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 62862982, 62286272, 62310510, 62381903, 62412504, 62414545 where the first application (‘272) was filed on January 22, 2016.
DETAILED ACTION
Claims 1 - 25 are pending in the application.
Claim 1 is independent.
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 claims, the objection(s) and 35 USC 112(b) rejections are
rescinded.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.
Claim 1 limitations invokes 35 U.S.C. 112(f) because it uses generic placeholders, such as "a chemistry automation device,” “a network communication subsystem,” and “first pool or spa device,” coupled with functional language “generating or dispensing at least one chemical in water of a pool or a spa,” “in communication with the processor,” and “configured to perform an operation on the water of the pool or the spa.” respectively, that is not modified by sufficient structure, material, or acts for performing the claimed function. The written description of the specification implicitly or inherently discloses the corresponding structure(s), 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 describes in several paragraphs that the corresponding structure for the chemistry automation device as a “chlorinator." This is an implied interpretation as the specification does not specifically state “a chemistry automation device” and especially does not state that “a chemistry automation device” may be a “chlorinator.” For the network communication subsystem 35 U.S.C. 112(f) limitation, the specification starting with paragraph 0098 detail a wired communication subsystem 36 and a wireless communication subsystem 34 that are coupled to a processor via a bus (32). See figure 2 and figure 1 (that show the processor and communication subsystem(s) can be implemented in a number of pool component subsystems 12a – 12h.) For the pool or spa devices, see figure 13 and paragraph 0123.
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 Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1 – 5 and 12 – 16 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Khalid et al. (US PG Pub. No. 2017/0170979), herein “Khalid.”
Regarding claim 1,
Khalid teaches a chemistry automation system comprising: (Par. 0184: “FIG. 38 illustrates an exemplary automated chemical dispersal control system 3800.” Overall, Khalid teaches a pool or spa control system comprising a chemical dispersion system on point with the instant application. See Par. 0008 and background section paragraphs 0001 -0007.)
a chemistry automation device (Par. 0183: chlorinator or other chemical dispersal unit.) for generating or dispensing at least one chemical in water of a pool or a spa; a processor in communication with the chemistry automation device, said processor monitoring one or more operational parameters associated with the chemistry automation device and controlling operation of the chemistry automation device; and a network communication subsystem in communication with the processor, the network communication subsystem: (i) establishing a network connection between the processor and a communications network; (Par. 0011) (ii) providing for remote monitoring of operational parameters associated with the chemistry automation device over the communications network; and (iii) providing for control of the chemistry automation device over the communications network from a remote location; wherein the processor is configured to: (i) receive a desired chemistry value over the communications network; (ii) determine a setpoint for the chemistry automation device based on the one or more monitored operational parameters and the desired chemistry value; (iii) control the chemistry automation device to operate at said setpoint; and (iv) control a first pool or spa device configured to perform an operation on the water of the pool or the spa. (Khalid teaches the details of the automated chemical dispersal control system. Figure 3 and paragraph 0071 and the following paragraphs teach the communication subsystems that are coupled and in communication with a processor 306. A wireless adapter and wireless gateway in the automated chemical dispersal control system are shown in figures 3 and 38. Paragraphs 0071 – 0074 teach the details between the processor and the wireless communication subsystem as disclosed in the instant application. Paragraphs 0183 – 0187 and corresponding figures teach other details of the hardware limitations of claim 1. Paragraph 0183 teaches a chlorinator and other chemical dispersal equipment. Paragraphs 0185 and 0187 teaches the remote parameter modification process and teaches a user that modifies a parameter or level of chemical such as chlorine (notwithstanding modifying the chlorine above a safe level. Par. 0112.)
Regarding claim 2, Khalid also teaches comprising one or more sensors configured to monitor one or more operational parameters associated with the water of the pool or spa. (Par. 0185: “Parameters can include flow levels, chemical supply levels, water chemical levels (chlorine, salt, pH, etc.), temperature, time of day, chemical dosages, chemical addition times, water reservoir data, etc. Additionally, the parameters disclosed above can also be uploaded to the cloud based server 3808.” Par. 0158 and other paragraphs that teach “sensor(s).”
