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 .
Election/Restrictions
Applicant’s election without traverse of group II (claims 8-20) in the reply filed on 07/10/2026 is acknowledged.
Claims 1-7 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 07/10/2026.
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 8-14 and 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Glass et al US20210108827 (hereinafter “Glass”) in view of Myers et al US20190145722 (hereinafter “Myers”).
Regarding independent claim 8, Glass discloses a heater (water heater-200) for a pool or a spa, comprising: a housing (See Fig 2); a heat exchanger (heat exchanger-206) coupled to a sacrificial anode (anode assembly-314), wherein the sacrificial anode leaches a compound into water at a predetermined rate (Paragraph 0002 and 0036 discloses the anode is made of materials that corrode over time such as zinc, magnesium ).
However, Glass fails to disclose a controller designed to provide an alert a user when a concentration of the compound in the water reaches a predetermined threshold. Myers discloses a controller (controller-136) designed to provide an alert (Paragraph 0107, 0112) to a user when a concentration of the compound in the water reaches a predetermined threshold (Paragraph 0053-0058, 0094-0095, 0104-0110 discloses monitoring a concentration of compounds such as zinc, magnesium and alerting a user when a threshold is reached).
It would have been obvious to one of ordinary skill in the art before the effective filing date to include the concentration monitoring design of Myers into Glass to for the purpose of increasing detection accuracy. The modification would allow for monitoring the sacrificial anode efficiency specifically to ensure water concentration levels are within desired ranges as the same materials are used and monitored in both Glass and Myers.
Regarding claim 9, Glass discloses the heater according to claim 8.
However, Glass fails to disclose the alert informs the user of an impending fault in the heat exchanger. Myers discloses the alert (Paragraph 0107, 0112) informs the user of an impending fault in the heat exchanger (Paragraph 0035, 0052, 0057, 0071, 0097, 0101-0105).
It would have been obvious to one of ordinary skill in the art before the effective filing date to include the concentration monitoring design of Myers into Glass to for the purpose of increasing detection accuracy. The modification would allow for repair or replacement of parts when the components aren’t working at desired efficiency levels.
Regarding claim 10, Glass in view of Myers discloses the heater according to claim 8.
Furthermore, Glass discloses the sacrificial anode (assembly-314) is selected from the group consisting of a zinc-containing compound, a magnesium-containing compound, an aluminum-containing compound, or combinations thereof (Paragraph 0002 and 0036 discloses the anode is made of materials that corrode over time such as zinc, magnesium and aluminum).
Regarding claim 11, Glass in view of Myers discloses the heater according to claim 8.
Furthermore, Glass discloses the sacrificial anode comprises at least one of magnesium, zinc, aluminum, steel, lead, tin, nickel, brass, or bronze (Paragraph 0002 and 0036 discloses the anode is made of materials that corrode over time such as zinc, magnesium and aluminum).
Regarding claim 12, Glass in view of Myers discloses the heater according to claim 8.
Furthermore, Glass discloses the sacrificial anode is provided in the form of a ribbon (See Figs 7-9, Paragraphs 0032-0035).
Regarding claim 13, Glass in view of Myers discloses the heater according to claim 8.
Furthermore, Glass discloses the sacrificial anode (assembly-314) is positioned upstream of the heat exchanger (exchanger-206) to protect the heat exchanger from corrosion (Paragraphs 0028-0032, See Figs 2-6).
Regarding claim 14, Glass discloses the heater according to claim 8.
However, Glass fails to disclose a measurement device is provided to detect the concentration of the compound in the water and is in electrical communication with the heater. Myers discloses a measurement device (sensors-135A-Z) is provided to detect the concentration of the compound in the water and is in electrical communication with the heater (Paragraph 0041, 0050-0052, 0058-0059, 0062-0065, 0068, 0072).
It would have been obvious to one of ordinary skill in the art before the effective filing date to include the concentration monitoring design of Myers into Glass to for the purpose of increasing detection accuracy. The modification would allow for pausing or completely shutting down the heater when the components aren’t working at desired efficiency levels.
