DETAILED ACTION
For this Office action, Claims 1-9 and 11-21 are pending. Claim 21 is new, and Claim 10 has been canceled.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 11 February 2026 has been entered.
Response to Arguments
Applicant’s arguments with respect to claims 1-9 and 11-21 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Applicant has amended independent Claims 1 and 15 to further require the identification or determination of a type of a body of water constituting the aquatic application as claim limitations. Upon further consideration, the cited prior art of record does not disclose this limitation (see that the alternative was chosen in the examination of Claim 20 in prior Office actions); therefore, the grounds of rejection have been withdrawn. However, new grounds of rejection that implement a secondary reference to address the newly amended limitation have been made and are detailed above. Since the arguments do not address these new limitations, said arguments are considered moot and will not be addressed further at this time.
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 1-9 and 11-14 are rejected under 35 U.S.C. 103 as being unpatentable over Astle, US Pat Pub. 2006/0060512, in view of Larkner, US Pat Pub. 2008/0078710, and Gariepy et al. (herein referred to as “Gariepy”, US Pat Pub. 2015/0323699).
Regarding instant Claim 1, Astle discloses a chemical control system for an aquatic application (Abstract; Paragraph [0011]; Claim 4; fluid treatment device including chemicals), the control system comprising: an enclosure having a graphic overlay and a reference chart disposed on a front cover thereof (Figure 1; Figure 3; Figure 4; Paragraph [0051]; monitoring device 12 with display and inputs); a sensor in communication with the enclosure and designed to detect a level of a first chemical in water of the aquatic application (Paragraph [0055]; Paragraph [0077]; sensor can include one for chlorine concentration); and a pump that receives a signal to dispense at least one chemical into the aquatic application in response to feedback from the sensor to effectuate a change in the chemical composition of the aquatic application (Paragraph [0077]; Paragraph [0085]; additive dispenser that uses a sensor signal to determine when and how much additive to add to the fluid being treated).
However, while the reference does disclose wireless communication (Figure 20; Paragraph [0075]; see wireless communication with monitoring device 812), the reference is silent on a controller in wireless communication with a user device, wherein the user device includes a control interface.
Larkner discloses wireless water purification systems and wireless remote dispensing devices for water purification systems in the same field of endeavor as the instant application, as it solves the mutual problem of providing water treatment and monitoring of water treatment (Abstract). Larkner further discloses a controller in wireless communication with a user device, wherein the user device includes a control interface, in order for data to be transmitted between the user device and the controller without a physical connection or intermediate device (Figure 1; Paragraph [0031]; Paragraph [0042]; Paragraph [0046]; see wireless communication link 104 with controller 24 and controller 64, which comprises user interface 96/control panel 101 in a remote area).
It would have been obvious to one of ordinary skill in the art at the time the of the effective filing date of the invention to modify the wireless communication of the chemical control system of Astle by including a controller in wireless communication with a user device, wherein the user device includes a control interface, as taught by Larkner because Larkner discloses such wireless communication allows for data to be transmitted between the user device and the controller without a physical connection or intermediate device (Larkner, Figure 1; Paragraph [0031]; Paragraph [0042]; Paragraph [0046]).
However, the combined references are silent on the controller being designed to determine a type of a body of water constituting the aquatic application.
Gariepy discloses a system, apparatus and method for automatic environmental data collection and analysis in the same field of endeavor as the instant application, as it solves the mutual problem of collecting data from the aquatic environment (Abstract; Paragraph [0007]). Gariepy further discloses a controller designed to determine a type of a body of water constituting the aquatic environment in order to determine information regarding the body of water including volume of said body of water, depth of the body of water, sediment in the body of water, etc. (Paragraph [0007]; Paragraph [0024]; Paragraph [0064]; Paragraph [0065]).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to modify the controller of Astle to further determine a type of a body of water constituting the aquatic environment as taught by Gariepy because Gariepy discloses such determination allows to determine information regarding the body of water including volume of said body of water, depth of the body of water, sediment in the body of water, etc. for optimized treatment of the aquatic application (Gariepy, Paragraph [0007]; Paragraph [0024]; Paragraph [0064]; Paragraph [0065]).
Regarding instant Claim 2, Claim 1, upon which Claim 2 is dependent, has been rejected above. Astle further discloses wherein the reference chart includes guidelines for water chemistry values for at least pH (Paragraph [0077]).
Regarding instant Claim 3, Claim 2, upon which Claim 3 is dependent, has been rejected above. Astle further discloses including a backlit display that is designed to present system and status information to a user (Figures 2-4; Paragraph [0057]; Paragraph [0058]; see information displayed on the display of device 12).
