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, and 62414545, the earliest being filed on 01/22/2016. However, this is a Continuation-in-Part application wherein dependent claims 5 – 14 that claim a second network connection is not supported by the parent application(s) or provisional applications.
DETAILED ACTION
Claims 1 – 44 are pending in the application.
Claims 19 – 44 were subjected to a restriction/election requirement, non-elected
and were withdrawn from consideration.
Claim 1 is independent.
Claims 1 – 18 are herein rejected under 35 USC §102 and/or 35 USC §103.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1 – 4 and 15 – 18 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Chaky (US PG Pub. No. 20180094413), herein “Chaky” with supporting provisional filing date of April 19, 2015.
Regarding claim 1,
Chaky teaches a method for monitoring and controlling a valve actuator for a body of water, comprising the steps of: (Par. 0012: “…one or more valves under control of the microcomputer for adjusting a valve position to attain the desired temperature for water flowing through the shower head.”
providing a valve with a valve actuator (Par. 0059: “The controller executes a control loop procedure 292 that controls actuators and which, in this example, are valves 124, 128, and 132…”) having a processor (Par. 0044: “The controller 32 interfaces with the sensors, valves1…”) for monitoring a position of the valve actuator and for controlling the valve actuator, one or more sensors configured to monitor water parameters associated with the valve, (Par. 0062: “Controller 32 monitors values of hot water temperature sensor 184, cold water temperature sensor 192, mixed water temperature sensor 200 and mixed water flowmeter 136: Th, Tc, Tm, and Fm.” Par. 0044: “The illustrated controller 32 is a microcomputer containing a processor, storage and memory..” Par. 0032: “A programmable system is described for controlling the flow rate or temperature of water output from hot and cold water lines to a shower, tub, sink, pool, or ornamental pond.” Par. 0062: “If Fm is less than or greater than Fsp, controller 32 sends a signal to open or close valve 132 incrementally. If Tm is less than Tsp, controller 32 incrementally opens valve 124 and incrementally closes valve 128. If Tm is greater than Tsp, controller 32 sends a signal to close valve 124 incrementally and open valve 128 incrementally. Controller 32 then repeats the delay, determines whether the timer value C2 is less than tn, and continues to perform measurement and adjustment steps until tn is not less than C2, at which time the sequence step has been completed and the controller returns to the process illustrated in FIG. 5.”)
and a network communication subsystem for providing communication between the processor and a pool or spa control system; (Par. 0054: “The water temperature control may be operated with a wall mounted base station (not shown), hard-wired, or wirelessly connected to the controller 32, or through any of a number of remote interfaces such as a mobile device 240 app, or through an internet browser on a personal computer 336 or other device.” Par. 0056: “The wireless data link 308 may use Blue Tooth or other wireless technology. The TC system 12 controller 32 may be a programmable logic controller either hard-wired or with a wireless communication connection.” Par. 0032: “A programmable system is described for controlling the flow rate or temperature of water output from hot and cold water lines to a shower, tub, sink, pool, or ornamental pond.)
receiving at the processor the monitored water parameters; (Par. 0062: “Controller 32 monitors values of hot water temperature sensor 184, cold water temperature sensor 192, mixed water temperature sensor 200 and mixed water flowmeter 136: Th, Tc, Tm, and Fm.”)
