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) submitted on 5/19/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
Claims 1-3, 5-9, 12-13, and 15-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lauboeck et al. (DE 19952584 A1, translation provided herewith, hereinafter Lauboeck).
In regards to claim 1, Lauboeck discloses in Figures 1, 2, and 6, a method of installing a lighting system in a swimming pool or spa (see Fig. 2), the method comprising: guiding a lighting assembly cable (7) through a conduit outlet (16) of a wall fitting (see Fig. 1), into conduit (within 33), and up to a location of a pool transformer (via 36), wherein the wall fitting is below a water line within a swimming pool or spa (see Fig. 2); and coupling a lighting assembly (4, 1, see Fig. 2) with the wall fitting (see Fig. 1), wherein the lighting assembly is connected to the lighting assembly cable (see Figs. 1, 2, and 6), and wherein a portion of the lighting assembly extends into the conduit (see Fig. 6), wherein guiding the lighting assembly cable comprises positioning a pre-wound section of the lighting assembly cable comprising a plurality of turns within the conduit (illustrated by 7 within 33, Fig. 6).
In regards to claim 2, Lauboeck discloses in Figures 1, 2, and 6, guiding the pre-wound section into the conduit (portion of 7 as illustrated in Fig. 6) may include partially compressing the pre-wound section (such being illustrated in Fig. 6).
In regards to claim 3, Lauboeck discloses in Figures 1, 2, and 6, the pre-wound portion is movable between a contracted state and an extended state (illustrated in Fig. 2), wherein a length of the pre-wound portion in the extended state is greater than the length of the pre-wound portion in the contracted state (illustrated in Fig. 2), wherein the pre-wound portion is configured to be in the contracted state when unloaded or in an absence of a force (illustrated in Fig. 2), and wherein guiding the pre-wound section into the conduit comprises moving the pre-wound portion from the extended state to the contracted state (illustrated in Fig. 6).
In regards to claim 5, Lauboeck discloses in Figures 1, 2, and 6, a method of servicing a lighting system of a swimming pool or spa (see Fig. 2), the method comprising: uncoupling a lighting assembly (4, 1, see Fig. 2) from a wall fitting below a water line within the swimming pool or spa (see Fig. 2); and applying a force pulling the lighting assembly from the wall fitting into the swimming pool or spa (see Fig. 2), wherein applying the force comprises extending a pre-wound lighting assembly cable (7) comprising a plurality of turns and connected to the lighting assembly from a contracted state to an extended state (see Figs. 1, 2, and 6), wherein the lighting assembly cable is configured to return to the contracted state in an absence of the force (see Figs 1 and 6).
In regards to claim 6, Lauboeck discloses in Figures 1, 2, and 6, an underwater pool lighting system (see Figs. 1, 2, and 6) comprising: a lighting assembly (4, 1, see Fig. 2) comprising at least one light source (4); and a lighting assembly cable (7) connected to the lighting assembly (see Figs. 1, 2, and 6), wherein the lighting assembly cable (7) comprises a straight portion and a pre-wound portion (see Fig. 6), wherein the pre-wound portion comprises a plurality of turns (see Fig. 6).
In regards to claim 7, Lauboeck discloses in Figures 1, 2, and 6, the pre-wound portion is movable between a contracted state and an extended state (see Figs. 1, 2, and 6), wherein a length of the pre-wound portion in the extended state is greater than the length of the pre-wound portion in the contracted state (see Figs. 1, 2, and 6), and wherein the pre-wound portion is configured to be in the contracted state when unloaded or in an absence of a force (see Figs. 1, 2, and 6).
In regards to claim 8, Lauboeck discloses in Figures 1, 2, and 6, the pre-wound portion is movable between a contracted state and an extended state (see Figs. 1, 2, and 6), wherein the plurality of turns comprise a first transverse dimension in the contracted state and a second transverse dimension in the extended state, wherein the first transverse dimension is greater than the second transverse dimension (see Figs. 1, 2, and 6), and wherein the pre-wound portion is configured to retract to the contracted state when unloaded (see Figs. 1, 2, and 6).
In regards to claim 9, Lauboeck discloses in Figures 1, 2, and 6, in the contracted state, the plurality of turns have a same transverse dimension (see Figs. 1, 2, and 6).
