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 .
Claim Objections
In claim 15, the claim references the term “at least one sensor” in the marked-up portion of the amended language, however earlier in the claim the recitation is of “a sensor” or “the sensor”. Consider using consistent language.
In claim 15, optionally consider -- (i) characterizing the debris collected using a sensor within the APC or (ii) analyzing water flowing through the APC using [[the]] a sensor, as the previous recitation of sensor is in a limitation in the alterative, and may not necessarily be required.
Claim Rejections - 35 USC § 102
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 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.
Claim(s) 1-2, 5, 6, 11, 15, 16, 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Maggeni (US 20160305144 A1).
With respect to claim 1, Maggeni discloses: An automatic pool cleaner (APC) for a swimming pool or spa (abstract), the APC comprising:
a body (outer housing, see 20, fig. 9; [0057]; analogous outer shape shown in fig. 9);
a filter housed within the body (filter 70, fig. 9; [0120, 0136]);
an inlet (immediately below 93, fig. 9, see flow path indicated by arrow and line in in fig. 4 for example);
an outlet (outlet at 52, fig. 9, fig. 4 for example), wherein a water flow path is defined through the APC from the inlet, to the filter, and out the outlet and such that debris collected by the APC during a cleaning operation at least partially moves along the water flow path before being collected by the filter (see fig. 4 for flow path, the debris is trapped in filter as evidenced by how the filter gets clogged in [0126]); and at least one sensor within the APC and configured to detect the debris and characterize the debris (sensor 39, fig. 9; [0136], it senses the accumulated dirt/debris [or a quantity thereof] via the pressure it causes), wherein the at least one sensor is on the water flow path and adjacent to the filter or within the filter (sensor is within water flow path as in the placement in fig. 9 relative to fig. 4; adjacent to filter 70 and surrounded by the filter in [0136]).
With respect to claim 2, Maggeni discloses the limitations of claim 1 above, and further discloses wherein the at least one characteristic comprises a shape, color, size, speed, quantity, thickness, opacity, mass, and/or type (characteristic includes a quantity, as it senses the accumulation of dirt/debris).
With respect to claim 5, Maggeni discloses the limitations of claim 1 above, and further discloses wherein the APC is configured to generate an output based on the detected at least one characteristic of the debris (sensor is used for controlling filter replacement operations in [0136,0137]).
With respect to claim 6, Maggeni discloses the limitations of claim 5 above, and further discloses wherein the APC is configured to generate the output by at least one of: adjusting a cleaning pattern; generating an alert on the APC; sending an alert to a remote device; adapting a cleaning cycle duration; adjusting a navigation of the APC within the pool, monitoring a filling of the filter (sensor 39, fig. 9; [0136], it senses the accumulated dirt/debris [or a quantity thereof] via the pressure it causes and clogging of the filter, which is in turn used to generate an output); obtaining a state of pump wear ;optimizing pump motor energy consumption; detecting a water/air limit; identifying water turbidity; detecting a waterline; controlling a future cleaning cycle; or providing a recommendation about filter type and/or or mesh size.
With respect to claim 11, Maggeni discloses: An automatic pool cleaner (APC) for a swimming pool or spa, the APC comprising;
a body (outer housing, see 20, fig. 9; [0057]; analogous outer shape shown in fig. 9);;
a filter within the body (filter 70, fig. 9; [0120, 0136]);
and at least one sensor configured to (i) characterize debris collected by the APC and/or (ii) detect at least one characteristic of water in a water flow path of the APC debris (sensor 39, fig. 9; [0136], it senses the accumulated dirt/debris [or a quantity thereof] via the pressure it causes, also senses water characteristic in terms of pressure), wherein a water flow path is defined through the APC and such that the debris collected by the APC during a cleaning operation at least partially moves along the water flow path before being collected by the filter (see fig. 4 for flow path, the debris is trapped in filter as evidenced by how the filter gets clogged in [0126]), wherein the at least one sensor is on the water flow path and adjacent to the filter or within the filter (the sensor 39 is within the flow path, before the filter, and adjacent/surrounded by to the filter; [0136]).
