DETAILED ACTION
This communication is in response to applicant’s Amendment which is filed on October 13, 2025.
An amendment to amend the claims 8 and 16 has been entered and made of record.
Claims 3 and 11 have been cancelled.
Claims 1, 2, 4-10 and 12-20 are now pending in the application.
Response to Arguments
Applicant’s amendments and arguments to the rejected claims are insufficient to distinguish the claimed invention from the cited prior arts or overcome the rejection of said claims under 35 U.S.C § 103(a) as discussed below. Applicant's amendment and argument with respect to the pending claims 1, 2, 4-10 and 12-20, filed on October 13, 2025, have been fully considered but they are not persuasive for at least the following reasons.
On page 5, fourth paragraph to page 6 first paragraph, Applicant's arguments that as the skilled person would have no motivation to modify Gandini.
In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007).
In this case, Gandini discloses a method of communicating with equipment (100) for a swimming pool or spa (i.e. a lighting system 100 for use in an aquariums or other marine environments) (page 1 paragraphs 0007-0012; page 2 paragraph 0026; see Figures 1 to 3A), the method comprising receiving data from or sending data to the equipment (100) for the swimming pool or spa while the equipment is not powered and/or not functional (page 2 paragraph 0026; page 3 paragraph 0030; see Figures 1 to 3A).
In the same field of endeavor of an apparatus for a small water environment, Weber et al. teach that the equipment (100) for the swimming pool or spa (600) is at least one of a pump (106), a heater (108), or a water temperature sensor (120) (i.e. a bathing water heating device 100 (referred to hereinafter simply as “heating device 100”) is shown. As set forth below, the heating device 100 may be used in small water environments (e.g., small water environment 600 illustrated in FIG. 6), including, but not limited to, a bathtub (e.g., in a home, hotel, etc.), a sink, a pet washing station, an aquarium, and the like. The heating device 100 includes a housing 102, an inner container 104, a pump 106, a heating element 108, an electrical power source 110, a wireless charging circuit 112, a microcontroller 114, and a wireless transceiver 116) (page 2 paragraph 0023; paragraph 0027; see Figure 1). Clearly, the equipment is the at least one of the pump, the heater or the sensor for the water environment.
At the time of the effective filing date of the current application, it would have been obvious to a person of ordinary skill in the art to have the small water environments includes the housing of pump, the heating element and/or the sensors of Weber into the NFC communication unit of the lighting system for use in the aquariums or other marine environments of Gandini because Weber suggests that the need to the heating device, the pump or sensors for use in a small water environment such as bathtub or spa in the home or hotel is so desired and Gandini teaches that the light emitting systems has heat output and submergibility in liquid (page 2 paragraph 0027) and Weber teaches that the small water environment including, but not limited to, a bathtub, a sink, a pet washing station, and an aquarium with impermeable to water using the bathing water heating device. Therefore, it would have been obvious to a person of ordinary skill in the art to have Weber et al.’s bathing water heating device into the lighting system including near field communication controller for use in the aquariums or other marine environments of Gandini with the motivation being to provide a plurality of different equipment for different uses or different functions in the water environment control system.
Furthermore, the Applicant argues on page 6, third paragraph, that by modifying Gandini in the manner taught by Weber et al. renders Gandini unsatisfactory for its intended purpose and, consequently, there is no suggesting or motivation to make the proposed modification that Gandini plainly teaches away from increasing heat output.
It would have been obvious to one of ordinary skill in the art before the time of filing to combine the above-mentioned elements of Weber into the combined disclosure of Gandini because such a combination constitutes combining prior art elements according to known methods to yield predictable results. Such a finding is proper because (1) as established directly above, the prior art included each element claimed as illustrated above, although not in a single prior art reference, and the only difference between the claimed invention and the prior art being the elements are not found in a single prior art reference; (2) one of ordinary skill in the art could have combined the elements as claimed by known methods and each element merely performs the same function as it does separately; (3) one of ordinary skill in the art would have recognized that the results of the combination were predictable as the invention.is within the electronic arts which is predictable; and (4) no additional findings based on the Graham factual inquiries are necessary.