establishing by the network communication subsystem a network connection between the processor of the valve actuator and the pool or spa control system; (Par. 0015: “In a third series of embodiments the invention provides a user controlled monitoring and control system for operating a shower in a plumbing system. The system includes a series of sensors providing temperature and flow rate information for water provided by hot and cold water feed lines which feed a shower head. Remotely controllable valves are positioned to adjust mixing of hot and cold water or flow rate of the water delivered from the hot and cold water feed lines. The monitoring and control system includes a processor and storage containing program instructions representing software executable on the processor. The instructions include a plurality of shower programs. Each shower program includes a sequence of showering steps. Each step is characterized by a specified time duration, a specified temperature, and a specified volume flow rate for water egressing from the shower head. The system also includes volatile memory to which the processor can write program instructions and data acquired from the sensors, and a user interface for selecting program options and displaying system information. The system is connectable through a network to monitor temperature and flow rate information provided by the sensors and to receive user selection of a shower program where, for one or more of the shower steps in the selected program, the system is responsive to user specified selections of (i) time duration of the step, and (ii) flow rate or temperature of water output from the shower head. The system automatically progresses through the steps of the user selected shower program sequence by sending control signals to adjust setting of one or more of the valves based on specifications in each shower step and information provided by the sensors.” Par. 0056: “The WUM 244 system may monitor usage of a plurality of water flow or temperature control devices on a network using one or more computers. FIG. 3 illustrates a WUM system 244 connected to an exemplary programmable TC System 12 as well as a plurality of additional TC systems 12 in an online community 312. The exemplary programmable TC System 12 is shown comprising sensors 280, actuators 276, a user interface 16 and a controller 32. Infrastructure for data transmission comprises a cable or wireless data link 304, a wireless data link 308, a router/modem 324, an internet service provider (ISP) 320, and the internet 300, over which communication of data 326 occurs for assimilation and reporting by the WUM system 244. The wireless data link 308 may use Blue Tooth or other wireless technology. The TC system 12 controller 32 may be a programmable logic controller either hard-wired or with a wireless communication connection.” Par. 0054: “The water temperature control may be operated with a wall mounted base station (not shown), hard-wired, or wirelessly connected to the controller 32...” See also Par. 0006, 0007, 0044, 0054, 0059, 0062, and claims 2 and 9 of Chaky. See figure 3 that shows the controller 32 networked (item 304) to the valve actuators (item 276).)
transmitting the data related to the monitored water parameters from the processor of the valve actuator to the pool or spa control system over the network connection; (Par. 0064: “The flowchart of FIG. 9 illustrates a procedure 288 for purge and reuse of water. Before the procedure begins, controller 32 starts a timer function Cl and reads initial set points, including mixed-temperature water temperature set point Tsp and mixed-temperature water flow rate set point Fsp. According to installation settings regarding purge or reuse options, controller 32 may select one of three options to: (i) direct a purge operation to allow cooled-down water 216 in the hot water supply line 144 to flow through the shower head 56 to the shower drain (not shown); (ii) direct operation of tankless or flash heater 224 to heat cooled-down water 216 as shown in FIG. 2A…”)
determining by the pool or spa control system a setpoint for the valve actuator based on a desired operation of a pool or spa device operatively coupled to the valve actuator; and controlling the valve actuator to operate at the setpoint. (Par. 0062: “The flow chart of FIG. 8 illustrates an exemplary procedure for the control loops 292, 296, 298 which effect mixed-temperature water temperature Tm and mixed water flow rate Fm. Controller 32 reads current parameters (e.g. N=7, n=5, tn=8:00, Tsp=41° C., Fsp=100) from a look-up table (e.g. Table 2) for one of the shower sequences 20 (e.g. Table 1). Controller 32 monitors values of hot water temperature sensor 184, cold water temperature sensor 192, mixed water temperature sensor 200 and mixed water flowmeter 136: Th, Tc, Tm, and Fm. In order to reach mixed-temperature water temperature set point Tsp by mixing hot water at temperature Th with cold water at temperature Tc, Tsp needs to be higher than Tc and lower than Th. If this is not the case, controller 32 sends a temperature error display and, in this example, performs a shutdown of the system 12. If Tsp is between Tc and Th, then controller 32 commands powered flow control valve 132 to increase or decrease flow of mixed-temperature water 44 until Fm is at the setpoint flow rate, Fsp (e.g., Fm reaches Fsp=100). Controller 32 may incrementally open or close valves 124, 128 to increase or decrease Fh and Fc respectively, to provide fine control of Fm and Tm. Controller 32 counts a delay which, in this example, is for 1 second. Controller 32 compares the timer function value C2 to tn (e.g., 8:00), and if C2 is not less than tn, the step has been completed and the controller returns to the process illustrated in FIG. 5. If C2 is less than tn, then controller 32 monitors Tc, Th, Tm, and Fm. If Fm is less than or greater than Fsp, controller 32 sends a signal to open or close valve 132 incrementally. If Tm is less than Tsp, controller 32 incrementally opens valve 124 and incrementally closes valve 128. If Tm is greater than Tsp, controller 32 sends a signal to close valve 124 incrementally and open valve 128 incrementally. Controller 32 then repeats the delay, determines whether the timer value C2 is less than tn, and continues to perform measurement and adjustment steps until tn is not less than C2, at which time the sequence step has been completed and the controller returns to the process illustrated in FIG. 5.” See also Chaky Claims 2, 7, 13, and 19. Examiner’s Note – Chaky equates a controller to a processor and/or microcomputer.)
