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
In this continuation-in-part application, acknowledgment is made of applicant's claim for domestic benefit based on provisional applications 62862982 62286272 62310510 62381903 62412504 62414545 the earliest supporting provisional being application 62/381,903 filed on August 31, 2016.
DETAILED ACTION
Claims 1 - 20 are pending in the application.
Claim 1 is independent.
This action is Final based on a new 35 U.S.C. §103 prior art reference that was necessitated by the applicant’s amendment; see MPEP §706.07(a).
Given the amended claims and argument, the 35 USC 112(b) rejection(s) are rescinded.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 network communication subsystem" coupled with functional language "is configured to transmit one or more of the operational parameters of the variable speed pump to a cloud-based server via a communications” 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 network communication subsystem 35 U.S.C. 112(f) limitation. The specification starting with paragraph 0097 detail a wired communication subsystem 36 and a wireless communication subsystem 34 that are coupled to a processor via a bus (32) and an ethernet connection. 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.
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 and 13 – 18 are rejected under 35 U.S.C. 103 103 as being unpatentable over Brochu et al. (US PG Pub. No. 20130166965), herein “Brochu” in view of Stiles et al. (US Patent No. 7,854,597), herein “Stiles.”
Regarding claim 1,
Brochu teaches a system for monitoring and controlling aquatic equipment, comprising: (Par. 0003: “Increasingly, it is becoming desirable to provide mechanisms to enable users to remotely monitor and control the operations of bathing units. For example, it is desirable to allow an owner of a spa system, when leaving his or her office after a long day at work, to be able to control his spa system so that when he/she arrives at home, the spa water is at a desired temperature level. In another example, an owner of a spa system may leave his/her residence and inadvertently forget to perform some task in connection with his spa, for example turn off the jets, turn off the lights and/or initiate a filtering function amongst others. The owner may also not remember whether the water temperature, jets, lights or other components were set to a desired level or desired mode of operation before leaving his residence. Without the ability to remotely monitor and control the operations of the spa…”)
a variable speed pump; (Par. 0082, line 9: “a variable speed pump”)
a pump controller (spa controller 34) configured to monitor operational parameters of the variable speed pump and to control operation of the variable speed pump; (Par. 0082: “Manners in which the spa functionality controller 34 can be used to control the individual bathing unit components of the bathing system, such as for example the jets 20, the drains 22, the heating module 30, the water pumps 11 and 13, the filter 26, the air blower 24, a valve jet sequencer for massage, a variable speed pump…”)
and a network communication system operatively coupled to the pump controller and including a wireless communication subsystem; (Par. 0004: “Some existing systems provide functionality for allowing for the remote control and monitoring of bathing systems to take place over a local computer network. In this regard, some bathing systems can now be equipped with network interfaces for allowing the bathing system to register with a local network (for example a home network) through a router in order to exchange signals with other devices in the same local network. In such a local network, each device is associated with its own internal or private IP address, which allows the devices in the local network to communication with one another through the router. Such a configuration therefore enables a computing device connected to the local network and equipped with suitable software to issue commands to and receive status information from the over the private network through the router.” Par. 0005: “While connecting a bathing unit system to a local network through a router allows devices connected to a same local network to communicate with one another and thus enables a computing device equipped with suitable software to control and monitor the bathing unit system connected to the same local network, the router typically does not permit devices external to the local network, for example a device on a public network (e.g. the INTERNET), to initiate a communication directly with the bathing unit system in the local network.”)
wherein the wireless communication subsystem (home/private network or home router coupled to the network interface 68; see figures 1 and 2.) is configured to transmit one or more of the operational parameters of the variable speed pump to a cloud-based server (server/gateway, 230 or remote control client 250; See figure 2) via a communications network; (Par. 0160: “The server 230 network in system 500 (shown in FIG. 8) is also programmed for directing different communications between the remote control clients 250.1 to 250.X to specific network enabled controllers 24.1 to 24.k over the communication links being maintained. Such communications may include for example status request messages for obtaining information related to operational parameters/settings of the bathing unit and commands for modifying one or more operational parameters of the spa as well as replies to these messages. Optionally, the server 230 may perform an authentication of the remote control client at least in part by processing the communications received from remote control clients at the server 230. In such cases, the server 230 may be programmed for selectively directing a communication to a specific network-enabled controller in dependence on results obtained by performing the authentication of the remote control client from which the communication originated. Such authentication allows limiting monitoring and/or control capabilities to certain specific remote control clients in connection with specific network-enabled controllers. In an alternate implementation, authentication functionality may be omitted from the server 230 and be performed at the network-enabled controllers.” Par. 0018.)
