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, see Pg. 5, filed 11/12/25, with respect to the rejection(s) of claim(s) 1 and 10 under 35 USC 102 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of previously presented prior art EP3498937 (Buhlmeyer) which teaches a roll-up swimming pool cover comprising visual indicators in the form of light sources/LED’s.
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 and 10-15 are rejected under 35 U.S.C. 103 as being unpatentable over EP 3498937 (Buhlmeyer) in view of US 10,219,975 (Potucek).
Regarding claim 1, Buhlmeyer discloses a pool cover (1) for a swimming pool or spa, the pool cover comprising:
a visual indicator (9) configured to provide visual indication while the pool cover is in a covering position relative to the swimming pool or spa,
wherein the pool cover is adjustable between the covering position in which the pool cover extends over water of the swimming pool or spa and an uncovered position in which the pool cover does not extend over the water of the swimming pool (Specification - Roller shutter cover, describes opening/closing through a rolling/winding process);
Buhlmeyer further discloses that the pool cover can be provided with additional functional elements besides visual indicators including sensors and dispensers (9’/9’’; Specification) which can be controlled from an external control unit such as through radio, internet (WLAN) and/or a smartphone (Specification) but does not explicitly disclose controlling the visual indicator at least partially based on information received by the pool cover.
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 sensors, 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 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 the pool cover status or providing additional information/convenience to users by adjusting visual indicators to quickly and visually provide information such as the water temperature of the pool.
Regarding claim 2, Buhlmeyer in view of Potucek teaches configuring the pool cover to control the visual indicator based upon received information as previously discussed.
Potucek further teaches that the received information can include information regarding a pool system status (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 - visual indicator is changed or adjusted based on temperature of pool system).
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 (such as changing a light color based upon water temperature).
Regarding claim 3, Buhlmeyer states that the visual indicator of the pool cover comprises integrated lighting (functional element/light 9 is a light which Buhlmeyer states can be an LED).
Regarding claim 5, Buhlmeyer states that the visual indicators (9) comprises a light source (lights/LED’s 9) along at least a portion of a perimeter of the pool cover (Fig. 1).
Regarding claim 10, Buhlmeyer discloses a method of controlling a pool cover (1) comprising:
controlling a position of the pool cover relative to a swimming pool or spa, wherein the pool cover is adjustable between a cover position in which the pool cover extends over water of the swimming pool or spa and an uncovered position in which the pool cover does not extend over the water of the swimming pool or spa (Specification - Roller shutter cover, describes opening/closing through a rolling/winding process);
providing a visual indicator (9) configured to provide visual indication while the pool cover is in a covering position relative to the swimming pool or spa,
Buhlmeyer further discloses that the method of controlling the pool cover can include providing additional functional elements besides visual indicators including sensors and dispensers (9’/9’’; Specification) and controlling said functional elements from an external control unit such as through radio, internet (WLAN) and/or a smartphone (Specification) but does not explicitly disclose a method of controlling the visual indicator at least partially based on information received by the pool cover.
Potucek teaches a method of controlling visual indicators of a swimming pool comprising providing a plurality of visual indicators (14h/114h/214h/314h), a control system of the visual indicators (78) receiving external information (chart 1800; Figs. 24-25AB) and controlling the visual indicators based at least partially on received information (1802 – user input, 1818 – data received from sensors, other information sources depicted in chart 1800).
It would have been obvious to one of ordinary skill in the art to control the visual indicators based at least partially on 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 the pool cover status or providing additional information/convenience to users by adjusting visual indicators to quickly and visually provide information such as the water temperature of the pool.
Regarding claim 11, Buhlmeyer 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 providing a pool system status by controlling the visual indicator based on the pool system status (Fig. 25G-H – Visual indicator controlled based on pool system status in the form of the status of the cover being open or closed. Fig. 15N – visual indicator control based on temperature of the pool system).
It would have been obvious to one of ordinary skill in the art to provide a pool system
status by controlling the visual indicator, 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 the pool cover status or providing additional information/convenience to users by adjusting visual indicators to quickly and visually provide information such as the water temperature of the
pool.
Regarding claim 12, Buhlmeyer 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 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, Buhlmeyer 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, Buhlmeyer in view of Potucek teaches a method of controlling a visual indicator based at least partially on received information as previously discussed. Buhlmeyer further states that the pool cover serves as a projection surface for optical or lighting effects (Specification) from the visual indicator but doesn’t explicitly state the provision of an entertainment display comprising at least one of a light pattern, an image or a video.
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 the 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, Buhlmeyer in view of Potucek teaches a method of controlling a visual indicator based at least partially on received information as previously discussed. Buhlmeyer further states that the pool cover serves as a projection surface for optical or lighting effects (Specification) from the visual indicator 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.
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.
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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.
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/NICHOLAS A ROS/Examiner, Art Unit 3754
/DAVID P ANGWIN/Supervisory Patent Examiner, Art Unit 3754