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 .
Information Disclosure Statement
The references listed in the Information Disclosure Statement filed on 09/11/2023 have been considered by the examiner (see attached PTO-1449 forms).
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 26 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 pre-AIA the applicant regards as the invention.
Claim 26 recites the limitation "PCR" in line 9. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-23, 26, 27 and 29-33 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
The claimed invention is directed to an abstract idea without significantly more.
Claim 1 recites a method for determining a temperature of a fluid of a pool, the method comprises:
measuring at least one pool cleaning robot (PCR) parameter in relation to a period of time and by one or more PCR sensors located within an interior of the PCR;
calculating at least one period of time PCR parameter;
determining at least one value of at least one PCR parameter weight based on at least one value of the at least one period of time PCR parameter ; and
determining the temperature of the fluid of the pool based on the at least one period of time PCR parameter and the at least one PCR parameter weight.
Claim 22 recites a non-transitory computer readable medium for determining a temperature of a fluid of a pool, the non-transitory computer readable medium stores instructions for:
measuring at least one pool cleaning robot (PCR) parameter in relation to a period of time and by one or more PCR sensors located within an interior of the PCR;
calculating at least one period of time PCR parameter;
determining at least one value of at least one PCR parameter weight based on at least one value of the at least one period of time PCR parameter; and
determining the temperature of the fluid of the pool based on the at least one period of time PCR parameter and the at least one PCR parameter weight…
Claim 23 recites a pool cleaning robot (PCR) having temperature measurement capabilities, the PCR comprises:
one or more PCR sensors that are located within an interior of the PCR and are configured to measure at least one pool cleaning robot (PCR) parameter in relation to a period of time; a processing circuit that is configured to:
calculate at least one period of time PCR parameter;
determine at least one value of at least one PCR parameter weight based on at least one value of the at least one period of time PCR parameter; and
determine the temperature of the fluid of the pool based on the at least one period of time PCR parameter and the at least one PCR parameter weight.
Claim 26 recites a method for determining a temperature of a fluid of a pool, the method comprises:
obtaining a temperature to time mapping; and
predicting a future temperature of the fluid of the pool based on the temperature to time mapping and also based on a current temperature of the fluid of the pool; and
wherein the method further comprising calculating the current temperature of the fluid of the pool based on one or more period of time PCR parameters.
and thus grouped as Mathematical concepts – mathematical relationships, mathematical formulas or equations, mathematical calculations.
Claim 26 recites a method for determining a temperature of a fluid of a pool, the method comprises:
obtaining a temperature to time mapping; and
predicting a future temperature of the fluid of the pool based on the temperature to time mapping and also based on a current temperature of the fluid of the pool; and
wherein the method further comprising calculating the current temperature of the fluid of the pool based on one or more period of time PCR parameters.
Claim 29 recites a pool cleaning robot (PCR) having temperature measurement capabilities, the PCR comprises:
a processing circuit that is configured to:
obtain a temperature to time mapping; and
predict a future temperature of the fluid of the pool based on the temperature to time mapping.
and thus grouped as Mental Processes – concepts performed in the human mind (including an observation, evaluation, judgement, opinion).
These judicial exceptions are not integrated into a practical application because the additional elements, the data gathering step, (claims 1 and 22) “measuring at least one pool cleaning robot (PCR) parameter in relation to a period of time and by one or more PCR sensors located within an interior of the PCR” (claim 23) “one or more PCR sensors that are located within an interior of the PCR and are configured to measure at least one pool cleaning robot (PCR) parameter in relation to a period of time” (claims 26 and 29) “obtaining a temperature to time mapping” are mere data gathering that do not add a meaningful limitation to the method as they are insignificant extra-solution activity. Furthermore, the additional elements (claims 22, 23 and 29) the “a non-transitory computer readable medium, a processing circuit” are recited as performing generic computer functions routinely used in computer applications. Generic computer components recited as performing generic computer functions amount to no more than using a computer as a tool to perform an abstract idea. All of which are considered not indicative of integration into a practical application (see “Federal Register / Vol. 84, No. 4/ Monday, January 7, 2019 / Notices” – page 55, second column).
The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional elements of the data gathering steps are mere data collect steps which fall under insignificant extra solution activity and deemed insufficient to qualify as “significantly more” - see MPEP 2106.05(g). The additional elements of the processing circuit are mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea and deemed insufficient to qualify as “significantly more” see MPEP 2106.05(f).
Dependent claims 2-21, 27 and 30-33 when analyzed as a whole are patent ineligible under 35 U.S.C. §101 because the dependent claims fail to establish that the claims are not directed to an abstract idea as they are directed mathematical concepts and/or mental processes and do not add significantly more to the abstract idea.
