DETAILED ACTION
In view of the Appeal Brief filed on 1/9/2026, PROSECUTION IS HEREBY REOPENED. A new ground of rejection is set forth below.
To avoid abandonment of the application, appellant must exercise one of the following two options:
(1) file a reply under 37 CFR 1.111 (if this Office action is non-final) or a reply under 37 CFR 1.113 (if this Office action is final); or,
(2) initiate a new appeal by filing a notice of appeal under 37 CFR 41.31 followed by an appeal brief under 37 CFR 41.37. The previously paid notice of appeal fee and appeal brief fee can be applied to the new appeal. If, however, the appeal fees set forth in 37 CFR 41.20 have been increased since they were previously paid, then appellant must pay the difference between the increased fees and the amount previously paid.
Notice of Pre-AIA or AIA Status
2. 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 § 103
3. 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 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.
4. 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 of this title, 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.
5. The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
6. Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Silverstein et al. (US 2019/0024350) hereinafter Silverstein in view of Reeder (US 10,642,289).
In claim 1, Silverstein discloses “A system of home appliances, the system comprising:
a first water consuming bathroom device configured to receive a voice command from a user and configured to relay data to a centralized server (FIG. 1, [0026] These user interface features can include, for example, vocal alarms, voice setup instructions [0033] Smart water apparatuses 134 and 136 enable smart water conservation and further enable smart user interaction. Smart water apparatuses 134 and 136 may communicate with router 122, central panel 130 [0034] Central panel 130 can be part of a security system or other master control system of enclosure 100. Central panel 130 can monitor which occupant is entering a bathroom and can communicate that information to one or more smart water apparatuses contained in that bathroom. This enables the smart water apparatus to have knowledge of water usage preferences (e.g., desired water temperature, shower schedule, etc.) of that occupant [0036] Access to the Internet, for example, may enable networked devices such as system 105, thermostat 110, camera 132, or apparatus 134 to communicate with a device or server remote to enclosure 100. The remote server or remote device can host an account management program that manages various networked devices contained within enclosure 100)”.
Silverstein does not appear to explicitly disclose however, Reeder discloses “a second water consuming bathroom device configured to receive instructions that are in response from the data relayed by the first water consuming bathroom device and provide a personalized setting at the second water consuming bathroom device in response to the instructions (col. 8 lines 3-45, For example, resident 124 may use a voice command to say “Smart Home, set CMV to John's shower profile”. The voice command may include a phrase, such as “Smart Home” to trigger the client device 120 to actively listen to a command following the phrase. Additionally, the phrase “Smart Home” may be a predefined user configured term to communicate with the client device 120. In response, the client device 120 can send the voice command to the connected mixing valve 108 using the connected valve application server 132, the network 134, and the one or more communication link 136. The connected mixing valve 108 may retrieve John's shower profile and set the associated parameters in response to receiving the voice command. Moreover, the connected mixing valve 108 can send back a confirmation to the client device 120 in response to retrieving John's shower profile and setting the associated parameters. For example, the connected mixing valve 108 may send back a response to display a message on the client device 120 to resident 124 that says “Smart Home, CMV completed task.”. Additionally, resident 124 may also request the connected mixing valve 108 to set another various use case of a signature profile. Specifically, resident 124 may set another use case of the same signature profile or resident 124 may set another use case of a new signature profile for the connected mixing valve 108. For example, resident 124 may use another voice command to say “Smart Home, set CMV to Rachel's hot laundry profile” or say “Smart Home, set CMV to Michael's shower profile.”. For example, resident 124 may use another voice command to say “Smart Home, turn up the hot water temperature by 2 degrees.” In response, the connected mixing valve 108 may instantly increase the temperature of the mixed water output 114 by 2 degrees F)”.
Hence, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to combine Silverstein and Reeder, the suggestion/motivation for doing so would have been to provide techniques for using a connected device installed in a home that measures water usage and precisely controls temperature of a hot water line in the home (col. 1 lines 27-29).