Regarding instant Claim 4, Claim 3, upon which Claim 4 is dependent, has been rejected above. Astle further discloses wherein the display is programmable to allow for different display modes (Figures 2-4; see different display modes in the figures).
Regarding instant Claim 5, Claim 4, upon which Claim 5 is dependent, has been rejected above. Astle further discloses wherein the display includes a first visual indicator that is designed to provide information about the chemical control system or one or more components of the aquatic application (Figures 2-4; Paragraphs [0057]-[0058]; see information displayed such as filter cartridge life).
Regarding instant Claim 6, Claim 5, upon which Claim 6 is dependent, has been rejected above. Astle further discloses wherein the first visual indicator is a flow indicator provided in the form of a light-emitting diode (LED) that is included on the enclosure and can visually indicate when flow has been detected (Figs. 2-4; Paragraph [0010]; Paragraph [0051]; flow rate is monitored and may be displayed).
Regarding instant Claim 7, Claim 6, upon which Claim 7 is dependent, has been rejected above. Astle further discloses wherein the flow indicator flashes or blinks during a flow delay or low flow condition and is not illuminated during a no flow condition (Paragraph [0055]; Paragraph [0058]; device provides different colors/illumination during different performance modes or statuses, also assumed no light would be on when no power/flow is running through the system).
Regarding instant Claim 8, Claim 6, upon which Claim 8 is dependent, has been rejected above. Astle further discloses wherein the flow indicator is lit in a first color to indicate a normal flow, so lit in a second, different color from the first color, to indicate flow delay, and is lit in a third color, different from the first color and the second color, to indicate no flow (Paragraph [0055]; Paragraph [0058]; device provides different colors/illumination during different performance modes or statuses, also assumed no light would be on when no power/flow is running through the system).
Regarding instant Claim 9, Claim 5, upon which Claim 9 is dependent, has been rejected above. Astle further discloses wherein the display further includes a second indicator provided in the form of an alarm indicator that can visually indicate if an alarm condition has occurred (Paragraph [0011]; Paragraph [0034]; Paragraph [0058]; alarm indicator/condition may change based on status of detected parameter, such as green and red and more are discloses, also neutral color when the system is powered off/no flow is occurring).
Regarding instant Claim 11, Claim 1, upon which Claim 11 is dependent, has been rejected above. Astle further discloses wherein the alarm indicator illuminates to indicate a problem with the aquatic application if a value of the first chemical in the aquatic application has exceeded a threshold level (Paragraph [0058]; alarm may sound when a chemical parameter is out of the desired range).
Regarding instant Claim 12, Claim 1, upon which Claim 12 is dependent, has been rejected above. Astle further discloses including a pH settings button, the pH settings button being used to access pH settings and parameters to allow a user to override a previously programmed level with respect to the pH parameters of the aquatic application (Figures 1-4; Paragraph [0077]; pH is monitored and would be displayed with appropriate buttons and button inputs).
Regarding instant Claim 13, Claim 12, upon which Claim 13 is dependent, has been rejected above. Astle further discloses wherein the pH settings button and the ORP settings button activate an override command to direct the chemical control system to distribute one or more chemicals that will impact the chemical composition of water of the aquatic application (Paragraph [0064]; Paragraph [0077]; chlorine concentration, pH and/or other additives can be adjusted using user inputs).
Regarding instant Claim 14, Claim 13, upon which Claim 14 is dependent, has been rejected above. Astle further discloses including additional buttons provided on the enclosure to facilitate control of the chemical control system including a menu button, left and right arrow buttons, and up and down arrow buttons, the menu buttons providing access to a main menu of the chemical control system, and the left and right arrow buttons and the up and down arrow buttons providing for navigating through the main menu, as well as to adjust parameters or settings of the aquatic application (Figures 2-4; Paragraph [0061]; see buttons on the panel in Figs. 2-4).
Claims 15-21 are rejected under 35 U.S.C. 103 as being unpatentable over Heiss, US Pat Pub. 2005/0139530, in view of Larkner, US Pat Pub. 2008/0078710, and Gariepy et al. (herein referred to as “Gariepy”, US Pat Pub. 2015/0323699).
Regarding instant Claim 15, Heiss discloses a chemical control system for an aquatic application (Abstract; chemical control system for producing safe drinking water), the control system comprising: an enclosure having a cover that is releasably secured to enable access to an interior thereof (Figures 2-3; Paragraph [0043]; see trailer cover and access within); a primary controller having a first sensor in communication with the chemical control system (Figure 1; Paragraph [0042]; see sensors in Paragraph [0042]; also ACS); a chemical controller having a second sensor configured to detect a chemical parameter within the aquatic application, the chemical controller designed to regulate the chemical parameter based on feedback from at least one of the first sensor or the second sensor; and a chemical distribution mechanism coupled to the chemical controller, wherein the chemical distribution mechanism introduces at least one chemical into the aquatic application based on the feedback (Figure 1; Paragraph [0036]; see residual chlorine analyzer 28 and sodium bisulfate distributor 29).
