DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Request for Continued Examination
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 1/09/2026 has been entered.
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.
Claims 1-5 and 7-19 and 21 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Duchamp et al. (US 2012/0158336 A1, hereinafter Duc) and further in view of Brumfield et al. (US 2010/0174419 A1, hereinafter Bru).
Regarding claim 1, Duc discloses a method of assessing information relating to a swimming pool located at a first location, comprising:
a. receiving, at a second location remote (i.e. remote server) from the first location, information relating to the swimming pool (see abstract);
b. assessing the received information together with current energy consumption for the first location (see para. 0060, 0066 and 0074); and
c. informing an owner, user, or servicer of the swimming pool of the assessment (see para. 0030 and 0035).
However, Duc fails to disclose assessing the received information together with at least historical energy consumption for the first location, wherein the assessing comprises determining at least one of a future trend in performance of equipment for the swimming pool or a future water quality issue for the swimming pool.
Bru discloses assessing received information together with at least historical energy consumption for multiple locations (see para. 0032). Bru also discloses wherein the assessing comprises determining at least one of a future trend (i.e. trends or patterns) in performance of equipment for the swimming pool or a future water quality issue for the swimming pool (see para. 0026, 0028 and 0031). The system utilizes trends or patterns to indicate energy usage over time of whatever equipment is being analyzed.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Duc’s invention to incorporate historical energy consumption data, wherein the assessing comprises determining at least one of a future trend in performance of equipment for the swimming pool or a future water quality issue for the swimming pool as taught by Bru for the benefit of projecting energy consumption at an outlet if aspects of the physical facility change (see Bru para. 0032).
Regarding claim 2, Duc in view of Bru discloses the method of claim 1, wherein the historical energy consumption comprises historical electricity consumption (see Bru para. 0020 and 0026).
Regarding claim 3, Duc in view of Bru discloses the method of claim 1, wherein the information relating to the swimming pool comprises equipment performance of equipment for the swimming pool (see Duc para. 0032 and 0055).
Regarding claim 4, Duc in view of Bru discloses the method of claim 1, wherein the information relating to the swimming pool comprises water characteristics of the swimming pool (see Duc abstract).
Regarding claim 5, Duc in view of Bru discloses the method of claim 1, further comprising assessing the received information together with at least on of historical temperature information for the first location or a weather forecast for the first location (see Duc para. 0028-0029 and 0065).
Regarding claim 7, Duc discloses a method of assessing information relating to a first swimming pool located at a first location, comprising:
a. receiving, at a second location remote from the first location, information relating to the first swimming pool (see abstract and para. 0015);
b. receiving, at the second location (i.e. remote server), information relating to a second swimming pool (see para. 0015-0016 and figure 1, elements 13 or 15 which are different swimming pools);
c. assessing the received information together with current energy consumption for the first location (see para. 0060, 0066 and 0074); and
d. informing an owner, user, or servicer of the first swimming pool of the assessment (see para. 0030 and 0035).
However, Duc fails to disclose assessing the received information together with at least historical energy consumption for the first location.
Bru discloses assessing received information together with at least historical energy consumption for multiple locations (see para. 0032). Bru also discloses wherein the assessing comprises determining at least one of a future trend (i.e. trends or patterns) in performance of equipment for the swimming pool or a future water quality issue for the swimming pool (see para. 0026, 0028 and 0031). The system utilizes trends or patterns to indicate energy usage over time of whatever equipment is being analyzed.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Duc’s invention to incorporate historical energy consumption data, wherein the assessing comprises determining at least one of a future trend in performance of equipment for the swimming pool or a future water quality issue for the swimming pool as taught by Bru for the benefit of projecting energy consumption at an outlet if aspects of the physical facility change (see Bru para. 0032).
Regarding claim 8, Duc in view of Bru discloses the method of claim 7, wherein the second swimming pool is an installation in a same region as the first swimming pool or the second swimming pool is a same type of swimming pool as the first swimming pool (see Duc para. 0016 and figure 1).
Regarding claim 9, Duc in view of Bru discloses the method of claim 7, wherein the historical energy consumption comprises historical electricity consumption (see Bru para. 0020 and 0026).
Regarding claim 10, Duc in view of Bru discloses the method of claim 7, wherein the information relating to the first swimming pool comprises equipment performance of equipment for the first swimming pool (see Duc para. 0032 and 0055).
Regarding claim 11, Duc in view of Bru discloses the method of claim 7, wherein the information relating to the first swimming pool comprises water characteristics of the first swimming pool (see Duc abstract).
Regarding claim 12, Duc in view of Bru discloses the method of claim 7, further comprising assessing the received information together with historical temperature information for the first location (see para. Duc 0028-0029 and 0065).
Regarding claim 13, Duc in view of Bru discloses the method of claim 7, further comprising assessing the received information together with a weather forecast for the first location (see Duc para. 0063 and claim 14).
Regarding claim 14, Duc discloses a method of assessing information relating to a swimming pool located at a first location, comprising:
a. receiving, at a second location remote from the first location, information relating to the swimming pool (see abstract);
b. assessing the received information together with current energy consumption for the first location (see para. 0060, 0066 and 0074); and
c. generating a control response based on the assessment (see para. 0024, 0038 and 0043).
However, Duc fails to disclose assessing the received information together with at least historical energy consumption for the first location.
Bru discloses assessing received information together with at least historical energy consumption for multiple locations (see para. 0032). Bru also discloses wherein the assessing comprises determining at least one of a future trend (i.e. trends or patterns) in performance of equipment for the swimming pool or a future water quality issue for the swimming pool (see para. 0026, 0028 and 0031). The system utilizes trends or patterns to indicate energy usage over time of whatever equipment is being analyzed.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Duc’s invention to incorporate historical energy consumption data, wherein the assessing comprises determining at least one of a future trend in performance of equipment for the swimming pool or a future water quality issue for the swimming pool as taught by Bru for the benefit of projecting energy consumption at an outlet if aspects of the physical facility change (see Bru para. 0032).
Regarding claim 15, Duc in view of Bru discloses the method of claim 14, wherein generating the control response comprises informing an owner, user, or servicer of the swimming pool of the assessment (see Duc para. 0024, 0038 and 0043).
Regarding claim 16, Duc in view of Bru discloses the method of claim 14, wherein generating the control response comprises controlling a parameter of the swimming pool based on the assessment (see Duc para. 0051, 0055 and 0056).
Regarding claim 17, Duc in view of Bru discloses the method of claim 16, wherein controlling the parameter comprises controlling operation of pool or spa equipment associated with the swimming pool (see Duc para. 0051, 0055 and 0056).
Regarding claim 18, Duc in view of Bru discloses the method of claim 14, wherein generating the control response comprises generating an alert (see Duc para. 0024, 0038 and 0043).
Regarding claim 19, Duc in view of Bru discloses the method of claim 1, wherein assessing the received information and at least the historical energy consumption comprises determining one or more options for decreasing energy usage (see Bru para. 0029).
Regarding claim 21, Duc in view of Bru discloses the method of claim 1, further comprising assessing the received information with the historical energy consumption and a current energy consumption for the first location (see Bru para. 0020 and 0045).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-5, 7-19 and 21 have been considered but are moot because the new ground of rejection does not rely on the prior rejection of record (i.e. 112 2nd paragraph rejection).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MANUEL A RIVERA VARGAS whose telephone number is (571)270-7870. The examiner can normally be reached M-F 9:00-6:00.
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/MANUEL A RIVERA VARGAS/Primary Examiner, Art Unit 2857