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 .
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-2, 6-7, 11-12 and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Pruzhansky et al. (2022/0079390).
Pruzhansky et al. disclose a folding bathtub, comprising: a bathtub body 100, wherein the bathtub body 104 comprises an upper side wall part (upper flange part of member 104), a bottom part 110 and a middle connecting wall part 103 for connecting the upper side wall part (upper flange part of member 104) and the bottom part 110, and the upper side wall part, the bottom part 110 and the middle connecting wall part 103,104 are surrounded to form a first accommodating cavity for accommodating liquid; and the middle connecting wall part 103,104 is flexible (see [0020]); the upper side wall part (upper flange part of member 104) comprises a first left side part 105 and a first right side part 105 (Fig. 3); the bottom part 110 comprises a first bottom 110a and a second bottom 110b, and the first bottom 110a and the second bottom 110b are foldable relative to each other via the middle connecting wall part 103,104; the first left side part (the left upper flange part of member 104) and the first right side part (the right upper flange part of member 104) are foldable relative to each other via the middle connecting wall part 105 (Figs. 5b and 5c), and the first left side part (the left upper flange part of member 104) is foldable to attach to the first right side part (the right upper flange part of member 104).
Regarding claim 2, the folding bathtub comprises a supporting body, wherein the supporting body is provided with a support frame 105 and support legs 101a, 101b,101c,101d, the support legs 101a, 101b,101c,101d are connected with the support frame 105 and the support frame 105is supported by the support legs101a, 101b,101c,101d; the support frame 105 is detachably connected with the bathtub body 104, and the bathtub body 104 is supported by the support frame 105; the bathtub body 104 is provided with a body part 103 and a supporting part (the flange of body 104) extending out on the upper side of the body part 103, the supporting part is connected with the support frame 105b, and the supporting part 105 is supported by the support frame.
Regarding claim 6, a concave support ring slot (shown in Fig. 3) is formed in the supporting part (the rim of 104), and the support frame (105) is arranged inside the support ring slot (the rim of 104).
Regarding claim 7, the folding bathtub also comprises a first locking device 131, and the support frame 105,131,131a,131b,132,132a,132b is detachably connected with the bathtub body 104 through the first locking device 131.
Regarding claim 11, the number of the first locking devices 131 is two, the two first locking devices 131 are respectively located on left and right sides of the bathtub body 104, and the support frame 105 is compressed and locked to the bathtub body 104 by the first locking device 131 (Fig. 3).
Regarding claim 12, the support frame 105 comprises a left support frame and a right support frame, and the left support frame is detachably connected with the right support frame (Fig. 3).
Regarding claim 17, the number of the support legs 101a, 101b is two, and the two support legs 101a, 101b are rotatably connected with both sides of the support frame 15 respectively; and the support frame 15 is a ring-shaped support frame 15, and the supporting part (the flange of 104) is a ring-shaped supporting part (Fig. 3).
Claims 1 and 18 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Chen (12,178,367).
Chen discloses a folding bathtub comprising: a bathtub body 3, wherein the bathtub body 3 comprises an upper side wall part 1,2, a bottom part 311,313 and a middle connecting wall part 32 for connecting the upper side wall part 1,2 and the bottom part 311,313, and the upper side wall part 1,2 , the bottom part 311,313 and the middle connecting wall part 32 are surrounded to form a first accommodating cavity for accommodating liquid; and the middle connecting wall part 103,104 is flexible; the upper side wall part 1,2 comprises a first left side part 1 and a first right side part 2 (Fig. 4); the bottom part 311,313 comprises a first bottom 311 and a second bottom 313, and the first bottom 311 and the second bottom 313 are foldable relative to each other via the middle connecting wall part 32; the first left side part 1 and the first right side part 2 are foldable relative to each other via the middle connecting wall part 32, and the first left side 1 is foldable to attach to the first right side part 2.
Regarding claim 18, the middle connecting wall part 32 comprises a middle side wall part (161), the upper side of the middle side wall part 32 is convexly provided with an upper connecting part 33, the upper connecting part 33 is located between the first left side part 1 and the first right side part 2, and the upper connecting part 33 is used for connecting the first left side part 1 and the first right side part 2; a bottom connecting part 312 is extended on the lower side of the middle side wall part 32, the bottom connecting part 312 is located between the first bottom and the second bottom 311 and 313, and the bottom connecting part 312 is used for connecting the first bottom 311 and the second bottom 313; the bottom connecting part 312 is a flexible bottom connecting part so as to be foldable between the first bottom 311 and the second bottom 313 the upper connecting part 33 is a flexible upper connecting part so as to be foldable between the first left side part 1 and the first right side part 2, and the middle side wall part 32 is a flexible middle side wall part so as to be foldable between the upper side wall part 1,2 and the bottom part 311,313.