With respect to claim 15, Maggeni discloses: A method comprising;
collecting debris from a pool or spa using an automatic pool cleaner (pool cleaner collects debris as in [0136] where the filter gets clogged by debris; also see [0134]);
and at least one of (i) characterizing the debris collected using a sensor within the APC or (ii) analyzing water flowing through the APC using the sensor (sensor 39, fig. 9; [0136], it senses the accumulated dirt/debris [or a quantity thereof] via the pressure it causes, also senses water characteristic in terms of pressure), wherein a water flow path is defined through the APC and the debris collected by the APC during a cleaning operation at least partially moves along the water flow path before being collected by a filter (see fig. 4 for flow path, the debris is trapped in filter as evidenced by how the filter gets clogged in [0126]; filter 70, fig. 9; [0120, 0136]), wherein the at least one sensor is on the water flow path and adjacent to the filter or within the filter (the sensor 39 is within the flow path, before the filter, and adjacent/surrounded by to the filter; [0136]).
With respect to claim 16, Maggeni discloses the limitations of claim 15 above, and further discloses generating an output based on a characterization of the debris collected (sensor is used for controlling filter replacement operations in [0136,0137]).
With respect to claim 18, Maggeni discloses the limitations of claim 16 above, and further discloses wherein generating the output comprises at least one of monitoring a filling of a filter (sensor 39, fig. 9; [0136], it senses the accumulated dirt/debris [or a quantity thereof] via the pressure it causes and clogging of the filter, which is information used as part of generating the output), obtaining a state of pump wear, or optimizing pump motor energy consumption.
Claim(s) 11, 13, 15, 16, 17, 18, and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kehati (US 20190145119 A1).
With respect to claim 11, Kehati discloses An automatic pool cleaner (APC) for a swimming pool or spa (abstract), the APC comprising a body (body 80, fig. 3A, [0089]; a filter within the body (filter 170, fig. 3A, [0089]); and at least one sensor configured to (i) characterize debris collected by the APC and/or (ii) detect at least one characteristic of water in a water flow path of the APC (sensor 61, fig. 3A, [0089], next to a filtering unit 170, fig. 3A, the sensor characterizes debris and characterizes water by detecting a characteristic of water flow [in a flow path] indicative of cleanliness of the filter that is clogged by dirt/debris [0052-0054], that characteristic of water flow in turn being a characteristic of debris in that debris impedes water flow through the filter through clogging), wherein a water flow path is defined through the APC and such that the debris collected by the APC during a cleaning operation at least partially moves along the water flow path before being collected by the filter (as described in [0089], the pool cleaner operates by having pump move fluid out 82, and the pool cleaner sucks water though 81, fig. 3a, as in [0241], with the filter in between debris is collected; [0090] evidences that the filter collects debris as it is no longer clean, there is a short segment where sensor 61 is in fig. 3A before the filter), wherein the at least one sensor is on the water flow path and adjacent to the filter or within the filter (sensor 61, fig. 3A, [0089], next to a filtering unit 170, fig. 3A, within the flow path as next to opening).
With respect to claim 13, Kehati discloses the limitations of claim 11 above, and further discloses wherein the at least one sensor is at least one of an ORP sensor, a pH sensor, a temperature sensor, or a salinity sensor (the calorimetric sensor is a thermal [temperature] sensor as in [0060-0062])
With respect to claim 15, Kehati discloses A method comprising collecting debris from a pool or spa using an automatic pool cleaner (APC) (abstract provides for automatic pool cleaner [0054][ provides that the robot is clogged with dirt and thus collects debris) and (i) characterizing the debris collected using a sensor within the APC and/or (ii) analyzing water flowing through the APC using the sensor (sensor 61, fig. 3A, [0089], next to a filtering unit 170, fig. 3A, the sensor characterizes debris and characterizes water by detecting a characteristic of water flow [in a flow path] indicative of cleanliness of the filter that is clogged by dirt/debris [0052-0054], that characteristic of water flow in turn being a characteristic of debris in that debris impedes water flow through the filter through clogging), wherein a water flow path is defined through the APC and the debris collected by the APC during a cleaning operation at least partially moves along the water flow path before being collected by a filter (as described in [0089], the pool cleaner operates by having pump move fluid out 82, and the pool cleaner sucks water though 81, fig. 3a, as in [0241], with the filter in between debris is collected; [0090] evidences that the filter collects debris as it is no longer clean, there is a short segment where sensor 61 is in fig. 3A before the filter), wherein the at least one sensor is on the water flow path and adjacent to the filter or within the filter (sensor 61, fig. 3A, [0089], next to a filtering unit 170, fig. 3A, within the flow path as next to opening).
