DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-5 and 7-19 and 21 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claim 1, the amendment filed 5/06/2026 introduces new matter into the disclosure. The added material which is not supported by the original disclosure is as follows: "assessing the received information relating to the swimming pool together with at least historical energy consumption for the first location, and 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 based on the assessment". The Examiner couldn't find any support throughout the specification for such amendment and therefore is considered new matter. The disclosure doesn’t mention that “a future trend in performance of equipment for the swimming pool or future water quality issue” is determined based on the assessment which includes “information relating to the swimming pool” and “historical energy consumption”. Paragraph [0008] as published discloses: "Users also may be furnished energy-usage information and tips for decreasing usage.” Nevertheless this does not equate to the claimed language.
Applicant is required to cancel the new matter in the reply to this Office Action.
Regarding claims 7 and 14, these claim similar limitations as per claim 1 and are rejected in the same manner.
Regarding claims 2-5, 8-13, 15-18 and 19-21 are dependent from, and inherit the limitations of claims 1, 7 and 14 respectively. Thus, claims 2-5, 8-13, 15-18 and 19-21 are rejected under 35 USC 112 first paragraph for at least the same reasons specified above with respect to claim 1.
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 any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument (see above).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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
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