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 07/02/2026, with respect to the weighting of parameters 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 Therefore, the rejection has been withdrawn.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 Hester et al. US20160123618.
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.
Claim(s) 1, 2, 3, 5, 6, 8, 9, 10, 12, 13, 15, 16, 17, 19, 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Heng et al US20230213238 in view of Hester et al. US20160123618.
Regarding claim 1, Heng et al US20230213238 discloses a pool heating system comprising:
a first pool heating unit (Fig. 1, 112);
a second pool heating unit (Fig. 1, 114), wherein the first pool heating unit is a first type of pool heating unit and the second pool heating unit is a second type of pool heating unit (¶14);
a processor ; and a memory storing computer-executable instructions (¶21 controller 116) that, when executed by the processor, cause the processor to:
determine a first input parameter associated with an operation of the pool heating system (Fig. 3, 302, desired temperature from user);
send, based on receiving the first input parameter, a first signal to enable at least on fog the first pool heating unit or the second pool heating unit to heat a first pool (Fig. 3, 308, based on the inputs the controller activates one or both of the heating devices);
determine a second input parameter (304); and
Heng does not expressly disclose
wherein the first parameter is associated with a first weight,
wherein the second input parameter is associated with a second weight, and
wherein the first signal is based at least in part on the first weight and the second weight.
Hester et al. US20160123618 teaches an environmental control system and method usable with a pool heater (¶85) wherein the processor applies weights to various parameters (abstract) in order to accommodate for user preferences (¶7) and/or efficiency (¶186) see also (¶32-26, Fig. 16-21).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the prior art device such that the respective parameters have respective weights which are considered by the processor, as taught by Hester, since doing so amounts to a known technique for improving heater control systems with the known predictable result of accommodating user preferences and/or improving efficiency.
Regarding claim 2, the modified Heng further discloses the system of claim 1, wherein the first input parameter and the second input parameter comprise at least one of: solar capacity, ambient temperature, a water temperature of the first pool, a weather condition, humidity, time, or power grid demand response (Fig. 3, 304).
Regarding claim 3, the modified Heng further discloses the system of claim 1, wherein the first type of pool heating unit and the second type of pool heating unit comprise at least one of: a gas pool heating unit, a heat pump, or a solar panel (Claim 3, ¶28).
Regarding claim 5, the modified Heng further discloses the system of claim 1, wherein the processor is integrated into the first pool heating unit or the second pool heating unit (Fig. 1, controller 116 is integrated in a common housing 110 with 112 and/or 114).
Regarding claim 6, the modified Heng further discloses the system of claim 1, wherein the first input parameter or the second input parameter are received from a user mobile device (¶23, ¶24).
Regarding claim 8, Heng et al US20230213238 discloses a method comprising:
determining, by a processor (¶21 controller 116), a first input parameter (Fig. 3, 302, desired temperature from user) associated with an operation of a pool heating system comprising a first pool heating unit (Fig. 1, 112) and a second pool heating unit (Fig. 1, 114),
wherein the first pool heating unit is a first type of pool heating unit and the second pool heating unit is a second type of pool heating unit (¶14);
determining a second input parameter (Fig. 3, 304); and
sending, using the processor, based on receiving the first input parameter, a first signal to enable at least one of the first pool heating unit or the second pool heating unit to heat a first pool (Fig. 3, 308 based on the inputs the controller activates one or both of the heating devices);
Heng does not expressly disclose
wherein the first parameter is associated with a first weight,
wherein the second input parameter is associated with a second weight, and
wherein the first signal is based at least in part on the first weight and the second weight.
Hester et al. US20160123618 teaches an environmental control system and method usable with a pool heater (¶85) wherein the processor applies weights to various parameters (abstract) in order to accommodate for user preferences (¶7) and/or efficiency (¶186) see also (¶32-26, Fig. 16-21).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the prior art device such that the respective parameters have respective weights which are considered by the processor, as taught by Hester, since doing so amounts to a known technique for improving heater control systems with the known predictable result of accommodating user preferences and/or improving efficiency.
Regarding claim 9, the modified Heng further discloses the method of claim 8, wherein the first input parameter and the second input parameter comprise at least one of: solar capacity, ambient temperature, a water temperature of the first pool, a weather condition, humidity, time, or power grid demand response (Fig. 3, 304).
Regarding claim 10, the modified Heng further discloses the method of claim 8, wherein the first type of pool heating unit and the second type of pool heating unit comprise at least one of: a gas pool heating unit, a heat pump, or a solar panel (Claim 3, ¶28).
Regarding claim 12, the modified Heng further discloses the method of claim 8, wherein the processor is integrated into the first pool heating unit or the second pool heating unit (Fig. 1, controller 116 is integrated in a common housing 110 with 112 and/or 114).
Regarding claim 13, the modified Heng further discloses the method of claim 8, wherein the first input parameter or the second input parameter are received from a user mobile device (¶23, ¶24).
Regarding claim 15, Heng et al US20230213238 discloses a pool heating unit comprising: a processor; and a memory storing computer-executable instructions (¶21, controller 116) that, when executed by the processor, cause the processor to:
determine a first input parameter associated with an operation of the pool heating apparatus (Fig. 3, 302, desired temperature from user), wherein the pool heating unit is a first type of pool heating unit (Fig. 1, 112);
determine a second input parameter (Fig. 3, 304); and
send, based on the first input parameter, a first signal to enable at least one of the pool heating unit or a second pool heating unit to heat a first pool (Fig. 3, 308, based on the inputs the controller activates one or both of the heating devices);
wherein the second pool heating unit is a second type of pool heating unit (Fig. 1, 114, ¶14).
