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 - 27 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Given the amendments and arguments the 35 U.S.C. 112(a) and 35 U.S.C. 112(b) rejections are rescinded.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 network communication subsystem," coupled with functional language "operatively coupled to the processor," that are not modified by sufficient structure, material, or acts for performing the claimed function. However, the written description of the specification implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function. A review of the specification shows that the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112(f) limitation: Paragraph 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.
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 – 7 and 20 – 27 are rejected under 35 U.S.C. 103 as being unpatentable over Taylor (US PG Pub. No. 20120022709), herein “Taylor,” in view of Pruchniewski et al. (US PG Pub. No. 20140303782), herein “Pruchniewski” in further view of Levin et al. (US PG Pub. No. 20080003114), herein “Levin.”
Regarding claim 1,
Taylor teaches a system for power distribution and control of pool or spa devices, comprising: (Par. 0027: “The load control devices 16 may control various appliances 24 such as air conditioning units, heaters, furnaces, refrigerators/freezers, water heaters, dishwashers, pool pumps, or any other desired appliance. The sensors 20 may include indoor temperature sensors, outdoor temperature sensors, humidity sensors, or other desired sensors. The programmable thermostat 18 is illustratively coupled to an HVAC system 26 including air conditioning units and heaters or furnaces.”)
one or more relays (load control device 16 and relays within the load control device) coupled between a breaker panel and one or more pool or spa devices, (Fig. 19 shows that the load control device with the relays is coupled between the electrical panel and the appliance which may be a pool pump.)
the one or more relays configured to selectively provide power from the breaker panel to the one or more pool or spa devices (pool pump) to control operation thereof; (Par. 0027: “The load control devices 16 may control various appliances 24 such as air conditioning units, heaters, furnaces, refrigerators/freezers, water heaters, dishwashers, pool pumps, or any other desired appliance. The sensors 20 may include indoor temperature sensors, outdoor temperature sensors, humidity sensors, or other desired sensors. The programmable thermostat 18 is illustratively coupled to an VAC system 26 including air conditioning units and heaters or furnaces.”)
and a network communication subsystem (Par. 0062, two-way communication module 102 shown in FIG. 11.) operatively coupled to the processor, (microprocessor) the network communication subsystem: (See Fig. 11. )
(i) establishing a network connection between the processor and a communications network; (Par. 0062: “A microprocessor or other controller 104 of the load control device 16 is coupled to communication module 102. Microprocessor 104 is illustratively programmed with protocol logic such as ACP or DR two-way protocol control logic available from Corporate Systems Engineering. In addition, sensor monitoring device control logic and auxiliary device control logic are provided.”)
(ii) providing for remote monitoring of the one or more relays over the communications network; and (Par. 0065: “The load control device 16 of the illustrated embodiment provides demand response control over remote equipment. The device operates on various types of two-way communications as discussed herein. In addition, the load control device 16 monitors, records and transmits host voltage, amperage, and line frequency of a load at predetermined adjustable or customizable intervals. The load control device 16 may report this data on request. The load control device 16 provides remote auditing and load shed verification and reporting and is tamper evident.” See also Pruchniewski Par. 0013, 0125, and 0127 (last sentence).)
(iii) providing for control of the one or more relays over the communications network from a remote location. (Par. 0009: “In yet another illustrated embodiment of the present disclosure, an electrical load control management system comprises a load control device configured to selectively reduce the power supplied to an appliance in response to a demand response event received from a utility's computer at a remote location. The load control device is configured to measure line voltage and current supplied to the appliance at predetermined time intervals. The load control device is also configured to calculate power from the measured line voltage and current values before and after the demand response event to determine a direct load shed measurement corresponding to the demand response event.” Par. 0028: “Therefore, the consumers may control the load control devices 16 and programmable thermostats 18 and monitor operation of the system through a computer coupled to the communication network 14 from any location including a remote location from a building where the load control device 16 and programmable thermostat 18 are located.” Par. 0002: “As energy utilities cope with increasing energy demand and increasing costs for purchasing energy such as electricity, the popularity of a utility-sponsored demand response programs has increased. Such demand response programs typically use programmable thermostats and/or load control devices to control appliances at a customer location. Specifically, the utility may selectively shut off certain appliances or reduce the power drawn by such appliances during peak power demand times. Utilities typically implement demand response programs when energy consumption peaks which strains the electric grid, resulting in higher prices for both utilities and customers.” See also Par. 0003 and claim 18.)