Regarding claim 3, Khalid also teaches one or more operational parameters associated with the water of the pool or spa comprise one or more of pH level, ORP level, and temperature. (Par. 0177: “ Additionally, water quality parameters such as pH, oxidation reduction potential, conductivity, and turbidity can be analyzed and optimized.”)
Regarding claim 4, Khalid also teaches one the processor receives the one or more operational parameters associated with the water of the pool or spa from the one or more sensors. (Par. 0072: “The processor 306 can receive data from the residential device 302 via the communication line 304.”)
Regarding claim 5, Khalid also teaches that the first pool or spa device is a variable speed pump, a single speed pump, a heating system, a cooling system, a valve actuator, a cleaner, a lighting system, or another sanitization system. (Par. 0062)
Regarding claim 12, Khalid also teaches that the first pool or spa device is communicatively coupled to the processor by way of a serial connection. (Par. 0063, 0071, and 0072.)
Regarding claim 13, Khalid also teaches that the processor controls operation of the first pool or spa device via the serial connection. (Abstract, Par. 0011, and 0071. See also Claim 1 and 4.)
Regarding claim 14, Khalid also teaches that the comprising a second network connection between the first pool or spa device and the communications network. (Par. 0063: “The residential device 102 can have a communication port for transmitting data over a communication line 104. In one embodiment, the residential device 102 can transmit data using a serial RS-485 communication protocol. However, alternative communication protocols, including but not limited to, MODBUS, CAN, DeviceNet, ControlNet, Ethernet TCP/IP, RS-232, Universal Serial Bus (USB), Firewire, or other known communication protocol as applicable. The communication line 104 can provide the transmitted data to a wireless adapter 106. The wireless adapter 106 can provide a communication interface between the residential device 102 and a router/modem 108 via a wireless gateway receiver 110.”)
Regarding claim 15, Khalid also teaches that the processor controls operation of the first pool or spa device via the communications network. (Par. 0074 and Khalid claim 1.)
Regarding claim 16, Khalid also teaches that a second pool or spa device configured to perform a second operation on the water of the pool or spa.
(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. Specific examples of residential devices can include the Battery Backup (“BBU”) Sump Pump controller from Sta-Rite, as well as IntelliDrive®, IntelliFlow®, and DriverConnect® controllers from Pentair. However, other brands and types of residential devices 102 can be used with the described monitoring and control system 100. In one example, residential devices can include all Pentair® branded residential products or those residential products from subsidiaries of Pentair. Other residential devices 102 can include irrigation pump variable frequency drives and driver controllers, water detectors, level sensors, Penduino® based controllers, universal data collection and components control platforms, etc.” Examiner’s Note – claim 16 may also be rejected under MPEP §2144.04(VI)(B) “Duplication of Parts”)
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Khalid in view of Maitland (US Patent No. 5,985,155), herein “Maitland.”
Regarding claim 6,
The previously cited references teach the limitations of claim 1 which claim 6 depends. They do not teach that the processor controls the pool or spa device. However, Maitland does teach that the first pool or spa device is controlled by the processor based on the one or more operational parameters associated with the water of the pool or spa and the desired chemistry value. (Col. 3, line 54 – Col. 4, line 20: “(6) In this example the halogen production system also includes sensors which monitor the flow stream to the electrolytic cell 20 and provide information to the controller 26. Such sensors include a flow detector 28 which is included to ensure that the power supply will be turned OFF to the cell when there is no water flow. The system may also include a salinity sensor, which in a fashion similar to the flow detector will ensure that the power supply will be turned OFF when there is insufficient salt present in the flow stream for the production of chlorine by the electrolytic cell. The system of the present invention also includes a temperature sensor 30 and an optional pH sensor 32 which measures the acidity or alkalinity of the flow stream, sensors 30 and 32 being used by a microprocessor 40 forming part of a feedback control loop to automatically override the manual settings and modify either by increasing or by decreasing the production of chlorine in response to changing demands for chlorine as derived by signals from temperature 30 or pH sensor 32. Software of a microcontroller incorporated in the microprocessor is programmed for defining one or more mathematical expressions that define corresponding relationships depicted by the curves in FIGS. 4-6. It is sufficient for the present invention that the programming consists of one mathematical expression defining one of the curves found in FIGS. 4-6. The microprocessor 40 also includes an algorithm which functions to form an overriding control signal. For this purpose, as shown in FIG. 2, the microprocessor 40 which is part of the controller 26 receives input signals from the clock 26A and any one or a plurality of signals from the flow detector 28, temperature sensor 30 and the pH sensor 32. The output by the microprocessor is used by the controller to over-ride the control established by the manual adjustments so as to reestablish the desired chlorine concentration in the pool water.” See also Abstract and Background/Summary sections.)