Regarding claim 2,
The previously cited reference(s) teach the limitations of claim 1 which claim 2 depends. Chaky also teaches that the desired operation of the pool or spa device is transmitted from an external control device to the pool or spa control system. (Par. 0032: “A programmable system is described for controlling the flow rate or temperature of water output from hot and cold water lines to a shower, tub, sink, pool, or ornamental pond.” … “Programming and operation of the system, including water temperature control, may be effected through a remote user interface, e.g., a mobile device application (“app”) or application software, an internet-enabled (“smart”) appliance hub, or a browser.”)
Regarding claim 3,
The previously cited reference(s) teach the limitations of claim 2 which claim 3 depends. Chaky also teaches that the external control device is a remote server system, a cloud-based control platform, a personal computer, a mobile device, or another pool or spa device. (Par. 0032: “A programmable system is described for controlling the flow rate or temperature of water output from hot and cold water lines to a shower, tub, sink, pool, or ornamental pond.” … “Programming and operation of the system, including water temperature control, may be effected through a remote user interface, e.g., a mobile device application (“app”) or application software, an internet-enabled (“smart”) appliance hub, or a browser.” See also Par. 0036 and 0054.)
Regarding claim 4,
The previously cited reference(s) teach the limitations of claim 1 which claim 4 depends. Chaky also teaches that the pool or spa device is a variable speed pump, a single speed pump, a cleaning system, a second valve actuator, a water feature, a sanitization system, a heating system, or a cooling system. (Par. 0032: “A programmable system is described for controlling the flow rate or temperature of water output from hot and cold water lines to a shower, tub, sink, pool, or ornamental pond.” Par. 0053: “In the embodiment of FIG. 2B a powered hot water control and diverter valve 260 is used to send the cooled water 216 to a home reservoir or holding tank 228, e.g., for re-use as a cold water supply or for flushing a toilet. In the embodiment of FIG. 2C a powered hot water control and diverter valve 260 is used to send the cooled water 216 to a home or commercial water heater 232 for reheating and further use as a hot water supply.”)
Regarding claim 15,
The previously cited reference(s) teach the limitations of claim 1 which claim 15 depends. Chaky also teaches that the step of receiving via a user interface device of the valve actuator input for controlling the valve actuator. (Par. 0007: “The controller may adjust one or more in the plurality of additional automated valves to achieve a selected temperature for mixing of hot and cold water. The system may operate in the first configuration as a default condition and otherwise operate in the second configuration, e.g., when a user selects operation in the second mode. The controller may be a microcomputer which, in the second configuration, runs a program to automatically provide the user selectable timed sequence of automated steps. The system may also include a processor based handheld device having a wireless communication link with the controller. The handheld device may execute application software by which a user can program controller settings and initiate the timed sequence of automated showering steps in the second mode of operation.” Par. 0008: “ The controller may adjust the powered flow control valve responsive to a user selected flow of water through the shower head.)
