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 § 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) 1-5, 7-16, 18, 19 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kung (U.S. Patent No. 5369796) in view of Levesque et al. (U.S. Pub. No. 20120017796), Aydelette Sr (U.S. Patent No. 4916845) and Nutz et al. (U.S. Pub. No. 20190031302).
Regarding Claim 1, Kung discloses a portable audio device for floating in water 12 (Figure 1), the portable audio device comprising: a waterproof enclosure (portion between lid and float; figure 3); a radio 32 (Figure 3) and a speaker 36 (Figure 3) configured to be powered by a rechargeable battery 46 (figure 3), wherein the radio, the speaker, and the rechargeable battery are integrated in the waterproof enclosure (Figure 3). Kung does not disclose at least one anchor and at least one line, wherein the at least one anchor is configured to be connected to a first end of the at least one line and the waterproof enclosure is configured to be connected to a second end of the at least one line, wherein the at least one anchor includes a lid and a container that enclose a hollow section, the lid configured to open for providing access to the hollow section and is configured to be filled with a material, when the lid is open that increases a weight of the at least one anchor and being made of a polymer and including at least one piece of silicone rubber and a wireless speaker. However, Aydelette Sr teaches at least one anchor 11 (Figure 3) and at least one line 14 (Figure 3), wherein the at least one anchor is configured to be connected to a first end of the at least one line and the waterproof enclosure is configured to be connected to a second end of the at least one line (Figure 3), wherein the at least one anchor includes a lid 16 (Figure 3) and a container 17 (Figure 3) that enclose a hollow section (Figure 3), the lid configured to open for providing access to the hollow section (figure 3), the lid container configured to be filled with a material, when the lid is open that increases a weight of the at least one anchor 18 (figure 3). Nutz et al. teaches a wireless speaker (paragraph 24). Levesque et al. teaches being made of a polymer and including at least one piece of silicone rubber (paragraph 35). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify Kung to include the above as taught by Nutz et al., Levesque et al. and Aydelette Sr, in order to help easily connect to speakers, be durable and to stay floating in one location.
Regarding Claim 2, Kung discloses at least one beverage compartment 52 (Figure 1) configured to contain at least one beverage (Figure 1).
Regarding Claim 3, Kung discloses a buoyant material (figure 3, float 22), wherein the buoyant material is configured to cause the portable audio device to float on a surface of a body of water (Figure 1).
Regarding Claim 4, Kung discloses the waterproof enclosure is configured to be at least partially submerged in water to provide heat sinking for the radio, the wireless speaker, and the rechargeable battery (Figure 1).
Regarding Claim 5, Kung discloses the waterproof enclosure is included within an inflatable flotation device (Figure 1 and 3) and the second end of the at least one line is connected to a connection point on the inflatable flotation device (figure 1, when combined with Aydelette Sr).
Regarding Claim 7, Aydelette Sr teaches the hollow section of the at least one anchor is configured to securely contain the waterproof enclosure when not filled with the material that increases a weight of the at least one anchor (Figure 3). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify Kung to include the above as taught by Aydelette Sr, in order to stay floating in one location.
Regarding Claim 8, Kung discloses a second waterproof enclosure 42 (Figure 3), the second waterproof enclosure configured to contain at least one communication device (Figure 3, capable of container a communication device). Kung does not disclose being made of a polymer and including at least one piece of silicone rubber. However, Levesque et al. teaches being made of a polymer and including at least one piece of silicone rubber (paragraph 35). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify Kung, Aydelette Sr and Nutz et al. to include the above as taught by Levesque et al., in order to provide a waterproof and durable material.
Regarding Claim 9, Kung discloses he at least one communication device is communicatively coupled to at least one of the radio or the wireless speaker Column 2, lines 65-68-Column 3, lines 1-12).
