Prosecution Insights
Last updated: October 04, 2026
Application No. 18/542,549

Systems And Methods For Smart Valve Control Of Pool And Spa Components And Operations

Final Rejection §102
Filed
Dec 15, 2023
Priority
Dec 16, 2022 — provisional 63/433,081
Examiner
SKUBINNA, CHRISTINE J
Art Unit
3754
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Hayward Industries Inc.
OA Round
2 (Final)
62%
Grant Probability
Moderate
3-4
OA Rounds
0m
Est. Remaining
82%
With Interview

Examiner Intelligence

Grants 62% of resolved cases
62%
Career Allowance Rate
614 granted / 995 resolved
-8.3% vs TC avg
Strong +20% interview lift
Without
With
+20.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 3m
Avg Prosecution
38 currently pending
Career history
1027
Total Applications
across all art units

Statute-Specific Performance

§101
0.7%
-39.3% vs TC avg
§103
49.7%
+9.7% vs TC avg
§102
20.0%
-20.0% vs TC avg
§112
20.3%
-19.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 995 resolved cases

Office Action

§102
DETAILED ACTION This is the Final Office Action for application number 18/542,549 - SYSTEMS AND METHODS FOR SMART VALVE CONTROL OF POOL AND SPA COMPONENTS AND OPERATIONS, filed on 12/15/23. Claims 1-38 are pending. Claims 16-38 have been withdrawn. This Final Office Action is in response to applicant’s reply dated 8/2/26. The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Claim Rejections - 35 USC § 102 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) 1-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Roy et al. (US Pub. 2020/0319621). Regarding Claim 1 Roy shows a smart valve system (shown at least by ¶ [0196-0209]). , comprising: a valve actuator (14e, 114e, 214e, 314e, 414e, 514e, 614e, 714e, 4514e, 4614e) for actuating a valve; a sensor (¶ [0204-0206]) for monitoring a flow rate through the valve; a controller (¶ [0208]) in communication with the valve actuator and the sensor (¶ 0204-0208]); and a communications interface (32) in communication with the controller (at least 22, 70, 84) and a variable speed pumping system (614a, 714a, 814a), wherein the controller is configured to measure the flow rate through the valve and controls operation of the variable speed pumping system based on the measured flow rate (¶ [0199-0208]). Regarding Claim 2 Roy shows the smart valve system of Claim 1, wherein the sensor comprises a pressure sensor for detecting pressure changes at the valve, the controller controlling operation of the valve actuator in response to the detected pressure changes at the valve (¶ [0141; 0165; 0181; 0198; 0199; 0204; 0205; ;0207; 0208]). Regarding Claim 3 Roy shows the smart valve system of Claim 1, wherein the controller controls operation of the valve using the detected pressure changes to avoid undershoot or overshoot conditions (¶ [0141; 0165; 0181; 0198; 0199; 0204; 0205; 0207; 0208]). Regarding Claim 4 Roy shows the system of Claim 1, wherein controller transmits the flow rate to the variable speed pumping system, the variable speed pumping system calibrating a flow rate of the variable speed pumping system in response to the flow rate through the valve (¶ [0207]; via power draw and smart valve; pump flow rate may be calculated by comparing controlled quantity to the valve position and computing the margin available..; aka calibration of the pump speed/flow rate for the desired flow). Regarding Claim 5 Roy shows the system of Claim 1, wherein the controller is configured to measure the flow rate through the valve, measure a speed of the variable speed pump, map the speed to the measured flow rate, transmit a pump speed command to the variable speed pumping system, and dynamically control a valve position of the valve to achieve a desired flow rate for the valve (¶[0203-0208]). Regarding Claim 6 Roy shows the system of Claim 1, wherein the controller is configured to measure the flow rate through the valve, determine a full speed of the variable speed pumping system, set a valve position of the valve to a desired flow rate, and instruct the variable speed pumping system to reduce a pump speed until a lowest acceptable pump speed is reached by the variable speed pumping system (¶ [0207]). Regarding Claim 7 Roy shows the system of Claim 1, wherein the controller is configured to monitor the flow rate and issue a clean or backwash filter notification if the flow rate indicates that a filter in fluid communication with the variable speed pump is dirty (Fig. 19P; ¶ [0142; 0161-0162]). Regarding Claim 8 Roy shows the system of Claim 1, wherein the controller is configured to monitor the flow rate, determine if the flow rate indicates excess flow, and directs the excess flow to a return of a pool or a spa (¶ [0204, 0206]). Regarding Claim 9 Roy shows the system of Claim 1, wherein the controller is configured to determine a required flow rate for a pool or spa device, instruct the variable speed pumping system to deliver the required flow rate, monitor a speed of the variable speed pumping system, determine whether the speed indicates a low flow condition, and issue a clean or backwash filter notification in response to the low flow condition (Fig. 19AH; ¶ [0181]). Regarding Claim 10 Roy shows the system of Claim 1, wherein the controller is configured to operate the valve actuator to restrict suction through the valve, instruct the variable speed pumping system to operate in a soft-start mode, determine whether the variable speed pumping system achieves prime, and