Weber et al. teach that the equipment (100) for the swimming pool or spa (600) is at least one of a pump (106), a heater (108), or a water temperature sensor (120) (page 2 paragraph 0023; paragraph 0027; see Figure 1). The equipment is the at least one of the pump, the heater or the sensor for the water environment. Gandini discloses equipment (100) for a swimming pool or spa (i.e. a lighting system 100 for use in an aquariums or other marine environments to simulate natural lighting conditions) (pages 2-3 paragraphs 0026-0028; see Figures 1 to 3A). Gandini discloses equipment (100) for a swimming pool or spa with a variety of different types of lighting effects that can be applied in the aquarium lighting system to simulate the myriads of natural lighting conditions by different intensity of certain types of LEDs (page 3 paragraph 0028). Therefore, it would have been obvious to a person of ordinary skill in the art to have Weber et al.’s bathing water heating device into the lighting system including near field communication controller for use in the aquariums or other marine environments of Gandini with the motivation being to provide an equipment for different uses or different functions in the water environment control system.
On pages 6 fifth paragraph to page 9 second paragraph, Applicant's amendment and arguments with respect to the invention in Gandini and Green does not teach or suggest that a light source circuit board onboard the equipment and separate from the driver circuit board is not persuasive. The claims in a pending application should be given their broadest reasonable interpretation. In re Pearson, 181 USPQ 641 (CCPA 1974).
As defined by claim 8 and as similarly recited in claim 16, Gandini discloses a driver circuit board (102) (i.e. NFC-based control unit) onboard the equipment (100) (i.e. a lighting system); and a light source circuity board (101) (i.e. a light unit 101) onboard the equipment (100) and separate from the driver circuit board (102) (page 3 paragraph 0031 to 0035; see Figure 1). The NFC-based control unit 102 includes an NFC communication unit 120, a processor 122 connected to the NFC communication unit 120, at least one software 124 program, and a memory 126 connected to the processor 122. The software 124 may be stored on the memory. As indicated above, the NFC communication unit 120 of the NFC-based control unit 102 enables the control unit 102 to transmit information to the NFC communication unit 110, and to receive information from the NFC communication unit 110 of the lighting unit 101. Thus, the NFC communication unit 110 of the lighting unit 101 communicates with the different NFC communication unit 120 of the NFC-based control unit 102 (page 3 paragraph 0036, see Figure 1). Clearly, the light unit (101) onboard the equipment (100) and separate from the NFC-based control unit (102) and each has separate housing and both on the lighting system (100) as recited in the claims 8 and 16.
Furthermore, the NFC-based control unit 102 further communicates with a suitable computing device 104 (e.g., a personal desktop computer), which has installed thereon a more advanced software module 130 for programming operational parameters of the lighting unit 101 (page 3 and 4, paragraphs 0037 and 0038; see Figure 1). Clearly, the NFC-based control unit 102 functions is similar to the driver board of the recited claims 1, 8 and 16.
For at least these reasons, the examiner maintains that the references cited and applied in the last office actions for the rejection of the claims are maintained in this office action.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 2 and 4-7 are rejected under 35 U.S.C. 103 as being unpatentable over Gandini (US Pub. No. 2015/0061541) in view of Weber et al. (Pub. No. 2019/0246455).
Referring to claim 1, Gandini discloses a method of communicating with equipment (100) for a swimming pool or spa (i.e. a lighting system 100 for use in an aquariums or other marine environments) (page 1 paragraphs 0007-0012; page 2 paragraph 0026; see Figures 1 to 3A), the method comprising receiving data from or sending data to the equipment (100) for the swimming pool or spa while the equipment is not powered and/or not functional (i.e. the lighting systems 100 of the present embodiments also include a near field communication (NFC) control unit. In general, near field communication is a set of standards for smartphones and similar devices to establish short-range wireless radio communication with each other by touching them together or bringing them into proximity. Generally, NFC operates within a range of several inches to several feet. Applications include contactless transactions, data exchange, and simplified setup of more complex communications such as Wi-Fi. Communication is also possible between an NFC device and an unpowered NFC chip, called a tag. NFC standards cover communications protocols and data exchange formats, and are based on existing radio-frequency identification (RFID) standards. In an example, NFC operates at 13.56 MHz on ISO/IEC 18000-3 air interface and at rates ranging from 106 kbit/s to 424 kbit/s. In examples where the NFC system communicates with a tag, the communication involves an initiator and a target. The initiator actively generates a radio frequency (RF) field that can power a passive target. This enables NFC targets to take very simple form factors such as tags, stickers, key fobs, or cards that do not require batteries) (page 2 paragraph 0026; page 3 paragraph 0030; see Figures 1 to 3A).