Regarding claim 16,
The previously cited reference(s) teach the limitations of claim 1 which claim 16 depends. Chaky also teaches controlling the setpoint of the valve actuator to maintain one or more of a minimum and a maximum flow requirement of the pool or spa device. (Par. 0012: “Also according to embodiments of the computer-implemented method, communication may occur between the microcomputer and a handheld programmable device over a network with a wireless communication link. The microcomputer may select valve settings to effect flow of water from the hot and cold feed lines through either of first and second branch lines to send hot and cold water through the shower head. In this embodiment, the first branch line may provide manual control for mixing hot and cold water when showering, with the second branch line having one or more valves under control of the microcomputer for adjusting a valve position to attain the desired temperature for water flowing through the shower head.” See also Par. 0004, 0014, 0015, 0041 – controlling flow rates within a range, 0044, 0049 – setting limits to the flow rate, 0051, 0054, 0055, 0059, 0061, 0062, 0063, 0064, 0065, and claims 13, 19 – that teach the valve is actuated resulting in flow rates controlled by the controller or microcomputer or user based on specified or desired values.)
Regarding claim 17,
The previously cited reference(s) teach the limitations of claim 1 which claim 17 depends. Chaky also teaches comprising the step of configuring the valve actuator with one or more default flow settings. (Par. 0007: “The controller may adjust one or more in the plurality of additional automated valves to achieve a selected temperature for mixing of hot and cold water. The system may operate in the first configuration as a default condition…”)
Regarding claim 18,
The previously cited reference(s) teach the limitations of claim 1 which claim 18 depends. Chaky also teaches the one or more default flow settings include one or more of high, medium, and low flow settings. (Par. 0061: “FIG. 7 summarily illustrates the manual shower operation sequence. When the TC system installed, and the TC system is unpowered, the system 12 is in a manual operation mode by default, where NO valves 116, 120, 124, 128 are fully open to allow water to flow to the manual mixing valve 64, and NC valves 116, 120 are fully closed to block any water flow which would otherwise bypass the manual mixing valve 64. The default manual operation mode enables the shower to operate manually in the event of a power failure.”)
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 5 – 12 are rejected under 35 U.S.C. 103 as being unpatentable over Chaky in view of Heng (PG Pub. No. 20230145997), herein “Heng” filed before the CIP instant application filing date.
Regarding claim 5,
The previously cited reference(s) teach the limitations of claim 1 which claim 5 depends. Chaky does not teach a second network connection with the processor/controller. However, Heng teaches a second network connection between the processor and the pool or spa device. (Par. 0023: “The controller 107 of at least some of the pool equipment 102 may include electronic circuitry including, for example, onboard processing units…” Par. 0006: “The method includes receiving, by a controller of a pool system and using a first communication protocol, a set of operational parameters from a connected device of the pool system. The method also includes sending, by the controller and using a second communication protocol, the operational parameters to a pool automation system of the pool system.” Par. 0110 – 0113: “A method for sharing operational parameters for operational control of a pool or spa, the method comprising: [0111] receiving, by a controller of a pool system and using a first communication protocol, a set of operational parameters from a connected device of the pool system; [0112] sending, by the controller and using a second communication protocol, the operational parameters to a pool automation system of the pool system; and [0113] sending, by the pool automation system and using a third communication protocol, the operational parameters to an external computing device.” Examiner’s Note – See figure 1 that shows pool controller that includes several types of communications protocols and/or network connections (i.e. serial, Bluetooth, WiFi and cellular ) and communicates using the network connections to pool equipment (102) or other pool/spa control devices such as user devices (106x) that control the pool automation system. See also Par. 0018 that teaches the various systems of the pool system.)
