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 .
Information Disclosure Statement
The information disclosure statement (IDS) was submitted on 6/13/2025. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claim 19 is objected to because of the following informalities: “an inflatable pool cover” in claim 19, line 12 should read --said inflatable pool cover--. Appropriate correction is required.
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) 1-6, 8-9, and 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Livingston (US 5345621) in view of Lau (US 6357059) and Decker (US 20100058529).
Regarding claim 1, Livingston discloses a system, comprising:
a pool apparatus (10), said pool apparatus comprising:
a first tank (12) comprising a first base (horizontal section of 12 below 66, see Fig. 3), and a tapered section (section of 12 extending from the horizontal section below 66 to 12a) extending away from said first base (see Fig. 3), wherein said tapered section comprises holes (holes in 12 corresponding to nozzles 86 and fittings 84; col. 6, ll. 61-66);
a second tank (16) comprising a second base (bottom of 16), and a section (section of 16 extending from the bottom of 16) extending from said second base, wherein said first tank positions in said second tank such that said first base aligns with said second base (see Fig. 3), and wherein said section comprises pipe receiving sections (sections of 16 receiving the PVC tubing near 82); and
connecting pipes (18 on the left side of 19) extending from said holes (see Fig. 3), and wherein said extender pipes draw through said pipe receiving sections (see Fig. 3; col. 1, l. 68 - col. 2, l. 3);
a pool cover (14); and
wherein said connecting pipes and said extender pipes circulate water into said first tank (col. 4, ll. 32-40),
wherein said second tank presents an air gap (26-27) with said first tank and allows said first tank to maintain temperature of water (col. 5, ll. 52-61; col. 8, ll. 12-34),
wherein said pool cover is configured to be positioned over said first tank and said second tank (see Fig. 1) when said first tank and said second tank are not in use (col. 1, ll. 24-25; col. 3, ll. 49-50), and wherein said pool cover prevents dust and debris from entering said first tank and said second tank (hard cover 14 is constructed of rigid panels, col. 3, ll. 43-50; therefore, dust and debris is prevented from entering during non-use of the spa).
However, Livingston does not explicitly disclose a cylindrical section extending from said second base and each of said connecting pipes comprises a T-shaped pipe, wherein each of said T-shaped pipe connects to an extender pipe, wherein said T-shaped pipes circulate water into said first tank as claimed.
Lau discloses a portable spa including a cylindrical section (70) extending from said second base (base of 70), wherein each of said connecting pipes (126, 128, 130) comprises a T-shaped pipe (126), wherein each of said T-shaped pipe connects to an extender pipe (114), wherein said T-shaped pipes circulate water into said first tank (see Fig. 3 and 5-6). It would have been obvious to one of ordinary skill in the art to have modified the spa of Livingston, to have a cylindrical section and T-shaped pipes as claimed, as taught by Lau, since it was known in the art that spas may be circular, and that T-connectors are used to connect jet nozzles to branch water tubing extending in opposite directions (col. 5, ll. 35-56).
Furthermore, Livingston does not disclose an inflatable pool cover; and a valve positioned over said inflatable pool cover, wherein said valve is configured to inflate said inflatable pool cover as claimed.
Decker discloses a swimming pool covering device including an inflatable pool cover (11); and a valve (15, 54) positioned over said inflatable pool cover (see Fig. 3-4), wherein said valve is configured to inflate said inflatable pool cover (¶ 0036-0038). It would have been obvious to one of ordinary skill in the art to have modified the pool cover of Livingston, to be inflatable as claimed, as taught by Decker, so that the pool covering device may be easily cleaned when inflated and conveniently folded and packed away for later use (¶ 0033).
Regarding claim 2, the combination above and specifically Livingston further discloses said tapered section offers a reclined shape (see Fig. 3) for a lounging experience to users (66 is a foot well, col. 4, ll. 18-21; therefore, a user sits on unnamed element 64).
Regarding claim 3, the combination above discloses substantially all of the elements of the present invention as stated above in the rejection of claim 1.
However, Livingston does not disclose gaskets as claimed.
Lau discloses a portable spa wherein said holes (88 and holes corresponding to 110) comprise gaskets (82, 111) to prevent leakage of the water from said first tank (see Fig. 3 and 7-8; col. 4, ll. 46-48). It would have been obvious to one of ordinary skill in the art to have modified the holes of the first tank of Livingston, to include gaskets as claimed, as taught by Lau, since it was known in the art that gaskets function to provide a tight seal against water leakage from the interior of the pool (col. 4, ll. 46-48).
