DETAILED ACTION
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 .
Claims 1-20 are pending in the application.
Claims 1-15 are elected.
Claims 16-20 are withdraw from consideration.
Examiner’s Note: The examiner has cited particular passages including column and line numbers, paragraphs as designated numerically and/or figures as designated numerically in the references as applied to the claims below for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claims, other passages, paragraphs and figures of any and all cited prior art references may apply as well. It is respectfully requested from the applicant, in preparing an eventual response, to fully consider the context of the passages, paragraphs and figures as taught by the prior art and/or cited by the examiner while including in such consideration the cited prior art references in their entirety as potentially teaching all or part of the claimed invention. MPEP 2141.02 VI: “PRIOR ART MUST BE CONSIDERED IN ITS ENTIRETY, INCLUDING DISCLOSURES THAT TEACH AWAY FROM THE CLAIMS."
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 02/29/2024 and 03/26/2025 was filed after the mailing date of the first office action. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Election/Restrictions
Applicant’s election without traverse of group I claims 1-15 in the reply filed on 11/25/2024 is acknowledged.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-15 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Claim 1 recite a method of
operating a swimming pool or spa comprising controlling equipment for the swimming pool or spa based on a predicted future state of the swimming pool or spa.
Claim 9, recites a method of controlling equipment for a swimming pool or spa, the method comprising:
receiving a scheduled future use for the swimming pool or spa;
predicting a future state of the swimming pool or spa based on the scheduled future use; and
controlling the equipment to perform cleaning or other action based on the predicted future state.
Step 1: the claims directed to a method of steps, which is a statutory category of invention (process) under U.S.C. 101.
Step 2A, Prong One: Claims 1 and 9 recite a judicial exception, specifically an abstract idea.
Claim 1 recites the following limitations “operating a swimming pool or spa comprising controlling equipment for the swimming pool or spa based on a predicted future state of the swimming pool or spa.”
Claim 9 recites the following limitations “receiving a scheduled future use for the swimming pool or spa; predicting a future state of the swimming pool or spa based on the scheduled future use; and controlling the equipment to perform cleaning or other action based on the predicted future state.”
These limitation describe collecting information, analyzing information, and making decision based on the analysis. Such steps constitute mental process which are identified by the courts as abstract ideas (see MPEP 2106.04(a)).
The limitation controlling equipment…based on a predicted future state of the swimming pool or receiving future use…predicting a future state of the swimming pool and controlling the equipment to perform cleaning, as drafted, is a process that, under its broadest reasonable interpretation, covers performance of limitation in the mind such as reviewing a planned pool usage schedule, observing the pool’s condition, and deciding when to clean or perform maintenance. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
Step 2A, Prong Two: the claims do not integrate the abstract idea into a practical application. Although the claims recite “controlling the equipment”, the equipment is recited in a generic and functional manner, without any specific structure, control technique, or technological improvement. The claims do not specify how the prediction is technically generated, how the equipment is controlled in a non-conventional manner, or any improvement to pool or spa equipment or to computer technology itself.
The claims merely apply the abstract idea to a particular filed or use (pool or spa maintenance) and performs routine actions based on the result of the abstract idea. Limiting the abstract idea to a particular technological environment and performing insignificant post-solution activity does not integrate the exception into a practical application (MPEP 2016.05(g)).
Step 2B: The additional elements, including “controlling the equipment”, are well-understood, routine, and conventional activities in the field of pool and spa maintenance [SEE MPEP 2106.07 (a) III - Berkheimer v. HP, Inc., 881 F.3d 1360, 1368, 125 USPQ2d 1649, 1654 (Fed. Cir. 2018)]. The claims do not recite any unconventional hardware, specialized control logic, or technical improvement that would amount to an inventive concept.
The claims merely use conventional equipment to carry out the abstract idea of predictive decision-making, which is insufficient to transform the abstract idea into patent-eligible subject matter. Accordingly, the claims do not include additional elements that amount to significant more than the abstract idea.
Therefore, claims 1 and 9 is not patent-eligible under 35 U.S.C 101.
Claims 2-7 dependent on claim 1, the claims further limit claim 1 by additional types of input data, characteristics being predicted, generic equipment involved in the control, or generating a schedule so characteristics meet desired states. Specifically:
Claim 2, adds receiving future occupant information is merely expanding the scope of information considered, which is insufficient to transform the abstract idea into patent-eligible subject matter.
Claim3, adds receiving environmental information is merely expanding the scope of information considered, which is insufficient to transform the abstract idea into patent-eligible subject matter.
Claim 4, specified the type of predicted future state (water quality, debris level, temperature) merely describes the intended result of the abstract idea.
Claim 5, adds comparing the predicted state to a desired state at a set time and scheduling control constitutes insignificant post-solution activity.