With respect to claim 16, Kehati discloses the limitations of claim 15 above, and further discloses generating an output based on the characterization of the debris collected ([0090] provides for a controller 101, fig. 3a, to receive and send signals [outputs] from the sensor, that includes the determined cleanliness of the filter [characterization of debris collected in terms of amount that affects the cleanliness of the filter]).
With respect to claim 17, Kehati discloses the limitations of claim 16 above, and further discloses wherein generating the output comprises at least one of adjusting a cleaning pattern of the APC, generating an alert on the APC, sending an alert to a remote device, adapting a cleaning cycle duration, or adjusting a navigation of the APC within the pool ([0154] also provides that an alert [on the APC] can be generated, [0297] provides that the pool cleaner can comprise any combination of disclosed elements).
With respect to claim 18, Kehati discloses the limitations of claim 16 above, and further discloses wherein generating the output comprises at least one of monitoring a filling of a filter, obtaining a state of pump wear, or optimizing pump motor energy consumption (monitoring the filling of the filter, [0094] provides for a controller 101, fig. 4a, to receive and send signals from the sensor [output], that includes the determined cleanliness [filling] of the filter).
With respect to claim 20, Kehati discloses the limitations of claim 16 above, and further discloses wherein generating the output comprises at least one of detecting a water/air limit, detecting a waterline, controlling a future cleaning cycle, or providing a recommendation about filter type and/or mesh size (the robot is instructed to clean the filter or adjust a cleaning parameter in [0155,0173], which is a future cleaning cycle when necessary, [0226-0235] describes how the robot cleans the filter [which is a triggered future cleaning cycle specific to the filter] output derived from a previous determination that the filter is clogged] by reversing fluid flow; [0297] provides that the pool cleaner can comprise any combination of disclosed elements).
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) 3-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Maggeni (US 20160305144 A1), and further in view of Tang (CN 108049664 A).
With respect to claim 3, Maggeni discloses the limitations of claim 1 above, however does not explicitly disclose wherein the at least one sensor comprises an optical sensor, a camera, or a turbidity sensor. However, as noted in the rejection of claim 1 above, Maggeni provides that the sensor is for monitoring debris so that the filter clogging/accumulation can be determined.
Tang, in the same field of endeavor, related to pool cleaners, provides for a sensor used to monitor debris and the clogging of a brush ([0050], amount of debris accumulated in brush unit 1, fig. 1), and provides that the sensor could either be a pressure sensor (pressure sensor in [0051] that contacts debris), or an optical sensor (optical sensor 2, with an infrared transmitting tube 21 optical signal receiver is an infrared receiving tube 22, fig. 1, [0054-0055]). Tang teaches that this is low cost and reasonable ([0035]).
MPEP 2143 provides that simple substitution of one known element for another to obtain predictable result is obvious to a person of ordinary skill in the art. Therefore, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to have substituted the pressure sensor of Maggeni for the optical sensor of Tang, for the purpose of observing debris. Such an arrangement would predictable result as the sensors are used for debris detection. As noted in MPEP 2143, “express suggestion to substitute one equivalent for another need not be present to render such substitution obvious”, and in this case a person of ordinary skill in the art, before the effective filing date of the claimed invention would have found reason to use an optical sensor as Tang provides that this arrangement is low cost and reasonable.
With respect to claim 4, Maggeni discloses the limitations of claim 1 above, however does not explicitly disclose wherein the at least one sensor is an optical sensor, and wherein the optical sensor comprises at least one of a visible light sensor, a UV light sensor, or an IR light sensor. However, as noted in the rejection of claim 1 above, Maggeni provides that the sensor is for monitoring debris so that the filter clogging/accumulation can be determined.
Tang, in the same field of endeavor, related to pool cleaners, provides for a sensor used to monitor debris and the clogging of a brush ([0050], amount of debris accumulated in brush unit 1, fig. 1), and provides that the sensor could either be a pressure sensor (pressure sensor in [0051] that contacts debris), or an infrared (IR) optical sensor (optical sensor 2, with an infrared transmitting tube 21 optical signal receiver is an infrared receiving tube 22, fig. 1, [0054-0055]). Tang teaches that this is low cost and reasonable ([0035]).