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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claims 1-5, 7-23, 26, 27 and 29-33 are rejected under 35 U.S.C. 103 as being unpatentable over Gallupe et al. [US 2004/0230344 A1 (as submitted in IDS 09/11/2023); hereinafter “Gallupe”] in view of Herring [US 2014/0166045 A1 A1].
Regarding claim 1 Gallupe teaches a method for determining a temperature of a fluid of a pool, the method comprises:
measuring at least one pool parameter in relation to a period of time and by one or more sensors located within the pool (receive water temperature data from the pool on a continuous basis at any time - 0038);
calculating at least one period of time parameter (current time, Tm, current time Tc - 0041) (figure 6, water temperature vs time – 0044);
determining at least one value of at least one parameter weight (additional optional factors – 0047) (correction factor – 0151) (wind factor - 0202) (shade factor – 0210) based on at least one value of the at least one period of time parameter; and
determining the temperature of the fluid of the pool based on the at least one period of time parameter and the at least one parameter weight (determine pool temperature Tc – 0155, 0257).
While Gallupe teaches the above limitations Gallupe further discloses using a thermometer located at the pool site to obtain current temperature of the pool water (0057), Gallupe does not specifically disclose a pool cleaning robot with PCR sensors located within an interior of the PCR.
However, Herring teaches a robotic swimming pool cleaner with PCR sensors located within an interior of the PCR for analyzing temperature of a pool (fig 5A – temperature sensor in the pool cleaner monitoring temperature of the pool and communicating to a heating system – 0056, 0057, 0067) (sensor module can be coupled to the pool cleaning robot – 0055).
It would have been obvious to one of ordinary skilled in the art before the effective filing date of the claimed invention to modify the teachings of the Gallupe to further include the pool cleaning robot with the temperature measuring capabilities as taught by Herring for the benefits of monitoring the temperature of pool water more effectively be being able to travel along the floor and sidewall of the pool and transmit the information wirelessly; thereby obtaining a more accurately reading of the temperature in the pool due to taking measurements in various locations of the pool (Herring – 0057).
Regarding claim 2, Gallupe in combination with Herring teaches the at least one PCR parameter is at least one of a temperature within the interior of the PCR, a pressure level within the interior of the PCR, or a current consumption of one or more motors of the PCR (fig 5A – temperature sensor in the pool cleaner monitoring temperature of the pool and communicating to a heating system – Herring - 0056, 0057, 0067).
Regarding claim 3, Gallupe in combination with Herring teaches the at least one period of time PCR parameter is selected out of (a) a difference over the period of time of a temperature within the interior of the PCR, (b) difference over the period of time of a pressure level within the interior of the PCR, or (b) an average current consumption over the period of time of a current consumption of one or more motors of the PCR (fig 5A – temperature sensor in the pool cleaner monitoring temperature of the pool and communicating to a heating system – Herring - 0056, 0057, 0067).
Regarding claim 4, Gallupe in combination with Herring teaches the at least one PCR parameter is a single PCR parameter (fig 5A – sensor module can include various sensors for detecting parameters – Herring - 0056, 0057, 0067).
Regarding claim 5, Gallupe in combination with Herring teaches the at least one PCR parameter is multiple PCR parameters (fig 5A – sensor module can include various sensors for detecting parameters – Herring - 0056, 0057, 0067)
Regarding claim 7, Gallupe in combination with Herring teaches the determining of a value of a PCR parameter weight is based on a mapping between values of a PCR parameter difference and values of the PCR parameter weight (figure 6, water temperature vs time – Gallupe - 0044).
Regarding claim 8, Gallupe in combination with Herring teaches selecting the at least one PCR parameter based on whether the PCR is working or is idle for at least a predefined period before the selecting (manually or automatically detect, analyze or adjust pool chemistry – Herring - 0056).
Regarding claim 9, Gallupe in combination with Herring teaches selecting the at least one PCR parameter to comprise a current consumption of one or more motors of the PCR when the PCR is working when performing the selecting (manually or automatically detect, analyze or adjust pool chemistry – Herring - 0056).
Regarding claim 10, Gallupe in combination with Herring teaches the at least one PCR parameter comprises at least two out of the current consumption of one or more motors, the temperature within the interior of the PCR, or the pressure level within the interior of the PCR (temperature – Herring - 0056).
Regarding claim 11, Gallupe in combination with Herring teaches a value of the at least PCR parameter is an average value over a period between the different points in time (average temperature – 0098-0100) (averaged data - 0231, 0232).