In regards to claim 12, Lauboeck discloses in Figures 1, 2, and 6, further comprising: a wall fitting (2); and conduit (within 33), wherein at least the pre-wound portion of the lighting assembly cable (7) is within the conduit (see Fig. 6).
In regards to claim 13, Lauboeck discloses in Figures 1, 2, and 6, the conduit is a first conduit having a first diameter (front portion of 33, see Fig. 6), wherein the underwater pool lighting system further comprises a second conduit for receiving a straight portion of the lighting assembly cable (rear portion of 33, see Fig. 6), wherein an inner diameter of the second conduit is less than an inner diameter of the first conduit (see Fig. 6).
In regards to claim 15, Lauboeck discloses in Figures 1, 2, and 6, the lighting assembly cable (7) comprises a cable connector at an end of the lighting assembly cable (32), and wherein the cable connector is configured to engage the lighting assembly such that the lighting assembly (4, 1) is detachable from the lighting assembly cable (7 at 31, noting 32 is a “plug connector”, see Fig. 6).
In regards to claim 16, Lauboeck discloses in Figures 1, 2, and 6, the lighting assembly comprising a lighting assembly connector (in 31) configured to engage the cable connector (32, see Fig. 6).
In regards to claim 17, Lauboeck discloses in Figures 1, 2, and 6, the lighting assembly connector (of 31) is spaced apart from a housing of the lighting assembly (see Fig. 6).
In regards to claim 18, Lauboeck discloses in Figures 1, 2, and 6, the lighting assembly connector is spaced apart from a housing of the lighting assembly by a cable (see Fig. 6).
In regards to claim 19, Lauboeck discloses in Figures 1, 2, and 6, the lighting assembly connector is on a housing of the lighting assembly (see Fig. 6).
In regards to claim 20, Lauboeck discloses in Figures 1, 2, and 6, the lighting assembly is a nicheless lighting assembly (see Fig. 6, noting no details of “nicheless” lighting have been claimed, the Examiner interpretes the lighting device of Lauboeck to be nicheless).
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 4, 10, 11, 14, and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Lauboeck.
In regards to claims 4, 10, 11, 14, and 21, Lauboeck teaches coupling a lighting assembly with the wall fitting comprises coupling the lighting assembly below the water line of the swimming pool or spa (see Fig. 2) as recited in Claim 4, the pre-wound portion is movable between a contracted state and an extended state (see Figs. 1, 2, and 6), wherein the plurality of turns comprise a first transverse dimension in the contracted state and a second transverse dimension in the extended state (see Figs. 1, 2, and 6), wherein the first transverse dimension is greater than the second transverse dimension (see Figs. 1, 2, and 6) as recited in claim 10, and A swimming pool or spa comprising the underwater pool lighting system (see Fig. 2) of claim 6 (see rejection of Claim 6 above), wherein the lighting assembly is below a water line of the swimming pool or spa (see Fig. 2) as recited in claim 21.
Lauboeck fails to disclose or fairly suggest coupling the lighting assembly at least 4 inches below the water line as recited in Claim 4, in the contracted state, the first transverse dimension of the pre-wound portion is less than or equal to 1.5 inches as recited in claim 10, a length of the pre-wound portion is at least 7 inches as recited in claim 11, the inner diameter of the first conduit is 1.5 inches and wherein the inner diameter of the second conduit is 1 inch as recited in claim 14, and the lighting assembly is at least 4 inches below a water line.
However, It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to provide for the appropriate dimensions of the parts of a pool lighting system such as that of Lauboeck, in order to operate in the space and conditions as required by the application of such a system, noting it has been held by the courts that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device, and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device. In Gardner v. TEC Systems, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please review the cited references found on the attached PTO-892, namely Patti (US 2004/0184263), Patti (US 2006/0291197), Willis et al. (US 7,125,146), Bourne (US 4,974,134), Thrasher et al. (US 5,842,771), Poppenheimer (US 4,574,337), and Poma et al. (WO 2011/141640 A1), which teaches either alone or in combination pool/underwater lighting systems utilizing coiled cables similar to that which is currently claimed above.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXANDER K GARLEN whose telephone number is (571)272-3599. The examiner can normally be reached M-F 8:00-5:00 PM.
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, Jessica Han can be reached at 571-272-2078. 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.
/ALEXANDER K GARLEN/ Primary Examiner, Art Unit 2896