Claim 6 enumerates examples of pool/spa equipment amounts to generic field-of-use limitations and does not recite any unconventional control mechanism or technological improvement.
Claim 7, adds generating a schedule for controlling equipment so characteristic meet desired states constitutes insignificant post-solution activity.
These limitations continue to recite collecting information, analyzing information, and making decisions based on the analysis, which are forms of mental processes. None of these claims alter the fundamental character of the invention from that of an abstract idea. The claims do not add any additional elements that amount to significantly more than the abstract idea. The added limitations reflect well-understood, routine, and conventional activities. Therefore, claims 2-7 are not patent-eligible under 101.
Claims 10-14 dependent on claim 9, the claims further limit claim 1 by involving scheduling future used and predictive control. Specifically:
Claim 10 adds specific types of scheduled-use information (occupant number/type, duration, start time) is merely expanding the scope of information considered, which is insufficient to transform the abstract idea into patent-eligible subject matter.
Claim 11 adds generating a schedule so characteristics meet desired states constitutes insignificant post-solution activity.
Claims 12 and 13 add additional data inputs (environmental data, pool characteristic data) is merely expanding the scope of information considered.
Claim 14 adds specific predicted pool/spa characteristics is merely involving analysis of the mind.
The claims fail to add an inventive concept because they rely entirely on conventional data processing and scheduling concepts implemented using generic control logic can perform in the mind with pen and paper. None of these claims alter the fundamental character of the invention from that of an abstract idea. The claims do not add any additional elements that amount to significantly more than the abstract idea. The added limitations reflect well-understood, routine, and conventional activities. Therefore, claims 10-14 are not patent-eligible under 101.
Claims 8 and 15 dependent of claim 1 and 9 respectively. They recite “a pool control system for controlling a piece of equipment”. However, it is recited at a high level of generality that it represents no more than mere instructions to apply to judicial exceptions on a computer. As such, it is nothing more than an attempt to generally link the used of the judicial exceptions to the technological environment of a controller. Thus, the claims are not eligible.
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(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.
Claim(s) 1-4, 6-15 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Yizhack et al. U.S. Patent No. 11,939,236 (“Yizhack”).
Regarding claim 1, Yizhack discloses a method of operating a swimming pool or spa comprising controlling equipment for the swimming pool or spa based on a predicted future state of the swimming pool or spa.
A method for monitoring, analysis and maintenance of swimming pools, said method comprising: for each swimming pool: receiving sensor data from at least one sensor located inside or in a vicinity of the swimming pool; receiving non-sensory data from at least one source, said non-sensory data being pertinent at least to planned activities, said planned activities pertain at least to a predicted number of pool occupants predicted to be in the swimming pool; and applying one or more machine learning algorithms, configured to analyze the received sensor data and non-sensory data, of the swimming pools, for obtaining an optimal policy of maintenance of the swimming pool for a predefined future period, based on analysis of the received sensor data and non-sensory data, also including the predicted number of pool occupants, wherein the optimal policy comprises one or more maintenance actions and schedules thereof; and performing the one or more maintenance actions of the optimal policy of the swimming pool, by controlling operation of one or more instruments of the swimming pool, according to maintenance actions and schedules thereof as set in the optimal policy of the swimming pool. [col. 22 lines 30-55 (claim 1-8 of Yizhack)]
Regarding claim 2, Yizhack discloses receiving future occupant information and predicting the future state of the swimming pool [water quality] or spa based on the received future occupant information [see col. 2 line 45 to col. 4 line 32].
Regarding claim 3, Yizhack discloses receiving environmental information [weather forecasts and climatic data – col. 1 lines 45-46] and predicting the future state of a swimming pool or spa based on the received environmental information [see col. 3 line 62 to col. 4 line 32; col. 9 line 64 to col. 10 line 11; col. 15 lines 49-54].
Regarding claim 4, Yizhack discloses predicted future state of the swimming pool spa comprises a predicted future state for at least one of a water quality of the swimming pool or spa [col. 17 line 58 to col. 18 line 9; col. 5 lines 33-43], a debris level of the swimming pool or spa, or a temperature of the swimming pool or spa.
Regarding claim 6, Yizhack discloses the equipment for the swimming pool or spa comprises at least one of a pump, an automatic swimming pool cleaner, a hydraulic swimming pool cleaner, a filtration system, a chemical dosing system, a heater, or a skimming system [see col. 6 line 26-40; col. 8 lines 5-34].