Taylor implicitly teaches that the microprocessor 104 controls the relays, but Pruchniewski explicitly teaches the portion that a processor in communication with the one or more relays, (Par. 0049, second sentence: “The 115, 230 or 208 VAC input voltage is converted to 24 VAC or 24 VDC for activating pump motor relays by a transformer 314.”) the processor configured to control operation of the one or more relays, the processor thereby controlling operation of the one or more pool or spa devices; (Par. 0007: “A programmable modular relay pack can be inserted into the relay bank socket of the main panel and connected to the main panel processor. The system automatically identifies the relay pack and permits a user to assign one or more functions and/or devices to be controlled by the relay pack, using the local terminal. The programmable modular relay pack includes a relay bank processor and a plurality of high voltage relays for connection with various pool or spa devices. When the programmable modular programmable relay pack is inserted into the at least one relay bank socket, it engages in a handshake with the main panel processor such that the processor recognizes the modular programmable relay pack and can control operation thereof.”)
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 load management system that controls power to an appliance that may be a pool device such as a pump via a load control device that has relays, a microprocessor, and a communications module as in Taylor with a programmable relay that is in communication with a processor and can be controlled remotely as in Pruchniewski in order to have a programmable relay pack that can be inserted into a relay bank, be automatically discovered, and have a user assign functions and/or control the functions of devices controlled by the relay pack.
Taylor and Pruchniewski do not teach the amended portion of a relay enclosure with a processor and mounting separate from the breaker panel. However, Levin teaches a relay enclosure (Par. 0015: “FIG. 14 is a front view of a control system of the drain safety and pump control apparatus of FIG. 12 with the enclosure door opened to show the operator panel.” Figure 14. See figures 12 and 13, items 410 and 510.) enclosing the one or more relays, (Par. 0054: “…plurality of terminal pairs to pump motor relays (contactors)…”) the processor, (microprocessor 322) and the network communication subsystem, the relay enclosure (Par. 0052: “The controller circuit 310 and connections thereto may be housed in a wall-mounted enclosure made from metal and having a grounding lug to which a connection to earth ground is made.” Par. 0049: “An LCD display 324, e.g., a sixteen-character by two-line display, is utilized to display messages from the microprocessor 322 to the operator. A USB port 326 and a USB controller 328 allow data communication between the controller circuit 310 and another computer or data storage device (not shown), e.g., to program the microprocessor 322 or to read data stored in a memory 339, as well as to download the historical events stored in the memory. … “ In addition to communication through the USB port 326, the controller circuit 310 also includes an RS-485 transceiver 330 and bus 332 (FIG. 10) for connection to another pool/spa controller, such as the controller 65, that has been previously installed on a pool/spa system.” ) configured for: (i) mounting at a pool or spa location remote from the breaker panel; (Par. 0052: “The controller circuit 310 and connections thereto may be housed in a wall-mounted enclosure made from metal and having a grounding lug to which a connection to earth ground is made.” See figures 12 and 13 that show the control device (310, 410, and 510) has an enclosure and is mounted separately and remote from the pool pump.) and (2) accepting power conduits from the breaker panel and the one or more pool or spa devices. (Par. 0054: “In preparation for installing the present invention in an existing pool/spa/ system, any existing check valves are removed from the suction lines, e.g., suction lines 18, 28. Check valves are frequently used to allow pumps, such as the pump 30, that are installed above the water level of the pool/spa to maintain prime after the pump has been turned off. In order for the present system to work effectively, check valves must be removed that would impede venting the suction conduit 28 to atmosphere or delivering a pressurized back flow of water from the accumulator 147. Before connecting electrical power to the system, the housings of the controller 48, 148 would be opened to access the DIP switches 348, which are set to indicate language preference, to indicate whether there is a one or two speed pump, the input voltage for the controller (selected by switch S1 on the PCB board) and other voltage loads, to indicate if a booster pump, such as the pump 68, is present in the system and