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 application 62/286272 filed on January 22, 2016.
DETAILED ACTION
Claims 1 - 23 are pending in the application.
Claim 1 is independent.
This action is Final based on the same prior art references that was not necessitated by any applicant’s amendment; see MPEP §706.07(a).
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 are rejected under 35 U.S.C. 103 as being unpatentable over Mayleben et al. (U.S. PG Pub. No. 20110110794), herein “Mayleben” in view of Steinbrueck et al. (PG Pub. No. 20090200245), herein “Steinbrueck” in further view of Grannersberger (US Patent No. 6,391,167), herein “Grannersberger.”
Regarding claim 1,
Mayleben teaches a method for monitoring and controlling equipment for a pool or a spa by a pool or spa pump assembly, (Par. 0009: “…it has been determined that a need exists for an improved sensor and method and apparatus for controlling a pump…”) comprising the steps of: providing a pool or spa pump assembly (Par. 0139: “…it should be understood that such a capacitor and sensor may be used in a variety of different applications and with a variety of different pieces of equipment including, but not limited to, dewatering, sewage, utility, pool and spa equipment…”)
capable of monitoring and controlling one or more pool or spa devices remote from the pump assembly, (Par. 0093: “In another embodiment illustrated in FIG. 17, the capacitive sensor may be used in a dual pump system 900, such as one having primary and backup pump systems 902, 904. The primary pump system 902 may include a first pump 906 acting as the primary pump, a liquid level sensor, such as a capacitive sensor 908 as described in detail above, and a wired or wireless transmitter for communication with a remote receiver 910 of the pump system 900.”)
the pump assembly including (i) a pump; (ii) a pump motor operatively coupled to the pump; (Par. 0080: “…sump pump system 110 includes a pump 112 powered by a motor 184…”)
(iii) a processor for monitoring operational parameters related to the pump assembly and for controlling the pump motor and the one or more remote pool or spa devices; (Par. 0060: “With reference to the block diagram provided in FIG. 3, the sump pump system 10 and, more particularly, the circuit board 42 includes a power supply 52, a capacitive sensor 54, a controller, such as microprocessor 58, an AC switch, such as solid state relay (SSR) 60, and signaling circuitry 70. The microprocessor 58 detects capacitance from the capacitive sensor 54 upon receipt of a signal delivered by the signaling circuitry 70, as will be described in more detail below. The microprocessor 58 then activates the pump 12 via the SSR 60 when the capacitance detected by the capacitive sensor 54 indicates that the liquid 34 in the reservoir 26 has reached the predetermined upper limit 30, as identified in FIGS. 1 and 2.” See also Par. 0061.)
and (iv) a network communication subsystem for communicating with the one or more remote pool or spa devices and for providing communication between the processor and the Internet, (Par. 0042: “FIG. 17 is a perspective view of a dual pump system with a primary pump system incorporating a sensor unit in accordance with the invention and a battery-powered back-up pump system; the dual pump system includes a wireless or wired alert system including a receiver for informing the user of the status of the system;” Par. 0092: “Typically, the hard wired systems use telephone cable 922 (see FIG. 17) for connecting the pump system to the display and the wireless systems use radio frequency transmitters and receivers. In alternate embodiments, however, other types of cable may be used to hard wire the alert system and other types of convention wireless transmission techniques can be used such as infrared, Bluetooth, etc. In yet other embodiments the wireless system may be connected to a network, such as a LAN or WAN network, so that alerts can be sent via a local area network such as a server or a wide area network such as the Internet.”)
the one or more pool or spa devices consisting of at least one of a heater, a sanitization system, a water feature, a cleaner, a light, a valve actuator, and a second pump assembly; (Par. 0020: “In other forms of the invention a self-cleaning pump or pump system is disclosed in which a stream of fluid is used to flush or clean any of the above mentioned…”)
establishing a network connection between the processor of the pump assembly and the one or more remote pool or spa devices; Par. 0042: “FIG. 17 is a perspective view of a dual pump system with a primary pump system incorporating a sensor unit in accordance with the invention and a battery-powered back-up pump system; the dual pump system includes a wireless or wired alert system including a receiver for informing the user of the status of the system;” See also Par. 0092 – 0094 and 0122.)
processing one or more of the operational parameters related to the pump assembly and the one or more remote pool or spa devices to determine if the pump assembly requires service; and (Mayleben Par. 0019: that teaches when a pump may need repair. “…the current sensor may be used to signal when a pump malfunction or repair or maintenance condition exists, such as a high current condition. The signaling may involve cycling on and off the pump via the pump control when a high current condition has been detected, in an effort to dislodge or breakup an obstruction or blockage hindering the operation of the pump.”)