Regarding claim 7, Yizhack discloses predicting the future state [water quality] based on a scheduled future use of the swimming pool or spa [receiving non-sensory data from at least one source, said non-sensory data being pertinent at least to planned activities];
receiving environmental data [col. 9 line 64 to col. 10 line 9];
receiving data about at least one characteristic of the swimming pool or spa [see col. 10 lines 1-3]; and generating a schedule for controlling the equipment based on the predicted future state, the environmental data, and the data about at least one characteristic of the swimming pool or spa.
Non-sensory data, accumulated from a plurality of sources, pertinent to at least one of: pools' design parameters and characteristics, pools' required maintenance procedures, pools' location and environmental conditions, online weather forecasts and climatic data. [Col. 1 lines 41-45]
A method for monitoring, analysis and maintenance of swimming pools, said method comprising: for each swimming pool: receiving sensor data from at least one sensor located inside or in a vicinity of the swimming pool; receiving non-sensory data from at least one source, said non-sensory data being pertinent at least to planned activities, said planned activities pertain at least to a predicted number of pool occupants predicted to be in the swimming pool; and applying one or more machine learning algorithms, configured to analyze the received sensor data and non-sensory data, of the swimming pools, for obtaining an optimal policy of maintenance of the swimming pool for a predefined future period, based on analysis of the received sensor data and non-sensory data, also including the predicted number of pool occupants, wherein the optimal policy comprises one or more maintenance actions and schedules thereof; and performing the one or more maintenance actions of the optimal policy of the swimming pool, by controlling operation of one or more instruments of the swimming pool, according to maintenance actions and schedules thereof as set in the optimal policy of the swimming pool. [col. 22 lines 30-55 (claim 1-8 of Yizhack)]
Regarding claim 8, Yizhack discloses a pool control system for controlling a piece of equipment pursuant to the method of claim 1 [see fig. 1-3].
Regarding claim 9, Yizhack discloses a method of controlling equipment for a swimming pool or spa, the method comprising:
receiving a scheduled future use for the swimming pool or spa [obtaining an optimal policy of maintenance of the swimming pool for a predefined future period – SEE par. below];
predicting a future state [Water quality – SEE col. 3 lines 1-18; SEE further fig. 10 and 13] of the swimming pool or spa based on the scheduled future use; and
controlling the equipment to perform cleaning or other action based on the predicted future state.
A method for monitoring, analysis and maintenance of swimming pools, said method comprising: for each swimming pool: receiving sensor data from at least one sensor located inside or in a vicinity of the swimming pool; receiving non-sensory data from at least one source, said non-sensory data being pertinent at least to planned activities, said planned activities pertain at least to a predicted number of pool occupants predicted to be in the swimming pool; and applying one or more machine learning algorithms, configured to analyze the received sensor data and non-sensory data, of the swimming pools, for obtaining an optimal policy of maintenance of the swimming pool for a predefined future period, based on analysis of the received sensor data and non-sensory data, also including the predicted number of pool occupants, wherein the optimal policy comprises one or more maintenance actions and schedules thereof; and performing the one or more maintenance actions of the optimal policy of the swimming pool, by controlling operation of one or more instruments of the swimming pool, according to maintenance actions and schedules thereof as set in the optimal policy of the swimming pool. [col. 22 lines 30-55 (claim 1-8 of Yizhack)]
Regarding claim 10, Yizhack discloses receiving the scheduled future use comprises receiving at least one of a number of occupants, a type of occupant, a duration of planned usage, or a start time and day of the planned usage [SEE col. 22 lines 30-55].
Regarding claim 11, Yizhack discloses controlling the equipment comprises generating a schedule for controlling the equipment such that at least one characteristic of the swimming pool or spa is at a desired state by a start of the scheduled future use [SEE col. 3 lines 1-18].
Regarding claim 12, Yizhack discloses receiving environmental data, and wherein predicting the future state of the swimming pool or spa is based on the scheduled future use and the environmental data [non-sensory data - SEE col. 3 lines 1-18 and col. 22 lines 30-55, Fig. 10 and 13].
Regarding claim 13, Yizhack discloses receiving data about at least one characteristic of the swimming pool or spa [SEE col. 1 lines 41-43], and wherein predicting the future state of the swimming pool or spa is based on the scheduled future use and the data about at least one characteristic of the swimming pool or spa [non-sensory data – SEE col. 9 line 64 to col. 10 line 5 and col. 21 line 30 to col. 22 line 30; SEE fig. 10-13].
Regarding claim 14, Yizhack discloses predicted future state of the swimming pool spa comprises a predicted future state for at least one of a water quality of the swimming pool or spa [col. 17 line 58 to col. 18 line 9; col. 5 lines 33-43 – SEE fig. 10-13], a debris level of the swimming pool or spa, or a temperature of the swimming pool or spa.
Regarding claim 15, Yizhack discloses a pool control system for controlling a piece of equipment pursuant to the method of claim 9 [see fig. 1-3].
