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 .
Response to Arguments
Applicant's arguments filed 9/4/26 have been fully considered but they are not persuasive.
Applicant has argued that their figures already depict a pool cover with a non-rigid surface that supports/contains a controllable visual indicator and which is configured to be rolled up by citing to Para. 0031 and referencing Figs. 1-3 however this is not persuasive.
The pool cover of Fig. 1 is not disclosed as having a non-rigid surface and is not disclosed as ‘rolling up’ for storage. Para. 0031 of the specification only discloses that the cover of Fig. 2 can have flexible solar panels integrated into the “fabric or material forming the pool cover”. This establishes that the cover which incorporates flexible solar panel can be made in part or in whole with fabric. The disclosure differentiates the systems in Fig. 1 as reference 104 while the system of Fig. 2 is reference 204 and Para. 0031 indicates that “Fig. 2 illustrates another example of a pool cover system 204 according to embodiments” which indicates it is different than the cover of Fig. 1.
Applicant’s disclosure mentions in Para. 0022 and 0031 that flexible solar panels can be integrated “into a plane of the fabric or material forming the pool cover 106” on a cover so that they can be “rolled up and/or otherwise stowed with the cover 106”, however this does not establish specifically locating controllable visual indicators on ‘a non-rigid surface’ of the pool cover, does not establish that part of the cover is rigid and part is non-rigid or otherwise define what part of the cover is fabric.
Applicant has previously amended their claims to require the positioning of the controllable visual indicators specifically on a non-rigid surface and as such either the entirety of the cover in Fig. 2 should be indicated as a ‘non-rigid surface’ with a reference indicating such and assigned to the disclosed fabric which is the basis for the claim language, a specific surface which is non-rigid and which is supported by the original disclosure should be indicated or the claims should indicate that the cover is made of a non-rigid material, such as fabric, and that the controllable visual indicators are attached to a surface of such a cover.
In response to applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971).
In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
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, the base reference of US 11,821,232 (Bolen) discloses a pool cover comprising a non-rigid surface upon which a visual indicator is installed which is activated based upon signals from a controller monitoring a sensor and as such the visual indicator is being controlled based upon detected/measured sensor readings. Bolen also establishes that the cover and its control system monitor various parameters including the air pressure, temperature, cover height and the development of bacteria and/or algae (C7 L18-20).
Applicant has asserted that these parameters are only measured regarding the cover and as such they argue that this does not establish a need or desire to monitor external conditions which is not persuasive. It is noted that Applicant’s reference to Bolen’s statement about algae and bacteria forming on the cover is from a different part of Bolen’s disclosure than it’s discussion regarding the sensors and is not stated to be what the sensors are monitoring for. Instead the section cited by Applicant, Column 1 Lines 48-50, is discussing the failures/drawbacks of prior art cover devices. Furthermore Bolen discloses using cover materials to inhibit the growth of algae and bacteria (C2 L57-59) indicating that such a connection between algae growth on depressions of the cover in the background discussions and the later disclosed sensors of Bolen’s invention are not inherently linked.
Bolen discloses that “The sensor 117 can be linked to a smart phone 119, which has an application already downloaded to monitor conditions under the cover” (C7 L15-17) which explicitly discloses a feature and/or desire to monitor conditions other than those of the cover and to at least transmit details regarding those conditions to a controller or an external device. Likewise the temperature sensor, even if only monitoring cover temperature which is not stated by Bolen, would be measuring a temperature directly impacted by the temperature of the environment which the cover is in including the pool water temperature and the external environment.
As such Bolen establishes providing multiple sensors as part of a cover system to monitor multiple parameters of both the cover and the surrounding environment (conditions under the cover) and establishes using the collected data from said sensors to both activate a controllable visual indicator on the cover and to communicate with an external device.
