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
Applicant’s election without traverse of Species 2 and Species A in the reply filed on 11/19/25 is acknowledged.
Claims 2, 14, 16-18, 20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 11/19/25.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the:
One or more suction cups on the bench configured to secure the bench to the bathtub
must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 15 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 15 recites the limitation "the clamping face plate" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 15 depends from claim 8 which depends from claim 1 while the ‘clamping face plate’ is introduced in claim 7.
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, 4-7, 9 and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 8,074,306 (Chien).
Regarding claim 1, Chien discloses a user-transfer bench system comprising:
a clamping device (4) configured for securing the user-transfer bench system to a bathtub, wherein the clamping device is mechanically fastened to the bathtub (it clamps to the bathtub); and
a bench (1) configured for facilitating mounting and dismounting actions performed by the user, wherein the bench is mechanically coupled (2) to the clamping device.
Regarding claims 4-5, Chien further discloses that the mechanical coupling between the bench and clamping device is through a swiveling device (2) comprising a pivot pin (23) which facilitates a swivel action associated with the clamping device in relation to the bench.
Regarding claim 6, the pivot pin as disclosed by Chien would facilitate a swivel action associated with the clamping device in relation to the bathtub (in so much as Applicant’s pivot pin does, the swivel action facilitates positioning the bench as desired despite a required orientation of the clamping device due to the bathtub).
Regarding claim 7, Chien discloses that the mechanical fastening of the clamping device with the bathtub is based on a clamping face plate (44).
Regarding claim 9, Chien discloses that the swivel action is in a range of zero to three hundred sixty degrees (Figs. 4-5; C3 L46- C4 L3 – freely swivels enough to turn a patient 180 degrees).
Regarding claim 11, Chien discloses that the bench is configured to be sat on (C3 L46- C4 L3).
Claims 1, 7 and 11 are rejected in the alternate and claims 8, 10, 12 and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 4,472,844 (Mace).
Regarding claim 1, Mace discloses a user-transfer bench system comprising:
clamping device (24) configured for securing the user-transfer bench system to a bathtub, wherein the clamping device is mechanically fastened to the bathtub (it clamps to the bathtub); and
a bench (2) configured for facilitating mounting and dismounting actions performed by the user, wherein the bench is mechanically coupled (16/26) to the clamping device.
Regarding claim 7, Mace discloses that the mechanical fastening of the clamping device with the bathtub is based on a clamping face plate (28/32).
Regarding claims 8 and 10, Mace discloses that the bench can be provided with a detachable seat cushion for user comfort (C2 L1-8).
Regarding claim 11, Mace discloses that the transfer bench is configured to be sat on (C2 L57-66).
Regarding claim 12, Mace discloses that the clamping device comprises a plurality of clamping devices each mechanically fastened to the bathtub (Fig. 3 – two separate clamping devices 24).
Regarding claim 15, Mace discloses that the mechanical fastening of the clamping device with the bathtub is based on a clamping face plate (28/32) which is provided with a material lining (30/36) configured to protect the bathtub from damage during use.
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.
Claims 3 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Chien in view of JP 2014210210 (Nonaka).
Regarding claim 3, Chien discloses a transfer bench system comprising a clamping device mechanically coupled to a support structure in the form of a bench as previously discussed but doesn’t disclose the provision of hand grips on the clamping device for user support.
Nonaka teaches a transfer system (Fig. 1) for a bathtub comprising a clamping device (3/4/5/6/8/9) configured to mechanically couple to a bathtub (1) and mechanically couple to and support a support (2/25/26) for assisting with entering and exiting the bathtub. Nonaka further teaches the provision of handgrips (64) on the clamping device to provide extra support to a user getting into or out of the bathtub.
It would have been obvious to one of ordinary skill in the art to provide handgrips on the clamping device, as taught by Nonaka, so as to provide further support to a user entering/exiting the bath and/or sitting into/rising from the bath.
Regarding claim 19, Chien discloses a user-transfer bench system comprising:
a clamping device (4) configured for securing the user-transfer bench system to a bathtub, wherein the clamping device is mechanically fastened to the bathtub (it clamps to the bathtub); and
a bench (1) configured for facilitating mounting and dismounting actions performed by the user, wherein the bench is mechanically coupled (2) to the clamping device.
Chien, however, doesn’t disclose the provision of hand grips on the clamping device for user support.
Nonaka teaches a transfer system (Fig. 1) for a bathtub comprising a clamping device (3/4/5/6/8/9) configured to mechanically couple to a bathtub (1) and mechanically couple to and support a support (2/25/26) for assisting with entering and exiting the bathtub. Nonaka further teaches the provision of handgrips (64) on the clamping device to provide extra support to a user getting into or out of the bathtub.