Mayleben does not teach operating the pool pump based on another and remote pool or spa device. However, Steinbrueck does teach monitoring one or more operational parameters related to the one or more remote pool or spa devices (chemical feeder, item 24. Examiner’s Note – One having ordinary skill in the art would understand that adding chemicals, such as chlorine, to the pool water is a common way to sanitize and clean the pool water making it safe for swimming.) over the network connection; (Network 36, Par. 0026) controlling the pump based on the determination. (Par. 0017: “The water chemistry controller 12 is configured to control and actuate one or more chemical feeders 24. These chemical feeders 24 may include chlorine and/or bromine dispensers for dispensing chlorine, bromine and/or ozone, etc. into the pool or other body of water upon the actuation thereof. The water chemistry controller 12 controls the series of chemical feeders 24 using control signals 22 for actuating the feeders 24 only when certain conditions are met. The actuator control signals 22 are used to maintain water chemistry at desired set points. The actuator control signals 22 may have different forms. For example, the chemical feeders 24 may accept a 4-20 mA actuator signal.” Par. 0029: “The water chemistry controller 12 may also be programmed to control the operation of the water pumps 30 based on the current operation of the chemical feeders 24. For example, in a typical application, the water chemistry controller 12 may direct a water pump 30 controlling water circulation within an aquatic facility to a lower speed at night (resulting in a lower overall water circulation rate). During this mode, if the water chemistry controller 12 determines the need to add chemicals to the water, the water chemistry controller 12 may direct the water pump(s) to a higher or normal speed to allow the dispensed chemicals to disperse throughout the aquatic facility as quickly as possible. Alternatively, the water chemistry controller 12 may leave the pumps operating at a reduced speed and, instead, may automatically switch to a time-based-proportional mode for feeding chemicals. Thus, the water chemistry controller 12 may direct the chemical feeders 24 to feed only a fraction of every minute (wherein the fraction is determined by distance from set point), rather than continuously feeding until the set point is achieved. In this mode, the time-based-proportional parameters may be based on the current operation state of the water pump(s) in order to provide a more effective and/or efficient chemical dosing profile.”)
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 method of monitoring and controlling equipment for a pool as taught in Mayleben with controlling a pool pump based on the operational parameters of another pool or spa device that sanitizes or cleans pool water such as a chemical feeder as in Steinbrueck in order to in order to provide a more effective and/or efficient chemical dosing profile by balancing the pump speed and chemical feeder rate. (Par. 0029).
Mayleben and Steinbrueck does not teach that the other pool or spa device, such as a chemical feeder or chlorinator is remote from the pool or spa. However, Grannersberger does teach a remote pool or spa device (Col. 2, lines 23 – 25: “The chlorinator (1) can thus be located remote from the pool and no special protection of the electrical supply to the chlorinator need be made.”)
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 method of monitoring and controlling equipment for a pool as taught in Mayleben with controlling a pool pump based on the operational parameters both the pump and that of another pool or spa device that sanitizes or cleans pool water such as a chemical feeder as in Steinbrueck with having a system that has a remote chemical feeder (chlorinator) as in Grannersberger in order to have the chlorinator be electrical isolated and no special protection of the electrical supply to the chlorinator needs to be made. (Col. 2, lines 24 and 25).