MPEP 2143 provides that simple substitution of one known element for another to obtain predictable result is obvious to a person of ordinary skill in the art. Therefore, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to have substituted the pressure sensor of Maggeni for the IR optical sensor of Tang, for the purpose of observing debris. Such an arrangement would predictable result as the sensors are used for debris detection. As noted in MPEP 2143, “express suggestion to substitute one equivalent for another need not be present to render such substitution obvious”, and in this case a person of ordinary skill in the art, before the effective filing date of the claimed invention would have found reason to use an optical sensor as Tang provides that this arrangement is low cost and reasonable.
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kehati (US 20190145119 A1), and further in view of Avraham (US 20260160088 A1; the reference is supported by provisional 63/380,681, of which priority is claimed in both the US and PCT filing; see in particular pages 1, 29 and 31 of the provisional specification; the US provisional is available as a certified copy of “a foreign priority application” in the application file for 19/123,120 dated 04/22/2025)
With respect to claim 19, Kehati discloses the limitations of claim 15 above, however does not explicitly disclose wherein generating the output comprises identifying water turbidity. However, Kehati discloses wherein generating the output comprises generating an alert on the APC ([0154] provides that an alert [on the APC] can be generated indicating cleanliness and other details, [0297] provides that the pool cleaner can comprise any combination of disclosed elements).
Avraham, in the same field of endeavor, related to pool cleaning, teaches that turbidity is related to and caused by a clogged filter and debris ([0291], provisional on page 29), and teaches of providing the user the reason for an increased turbidity ([0302], provisional at page 31). Avraham teaches that these methods improve maintenance of swimming pools ([0021]).
It would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified Kahati such that wherein generating the output comprises identifying water turbidity, using the teachings of Avraham to provide information on how turbidity is caused by a filter in need of replacement, for the reason that this improves maintenance of swimming pools.
Response to Arguments
Applicant's arguments filed 06/11/2026 have been fully considered but they are not persuasive.
Regarding Kehati, response pages 6-8, the applicant argues that Kehati does not detect debris, but rather a water flow rate, and that the reduced flow rate is not a characteristic of debris, but rather of the filter. The examiner does not agree, as the characteristic of the debris is that it can cause clogging on the filter. However, the examiner notes that the amended claim requires the sensor “detect the debris and characterize the debris”, which changes the meaning of claim 1 as it now requires the sensor to actually detect the debris instead of an indirect effect or characteristic of the debris, and thus Maggeni is applied. In Maggeni, a pressure sensor is disclosed to detect the debris itself (see [0136] “illustrates pressure sensor 93 as sensing the pressure of fluid or accumulated dirt/debris within a space surrounded by filter 70”.
The applicant also appears to argue that the amendments to the claims also overcomes Kehati, in that the reference does not teach or suggest at least "a water flow path is defined through the APC from the inlet, to the filter, and out the outlet and such that debris collected by the APC during a cleaning operation at least partially moves along the water flow path before being collected by the filter" and "the at least one sensor on the water flow path and adjacent to the filter or within the filter". Claims 11 and 15 recite that the sensor is configured to detect at least one characteristic of water in a water flow path of the APC, or of analyzing water flowing through the APC using the sensor, as a limitation in the alterative to the debris sensing. As a result, the examiner determined the arguments regarding the sensing of the debris are not relevant here. In the above rejection, the examiner applied another embodiment of Kehati, specifically fig. 3a, where there is a sensor 61 below the filter 170, along the inlet flow path before the filter, with the suction pump 132 and outlet 82 above the filter to draw water though the filter. The examiner believes this embodiment of Kehati now anticipates the amended claims 11 and 15. The applicant did not appear to present arguments otherwise.
With Barcelos, the arguments are moot, as the reference is not applied.
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 Steven Huang whose telephone number is (571)272-6750. The examiner can normally be reached Monday to Thursday 6:30 am to 2:30 pm, Friday 6:30 am to 11:00 am (Eastern Time).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Posigian can be reached at 313-446-6546. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Steven Huang/Examiner, Art Unit 3723
/DAVID S POSIGIAN/Supervisory Patent Examiner, Art Unit 3723
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