Regarding independent claim 16, Glass discloses a heater (water heater-200) for a pool or spa, comprising:
a housing (Fig 2) including an inlet and an outlet (inlet-310, outlet-312), the inlet and the outlet each in fluid communication with the pool or spa (Paragraph 0024-0025);
a heat exchanger (heat exchanger-206) retained within the housing, the heat exchanger in fluid communication with the inlet and the outlet and configured to increase a temperature of water of the pool or spa (Paragraphs 0024-0026); and
a measurement device (temperature limit switches-525 connected with temperature sensor-515) positioned downstream of the heat exchanger and in fluid communication with the outlet (outler-312; Paragraph 0026-0027).
However, Glass fails to disclose the measurement device configured to determine a concentration of at least one metal associated with the heat exchanger in the water of the pool or spa. Myers discloses the measurement device (sensors-135A-Z) configured to determine a concentration of at least one metal associated with the heat exchanger in the water of the pool or spa (Paragraph 0053-0058, 0094-0095, 0104-0110 discloses monitoring a concentration of compounds such as zinc, magnesium and alerting a user when a threshold is reached).
It would have been obvious to one of ordinary skill in the art before the effective filing date to include the concentration monitoring design of Myers into Glass to for the purpose of increasing detection accuracy. The modification would allow for monitoring the sacrificial anode efficiency specifically to ensure water concentration levels are within desired ranges.
Regarding claim 17, Glass discloses the heater of claim 16.
However, Glass fails to disclose a controller designed to receive a signal from the measurement device, wherein the controller provides an alert when the signal indicates the concentration of the at least one metal in the water of the pool or spa is above a predefined value. Myers discloses a controller (controller-136) designed to receive a signal from the measurement device (135A-Z), wherein the controller provides an alert (Paragraph 0107-0112) when the signal indicates the concentration of the at least one metal in the water of the pool or spa is above a predefined value (Paragraph 0053-0058, 0094-0095, 0104-0110 discloses monitoring a concentration of compounds and alerting a user when a threshold is reached).
It would have been obvious to one of ordinary skill in the art before the effective filing date to include the concentration monitoring design of Myers into Glass to for the purpose of increasing detection accuracy. The modification would allow for monitoring the sacrificial anode efficiency specifically to ensure water concentration levels are within desired ranges as the same materials are used and monitored in both Glass and Myers.
Regarding claim 18, Glass discloses the heater of claim 16.
However, Glass fails to disclose a controller in electrical communication with the measurement device, wherein the controller provides an alert when at least one of the following conditions occurs:
(1) the concentration of the at least one metal in the water of the pool or spa is above a threshold value;
(2) the concentration of the at least one metal in the water of the pool or spa is above a baseline concentration of the at least one metal by more than a predetermined amount; or
(3) the concentration of the at least one metal in the water of the pool or spa increases at a rate greater than a predetermined rate.
Myer discloses a controller(controller-136) in electrical communication with the measurement device (Sensors -135A-Z), wherein the controller provides an alert when at least one of the following conditions occurs:
(1) the concentration of the at least one metal in the water of the pool or spa is above a threshold value (Paragraph 0094-0096);
(2) the concentration of the at least one metal in the water of the pool or spa is above a baseline concentration of the at least one metal by more than a predetermined amount (Paragraph 0088-0095); or
(3) the concentration of the at least one metal in the water of the pool or spa increases at a rate greater than a predetermined rate (Paragraph 0071, 0081-0082, 0099, 0109-0110; Paragraph 0053-0058, 0094-0095, 0104-0110 discloses monitoring a concentration of compounds and alerting a user).
It would have been obvious to one of ordinary skill in the art before the effective filing date to include the concentration monitoring design of Myers into Glass to for the purpose of increasing detection accuracy. The modification would allow for monitoring the sacrificial anode efficiency specifically to ensure water concentration levels are within desired ranges as the same materials are used and monitored in both Glass and Myers.