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 that automated chemical control device that comprises a processor and memory as in Khalid with a microprocessor that can control chemical amounts in a pool or spa as in Maitland in order to override manual adjustments and to reestablish the desired chlorine concentration in the pool water. (Col. 4, lines 19 – 20)
Claims 7 – 11 are rejected under 35 U.S.C. 103 as being unpatentable over Khalid in view of Maitland in further view of Pruchniewski et al. (US PG Pub. 20140303782), herein “Pruchniewski,” published more than one year before the effective filing date of the instant application.
Regarding claim 7,
The previously cited references teach the limitations of claim 6 which claim 7 depends. They do not teach a relay. However, Pruchniewski does teach that a relay configured to selectively provide power to the first pool or spa device, thereby controlling operation of the first pool or spa device. (Par. 0058: “The main panel motherboard 6 further includes a relay bank socket 16 that allows connection of one or more of the modular programmable relay packs 32 with the main control motherboard 6. The relay bank socket 16 receives 12 VDC power and 24 VDC power from the power supply output connector 88 and is in two-way communication with the internal bus 10 for communication with the central processor 8. FIG. 3 illustrates only one relay bank socket 16 on the main panel motherboard 6, however, it should be understood that the main panel motherboard 6 can hold a plurality of relay bank sockets. Each additional relay bank socket can function identically to the relay bank socket 16 shown. When a modular programmable relay pack is connected to the relay bank socket 16, the relay pack engages in a handshake with the central processor 8 so that the central processor 8 recognizes that a relay pack has been connected to the system and can be programmed by the central processor 8.” See also Par. 0007, 0008, and 0043.)
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 that automated chemical control device that comprises a processor and memory as in Khalid with a microprocessor that can control chemical amounts in a pool or spa as in Maitland with a pool or spa control system that comprises a relay or relay bank coupled to a processor and provides power to a pool or spa device that may be a chlorinator as in Pruchniewski in order to not only provide power to devices but also allow the processor to control devices through the relay. (Paragraphs 0007 and 0008)
Regarding claim 8,
The previously cited references teach the limitations of claim 7 which claim 8 depends. Pruchniewski also teaches second network connection between the relay and the communications network. (Par. 0007: “The motherboard includes a main panel processor, a power supply, one or more internal communications busses (e.g., a high-speed RS-485, a low-speed RS-485 bus, or other suitable communications busses), external communications bus connectors (e.g., an external high-speed RS-485 bus connector and an external low-speed RS-485 bus connector, or suitable connectors for a respective communication bus that is implemented) that allow for smart components to be connected thereto, at least one relay bank socket, and an optional expansion slot.” Par. 0040.)
Regarding claim 9,
The previously cited references teach the limitations of claim 7 which claim 9 depends. Pruchniewski also teaches the processor controls operation of the relay via the communications network, thereby controlling operation of the first pool or spa device. (Par. 0007, 0040, 0041, 0043, 0054, 0058, 0060, 0071.)
Regarding claim 10,
The previously cited references teach the limitations of claim 9 which claim 10 depends. Pruchniewski also teaches that the relay is communicatively coupled to the processor by way of a serial connection. (RS-485; Par. 0007, 0010, and 0040.)