wherein the wireless communication subsystem is configured to transmit one or more of the operational parameters of the variable speed pump to a device via direct wireless communication; (Par. 0083: “A mentioned above, and as depicted in FIG. 1, the network-enabled controller 24 includes a network processing unit 40 for coordinating interactions between the spa functionality controller 34 and external devices. The network processing unit 40 is in communication with a memory unit 42 and a network interface 68. The network interface 68 may be of any suitable type known in the art including a wireless interface and wired interface. In a non-limiting implementation, the network interface 68 includes a wireless antennae suitable transmitting signal in a WiFi network.”)
wherein the wireless communication subsystem is configured to receive one or more control parameters from one or more of the cloud-based server and the device; and (Par. 0009: “The bathing system is also configured to send periodic inquiries as to whether a command for affecting a change in operation is stored at the web server. The web-server is configured such as to be responsive to requests originating from a remote control client for transmitting bathing unit related information stored at the web-server to the remote control client. The web-server is also configured to receive and store commands originating from a remote control client in connection with a specific bathing system. The web-server is configured such as to be responsive to requests originating from a bathing system for transmitting commands to the bathing system. The web server can also be configured to manage a credentials databank to control the access by remote control clients with regards to specific bathing systems by way of logins and passwords.” Par. 0108. See also Par. 0160 as cited above.)
wherein the pump controller controls operation of the variable speed pump based on the one or more control parameters. (Par. 0082: “The spa functionality controller 34 is configured for controlling the distribution of power supplied to the various bathing unit components 11, 13, 26, 28, 30 in order to cause desired operational settings to be implemented on the basis of program instructions and signals received from the user control panel 31 or from a device external to the system 10 through the network processing unit 40. The spa functionality controller 34 may also receive control signals from various sensors 71 in order to cause the desired operational settings to be implemented. Manners in which the spa functionality controller 34 can be used to control the individual bathing unit components of the bathing system, such as for example the jets 20, the drains 22, the heating module 30, the water pumps 11 and 13, the filter 26, the air blower 24, a valve jet sequencer for massage, a variable speed pump with a pre-programmed massage setting, a water fall, an aroma therapy device and an atomizer, as well as any lighting and multimedia components…”)
Brochu does not teach the amended portion of that the variable speed pump controls another pool or spa device based on parameters transmitted to the variable speed pump. However, Stiles does teach wherein the variable speed pump (Col. 3, lines 31: “An example variable-speed pumping system 10…”) is configured to control one or more pool or spa devices remote from the variable speed pump based on one or more parameters transmitted to the variable speed pump and relating to the one or more pool or spa devices. (Col. 1, lines 52 – 55: “…two-way communication between the pool pump and various auxiliary devices could to permit the pump to alter operation in response to the various performance characteristics required by the various auxiliary devices.” Col. 2, lines 24 – 31: “The pumping system further includes an auxiliary device operably connected to the means for controlling, and means for providing two-way communication between the means for controlling and the auxiliary device. The means for controlling is capable of receiving a parameter from the auxiliary device through the means for providing two-way communication, and is operable to selectively alter operation of the motor based upon the parameter.” Col. 2, lines 42 – 44: “The means for controlling is capable of receiving a plurality of parameters from the auxiliary devices through the means for providing two-way communication… “ Col. 14, lines 54 – 60: “…wherein the pump controller delays operation of an automatic pool cleaner until after a filter has been cleaned. The pumping system of claim 1, and further comprising at least one remote auxiliary device in communication with at least one of the control system and the pump controller.” Col. 13, lines 42 – 43: “…the pump controller coupled to at least one of the pump and the motor…” See also supporting paragraph: Col. 7, lines 19 – 37 – examples of auxiliary devices; Col. 11, lines 15 – 31 and Col. 14, lines 61 – 64.)
