DETAILED ACTION
This detailed action is in response to the application filed on 08/08/2023, and any subsequent filings.
Notations “C_”, “L_” and “Pr_” are used to mean “column_”, “line_” and “paragraph_”.
Claims 1-20 are pending. Claims 1-14 are elected. Claims 15-20 are non-elected.
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 .
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.
Claims 1-2, 5-9, 11 and 13 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by U.S. Publication US20170175410A1 (‘Smith’).
The Applicant’s claims are directed towards an apparatus (Claims 1-2 and 5-7) and a method (Claims 8-9, 11 and 13).
Regarding Claims 1-2, 5-9, 11 and 13, Smith teaches a skimming system for a swimming pool or spa (abstract and [0075]), the skimming system comprising an actuated ([0127]) weir door (Fig. 8, [0077], weir 170).
Additional Disclosures Included:
Claim 2: a controller (Fig. 21, [0119], processor 544) for actuating the weir door, wherein the controller actuates the weir door based on detected environmental conditions from one or more sensors (Fig. 21, [0119], water level sensor 543).
Claim 5: a controller (Fig. 21, [0119], processor 544) for actuating the weir door, wherein the controller actuates the weir door based on a status of a pump of the swimming pool or spa ([0127]).
Claim 6: the weir door is actuated such that the weir door is closed when the pump is off and actuated open when the pump is turned on ([0127]).
Claim 7: the weir door is a first weir door, wherein the skimming system comprises a plurality of weir doors (Fig. 8, [0077-0078], additional weir 230), and wherein actuation of the weir doors is synchronized ([0138], in response to water levels).
Claim 8: a method of creating a cleaning effect in a swimming pool or spa comprises actuating a weir door ([0077]).
Claim 9: actuating the weir door is based on environmental conditions ([0119], water level).
Claim 11: actuating the weir door is based on a status of a pump for the swimming pool or spa ([0127]).
Claim 13: the weir door is a first weir door of a plurality of weir doors (Fig. 8, [0077-0078], additional weir 230), and wherein the method comprises synchronizing actuation of the plurality of weir doors ([0138], in response to water levels).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Publication US20170175410A1 (‘Smith’) in view of U.S. Publication US20170209338A1 (‘Potucek’).
The Applicant’s claims are directed towards an apparatus.
Regarding Claims 3-4, Smith teaches the skimming system of Claim 1, including a controller for actuating the weir door (Fig. 21, [0119], processor 544), except that the controller actuates the weir door based on predicted environmental conditions for the swimming pool or spa, and that the controller is configured to predict environmental conditions for the swimming pool or spa based on information from the at least one environmental sensor.
Potucek also relates to a skimming system for a swimming pool or spa ([0010]), including that the controller actuates the weir door based on predicted environmental conditions (Fig. 33G, [0282], activate/deactivate skimmers based on weather) for the swimming pool or spa ([0346], predict using wind data), and that the controller is configured to predict environmental conditions for the swimming pool or spa based on information from the at least one environmental sensor ([0060], wind speed sensors).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the controller of Smith to actuate the weir door based on predicted environmental conditions and to be configured to predict environmental conditions based on information from at least one environmental sensor, as demonstrated by Potucek, to increase autonomy, reduce energy usage and facilitate energy consumption decisions (Potucek, [0346]).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over U.S. Publication US20170175410A1 (‘Smith’) in view of U.S. Publication US20170209338A1 (‘Potucek’) and in further view of U.S. Publication US20190136557A1 (‘Jensen’).
The Applicant’s claim is directed towards a method.
Regarding Claim 10, Smith teaches the method of Claim 8, except that actuating the weir door is based on predicted debris conditions within the swimming pool or spa.
Potucek also relates to a method of creating a cleaning effect in a swimming pool or spa ([0010] and [0096]), including actuating the weir door is based on debris conditions within the swimming pool or spa (Fig. 19AJ, [0137]).
Jensen also relates to a method of creating a cleaning effect in a swimming pool or spa ([0026] and [0032]), including predicted debris conditions within the swimming pool or spa ([0040] and [0052], process trends to determine unwanted biological formations).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the method of Smith to actuate the weir door based on the predicted debris conditions of Jensen, increase autonomy, reduce energy usage and facilitate energy consumption decisions (Potucek, [0346]).
Claims 12 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Publication US20170175410A1 (‘Smith’) in view of U.S. Patent US3363767A (‘Ellis’).
The Applicant’s claims are directed towards a method.
Regarding Claims 12 and 14, Smith teaches the method of Claim 8, including that the weir door is a first weir door of a plurality of weir doors (Fig. 8, [0077-0078], additional weir 230), except for controlling an actuation characteristic of the weir door, and wherein the actuation characteristic comprises at least one of a frequency of opening and closing the weir door, a pattern of opening or closing the weir door, a duration for which the weir door is actuated, or a time at which the weir door is actuated and independently controlling actuation of each weir door of the plurality of weir doors.
Ellis also relates to a method of creating a cleaning effect in a swimming pool or spa comprises actuating a weir door (C2/L12-27), including controlling an actuation characteristic of the weir door, and wherein the actuation characteristic comprises at least one of a frequency of opening and closing the weir door, a pattern of opening or closing the weir door, a duration for which the weir door is actuated, or a time at which the weir door is actuated (C2/L12-27 and C6/L11-25), and independently controlling actuation of each weir door of the plurality of weir doors (Fig. 4-5, C5/L21-36).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to control an actuation characteristic of the weir door and actuation of each weir door, as demonstrated by Ellis, in the method of Smith to maintain the pool level while preventing the flooding of gutters (Ellis, C2/L12-27).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BOI-LIEN THI NGUYEN whose telephone number is (703)756-4613. The examiner can normally be reached Monday to Friday, 8 am to 6 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Bobby Ramdhanie can be reached at (571) 270-3240. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BOI-LIEN THI NGUYEN/Examiner, Art Unit 1779
/Bobby Ramdhanie/Supervisory Patent Examiner, Art Unit 1779