Potucek (US 10,219,975) is a system and method for monitoring and controlling a pool environment and as such is related art which one of ordinary skill in the art would look to for improvement, optimization and alternate design choices. Potucek teaches providing visual indicators (14h/114h/214h/314h) which are controllable (78/1800; Fig. 24-25AB) based at least partially on information received from an external device including a user (1802) and other sensors of the pool system (1818 – data received from external sensors such as light level and chemical levels in the pool, other information sources depicted in chart 1800).
As such one of ordinary skill would recognize that a pool cover which already has a controllable visual indicator, already controls that visual indicator based upon a sensor reading and which already monitors additional parameters not controlling the visual indicator could further benefit a user or otherwise be customized to their specific design choices/requirements by utilizing the visual indicator and/or providing additional visual indicators to visually alert users to the status of the other already monitored parameters and/or to incorporate additional external information sources such as user inputs or external sensors that are part of the pool system/environment but external to the cover into the control of the visual indicator.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the:
Pool cover with a non-rigid surface comprising controllable visual indicators in a rolled-up configuration
The non-rigid surface of the covers upon which the controllable visual indicators are installed
must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claims 1-3, 5, 10-15, 21 and 23-24 are rejected under 35 U.S.C. 103 as being unpatentable over US 11,821,232 (Bolen) in view of US 10,219,975 (Potucek).
Regarding claim 1, Bolen discloses a pool cover system for a swimming pool or spa, the pool cover system comprising:
a pool cover (100/110) comprising a non-rigid surface (112; C6L16-22); and
a controllable visual indicator (161; C7 L18-20; Fig. 3) on the non-rigid surface, the controllable visual indicator configured to provide a controllable, changeable or adjustable visual indication while the pool cover is in a covering position relative to the swimming pool or spa (C7 L18-20 – the visual indicator is controllable, changeable or adjustable as it activates/generates an indication/signal based upon detected conditions of the pool and/or cover);
wherein the pool cover is adjustable between the covering position in which the non-rigid surface of the pool cover extends over the water of the swimming pool or spa (Figs. 1-3), and an uncovered position in which the non-rigid surface of the pool cover does not extend over at least a portion of the water of the swimming pool or spa (C5 L50-53, C7 L6-11 - the cover is removable and secured through fasteners 116).
Bolen further discloses that the cover system comprises sensors which transmit information related to the pool and cover to an external control device of a user (phone 119) and that the cover comprises a visual indicator responsive to one internally monitored parameter regarding the inflation level of the cover (C7 L15-20). As such Bolen establishes the cover system is configured to gather data/information from the cover and pool environment, use some of that data for controlling the visual indicator and transmitting the remaining data to a user.
Bolen, however, does not explicitly disclose that the pool cover system is configured to receive information from an external device and control the visual indicator based at least partially on the received information.
Potucek teaches a swimming pool lighting assembly and control system comprising a plurality of visual indicators (14h/114h/214h/314h) which are controllable (78/1800; Fig. 24-25AB) based at least partially on received information (1802 – user input; 1818 – data received from external sensors such as light level and chemical levels in the pool, other information sources depicted in chart 1800).
It would have been obvious to one of ordinary skill in the art to configure the pool cover system to receive information and control the visual indicator based at least partially on the received information, as taught by Potucek, to provide greater functionality to the pool system such as facilitating the automation of certain tasks such as activating lights based on environmental factors (night, cloudy) and/or activating or changing visual indicators to inform users of the status of the pool water (temperature, chemicals).
Regarding claim 2, Bolen in view of Potucek teaches configuring the pool cover to
control the visual indicator based upon received information as previously discussed. Bohlen further states that the pool cover system is configured to provide a pool system status using the changeable or adjustable visual indication in the form of using a visual indicator (116) to identify the inflation level of the cover (C7 L11-20).
Regarding claim 2 in the alternate, Bohlen in view of Potucek teaches configuring the pool cover to control the visual indicator based upon received information as previously discussed. Bohlen states that the pool cover system is configured to use a changeable and controllable visual indicator to indicate an inflation level of the cover (C7L15-20) and that the cover system gathers and transmits data relating to the pool system status (C7 L11-20) but doesn’t explicitly state that data is used to control the visual indicator.
