DETAILED ACTION
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 .
Election/Restrictions
Claims 12-18 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 08/04/2026.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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, 6-11, and 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent 3,007,178 (hereinafter Altman).
Regarding claim 1, Altman discloses a therapy system (fig. 9) comprising: a first therapy assembly (70) configured to provide a hot therapy experience, the first therapy assembly including: a plurality of walls (75, “enclosure panels”) defining an interior chamber; a door (72) configured to permit selective access to the interior chamber; and a sauna element (fig. 7; 74) fluidly coupled with the interior chamber and configured to provide at least one of heated air or steam to the interior chamber (steam); and a second therapy assembly (71) configured to provide a cold therapy experience (user can only supply cold water to tub if so desired), the second therapy assembly including a bathtub (71) defining a bathing volume and structured to receive and hold a fluid (fig. 9), wherein the bathtub is positioned relative to the interior chamber of the first therapy assembly such that the bathing volume is accessible from the interior chamber of the first therapy assembly (fig. 9).
Regarding claim 2, Altman discloses further comprising a support structure (76) configured to provide selective access to the bathing volume and support a user within the interior chamber.
Regarding claim 6, Altman discloses wherein the bathtub (71) is positioned at least partially within the interior chamber of the first therapy assembly (fig. 9).
Regarding claim 7, Altman discloses wherein the second therapy assembly (defined by bathtub 71) is positioned below the first therapy assembly (defined by wall structures 75) such that at least a portion of the bathtub extends within the interior chamber (fig. 9).
Regarding claim 8, Altman discloses wherein the bathtub (71) is positioned entirely within the interior chamber of the first therapy assembly (fig. 9).
Regarding claim 9, Altman discloses further comprising a support structure (76) positioned adjacent to the bathtub and entirely within the interior chamber, the support structure configured to support a user within the interior chamber.
Regarding claim 10, Altman discloses wherein the interior chamber is a first interior chamber (portion of interior space above upper rim of tub), and wherein the first therapy assembly includes a second interior chamber (portion of interior space below upper rim of tub) separated from the first interior chamber by a partition (76).
Regarding claim 11, Altman discloses further comprising one or more processing circuits (56) configured to control at least one of a temperature of the interior chamber (temperature), a humidity of the interior chamber, or a temperature of the fluid received by the bathing volume.
Regarding claim 19, Altman discloses a therapy system comprising: a hot therapy assembly (70) configured to provide a hot therapy experience, the hot therapy assembly including: a plurality of walls (75, “enclosure panels”) defining an interior chamber; and a sauna element (fig. 7, 74) fluidly coupled with the interior chamber and configured to provide at least one of heated air or steam to the interior chamber (steam); and a cold therapy assembly (71) configured to provide a cold therapy experience (user can only supply cold water to tub if so desired), the cold therapy assembly including a bathtub (71) defining a bathing volume structured to receive and hold a fluid (fig. 9), wherein the bathtub is positioned below the hot therapy assembly such that at least a portion of the bathtub extends within the interior chamber and the bathing volume is accessible from the interior chamber of the hot therapy assembly (fig. 9).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 3-5 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Altman in view of US Patent 8,646,120 (hereinafter Schueler).
Regarding claims 3 and 20, Altman shows wherein the support structure (76) is configured to transition between a covered configuration and an uncovered configuration, wherein, in the covered configuration, access to the bathing volume is partially inhibited, and, wherein, in the uncovered configuration, access to the bathing volume is permitted (“Flexible cables 78 normally maintain 'the bench 76 in the seating position, but a hook 79 carried by the bench is also engageable with an eye 80 supported upon the wall for securing the bench in a retracted vertical storage position.” Col. 3, ln. 34-38). A user could still gain access to the bathing volume when the support structure (76) is in the seating/covered position, and therefore Altman fails to show access to the bathing volume is inhibited. Attention is turned to Schueler in the same field of endeavor of combination shower/bathtub units which shows including a support structure (200) that inhibits access to a bathtub when in a covered position to allow a user to stand on the tub and enjoy a bathing experience while standing. It would have been obvious to one having ordinary skill in the art before the effective filing of the claimed invention to modify the system of Altman to completely inhibit access to the bathtub during the covered position of the support structure to allow a user greater freedom of enjoying the interior chamber above the bathtub such as being able to fully stand while the tub is filled with water as evidenced by the teachings of Schueler.
Regarding claim 4, Altman shows wherein, in the covered configuration, the support structure (76) is configured to be disposed along and supported by an upper peripheral edge of the bathtub (fig. 9 shows the support structure extending over a bathtub ledge; accordingly it is configured to be disposed along and supported by that ledge).
Regarding claim 5, Altman shows wherein transitioning the support structure (76) between the covered configuration and the uncovered configuration facilitates transitioning the therapy system between the hot therapy experience and the cold therapy experience (a user would only be seated on the bench during the hot therapy experience; would only be able to sit in the bathtub when the bench is stored along the wall during the cold therapy experience).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. CN 102892397 A is directed to the state of the art of combination sauna and bathtub systems.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JANIE M LOEPPKE whose telephone number is (571)270-5208. The examiner can normally be reached M-F 9AM-5PM ET.
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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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/JANIE M LOEPPKE/Primary Examiner, Art Unit 3754
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