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have combined the method and system that controls a valve of a pool/spa system wherein there is a communication network coupled with the processor (controller) and the other pool or spa devices (such as valves) as in Chaky with having a controller that comprises a processor that details a second network connection between the processor and the other pool or spa devices and/or pool or spa control devices as in Heng in order to have operational parameters shared in the pool or spa system using different protocols between different control systems and different pool equipment. (Heng Par. 0016 – 0018)
Regarding claim 6,
The previously cited reference(s) teach the limitations of claim 1 which claim 6 depends. Chaky does not teach a second network connection with the a control system and a pool or spa device. However, Heng teaches establishing a second network connection between the pool or spa control system and the pool or spa device. (Par. 0052: “…the controller may be included in the pool equipment.” Par. 0018: “Pool systems may include equipment such as heaters, controllers, filters, motors, pumps, lighting systems, lights, and the like configured to perform certain functions with respect to a body of water.” Par. 0041: “The controller may be located within the pool equipment 102, although it need not be.” Examiner’s Note – Heng teaches several different pool devices such as a pump or filters, etc., wherein each device may or may not include a controller and can communicate with different systems/devices with a second or a different communication protocol/network. The communications can be with a user device (item 106x) that can control the pool/spa devices.)
Regarding claim 7,
The previously cited reference(s) teach the limitations of claim 6 which claim 7 depends. Heng also teaches the step of receiving operational data over the second network connection related to one or more operational parameters of the pool or spa device. (Par. 0006: “The method also includes sending, by the controller and using a second communication protocol, the operational parameters to a pool automation system of the pool system.” Examiner’s Note – Heng teaches 217 instances of operational parameter(s).)
Regarding claim 8,
The previously cited reference(s) teach the limitations of claim 7 which claim 8 depends. Heng also teaches that the one or more operational parameters of the pool or spa device include one or more of a power status, a rate of power consumption, an electrical current draw, a temperature, a minimum flow requirement, and a maximum flow requirement. (Par. 0018: “Pool systems may include equipment such as heaters, controllers, filters, motors, pumps, lighting systems, lights, and the like configured to perform certain functions with respect to a body of water. For example, a heater may be configured to heat the body of water, while the controller may be configured to set a temperature, configure lights, and the like.”)
Regarding claim 9,
The previously cited reference(s) teach the limitations of claim 1 which claim 9 depends. Chaky does not teach a second network connection with the a control system and a second pool or spa device. However, Heng teaches establishing a second network connection between the processor and a second pool or spa device. (Par. 0052: “…the controller may be included in the pool equipment.” Par. 0018: “Pool systems may include equipment such as heaters, controllers, filters, motors, pumps, lighting systems, lights, and the like configured to perform certain functions with respect to a body of water.” Par. 0041: “The controller may be located within the pool equipment 102, although it need not be.” Examiner’s Note – Heng teaches several different pool devices such as a pump or filters, etc., wherein each device may or may not include a controller and can communicate with different systems/devices with a second or a different communication protocol/network. The communications can be with a user device (item 106x) that can control the pool/spa devices.)
Regarding claim 10,
The previously cited reference(s) teach the limitations of claim 9 which claim 10 depends. Heng also teaches that the second pool or spa device by the processor based on the setpoint of the valve actuator. (Par. 0018: “Pool systems may include equipment such as heaters, controllers, filters, motors, pumps, lighting systems, lights, and the like configured to perform certain functions with respect to a body of water.” Chaky teaches specifically that the pool system includes a valve(s) (139 instances). )
Regarding claim 11,
The previously cited reference(s) teach the limitations of claim 1 which claim 11 depends. Chaky does not teach a second communication network. However, Heng does teach establishing a second network connection between the pool or spa control system and a second pool or spa device. (Par. Par. 0052: “…the controller may be included in the pool equipment.” Par. 0018: “Pool systems may include equipment such as heaters, controllers, filters, motors, pumps, lighting systems, lights, and the like configured to perform certain functions with respect to a body of water.” Par. 0041: “The controller may be located within the pool equipment 102, although it need not be.” Examiner’s Note – Heng teaches several different pool devices such as a pump or filters, etc., wherein each device may or may not include a controller and can communicate with different systems/devices with a second or a different communication protocol/network. The communications can be with a user device (item 106x) that can control the pool/spa devices.)
