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                           COMMISSIONER'S DECISION

 

OBVIOUSNESS: Improvements in steam saunas

 

The sauna comprises a water tank section with a heater means, and a steam

section. The improvement is directed to a sealing means between the two

sections. The Final Action was withdrawn and the application returned to

the examiner because the most pertinent art was not searched.

 

Final Action: Withdrawn

 

             *********************

 

This decision deals with a request for review by the Commissioner of

Patents of the Examiner's Final Action dated January 4, 1978, on applica-

tion 263529 (Class 309-35). The application was filed on October 15, 1976,

in the name of Maurice C. Allen, and is entitled "Portable Steam Sauna."

The Patent Appeal Board conducted a Hearing on May 24, 1978, at which

Mr. D.S. Johnson represented the applicant.

 

The application is directed to improvements in steam saunas. It comprises

a water tank with heater means having two sections which are releasably

secured to one another. The improvement is stated as a new and improved

sealing arrangement 23 situated between the two sections. Figure 1 below

shows that arrangement.

 

                           (See formula 1)

 

   In the Final Action the examiner refused the application in view of the

   following Canadian patents:

 

   572,227              March 17, 1959                Prain

   653,897              December 11, 1962             Jepson et al

   606,030              September 26, 1960            Tavender et al

 

  The patent to Prain is directed to a portable steam heater having a boiler

   equipped with an electrical resistance heater which is submerged in and

   heats water filling the boiler up to the level of a filler opening. The

   upper portion of the boiler constitutes a steam chamber and has an outlet

   leading to a service conduit. Figure 1 below illustrates that invention:

 

                           (See formula 1)

 

Jepson was cited to show the use of a silicone sealing gasket seated in a

   recess in a control chamber of a cooking vessel.

 

   Tavender provides a steam generator with upper and lower body portions which

   are releasably secured to each other by means of the gasketted flanges and

   retaining bolts.

 

   In the Final Action the examiner had, inter alia, this to say:

 

   Applicant's device is a mere arrangement of well known compon-

   ents the use of which are quite obvious. No new or startling

   result has been produced nor has any inventive ingenuity been

   displayed. While the arrangement of components may differ from

   the prior art devices, no unknown or unusual result has been

   defined beyond that which is quite ordinary and obvious to a

   skilled mechanic. As a tool useful in the generation of steam,

   it may have design appeal, but it lacks the attributes required

   to render it inventive, the main attribute required being

   inventive ingenuity.

 

Turning now to applicant's arguments presented in his letter

of October 6, 1977, it is noted that applicant has suggested

that the cited art represents a mosaic of references from

widely divergent arts. However, it should be quite obvious that

just as his device basically represents a steam generator so too

do those of Prain and Tavender. Applicant's hollow tube for

steam release has its counterpart in both cited references and

could easily be adapted for use as a sauna or for any other

application requiring steam. Insofar as the float arrangement is

concerned, as pointed out, float devices as used in applicant's

water storage section to open and close a valve to control the

water level, are universally found, one such in common use being

used to control the water level in a toilet tank. Given such

common knowledge, it would take a person with little skill to

adapt the electrical current interrupting float of Prain for use

as a water valve float such as envisioned by applicant.

 

Insofar as the sealing arrangement cited in the patent issued to

Jepson is concerned, while the apparatus is directed toward a

cooking vessel, the seal is a mechanical device which could

be adapted for use in a wide variety of applications and its

use in combination with a sauna does not render the sauna inventive.

Applicant's contention that the Jepson sealing arrangement is less

critical than his, as regards heat and steam conditions, is

irrelevant. Jepson, as does applicant, specifies the use of a

silicone material for the sealing gasket. Both the single groove

construction of Jepson and the double opposite-matching groove of

applicant depend for their sealing qualities on adequate compression

of the sealing gasket and in both cases, the metal-to-metal contact

of the flanges serve to isolate the gaskets. Obviously, heat and

steam conditions would dictate the gasket material used.

 

Applicant's remarks regarding the use of the grooves and sealing

member as a locating means in assembling the sauna tank sections,

have been noted. However, no such attributes have been discussed

in the disclosure. Further, the use of an over-sized pliable neoprene

or rubber O-ring provides a very imprecise locating device.

Rather, applicant's locating means is provided by his bolting

arrangement whereby the upper and lower sections are secured.

 

Applicant in his portable steam sauna has merely and solely

added or adapted without invention, old and similar contrivances

of the prior art to such a sauna. No inventive ingenuity has

been displayed, without which even the adaptation of an old con-

trivance to a new purpose is not invention. It has long been

known that "small variations from, or slight modifications of,

current standards of construction in an old art, rarely are

indicative of invention; they are obvious improvements resulting

from experiences and the changing requirements of users".

