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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 4/23/26 has been entered.
Response to Arguments
Applicant’s arguments, see Pg. 5, filed 4/23/26, with respect to the rejection(s) of claim(s) 1 under 35 USC 103 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 Therefore, the rejection has been withdrawn.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 newly found prior art US 11,821,232 (Bolen) which teaches a pool cover comprising a visual indicator on a non-rigid surface.
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 Objections
Claim 10 is objected to because of the following informalities:
Claim 10 states “controlling the visual indicator on a pool cover” however the pool cover has already been positively recited along with its non-rigid surface.
Appropriate correction is required.
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 and 21 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. 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).
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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
GB2537174 (Ahmed) teaches a pool cover comprising a plurality of visual indicators which are integrated lights each having multiple lighting elements to facilitate different displays/indications (colors, flashing, patterns).
US 11,226,089 (McRae) teaches a screen or covering with a non-rigid surface which can be rolled for storage and comprises a plurality of controllable visual indicators in its surface.
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
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