DETAILED ACTION
For this Office action, Claims 1-20 are pending. Claims 8-14 are withdrawn from consideration due to a prior restriction requirement.
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 .
Response to Arguments
Applicant's arguments filed 12 August 2026 have been fully considered but they are not persuasive. Applicant argues that Dajani alone does not disclose an apparatus/method for delivering a plurality of pool chemicals comprising a controller adapted to provide a signal to the housing to dispense a pool chemical of the plurality of pool chemicals if the controller determines the concentration of the substance is outside of a predefined range. Applicant further argues that Dajani does not teach dosing more than one chemical (see Pages 8 and 9 of the response) instead of the plurality of chemicals required of instant Claims 1 and 15.
Upon further consideration, the examiner respectfully disagrees. Dajani discloses a device for the delivery of the missing element after the determination of a need for chemical dosing by the controller/processor 142 (Paragraph [0097]). This dosing device may be considered the housing as recited in the instant claims. Furthermore, regarding the plurality of chemicals, Dajani discloses at least dosing for alkalinity (calcium, magnesium, etc.; Paragraph [0097]) and chlorine (Paragraph [0125]); Dajani therefore teaches a plurality of chemicals from the dosing device (see “missing element”, not just alkalinity). For these reasons, the grounds of rejection are maintained in view of the arguments.
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.
Claims 1-4, 7, 15-17, 19 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dajani et al. (herein referred to as “Dajani” US Pat Pub. 2018/0118579).
Regarding instant Claim 1, Dajani discloses an apparatus for delivering a plurality of pool chemicals (Abstract; Paragraph [0007]; Paragraph [0008]; Paragraph [0097]; Paragraph [0125]; type of chemical and amount is dosed to swimming pool), comprising:
a housing including at least one dispensing area (Paragraph [0097]; device for dosing element);
a measurement device in communication with the housing, the measurement device designed to detect a concentration of a substance in a water sample (Figure 1; Paragraph [0097]; water testing device 114 with colorimeter); and
a controller adapted to provide a signal to the housing to dispense a pool chemical of the plurality of pool chemicals if the controller determines the concentration of the substance is outside a predefined range (Figure 1; Paragraph [0097]; processor 142, which sends information to dosing device to dose detected missing element).
Regarding instant Claim 2, Claim 1, upon which Claim 2 is dependent, has been rejected above. Dajani discloses further comprising a wireless transmitter adapted to communicate with at least one remote device (Figure 1; Paragraph [0097]; dashboard 126/computing device 112/mobile application 130).
Regarding instant Claim 3, Claim 1, upon which Claim 3 is dependent, has been rejected above. Dajani further discloses wherein the measurement device is provided in the form of a colorimeter (Paragraph [0097]; see colorimeter).
Regarding instant Claim 4, Claim 1, upon which Claim 4 is dependent, has been rejected above. Dajani further discloses wherein the measurement device is located remote from the housing (Figure 1; Paragraph [0097]; testing device 114 is separate from dosing device).
Regarding instant Claim 7, Claim 1, upon which Claim 7 is dependent, has been rejected above. Dajani further discloses comprising a user interface in communication with the controller, wherein the user interface is designed to receive input information related to at least a pool parameter or a test parameter (Paragraph [0097]; see that dashboard 126 is a user interface with access to test histories).
Regarding instant Claim 15, Dajani discloses a method of providing a plurality of pool chemicals (Abstract; Paragraph [0007]; Paragraph [0008]; Paragraph [0097]; Paragraph [0125]; type of chemical and amount is dosed to swimming pool), the method comprising:
providing an apparatus comprising a housing, the housing including a plurality of pool chemicals (Paragraph [0007]; Paragraph [0008]; Paragraph [0097]; Paragraph [0125]; variety of chemicals can be added via dosing device, including chemicals correcting calcium, alkalinity, magnesium, chlorine, etc.);
obtaining a measurement of at least one parameter of pool water via a measurement device (Figure 1; Paragraph [0097]; water testing device 114 with colorimeter);
providing the measurement of the at least one parameter to a controller (Figure 1; Paragraph [0097]; processor 142 and associated signals);
dispensing at least one pool chemical if the at least one parameter is outside a predetermined range (Figure 1; Paragraph [0097]; processor 142, which sends information to dosing device to dose detected missing element).