Regarding claim 4, the combination above and specifically Livingston further discloses said extender pipes connect to a filter (100; water may be filtered at discharge side of the heater, col. 4, ll. 32-40), and wherein said filter filters the water and supplies the filtered water to said first tank (col. 4, ll. 32-40) via a pump (70).
Regarding claim 5, Livingston further discloses a heater (72), wherein said heater heats the water supplied to said first tank (col. 4, ll. 9-18).
Regarding claim 6, the combination above and specifically Livingston further discloses said extender pipes comprise an inlet pipe (18 having the flow path upstream of 70) and an outlet pipe (18 having the flow path downstream of 70), wherein said inlet pipe draws water into a pump (70) and then into a filter (100, water may be filtered at discharge side of the heater, col. 4, ll. 32-40), and wherein said outlet pipe receives the filtered water and supplies to said first tank (col. 4, ll. 9-21).
Regarding claim 8, the combination above and specifically Decker further discloses wherein said inflatable pool cover has a diameter (diameter of 11) larger than said pool apparatus (24; see Fig. 3).
Regarding claim 9, the combination above and specifically Decker further discloses wherein said inflatable pool cover has one of a circular (see Fig. 3), square, rectangular, pentagon, hexagon, and an octagon configuration.
Regarding claim 19, Livingston discloses a method of providing a pool apparatus (col. 3, ll. 23-27) comprising a pool cover (14), said method comprising the steps of:
providing a first tank (12) comprising a first base (horizontal section of 12 below 66, see Fig. 3), and a tapered section (section of 12 extending from the horizontal section below 66 to 12a) extending away from said first base, said tapered section comprising holes (holes in 12 corresponding to nozzles 86 and fittings 84);
providing a second tank (16) comprising a second base (bottom of 16) and a section (section of 16 extending from the bottom of 16) extending from said second base, said first tank positioning in said second tank such that said first base aligns with said second base (see Fig. 3), said section comprising pipe receiving sections (sections of 16 receiving the PVC tubing near 82);
providing connecting pipes (18 on the left side of 19) extending from said holes (see Fig. 3), said extender pipes drawing through said pipe receiving sections (see Fig. 3; col. 1, l. 68 - col. 2, l. 3);
providing a pool cover (14);
circulating water through said connecting pipes and said extender pipes into said first tank (col. 4, ll. 32-40),
presenting an air gap (26-27) between said second tank and said first tank to allow said first tank to maintain temperature of water (col. 5, ll. 52-61; col. 8, ll. 12-34); and
positioning said pool cover over said first tank and said second tank (see Fig. 1) when said first tank and said second tank are not in use (col. 1, ll. 24-25; col. 8, ll. 49-50) for preventing dust and debris from entering said first tank and said second tank (cover 14 is constructed of rigid panels, col. 3, ll. 43-50; therefore, dust and debris is prevented from entering during non-use of the spa).
However, Livingston does not explicitly disclose a cylindrical section extending from said second base, each of said connecting pipes comprising a T-shaped pipe, each of said T-shaped pipe connecting to an extender pipe, and circulating water through said T-shaped pipes into said first tank as claimed.
Lau discloses a portable spa including a cylindrical section (70) extending from said second base (base of 70), each of said connecting pipes (126, 128, 130) comprising a T-shaped pipe (126), each of said T-shaped pipe connecting to an extender pipe (114), and circulating water through said T-shaped pipes into said first tank (see Fig. 3 and 5-6). It would have been obvious to one of ordinary skill in the art to have modified the spa of Livingston, to have a cylindrical section and T-shaped pipes as claimed, as taught by Lau, since it was known in the art that spas may be circular, and that T-connectors are used to connect jet nozzles to branch water tubing extending in opposite directions (col. 5, ll. 35-56).
Furthermore, Livingston does not disclose providing an inflatable pool cover; providing a valve positioned over said inflatable pool cover, said valve configured for inflating said inflatable pool cover as claimed.
Decker discloses a swimming pool covering device including providing an inflatable pool cover (11); providing a valve (15, 54) positioned over said inflatable pool cover (see Fig. 3), said valve configured for inflating said inflatable pool cover (¶ 0036-0038). It would have been obvious to one of ordinary skill in the art to have modified the pool cover of Livingston, to be inflatable as claimed, as taught by Decker, so that the pool covering device may be easily cleaned when inflated and conveniently folded and packed away for later use (¶ 0033).
Regarding claim 20, the combination above and specifically Decker further discloses securing said inflatable pool cover to said pool apparatus using said plurality of rings and ground straps (39; elements 39 are capable of securing the cover to the ground; see Fig. 3; ¶ 0031-0032, 0041-0042).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Livingston (US 5345621) in view of Lau (US 6357059) and Decker (US 20100058529) as applied to claim 1 above, and further in view of Mahoney (US 4566141).