In claim 2, Silverstein teaches
The system of claim 1, wherein the voice command received at the first water consuming bathroom device includes a theme word to indicate the second water consuming bathroom device ([0048] For example, control circuitry 440 may enable more advanced user interface and communications functions. Circuitry 440 may use various computationally-intensive algorithms to sense patterns in user behavior, to discern whether the user is present, discern whether the user is using both hands, just one hand, the entire body, a toothbrush or a razor. Circuitry 440 may run algorithms for governing, for example, the color gradient of light 458 as a function of water temperature, water usage, or time remaining for a shower. Circuitry 440 may run algorithms for governing, for example, the content presented on a display. Circuitry 440 may run algorithms for governing, for example, the issuance of voice commands to users).
In claim 3, Silverstein teaches
The system of claim 1, further comprising: a third water consuming bathroom device configured to receive instructions that are in response from the data relayed by the first water consuming bathroom device and provide a personalized setting at the third water consuming bathroom device in response to the instructions ([0074] the water apparatus may be used to control the flow of water through a water network that may exist within a structure. For example, when the water apparatus runs water to “heat up the shower,” the water entering the drain may be re-routed to a destination other than the sewer or city drain. As a specific example, the drain water can be re-routed to a grey water tank, toilet or garden. When the desired temperature of water is reached (and soap might be added), the water system may cease re-directing the water and force it to flow into the sewer. If desired, the water system can re-direct the drain water based on different values of the drain water. For example, relatively hot and cold water may be directed to a toilet or grey water tank, but hot water may not be directed to a garden).
In claim 4, Silverstein teaches
The system of claim 3, wherein the voice command received at the first water consuming bathroom device includes a category to indicate the second water consuming bathroom device and the third water consuming bathroom device ([0109] similar controls are provided for other instruments, utilities, and devices in the house. For example, sinks, bathtubs, and showers can be controlled by smart spigots that recognize users as guests or as children and therefore prevent water from exceeding a designated temperature that is considered safe, the detection circuitry can detect whether the water is going to overflow in a tub or sink and automatically shutoff flow of water. In yet another embodiment, the smart water apparatus can automatically drain a tub when it senses that the occupant is no longer present or it may drain the tub based on user input (e.g., a spoken command to a central house control system or by pressing a button on a control panel)).
In claim 5, Reeder teaches
The system of claim 1, wherein the first water consuming bathroom device and the second water consuming bathroom device are assigned according to a priority order algorithm (col. 8 lines 28-45, Specifically, resident 124 may set another use case of the same signature profile or resident 124 may set another use case of a new signature profile for the connected mixing valve 108. For example, resident 124 may use another voice command to say “Smart Home, set CMV to Rachel's hot laundry profile” or say “Smart Home, set CMV to Michael's shower profile.” In other examples, resident 124 may adjust an already set signature profile. For example, resident 124 may use another voice command to say “Smart Home, turn up the hot water temperature by 2 degrees.” In response, the connected mixing valve 108 may instantly increase the temperature of the mixed water output 114 by 2 degrees F. In some implementations, the connected mixing valve 108 may queue the received requests from a resident, in the order in which the connected mixing valve 108 receives the requests).
In claim 6, Silverstein teaches
The system of claim 5, wherein the priority order algorithm includes order of connection, order of installation, order of user preference, order of manufacturer preferences, or user proximity preference ([0124] using a video camera placed in the hallway just outside the bathroom in combination with facial recognition, the identity of the person entering the bathroom can be determined. Responsive thereto, various presets, offsets, and preferences (e.g., preferred water temperature for that person) can be imputed by the shower control system 500).
In claim 7, Silverstein teaches
The system of claim 6, wherein the first water consuming bathroom device is associated with a first network address and the second water consuming bathroom device is associated with a second network address, wherein the priority order algorithm is based on the first network address and the second network address ([0074] the water apparatus may be used to control the flow of water through a water network that may exist within a structure. For example, when the water apparatus runs water to “heat up the shower,” the water entering the drain may be re-routed to a destination other than the sewer or city drain. As a specific example, the drain water can be re-routed to a grey water tank, toilet or garden. When the desired temperature of water is reached (and soap might be added), the water system may cease re-directing the water and force it to flow into the sewer. If desired, the water system can re-direct the drain water based on different values of the drain water. For example, relatively hot and cold water may be directed to a toilet or grey water tank, but hot water may not be directed to a garden) [0080] The network interface 1318 may include a component that enables the device 1310 to communicate between devices. As such, the network interface 1318 may enable the device 1310 to communicate with other devices 1310 via a wired or wireless network).