Regarding claim 2,
Mayleben, Steinbrueck and Grannersberger teach the limitations of claim 1 which claim 2 depends. Mayleben also teaches that the step of controlling the one or more remote pool or spa devices based on the determination. (Par. 0019: “The pump control and system may also be configured with a current sensor that is used to detect when the pump is to be deactivated. In one form, the current sensor may simply monitor current and shutoff the pump when a predetermined current is detected…” “…In another form, the current sensor may be used to signal when a pump malfunction or repair or maintenance condition exists, such as a high current condition. The signaling may involve cycling on and off the pump via the pump control when a high current condition has been detected, in an effort to dislodge or breakup an obstruction or blockage hindering the operation of the pump.” Examiner’s Note – Mayleben teaches 23 instances of “maintenance” and/or “repair” that is needed, either with the pump or another component of the system, and then shutting off the pump. See also Steinbrueck Par. 0029: “Thus, the water chemistry controller 12 may direct the chemical feeders 24 to feed only a fraction of every minute (wherein the fraction is determined by distance from set point), rather than continuously feeding until the set point is achieved.” See also Par. 0017.)
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Mayleben in view Steinbrueck in further view of Grannersberger in further view of Chen et al. (PG Pub. No. 20130105403), herein “Chen.”
Regarding claim 3,
Mayleben, Steinbrueck, and Grannersberger teach the limitations of claim 1 which claim 3 depends. They do not teach determining when the other device needs service. Chen teaches the step of determining if one or more of the remote pool or spa devices is in need of service. (Par. 0030: “The cell life low light 42b is illuminated when the controller 20 detects that the chlorinator cell 60 is approaching or is at the end of its useful life, thereby indicating that the cell should be replaced. The problem detected light 42c is illuminated when the controller 10 detects a malfunction/fault of the cell 60 and/or other components of the system.” Mayleben also teaches that a pump or second pump may need repair in paragraph 0019: “The pump control and system may also be configured with a current sensor that is used to detect when the pump is to be deactivated. In one form, the current sensor may simply monitor current and shutoff the pump when a predetermined current is detected…” “…In another form, the current sensor may be used to signal when a pump malfunction or repair or maintenance condition exists, such as a high current condition. The signaling may involve cycling on and off the pump via the pump control when a high current condition has been detected, in an effort to dislodge or breakup an obstruction or blockage hindering the operation of the pump.” Examiner’s Note – Mayleben 23 instances of “maintenance” and/or “repair;” which is associated with sensing of current; and then as a result shutting off the 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 method of monitoring and controlling equipment for a pool as taught in Mayleben with controlling a pool pump based on the operational parameters both the pump and that of another pool or spa device that sanitizes or cleans pool water such as a chemical feeder as in Steinbrueck with having a system that has a remote chemical feeder (chlorinator) as in Grannersberger with determining whether another pool or spa device is in need of service as in Chen in order to allow for remote control and diagnosis of the chlorinator and/or cell cartridge. (Abstract)
Claims 4 - 13 is rejected under 35 U.S.C. 103 as being unpatentable over Mayleben in view Steinbrueck in further view of Grannersberger in further view of Khalid et al. (PG Pub. No. 20170170979), herein “Khalid.”
Regarding claim 4,
Mayleben, Steinbrueck and Grannersberger teach the elements of claim 1 which claim 4 depends. Mayleben does not teach predicting a failure. However, Khalid does teach the step of predicting a time of failure for a component of the pump assembly. (Par. 0180: “Further, the analytic data can be used to provide a predictive component failure information. In one example, predictive pump failure can be determined from parameters such as on/off cycling as well as other sensor data. In further examples, other components, such as valve, can be evaluated for their predictive failure time. In some embodiments, the predictive component failure can be used to develop maintenance and replacement plans for the components. In further examples, the predictive component failure and/or maintenance data can be provided to service providers. The service providers can use the data to aid in route planning and predictive maintenance scheduling.