However, Gandini did not explicitly disclose wherein the equipment for the swimming pool or spa is at least one of a pool cleaner, a pump, a heater, a sensor, or a filter.
In the same field of endeavor of an apparatus for a small water environment, Weber et al. teach that the equipment (100) for the swimming pool or spa (600) is at least one of a pump (106), a heater (108), or a sensor (120) (i.e. a bathing water heating device 100 (referred to hereinafter simply as “heating device 100”) is shown. As set forth below, the heating device 100 may be used in small water environments (e.g., small water environment 600 illustrated in FIG. 6), including, but not limited to, a bathtub (e.g., in a home, hotel, etc.), a sink, a pet washing station, an aquarium, and the like. The heating device 100 includes a housing 102, an inner container 104, a pump 106, a heating element 108, an electrical power source 110, a wireless charging circuit 112, a microcontroller 114, and a wireless transceiver 116) (page 2 paragraph 0023; paragraph 0027; see Figure 1).
At the time of the effective filing date of the current application, it would have been obvious to a person of ordinary skill in the art to combine the bathing water heating device for the small water environments including a housing of pump, a heating element and sensors of Weber into the NFC communication unit of the lighting system for use in the aquariums or other marine environments of Gandini because Weber suggests that the need to the heating device for use in a small water environment such as bathtub or spa is so desired and Gandini teaches that the light emitting systems has heat output and submergibility in liquid (page 2 paragraph 0027) and Weber teaches that the small water environment including, but not limited to, a bathtub, a sink, a pet washing station, and an aquarium with impermeable to water. Therefore, it would have been obvious to a person of ordinary skill in the art to have Weber et al.’s bathing water heating device into the lighting system including near field communication controller for use in the aquariums or other marine environments of Gandini with the motivation being to provide a plurality of different uses in the water environment control system.
Referring to claim 2, Gandini in view of Weber et al. disclose the method of claim 1, Gandini discloses wherein receiving data or sending data comprises using near-field communication (102) (NFC-based control unit 102) (i.e. the lighting system 100 includes only the lighting unit 101, where the lighting unit 101 is configured to operate in response to information that is received through near field communication channels (e.g., from the NFC-based control unit 102) (page 3 paragraph 0030 and 0034; see Figures 1 and 3A).
Referring to claim 4, Gandini in view of Weber et al. disclose the method of claim 1, Gandini discloses wherein receiving data from or sending data to the equipment (100) comprises setting an initial setting for the equipment (100) (i.e. the write input 312 enables customized user setting or preprogrammed settings (i.e., including the default settings indicated by the default input 314) to be sent from the computing device 104 to the NFC-based control unit 102 through NFC communication units 106 and 126, when the NFC-based control unit 102 is within NFC range of the computing device 104) (page 4 paragraph 0040; see Figures 1 and 2).
Referring to claim 5, Gandini in view of Weber et al. disclose the method of claim 1, Gandini discloses wherein receiving data from or sending data to the equipment (100) comprises changing a setting or reading data from the equipment (i.e. when the lighting setting input 210 is selected, an expanded or modified graphical user interface is displayed, presenting the user with several control options. FIG. 3B shows one example of a graphical user interface displaying certain system information and a certain number of operational parameters or inputs relating to the lighting unit 101 and light emitting devices 112 thereof. It should be appreciated that the graphical user interface(s) may be presented in any suitable fashion other than that indicated in FIGS. 3A and 3B, and may include part or all of the operational inputs shown in the graphical user interface 300 of FIG. 2. It should also be appreciated that although the example is given above where the software 124 module that is installed on the NFC-based control unit 102 (e.g., a smartphone) has a simplified user interface 206 relative to the user interface 300 of the software 130 module installed on the computing device 104, in other examples, the user interface 206 of the NFC-based control unit 102 may also have the full functionality (or different/additional functionalities) when compared to same) (page 5 paragraph 0044; see Figures 1 and 3B).
Referring to claim 6, Gandini in view of Weber et al. disclose the method of claim 1, Gandini discloses wherein receiving data from or sending data to the equipment (100) comprises performing diagnostics on the equipment for a swimming pool or spa (i.e. the processor 114, in cooperation with the software module 118 and memory 116, is configured to use information received by the NFC communication unit 110 from outside the lighting unit 101 (e.g., from the NFC-based control unit 102 that is discussed in further detail below) to control various operational conditions of the lighting elements 112) (page 3 paragraph 0033; see Figure 1).