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.
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.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yizhack as applied to claim 1 above, and further in view of Yizhack et al. WO2018/1228571 (“Yizhack 2”).
Regarding claim 5, Yizhack teaches the predicted future state is at a set time and scheduling control of the equipment for the swimming pool or spa based the desired state at the set time [receiving non-sensory data from at least one source, said non-sensory data being pertinent at least to planned activities, said planned activities pertain at least to a predicted number of pool occupants predicted to be in the swimming pool; and applying one or more machine learning algorithms, configured to analyze the received sensor data and non-sensory data, of the swimming pools, for obtaining an optimal policy of maintenance of the swimming pool for a predefined future period…. wherein the optimal policy comprises one or more maintenance actions and schedules thereof; and performing the one or more maintenance actions of the optimal policy of the swimming pool, by controlling operation of one or more instruments of the swimming pool, according to maintenance actions and schedules thereof as set in the optimal policy of the swimming pool].
6. The method of claim 4, wherein the recommendations/control parameters for each one of the swimming pools include at least one of: values for adding chemical or biological substances, and recommendation for maintenance of repairing or replacing pool system equipment or instruments.
7. The method of claim 1 wherein the optimal policy of a specific swimming pool from the swimming pools, includes a predefined target range of values of pool chemical and/or biological parameters.
8. The method of claim 7 further comprising correcting rates for closing chemical or biological substances, based on new reported events, by calculating an influence of said new reported events on a balance of chemical and biological parameters. [see col. 22 lines 30-45]
In summary, Yizhack teaches the system receives sensor data and non-sensory data relevant to pool operation including predicted numbers of occupants, environmental conditions, and weather forecasts and a machine learning models configured to learn relationships among water quality, usage patterns, environment factors. Based on this analysis, the system derives an optimal policy that specifies actions to achieve the desired state at the set future time. Yizhack does not expressly teach controlling the equipment comprises comparing the predicted future state to a desired state at the set time and scheduling control of the equipment for the swimming pool or spa based on a difference between the predicted future state and the desired state at the set time.
Yizhack 2 teaches a method for comprehensive monitoring, analysis and maintenance of water and equipment in swimming pools. Specifically, Yizhack 2 teaches controlling the equipment comprises comparing the predicted future state to a desired state at the set time and scheduling control of the equipment for the swimming pool or spa based on a difference between the predicted future state and the desired state at the set time.
applying machine learning or rule based algorithms at the online remote server configured to incorporate all the acquired data and obtain an optimal policy for pool maintenance by providing recommendations, control parameters.
recommendations / control parameters include at least one of: values for adding chemical or biological substances.
estimating pool future influences of weather behavior and planned activities at the pool on the values of chemical or biological substances within predefined future period and reevaluating the values of adding chemical or biological substances based on the estimated influences/effects, such that, said values of chemical or biological substances are within predefined range at the end of the predefined future period.
the step of correcting values for adding chemical or biological substances, based on new reported events, by calculating the influence of said new event on the balance of the chemical and biological parameters. [see claims in page 37]
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art combine the teachings of the cited reference because they both directed to the method of monitoring, analysis and maintenance of water and equipment in swimming pools. Yizhack 2 steps of controlling the equipment comprises comparing the predicted future state to a desired state at the set time and scheduling control of the equipment for the swimming pool or spa based on a difference between the predicted future state and the desired state at the set time would enable the system to accurately provide the desired state of the swimming pool or spa at the set future time.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
EP 3816854 A1 to Guillo el al. teach an invention relates to the field of swimming pools. It aims in particular to improve the control of basins and swimming pools, in particular to improve water parameters as a function of the real and / or estimated needs of users. Specifically, Guillo et al. teach the invention makes it possible to anticipate future conditions and to act on certain parameters of the swimming pool with a view to these predictions (eg prediction of frequentation of the swimming pool in view of the day, holidays, time and / or weather forecast).
U.S. Patent No. 10,287,180 to Kurani et al. teach the current and upcoming weather for the location of the body of water can be used to predict future chemical use. For example, hotter temperatures and sun exposure will result in a faster loss of chlorine rate. In an embodiment, the inventive system can factor in the thermal and solar exposure of the pool based on the weather and season of the year. The system can increase the predicted consumption of chlorine based on elevated temperatures and increased sun exposure or conversely reduce the predicted consumption of chlorine based on lower temperatures and decreased sun exposure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VINCENT HUY TRAN whose telephone number is (571)272-7210. The examiner can normally be reached on M-F 7:00-4:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Thomas C Lee can be reached on 571-272-3667. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/VINCENT H TRAN/Primary Examiner, Art Unit 2115
1 AU-2017388638-A1