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 method of monitoring and controlling equipment for a pool as taught in Mayleben with controlling a pool pump based on the operational parameters both the pump and that of another pool or spa device that sanitizes or cleans pool water such as a chemical feeder as in Steinbrueck with having a system that has a remote chemical feeder (chlorinator) as in Grannersberger with using sensor data and predicting a failure time of a pool component as in Khalid in order to provide a service provider component failure and maintenance data in advance of a failure so that replacement plans can be made. (Par. 0180)
Regarding claim 5,
Mayleben, Steinbrueck, Grannersberger, and Khalid teach the elements of claim 4 which claim 5 depends. Khalid also teaches that the step of generating a list of components to upgrade one or more of the pool or spa devices. (Par. 0125: “At process block 1920, the maintenance and/or cloud based server 1408 can analyze the parameters exceeded the predetermined preventative maintenance values to determine what, if any, replacement components may be required. Based on the analysis, the maintenance server and/or cloud based server 1408 can create a list of materials needed to perform the preventative maintenance. Examples of potential replacement parts can include terminal blocks, control boards, inductors, sensors, capacitors, control panels, transducers, fans, inverter/converter modules, pump, motor, etc. Further, if there is sufficient data regarding the installation of the product, additional replacement parts can be automatically obtained. For example, certain repairs can require new plumbing fittings such as pipes, elbows, couplers, reducers, valves, etc. If a complete bill of material (BOM) is available to the cloud based server 1408 regarding the initial installation of the variable speed pump controller 1402, the cloud based server 1408 can analyze the BOM to determine which additional parts may be needed.”)
Regarding claim 6,
Mayleben, Steinbrueck, Grannersberger, and Khalid teach the elements of claim 5 which claim 6 depends. Khalid also teaches that the step of transmitting the list to a user device via the network communication subsystem. (Par. 0126: “However, if the analysis indicates that replacement parts will be needed, the maintenance and/or cloud based server 1408 can order the replacement parts at process block 1924. In some embodiments, the maintenance server can have access to stock levels of replacement parts on hand for the service providers. Once the proper service provider is determined, the maintenance server can evaluate the stock list of the relevant service provider to determine if there is sufficient stock to perform the needed repair. If not, the maintenance server can place an order for the replacement parts needed to perform the repair. For example, the maintenance server can order the replacement parts from other service providers. Further, the maintenance server can order the parts from a distributor or dealer. Finally, in some instances, the maintenance server can order the parts directly from the manufacturer. In some embodiments, the maintenance server can automatically order the replacement parts once the user chooses to contact a service provider. Alternatively, the cloud based server 1408 can push a message to the user device 1412 requiring the user to approve any orders. In some examples, the maintenance server can provide an actual or estimated cost of the required replacement parts that can be provided to the user. Further, the maintenance and/or cloud based server 1408 can wait until authorization is provided from the service provider before any replacement parts are ordered.”)
Regarding claim 7,
Mayleben, Steinbrueck, and Grannersberger, teach the elements of claim 1 which claim 7 depends. Khalid teaches the element of transmitting an alert to a user device that the pump assembly is in need of service. (Par. 0098: “FIG. 12 illustrates a service provider alert process 1200. At process block 1202, the battery backup sump pump controller 902 can be turned on. At process block 1204, the wireless adapter 904 can monitor parameters associated with the battery backup sump pump controller 902. Examples of parameters can include operational status (active, line power run, battery power run), battery level, battery level low, pump operating time, etc., as well as fault conditions or flags. At process block 1206, the wireless adapter 904 can determine if a nonrecoverable fault condition has been detected. Examples of nonrecoverable fault conditions can include ground faults, over-voltage, over-current, short circuit, no-flow, loss of communication, etc. If a nonrecoverable fault condition is not detected, the wireless adapter 904 can continue to monitor the parameters associated with the battery backup pump control system at process block 1204. Where a nonrecoverable fault is detected, the wireless adapter 904 can transmit the fault data to the cloud based server 908 at process block 1208. The cloud based server 908 can then push an alert message to a user device 912 to inform the user of the nonrecoverable fault at process block 1210. In one embodiment, the alert message can inform a user that maintenance is required.”)
Regarding claim 8,
Mayleben, Steinbrueck, Grannersberger, and Khalid teach the elements of claim 7 which claim 8 depends. Khalid also teaches the element that the user device is a mobile device. (Par. 0066: “The user device 114 can be any device capable of connecting with the Internet. In one embodiment, the user device 114 is a portable device such as a smartphone (iPhone, Android, Windows Mobile), or a tablet computer (iPad, Microsoft Surface, Amazon Fire,
Android, etc.).”)
Regarding claim 9,
Mayleben, Steinbrueck, Grannersberger, and Khalid teach the elements of claim 8 which claim 9 depends. Khalid also teaches the element that the alert is transmitted via a cellular communications network. Khalid (Par. 0090: “Further methods of pushing the alert message to the user can include calling a user's cellular phone and providing the alert message to the user using an automated voice message, etc.”)