Regarding claim 12,
The previously cited reference(s) teach the limitations of claim 11 which claim 12 depends. Chaky also teaches the step of controlling the second pool or spa device by the pool or spa control system based on the setpoint of the valve actuator. (Par. 0038: “The term "temperature mixing valve" or "mixing valve" refers to a three-way valve for receiving water inputs from both a hot water supply and a cold water supply and providing a blended temperature water output. The mixing valve may be manually or automatically controlled.” See paragraphs 0062 and 0063.)
Claims 13 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Chaky in view of Horton et al. (US PG Pub. No. 20160261425), herein “Horton” having provisional applications filed before the instant application’s provisional(s) filing date(s).
Regarding claim 13,
The previously cited reference(s) teach the limitations of claim 1 which claim 13 depends. Chaky does not teach using web data to control a pool device or valve. However, Horton teaches a second network connection (second application service. See also Heng above that teaches a second network connection) with the Internet, receiving web data over the second network connection, and controlling the valve actuator based on the web data. (Par. 0390: “For example, the build quality, size, ceiling height, location, etc. of a conditioned environment may be used to determine a pre-conditioning estimate. Further, ambient weather conditions, etc. may also be used.” Par. 0447: “In some embodiments the automation system may be controlled via a universal remote controller that enables controlling the thermostat 10A, detectors 10B, fans, lights, shades, appliances, speakers, key systems, garage doors, and so forth. The universal remote controller may be an electronic device (mobile device, tablet, etc.) with a touch-screen that may be handheld, disposed on a wall or a surface, and so forth. The universal remote controller may enable controlling all of the smart devices in the automation system from one central location. The universal remote controller may accept voice commands, set reminders, wake the user up on time, and/or fetch live internet content (e.g., weather, stocks, and news) that is relevant to the user.” Par. 0094 – teaches controlling the temperature of a swimming pool; Par. 0393 – precondition of the home device based on weather and location of the house. See also Par. 0567, 568, 571, and 0577. )
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have combined the method and system that controls a valve of a pool/spa system wherein there is a communication network coupled with the processor (controller) and the other pool or spa devices (such as valves) as in Chaky with having web data such as weather in certain locations of the house be used to control home devices such as a pool heater and pool valves as in Horton in order to synchronize devices such as pool pumps and/or pool heaters so that the pool is at the desired temperature when the user arrives. (Par. 0577)
Regarding claim 14,
The previously cited reference(s) teach the limitations of claim 13 which claim 14 depends. Horton also teaches the web data is specific to a physical location of the pool or spa. (Par. 0393: “Further, the large house has extreme weather conditions 1058 in comparison to the mild conditions 1056 of the small house 1052. This may also add to the pre-conditioning time of the large house 1054.” See Par. 0567 – that relates the pre-conditioning to swimming pool heaters.)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Radovanovic et al. (US PG Pub. No. 20170167742) is on point with the instant application and teaches the elements of claim 13 in paragraph 0002. Radovanovic teaches controlling a swimming pool heater using outdoor weather information that originates from the internet or other public networks.
Tracey et al. (US PG Pub. No. 20080223951) teaches a valve that includes a controller. See figure 3 and the valve (item 23) and a valve control unit (item 24). See Claim 7 of Tracey.
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kenneth Lo can be reached at (571) 272-9774. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHAD G ERDMAN/Primary Examiner, Art Unit 2116
1 Examiner’s Note – Chaky teaches having the processor/controller interface with the valve, and the instant application may be rejected under MPEP 2144.04(V)(B) – Making Integral wherein the integrating the processor as part of the valve does not constitute an inventive method. See also Tracey et al. cited in the conclusion section. Other references not listed herein also taught a valve that includes a processor or controller.