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 .
DETAILED ACTION
Priority
Acknowledgment is made of applicant's claim for domestic benefit based on
provisional applications 62286272, 62862982, 62310510, 62381903, 62412504,
62414545 where the first application ('272) was filed on January 22, 2016.
DETAILED ACTION
Claims 1 - 23 are pending in the application.
Claims 1, 18 and 21 are independent.
Claims 1 – 23 were subject to an election/restriction requirement filed on
3/11/2025.
Non-elected claims 18 – 23 are withdrawn and not considered in this office action.
This action is Final based on the same 35 U.S.C. §103 prior art reference(s)
that was/were not necessitated by the applicant' s amendment; see MPEP
§706.07(a).
Given the amended specification, the objection is rescinded.
Given the argument, the 35 USC 112(b) rejection is rescinded.
CLAIM INTERPRETATION
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim 1 limitations invokes 35 U.S.C. 112(f) because it uses generic placeholders, such as "connectivity module," and “hub” coupled with functional language " configured to transmit one or more of the operational parameters of a pool or spa device to the hub," and “configured to transmit the one or more operational parameters of the pool or spa device to a cloud-based pool or spa controller;” respectively, that are not modified by sufficient structure, material, or acts for performing the claimed function. However, the written description of the specification implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function. A review of the specification shows that the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112(f) limitation: Paragraph 0116 states that: “FIG. 11 is a diagram illustrating another embodiment of the system, indicated generally at 410. In this embodiment, remote connectivity is provided by way of a plurality of connectivity modules 430a-430e. Each of these modules could include a combination of high and/or low voltage relays for connection to various pool and spa equipment, such as valve actuators 414e, a single speed pump 413, a variable speed pump 414a, pool/spa lighting systems 414h, pool/spa heating system 414b, and/or pool/spa chlorination system 414C. Connectivity could be provided to the pool/spa equipment additionally using WiFi, Bluetooth, or RF mesh (e.g., ZWave, Zigbee, Thread, Weave, etc.) connectivity.”
For the “hub” there are 188 instances of “hub” in the specification and defines
Hub as items 230, 646, 860, 4646, and 7122 in the drawings.
Applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181; or
(c) Amend the claim(s) so that it/they will clearly not invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, or present a sufficient showing that the claim recites/recite sufficient structure, material, or acts for performing the claimed function to preclude application of 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
For more information, see MPEP § 2173 et seq. and Supplementary Examination
Guidelines for Determining Compliance With 35 U.S.C. 112 and for Treatment of
Related Issues in Patent Applications, 76 FR 7162, 7167 (Feb. 9, 2011).
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 1, 2, and 8 - 15 are rejected under 35 U.S.C. 103 as being unpatentable over Khalid et al. (US PG Pub. No. 20170170979), herein "Khalid,” in view of David GIMENEZ Pallares et al. (US PG Pub. No. 20170285602), herein “Pallares – continuation of and fully supported by PCT/EP2014/079281, filed on December 23, 2014.
Regarding claim 1,
Khalid teaches a system for monitoring and controlling pool or spa equipment, comprising: (monitoring and control process for a variable speed pump. See Par. 0002 – 0004 and 0113.)
a connectivity module (wireless adapter 106) operatively coupled to a pool or spa device (Par. 0010: “…residential devices such as residential pumps, pump controllers, heating systems, and pool accessories, as well as other residential devices.”) controller (Par. 0062: “residential water pump controllers”) and having a wireless communication interface; (Par. 0011: “…and a wireless adapter connected to the serial communication port of the residential device, the wireless adapter comprising: a gateway node; a transceiver;…”)
and a hub (router/modem 108 and/or gateway 110, Figure 1) having a network communication system configured to communicate with the connectivity module via the wireless communication interface; (Par. 0065: “The router/modem 108 can be a standard, off-the shelf router and/or modem used for connecting to the Internet. The router/modem 108 can receive the data from the wireless adapter 106 via the wireless gateway receiver 110 and then provide the data to a cloud based server 112 via the Internet.”)
wherein the connectivity module is configured to transmit one or more of the operational parameters of a pool or spa device to the hub; (Par. 0077: “…the wireless adapter 106 can send all parameters associated with the residential device 302 to the wireless gateway 110, which the wireless gateway 110…”)
wherein the hub is configured to transmit the one or more operational parameters of the pool or spa device to a cloud-based pool or spa controller; (Par. 0077: “the wireless adapter 106 can send all parameters associated with the residential device 302 to the wireless gateway 110, which the wireless gateway 110 can then transmit to the cloud based server 112 at process block 416.” Claim 8: “…in response to determining that the connection established with the wireless gateway device is the first connection established with the wireless gateway device, transmitting all parameters associated with the residential device to the remote server via the wireless gateway.”)
