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
Applicants’ election with traverse of Group I in the reply filed on 07/27/26 is acknowledged. The traversal is on the ground(s) that “..the statement does not identify which claimed "combination" is being compared to which claimed "subcombination" as between Group I and Group II, and does not explain why the hybrid spa claims of Group I do not require the particulars of the hybrid spa claims of Group II for patentability. Nor does the Restriction Requirement identify any particular limitation of claim 47 or claim 58 as the basis for satisfying the first requirement of MPEP § 806.05(c).”
This is not found persuasive because even though the inventions share similar subject matter, the inventions are not interchangeable due to the limitations related to differing sources of power for each spa component, a different status of each power source based on which spa component it connects, and whether each spa component is active or inactive while connected to the power source.
Claim 47 recites:
A hybrid spa comprising: a housing; a rechargeable battery; and a plurality of spa components configured to draw power from a first power outlet and/or the rechargeable battery; and wherein the rechargeable battery is configured to recharge by drawing power from the first power outlet when the plurality of spa components are not in use.
Claim 58 recites:
A hybrid spa comprising: a rechargeable battery; a heater configured to draw power from a first power outlet; and a plurality of jet pumps configured to draw power from the first power outlet and/or the rechargeable battery; wherein the heater is configured to draw power from the first power outlet and the plurality of jet pumps is configured to draw power from the rechargeable battery when both the heater and the plurality of jet pumps are in use.
Claims 63-66 withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim.
The requirement is still deemed proper and is therefore made FINAL.
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) 47-51, 54 is/are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by 2012/0005818 A1 to Coelho.
Regarding claim 47, Coelho discloses a spa with a housing comprised of shell, frame, skirting and cover (fig. 1), a rechargeable battery (30) configured to be connected to a power outlet (0008), a plurality of spa components (fig. 4) configured to be connected to the power outlet and/or the battery (fig. 4, (0023, 0024) claim 9); and wherein the battery is configured to recharge by drawing power from the power outlet when the plurality of spa components are not in use (fig. 4, (0023, 0024) claim 9).
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Regarding claim 48, Coelho further discloses each of the plurality of spa components is configured to draw power from only one of the first power outlet or the rechargeable battery (fig. 4; 0023-0024;clm 9).
Regarding claim 49, Coelho further discloses each of the plurality of spa components is configured to draw power from the first power outlet and the rechargeable battery (fig. 4, (0023, 0024) claim 9).
Regarding claim 50, Coelho further discloses each of the plurality of spa components is configured to draw power at least from the first power outlet (fig. 4, (0023, 0024) claim 9).
Regarding claim 51, Coelho further discloses the plurality of spa components (0019) including pump 16D, a circulation pump 16A, and a main heater 16C (0019), and wherein each of the circulation pump, and the main heater is configured to draw power at least from the first power outlet (e.g., a AC/DC inverter (0005), a battery pack (fig. 4), and different kinds of pumps and heaters (0019-0022).
Regarding claim 54, Coelho further discloses an equipment bay within a footprint of the housing, wherein the rechargeable battery is positioned in the equipment bay (fig. 4).
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.
Claim(s) 52-57 is/are rejected under 35 U.S.C. 103 as being unpatentable over 2012/0005818 A1 to Coelho as applied to claims 47 and 51 above and further in view of 2010/018958 A1 to Authier.
Regarding claim 52, Coelho does not disclose a second heater or power outlet. However, Authier teaches a secondary heater 66,78 configured to draw power from a second power outlet 40 (fig. 4). Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify Coelho as taught by Authier such that adding an additional heater component and additional power outlets facilitates an even power load across the electrical system for multiple electrical components for the purpose of preventing a safety hazard to the electrical system and each individual electrical device.
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Regarding claim 53, Coelho further discloses a controller 32 (0023) configured to manage power distribution to the plurality of spa components. Coelho does not disclose the controller being configured to activate both a main heater and a secondary heater when heating water by more than 5 °F. However, Authier teaches a controller being configured to activate both a main heater and a secondary heater 64,66 when heating water (0052; 0040-0080,0084-0088), but is silent as to heating water by more than 5 °F.
Authier teaches the first power source 38 is associated with the primary heating module 64 and the second power source 40 associated with the second or auxiliary heating module 66. The controller 34, in communication with the temperature sensors 72, 74 obtains temperature of water within receptacle 18, and controller determines whether the temperature is elevated, below or is at a desired range, and in turn the controller activates one or both modules (0087-0088). A user can enter commands via control panel 32, alternatively the control unit 54 can make any selection for power source or spa components based on pre-programmed instructions stored in memory unit 56.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the controller of Authier such that the controller is capable of activating both a main heater and a secondary heater, when the temperature criteria of the water receptacle is within a specified temperature range as designated by the control unit instructions or user input via a control panel, as a matter of routine optimization since it has been held that “where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.” In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
Regarding claim 55, Coelho further discloses a rechargeable battery (30) configured to be connected to a power outlet (0008), a plurality of spa components (fig. 4) configured to be connected to the power outlet and/or the battery (fig. 4, (0023, 0024) claim 9); and wherein the battery is configured to recharge by drawing power from the power outlet when the plurality of spa components are not in use (fig. 4, (0023, 0024) claim 9). The controller 32 is connected to each power source 26,30 and at least one electrical component 16 (figs. 1,4). Each connection of a spa component to a power source depends on the charge state of battery. When the controller detects the charge state of the battery, whether it falls below a predetermined state or elevated, the controller switches the input power used for powering the components from the battery to grid power (0022-0023).
Regarding claim 56, Coehlo is silent as to the heating water by more than 5 °F. Instead, Coelho indicates a controller 32 (0023) configured to manage power distribution to the plurality of spa components. However, Authier teaches a controller being configured to activate multiple components when heating water or when the power requirement needs adjustment (0052; 0040-0080,0084-0088), but is silent as to heating water by more than 5 °F. Authier teaches the first power source 38 is associated with the primary heating module 64 and the second power source 40 associated with the second or auxiliary heating module 66. The controller 34, in communication with the temperature sensors 72, 74 obtains temperature of water within receptacle 18, and controller determines whether the temperature is elevated, below or is at a desired range, and in turn the controller activates one or both modules (0087-0088) and controls the power source (0034-0035;0055-0088). A user can enter commands via control panel 32, alternatively the control unit 54 can make any selection for power source or spa components based on pre-programmed instructions stored in memory unit 56. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the controller of Authier such that the controller is capable of activating multiple components, when the temperature criteria of the water receptacle is within a specified temperature range as designated by the control unit instructions or user input via a control panel or when the components power usage requires adjusting the power source, as a matter of routine optimization since it has been held that “where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.” In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
Regarding claim 57, Coehlo further discloses a plurality of spa components including a pump and heater (0019; fig. 4) including different kinds of pumps and heaters 16A,16D (0019-0022) and a main heater 16C (0019).
Conclusion
The prior art made of record (see USPTO Form 892) and not relied upon is considered pertinent to applicant's disclosure.
More specifically, US 20260053703 A1 to Camp is directed to the state of the art as a teaching of contrast tub 100 with series of pumps that operates in a continuous immersion mode or a drain and fill mode.
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to LORI BAKER whose telephone number is (571)272-4971. The examiner can normally be reached Monday through Friday: 9 am - 6 pm CST. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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/LORI L BAKER/Primary Examiner, Art Unit 3754
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