It would have been obvious to one of ordinary skill in the art to provide a handgrip on the clamping device, as taught by Nonaka, so as to provide further support to a user entering/exiting the bath and/or sitting into/rising from the bath.
Claims 8, 10 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Chien in view of Mace.
Regarding claims 8 and 10, Chien discloses that the provision of a bench as previously discussed but does not disclose a detachable seat cushion.
Mace teaches a user-transfer bench system comprising a clamping device (24) configured for securing the user-transfer bench system to a bathtub and coupled to a bench (2) configured for facilitating mounting and dismounting actions performed by the user. Mace further teaches that the bench can be provided with a detachable seat cushion for user comfort (C2 L1-8).
It would have been obvious to one of ordinary skill in the art to provide a detachable seat cushion for the bench, as taught by Mace, so as to provide additional cushioning for user comfort while also facilitating its removal based on user preference and/or for cleaning/replacement.
Regarding claim 15, Chien states that the clamping device comprises a clamping face plate (43/44) but does not discuss whether it is provided with a protective material lining.
Mace teaches a transfer bench system (2) for use with a bathtub comprising a bench (40) coupled to the bathtub by a clamping device (24) comprising a clamping face plate (28/32) which is provided with a protective material lining (30/36) configured to protect the bathtub surface from damage (C2 L31-41).
It would have been obvious to one of ordinary skill in the art to provide the clamping face plate with a protective material lining, as taught by Mace, so as to prevent damage to the bathtub during use.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Chien in view of US 5,615,422 (Gravel).
Regarding claim 12, Chien discloses the invention as claimed except for the use of a plurality of clamping devices fastened to the bathtub.
Gravel teaches a user transfer bench system for a bathtub (Figs. 1-5) comprising a bench (12) mechanically coupled by a pivot pin (shaft of the bench - 12a/150/330a) to a clamping device wherein the clamping device can be provided as a plurality of clamping devices (Figs. 2-4; 114/116/118/120;218/219/220/221;314/316/318/320) or as a singular clamping device (410b/410c; Fig. 5).
It would have been obvious to one of ordinary skill in the art to utilize a plurality of clamping devices instead of a singular clamping device, as taught by Gravel, depending upon the size of the bench being supported and/or the desired dispersal of force required for securing the bench for installation as well as during use.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Mace in view of US 5,903,935 (Huelke).
Mace discloses that the bench (2) engages with the bathtub through engagement members (10) but does not disclose if the engagement members are one or more suction cups.
Huelke teaches a user transfer system (10) for a bathtub comprising a bench (34/70) which engages the bathtub through an engagement member (24) which can alternately be a resilient material of suction cups (C4 L50-52).
It would have been obvious to one of ordinary skill in the art to utilize suction cups as a bathtub engagement member for the bench, as taught by Huelke, so as to provide a more secure connection which can be formed or broken without additional tools or damaging the bathtub.
Claim 19 is rejected in the alternate under 35 U.S.C. 103 as being unpatentable over Mace in view of US 2,131,214 (Bentz)
Regarding claim 19, Mace discloses a transfer bench system comprising a clamping device mechanically coupled to a support structure in the form of a bench as previously discussed but doesn’t disclose the provision of a handgrip on the clamping device for user support.
Bentz teaches a user transfer bench for use with a bathtub comprising a clamping device (12a) and a bench (14a) wherein a handgrip (13a) is further provided on the clamping device to provides support to a user.
It would have been obvious to one of ordinary skill in the art to provide a handgrip on the clamping device, as taught by Bentz, so as to provide further support to a user entering/exiting the bath and/or sitting into/rising from the bath.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
GB 190920956 (Bewick) teaches a user transfer bench system comprising a plurality of clamping devices supporting a transfer bench.
US D252239 (Smith) is a user transfer bench system comprising hand grips and a clamping device.
US 2011/0308005 (Smith) teaches a user transfer system comprising a bench coupled to a clamping device through a swivel connection.
US 2,756,439 (Bollen) is a bathtub accessory attached to the bathtub by a plurality of clamping devices through swivel connections.
US 2,765,475 (Nolan) is a bathtub accessory comprising a bench supported by a pair of clamping devices through swivel connections.
US 5,621,927 (Reiss) teaches a bathtub accessory attached to the bathtub through a clamping device and a pivot pin based swiveling connection.
US 11,622,654 (Smith) teaches a rotating shower bench coupled to the bathtub with a clamping device and provided with a handgrip.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICHOLAS A ROS whose telephone number is (571)270-3577. The examiner can normally be reached Mon.-Fri. 9:00-6:00.
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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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/NICHOLAS A ROS/Examiner, Art Unit 3754
/DAVID P ANGWIN/Supervisory Patent Examiner, Art Unit 3754