Referring to claim 7, Gandini in view of Weber et al. disclose the method of claim 1, Gandini discloses wherein the equipment is a pool light (101), and wherein the method comprises using setting a color mode on the pool light (i.e. different colored LEDs or combinations of LEDs enable different lighting effects that can be applied to/in an aquarium or other marine environment lighting system to simulate natural lighting conditions and thus foster biological growth in same) (page 2 paragraphs 0026-0027; see Figure 1).
Claims 8, 10 and 12-20 are rejected under 35 U.S.C. 103 as being unpatentable over Gandini (US Pub. No. 2015/0061541) in view of Green et al. (US# 9,548,797).
Referring to claim 8, Gandini discloses equipment (100) for a swimming pool or spa (i.e. a lighting system 100 for use in an aquariums or other marine environments) (page 1 paragraphs 0007-0012; page 2 paragraph 0026; see Figures 1 to 3A), the equipment comprising:
a near-field communication chip (120) (i.e. NFC communications unit of the NFC-based control unit 102) and an antenna (not shown) for the near-field communication chip (120), wherein the near field communication chip and antenna are configured to receive
and/or send data at least while the equipment (100) is not powered and/or functional (i.e. the lighting systems 100 of the present embodiments also include a near field communication (NFC) control unit. In general, near field communication is a set of standards for smartphones and similar devices to establish short-range wireless radio communication with each other by touching them together or bringing them into proximity. Generally, NFC operates within a range of several inches to several feet. Applications include contactless transactions, data exchange, and simplified setup of more complex communications such as Wi-Fi. Communication is also possible between an NFC device and an unpowered NFC chip, called a tag. NFC standards cover communications protocols and data exchange formats, and are based on existing radio-frequency identification (RFID) standards. In an example, NFC operates at 13.56 MHz on ISO/IEC 18000-3 air interface and at rates ranging from 106 kbit/s to 424 kbit/s. In examples where the NFC system communicates with a tag, the communication involves an initiator and a target. The initiator actively generates a radio frequency (RF) field that can power a passive target. This enables NFC targets to take very simple form factors such as tags, stickers, key fobs, or cards that do not require batteries) (page 2 paragraph 0026; page 3 paragraph 0030; see Figures 1 to 3A);
a controller (122) communicatively coupled to the near-field communication chip (120) (i.e. NFC communications unit of the NFC-based control unit 102) (page 2 paragraph 0026; page 3 paragraph 0030; see Figures 1 to 3A);
a driver circuit board (102) (i.e. NFC-based control unit) onboard the equipment; and a light source circuity board (101) (i.e. a light unit 101) onboard the equipment and separate from the driver circuit board (102) (page 3 paragraph 0033; see Figure 1).
However, Gandini did not explicitly disclose wherein the near-field communication chip and the antenna are is on one of the driver circuit board or the light source circuit boards.
In the same field of endeavor of a lighting system, Green et al. teach that the near-field communication chip (218) and the antenna (212) are on different circuit boards (i.e. the reader front end circuit 214 or transceiver unit 216 with an antenna 212 is operably coupled to an embedded NFC integrated circuit (IC or chip) 218). The embedded NFC 218 circuit is on one board and the NFC front end 214 is separate circuit or board (column 7 lines 41 to column 8 line 3; see Figure 2).
At the time of the effective filing date of the current application, it would have been obvious to a person of ordinary skill in the art to recognize having the embedded NFC couple to the NFC front end with the antenna to communicate with the NFC tag taught by Green et al. in a lighting system with the NFC communication unit of Gandini because having the embedded NFC couple to the NFC front end with the antenna to communicate with the NFC tag would provide a flexible way to construct a lighting unit for the communication interface circuit board.
Referring to claim 10, Gandini in view of Green et al. disclose the equipment of claim 8, Gandini discloses wherein the equipment (100) is configured to be submerged within the swimming pool or spa (i.e. submergibility in liquids in an aquarium) (page 2 paragraph 0027; page 3 paragraph 0032; see Figures 1 and 3A).
Referring to claim 12, Gandini in view of Green et al. disclose the equipment of claim 8, Gandini discloses wherein the near-field communication chip and the antenna (120) are both on the driver circuit board (102) or are both on the light source circuit board (101) (page 2 paragraph 0025; page 3 paragraphs 0030-0031; see Figures 1 and 3A).
