DETAILED ACTION
Examiner has received and accepted the amended claims and remarks filed on 1 July 2026. These amended claims and remarks are the claims and remarks being referred to in the instant Office Action. Examiner acknowledges Claims 3, 8, and 9 have been cancelled.
Response to Arguments
Applicant’s arguments with respect to Claims 13 and 21 have been fully considered and are persuasive. The Objection to Claims 13 and 21 has been withdrawn.
Applicant’s arguments with respect to Claims 1, 2, 4 – 7, and 10 - 21 have been fully considered and are persuasive. The Prior Art Rejection of Claims 1, 2, 4 – 7, and 10 - 21 has been withdrawn.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 23 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding Claim 23, the term “near” is a relative term which renders the claim indefinite. The term “near” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. It is unclear as to what distances can be considered “near”, thus rendering the claim indefinite.
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) 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over FCC Report of Waterguru Sense, https://fcc.report/FCC-ID/2ATXQWGSENSE/, provided by the Examiner 30 September 2025 and hereinafter referred to as “FCC”, in view of Porat (WO 2004/019295), in further view of Hui et al. (US 2013/0206660), in further view of Silveri (US 2012/0216605).
Regarding Claim 23, FCC discloses a pool monitoring system, in at least Pages 6, 7, 9, and 10, comprising: a sensing device (Lab Unit) configured to be submerged in the pool water near a pool structure (Page 6), the sensing device including one or more water parameter sensors (chemistry and water flow) (Page 6), wherein the one or more water parameter sensors are operable to measure at least one parameter of the water (chemistry and water flow) (Page 6); a surface base unit (communications and power module) disposed to be out of the pool water (skimmer cover) (Page 6), the surface base unit including electronic components (components of the main board) configured to receive a measurement data of at least one parameter of the pool water from the sensing device and to wirelessly transmit the measurement (e.g. via Wifi or Bluetooth) (Page 6); and a submersible cable connection assembly (see cable in Figures on Page 9) .
FCC fails to expressly disclose wherein the surface base unit comprises an upper housing portion, an inner annular portion configured as a partial circular arc to allow access to an outer data port connector, an inner top portion, and a lower housing portion having an attachment area to be affixed to pool structures, the four portions structured and arranged to be releasably coupled together to provide a water-tight seal formed by a sealing device disposed in a groove between at least one pair of adjacent housing portions and the submersible cable connection assembly being removably coupled to the surface base unit outside of the pool water and permanently coupled to the sensing device.
Porat teaches a surface base unit (40) includes an outer data port connector (50); a submersible cable connection assembly (38) being removably coupled to the surface base unit outside of the pool water (via 50) (Figure 2) and permanently coupled to the sensing device (Figure 3).
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify FCC so that the surface base unit includes an outer data port connector and the submersible cable connection assembly being removably coupled to the surface base unit outside of the pool water and permanently coupled to the sensing device for the benefit of facilitating the connection between the surface base unit and sensing device and allowing for separation between the two so replacement of either surface base unit or sensing device can be made in case of damage or malfunction.
FCC also discloses an inner annular portion configured as a partial circular arc to allow access to the cable (see annular portion in Page 9, bottom Figure)
Hui teaches a surface base unit, in at least Figures 3 – 6C, comprising an upper housing portion (102), an inner annular portion (34) configured as a circular arc (Figure 6C), an inner top portion (32), and a lower housing portion (36) having an attachment area to be affixed to pool structures (any area can be considered an attachment area to permit attachment e.g. via hook and loop fastener, rope etc.), the four portions structured and arranged to be releasably coupled together (Figure 3 – 6C) to provide a seal formed by a groove between at least one pair of adjacent housing portions (see seal generated by 32 fitting in groove of 36) (Figure 5, 6C).
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify the combination so that FCC’s surface base unit comprises an upper housing portion, the inner annular portion configured as a partial circular arc, as taught by FCC, to allow access to Porat’s outer data port connector, an inner top portion, and a lower housing portion having an attachment area to be affixed to pool structures, the four portions structured and arranged to be releasably coupled together to provide a seal formed by a groove between at least one pair of adjacent housing portions for the benefit of utilizing structure known in the art to float, as taught by Hui [0035], should the surface base unit fall into the pool.
Silveri teaches a sealing device (96) to form a water-tight seal having a groove (962) [0162].
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify the combination to utilize a sealing device disposed in Hui’s groove to allow for a water-tight seal for the benefit of preventing the entrance of water which can damage electronics.
Allowable Subject Matter
Claims 1, 2, 4 – 7, and 10 – 22 are allowed.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding Claim 1 and 13, the prior art fails to anticipate nor render obvious the newly added claim limitations in combination with the previously recited claim limitations and Applicant’s arguments date 1 July 2026, Pages 12 – 17 are persuasive.
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 ALEXANDER MERCADO whose telephone number is (571)270-7094. The examiner can normally be reached Monday - Thursday 9am - 4pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Laura Martin can be reached at (571) 272-2160. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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ALEXANDER A. MERCADO
Primary Examiner
Art Unit 2855
/ALEXANDER A MERCADO/Primary Examiner, Art Unit 2855
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