wherein the cloud-based pool or spa controller transmits the one or more operational parameters of the pool or spa device to a mobile device; (user device) (Par. 0093: “The cloud based server 908 can be in communication with one or more user devices 912.” Par. 0112: “In some embodiments, the cloud based server 1408 can push an alert message to a user device 1412 when one or more of the parameters change. In one embodiment, the cloud based server 1408 can push an alert message to a user's internet connected device 1412 using methods discussed above. The alert message can inform the user that the parameter has changed and can, in some examples, display the changed parameter in the alert message.” Par. 0094, 0095 – (operational status), 0117; 0113 and 0136 – types of parameters from variable speed pump; Figures 1 and 9.)
wherein the mobile device receives input from a user and transmits the input to the cloud- based pool or spa controller via the communications network; (Par. 0129: “…the user can access the variable speed pump controller 1402 by transmitting a request to the cloud based server 1408. The cloud based server 1408 can then relay the request to the wireless adapter 1404 which can provide access to the variable speed pump controller 1402.” Par. 0116, See full paragraph 0129. Par. 0160: “…the user can select which parameters specifically are to be uploaded to the cloud based server 3108.”)
Khalid does not teach that the server or cloud based device controls the pool or spa device based on user input and data from the pool or spa device. However, Pallares teaches wherein the cloud-based pool or spa controller (remote server 250) processes the one or more operational parameters of the pool or spa device and the user input, (Par. 0097: “The configuration of FIG. 2 may also permit performing operation and configuration functionalities remotely from the user device 260 through corresponding services provided by the server 250. The server 250 may comprise software providing general operation and configuration functionalities that may remotely access the descriptor files and process them in order to resolve aspects which are exclusive for the water installation devices 214, as described in detail in other parts of the description. For example, this software may remotely execute instructions of the descriptor files and interchange data resulting from said execution(s) with the water installation controlling apparatus 240 in order to resolve the necessary aspects which depend on each particular water installation device. This remote software may also be configured to execute interface instructions of the descriptor files for displaying necessary data related to the operation and configuration of the water installation devices 214.”) determines a setpoint for the pool or spa device based on the one or more operational parameters of the pool or spa device and the user input, and transmits the setpoint to the pool or spa device via the hub and the connectivity module. (Par. 0063: “The water installation controlling apparatus 100 may be configured to receive controlling instructions from the remote server and through the SSL tunnel to control the water installation or the devices connected to the water installation.” Par. 0015, 0016, 0020, 0034, 0091, 0100, 0110 – 0114; and figure 2)
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have combined the system that controls a pool pump that has a hub (router) and connects a cloud server to the system and a mobile user device as in Khalid with a remote server on a network that access a descriptor file that information from both a user and a pool device (water installation device) and outputs control instructions to the pool device as in Pallares in order to allow a remote server control a watering device such as a pump through the use of descriptor files that can be optimized for the controlled apparatus. (Par. 0025).