Referring to claim 13, Gandini in view of Green et al. disclose the equipment of claim 8, Gandini discloses further comprising at least one light emitting diode (112) on the light source circuit board (101) (i.e. the lighting unit 101 includes one more light emitting devices 112 (e.g., LEDs) operated at least partially under control of a processor 114) (page 3 paragraph 0032; see Figures 1 and 3A).
Referring to claim 14, Gandini in view of Green et al. disclose the equipment of claim 8, Gandini discloses further comprising a driver circuit board (102) (i.e. NFC-based control unit) and a light source circuit board (101) (i.e. a light unit 101), wherein the antenna (110) (i.e. an antenna of the NFC communication unit 110) is on the light source circuit board (101), and wherein the antenna (110) is extends along a perimeter of the light source circuit board (101) (i.e. a location of the NFC antenna on the NFC communication unit 110 can be shown by a visible mark on a particular portion of the lighting unit 101 so that a user can easily identify the approximate location of same) (page 2 paragraph 0025; page 5 paragraph 0046; see Figure 1).
Referring to claim 15, Gandini in view of Green et al. disclose the equipment of claim 8, Gandini discloses wherein the near-field communication chip (120) is on one of the driver circuit board (102) and the antenna (110) is on the other of the light circuit board (101) (page 3 paragraphs 0030 to 0034; see Figure 1).
Referring to claim 16, Gandini discloses a method of communicating with a pool light (101) for a swimming pool or spa (i.e. a method of lighting system 100 for use in an aquariums or other marine environments) (page 1 paragraphs 0007-0012; page 2 paragraph 0026; see Figures 1 to 3A), wherein the method comprises at least one of sending information to the pool light (101) or receiving information from the pool light at least while the pool light is not powered or functional (i.e. the lighting systems 100 of the present embodiments also include a near field communication (NFC) control unit. In general, near field communication is a set of standards for smartphones and similar devices to establish short-range wireless radio communication with each other by touching them together or bringing them into proximity. Generally, NFC operates within a range of several inches to several feet. Applications include contactless transactions, data exchange, and simplified setup of more complex communications such as Wi-Fi. Communication is also possible between an NFC device and an unpowered NFC chip, called a tag. NFC standards cover communications protocols and data exchange formats, and are based on existing radio-frequency identification (RFID) standards. In an example, NFC operates at 13.56 MHz on ISO/IEC 18000-3 air interface and at rates ranging from 106 kbit/s to 424 kbit/s. In examples where the NFC system communicates with a tag, the communication involves an initiator and a target. The initiator actively generates a radio frequency (RF) field that can power a passive target. This enables NFC targets to take very simple form factors such as tags, stickers, key fobs, or cards that do not require batteries) (page 2 paragraph 0026; page 3 paragraph 0030; see Figures 1 to 3A),
the pool light comprising: a near-field communication chip (120), an antenna for the near-field communication chip (not shown), and a controller (122) communicatively coupled to the near-field communication chip (120) (i.e. the lighting systems of the present embodiments also include a near field communication (NFC) control unit. In general, near field communication is a set of standards for smartphones and similar devices to establish short-range wireless radio communication with each other by touching them together or bringing them into proximity) (page 2 paragraph 0025; page 3 paragraph 0030; see Figures 1 and 3A),
a driver circuit board (102) (i.e. NFC-based control unit) onboard the pool light and a light source circuity board (101) (i.e. a light unit 101) onboard the pool light and separate from the driver circuit board (102) (page 3 paragraph 0033; see Figure 1).
However, Gandini did not explicitly disclose wherein the near-field communication chip and the antenna are is on one of the driver circuit board or the light source circuit boards.
In the same field of endeavor of a lighting system, Green et al. teach that the near-field communication chip (218) and the antenna (212) are on different circuit boards (i.e. the reader front end circuit 214 or transceiver unit 216 with an antenna 212 is operably coupled to an embedded NFC integrated circuit (IC or chip) 218. The embedded NFC 218 circuit is on one board and the NFC front end 214 is separate circuit or board) (column 7 lines 41 to column 8 line 3; see Figure 2).
At the time of the effective filing date of the current application, it would have been obvious to a person of ordinary skill in the art to recognize having the embedded NFC couple to the NFC front end with the antenna to communicate with the NFC tag taught by Green et al. in a lighting system with the NFC communication unit of Gandini because having the embedded NFC couple to the NFC front end with the antenna to communicate with the NFC tag would provide a flexible way to construct a lighting unit for the communication interface circuit board.