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 of monitoring and controlling pool equipment such as a variable speed pump via a wireless communication system as in Brochu with a system and method of a variable speed pool pump and control means (a pump controller that is coupled to a variable speed pool pump) that communicates with other auxiliary devices and receives parameters from auxiliary devices and controls the pool auxiliary device(s) and to control the motor of the variable speed pump based on the parameters from the auxiliary device as in Stiles in order to control auxiliary devices that require different pump performance characteristics and/or flow rates and to control the pump based on parameters of other auxiliary pool devices. (Col. 1, lines 33 – 59)
Regarding claim 13,
The previously cited references teach the limitations of claim 1 which claim 13 depends. Brochu also the pump controller receives information from one or more temperature sensors. (Par. 0012: “The network-enabled controller comprises a network interface and a memory storing operational settings information associated with the bathing unit, the operational settings information including water temperature settings.” Par. 0026: “The auxiliary device comprises a controller interface for establishing a communication link with the controller of the bathing unit and a memory storing operational settings information received over the controller interface and associated with the bathing unit, the operational settings information including water temperature settings.” Par. 0047.)
Regarding claim 14,
The previously cited references teach the limitations of claim 1 which claim 14 depends. Brochu also teaches that the information received from the one or more temperature sensors is processed to determine if there is a freeze risk. (Par. 0003, last sentence: “For example, in cold climates where temperatures fall below the freezing point of water, the absence of heat and circulating water in the circulation pipes may freeze and cause cracks in the pipes.” See the full 0003 paragraph. See also Pruchniewski cited below and Par. 0138: “The firmware of the control system 2 can also provide interlocks and freeze protection to a variety of devices that can be connected thereto. The firmware allows the user to select and configure interlocks that prevent any output from changing state unless the interlocking condition is corrected. The firmware provides an interface that allows the user to configure a freeze protect temperature for the system.” See also Pruchniewski Par. 0147.)
Regarding claim 15,
The previously cited references teach the limitations of claim 1 which claim 15 depends. Brochu also teaches that the pump controller is configured to receive one or more control parameters from a local pool or spa control system. (Par. 0082: “The spa functionality controller 34 is configured for controlling the distribution of power supplied to the various bathing unit components 11, 13, 26, 28, 30 in order to cause desired operational settings to be implemented on the basis of program instructions and signals received from the user control panel 31 or from a device external to the system 10 through the network processing unit 40. The spa functionality controller 34 may also receive control signals from various sensors 71 in order to cause the desired operational settings to be implemented. Manners in which the spa functionality controller 34 can be used to control the individual bathing unit components of the bathing system, such as for example the jets 20, the drains 22, the heating module 30, the water pumps 11 and 13, the filter 26, the air blower 24, a valve jet sequencer for massage, a variable speed pump with a pre-programmed massage setting, a water fall, an aroma therapy device and an atomizer, as well as any lighting and multimedia components, are well known in the art and are not critical to the invention and as such will not be described in further detail here.”)
Regarding claim 16,
The previously cited references teach the limitations of claim 15 which claim 16 depends. Brochu also teaches that the pump controller controls operation of the variable speed pump based on the one or more control parameters received from the local pool or spa control system. (Par. 0012: “The network-enabled controller comprises a network interface and a memory storing operational settings information associated with the bathing unit, the operational settings information including water temperature settings.” Par. 0026: “The auxiliary device comprises a controller interface for establishing a communication link with the controller of the bathing unit and a memory storing operational settings information received over the controller interface and associated with the bathing unit, the operational settings information including water temperature settings.” Par. 0031: “processor is programmed for obtaining operational settings information associated with the bathing unit through the controller interface and for transmitting to the controller through the controller interface commands for controlling bathing unit components in the bathing unit.” Par. 0026 and 0047.)