operating the valve actuator to open the valve and instructing the variable speed pumping system to operate in a normal mode if the variable speed pumping system achieves prime (Figs. 19B, 19AU; ¶ [0145, 0193]) Regarding Claim 11 Roy shows the system of Claim 1, wherein the controller is configured to determine from monitoring of the flow rate whether the pump is experiencing cavitation, and operating the valve actuator to restrict water flow through the valve to reduce the cavitation (Fig. 19J; ¶ [0156]; Figs. 19R & 19S; ¶ [0164]). Regarding Claim 12 Roy shows the system of Claim 1, wherein the controller controls operation of the valve actuator and the variable speed pump to produce at least one burst of water by a water feature (Fig. 31A-31F; ¶ [0305-0307]) . Regarding Claim 13 Roy shows the system of Claim 1, wherein the sensor is a pressure sensor and the controller detects changes in flow rates through the valve based on pressure changes detected by the pressure sensor and without requiring a flow meter (¶ [0014; 0181; 0199]). Regarding Claim 14 Roy shows the system of Claim 13, wherein the controller controls operation of at least one of the valve or the variable speed pumping system in response to detected changes in flow rates (¶ [0199; 0207]). Regarding Claim 15 Roy shows the system of Claim 14, wherein the valve is in fluid communication with a water feature, and at least one of the valve or the variable speed pumping system controls flow to the water feature in response to the detected changes in flow rates (Figs. 31A-31F; ¶ [0305-0307])). Response to Arguments Applicant's arguments filed 8/2/26 have been fully considered but they are not persuasive. Applicant argues that Roy does not show “wherein the controller is configured to measure the flow rate through the valve and controls operation of the variable speed pump system based on the measured flow rate. However, the Office respectfully disagrees. Roy details first in (¶ [0199]) that the smart valve actuator is controlled in the same manner as one would control a variable speed pump, via software control. Roy then goes on to describe the smart valve actuator control, which is also describing the variable speed pump control as Roy details that they are controlled in a similar manner. Describing the smart valve actuator control is also describing the variable speed pump control. Roy goes on to describe in (¶ [0201]) that the smart valve actuator can be set at specific open and close settings that are for low flow, medium flow, high flow or are programmable flow, the flow rates, must be measured flow rates, in order to be set at the programmed or predetermined low, medium or high flow rates. Additionally, Roy details in (¶ [0201]) that the flow rate is used to achieve the desired outcome at the lowest flow, which is using the flow rate to control the speed of the variable speed pump to the lowest flow necessary to achieve the flow outcome AND to save energy in the pump operation. Roy goes on to detail in (¶ [0203) that the variable speed pump is used in conjunction with the smart valve actuator, and the pump is controlled to increase the pump speed to deliver the necessary flow. Roy further details in (¶ [0204]) that the smart valve actuator includes capabilities of measuring temperature AND flow rates. In (¶ [0207]) Roy details that the smart valve actuator interacts with the pump and monitors the pump minimum speed required to achieve requested flows in the water features and to provide energy savings. When taken together, Roy discloses a smart valve actuator system and a variable speed pumps system that includes flow rate sensing and then operating the pump speed to the minimum required to produce the necessary flow for the suction or water feature or the pool needs in general. Therefore Roy shows that the controller through the smart valve actuating system measures the flow (flow rate sensor) and then further controls the variable speed pump by determining the minimum speed necessary to produce the desired flow. Therefore Roy shows the claim language in full and the rejection of record has been maintained. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Stifles, Jr. et al. (US Pub. 2015/0030463) shows the general state of the art. THIS ACTION IS MADE FINAL. 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 extension fee 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. 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 extension fee 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 date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTINE J SKUBINNA whose telephone number is (571)270-5163. The examiner can normally be reached on Monday thru Thursday, 9:30 AM to 6PM EST. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, DAVID ANGWIN can be reached on 571-270-3735. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000./CHRISTINE J SKUBINNA/ /CHRISTINE J SKUBINNA/Primary Examiner, Art Unit 3754 9/2/2026
Read full office action

Prosecution Timeline

Dec 15, 2023
Application Filed
Feb 05, 2026
Non-Final Rejection mailed — §102
Aug 02, 2026
Response Filed
Sep 04, 2026
Final Rejection mailed — §102 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
62%
Grant Probability
82%
With Interview (+20.0%)
2y 3m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 995 resolved cases by this examiner. Grant probability derived from career allowance rate.

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