Referring to claim 17, Gandini in view of Green et al. disclose the method of claim 16, Gandini discloses wherein sending information to the pool light (101) comprises powering the pool light by communicating with the pool light (i.e. LEDs can also be controlled to turn on or off at different times, and the intensity of certain types of LEDs can be increased or decreased at faster or slower rates relative to other types of LEDs, thus creating a variety of different types of lighting effects that can be applied in an aquarium lighting system to simulate the myriad of natural lighting conditions) (page 3 paragraph 0028; page 3 paragraph 0033see Figures 1 and 2).
Referring to claim 18, Gandini in view of Green et al. disclose the method of claim 16, Gandini discloses wherein communicating with the pool light (101) comprises communicating using near-field communications (110) (i.e. the lighting system 100 includes only the lighting unit 101, where the lighting unit 101 is configured to operate in response to information that is received through near field communication channels (e.g., from the NFC-based control unit 102) (page 3 paragraph 0030 and 0034; see Figures 1 and 3A).
Referring to claim 19, Gandini in view of Green et al. disclose the method of claim 16, Gandini discloses wherein sending information to the pool light (101) or receiving information from the pool light at least while the pool light is not powered or functional comprises using near-field communications to set a color mode on the pool light (i.e. different colored LEDs or combinations of LEDs enable different lighting effects that can be applied to/in an aquarium or other marine environment lighting system to simulate natural lighting conditions and thus foster biological growth in same) (page 2 paragraphs 0026-0027; see Figure 1).
Referring to claim 20, Gandini in view of Green et al. disclose the method of claim 16, Gandini discloses wherein communicating with the pool light (101) comprises communicating using a piece of pool equipment (i.e. LEDs can also be controlled to turn on or off at different times, and the intensity of certain types of LEDs can be increased or decreased at faster or slower rates relative to other types of LEDs, thus creating a variety of different types of lighting effects that can be applied in an aquarium lighting system to simulate the myriad of natural lighting conditions discussed above) (page 3 paragraphs 0028; 0031-0033; see Figure 1).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Gandini (US Pub. No. 2015/0061541) in view of Green et al. (US# 9,548,797) as applied to claim 8, and further in view of Weber et al. (Pub. No. 2019/0246455).
Referring to claim 9, Gandini in view of Green et al. disclose the equipment of claim 8, However, Gandini in view of Green et al. did not explicitly disclose wherein the equipment for the swimming pool or spa comprises at least one of a pool light, a pump, an automatic swimming pool cleaner, or a sensor for the swimming pool or spa.
In the same field of endeavor of an apparatus for a small water environment, Weber et al. teach that the equipment (100) for the swimming pool or spa (600) is at least one of a pump (106), a heater (108), or a sensor (120) (i.e. a bathing water heating device 100 (referred to hereinafter simply as “heating device 100”) is shown. As set forth below, the heating device 100 may be used in small water environments (e.g., small water environment 600 illustrated in FIG. 6), including, but not limited to, a bathtub (e.g., in a home, hotel, etc.), a sink, a pet washing station, an aquarium, and the like. The heating device 100 includes a housing 102, an inner container 104, a pump 106, a heating element 108, an electrical power source 110, a wireless charging circuit 112, a microcontroller 114, and a wireless transceiver 116) (page 2 paragraph 0023; paragraph 0027; see Figure 1).
At the time of the effective filing date of the current application, it would have been obvious to a person of ordinary skill in the art to recognize having the equipment for the swimming pool or spa includes a pump, a heater, or a sensor for the swimming pool or spa taught by Weber et al. in the lighting system with the NFC communication unit has heat output and submergibility in liquid of Gandini in view of Green et al. because having the equipment for the swimming pool or spa includes a pump, a heater, or a sensor for the swimming pool or spa would provide a flexible way to construct a plurality of different uses in the water environment control system
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Refer to the enclosed PTO-892 for details.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NAM V NGUYEN whose telephone number is 571-272-3061. Fax number is (571) 273-3061. The examiner can normally be reached on 8:00AM-5:00PM Monday to Friday.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Quan-Zhen Wang can be reached on 571-272-3114. The fax phone numbers for the organization where this application or proceeding is assigned are 571-273-8300 for regular communications.
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/NAM V NGUYEN/
Primary Examiner, Art Unit 2685