Regarding claim 17,
The previously cited references teach the limitations of claim 1 which claim 17 depends. Brochu also teaches that the mobile device includes user interface configured to display one or more of the operational parameters of the variable speed pump and configured to receive one or more control parameters for controlling the variable speed pump. (Par. 0018: “In specific examples of implementation the processor of the network-enabled controller is programmed for processing various messages originating from the remote control client. Such messages may include for example status request messages for obtaining information related to operational parameters of the spa and commands for modifying one or more operational parameters of the spa. Optionally, the processor of the network-enabled controller may be programmed for performing an authentication of the remote control client at least in part by processing the messages received from the remote control client at the network-enabled controller. In such cases, the processor may be programmed for selectively taking an action corresponding to the message received in dependence on results obtained by performing the authentication of the remote control client from which the received message originated. Such authentication allows limiting monitoring and/or control capabilities to certain specific remote control client and/or users and prevents other remote control client and/or users from controlling and/or obtaining information associated with the network-enabled controller. In an alternate implementation, authentication functionality may be omitted from the network-enabled controller and be performed at the gateway. In such alternate implementations, the gateway would selectively forward a given message to the network-enabled controller in dependence on results obtained by performing the authentication of the remote control client.” Par. 0019: “In specific examples of implementation, the remote control client may be operating on a network-enabled personal computing device such as a smart phone, a computer tablet or a personal computer for example.” See also Pruchniewski Par. 0102 and 0136.)
Regarding claim 18,
The previously cited references teach the limitations of claim 1 which claim 18 depends. Brochu also teaches that the cloud-based server receives operational parameters related to one or more additional devices. (Par. 0092: “FIG. 3 shows a functional block diagram of the server 230 in accordance with a non-limiting example of the present invention. As shown, the server 230 includes a processor 600 and memory unit 602 connected by a communication bus. The memory unit 602 includes data 608 and program instructions 610. The processor 600 is operative for processing program instructions 610 and data 608 stored in the memory unit 602 for implementing the functionality of the server 230. The server 230 also includes one or more I/O interfaces 604 for communicating with external devices including one or more network-enabled spa controllers, such as network-enabled spa controller 24, and one or more devices implementing remote control clients, such as personal computing device 1200 implementing remote control client 250. It is to be appreciated that although the server 230 has been depicted as a single physical device with a single processor in FIG. 3, in practical implementations server 230 may be implemented by a single physical device with one or more processors or by multiple physical devices each having one or more processors. In the case were the server is implemented by multiple devices, the latter may reside in a same location or in different locations.” Par. 0126, 0160, and 0193; See also Brochu claims 19 and 23.)
Claims 2, 3, and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Brochu in view of Stiles in further view of Uy et al. (PG Pub. No. 20170364100), herein “Uy.”
Regarding claim 2,
The previously cited references teach the limitations of claim 1 which claim 2 depends. Brochu doesn’t teach direct wireless communication between a device and the communication subsystem. However, Uy does teach that the wireless communication subsystem is configured to receive the one or more control parameters from the device via a direct wireless connection therebetween. (Par. 0018: “As an example, a pool servicing technician may desire to control equipment 22 on-site temporarily for troubleshooting purposes or to ensure a hardware or software correction has been implemented correctly. Even if the technician is unable to access the Internet or router 20, he or she may use a properly-credentialed device 14 to bypass communications paths W1, W4, and W5 and communicate directly with controller 18 via path W3. Further, this direct communication may occur without resetting controller 18, so the controller 18 may continue to recognize appropriate Internet-based communications occurring via paths W4 and W5. Indeed, subject to implementation of appropriate rules should it receive conflicting information, controller 18 may communicate via paths W4 and W5, paths W6 and W5, and path W3 (and with more than one properly-credentialed device 14) simultaneously if desired.” Par. 0017: “Hence, a user of device H may communicate with controller 18 to control equipment 22 either via the Internet (using communications paths W1, W4, and W5) or directly (using communications path W3). Alternatively, device 14 may communicate directly with router 20 (using communications path W6) and thence with controller 18 (via path W5), Communication via the Internet may be especially advantageous when the user of device 14 is remote from equipment 22. By contrast, bypassing the Internet may be beneficial when the user of device 14 cannot access the Internet or a nearby router 20.” See also claim 1 of Uy and figure 1. See also paragraph 0006 that teaches a device may be a variable speed pump. Examiner’s Note – See also Stiles Col. 9, lines 42 – 48.)