Regarding claim 11,
The previously cited references teach the limitations of claim 10 which claim 11 depends. Pruchniewski also teaches that the processor controls operation of the relay via the serial connection, thereby controlling operation of the first pool or spa device. (Par. 0007, 0010, and 0040; See also Par. 0041, 0043, 0054, 0058, 0060, 0071)
Claims 17 – 24 are rejected under 35 U.S.C. 103 as being unpatentable over Khalid in view of Chen et al. (US PG Pub. 20130105372), herein “Chen,” published more than one year before the effective filing date of the instant application.
Regarding claim 17,
The previously cited references teach the limitations of claim 16 which claim 17 depends. Chen does teach that the processor monitors one or more operational parameters associated with the first pool or spa device. (Par. 0050: “The PCB 86 can transmit this information to the controller 20 so that it can be used to configure operation of the chlorinator 10. Additionally, the microprocessor can process the information received by the sensors 88 and the reed switch 90, e.g., current water temperature, flow rate, pH levels, etc., and transfer this information to the controller 20, which information can be used in controlling the chlorinator. Information regarding the remaining cell life, e.g., the remaining plates 67, can be updated and stored in the non-volatile memory.” Par. 0006, 0011 and 0085.)
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 that automated chemical control device that comprises a processor and memory as in Khalid with a controller and microprocessor that monitors parameters of the pool device(s) as in Chen in order to control many parameters of the pool system such as temperature, PH, or ORP by use of a PCB or processor. (Par. 0011)
Regarding claim 18, Chen also teaches that the processor controls operation of the second pool or spa device based on the one or more operational parameters associated with the chemistry automation device and the one or more operational parameters associated with the first pool or spa device. (Par. 0042, 0050, and 0061.)
Regarding claim 19, Khalid and Chen also teach that a pool or spa controller. (Khalid: Par. 0006: “onboard controller from Pentair” and pump controller, item 2202. Chen: controller in the Abstract and several paragraphs 0009, 0011, 0061, etc.)
Regarding claim 20, Chen also teaches a second network connection between the pool or spa controller and the communications network. (Par. 0042, 0043, 0050, 0051, 0059, and 0061.)
Regarding claim 21, Chen also teaches the processor communicates with the pool or spa controller via the communications network. (Par. 0050: “ The cover 60 is seated within the annular wall 77, and on the annular flange 76, of the cartridge cap 58 and includes a locking key 78 and an electrical connector 80. The electrical connector 80 includes a plurality of connector pins 82 extending therethrough. The plurality of connector pins 82 are associated with a plug 84 that is connected to and in electrical communication with a printed circuit board (PCB) 86. The PCB 86 is generally housed in the cartridge cap 58, though in the exploded view of FIG. 6 it is shown in a different position to better illustrate its connection with the plurality of plates 67. The PCB 86 includes a microprocessor, non-volatile memory, at least one sensor 88 and a reed switch 90. While reference here is made to a reed switch, the reed switch 90 may alternatively be any suitable or equivalent sensor, and is not limited solely to a reed switch. The plurality of plates 67 include a plurality of tabs that extend through the cartridge cap 58 and are in electrical communication with the PCB 86, which they are powered by. The PCB 86 stores one or more parameters associated with the cartridge, such as minimum/maximum electrical parameters, cell coating and/or life expectancy of the cartridge, thermal operating parameters, salinity operating parameters, etc. Further, the PCB 86 also includes an identification system for the cartridge 40 so that the controller 20 can recognize and identify if the cartridge 40 is authentic. The PCB 86 can transmit this information to the controller 20 so that it can be used to configure operation of the chlorinator 10. Additionally, the microprocessor can process the information received by the sensors 88 and the reed switch 90, e.g., current water temperature, flow rate, pH levels, etc., and transfer this information to the controller 20, which information can be used in controlling the chlorinator. Information regarding the remaining cell life, e.g., the remaining plates 67, can be updated and stored in the non-volatile memory.”)
Regarding claim 22, Khalid teaches the pool or spa controller is a cloud-based pool or spa controller, a local pool or spa automation system, a mobile device, or a remote computer system. (Numerous paragraphs teach a cloud based server or a remote user that could act as a controller such as Par. 0093, 0095, 0096, 0098, 0100, 0103, 0110, etc.)