Regarding claim 10,
Mayleben, Steinbrueck, Grannersberger, and Khalid teach the elements of claim 1 which claim 10 depends. Mayleben does not teach that the location of the pump is determined. However, Khalid does teach the step of determining a geographical location of the pump assembly. (Par. 0062: “ FIG. 1 illustrates a wireless monitoring and control system 100 for communicating with a residential device 102. The residential device 102 can be any residential device having a communication port, for example sump pump controllers, residential water pump controllers, pool pump controllers, automated pool controllers, heat trace controllers, floor heating controllers, and other residential devices.” Par. 0065: “The cloud based server 112 can store the data for later access. In one embodiment, the cloud based server 112 can store the received data in a location associated with the residential device 102. Alternatively, the cloud based server 112 can store the data in a location associated with a given user account associated with the residential device.” Par. 0067: “To register the residential device 102, the user can enter information about the residential device 102, such as model numbers, serial numbers, location purchased (online, distributor, big box store, etc.), installer information, etc.”)
Regarding claim 11,
Mayleben, Steinbrueck, Grannersberger, and Khalid teach the elements of claim 10 which claim 11 depends. Khalid also teaches the element that the geographical location of the pump assembly is determined based on one or more of an IP address of the pump assembly, a global positioning system signal of a mobile device in communication with the pump assembly, and input from a user. (Par. 0067: “A user can set up a user account when the user registers the residential device 102. In some embodiments, a user may have multiple residential devices associated with a given user account. In one embodiment, the user account can provide access to information stored in the cloud based server 112. A user account can contain information about the user, such as contact information (address, e-mail, phone number, etc.), a list of residential devices associated with the user account, maintenance information, secondary contact information, etc. To register the residential device 102, the user can enter information about the residential device 102, such as model numbers, serial numbers, location purchased (online, distributor, big box store, etc.), installer information, etc.”)
Regarding claim 12,
Mayleben, Steinbrueck, Grannersberger, and Khalid teach the elements of claim 11 which claim 12 depends. Khalid also teaches identifying one or more service providers based on the geographical location of the pump assembly. (Par. 0100: “In one embodiment, the maintenance server can contain contact information for service providers authorized to provide maintenance to the battery backup sump pump controller 902. The maintenance server can have access to a user profile of the user and/or the product registration data provided by the user, such as discussed above. Alternatively, information from the user profile and/or product registration can be provided to the maintenance server via the cloud based server 908. Using the information contained in the user profile and/or product registration data, the maintenance server can filter the possible service providers based on product data (make, model, installation, years in service, etc.) as well as user data (geographic location, usual distributor, past maintenance, etc.). This can allow for the proper service provider to be contacted, which can allow for more efficient product repair.”)
Regarding claim 13,
Mayleben, Steinbrueck, Grannersberger, and Khalid teach the elements of claim 12 which claim 13 depends. Khalid also teaches that the one or more service providers are identified via the Internet. (Par. 0124: “At process block 1918, the service provider can be contacted. In one embodiment, the maintenance and/or cloud based server 1408 can contact the service provider. The maintenance and/or cloud based server 1408 can contact the service provider in various ways. In one example, an electronic message can be transmitted to the service provider regarding the maintenance issue. Examples of electronic messages can include text messages (SMS, MMS, etc.), e-mail, instant message, etc. Further, the maintenance and/or cloud based server 1408 can contact the service provider by using an automated voice message. The messages provided to the service provider can include information relating to the contact information and address of the user, the nature of the problem, the fault and associated parameters, historical data (previous service performed, faults received over time, etc.), and/or the list of expected replacement parts.”)
Claims 14 - 23 are rejected under 35 U.S.C. 103 as being unpatentable over Mayleben in view of Steinbrueck in further view of Grannersberger in further view of Khalid in further view of McCarney et al. (PG Pub. No. 20110137730), herein “McCarney.”