Regarding Claim 10, Kung discloses portable audio device for floating in water (figure 1), the portable audio device comprising: a waterproof enclosure (Figure 3; within the portion between the lid and floating portion); a speaker 36 (Figure 3) configured to be powered by a rechargeable battery 46 (Figure 3), wherein the speaker and the rechargeable battery are integrated in the waterproof enclosure (Figure 3, within the portion between the lid and floating portion);. Kung does not disclose being made of a polymer and including at least one piece of silicone rubber, a wireless speaker and at least one anchor and at least one line, wherein the at least one anchor is configured to be connected to a first end of the at least one line and the waterproof enclosure is configured to be connected to a second end of the at least one line, wherein the at least one anchor includes a lid and a container, the lid configured to open for providing access to a hollow section that is enclosed by the container. However, Nutz et al. teaches a wireless speaker (paragraph 24), Levesque et al. teaches being made of a polymer and including at least one piece of silicone rubber (paragraph 35) and Aydelette Sr teaches at least one anchor 11 (Figure 3) and at least one line 14 (Figure 3), wherein the at least one anchor is configured to be connected to a first end of the at least one line and the waterproof enclosure is configured to be connected to a second end of the at least one line (Figure 3), wherein the at least one anchor includes a lid 16 (Figure 3) and a container 17 (Figure 3), the lid configured to open for providing access to a hollow section that is enclosed by the container (Figure 3). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify Kung to include the above as taught by Nutz et al., Levesque et al. and Aydelette Sr, in order to help easily connect to speakers, be durable and to stay floating in one location.
Regarding Claim 11, Aydelette Sr teaches the hollow section is configured to be filled, when the lid is open, with a material that increases a weight of the at least one anchor 18 (Figure 3).
Regarding Claim 12, Aydelette Sr teaches the hollow section of the at least one anchor (Figure 3) is configured to securely contain the waterproof enclosure when not filled with the material that increases a weight of the at least one anchor (capable of containing a waterproof enclosure).
Regarding Claim 13, Kung discloses at least one beverage compartment configured to contain at least one beverage 52 (figure 1).
Regarding Claim 14, Kung discloses a buoyant material (figure 1; float 22), wherein the buoyant material is configured to cause the portable audio device to float on a surface of a body of water (Figure 1).
Regarding Claim 15, Kung discloses the waterproof enclosure is configured to be at least partially submerged in water to provide heat sinking for the wireless speaker and the rechargeable battery (Figure 1).
Regarding Claim 16, Kung discloses the waterproof enclosure is included within an inflatable flotation device (figure 1) and when combined with Aydelette Sr, the second end of the at least one line is connected to a connection point on the inflatable flotation device (figure 1).
Regarding Claim 18, Kung discloses a second waterproof enclosure 42 (Figure 3), the second waterproof enclosure configured to contain at least one communication device (Figure 3). Kung does not disclose being made of a polymer and including at least one piece of silicone rubber. However, Levesque et al. teaches being made of a polymer and including at least one piece of silicone rubber (paragraph 35). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify Kung, Aydelette Sr and Nutz et al. to include the above as taught by Levesque et al., in order to provide a waterproof yet durable material.
Regarding Claim 19, Kung discloses the at least one communication device is communicatively coupled to the wireless speaker (Column 2, lines 65-68-Column 3, lines 1-12; when combined with the wireless speaker of Nutz et al.).
Regarding Claim 20, Kung discloses at least one audio tunnel extending from an inside of the waterproof enclosure to an exterior of the waterproof enclosure (Figure 3).
Claim(s) 6 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kung (U.S. Patent No. 5369796) in view of Nutz et al. (U.S. Pub. No. 20190031302), Levesque et al. (U.S. Pub. No. 20120017796), Aydelette Sr (U.S. Patent No. 4916845) and Le Gette et al. (U.S. Pub. No. 20040166749).
Regarding Claims 6 and 17, Kung, Levesque et al., Aydelette Sr and Nutz et al. teach all the limitations substantially as claimed except for the waterproof enclosure includes a base or a floor that is configured to drain water. However, Le Gette et al. teaches a drain (paragraph 52). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify Kung, Levesque et al., Aydelette Sr and Nutz et al. to include the above, as taught by Le Gette et al., in order to allow for removal of water from the space.
Applicant is duly reminded that a complete response must satisfy the requirements of 37 C.F. R. 1.111, including: “The reply must present arguments pointing out the specific distinctions believed to render the claims, including any newly presented claims, patentable over any applied references. A general allegation that the claims “define a patentable invention” without specifically pointing out how the language of the claims patentably distinguishes them from the references does not comply with the requirements of this section. Moreover, “The prompt development of a clear Issue requires that the replies of the applicant meet the objections to and rejections of the claims.” Applicant should also specifically point out the support for any amendments made to the disclosure. See MPEP 2163.06 II(A), MPEP 2163.06 and MPEP 714.02. The ''disclosure'' includes the claims, the specification and the drawings.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELIZABETH J VOLZ whose telephone number is (571)270-5430. The examiner can normally be reached Monday-Friday 11am-7pm est.
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, NATHAN JENNESS can be reached at (571)270-5055. 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.
/E.J.V/Examiner, Art Unit 3733
/DON M ANDERSON/Primary Examiner, Art Unit 3733