However, Heiss is silent on the primary controller being in wireless communication with a user device.
Larkner discloses wireless water purification systems and wireless remote dispensing devices for water purification systems in the same field of endeavor as the instant application, as it solves the mutual problem of providing water treatment and monitoring of water treatment (Abstract). Larkner further discloses a primary controller in wireless communication with a user device, in order for data to be transmitted between the user device and the controller without a physical connection or intermediate device (Figure 1; Paragraph [0031]; Paragraph [0042]; Paragraph [0046]; see wireless communication link 104 with primary controller 24 and controller 64, which comprises user device/interface 96/control panel 101 in a remote area).
It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the primary controller of Heiss by including a controller in wireless communication with a user device as taught by Larkner because Larkner discloses such wireless communication allows for data to be transmitted between the user device and the controller without a physical connection or intermediate device (Larkner, Figure 1; Paragraph [0031]; Paragraph [0042]; Paragraph [0046]).
However, the combined references on the controller being designed to determine a type of a body of water constituting the aquatic application from the second sensor.
Gariepy discloses a system, apparatus and method for automatic environmental data collection and analysis in the same field of endeavor as the instant application, as it solves the mutual problem of collecting data from the aquatic environment (Abstract; Paragraph [0007]). Gariepy further discloses a controller designed to determine a type of a body of water constituting the aquatic environment in order to determine information regarding the body of water including volume of said body of water, depth of the body of water, sediment in the body of water, historical trending data etc. (Paragraph [0007]; Paragraph [0024]; Paragraph [0064]; Paragraph [0065]; see geographic survey requires and values that are input via said request).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to modify the controller and second sensor of Heiss to further determine a type of a body of water constituting the aquatic environment as taught by Gariepy because Gariepy discloses such determination allows to determine information regarding the body of water including volume of said body of water, depth of the body of water, sediment in the body of water, historical trending data etc. for optimized treatment of the aquatic application (Gariepy, Paragraph [0007]; Paragraph [0024]; Paragraph [0064]; Paragraph [0065]; Heiss, Paragraph [0036]; see historical trending data, which could be used to supplement chlorine content residual treatment).
Regarding instant Claim 16, Claim 15, upon which Claim 16 is dependent, has been rejected above. Heiss further discloses wherein at least one of the first sensor and the second sensor is further configured to determine operational parameters including at least one of the first sensor and the second sensor is further configured to determine operational parameters including at least one of a flow rate and pressure (Paragraph [0018]; at least one sensor for detecting pressure).
Regarding instant Claim 17, Claim 15, upon which Claim 17 is dependent, has been rejected above. Heiss further discloses wherein the first sensor may be a pressure sensor (Paragraph [0018]; at least one sensor for detecting pressure).
Regarding instant Claim 18, Claim 15, upon which Claim 18 is dependent, has been rejected above. Heiss further discloses wherein a first body of water has a first set of water chemistry parameters, and a second body of water has a second set of water chemistry parameters, wherein the first set of water chemistry parameters is different than the second set of water chemistry parameters and the chemical controller is configured to control a first aquatic application and a second aquatic application simultaneously (Figure 1; Paragraph [0038]; Paragraph [0042]; several bodies of water with varying parameters throughout system of Figure 1; TOC analyzer 48 and UV light 43 included).
Regarding instant Claim 19, Claim 15, upon which Claim 19 is dependent, has been rejected above. Heiss further discloses wherein the chemical controller and the primary controller are in communication via a heartbeat signal (Paragraph [0038], other references throughout; automatic control system [ACS] connects with all operating controllers in the system).
Regarding instant Claim 20, Claim 15, upon which Claim 20 is dependent, has been rejected above. Heiss further discloses wherein at least one of the first sensor and the second sensor is configured to determine at least one of a flow rate or pressure (Paragraph [0018]; at least one sensor for detecting pressure).
Regarding instant Claim 21, Claim 15, upon which Claim 21 is dependent, has been rejected above. The combined references further disclose wherein the controller identifies at type of body of water by comparing data from the second sensor to one or more values input by a user into the user device (Gariepy, Paragraph [0007]; Paragraph [0024]; Paragraph [0064]; Paragraph [0065]; Heiss, Paragraph [0036]; geographic survey request along with comparisons to thresholds input by user).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RICHARD C GURTOWSKI whose telephone number is (571)272-3189. The examiner can normally be reached 9:00 am-5:30pm MT.
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/RICHARD C GURTOWSKI/ Primary Examiner, Art Unit 1773 02/17/2026