to indicate whether the vacuum release systems 39, 139 will control the running of the pump(s) 30, 130, 68 on a time schedule or schedules, as applicable, etc. In order to connect the controllers 48, 148 to the power supplies 54, 154, respectively, to the vacuum sensor/transducers 46, 146 and to the pumps 30, 130, 68, the panel protecting the high voltage terminals in the controller housing is removed. The technician can then connect: (1) a remote stop switch, which is normally closed in "run" mode; (2) the terminal pair for a remote alarm relay (normally open--115 volts @5 Amps); a plurality of terminal pairs to pump motor relays (contactors); and the AC power source (115, 208 or 230 VAC). The power cables to the one or two speed pumps 30, 130 and optional booster pump 68 are connected to AC contactor terminals, routed through the bottom of the housing and connected to the respective pump motors. The pump motors are typically rated at up to 1.5 hp at 115 volts or 3 hp at 208 or 230 volts. In the event that a higher power pump is utilized, the contactors can be used in series with the pump motor starters. Each of the motor contactors is controlled by a separate I/O pin of the microprocessor 322. The housings of the controllers 48, 148 are grounded to the electric supply circuit breaker/fuse boxes 54, 154, respectively and also to the bonding system for the pool/spa, if available. The housings can then be reassembled and power to the systems 39, 139 can be turned on. The voltage sensing function of the system is immediately operative and will confirm that suitable voltage is present to power the controllers 48, 148, the solenoid valves 42, 44, 155 and the pumps 30, 130, 68 via a message displayed on the displays 62, 162, respectively.” Examiner’s Note - See also the complete paragraphs 0049, 0052, 0060, and figures 10 and 11 that show the control box contains the relays (contactors) and the microprocessor (item 322). Figures 12 and 13 show the controller enclosure 410 and 510 coupled to a circuit breaker box (416 and 516).)
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 load management system that controls power to an appliance that may be a pool device such as a pump via a load control device that has relays, a microprocessor, and a communications module as in Taylor with a programmable relay that is in communication with a processor and can be controlled remotely as in Pruchniewski with a control enclosure that contains relays for a pool pump, wherein the enclosure is mounted away from a circuit breaker panel and is coupled to the breaker panel, wherein the enclosure also contains a microprocessor and communication circuitry as in Levin in order to have a system to control a pool pump with easy access to dips switches and other control items for technicians or the owner/operator. (Par. 0054 and 0055)
Regarding claim 2,
The previously cited references teach the limitations of claim 1 which claim 2 depends. Pruchniewski also teaches that the one or more relays comprise one or more high-voltage relays. (Par. 0049: “The standard relay connector 40 and the auxiliary relay connectors 42 can have multiple control methods available, which are dependent on the configuration, including manual on/off, time clock (where the user has the ability to set an on/off time in a menu so that the relay can automatically turn on/off), countdown timer, and automatic control. Further, high voltage relays can be controlled in one or more of the following ways:…”)
Regarding claim 3,
The previously cited references teach the limitations of claim 1 which claim 3 depends. Pruchniewski also teaches that the one or more relays comprise one or more low-voltage relays. (Par. 0049: “Additionally, low voltage relays can be used for any purpose including, but not restricted to, heater control. The low voltage relays can be controlled from a group, as a dumb heater control, or as a general low voltage output.”)
Regarding claim 4,
The previously cited references teach the limitations of claim 1 which claim 4 depends. Taylor also teaches that the one or more relays are external to the breaker panel. (See figure 19.) (Examiner’s Note – See also Levin figures 12 and 13 that shows the control device/enclosure that encompass the relays that are external to the AC circuit breaker panel (item 416).)
Regarding claim 5,
The previously cited references teach the limitations of claim 1 which claim 5 depends. Taylor also teaches that each of the one or more relays (load control device 16 that also contains relays) comprises a communications interface configured to establish a network connection with the communications network. (Par. 0062: “FIG. 11 is a block diagram illustrating a load control device 16 for communicating with the demand response control system of FIG. 2. Main computer 32 communicates with the load control device 16 via two-way communication module 102 shown in FIG. 11.”)