Regarding claim 2,
The previously cited references teach the limitations of claim 1 which claim 2 depends. Khalid also teaches that the wireless communication interface of the hub is a mesh, Bluetooth, Wi-Fi, ZWave, Zigbee, Thread, or Weave communication interface. (Par. 0064: “The wireless adapter 106 can communicate with the router/modem 108 using the wireless gateway receiver 110. In one embodiment, a link to the wireless gateway link 110 can be a wireless connection 116, such as an RF connection. In one embodiment, the wireless adapter 106 can communicate to the wireless gateway receiver 110 using a 900 MHz connection. Alternatively, the wireless adapter 106 can communicate with the wireless gateway receiver 110 using other wireless communication protocols, such as Wi-FI (802.llx), Bluetooth, Cellular RF (3G, 4G, LTE, etc.), Zigbee Pro, ENOCEAN, WIBUTLER, AFRISO or other suitable wireless communication protocols.” Par. 0074)
Regarding claim 8,
The previously cited references teach the limitations of claim 1 which claim 8 depends. Khalid also teaches that one or more additional pool or spa devices. (Khalid Par. 0159: “Further, the automated aquatic device controller 2202 can be coupled to one or more aquatic devices (not shown).” )
Regarding claim 9,
The previously cited references teach the limitations of claim 8 which claim 9 depends. Khalid also teaches that wherein each additional pool or spa device includes a controller operatively coupled to a connectivity module. (Khalid Par. 0159: “Further, the automated aquatic device controller 2202 can be coupled to one or more aquatic devices (not shown).” Examiner’s Note – Claims 8 and 9 may also be rejected under MPEP §2144.04(VI)(B) Duplication of Parts wherein the court in In reHarza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960) stated that “mere duplication of parts has no patentable significance unless a new and unexpected result is produced.” )
Regarding claim 10,
The previously cited references teach the limitations of claim 1 which claim 10 depends. Pallares also teaches that the cloud-based pool or spa controller processes the operational parameters of the pool or spa device, determines setpoint for a second pool or spa device, and transmits the setpoint to the second pool or spa device. (Par. 0099: “Alternatively, the server 250 may be exclusively dedicated to the operation and configuration of the water installation devices 214, and a further server (not shown in FIG. 2) may be exclusively dedicated to the updating of descriptor files. This approach based on two servers may provide better performance because, for example, the risk of overloading separated servers executing separated processes is lower than the risk of overloading a single server executing all the processes. This approach based on two servers may also provide better security because, for example, the risk of simultaneous security violation in separate servers is lower than the risk of security violation in a single server.” Par. 0051: “In this sense, suitable operation instructions can be comprised in the corresponding descriptor file for e.g. verifying if a register of the device contains a particular value, putting a specific value in a register of the device to cause a desired behavior, etc.” Par. 0097, 0100, 0102, 0127, 0140.)
Regarding claim 11,
The previously cited references teach the limitations of claim 1 which claim 11 depends. Pallares also teaches that the cloud-based pool or spa controller processes operational parameters from each of the additional pool or spa devices and input from the mobile device, determines a setpoint for each of the additional pool or spa devices, and transmits the setpoints to each of the respective additional pool or spa devices. (Par. 0097: “The configuration of FIG. 2 may also permit performing operation and configuration functionalities remotely from the user device 260 through corresponding services provided by the server 250. The server 250 may comprise software providing general operation and configuration functionalities that may remotely access the descriptor files and process them in order to resolve aspects which are exclusive for the water installation devices 214, as described in detail in other parts of the description. For example, this software may remotely execute instructions of the descriptor files and interchange data resulting from said execution(s) with the water installation controlling apparatus 240 in order to resolve the necessary aspects which depend on each particular water installation device. This remote software may also be configured to execute interface instructions of the descriptor files for displaying necessary data related to the operation and configuration of the water installation devices 214.” Par. 0063: “The water installation controlling apparatus 100 may be configured to receive controlling instructions from the remote server and through the SSL tunnel to control the water installation or the devices connected to the water installation.” Par. 0020, 0034, 0091, 0100, 0110 – 0114; and figure 2)
Regarding claim 12,
The previously cited references teach the limitations of claim 1 which claim 12 depends. Khalid also teaches that the hub receives information from one or more sensors, and transmits the information from the one or more sensors to the cloud-based pool or spa controller. (Par. 0194: “FIG. 42 illustrates an exemplary residential heating device control system 4200. An automated residential heating device controller 4202, as discussed above, can be in communication with a wireless adapter 4204 via communication line 4206. In one embodiment, the wireless adapter 4204 can be a wireless adapter as discussed above. The wireless adapter 4204 can communicate with a cloud based server 4208 via a wireless gateway 4210 using a wireless connection 4216. In one embodiment, the wireless gateway 4210 communicates with the cloud based server via an internet connection. In some embodiments, the wireless gateway 4210 can connected to the Internet via a router and/or modem. The cloud based server 4208 can be in communication with one or more user devices 4212. Further, the automated residential heating device controller 4202 can be coupled to one or more heating devices 4214.” Par. 0115, 0138, and 0200 (sensor information); and 0201.)
Regarding claim 13,
The previously cited references teach the limitations of claim 12 which claim 13 depends. Khalid also teaches that the cloud-based pool or spa controller processes the operational parameters of the pool or spa device and the information from the one or more sensors, determines setpoint for the pool or spa device based on the operational parameters of the pool or spa device and the information from the one or more sensors, and transmits the setpoint to the pool or spa device. (Par. 0201: “Alternatively, the cloud based server 4208 can monitor the parameters associated with the automated residential heating device controller 4202.” Par. 0198: “…the cloud based server 4208 can instruct the automated residential heating device controller 4202 to shutdown the heating device 4214 via the wireless adapter 4204 at process block 4418.”)