Regarding claim 7, the combination above discloses substantially all of the elements of the present invention as stated above in the rejection of claim 1.
Livingston further discloses a curved portion (12a, 50) extending outwards and downwards from a tip (juncture between 12 and 12a) of said tapered section (see Fig. 4); however, Livingston does not disclose cut sections as claimed.
Mahoney discloses a swimming pool wall construction wherein said curved portion (16, 18) comprises cut-sections (14), and wherein said cut-sections help to lift and position the side wall (10) in webs (22). It would have been obvious to one of ordinary skill in the art to have modified the curved portion of Livingston, to include cut-sections as claimed, as taught by Mahoney, in order to permit the wall to be conveniently bendable to be concave or convex (col. 2, ll. 39-52). In doing so, the combination meets the limitation of said cut-sections help to lift and position said first tank in said second tank as claimed.
Claim(s) 10-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Livingston (US 5345621) in view of Lau (US 6357059) and Decker (US 20100058529) as applied to claim 1 above, and further in view of Jennings (US 20140020171).
Regarding claim 10, the combination above discloses substantially all of the elements of the present invention as stated above in the rejection of claim 1.
Decker further discloses wherein said inflatable pool cover comprises:
a body (body of 11) having a top end (top end of 11) and a bottom end (lower end of 11);
a plurality of rings (28) positioned around a periphery (periphery of 32) of said body at said top end (see Fig. 3-4); and
wherein said plurality of rings configure to secure said body to said pool apparatus (¶ 0031-0032, 0041-0042).
However, the combination above does not disclose handles provided at said body, wherein said handles allow placement and removal of said body from said pool apparatus as claimed.
Jennings discloses a swimming pool pillow wherein said inflatable pool cover comprises: handles (horizontal sections of 124) provided at said body (102), wherein said handles allow placement and removal of said body from said pool apparatus (122; ¶ 0006). It would have been obvious to one of ordinary skill in the art to have modified the pool cover of Livingston, to include handles as claimed as taught by Jennings, in order to enable a user to pull the cover device onto or off of the swimming pool with ease (¶ 0006).
Regarding claim 11, the combination above and specifically Jennings further discloses wherein said handles position at said top end of said body or extend from sides of said body (see Fig. 2 and 5B).
Regarding claim 12, the combination above and specifically Jennings further discloses wherein each of said handles connects to said body via a connecting member (vertical sections of 124).
Regarding claim 13, the combination above and specifically Decker further discloses wherein said plurality of rings configure to secure said inflatable pool cover to said pool apparatus via ground straps (39; elements 39 are capable of securing the cover to the ground) of said pool apparatus (see Fig. 3; ¶ 0031-0032, 0041-0042).
Regarding claim 14, Livingston discloses a system, comprising:
a pool apparatus (10), said pool apparatus comprising:
a first tank (12) comprising a first base (horizontal section of 12 below 66, see Fig. 3), and a tapered section (section of 12 extending from the horizontal section below 66 to 12a) extending away from said first base (see Fig. 3), wherein said tapered section comprises holes (holes in 12 corresponding to nozzles 86 and fittings 84);
a second tank (16) comprising a second base (bottom of 16) and a section (section of 16 extending from the bottom of 16) extending from said second base, wherein said first tank positions in said second tank such that said first base aligns with said second base (see Fig. 3), and wherein said section comprises pipe receiving sections (sections of 16 receiving the PVC tubing near 82); and
connecting pipes (18 on the left side of 19) extending from said holes (see Fig. 3), and wherein said extender pipes draw through said pipe receiving sections (see Fig. 3; col. 1, l. 68 - col. 2, l. 3); and a pool cover (14),
wherein said connecting pipes and said extender pipes circulate water into said first tank (col. 4, ll. 32-40),
wherein said second tank presents an air gap (26-27) with said first tank and allows said first tank to maintain temperature of water (col. 5, ll. 52-61; col. 8, ll. 12-34),
wherein said pool cover is configured to be positioned over said first tank and said second tank (see Fig. 1) when said first tank and said second tank are not in use (col. 1, ll. 24-25; col. 8, ll. 49-50), wherein said pool cover prevents dust and debris from entering said first tank and said second tank (hard cover 14 is constructed of rigid panels, col. 3, ll. 43-50; therefore, dust and debris is prevented from entering during non-use of the spa).