Regarding claim 6,
The previously cited references teach the limitations of claim 5 which claim 6 depends. Pruchniewski also teaches that the processor controls operation of the one or more relays via the communications network. (Par. 0055: “A plurality of the relay packs 32 can be installed in the main panel 4 and the expansion panel 54, in any desired number/combination. The modular relay packs 32 each include a housing 55 and a plurality of relays 56a-56d. Each relay 56a-56d is a general-purpose relay that can be assigned a desired function by the user via the local terminal 28. By way of example, the first relay 56a can be assigned for controlling a pool heater, the second relay 56b can be assigned for controlling a light, the third relay 56c can be assigned for controlling a circulation pump, and the fourth relay 56d can be assigned for controlling a fountain pump. Of course, these functions can be altered as desired. A user can thus control the pool heater, the light, the circulation pump and the fountain pump via the local terminal 28 or, alternatively, by the hand-held remote control unit 58 or a wireless device 61 if such is in communication with the wireless communication subsystem. Further, a single device can be connected to two relays where necessary, e.g., a two-speed pump. As can be appreciated, the relay packs 32 allow for a user-friendly, "plug-and-play" installation and configuration.” Par. 0104: “FIG. 8A is a block diagram illustrating electrical components of an optional wireless terminal 58a of the present disclosure including a radio module. The wireless terminal 58a provides the identical functionality provided by the wired terminal, e.g., allowing a user to interact with the system and program the modular relay packs 32. The wireless terminal 58a includes the wireless terminal PCB 500 that holds a terminal processor 502, which is a microprocessor unit. The terminal processor 502 includes a central processing unit (CPU) 504, a cache memory 506, a boot read-only memory (ROM) 508, static random-access memory (SRAM) 510, one-time programmable fuses 512, and an on-chip temperature sensing and thermal protection unit 514.” Par. 0040: “IGS. 1-2 illustrate the control system 2 of the present disclosure. As shown in FIG. 1, the control system 2 includes a main control panel 4 for housing various electrical components of the control system 2. The control panel 4 includes a motherboard 6 having a main panel (central) processor 8. The central processor 8 is connected with an internal high speed RS-485 bus 10 and an internal low speed RS-485 bus 12 of the motherboard 6. The high speed RS-485 bus 10 places the central processor 8 in two-way communication with an external high speed RS-485 bus connector 14, a relay bank connector 16, and a local terminal connector 18. The low speed RS-485 bus 12 places the central processor 8 in two-way communication with an external low speed RS-485 bus connector 22, and the local terminal connector 18. Various smart devices 24 could be connected to the external high speed RS-485 bus connector 14, for example, a radio frequency base station, an expansion panel motherboard, an expansion panel relay bank, a wall mount control terminal, etc.” Par. 0086: “The relay bank connector 256 is connected to an RS-485 transceiver 258 of the relay bank PCB 252, which interprets and process the signals received at the RS-485 bus for transmission to the relay bank processor 254. The RS-485 transceiver 258 is connected to a serial port 259 of the relay bank processor 254 and is in two-way electrical communication with the relay bank processor 254 via the serial port 259 connection.” See also Par. 0125, 0127, 0128, 0136, 0137, and 0139.)
Regarding claim 7,
The previously cited references teach the limitations of claim 1 which claim 7 depends. Pruchniewski also teaches that the one or more pool or spa devices include one or more of a pump, a heating system, a cooling system, a sanitization system, and a lighting system. (Par. 0027: “The load control devices 16 may control various appliances 24 such as air conditioning units, heaters, furnaces, refrigerators/ freezers, water heaters, dishwashers, pool pumps, or any other desired appliance.”)
Regarding claim 20,
The previously cited references teach the limitations of claim 1 which claim 20 depends. Pruchniewski also teaches a local pool or spa automation system. (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.” Examiner’s Note – Pruchniewski teaches 28 instances of automatic or automation.)
Regarding claim 21,
The previously cited references teach the limitations of claim 20 which claim 21 depends. Pruchniewski also teaches the processor is in communication with the local pool or spa automation system via the network connection. (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. However, such controllers are often only compatible with specific types of devices. As such, a pool or a spa owner can own a particular controller and then purchase a subsequent heater, only to find out that the heater is not compatible with the controller. In such a circumstances, the pool or spa owner can be forced to purchase a special convertor to make the device compatible with the controller, or to purchase a new compatible device, both options being expensive.” Par. 0061: “The first external RS-485 bus 14 includes a plurality of RS-485 connectors and an RS-485 terminal block, and is in communication with the internal high-speed RS-485 bus. The first external RS-485 bus 14 allows various components, including intelligent/smart devices, to be connected thereto and in two-way communication with the central processor 8. Possible devices for connection include, but are not limited to, heaters, underwater lights, chlorination equipment, a modem, a home automation base station…” Par. 0078.)