Regarding claim 23, Chen teaches the processor transmits the one or more operational parameters associated with the chemistry automation device to the pool or spa controller via the communications network. (Par. 0050)
Regarding claim 24, Chen teaches that the pool or spa controller controls operation of the chemistry automation device via the communications network. (Par. 0050, last line: “…the microprocessor can process the information received by the sensors 88 and the reed switch 90, e.g., current water temperature, flow rate, pH levels, etc., and transfer this information to the controller 20, which information can be used in controlling the chlorinator.”)
Claim 25 is rejected under 35 U.S.C. 103 as being unpatentable over Khalid in view of Chen in further view of Steinbrueck et al. (US PG Pub. 20090200245), herein “Steinbrueck.”
Regarding claim 25,
The previously cited references teach the limitations of claim 24 which claim 25 depends. Steinbrueck teaches the portion of the pool or spa controller controls operation of the second pool or spa device based on one or more of the operational parameters associated with the chemistry automation device, the operational parameters associated with the first pool or spa device, and web data retrieved from the Internet. (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 that automated chemical control device that comprises a processor and memory as in Khalid with a controller and microprocessor that monitors parameters of the pool device(s) as in Chen with using parameters from a chemistry feeder to control operation of a different spa or pool device such as a pump as in Steinbrueck in order to provide a more effective and/or efficient chemical dosing profile or dosing operation. (Par. 0029)
Response to Arguments
The examiner respectfully traverses applicant’s arguments. In the remarks, applicant argues that Khalid et al. do not describe or suggest: determining a setpoint for the chemistry automation device that is based on both: (i) a desired chemistry value and (ii) monitored operational parameters relating to the chemistry automation device. Khalid in many instances teaches an automated chemical dispersal control system. Paragraphs 0183 – 0185 are the main supporting paragraphs to the elements (i) and (ii) above. Paragraph 0184 clearly teaches in sentence one: “FIG. 38 illustrates an exemplary automated chemical dispersal control system 3800. An automated aquatic chemical controller 3802, as discussed above, can be in communication with a wireless adapter 3804 via communication line 3806. In one embodiment, the wireless adapter 3804 can be a wireless adapter as discussed above. The wireless adapter 3804 can communicate with a cloud based server 3808 via a wireless gateway 3810 using a wireless connection 3816.” An automated system means that the system needs no user input. However, applicant argues that the “Khalid merely discloses that a user with sufficient permission can alter or change parameters associated with a chemistry automation device, and there is no discussion of determining a setpoint for the chemistry automation device…” Again Examiner is not persuaded by this argument. Paragraph 0183 specifically states: “Automated aquatic chemical controllers can be used to monitor and/or control chemical levels in aquatic systems, particularly in pools and spa type systems. Further, aquatic chemical controllers can be coupled to one or more chemical dispersal or generation units (chlorinators, pH-balance chemical systems, salt-to chlorine converters, etc.) (not shown).” [Emphasis added by Examiner]. Monitoring and controlling by an automated system as cited, implicitly or explicitly defines a system without user intervention. Paragraph 0164 supports the automated concept that teaches: “…the wireless adapter 3104 can determine if any of the parameters exceed predetermined values. In one embodiment, the predetermined values can be set by the user; alternatively, the predetermined values can be inherently set within the automated aquatic device controller 3102.”
Examiner agrees with appellant that Khalid “…discloses that a user with sufficient permission can alter or change parameters associated with a chemistry automation device;” however, this is an alternative embodiment. Supporting paragraph 0189 states: “FIG. 41 illustrates a remote chemical ordering process 4100. At process block 4102, the automated aquatic chemical controller 3802 can be connected to the cloud based server 3808 via the wireless adapter 3804. Once the automated aquatic chemical controller 3802 is connected to the cloud based server 3808, the automated aquatic chemical controller 3802 can monitor supply chemical levels in chemical dispersal/generation devices. At process block 4106, the automated aquatic chemical controller 3802 can determine if the supply chemical levels in the chemical dispersal/generation devices have fallen below predetermined levels. In one example, the predetermined level can be based on the estimated amount of time that the remaining supply chemical will last. Alternatively, the predetermined level can be based on a volume or quantity of the supply chemical. In one embodiment, the user can set the predetermined levels in the automated aquatic chemical controller 3802.” Thus the first part of paragraph 0189 explains the automation aspect of the monitoring and controlling. Paragraph 0189 continues with an alternative of a user setting the predetermined values.