Potucek further teaches that the received information can include information regarding a pool system status (Fig. 24 – 1814/1818 – sensors gathering information on the pool water and pool system for use in the lighting control logic 78) (Fig. 25G-25H - Visual indicator is controlled based on pool system status in the form of the status of the cover being open or closed being indicated by the control of the light/visual indicator activating or not. Fig. 25N-25P - visual indicator is changed or adjusted based on status of the water such as temperature and chemical levels).
It would have been obvious to one of ordinary skill in the art to configure the pool cover to control the visual indicator based upon a pool system status, as taught by Potucek, for user convenience and/or safety (For example a change in light color or pattern based upon measured water temperature or chemical levels to warn a user and/or inform them of a need for user action).
Regarding claim 3, Bohlen states that the visual indicator (161) on the cover is a light and is part of the cover (C7 L18-20) and as such the visual indicator on the pool cover comprises integrated lighting.
Regarding claim 5, Bohlen states that the visual indicator comprises a light source (161) along at least a portion of a perimeter of the pool cover (Fig. 3 – light is on a portion of the perimeter of the cover).
Regarding claim 10, Bolen discloses a method of controlling a pool cover comprising::
controlling a positioning of the pool cover (100/110) relative to a swimming pool or spa, wherein the pool cover comprises a non-rigid surface (112; C6L16-22) and a controllable visual indicator (161; C7 L18-20; Fig. 3) on the non-rigid surface,
wherein the pool cover is adjustable between the covering position in which the non-rigid surface of the pool cover extends over the water of the swimming pool or spa (Figs. 1-3), and an uncovered position in which the non-rigid surface of the pool cover does not extend over at least a portion of the water of the swimming pool or spa (C5 L50-53, C7 L6-11 - the cover is removable and secured through fasteners 116);
the visual indicator receiving information (C7 L18-20 – receiving at least data related to the inflation level of the cover) and the cover system gathering and transmitting data to a user (C7 L11-20); and
controlling the visual indicator on the pool cover to provide a controllable, changeable or adjustable visual indication at least while the pool cover is in the covering position relative to the swimming pool or spa (C7 L18-20 – the visual indicator is controllable, changeable or adjustable as it activates/generates an indication/signal based upon detected conditions of the pool and/or cover).
Bolen discloses that the cover system comprises sensors which transmit information related to the pool and cover to an external control device of a user (phone 119) and that the cover comprises a visual indicator responsive to one internally monitored parameter regarding the inflation level of the cover (C7 L11-20). As such Bolen establishes the cover system is configured to gather data/information from the cover and pool environment, use some of that data for controlling the visual indicator and transmitting the remaining data to a user.
Bolen, however, does not explicitly disclose that the pool cover system receives information from an external device and control the visual indicator based at least partially on the received information.
Potucek teaches a method of controlling a swimming pool lighting assembly comprising a plurality of visual indicators (14h/114h/214h/314h) which are controllable (78/1800; Fig. 24-25AB) based at least partially on received information (1802 – user input; 1818 – data received from external sensors such as light level and chemical levels in the pool, other information sources depicted in chart 1800).
It would have been obvious to one of ordinary skill in the art to configure the pool cover system to receive information and control the visual indicator based at least partially on the received information, as taught by Potucek, to provide greater functionality to the pool system such as facilitating the automation of certain tasks such as activating lights based on environmental factors (night, cloudy) and/or activating or changing visual indicators to inform users of the status of the pool water (temperature, chemicals).
Regarding claim 11, Bolen in view of Potucek teaches a method of controlling the visual indicator based upon received information as previously discussed. Bohlen further states providing a pool system status by controlling the visual indicator based on the pool system status in that the method involves using a visual indicator (116) to identify the inflation level of the cover (C7 L11-20).