Regarding claim 14,
The previously cited references teach the limitations of claim 1 which claim 14 depends. Pallares also teaches that the cloud-based pool or spa controller receives web data related to the pool or spa device. (Par. 0100: “The server 250 may provide access to a website of the manufacturer of the water installation devices 214, so that operation and configuration of the devices 214 may be performed through said website from the user device 260. In this sense, a descriptor file may refer to an implementation of a user interface and the server 250 may remotely process the descriptor and cause execution of said user interface as part of an overall process of operating and/or configuring the corresponding device 214. This user interface may be configured to be embedded in a webpage so that the user interface may be processed as an "integral" part of e.g. the manufacturer's website.”)
Regarding claim 15,
The previously cited references teach the limitations of claim 14 which claim 15 depends. Pallares also teaches that the cloud-based pool or spa controller processes the operational parameters of the pool or spa device and the web data, determines setpoint for the pool or spa device based on the operational parameters of the pool or spa device and the web data, and transmits the setpoint to the pool or spa device. (Par. 0100: “The server 250 may provide access to a website of the manufacturer of the water installation devices 214, so that operation and configuration of the devices 214 may be performed through said website from the user device 260. In this sense, a descriptor file may refer to an implementation of a user interface and the server 250 may remotely process the descriptor and cause execution of said user interface as part of an overall process of operating and/or configuring the corresponding device 214. This user interface may be configured to be embedded in a webpage so that the user interface may be processed as an "integral" part of e.g. the manufacturer's website.” See also Par. 0095.)
Claims 3 – 7 are rejected under 35 U.S.C. 103 as being unpatentable over Khalid in view of Pallares in further view of Pulliam et al. (US PG Pub. No. 20160210680), herein “Pulliam.”
Regarding claim 3,
The previously cited references teach the limitations of claim 1 which claim 3 depends. They do not teach communicating directly with the pool device using Bluetooth. However, Pulliam teaches that the mobile device is in direct wireless communication with the pool or spa device via the connectivity module. (Par. 0022: “System 100 includes home devices 116a-116m, where m represents any suitable number. System 100 may include any suitable number of home devices 116 executing any suitable operating system on any suitable platform. Home devices 116 may be located inside or near a user's home, office building, business, warehouse, vehicle, or any other location that allows for home devices 116 to communicate with user devices 102, analytics module 106, database 118, and/or recommendation module 120. In an embodiment, home devices 116 may include a security camera, a thermostat, a garage door indicator, a door lock indicator, an electrical usage monitor (e.g., a smart plug), a distributed or onsite generation monitor, a battery storage monitor, an electrical vehicle monitor, an HVAC monitor, a pool pump controller, a contact sensor, a solar panel, a water leak sensor, or any other suitable device for use in system 100. In some embodiments, home devices 116 may execute any suitable operating system such as IBM's zSeries/Operating System (z/OS), MS-DOS, PC-DOS, MAC-OS, WINDOWS, UNIX, OpenVMS, or any other appropriate operating systems, including future operating systems. In some embodiments, home devices 116 may operate on any suitable platform such as Wi-Fi, Bluetooth, Zigbee, a cellular platform, any other suitable platform, or any combination of the preceding. While depicted as home devices, home devices 116 may represent any suitable device that consumes electricity in any suitable location.” Par. 0016: “…home devices (e.g., a security camera, thermostat, garage door opener, pool pump…”)
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have combined the system that controls a pool pump that has a hub (router) and connects a cloud server to the system and a mobile user device as in Khalid with a remote server on a network that access a descriptor file that information from both a user and a pool device (water installation device) and outputs control instructions to the pool device as in Pallares with having a user device be able to communicate with a home device via Bluetooth in order to have user device respond immediately to issues concerning the home devices. (Par. 0021).