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 of monitoring and controlling pool equipment such as a variable speed pump via a wireless communication system as in Brochu with a system and method of a variable speed pool pump and control means (a pump controller that is coupled to a variable speed pool pump) that communicates with other auxiliary devices and receives parameters from auxiliary devices and controls the pool auxiliary device(s) and to control the motor of the variable speed pump based on the parameters from the auxiliary device as in Stiles with a system and method of controlling pool and spa equipment by direct wireless communications from a device as in Uy in order to avoid the need for additional equipment necessary for complex communications. (Par. 0005)
Regarding claim 3,
The previously cited references teach the limitations of claim 2 which claim 3 depends. Even though Uy does not specifically teach WiFi or Bluetooth connection, this type of wireless communications is known in the art and Brochu does teach the direct wireless connection is a Bluetooth or a WiFi connection in paragraph 0083: “…the network interface 68 includes a wireless antennae suitable transmitting signal in a WiFi network.”)
Regarding claim 6,
The previously cited references teach the limitations of claim 1 which claim 6 depends. Brochu does not teach an RS-485 connection. Uy does teach that the network communication system includes an RS-485 communications interface. (Par. 0019: “In at least some versions of the invention, controller 18 may include a (real or virtual) pushbutton switch or other means allowing a user to select among its communications paths W3 or WS. Controller 18 also beneficially may utilize the RS-485 protocol in communicating with equipment 22.” Examiner’s Note – Also see Stiles Col. 9, line 14.)
Claims 4 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Brochu in view of Stiles in further view of Khalid et al. (PG Pub. No. 20170170979), herein “Khalid.”
Regarding claim 4,
The previously cited references teach the limitations of claim 1 which claim 4 depends. They do not teach an LED light indicating status of the network. However, Khalid does teach that the network communication system includes one or more LEDs configured to indicate a status of the network communication system. (Par. 0079: “For example, the wireless adapter 106 may have an LED which can be activated to alert a user to the status of the connection to the cloud based server 112. For example, the LED can be activated when the connection to the cloud based server 112 is established. As another example, the LED can be activated when the connection to the cloud based server 112 cannot be established (and/or has become disconnected). As yet another example, a first LED (e.g., a yellow LED) can be activated when the wireless adapter is attempting to establish the connection to the cloud based server 112, a second LED (e.g., a green LED) can be activated when the connection to the cloud based server 112 is established, and a third LED (e.g., a red LED) can be activated when the connection to the cloud based server 112 cannot be established or has become disconnected.” See also Abstract, and paragraph 0062 that teaches the system is used to control pool equipment such as a 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 of monitoring and controlling pool equipment such as a variable speed pump via a wireless communication system as in Brochu with a system and method of a variable speed pool pump and control means (a pump controller that is coupled to a variable speed pool pump) that communicates with other auxiliary devices and receives parameters from auxiliary devices and controls the pool auxiliary device(s) and to control the motor of the variable speed pump based on the parameters from the auxiliary device as in Stiles with with a system and method of controlling pool equipment wherein the system details an LED indicating the status of the connection as in Khalid in order to quickly determine if there is a connection problem. (Par. 0079)
Regarding claim 5,
The previously cited references teach the limitations of claim 1 which claim 5 depends. They do not teach an LED light indicating status of the wireless network. However, Khalid does teach that the network communication system includes one or more LEDs configured to indicate a status of the wireless network communication subsystem. (Par. 0079, line 1: “If the message is determined to be a connection status, the wireless adapter 106 can read the connection status message at process block 512. A connection status message can allow the wireless adapter to determine if there is a connection problem with the wireless gateway 110. For example, if the wireless gateway 110 loses the connection to the cloud based server 112, the wireless gateway 110 can relay that message to the wireless adapter 106. If there is a connection status problem, such as lost communication, the wireless adapter can set a flag at process block 514. In some embodiments, the wireless adapter 106 may have an indicator to provide notice to a user that there is a communication issue. For example, the wireless adapter 106 may have an LED which can be activated to alert a user to the status of the connection to the cloud based server 112.” See full paragraph 0079.)
Claims 7, 8, 11, and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Brochu in view of Stiles in further view of Ortiz et al. (PG Pub. No. 20110280744), herein “Ortiz.”