Regarding claim 14,
Mayleben, Steinbrueck, Grannersberger, and Khalid teach the elements of claim 13 which claim 14 depends. They do not teach providing a listing of service providers to a user. However, McCarney does teach step of transmitting a list of the one or more service providers to a user device. (Par. 0376: “A guided exploration may generate information that will assist the searcher across categories. For example, if the user expresses interest in fumigation services, a question might be asked that leads to an assessment of whether the interest is a onetime interest or whether it relates to a "life event" that is indicative of a possible interest in goods and services across a number of categories. A question might be asked, for instance, is: "have you recently purchased a new home?". If the user answers yes, it can be presumed that the user may be in the market for services across a number of other categories, such as roofing, window cleaning, pool service etc.” Claim 15: “A computer-implemented method comprising: tracking on a computer system a location for one or more mobile providers having service provider profiles store on the computer system based on the real-time location or planned-location of the service providers; and generating user interface data for a user interface with a mapping or listing of the real-time or planned location of one or more service providers relative to a fixed geographical location of a buyer based on matching service provider attributes with buyer profile attributes and the tracking of real-time or planned location, at least on attribute being the a fixed a geographical location attribute associated with the buyer profile; sending the user interface data to the buyer; and wherein the user interface date further includes a rating for a mobile provider, an interactive feature for calling or electronic messaging the mobile service provider, and/or a promotion for a service provider.” Claim 13: “…comprises a prioritized list of the one or more service providers ranked in order of actual distance.”)
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 method of monitoring and controlling equipment for a pool as taught in Mayleben with controlling a pool pump based on the operational parameters both the pump and that of another pool or spa device that sanitizes or cleans pool water such as a chemical feeder as in Steinbrueck with having a system that has a remote chemical feeder (chlorinator) as in Grannersberger with using sensor data and predicting a failure time of a pool component as in Khalid with user that is in need a pool service and having a computer-implemented method that provides a listing of service providers that match users depending on location as in McCarney in order to match a party with another party based on profiling of each party for parameters that are relevant to making a match such as providing services. (Par. 0002)
Regarding claim 15,
Mayleben, Steinbrueck, Grannersberger, Khalid, and McCarney teach the elements of claim 14 which claim 15 depends. McCarney also teaches that the user device is a mobile device. (Par. 0011: “The inventive subject matter will be able to capture the information required to profile a searcher across multiple formats and devices, including but not limited to web, mobile device…” Par. 0040: “FIGS. 4-12 show a graphical user interface for a mobile device used in accordance with various embodiments described herein.”)
Regarding claim 16,
Mayleben, Steinbrueck, Grannersberger, Khalid, and McCarney teach the elements of claim 14 which claim 16 depends. McCarney also teaches that the step of prompting the user to select a service provider from the list of one or more service providers. (Par. 0052: “The matching sets may also be valuated according to closeness of match or other factors, such as the past transaction histories of parties. For example, how often has a searcher selected a service provider from a list provided by the intermediary party? If a searcher or searchers on a matching set of searcher/service provider leads have a good history of selecting a service provider from the intermediary party's leads…”)
Regarding claim 17,
Mayleben, Steinbrueck, Grannersberger, and Khalid teach the elements of claim 13 which claim 17 depends. McCarney teaches the step of determining if one of the service providers has previously been selected by a user. (Par. 0052: “The matching sets may also be valuated according to closeness of match or other factors, such as the past transaction histories of parties. For example, how often has a searcher selected a service provider from a list provided by the intermediary party? If a searcher or searchers on a matching set of searcher/service provider leads have a good history of selecting a service provider from the intermediary party's leads, this would allow the intermediary party to sell the leads for a higher price to one or more of the service providers in the matching set, as compared with a matching set that had searchers with no past history of transactions. By the same token, a set of leads that scores services providers according to past transaction histories could be valued higher for offering to searchers.”)