Regarding claim 4,
The previously cited references teach the limitations of claim 3 which claim 4 depends. Pulliam also teaches that the mobile device wirelessly communicates with the connectivity module via a Bluetooth communication interface. (Par. 0022: “System 100 includes home devices 116a-116m, where m represents any suitable number. System 100 may include any suitable number of home devices 116 executing any suitable operating system on any suitable platform. Home devices 116 may be located inside or near a user's home, office building, business, warehouse, vehicle, or any other location that allows for home devices 116 to communicate with user devices 102, analytics module 106, database 118, and/or recommendation module 120. In an embodiment, home devices 116 may include a security camera, a thermostat, a garage door indicator, a door lock indicator, an electrical usage monitor (e.g., a smart plug), a distributed or onsite generation monitor, a battery storage monitor, an electrical vehicle monitor, an HVAC monitor, a pool pump controller, a contact sensor, a solar panel, a water leak sensor, or any other suitable device for use in system 100. In some embodiments, home devices 116 may execute any suitable operating system such as IBM's zSeries/Operating System (z/OS), MS-DOS, PC-DOS, MAC-OS, WINDOWS, UNIX, OpenVMS, or any other appropriate operating systems, including future operating systems. In some embodiments, home devices 116 may operate on any suitable platform such as Wi-Fi, Bluetooth, Zigbee, a cellular platform, any other suitable platform, or any combination of the preceding.”)
Regarding claim 5,
The previously cited references teach the limitations of claim 3 which claim 5 depends. Pallares also teaches that the mobile device transmits configuration parameters to the pool or spa device for configuring the pool or spa device. (Par. 0030: “Processing the one or more configuration instructions may comprise processing the one or more interface instructions in such a way that the configuration of the water installation device via the user interface is performed using said implementation of the user interface.” Par. 0016, 0022...)
Regarding claim 6,
The previously cited references teach the limitations of claim 5 which claim 6 depends. Pallares also teaches that the mobile device transmits control parameters to the pool or spa device for controlling the pool or spa device. (Par. 0033: “ Configurable parameters of a water installation device may be configured, either locally or remotely, by a user through a particular implementation of the user interface.” Par. 0022.)
Regarding claim 7,
The previously cited references teach the limitations of claim 6 which claim 7 depends. Pallares also teaches that the mobile device generates a user interface configured to receive the configuration parameters for configuring the pool or spa device or the control parameters for controlling the pool or spa device. (Par. 0033: “Configurable parameters of a water installation device may be configured, either locally or remotely, by a user through a particular implementation of the user interface. Normally, presentation of the user interface can be triggered from/by a main/central technological platform, such as e.g. a manufacturer's website.” Par. 0037: “The user interface to be used may be easily changed by simply replacing the current version of the descriptor file with a new release either containing or pointing to the new implementation of the user interface, which may be stored e.g. at the water installation controlling apparatus or at a sever connected with the water installation controlling apparatus.”)
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Khalid in view of Pallares in further view of Trafton et al. (US Patent No. 9,405,441), herein “Trafton.”
Regarding claim 16,
The previously cited references teach the limitations of claim 1 which claim 16 depends. They do not teach web date related to the physical location of the pool or spa device. However, Trafton teaches that the web data is related to a physical location of the pool or spa device. (Claim 9: “A system comprising: a web server; a database in communication with the web server; and a plurality of mobile communication devices in remote communication with the web server; wherein the web server is configured to host an interface that is accessible by the plurality of mobile communication devices, wherein the interface permits users of the plurality of mobile communication devices to input pool related data corresponding to chemical levels in a pool, wherein the web server is configured to store the pool related data in the database, wherein the interface is configured to permit the plurality of mobile communication devices to manually access the pool related data stored in the database, wherein the database includes pool related data for a plurality of pools, wherein the pool related data includes address information for the plurality of pools, wherein the system is configured to utilize the address information to integrate with a global positioning system of at least one of the plurality of mobile communication devices to automatically select a first pool of the plurality of pools, wherein a selection of the first pool is based upon a determination that a position of a user, as determined by the global positioning system of the at least one of the plurality of mobile communication devices, is in proximity to the first pool, wherein the selection of the first pool directs storage of the pool related data into a location of the database for the first pool.” Col. 1, lines 32 – 35: “Thus, internet solution for storing and retrieving chemical and operational data on swimming pools, hot-tubs, spa's, water parks and other swimming facilities would be well received in the art.”)
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have combined the system that controls a pool pump that has a hub (router) and connects a cloud server to the system and a mobile user device as in Khalid with a remote server on a network that access a descriptor file that information from both a user and a pool device (water installation device) and outputs control instructions to the pool device as in Pallares with accessing the web that is related to the physical location of a pool as in Trafton in order for a user to have information related to a pool or spa device accessible via a mobile device and not have to use pencil and paper. (Col. 1, lines 26 – 31 and Col. 3, lines 50 – 60)
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Khalid in view of Pallares in further view of Trafton in further view of Rodgers et al. (US PG Pub. No. 20050116814), herein “Rodgers.”