Regarding claim 7,
The previously cited references teach the limitations of claim 1 which claim 7 depends. They do not teach a pump that includes a user interface. However, Ortiz does teach that the variable speed pump includes a user interface device including a touchscreen. (Par. 0003: “Various controllers have, in the past, been developed for pools. One example is a controller that controls a variable speed pump and automatically adjusts the speed of the pump based on operating conditions. The controller typically includes a user interface (e.g., keypad) for allowing a user to interact with a stored control program for controlling the variable speed pump. Some of these user interfaces are mounted to the pump in only one orientation. Other user interfaces are mounted remotely from the pump.” See figure 1. See also Par. 0002, 0004 – 0011 and 0030.)
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 of monitoring and controlling pool equipment such as a variable speed pump via a wireless communication system as in Brochu with a system and method of a variable speed pool pump and control means (a pump controller that is coupled to a variable speed pool pump) that communicates with other auxiliary devices and receives parameters from auxiliary devices and controls the pool auxiliary device(s) and to control the motor of the variable speed pump based on the parameters from the auxiliary device as in Stiles with with a system that has a controller used for pool systems where a controller that includes a user interface coupled to the variable speed pump as in Ortiz in order to have a user easily access and control the pump. (Par. 0005 and 0008.)
Regarding claim 8,
The previously cited references teach the limitations of claim 7 which claim 8 depends. Ortiz also teach that the user interface device is configured to receive control parameters for controlling one or more pool or spa devices. (Par. 0047: “…the remotely positioned interface module 28 is in communication with the electrical components through a wireless connection.” See also Par. 0030 and 0038 - 0040.)
Regarding claim 11,
The previously cited references teach the limitations of claim 8 which claim 11 depends. Ortiz also teaches that the one or more pool or spa devices include one or more of the variable speed pump, a single speed pump, a heating system, a sanitization system, a water feature, a valve actuator, a cleaner, and a lighting system. (Par. 0002: “…The present disclosure relates to an universal mount, and more particularly, to an universal mount for a variable speed pump drive user interface.” Par. 0006. See also Par. 0027 that teaches other devices to be controlled.)
Regarding claim 12,
The previously cited references teach the limitations of claim 1 which claim 12 depends. Ortiz teaches a housing enclosing the variable speed pump, the pump controller, and the network communication system. (Par. 0033: “The drive assembly 26 further includes a housing 44 positioned over the enclosure 34. The housing 44 has side walls 46 and a rear wall 48. The housing 44 has an opening 50 for allowing access to the electrical components situated in the enclosure 34. A wiring compartment cover 52 is provided to close off the opening 50 formed in the housing 44.” Par. 0034 – 0035, 0038, 0041, and 0046.)
Claims 9 – 10 are rejected under 35 U.S.C. 103 as being unpatentable over Brochu in view of Stiles in further view of Ortiz 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 9,
The previously cited references teach the limitations of claim 8 which claim 9 depends. They do not teach a relay. However, Pruchniewski does teach that the one or more pool or spa devices are controlled via one or more integral relays of the variable speed pump. (Par. 0005: “For a pool or a spa to operate on a daily basis, several devices are required. This often includes pumps, heaters, filters, cleaners, lights, etc. To provide automation for these components, it is known in the art to control such devices by a microprocessor-based controller that provides switching instructions to various relays connected to such device.” Par. 0006: “Additionally, controllers generally are restricted to the number of devices that can be connected thereto. For example, a controller can only have a pre-defined number of relays/ports that accept devices to be controlled, and/or can be limited by the total number of devices connected to the controller. As such, if a user wishes to expand the operation of his/her pool or spa, e.g., by adding additional lights, pumps, heaters, solar arrays, etc.,” See Paragraphs 0007 – 0010, 0040, 0041, 0043, 0049, 0055, 0058, 0087, 0115, and 0134 – 0139. Examiner’s Note – Pruchniewski teaches 334 instances of “relay” in the disclosure.)