 

In response to the Final Action the applicant stated (in part):

 

Firstly, new and unexpected results have been provided by the

arrangement according to the present claimed invention. The

inventor, unlike previous attempts, has been able to provide a

portable steam sauna which can be readily disassembled and

easily reassembled such that a good sealing arrangement is

obtained without necessitating the use of a new sealing gasket

after each disassembly. The obtaining of a good seal and

 the requirement of new gaskets after disassembly, has been a

very real problem in the past. As can be appreciated, portable

steam saunas require frequent maintenance as a result of

component failure and the build up of minerals in the steam

cavity during the production of steam. Therefore, the ease

of assembling the present invention and the fact that it can

be assembled to obtain a proper seal without requiring a new

sealing member each time, must be considered an unexpected

advance in the art. If the results produced by the present in-

vention were not unexpected, Applicant cannot understand why they

were not produced sooner. Applicant also respectfully

traverses the Examiner's position with respect to the use of

the Jepson sealing arrangement on a portable steam sauna. Firstly,

this reference relates to a frying pan and as such, is

completely distinct from the portable steam sauna art, so

that there is no reason that one skilled in the sauna art would

be aware of this sealing arrangement, and as has been argued,

it is Applicant's understanding that the Examiner would only be

permitted to use Canadian Patent 653,897 in combination with the

other references on the basis that it represents common general

knowledge to one skilled in the art.

 

In addition to the above arguments, the sealing arrangement of

the present claimed invention is completely distinct from that taught

in the Jepson Patent. Jepson uses a sealing cover to enclose a

control chamber housing the terminals of the heating element. It

is Applicant's contention that once the control chamber is enclosed,

there is very little likelihood that it would be reopened during the

life of the frying pan. This is again inconsistent to the present

claimed invention, which as mentioned above, requires maintenance.

Applicant has earlier argued the fact that Jepson does not teach a

double groove for seating the sealing gasket. Furthermore, it

is not apparent from the drawings, nor is it discussed in the

disclosure that Jepson uses an O ring. According to the present

claimed invention, the provision of the O ring in the double groove,

provides a much greater sealing surface than that of the reference,

which is required according to the present claimed invention, because

of the high pressure conditions to which it is subject. Jepson

is only subject to atmospheric pressure.

 

The consideration before the Board is whether or not an invention has been

described in the application as filed.

 

At the Hearing Mr. Johnson argued strongly that indeed an invention is described

in the specification and defined in the claims. He particularly stressed the

sealing arrangement calling it "the critical feature." He also advised the

Board that the product is having substantial commercial success in the market place.

 

Our first consideration will be what is the alleged invention described in

the disclosure and illustrated in the drawings. This is a first and a must

for any examination of an application. The applicant states that: "This

invention relates to a portable steam sauna provided with a novel and improved

sealing arrangement." The background of the invention is stated as follows

(page 1 of the disclosure):

 

Presently existing portable steam saunas include a water tank having

a plurality of sections housing the internal elements of the sauna.

In order to perform any maintenance work on the internal elements,

the two sections must be separable from one another and must be sealed

at the point of separation.

 

In the past it has been very difficult to reseal these sections with

respect to one another after the initial seal has been broken. The

sealing member which is usually constructed from gasket material

is either damaged during separation of the sections or improperly

aligned along the edges of the sections when resecuring the sections

to one another so that a proper seal is not obtained. Both of the

above situations undesirably result in the escape of water and steam

from the water tank at the improperly or non-sealed area between the

sections.

 

To further complicate the situation, present portable steam saunas

are provided with sealing members which have a very limited life be-

cause they are continuously exposed to the steam and extreme temperatures

within the water tank causing deterioration and break-down of the

sealing members.

 

The objects of the alleged invention are clearly stated (page 1 of the disclosure):

 

It is therefore an object of the present invention to provide a

portable steam sauna having a novel and improved sealing arrangement.

 

It is another object of the present invention to provide a portable

steam sauna having a sealing member which is isolated from steam

within the steam cavity.

 

It is yet a further object of the present invention to provide a

portable steam sauna having a barrier between the seal and the steam

within the cavity to essentially isolate the sealing member from

the cavity.

 

It is succinctly clear from this and other major parts of the disclosure that

the alleged invention is directed to an improved steam sauna, wherein the

improvement lies in "a novel and improved sealing arrangement." In other

words we are not concerned with a basically new idea or concept in saunas, but

with what might be broadly termed an improved combination.

 

The only reference which is concerned with sealing arrangements is the

patent to Jepson. Here however, a seal is shown in a frying pan as a means

to prevent water from entering a control chamber when the pan is immersed

in water. We do not believe that this teaching would in any way help to

solve the problem facing the applicant in a high pressure steam chamber.

 

On the other hand, as was mentioned by the Board at the Hearing, Class 65

subclasses 21, 22 and 23, "Pressure Steam cooking vessels" is replete with

steam sealing arrangements of many various designs. The problems in the

"pressure steam vessels art" is substantially the same as that which was

facing the present applicant in his endeavour to find a better sealing

arrangement. It is understood, however, that this class was not searched.

 

Under such circumstances we believe that the rejection in the Final Action

should be withdrawn, and the application returned to the examiner with

direction to consider the pertinent class of art referred to above.

 

   J.F. Hughes

Assistant Chairman

Patent Appeal Board, Canada

 

I have reviewed the prosecution of this application and considered the

recommendation of the Patent Appeal Board. Accordingly, I withdraw the

Final Action and return the application to the examiner for resumption of

prosecution.

 

J.H.A. Gariepy

Commissioner of Patents

 

Dated at Hull, Quebec

this 5th. day of June, 1978

 

Agent for Applicant

 

D.S. Johnson

133 Richmond St. W.

Toronto, Ont.

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.