Khalid in paragraph 0183 states the systems that are used with the automated system. Paragraph 0183 states that: “The following paragraphs are directed to the use of a wireless adapter device to provide for wireless access and/or control automated aquatic chemical controllers. Example automated aquatic chemical controllers can include products such as IntelliChem®, IntelliChlor®, and IntelliPH® Control Systems from Pentair.” The IntelliChem system of Pentair is an automated system that sets appropriate settings. Although not used in the current rejection, the attached Intellichem Water Chemistry Controller Manual in many paragraphs supports the Khalid reference of an automation system that determines a setpoint based on chemistry values and operational parameters. Page 7, (overview page 1) of the Intellichem Manual specifically states: “During normal operation, no user input is required, the IntelliChem controller will automatically sense ORP and pH levels.” This manual fully supports the meaning of the Khalid reference that that system is automated, determines a setpoint for the chemistry of a pool/spa that is based on a chemical value and operational parameters of the device. Several paragraphs of the Intellichem Manual states that the flow rate is monitored as gallons per minute (GPM) and/or gallons per day.
Therefore, upon careful consideration of the applicant’s arguments, the Khalid reference and the supporting reference of the IntelliChem System Manual, the prior art rejection is maintained and this action is a final action.
The claim objection to claim 7 is rescinded given the amended claim 7.
Given the explanations, arguments; and amendments to claims 21 – 25, the 35 USC 112(b) rejections are rescinded.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Ortiz et al. (US PG Pub. 20110286859) may also teach the elements of claim 7. Ortiz teaches that a relay configured to selectively provide power to the first pool or spa device, thereby controlling operation of the first pool or spa device. (Par. 0103: “The electrical power to the pump controller 1210 may be a 220 VAC line, which is converted to an appropriate voltage level by a DC power supply 1228 for powering the microprocessor 1212 and other logic circuits. In accordance with an embodiment of the invention, a 24 VAC power supply 1230 may be utilized to send power signals to one or more external devices 1232 under the control of the microprocessor 1212 via corresponding relay(s) 1234. The 24 VAC power signal can be provided at a terminal 1236 junction to the external device 1232. As is described at length in application Ser. No. 12/163,126, which has been incorporated by reference above, an SVRS system may (i) interrupt power to the pump and (ii) vent the vacuum conduit leading to the pump, when it senses a vacuum anomaly indicating drain occlusion or other malfunctions or conditions, like a broken or disconnected vacuum conduit. In one embodiment of the present application, the external device 1232 is a solenoid valve that vents the vacuum conduit leading from the vessel V to the intake of the pump 1220 to atmosphere. When a violation of minimum load occurs, as sensed by the minimum load detector 1224, the microprocessor 1212 may be programmed to i) shut off the pump 1220 via control of the pulse width modulator 1214 and ii.) to trigger relay 1234 to provide a power signal to terminal 1236 to which the solenoid (the external device 1232) is connected, causing the solenoid to open and vent to atmosphere, as described in application Ser. No. 12/163,126. In this manner, the pump controller 1210 can accomplish two SVRS functions, i.e., pump shut-down and venting.” Par. 0100 and 0104. See also Fig. 22. Examiner’s Note – Other paragraphs teach a spa or pool device as a chlorinator or chlorine dispenser that is controlled.)
Porat (US PG Pub. No. 20090282627) may also teach the elements of claims 17 – 20. See Abstract, paragraphs 0008, 0020, 0061, and 0062. And Porat also teaches a processor/controller in paragraph 0008.
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 - 5pm EST; Off every other Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kamini S. Shah can be reached at (571) 272-2279. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHAD G ERDMAN/ Primary Examiner, Art Unit 2116