In claim 8, Silverstein teaches
The system of claim 6, further comprising: a presence sensor configured to detect a user in proximity to the first water consuming bathroom device or the second water consuming bathroom device, wherein the priority order algorithm is based on whether the user is detected in proximity to the first water consuming bathroom device or the second water consuming bathroom device ([0124] the various sensing systems shown in FIG. 14 can readily be implemented in conjunction with the shower control system 500 of FIG. 5 to provide particular advantageous scenarios. For example, the various smart-home occupancy and location sensors of FIG. 14 can be used to detect a person walking down a hallway and toward the bathroom during a particular morning hour of a particular day of the week in which it has been observed that the user statistically is likely to take a shower. This knowledge can be used to begin a pre-heating water flow even before the user has entered the bathroom and, if the person does enter the bathroom to take a shower, that much more time in water pre-heating has been saved).
In claim 9, Silverstein teaches
The system of claim 7, wherein the priority order algorithm reassigns the first water consuming bathroom device and the second water consuming bathroom device based on proximity ([0066] FIG. 9 includes an object's distance from the water apparatus waveform 910, a water flow rate waveform 920, and range detection waveform 930. At time, to, the object distance is considered to be at infinity. Consequently, the range detection is also at infinity and the water flow rate is at zero. At time, t1, the object has moved to within an intermediate distance between infinity and a minimum distance (shown as zero). At this intermediate distance, the range detection may exceed threshold, tu, but not exceed threshold, t2. At this ranging threshold, the water flow rate can be set to an intermediate flow rate, as shown in waveform 920. At time, t2, the object has moved to within a minimum distance (shown as zero). At this minimum distance, the range detection may exceed threshold, t2. At this ranging threshold, the water flow rate can be set to a maximum flow rate, as shown in waveform 920. At time, t3, the object has moved out of range to a distance considered as infinity. As a result, range detection also goes to infinity and the water flow rate returns to zero).
In claim 10, Silverstein teaches
The system of claim 1, wherein the first water consuming bathroom device includes a toilet, a faucet, or programmable shower ([0109] similar controls are provided for other instruments, utilities, and devices in the house. For example, sinks, bathtubs, and showers can be controlled by smart spigots that recognize users as guests or as children and therefore prevent water from exceeding a designated temperature that is considered safe, the detection circuitry can detect whether the water is going to overflow in a tub or sink and automatically shutoff flow of water. In yet another embodiment, the smart water apparatus can automatically drain a tub when it senses that the occupant is no longer present or it may drain the tub based on user input (e.g., a spoken command to a central house control system or by pressing a button on a control panel)).
In claim 11, Silverstein teaches
The system of claim 1, wherein the second water consuming bathroom device includes a bathtub sensory device, a bathtub level device, a toilet seat, or a shower ([0109] similar controls are provided for other instruments, utilities, and devices in the house. For example, sinks, bathtubs, and showers can be controlled by smart spigots that recognize users as guests or as children and therefore prevent water from exceeding a designated temperature that is considered safe, the detection circuitry can detect whether the water is going to overflow in a tub or sink and automatically shutoff flow of water).
In claim 12, Silverstein teaches
The system of claim 1, wherein the personalized setting includes a water temperature, a water pressure, a pulse series, or a water level ([0109] similar controls are provided for other instruments, utilities, and devices in the house. For example, sinks, bathtubs, and showers can be controlled by smart spigots that recognize users as guests or as children and therefore prevent water from exceeding a designated temperature that is considered safe, the detection circuitry can detect whether the water is going to overflow in a tub or sink and automatically shutoff flow of water).
Claims 13-20 are essentially same as claims 1-3, 5 and 7-12 and are rejected for the same reasons as applied hereinabove.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HUAWEN A PENG whose telephone number is (571)270-5215. The examiner can normally be reached Mon thru Fri 9 am to 5 pm.
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/HUAWEN A PENG/Primary Examiner, Art Unit 2169