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 of monitoring and controlling pool equipment such as a variable speed pump via a wireless communication system as in Brochu with a system and method of a variable speed pool pump and control means (a pump controller that is coupled to a variable speed pool pump) that communicates with other auxiliary devices and receives parameters from auxiliary devices and controls the pool auxiliary device(s) and to control the motor of the variable speed pump based on the parameters from the auxiliary device as in Stiles with a system that has a controller used for pool systems where a controller that includes a user interface coupled to the variable speed pump as in Ortiz with using a relay to control the variable speed pool pump as in Pruchniewski in order to expand the capabilities of the controller with additional actuators, sensors or other components. (Par. 0010)
Regarding claim 10,
The previously cited references teach the limitations of claim 8 which claim 9 depends. They do not teach a relay. However, Pruchniewski does teach that the one or more pool or spa devices are controlled via one or more integral relays based on operational parameters of the variable speed pump. (Par. 0116: “The expansion modules are not limited to just an I/O expansion module 626, but instead, could be a chlorinator expansion module that allows for the further expansion of the chlorination capabilities of the control system 2. For example, a chlorinator expansion module can allow for an additional chlorinator ("T-cell") to be attached to the system. Alternatively, the expansion module can be an energy management module that includes an algorithm to operate connected devices in a "green mode" to optimize multiple sources of energy or sources of heat based on environmental sensing, Internet forecasting, wind magnitude and direction, electric or gas rates retrieved from the internet, user input, target temperatures, etc. The energy management module can determine pump speeds to minimize pump costs, but retain appropriate functionality, automatically shutoff devices when not used, or determine an energy bill alert for over usage of heaters or other features. In this regard, the energy management module can monitor or compute the electrical consumption of various connected devices based on known consumption and run time, and can provide real-time energy and periodic/historical usage of the devices. Alternatively, the energy management module can sense the mains wiring and determine actual load calculations therefrom. From these calculations the energy management module could learn the individual relay load based on calibration procedure or continuous calibration. Further, the energy management module can be used for increased filtration efficiency by taking the chlorination requirements, gallons of pool water, and hours entered, and calculate the turnover rate at the lowest possible speed to achieve the turnover rate. Additionally, the energy management module can send pool cover advice to the pool owner, shut down a water feature in high wind, select a best skimmer to utilize, or turn on a cleaner at a cost efficient time. The expansion modules can also be an SVRS expansion module where a non-SVRS pump is retrofit with an SVRS accessory, and the SVRS expansion module operates the SVRS accessory.” Par. 0134: “As discussed previously, the control system 2 is capable of controlling various devices associated with a pool/spa, including, but not limited to: heaters, chemistry sense and dispense systems, variable speed pumps, and lights. When a heater is connected to the control system 2 along with a variable speed pump, the control system 2 will permit a user to specify a minimum pump speed for optimal heater functionality. Alternatively, where sensors are installed with the system, including at the input and output of the heater and the variable speed pump, the control system 2 could determine the minimum pump speed for optimal heater functionality and could vary the speed of the pump to maintain an efficient temperature rise in the pool/spa. This could be presented as an option to the user. The control system 2 can also include energy management algorithms, as discussed previously, and heater control algorithms that can prioritize heating elements. For example, where there are solar collectors connected to the pool/spa system for solar heating, the control system 2 can execute an algorithm that will give priority to solar heating, and pump pool water through the solar collectors, when possible. This solar heat control can involve the control system 2 controlling a valve to send water to the solar collectors and/or the selection of a relay to operate a booster pump to send water to the panels. Additionally, the control system 2 can be programmed to determine the minimum flow requirements for the solar collectors, and operate a variable speed pump at the required speed.” See also Par. 0146.)
Claims 19 – 20 are rejected under 35 U.S.C. 103 as being unpatentable over Brochu in view of Stiles in further view of Murdock (WO 2015/116035 A1), herein "Murdock," published before the effective filing date of the instant application.”