Regarding claim 19, Glass discloses the heater of claim 16.
However, Glass fails to disclose a metal of the at least one metal detected by the measurement device is selected from the group consisting of copper, stainless steel, titanium, and combinations thereof. Myers discloses a metal of the at least one metal detected by the measurement device is selected from the group consisting of copper, stainless steel, titanium, and combinations thereof (Paragraph 0065 , Tables 1-3 and 6-7).
It would have been obvious to one of ordinary skill in the art before the effective filing date to include the design of Myers into Glass for the purpose of increasing detection accuracy. The modification would allow for ensuring water concentration levels are within desired ranges as the same materials are used and monitored in both Glass and Myers.
Regarding claim 20, Glass in view of Myers discloses the heater according to claim 16.
Furthermore, Glass discloses a sacrificial anode (anode assembly-314) positioned upstream of the heat exchanger (heat exchanger-206) and in fluid communication with the inlet (inlet-310), and wherein the sacrificial anode comprises at least one of magnesium, zinc, aluminum, steel, lead, tin, nickel, brass, or bronze (Paragraph 0002 and 0036 discloses the anode is made of materials that corrode over time such as zinc, magnesium and aluminum, See Fig 6).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Glass et al US20210108827 (hereinafter “Glass”) in view of Myers et al US20190145722 (hereinafter “Myers”) in further view of Farris US20140218005.
Regarding claim 15, Glass in view of Myers discloses the heater according to claim 8.
However, the combination fails to disclose a conductivity meter in electrical communication with the sacrificial anode, the conductivity meter configured to measure a conductivity value of the sacrificial anode, and wherein the controller provides the alert to the user when the conductivity value of the sacrificial anode reaches a predetermined threshold value. Myers discloses a conductivity meter (anode depletion circuit-108) in electrical communication with the sacrificial anode (anode rod-104), the conductivity meter configured to measure a conductivity value of the sacrificial anode, and wherein the controller (electronics circuit board-106) provides the alert (paragraphs 0032 & 0039) to the user when the conductivity value of the sacrificial anode reaches a predetermined threshold value (Paragraph 0018-0029, Fig 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date to include the design of Farris into Glass for the purpose of decreasing repair/replacement cost. The modification would allow for pausing or completely shutting down the heater when the components aren’t working at desired efficiency levels.
Conclusion
The prior art as cited on the PTO-892 is made of record and not relied upon but considered pertinent to applicant's disclosure.
Gross et al US20140218006 (hereinafter “Gross”) discloses methodologies for sensing anode rod depletion. Consumers generally are not concerned with monitoring consumption of protective anode rods incorporated within water heaters. The present subject matter provides automatic monitoring of anode rod depletion and provides the consumer with notification of rod depletion beyond a predetermined amount. The principles of Faraday's Law are used to calculate anode weight loss by conversion of measured and accumulated current (Fig 1-3, Paragraph 0027-0033).
Szpak et al US20210146367 (hereinafter “Szpak”) discloses a spa tub includes a spa shell configured to contain a volume of water; a circulation system configured to create a flow of the water to and from the spa shell; and a testing system configured to acquire water samples from the volume of water and to perform water quality tests on the water samples. The testing system includes a housing; a circulation pump disposed within the housing configured to acquire the water samples from the volume of water; a replaceable reagent cartridge removably received within the housing; and a water test assembly disposed within the housing. The water test assembly is configured to receive the water samples acquired by the circulation pump and a reagent from the reagent cartridge. The water test assembly is configured to mix the water samples and the reagent and to perform the water quality tests on the mixed water samples and reagent (Paragraph 0214-0307).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NIGEL H PLUMB whose telephone number is (571)272-8886. The examiner can normally be reached Monday-Friday 7am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, John Breene can be reached at 571-272-4107. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NIGEL H PLUMB/Examiner, Art Unit 2855
/Eric S. McCall/Primary Examiner, Art Unit 2855
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