Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 2, 3, 4, 9, 10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Huang (US Patent 20220064976).
Regarding Claim 1, Huang shows a thermally insulated non-inflatable pool, comprising: a liner (21), having a water storage cavity (202); a frame (22), surrounding a perimeter of the liner (Fig.3); a connection member (24), fixing the liner to the frame (Fig. 4; paragraph 43); and a thermal insulation structure (23), at least a part of which is arranged between the liner and the frame (Fig.6; paragraph 43), wherein at least a part of the thermal insulation structure is attached to one or more of: an outer surface of the liner and inner surface of the frame (Fig.4; paragraph 43).
Regarding Claim 2, Huang shows the thermally insulated non-inflatable pool of claim 1, wherein the thermal insulation structure (23) comprises a cylinder (fig.3) defined by a wall and presenting an upper end and a lower end (top and bottom of the cylinder), an inner side surface of the cylinder approximating the outer surface of the liner (the insulation is next to the liner; 21), and an outer side surface of the cylinder approximating the inner surface of the frame (22) (Fig.3 & 4).
Regarding Claim 3, Huang shows the thermally insulated non-inflatable pool of claim 2, wherein the upper end and the lower end of the cylinder (23) are provided with openings (its cylinder shape provides openings at the top and bottom).
Regarding Claim 4, Huang shows the thermally insulated non-inflatable pool of claim 2, wherein the inner side surface of the cylinder (23) is adhered to the outer surface of the liner (21), and/or the outer side surface of the cylinder (23) is adhered to the inner surface of the frame (22) (Fig. 3 paragraph 43).
Regarding Claim 9, Huang shows the thermally insulated non-inflatable pool of claim 2, wherein the thermal insulation structure further comprises a bottom sheet (14) arranged under a bottom wall of the liner (Fig.4).
Regarding Claim 10, Huang shows the thermally insulated non-inflatable pool of claim 9, wherein the bottom sheet (14) is adhered to the lower surface of the bottom wall of the liner (through portion 25; paragraph 43).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 8, 11, 13, 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huang (US Patent 20220064976) in view of Zhang et al (US Patent Publication 20160376800 herein after Zhang).
Regarding Claim 8, Huang shows the thermally insulated non-inflatable pool of claim 1, but fails to show a plurality of thermal simulation structures. Zhang teaches a pool having thermal insulation structure comprises a plurality of thermal insulation units (6) arranged between the liner (21) and the frame (22), the thermal insulation units being arranged in one or more of the following configurations: the plurality of thermal insulation units are spliced to each other (Fig.2). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include a plurality of thermal insulation units are spliced to each other in order to allow for the pool to be easily assembled.
Regarding Claim 11, Huang shows the thermally insulated non-inflatable pool of claim 2, but fails to show the material of the thermal insulation structure. Zhang teaches a pool having a material of the thermal insulation structure comprises elastomeric foam (paragraph 26). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include thermal insulation structure comprising elastomeric foam in order to prevent the foam from degrading.
Regarding Claim 13, Huang shows the thermally insulated non-inflatable pool of claim 1, wherein a material of the liner (21) comprises one or more of flexible polyvinyl chloride (PVC) (paragraph 43).
Regarding Claim 14, Huang shows the thermally insulated non-inflatable pool of claim 1, wherein the frame (22) is constructed from one or more of: a structurally supportive plastic (paragraph 43).
Allowable Subject Matter
Claims 5-7 and 12 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Boutin (US Patent 9,903,129) is directed toward teaching an insulated pool. Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAUREN ASHLEY CRANE whose telephone number is (571)270-5198. The examiner can normally be reached Mondays & Tuesdays 8 am - 4pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Angwin can be reached at 571-270-3735. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LAUREN A CRANE/Primary Examiner, Art Unit 3754
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