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.
Claims 3-5 rejected under 35 U.S.C. 103 as being unpatentable over Pruzhansky et al. (2022/0079390).
Regarding claims 2-5, Pruzhansky et al. do not disclose a length of the bathtub body 10 mm to 80 mm or 20 mm to 45mm, a width ranges from 10 mm to 55 mm or 20 mm to 38mm, and a height ranges from 5 mm to 40 mm or 10mm to 25 mm
It would have been obvious to one having ordinary skill in the art to have bathtub body with a length ranges 10 mm to 80 mm or 20 mm to 45mm, a width ranges from 10 mm to 55 mm or 20 mm to 38mm, and a height ranges from 5 mm to 40 mm or 10mm to 25 mm of as a matter of routine optimization since it has been held that “where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d454, 456, 105 USPQ 233, 235 (CCPA 1955).
Claims 20 is rejected under 35 U.S.C. 103 as being unpatentable over Pruzhansky et al. (2022/0079390) in view of Chen (2024/0016342).
Pruzhansky et al. disclose a hollowed-out grooves are formed in the support frame 105 and the support legs 101a, 101b, 101c,101d (see Fig. 3), and the hollowed-out groove is internally provided with a plurality of reinforcing ribs and two side supporting portions connected with the support frame 105.
However, Pruzhansky et al. do no teach the support leg 101 comprises a bottom supporting portion and the two side supporting portions 101a, 101b are connected to both ends of the bottom supporting portion respectively. Attention is directed to Chen which teaches a folding bathtub comprising a support leg 20 having a bottom supporting portion 23 and two side supporting portions connected to both ends the bottom supporting portion. Therefore, it would have been obvious to one of skill in the art to modify the support legs of Pruzhansky et al. folding bathtub in view of the teaching of Chen to have a bottom supporting portion for enhancing structural strength.
Claims 19 is rejected under 35 U.S.C. 103 as being unpatentable over Pruzhansky et al. (2022/0079390) in views of Chen (2024/0016342) and Huang (2014/0182053).
Pruzhansky et al. disclose a water outlet is formed in the bottom of the bathtub body (see Figs. 2 and 3). However, Pruzhansky et al. do not teach a sealing plug provided with a covering part, a plug-in mounting part extending out of the covering part and a stop ring. Attention is directed to Huang which teach a sealing plug provided with a covering part and a plug-in mounting part extending out of the covering part. Furthermore, Huang teaches a drain plug 10 having a stop ring 12. Therefore, it would have been obvious to one of skill in the art to provide Pruzhansky et al. folding bathtub a drain plug in views of the teaching of Chen and Huang for sealing the drain of the bathtub.
Claims 3-5 rejected under 35 U.S.C. 103 as being unpatentable over Chen (12,178,367).
Regarding claims 2-5, Chen does not disclose a length of the bathtub body 10 mm to 80 mm or 20 mm to 45mm, a width ranges from 10 mm to 55 mm or 20 mm to 38mm, and a height ranges from 5 mm to 40 mm or 10mm to 25 mm
It would have been obvious to one having ordinary skill in the art to have bathtub body with a length ranges 10 mm to 80 mm or 20 mm to 45mm, a width ranges from 10 mm to 55 mm or 20 mm to 38mm, and a height ranges from 5 mm to 40 mm or 10mm to 25 mm of as a matter of routine optimization since it has been held that “where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d454, 456, 105 USPQ 233, 235 (CCPA 1955).
Claims 19 is rejected under 35 U.S.C. 103 as being unpatentable over Chen (12,178,367) in views of Chen (2024/0016342) and Huang (2014/0182053).
Chen discloses a water outlet 8 is formed in the bottom of the bathtub body (see Figs. 2 and 3). However, Chen does not teach a sealing plug provided with a covering part, a plug-in mounting part extending out of the covering part and a stop ring. Attention is directed to Huang which teach a sealing plug provided with a covering part and a plug-in mounting part extending out of the covering part. Furthermore, Huang teaches a drain plug 10 having a stop ring 12. Therefore, it would have been obvious to one of skill in the art to provide Chen folding bathtub a drain plug in views of the teaching of Chen and Huang for sealing the drain of the bathtub.
Allowable Subject Matter
Claims 8-10 and 13-16 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. Chen ‘161 teaches a foldable bathtub comprising a bathtub body having a upper side wall part, a bottom part and a middle connecting of connecting the upper side wall part and the bottom part.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HUYEN D LE whose telephone number is (571)272-4890. The examiner can normally be reached Monday-Friday.
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HUYEN D. LE
Primary Examiner
Art Unit 3754
/HUYEN D LE/ Primary Examiner, Art Unit 3754
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