Regarding claim 22,
The previously cited references teach the limitations of claim 20 which claim 22 depends. Pruchniewski also teaches that the network connection is a wired network connection. (Par. 0061: “The first external RS-485 bus 14 includes a plurality of RS-485 connectors and an RS-485 terminal block, and is in communication with the internal high-speed RS-485 bus. The first external RS-485 bus 14 allows various components, including intelligent/smart devices, to be connected thereto and in two-way communication with the central processor 8. Possible devices for connection include, but are not limited to, heaters, underwater lights, chlorination equipment, a modem, a home automation base station…”)
Regarding claim 23,
The previously cited references teach the limitations of claim 20 which claim 23 depends. Pruchniewski also teaches that the network connection is a wireless network connection. (Par. 0009 and Par. 0137.”)
Regarding claim 24,
The previously cited references teach the limitations of claim 23 which claim 24 depends. Pruchniewski also teaches that the network connection is a wireless network connection. (Par. 0050: “The wireless communication subsystem provides a wireless communication link between the control unit 8 and a wireless (e.g., handheld) remote control unit 58. The wireless communication link could includes WiFi, Bluetooth, or any other suitable communication means.”)
Regarding claim 25,
The previously cited references teach the limitations of claim 1 which claim 25 depends. Taylor also teaches that the processor of the breaker panel contains pool or spa control logic and controls operation of the one or more pool or spa devices. (Par. 0030: “The microprocessor 56 is programmed with logic to respond to certain demand response event commands sent from the main computer 32 in response to administrator and dispatch programs 34 and 36. The microprocessor 56 is programmed with event logic to provide a temperature offset, a temperature setback, a percentage cycling, or combination of these features. In addition, an optional opt-out feature may be available for use by the consumer if they choose not to participate in a particular demand response event. The utility may put parameters around the availability of logic that will prevent or enable the customer to opt-out. The opt-out parameters are illustratively viewable to the consumer so that the consumer knows how many times the opt-out feature has been used and how many opt-outs are left during a particular period of time.”)
Regarding claim 26,
The previously cited references teach the limitations of claim 20 which claim 26 depends. Pruchniewski also teaches that the local pool or spa automation system contains pool or spa control logic and controls operation of the one or more pool or spa devices via the processor. (Par. 0069: “Alternative to the Z-wave radio functionality, when the main control panel 4 is connected to a home network, the devices connected to the main control panel 4 can be controlled via an already existing home automation system.” Par. 0071.)
Regarding claim 27,
The previously cited references teach the limitations of claim 1 which claim 27 depends. Taylor also teaches that the comprising a data connection established between the processor and the one or more pool or spa devices. (Par. 0004: “The system and method of the present invention facilitates control of programmable thermostats and/or load control devices by both utilities and by consumers. The devices facilitate letting the consumer occasionally opt-out from the demand response program when such cycling on and off an appliance would be inconvenient. The present system and method also provides improved monitoring techniques for data collection and analysis. Such data collection may also be used with control algorithms for controlling the demand response system.” Par. 0029, 0062, and 0063.)
Claims 8 – 11 are rejected under 35 U.S.C. 103 as being unpatentable over Taylor in view of Pruchniewski in further view of Klein et al. (US PG Pub. No. 20150168933), herein “Klein.”