However, Livingston does not explicitly disclose a cylindrical section extending from said second base, each of said connecting pipes comprises a T-shaped pipe, wherein each of said T-shaped pipe connects to an extender pipe, wherein said T-shaped pipes circulate water into said first tank as claimed.
Lau discloses a portable spa including a cylindrical section (70) extending from said second base (base of 70), wherein each of said connecting pipes (126, 128, 130) comprises a T-shaped pipe (126), wherein each of said T-shaped pipe connects to an extender pipe (114), wherein said T-shaped pipes circulate water into said first tank (see Fig. 3 and 5-6). It would have been obvious to one of ordinary skill in the art to have modified the spa of Livingston, to have a cylindrical section and T-shaped pipes as claimed, as taught by Lau, since it was known in the art that spas may be circular, and that T-connectors are used to connect jet nozzles to branch water tubing extending in opposite directions (col. 5, ll. 35-56).
Furthermore, Livingston does not disclose an inflatable pool cover, said inflatable pool cover comprising: a body having a top end and a bottom end, wherein said body comprises a tapered portion forming a pyramid shape from a circumference to a center of said body at said top end; a plurality of rings positioned around a periphery of said body at said top end; a valve positioned at said body, wherein said valve is configured to inflate said inflatable pool cover; and handles provided at said body, wherein said handles allow placement and removal of said body from said pool apparatus, wherein said plurality of rings is configured to secure said inflatable pool cover to said pool apparatus as claimed.
Decker discloses a swimming pool covering device including an inflatable pool cover (11), said inflatable pool cover comprising: a body (body of 11) having a top end (top end of 11) and a bottom end (bottom end of 11), wherein said body comprises a tapered portion (tapered portion of 11 rising to the top center of 11; see Fig. 3-4) forming a pyramid shape (see Fig. 3-4) from a circumference (circumference of 11) to a center (center of 11) of said body at said top end (see Fig. 3-4);
a plurality of rings (28) positioned around a periphery (periphery of 32) of said body at said top end (see Fig. 3-4);
a valve (15, 54) positioned at said body (see Fig. 3-4), wherein said valve is configured to inflate said inflatable pool cover (¶ 0036-0038); and
wherein said plurality of rings is configured to secure said inflatable pool cover to said pool apparatus (¶ 0031-0032, 0041-0042). It would have been obvious to one of ordinary skill in the art to have modified the pool cover of Livingston, to be inflatable as claimed, as taught by Decker, so that the pool covering device may be easily cleaned when inflated and conveniently folded and packed away for later use (¶ 0033).
Jennings discloses a swimming pool pillow including an inflatable pool cover (102), said inflatable pool cover comprising: handles (horizontal sections of 124) provided at said body (body of 102), wherein said handles allow placement and removal of said body from said pool apparatus (122; ¶ 0006). It would have been obvious to one of ordinary skill in the art to have modified the pool cover of Livingston, to include handles as claimed as taught by Jennings, in order to enable a user to pull the cover device onto or off of the swimming pool with ease (¶ 0006).
Regarding claim 15, the combination above and specifically Decker further discloses wherein said tapered portion creates a hollow portion (hollow portion between 11 and 24) at said bottom end between said pool apparatus and said body when said body is placed over said pool apparatus (see Fig. 3).
Regarding claim 16, the combination above and specifically Decker further discloses wherein said body comprises a foldable section (bottom section of 11; ¶ 0033) at said bottom end (see Fig. 4) of said body allowing said body to fold when deflated (¶ 0033).
Regarding claim 17, the combination above and specifically Decker further discloses wherein said tapered portion allows rainwater and debris to slide off when said inflatable pool cover is placed over said pool apparatus (¶ 0014-0017).
Regarding claim 18, the combination above and specifically Decker further discloses wherein said pool apparatus comprises ground straps (26, 39; elements 39 are capable of securing the cover to the ground) with strap rings (39) at their distal ends, and wherein said strap rings lock into said plurality of rings of said inflatable pool cover ensuring said body is secured to said pool apparatus (see Fig. 3; ¶ 0031-0032, 0041-0042).
Conclusion
The prior art made of record in the PTO-892 form and not relied upon is considered pertinent to applicant's disclosure.
Bonneau (US 4825479) is directed to the state of the art as disclosing an inflatable swimming pool cover including a swimming pool (10), a generator (34), an air intake (32), grommets (48), and cables (44).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM R KLOTZ whose telephone number is (571)272-0274. The examiner can normally be reached Monday-Thursday 11AM-5PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David P 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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
WILLIAM R. KLOTZ
Examiner
Art Unit 3754
/DAVID P ANGWIN/Supervisory Patent Examiner, Art Unit 3754