Regarding claim 18,
Mayleben, Steinbrueck, Grannersberger, and Khalid teach the elements of claim 12 which claim 18 depends. McCarney teaches the step of selecting a service provider and establishing a network connection between the processor and a computer system of the selected service provider via the Internet. (Par. 0342: “FIG. 7 shows one possible embodiment where a smartphone application provides a graphical user interface to show recently posted jobs for service providers. A smartphone 701 may or may not be location aware. A graphical user interface is shown here as a smartphone application 702. The interface provides a map where recently posted jobs are displayed 707. If the smartphone is location aware, the current location will be displayed on the map as well. The interface also provides a detailed text description of the job 703. Status information 704 may be provided to show how long ago the job was posted. Status information 704 may also include how many other service providers have contacted the searcher. Status information 704 may also include how much it will cost to be connected to the searcher. The application provides a Connect Me button 705 that enables communication between the service provider and the customer. This connection may be real-time such as an immediate audio voice connection via a cellular voice network or a voice over internet protocol (VOIP) connection through Skype or session initiation protocol (SIP).” See also Par. 0329. See also Khalid Par. 0170.)
Regarding claim 19,
Mayleben, Steinbrueck, Grannersberger, Khalid, and McCarney teach the elements of claim 18 which claim 19 depends. McCarney also teaches the step of transmitting an alert to a mobile device of the selected service provider. (Par. 0289: “Another option could be to give service providers the ability to accept or reject leads, via SMS or email, whereby they pay one price for receiving/subscribing to the lead alert, and another, greater, price to the accept the lead. The searcher can then be sent a message, notifying them that their job has been accepted by the Provider (Note: this can be done by the method previously described, above, as well).” See also Par. 0346, 0352, and 0354.)
Regarding claim 20,
Mayleben, Steinbrueck, Grannersberger, Khalid, and McCarney teach the elements of claim 19 which claim 20 depends. McCarney also teaches the step of scheduling a service appointment with the selected service provider. (Par. 0353: “The system may provide a user interface with an input for the provider to initiate contact with a searcher. The user interface and presented data may provide for any number of means for allowing the provider and searcher to make contact. For example, the intermediary may provide information for provider to contact the searcher directly; it may coordinate and manage the scheduling on behalf of the parties; it may receive a permission from a searcher authorizing the intermediary to provide contact information, following acceptance of a lead by the provider.” See also Khalid: Par. 0124: “…the maintenance and/or cloud based server 1408 can have access to a scheduling/work order system of the service provider and can schedule an appointment automatically in the system.”)
Regarding claim 21,
Mayleben, Steinbrueck, Grannersberger, Khalid, and McCarney teach the elements of claim 20 which claim 21 depends. McCarney also teaches checking an inventory of the selected service provider and determining if parts required for the service appointment are in stock. (Par. 0092: “During the matching step 7, a series of business rules for a particular vertical, the industry matching rule set 8, coupled with the registration data 3 captured during the registration process and the supplier inventory 9, determines which providers are suitable for matching and constructs an initial match set of suppliers with supplier attributes 10. Any provider is willing to receive leads for a particular job may be matched to that job.” See also Khalid Par. 0070: “This can allow the technician/professional to quickly determine how to send service personnel, if required. Additionally, the technician/professional can check replacement part inventory at the local distributor and arrange for parts to be quickly routed to the proper distributor to reduce delays in repairing the residential device.”)
Regarding claim 22,
Mayleben, Steinbrueck, Grannersberger, Khalid, and McCarney teach the elements of claim 21 which claim 22 depends. Khalid does teach automatically ordering the parts required for the service appointment if the parts are not in stock. (Par. 0101: “Additionally, in some embodiments, the maintenance server can have access to stock levels of replacement parts on hand for the service providers. Once the proper service provider is determined, the maintenance server can evaluate the stock list of the relevant service provider to determine if there is sufficient stock to perform the needed repair. If not, the maintenance server can place an order for the replacement parts needed to perform the repair. For example, the maintenance server can order the replacement parts from other service providers. Further, the maintenance server can order the parts from a distributor or dealer. Finally, in some instances, the maintenance server can order the parts directly from the manufacturer. In some embodiment, the maintenance server can automatically order the replacement parts once the user chooses to contact a service provider. Alternatively, the cloud based server 908 can push a message to the user device 912 requiring the user to approve any orders. In some examples, the maintenance server can provide an actual or estimated cost of the required replacement parts that can be provided to the user. Further, the maintenance server can wait until authorization is provided from the service provider before any replacement parts are issued.” See also Par. 0107, 0120, 0126, 0143, 0149, 0172, 0205, 0211, and 0220.)