Regarding claim 8,
The previously cited references teach the limitations of claim 1 which claim 8 depends. They do not a cloud based control. However, Klein teaches a cloud-based pool or spa controller via the network connection. (Par. 0025: “FIG. 2 is a schematic block diagram of a computing device 200. The computing device 200 is one example of the computing device 102 shown in FIG. 1. Computing device 200 includes a processing device 202, an input/output device 204, memory 206, and operating logic 208. Furthermore, computing device 200 communicates with one or more external devices 210, for example, the server 104 and/or the control device 110 illustrated in FIG. 1.” Par. 0022: “The server 104 may function as a cloud server having a cloud application installed that is configured to process configuration data and/or facilitate communication via the Internet between the computing device 102 and the router 106 and/or bridge 108. The cloud server application may reside and execute on one or more cloud servers.” Par. 0024: “The server 104 may send commands and/or configuration information to the control device 110 whether the control device 110 is connected directly to the Internet via router 106 or connected via the bridge 108. Further, the bridge 108 may form a mesh network with the control device 110 and/or the one or more operating device(s) 112. The bridge 108 may be connected to the Internet through the router 106, allowing the control device 110 to be connected to the Internet via the mesh network.” See also Par. 0020, 0053 and 0054. Examiner’s Note – Klein does not specifically state a “cloud controller;” however, the server can send commands and configuration information and is coupled very closely with the control device thus acts as a controller. See also Par. 0053 that states the control device 110 is a stand-alone device and thus the server may also be interpreted as such.)
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 load management system that controls power to an appliance that may be a pool device such as a pump via a load control device that has relays, a microprocessor, and a communications module as in Taylor with a programmable relay that is in communication with a processor and can be controlled remotely as in Pruchniewski with a control enclosure that contains relays for a pool pump, wherein the enclosure is mounted away from a circuit breaker panel and is coupled to the breaker panel, wherein the enclosure also contains a microprocessor and communication circuitry as in Levin with a cloud server that acts as a controller by sending command and configuration information to another device wherein the device to be controlled may be a pool pump as in Klein in order to allow control and command from any location with an internet connection. (Par. 0021)
Regarding claim 9,
The previously cited references teach the limitations of claim 8 which claim 9 depends. They do not a cloud based control. However, Klein teaches the network connection is a wired network connection. (Par. 0023: “Communication between control device 110 and the computing device 102 may be a direct communication connection or an indirect communication connection through one or more devices in the wireless network. It is further contemplated that the computing device 102 may be part of or internal to the control device 110, such that the schedule configuration interface is directly displayed on the control device 110. As one example, a thermostat with a GUI may include both the computing device 102 and the control device 110. It is further contemplated that the computing device 102 is a virtual device that consists of a software program application that executes on an electronic device.”)
Regarding claim 10,
The previously cited references teach the limitations of claim 8 which claim 10 depends. They do not a cloud based control. However, Klein teaches wherein the network connection is a wireless network connection. (Par. 0023: “Communication between control device 110 and the computing device 102 may be a direct communication connection or an indirect communication connection through one or more devices in the wireless network. It is further contemplated that the computing device 102 may be part of or internal to the control device 110, such that the schedule configuration interface is directly displayed on the control device 110. As one example, a thermostat with a GUI may include both the computing device 102 and the control device 110. It is further contemplated that the computing device 102 is a virtual device that consists of a software program application that executes on an electronic device.”)
Regarding claim 11,
The previously cited references teach the limitations of claim 10 which claim 11 depends. They do not a cloud based control. However, Klein teaches wherein the wireless network connection comprises one or more of a Bluetooth, Wi-Fi, ZWave, Zigbee, Thread, or Weave network connection. (Par. 0021: “In system 100, the computing device 102 is in communication with the router 106 and/or bridge 108 through the server 104 via the Internet, thereby allowing communication generally from any location with an Internet connection. The computing device 102 may be in communication with the router 106 and/or the control device 110 (e.g., via a WIFI connection) when the computing device 102 is in or near the building 120. The bridge 108 may communicate with the control device 110 and/or the operating device 112 via wireless connection such as a Z-wave connection. It is contemplated that wireless protocols other than WIFI and Z-wave may be used such as Bluetooth among others.”0
Claims 12 - 16 are rejected under 35 U.S.C. 103 as being unpatentable over Taylor in view of Pruchniewski in further view of LaFlamme et al. (PG Pub. No. 20170071821), herein “LaFlamme.”