Regarding instant Claim 16, Claim 15, upon which Claim 16 is dependent, has been rejected above. Dajani further discloses wherein the at least one parameter is associated with a chemical property of the pool water (Paragraph [0097]; at least alkalinity is tested).
Regarding instant Claim 17, Claim 15, upon which Claim 17 is dependent, has been rejected above. Dajani further discloses wherein the measurement device is provided in the form of a colorimeter (Paragraph [0097]; see colorimeter).
Regarding instant Claim 19, Claim 15, upon which Claim 19 is dependent, has been rejected above. Dajani further discloses comprising a step of providing instructions to a user related to administering the at least one pool chemical to the pool water (Figures 7a/b; Paragraph [0066]; Paragraph [0097]; textual information regarding testing results and parameter values is provided, wherein values would provide user with the information necessary to correct any undesired parameter).
Regarding instant Claim 20, Claim 15, upon which Claim 20 is dependent, has been rejected above. Dajani further discloses comprising a step of providing a summary of the at least one parameter to a user via at least one of a user display integral with the housing, a mobile device, or an application (Paragraph [0097]; dashboard 126 provides history of parameter measurements).
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.
The factual inquiries 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Dajani et al. (herein referred to as “Dajani” US Pat Pub. 2018/0118579).
Regarding instant Claim 5, Claim 1, upon which Claim 5 is dependent, has been rejected above. While Dajani does not disclose explicitly that the measurement device is positioned and located within the housing, the reference does disclose multiple embodiments of where and how things can be placed—in particular that the processor/controller can be arranged within the measurement device (Paragraph [0097]). Since this would be done to make the device integrated and compact, and given the multiple options for the embodiment of said device, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the measurement device to be positioned and located within the housing to make the overall apparatus more compact (Paragraph [0097]).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Dajani et al. (herein referred to as “Dajani” US Pat Pub. 2018/0118579) in view of Channell et al. (herein referred to as “Channell”, US 6206042).
Regarding instant Claim 6, Claim 1, upon which Claim 6 is dependent, has been rejected above. Dajani discloses a user interface coupled to the housing, the user interface in communication with the controller (Paragraph [0097]; see that dashboard 126 is a user interface with access to test histories, indicating communication with the controller).
However, Dajani is silent on the user interface being coupled to the wall of the housing.
Channell discloses a modular control apparatus for water treatment system in the same field of endeavor as the instant application, as it solves the mutual problem of providing a housing and a user interface for a water treatment system (Abstract; Figure 1; Figure 2; Col. 7, Lines 8-31). Channell further discloses a user interface placed on the wall of a housing for compactness and ease of access for the user (Figure 2; Col. 7, Lines 8-31; see knobs 40/42 [user interface] on face of housing member 24).
It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to place the user interface of Dajani on a wall of the housing as taught by Channell because Channell discloses such placement provides compactness and ease of access for the user (Channell, Figure 2; Col. 7, Lines 8-31).
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Dajani et al. (herein referred to as “Dajani” US Pat Pub. 2018/0118579) in view of Roof et al. (herein referred to as “Roof”, US Pat Pub. 2008/0217391).
Regarding instant Claim 18, Claim 15, upon which Claim 18 is dependent, has been rejected above. However, while Dajani discloses at least one pool chemical (Abstract; Paragraph [0007]; Paragraph [0008]; Paragraph [0097]; Paragraph [0125]), the reference is silent on a color-coded container.
Roof discloses optical markings in the same field of endeavor as the instant application, as it involves containers for discrete chemical additives (Abstract; Paragraph [0194]). Roof further discloses the use of color-coded containers for chemical additives in order to ease identification of the chemical additive (Paragraph [0109]).
It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the at least one pool chemical of Dajani to have the at least one pool chemical dispensed in a color-coded container, and wherein a color of the color-coded container is related to an identity of the at least one pool chemical as taught by Roof because Roof discloses such color-coded containers would ease identification of the chemical additive (Roof, Paragraph [0109]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Schwartzel et al. (herein referred to as “Schwartzel”, US Pat Pub. 2011/0024361) discloses a pool treatment system including a housing for dosing of chemicals into the pool treatment system (Figure 1; Paragraph [0048]; Paragraph [0064]).
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 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 RICHARD C GURTOWSKI whose telephone number is (571)272-3189. The examiner can normally be reached 9:00 am-5:30pm MT.
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.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Benjamin Lebron can be reached at (571) 272-0475. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RICHARD C GURTOWSKI/Primary Examiner, Art Unit 1773 10/14/2026
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