Regarding claim 17,
The previously cited references teach the limitations of claim 16 which claim 17 depends. They do not teach web date related to weather forecasting. However, Rodgers teaches that the web data includes one or more of a current ambient temperature, a forecasted ambient temperature, a current weather condition, a forecasted weather condition, and energy cost data. (Par. 0022: “Other electrical circuits that tend to be dedicated include environmental equipment such as air conditioning 160, clothing washers and dryers 162, heating, and audio-visual power circuits. Specialized outdoor circuits for swimming pool, yard lighting, and sprinkler systems can also be present in residential environments.” Par. 0065: “The Internet-connected web server 302 can communicate with weather forecasting services to protect against lightning damage and other weather-related occurrences.” Par. 0023: “The web server 302 conventionally includes a controller.”)
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have combined the system that controls a pool pump that has a hub (router) and connects a cloud server to the system and a mobile user device as in Khalid with a remote server on a network that access a descriptor file that information from both a user and a pool device (water installation device) and outputs control instructions to the pool device as in Pallares with accessing the web that is related to the physical location of a pool as in Trafton with having a web server that has a controller to control the pool or spa device where the web server can communicate with weather forecasting services as in Rodgers in order to forecast and offer a degree of electrical protection of the residential circuits. (Par. 0065)
Response to Arguments
The Examiner respectfully traverses applicant’s arguments. In the remarks, applicant argues that Pallares does not describe or suggest: “that the cloud-based pool or spa controller processes one or more operational parameters of the pool or spa device and user input from a mobile device…”
Pallares first teaches the meaning of descriptor file in Par. 0015: “wherein a descriptor file for a water installation device may be defined as a piece of software based on a code (i.e. instructions) written under a textual data format, i.e. a human-readable and machine-readable format. This piece of software may be seen as a descriptor of (i.e. as describing) how the device has to be operated by a water installation controlling apparatus and configured by a user (of the water installation).” Pallares then discloses in Par. 0016: “The water installation controlling apparatus may have a processor configured to execute general purpose software and to process the descriptor file in such a way that the device is operated (by the controlling apparatus) and configured (by a user) in the context of said software of more general purpose.” Thus, the descriptor file is a file that describes the way the device (such as a pool pump, Par. 0086, et al.) has to be operated and configured by a user. Cited paragraph 0097 states “The configuration of FIG. 2 may also permit performing operation and configuration functionalities remotely from the user device 260 through corresponding services provided by the server 250. The server 250 may comprise software providing general operation and configuration functionalities that may remotely access the descriptor files and process them in order to resolve aspects which are exclusive for the water installation devices 214, as described in detail in other parts of the description. For example, this software may remotely execute instructions of the descriptor files and interchange data resulting from said execution(s) with the water installation controlling apparatus 240 in order to resolve the necessary aspects which depend on each particular water installation device.” Par. 0091: “A user may use a user device 260 to connect to the remote server 250 and control the water installation 210. Paragraph 0093 states: “The user may interact in a form to control elements displayed on the user device that provoke the generation of control signals in the form of commands to the devices associated with the pool, spa or similar. Given paragraph 0097 and paragraphs 0091 and 0093 (that states the user can control the devices through the server), and in light of the definition of a descriptor file, it is clear that the remote server is able to receive user commands and process the configurations of the water devices to resolve aspects exclusive for the water installation devices. In the context of Pallares, the descriptor filed contains the operational parameters (“describing how the device has to be operated…” (Par. 0015)) and receives control signals from the user device. Thus, the server processes both user commands and the files that describe parameters of the water installation devices, and therefore teaches those elements under question in claim 1. Supporting paragraph 0063 also states that the water installation devices receive controlling instructions from the remote server. Even if Pallares does not explicitly state that the control instructions are determined immediately from operating parameters and signals from a user in combination, Pallares clearly teaches the claim limitations that disclose processing both operational parameters of the pool or spa device and user input. The rejection is maintained by the previous references and therefore this action is a final action.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Domenico Gelonese (US PG Pub. No. 20160223601) teaches an intelligent power manager (108) and a hub (100) and pool devices such as a pump (103). The intelligent power manager may be a connected to the system by an internet connection and take action with respect to power management of appliances (103).
Clifton (US PG Pub. No. 20150066228) teaches a building management system with multiple appliances that may include a pool pump ( Par. 0015). The system contains multiple control units (420 and 430) and central control device or hub (item 402)
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
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/CHAD G ERDMAN/Primary Examiner, Art Unit 2116