Regarding claim 12,
The previously cited references teach the limitations of claim 1 which claim 12 depends. They do not teach a pool or spa hub. However, Laflamme teaches comprising a pool or spa hub. (control system and/or control panel. Par. 0004: “Most modern bathing unit control systems include a control panel that is in communication with the bathing unit controller. A user of the bathing unit system can use the control panel in order to adjust and control the activation and settings of the various bathing unit components. It is known in the art to have a user control interface that provides the user with a display screen and buttons for allowing a user to control the functionality of the various bathing unit components.” Par. 0068: “As depicted, the controller 34 receives electrical power from an electric power source 36 that is connected to the controller 34 via service wiring 31. The power source 36 supplies the controller 34 with any conventional power service suitable for residential or commercial use. The controller 34 may then controls the distribution of power supplied to the various bathing unit components 11, 13, 20, 26, 28, 30 and to the control panel 35 in order to cause a desired operational settings to be implemented.” Par. 0122: “FIG. 6 shows a functional block diagram of the processing assembly 206 of the control panel 35 of FIG. 2 in accordance with a non-limiting example of implementation together with a functional block diagram of an auxiliary device 450 suitable for providing user identification information. The auxiliary device 450 and the processing assembly 206 are configured to establish a communication link 175 there between for enabling the processing assembly 206 to receive information from, and/or transmit information to, the auxiliary device 450. In particular, the auxiliary device 450 may be configured for transmitting user identification information 260, which may be stored in a memory 454 of the auxiliary device 450. The memory 454 of the auxiliary device 450 may also store suitable instructions 456, which when executed by processing unit 452, allow for the transmittal of user identification information 460 to the processing assembly 206 over communication link 175. The communication link may be a wireless communication link, such as for example a short range radio frequency (RF) link.” Par. 0070: “The controller 34 is in communication with the control panel 35 over communication link 88, which may be a wire line data bus or a wireless communication link for example, for receiving commands originating from a user input provided at the control panel 35. In some implementations, the controller 34 may also be configured for receiving commands from auxiliary devices (not shown in FIG. 1) external to the bathing unit system 10, for example via RF signals, infrared signals, or via a network communication (over an Intranet or the Internet) in accordance with any suitable method.” Examiner’s Note – The controller comprises a processor (item 40). See figure 1.)
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 load management system that controls power to an appliance that may be a pool device such as a pump via a load control device that has relays, a microprocessor, and a communications module as in Taylor with a programmable relay that is in communication with a processor and can be controlled remotely as in Pruchniewski with a control enclosure that contains relays for a pool pump, wherein the enclosure is mounted away from a circuit breaker panel and is coupled to the breaker panel, wherein the enclosure also contains a microprocessor and communication circuitry as in Levin with a pool or spa system that has a hub (control panel 35 or control system 24) as in LaFlamme in order to allow a user to control functionality of various bathing unit components or other swimming pool components. (Par. 0004 and 0063)
Regarding claim 13,
The previously cited references teach the limitations of claim 12 which claim 13 depends. Laflamme also teaches the processor is in communication with the pool or spa hub via the network connection. (Par. 0070: “The controller 34 is in communication with the control panel 35 over communication link 88, which may be a wire line data bus or a wireless communication link for example, for receiving commands originating from a user input provided at the control panel 35. In some implementations, the controller 34 may also be configured for receiving commands from auxiliary devices (not shown in FIG. 1) external to the bathing unit system 10, for example via RF signals, infrared signals, or via a network communication (over an Intranet or the Internet) in accordance with any suitable method.”)
Regarding claim 14,
The previously cited references teach the limitations of claim 13 which claim 14 depends. Laflamme also teaches the network connection is a wired network connection. (Par. 0070: “The controller 34 is in communication with the control panel 35 over communication link 88, which may be a wire line data bus or a wireless communication link for example, for receiving commands originating from a user input provided at the control panel 35. In some implementations, the controller 34 may also be configured for receiving commands from auxiliary devices (not shown in FIG. 1) external to the bathing unit system 10, for example via RF signals, infrared signals, or via a network communication (over an Intranet or the Internet) in accordance with any suitable method.”)
Regarding claim 15,
The previously cited references teach the limitations of claim 13 which claim 15 depends. Laflamme also teaches wherein the network connection is a wireless network connection. (Par. 0070: “The controller 34 is in communication with the control panel 35 over communication link 88, which may be a wire line data bus or a wireless communication link for example, for receiving commands originating from a user input provided at the control panel 35. In some implementations, the controller 34 may also be configured for receiving commands from auxiliary devices (not shown in FIG. 1) external to the bathing unit system 10, for example via RF signals, infrared signals, or via a network communication (over an Intranet or the Internet) in accordance with any suitable method.”)