Regarding claim 11 in the alternate, Bohlen in view of Potucek teaches controlling the visual indicator based upon received information as previously discussed. Bohlen states that the pool cover system is configured to use a changeable and controllable visual indicator to indicate an inflation level of the cover (C7L15-20) and that the cover system gathers and transmits data relating to the pool system status (C7 L11-20) but doesn’t explicitly state that the pool status data is used to control the visual indicator.
Potucek further teaches that the received information can include information regarding a pool system status (Fig. 24 – 1814/1818 – sensors gathering information on the pool water and pool system for use in the lighting control logic 78) (Fig. 25G-25H - Visual indicator is controlled based on pool system status in the form of the status of the cover being open or closed being indicated by the control of the light/visual indicator activating or not. Fig. 25N-25P - visual indicator is changed or adjusted based on status of the water such as temperature and chemical levels).
It would have been obvious to one of ordinary skill in the art to control the visual indicator based upon a pool system status, as taught by Potucek, for user convenience and/or safety (For example a change in light color or pattern based upon measured water temperature or chemical levels to warn a user and/or inform them of a need for user action).
Regarding claim 12 in the alternate, Bohlen in view of Potucek teaches controlling the visual indicator based upon received information as previously discussed. Bohlen states that the pool cover system is configured to use a changeable and controllable visual indicator to indicate an inflation level of the cover (C7L15-20) and that the cover system gathers and transmits data relating to the pool system status to a user (C7 L11-20) but doesn’t explicitly state that the visual indicator is controlled based on information received from a user.
Potucek further teaches that the method of controlling the visual indicator based on received information includes controlling the visual indicator based on information received from a user (1802; Fig. 25C).
It would have been obvious to one of ordinary skill in the art to control the visual indicator based upon information received from a user, as taught by Potucek, so as to facilitate user control of the visual indicator as they require/desire.
Regarding claim 13, Bohlen in view of Potucek teaches the method of controlling a visual indicator of a pool cover based on received information as previously discussed.
Potucek further teaches that the method of controlling the visual indicator based on received information includes controlling the visual indicator based on pre-set information (Figs. 25j-25p - pre-set information such as chemical levels, temperature ranges and set times to control the operation of the visual indicators).
It would have been obvious to one of ordinary skill in the art to control the visual indicator based on pre-set information, as taught by Potucek, so as to automate certain functions such as activating the visual indicators at specific times of the day or light conditions and/or to provide/communicate additional information to the user such as the status of the pool water (temperature, chemical levels).
Regarding claim 14, Bohlen in view of Potucek teaches a method of controlling a visual indicator based at least partially on received information as previously discussed. However Bohlen does not state the use of the visual indicator to provide an entertainment display on the cover.
Potucek further teaches that the method of controlling the visual indicator based upon received information can include providing an entertainment display comprising a light pattern based on user inputs/selection of color and activation patterns (Fig. 25C).
It would have been obvious to one of ordinary skill in the art to control a visual indicator so as to provide an entertainment display comprising at least a light pattern, as taught by Potucek, to provide greater functionality to the pool cover such as by facilitating use of the swimming pool cover for entertainment during celebrations or increasing the overall aesthetics of the pool and a surrounding area.
Regarding claim 15, Bohlen in view of Potucek teaches a method of controlling a visual indicator based at least partially on received information as previously discussed. Bohlen specifically states issuing an alert with a visual indicator regarding the status of the pool cover but doesn’t state providing a weather forecast on the cover.
Potucek further teaches that the method of controlling the visual indicators based at least partially on received information includes receiving weather forecast data (1810) and providing a weather forecast by controlling the visual indicators (Fig. 25W).
It would have been obvious to one of ordinary skill in the art to control the visual indicator so as to provide a weather forecast, as taught by Potucek, for user convenience, to provide greater functionality to the pool system and/or to ensure user safety/provide warnings to users of impending dangerous conditions.