Heng does not expressly disclose
wherein the first parameter is associated with a first weight,
wherein the second input parameter is associated with a second weight, and
wherein the first signal is based at least in part on the first weight and the second weight.
Hester et al. US20160123618 teaches an environmental control system and method usable with a pool heater (¶85) wherein the processor applies weights to various parameters (abstract) in order to accommodate for user preferences (¶7) and/or efficiency (¶186) see also (¶32-26, Fig. 16-21).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the prior art device such that the respective parameters have respective weights which are considered by the processor, as taught by Hester, since doing so amounts to a known technique for improving heater control systems with the known predictable result of accommodating user preferences and/or improving efficiency.
Regarding claim 16, the modified Heng further discloses the pool heating unit of claim 15, wherein the first input parameter and the second input parameter comprise at least one of: solar capacity, ambient temperature, a water temperature of the first pool, a weather condition, humidity, time, or power grid demand response (Fig. 3, 304).
Regarding claim 17, the modified Heng further discloses the pool heating unit of claim 15, wherein the first type of pool heating unit and the second type of pool heating unit comprise at least one of: a gas pool heating unit, a heat pump, or a solar panel (Claim 3, ¶28).
Regarding claim 19, the modified Heng further discloses the e pool heating unit of claim 15, wherein the processor is integrated into the pool heating unit or the second pool heating unit (Fig. 1, controller 116 is integrated in a common housing 110 with 112 and/or 114).
Regarding claim 20, the modified Heng further discloses the pool heating unit of claim 15, wherein the first input parameter or the second input parameter are received from a user mobile device (¶23, ¶24).
Claim(s) 4, 11, 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Heng et al US20230213238 in view of Hester et al. US20160123618 in view of Potucek et al. US20170285672.
Regarding claim 4, Heng does not expressly disclose the system of claim 1, further comprising a third pool heating unit, wherein the third pool heating unit is a third type of pool heating unit.
Potucek et al. US20170285672 discloses a pool heating system comprising first, second, and third pool heating units (Fig. 1, 28a, 28b, 28c, ¶7) thereby providing greater control, efficiency, and/or flexibility when heating pools (¶6).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the prior art device with a third pool heater, as taught by Potucek, since doing so amounts to a known technique for improving similar devices and methods with the known predictable result of improving flexibility, efficiency, and/or control.
Regarding claim 11, Heng does not expressly disclose the method of claim 8, wherein the pool heating system further comprises a third pool heating unit, wherein the third pool heating unit is a third type of pool heating unit.
Potucek et al. US20170285672 discloses a pool heating system comprising first, second, and third pool heating units (Fig. 1, 28a, 28b, 28c, ¶7) thereby providing greater control, efficiency, and/or flexibility when heating pools (¶6).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the prior art device with a third pool heater, as taught by Potucek, since doing so amounts to a known technique for improving similar devices and methods with the known predictable result of improving flexibility, efficiency, and/or control.
Regarding claim 18, Heng does not expressly disclose the pool heating unit of claim 15, further comprising a third pool heating unit, wherein the third pool heating unit is a third type of pool heating unit.
Potucek et al. US20170285672 discloses a pool heating system comprising first, second, and third pool heating units (Fig. 1, 28a, 28b, 28c, ¶7) thereby providing greater control, efficiency, and/or flexibility when heating pools (¶6).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the prior art device with a third pool heater, as taught by Potucek, since doing so amounts to a known technique for improving similar devices and methods with the known predictable result of improving flexibility, efficiency, and/or control.
Claim(s) 7, 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Heng et al US20230213238 in view of Hester et al. US20160123618 in view of Gallupe US20040230344.
Regarding claim 7, Heng does not expressly disclose the system of claim 1, wherein the computer-executable instructions further cause the processor to send a second signal to enable a third pool heating unit to heat a second pool, wherein the second pool is at a different location than the first pool.
Gallupe US20040230344 teaches a system and method for controlling swimming pool or spa heaters (abstract) wherein a central computer monitors and controls heater operations of heater of a plurality of pools at a plurality of locations (Fig. 2, ¶43) thereby allowing data logging, reports, and/or billing information over a plurality of sites (Fig. 2).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the system and method of the prior art to have a central computer or processor which monitors and controls heater operations of a plurality of pools at a plurality of locations, as taught by Gallupe, since doing so amounts to a known technique for controlling swimming pool or spa heaters with the known predictable result of allowing for the aggregating of data.
Regarding claim 14, Heng does not expressly disclose the method of claim 8, further comprising sending a second signal to enable a third
pool heating unit to heat a second pool, wherein the second pool is at a different location than the first pool.
Gallupe US20040230344 teaches a system and method for controlling swimming pool or spa heaters (abstract) wherein a central computer monitors and controls heater operations of heater of a plurality of pools at a plurality of locations (Fig. 2, ¶43) thereby allowing data logging, reports, and/or billing information over a plurality of sites (Fig. 2).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the system and method of the prior art to have a central computer or processor which monitors and controls heater operations of a plurality of pools at a plurality of locations, as taught by Gallupe, since doing so amounts to a known technique for controlling swimming pool or spa heaters with the known predictable result of allowing for the aggregating of data.
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 Deepak Deean whose telephone number is (571)270-3347. The examiner can normally be reached M-Th 10-4.
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, Michael Hoang can be reached at 517-272-6460. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DEEPAK A DEEAN/Examiner, Art Unit 3762 /MICHAEL G HOANG/Supervisory Patent Examiner, Art Unit 3762