Regarding claim 19,
The previously cited references teach the limitations of claim 1 which claim 19 depends. Murdock teaches that the cloud-based server determines one or more of the control parameters based on one or more of the operational parameters of the variable speed pump. (Page 33, line 8 – Page 34, line 5: “ Once the replicated control panel condition is created in the GUI 260, the local application transmits same to the diagnostic server 252, for processing by the diagnostic software engine 254. Based upon the replicated conditions generated in the GUI 260, the diagnostic software engine 254 formulates a solution to the problem, and transmits the solution to the local computer 258 for subsequent display to the user. An explanation of the error condition could also be provided to the user. Of course, the functionality provided by diagnostic software engine 254 could be provided within the local computer system 258, such that communication with the diagnostic server 252 is not necessary. It is noted that the local computer system 258 could also include a microphone 262 and a camera 264, both or either of which could be used to obtain information about the malfunctioning equipment 266. Thus, for example, if a pump is making a high-pitched whining noise, the user could record the sound using the microphone 262 and transmit the recorded sound to the diagnostic server 252 using the local application, whereupon the recorded sound is processed by the software engine 254 (e.g., the recorded sound is compared to a database of sounds made by pumps which are indicative of various conditions) and a solution to the problem is generated and transmitted back to the local computer system 258 for display to the user. Also, for example, a picture of the current operating conditions of the equipment 266 could be taken using the camera 264, and transmitted to the diagnostic server 252. Using image processing, the software engine 254 could analyze the picture to determine the error condition, and a solution could be generated and transmitted to the local computer system 258 for display to the user.” See also Page 34 lines 6 – 18.)
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 of monitoring and controlling pool equipment such as a variable speed pump via a wireless communication system as in Brochu with a system and method of a variable speed pool pump and control means (a pump controller that is coupled to a variable speed pool pump) that communicates with other auxiliary devices and receives parameters from auxiliary devices and controls the pool auxiliary device(s) and to control the motor of the variable speed pump based on the parameters from the auxiliary device as in Stiles with a system that includes a diagnostic server that can analyze parameters and send a solution including control parameters as in Murdock in order to create a solution to a possible malfunctioning variable speed pump. (Page 34, lines 4 – 5)
Regarding claim 20,
The previously cited references teach the limitations of claim 19 which claim 20 depends. Murdock also teaches that the cloud-based server determines one or more of the control parameters based on one or more of the operational parameters of the variable speed pump and one or more operational parameters related to one or more additional devices. (Moreover, the GUI 260 could include a three-dimensional model of the user's pool/spa, and the user could re-create 10 the present configuration of the pool/spa and condition of associated equipment using the model. For example, the user can "drag-and-drop" representations of items such as a pool skimmer, main drain, lights, stairs, and other pool features into the model. Once the model is created, an algorithm ( executing locally on the local computer system 258, or remotely on the diagnostic server 252) can analyze the model and recommend a specific manner in which to operate 15 pool/spa equipment in order to obtain better results (e.g., it could recommend better ways of operating a pool/spa cleaner (or of programming same) based upon the model created by the user). Further, the algorithm could produce a new cleaning program based upon the model, which could be downloaded to a robotic pool cleaner (e.g., via USB, wirelessly, etc.).” Examiner’s Note – Even though Murdock does not explicitly state “operational parameters,” page 34 teaches a server that uses a model to control a plurality of pool/spa equipment. The server obtains information from a camera (Fig. 17, item 264) or a micro phone (Fig. 17, item 262) and performs diagnostics and uses a model to control various pool devices including a variable speed pump.
Response to Arguments
Applicant’s arguments with respect to all claims have been considered but are moot because the arguments do not apply in light of the new reference being used in the current rejection necessitated by amendment. Specifically, the new reference, Stiles teaches a pump controller (or control means) that is coupled to the pump (Col. 13, lines 43 – 44) and communicates with auxiliary pool devices and is able to control the auxiliary devices based on parameters received from the auxiliary devices. The means for controlling is coupled to the variable speed pump instead of being directly part of the variable speed pump as disclosed in instant application figure 16B (item 4514a). However, this does not make the claim elements novel and non-obvious under MPEP §2144.04(V)(B) or (C) – Making Integral or Making Separable. As stated above the 35 USC 112(b) rejections are rescinded. Stiles was necessitated by amendment and therefore this is a final action.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Steinbrueck et al. (US PB Pub. No. 20090200245) teaches a user interface that is attached to a swimming pool chemistry controller wherein the chemistry controller also provides control signals to a variable speed pump. (See Par. 0027 and claim 22.)
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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/CHAD G ERDMAN/ Primary Examiner, Art Unit 2116