Regarding claim 21, Bohlen states that the non-rigid surface of the pool cover comprises fabric (vinyl; C5 L59-65).
Regarding claim 23, Bohlen in view of Potucek teaches a pool cover comprising a controllable visual indicator configured to be controlled by information received from an external device as previously discussed. Bolen states the inclusion of a sensor (117) which can monitor temperature, that the cover system can transmit data to an external device and is configured to monitor conditions under the cover of the pool (C7 L11-20) but does not explicitly state that the sensor monitors information about the pool water below the cover or equipment below the pool cover.
Potucek further teaches that the external information received by a controller and used to control visual indicators of a pool system includes information related to the pool water (1818 – pool temperature, chemical content and underwater noise) and equipment which would be under a pool cover when the cover is deployed (1814 – chlorinator, cleaner, pumps, water features).
It would have been obvious to one of ordinary skill in the art to configure the pool system to utilize the visual indicator to indicate information regarding the pool water or equipment under the deployed pool cover, as taught by Potucek, so that a user can be readily informed about conditions under the deployed cover without having to remove the cover/prior to removing the cover so that they may take appropriate actions before using the pool (for convenience such as setting temperatures or ensuring chemical balance before use) and/or before conditions worsen/an emergency occurs (dangerous chemical balance, development of algae/bacteria, equipment operating outside of safe conditions).
Regarding claim 24, Bohlen in view of Potucek teaches a method of controlling a pool cover comprising controlling a controllable visual indicator based upon received external information as previously discussed. Bolen further states using a sensor (117) to monitor temperature, transmitting sensor data to an external device and monitoring conditions under the cover of the pool (C7 L11-20) but does not explicitly state that the sensor monitors information about the pool water below the cover or equipment below the pool cover.
Potucek teaches a method of controlling a pool system including controllable visual indicators based upon received external information as previously discussed. Potucek further teaches that the external information received by a controller and used to control visual indicators of a pool system includes information related to the pool water (1818 – pool temperature, chemical content and underwater noise) and equipment which would be under a pool cover when the cover is deployed (1814 – chlorinator, cleaner, pumps, water features).
It would have been obvious to one of ordinary skill in the art to control the visual indicator to indicate received information regarding the pool water or equipment under the deployed pool cover, as taught by Potucek, so that a user can be readily informed about conditions under the deployed cover without having to remove the cover/prior to removing the cover so that they may take appropriate actions before using the pool (for convenience such as setting temperatures or ensuring chemical balance before use) and/or before conditions worsen/an emergency occurs (dangerous chemical balance, development of algae/bacteria, equipment operating outside of safe conditions).
Claim 22 is rejected under 35 U.S.C. 103 as being unpatentable over Bohlen in view of Potucek as applied to claim 1 above, and further in view of US 2021/0246818 (Dautrich).
Regarding claim 22, Bohlen states that the cover has a non-rigid surface which can be inflated or deflated and which can be installed over a pool/spa or removed from a pool/spa as previously discussed. Bohlen, however, does not explicitly state that in the uncovered position at least a portion of the non-rigid surface is rolled up.
Dautrich teaches an inflatable swimming pool cover (Fig. 2) comprising a non-rigid surface (11) configured to be secured over the water (17) of a pool/spa (16) (Fig. 3). When in an uncovered position from the spa (Fig. 1) the at least a portion of the non-rigid surface is rolled for storage (Para. 0020).
It would have been obvious to one of ordinary skill in the art to roll at least part of the non-rigid surface of the cover in the uncovered position, as taught by Dautrich, so that the cover can be more conveniently stored/takes up less space when it is not be utilized as a cover for the pool/spa.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICHOLAS A ROS whose telephone number is (571)270-3577. The examiner can normally be reached Mon.-Fri. 9:00-6:00.
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, David Angwin can be reached at 571-270-3735. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/NICHOLAS A ROS/Examiner, Art Unit 3754
/DAVID P ANGWIN/Supervisory Patent Examiner, Art Unit 3754
