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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 3/13/2026 has been entered.
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) 11-14, 16-17, and 19 is/are rejected under 5 U.S.C. 103 as obvious over Xiao (CN 107911439 machine translation provided by Examiner) in view of Klein et al. (US 2021/0039025).
Regarding claim 11, Xiao teaches a method comprising providing a water treatment device; providing a portable electronic device (smartphone) including: a programmable control unit, an optical reader and display screen; providing an app/user terminal on the portable electronic device having a programmable control interface; providing a filter cartridge for use in the water treatment device, wherein the filter cartridge comprises an identification code (QR code), which identifies the filter cartridge; displaying a programmable control interface on the screen of the portable electronic device; acquiring identification data of the cartridge as a function of the identification code by way of the optical reader of the portable electronic device; establishing an expected duration of the cartridge which represents an expected time period for reaching the depletion condition of the cartridge on the basis of predefined or previously imposed parameters; modifying one or more of the predefined or previously imposed parameters; establishing an effective duration of the cartridge on the basis of the modified parameters, the effective duration being representative of the effective time period expected for reaching the depletion condition of the cartridge on the basis of the parameters as modified; displaying, on the screen of the portable electronic device, the effective duration of the cartridge and/or a depletion date of the cartridge calculated on the basis of the parameters as modified and/or notifying the user of the depletion condition of the cartridge being reached ([0086]-[0087] and [0117]-[0127]).
It is noted that Xiao fails to teach an app as part of the user interface on a smartphone. It is submitted that the app would be a necessary portion to the smartphone as it controls what programs/interfaces are being used by the smartphone. It could be argued that the smartphone does not provide an app as claimed and some other means is provided for interaction with the smartphone. It would have been obvious to provide an app as claimed on the smartphone thereby providing a direct means to open and use the user interface in Xiao on a smartphone with a reasonable expectation of success in doing so.
Xiao teaches that parameters can be changed but fails to teach that the parameters are changed via an active action of the user on the app. Klein teaches when determining a predicted life of a filter, various parameters can be considered and warnings/life expectancy is predicted based on parameters and other data that is fed to they system, and/or the parameters can be actively changed by a user to provide the desired predictions based on the user preferences ([0070]-[0075]). As such, one skilled in the art would have found it obvious to provide a user with the means to input and change parameters to better meet the user’s preferences. It is noted that as Xiao teaches a smartphone interface, the changing/modifying would also occur on the smartphone interface/app, or it would have been obvious to use the established interface in order to allow for the user to change parameters based upon their preferences.
Regarding claim 12, Xiao teaches that a smartphone is used ([0086]-[0087]).
Regarding claim 13, Xiao teaches a QR code is used ([0087]).
Regarding claims 14 and 16, Xiao teaches that the filter life can be updated in real time based on filter usage and water quality information ([0119]).
Regarding claim 17, it is submitted that the flow rate and operation time of the filter are directed to frequency of use of the water treatment device ([0119]).
Regarding claim 19, Xiao teaches that the code is displayed on the water purifier body/filter cartridge ([0087])
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Xiao (CN 107911439 machine translation provided by Examiner) in view of Klein et al. (US 2021/0039025), and further in view of Dani et la. (US 2016/0167980).
Regarding claim 15, one skilled in the art would infer that parameters based on regional waters/water quality information that would affect filter life would be considered and commonly known variables in water would be chemical and hardness contents, but Xiao never explicitly states the variables for the parameters would include hardness, chlorine, heavy metals or specific other contaminants. Dani teaches that known variables that affect filter life and filter efficiency are flow rates, and concentrations of contaminants, such as chlorine ([0095] and [0140]). As such, one skilled in the art would have found it obvious to consider water properties/water quality information, such as chlorine concentration or hardness, of the fluid being treated in order to more accurately predict the expected life of the filter.
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Xiao (CN 107911439 machine translation provided by Examiner) in view of Klein et al. (US 2021/0039025), and further in view of Moretto (US 2010/0187168).
Regarding claim 18, Xiao teaches that the filter cartridges are used and replaced once the estimated lifetime is over. However, Xiao fails to teach the filter cartridges used are percolation type filter cartridges. Moretto teaches that common filter cartridges used to treat water are percolation type filter cartridges and the percolation type filter cartridges are removed and replaced at the end of the efficient working life of the cartridge (abstract and [0014]). As such, one skilled in the art would have found it obvious to apply the Xiao method to percolation type filter cartridges with a reasonable expectation of success as they are known water treatment cartridges that need to be replaced once the working life is deemed to be over and Xiao would allow for efficient monitoring of the working life of said percolation filter cartridges.
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Xiao (CN 107911439 machine translation provided by Examiner) in view of Klein et al. (US 2021/0039025), and further in view of Morita (US 2002/0034046).
Regarding claim 20, Xiao teaches that the filter cartridge has a code/QR code/bar code that is scanned but fails to teach a transparent main body/housing allowing the code to be visible and scanned when desired. Morita teaches that for various articles that have a scannable code, it is beneficial to provide a transparent portion as part of the housing/main body thereby allowing for reading of the code when an article is in the housed state thereby removing the need to remove said article whenever the code needs to be scanned ([0005]). As such, it would have been obvious to provide a transparent portion as part of the housing/main body in order to allow for scanning of the code on the filter body when the filter body is in the housed state.
Response to Arguments
Applicant's arguments filed 3/13/2026 have been fully considered but they are not persuasive. The above rejection has been modified to address the added claim limitations that parameters can be modified by the user on the app.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PETER KEYWORTH whose telephone number is (571)270-3479. The examiner can normally be reached 9-5 MT (11-7 ET).
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/PETER KEYWORTH/Primary Examiner, Art Unit 1777
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