Regarding claim 23,
Mayleben, Steinbrueck, Grannersberger, Khalid, and McCarney teach the elements of claim 22 which claim 23 depends. Khalid teaches scheduling delivery of the parts for the service appointment prior to the scheduled service appointment. (Par. 0009: “Furthermore, delays associated with scheduling a service technician to evaluate the problem, including potential delays associated with ordering the necessary replacement parts can result in increased risk or additional damage, as well as further inconvenience for the homeowner.” Par. 0220: “In some embodiments, the aggregated data can be used to generate a preventative maintenance plan. By using the aggregated data, preventative maintenance programs can be put into place to reduce down-time. Further, by using data and data analysis to generate preventative maintenance schedules, fewer service centers are needed due to the reduction in emergency repairs. Further, predictive maintenance and failure data can be integrated into a distributor's or user's Enterprise Resource Planning (ERP) software. This can reduce downtime by ensuring that long-lead time parts and components are ordered sufficiently in advance to ensure availability based on expected failures.”)
Response to Arguments
The examiner respectfully traverses applicant’s arguments. Careful consideration was given to applicant’s arguments and remarks, and two other primary examiner’s were consulted regarding the interpretation of the statement in question stated below. In the remarks, applicant argues about the interpretation of the word “and” in the element: processing one or more of the operational parameters related to the pump assembly and the one or more remote pool or spa devices to determine if the pump assembly requires service; applies to both the pump assembly AND the remote pool or spa device. However, under broadest reasonable interpretation the element is prefaced with “one or more of.” Therefore, the “one or more” might mean one operational parameter related to the pump assembly; or it might me two operational parameters related to the pump assembly and the remote pool or spa device. Mayleben teaches parameters related only to the pump assembly that is indicative that the pump assembly requires service. Thus, under broadest reasonable interpretation, Mayleben teaches the broadest interpretation of the element: “processing one or more of the operational parameters related to the pump assembly and the one or more remote pool or spa devices to determine if the pump assembly requires service” and therefore this is a final action.
However, even if applicant were to amend the element, such as adding the word “both” so as to read: “one or more operational parameters related to both the pump assembly and the one or more pool or spa devices” or if one were to agree with applicant’s arguments that both operational parameters are required to determine whether the pump assembly needs service (pump assembly parameters AND parameters from the remote pool/spa device), the claim is still not allowable because a new reference was found that teaches the applicant’s interpretation. Nix (US PG Pub. No. 20170314282) teaches in paragraph 0090: “For example, the pool monitoring and control system 100 may monitor electrical parameters of the pool pump's motor current to identify the presence of a maintenance event. As described above, the pattern may be a characteristic sequence of turning the pump on and off, which may be associated with a change in electrical parameters before and after the event.” Par. 0091: “While monitoring the motor current is a relatively easy and low cost approach, one skilled in the art will appreciate that the pattern recognition can be applied to other inputs. For example, if equipped with a flow sensor 132/133 or a pressure sensor the pool monitoring and control system 100 may apply a pattern matching algorithm to inputs from those sensors. See also Par. 0067 and Par. 0071 – 0073 that teaches monitoring flow of a filter that may be indicative of a pool pump failure as well as pump electrical characteristics. See also Par. 0004 and 0005 that teaches two processors that are in communication with one another, senses different parameters, and determines whether a pool pump is in need of maintenance. Although broadly interpreted, in paragraph 0097 a request for information about a pool pump switch sent to a user device as well as the shut off of the pump could be used to determine a maintenance requirement of the pool pump.
Thus, given the interpretation of the element above and the possibility of applying Nix as a reference, the application is not in condition of allowance at this time. The rejection as filed on 07/02/2025 is maintained and this is a final action.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Ehlers (US PG Pub. No. 20040117330) are analogous art and is the same field of endeavor and contain overlapping structural and functional similarities to the instant application. Ehlers relates to pool control system that monitors and determines if a pump or other pool component needs maintenance. The system communicates with service providers and provides alerts. Par. 0204, 0205, and 0213.
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 CHAD G ERDMAN whose telephone number is (571)270-0177. The examiner can normally be reached Mon - Fri 7am - 3pm or 4pm EST..
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/CHAD G ERDMAN/ Primary Examiner, Art Unit 2116