Regarding claim 16,
The previously cited references teach the limitations of claim 13 which claim 16 depends. Laflamme also teaches that the wireless network connection comprises one or more of a Bluetooth, Wi-Fi, ZWave, Zigbee, Thread, or Weave network connection. (Par. 0022: “Any suitable communication protocol and associated software/hardware component may be provided to allow the control panel to receive the user identification signal from the auxiliary device. In a non-limiting example of implementation, a protocol suitable for short range communication, such as Bluetooth for example, may be used. In specific non-limiting implementations of a second (alternative) type, rather than being transmitted to the control panel directly from the auxiliary device, the user identification signal may be transmitted over a wireless communication link to the control panel through one or more other component of the bathing unit system, such as for example through the controller of the bathing unit and/or through an audio/visual component of the system.”)
Claims 17 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Taylor in view of Pruchniewski in further view of LaFlamme in further view of Klein.
Regarding claim 17,
The previously cited references teach the limitations of claim 13 which claim 17 depends. Klein teaches that the pool or spa hub establishes a second network connection with a cloud-based controller via the internet. (Par. 0024: “ In certain embodiments, the bridge 108 communicates with the control device 110. It is contemplated that in some embodiments, some control devices 110 communicate with the router 108 or the computing device 102 without a bridge 108. The server 104 may also communicate with the bridge 108, via the Internet, to provide an interface for a user of the computing device 102 to use for setting up and/or configuring the automation schedule. The server 104 may send commands and/or configuration information to the control device 110 whether the control device 110 is connected directly to the Internet via router 106 or connected via the bridge 108. Further, the bridge 108 may form a mesh network with the control device 110 and/or the one or more operating device(s) 112. The bridge 108 may be connected to the Internet through the router 106, allowing the control device 110 to be connected to the Internet via the mesh network.”
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 load management system that controls power to an appliance that may be a pool device such as a pump via a load control device that has relays, a microprocessor, and a communications module as in Taylor with a programmable relay that is in communication with a processor and can be controlled remotely as in Pruchniewski with a control enclosure that contains relays for a pool pump, wherein the enclosure is mounted away from a circuit breaker panel and is coupled to the breaker panel, wherein the enclosure also contains a microprocessor and communication circuitry as in Levin with a pool or spa system that has a hub (control panel 35 or control system 24) as in LaFlamme with a user that can communicate via the internet as in Klein in order to allow control and command from any location with an internet connection. (Par. 0021)
Regarding claim 18,
The previously cited references teach the limitations of claim 17 which claim 18 depends. Klein teaches a mobile device is in communication with the cloud- based controller. (Par. 0027: “The external device 210 may be any type of device that allows data to be inputted or outputted from the computing device 200. For example, the external device 210 may be a control device, a router, a bridge, an operating device, a mobile device…” Par. 0018.)
Response to Arguments
Careful consideration was given concerning applicant’s arguments with respect to the claims, but the arguments may be 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, Levin, does teach an enclosure that houses the relays (contactors), the microprocessor, the communications subsystem (by way of USB port 326), and is external to a circuit breaker panel. The enclosure also is coupled to the circuit breaker panel (items 416 and 516) that provides AC power to the control/relay enclosure. Levin does not specifically use the word “remote;” however, Levin does teach that the controller circuit (that encloses the relays) enclosure may be “wall-mounted” having a grounding lug and thus this is separate from the pump and circuit breaker panel. (see Par. 0052). Levin was necessitated by amendment and therefore this action is made final.
Allowable Subject Material
Claim 19 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims pending resolving all intervening issues such as the 35 USC 112(a) and 35 U.S.C. §112(b) rejections above. Reasons for allowance will be held in abeyance pending final recitation of the claims. The prior art does not disclose the elements of base claim 1 and intervening claims 12, 13, 17, 18, and wherein the mobile device transmits one or more commands to the cloud-based controller for controlling the one or more relays and the cloud-based controller transmits the commands to the processor via the communications network.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Sanders et al. (US PG Pub. No. 20170005515) teaches a power management system with a monitoring and controlling and communicating between a processor/controller and a pool pump. See Abstract, Par. 0019, and 0096.
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.
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