Regarding claim 12, Gallupe teaches predicting a future temperature of the fluid of the pool (determine pool temperature Tc – 0155, 0257).
Regarding claim 13, Gallupe teaches determining of the temperature of the fluid of the pool comprises determining a current temperature of the fluid of the pool (current time, Tm, current time Tc - 0041) (figure 6, water temperature vs time – 0044).
Regarding claim 14, Gallupe teaches predicting of the future temperature of the fluid of the pool is based on the current temperature of the fluid of the pool (determine pool temperature Tc – 0155, 0257) (current time, Tm, current time Tc - 0041) (figure 6, water temperature vs time – 0044).
Regarding claim 15, Gallupe teaches the predicting of the future temperature of the fluid of the pool is also based on a temperature to time mapping (figure 6, water temperature vs time – 0044).
Regarding claim 16, Gallupe teaches temperature to time mapping maps temperature values to time of day (figure 6, water temperature vs time – 0044).
Regarding claim 17, Gallupe teaches the predicting of the future temperature of the fluid of the pool is based on a current temperature of a fluid of another pool (determine pool temperature Tc – 0155, 0257).
Regarding claim 18, Gallupe teaches the predicting of the future temperature of the fluid of the pool is based on a current temperature of a fluid of another pool having similar properties to the pool (determine pool temperature Tc – 0155, 0257).
Regarding claim 19, Gallupe teaches repeating the measuring at least one every three days (the fixed parameters 16 include the hours of operation for the pool, the days that it operates and the desired water temperature for use – 0047).
Regarding claim 20, Gallupe in combination with Herring teaches the measuring is executed within an inner space the PCR that is isolated from at least a part of a housing of the pool (fig 5A – temperature sensor in the pool cleaner monitoring temperature of the pool and communicating to a heating system – Herring - 0056, 0057, 0067).
Regarding claim 21, Gallupe in combination with Herring teaches the measuring is executed within an inner space the PCR that is isolated by at least two spaced apart interior walls from an exterior of the PCR (fig 5A – temperature sensor in the pool cleaner monitoring temperature of the pool and communicating to a heating system – Herring - 0056, 0057, 0067).
Regarding claim 22, Gallupe teaches a non-transitory computer readable medium for determining a temperature of a fluid of a pool, the non-transitory computer readable medium stores instructions for (can be implemented with software – 0037):
measuring at least one pool parameter in relation to a period of time and by one or more sensors located within the pool (receive water temperature data from the pool on a continuous basis at any time - 0038);
calculating at least one period of time parameter (current time, Tm, current time Tc - 0041) (figure 6, water temperature vs time – 0044);
determining at least one value of at least one parameter weight (additional optional factors – 0047) (correction factor – 0151) (wind factor - 0202) (shade factor – 0210) based on at least one value of the at least one period of time parameter; and
determining the temperature of the fluid of the pool based on the at least one period of time parameter and the at least one parameter weight (determine pool temperature Tc – 0155, 0257).
While Gallupe teaches the above limitations Gallupe further discloses using a thermometer located at the pool site to obtain current temperature of the pool water (0057), Gallupe does not specifically disclose a pool cleaning robot with PCR sensors located within an interior of the PCR.
However, Herring teaches a robotic swimming pool cleaner with PCR sensors located within an interior of the PCR for analyzing temperature of a pool (fig 5A – temperature sensor in the pool cleaner monitoring temperature of the pool and communicating to a heating system – 0056, 0057, 0067) (sensor module can be coupled to the pool cleaning robot – 0055).
It would have been obvious to one of ordinary skilled in the art before the effective filing date of the claimed invention to modify the teachings of the Gallupe to further include the pool cleaning robot with the temperature measuring capabilities as taught by Herring for the benefits of monitoring the temperature of pool water more effectively be being able to travel along the floor and sidewall of the pool and transmit the information wirelessly; thereby obtaining a more accurately reading of the temperature in the pool due to taking measurements in various locations of the pool (Herring – 0057).
Regarding claim 23, Gallupe teaches a control system having temperature measurement capabilities, comprises:
measure at least one pool parameter in relation to a period of time and by one or more sensors located within the pool (receive water temperature data from the pool on a continuous basis at any time - 0038);
a processing circuit that is configured to (central processing unit - 0037):
calculate at least one period of time parameter (current time, Tm, current time Tc - 0041) (figure 6, water temperature vs time – 0044);
determine at least one value of at least one parameter weight (additional optional factors – 0047) (correction factor – 0151) (wind factor - 0202) (shade factor – 0210) based on at least one value of the at least one period of time parameter; and
determine the temperature of the fluid of the pool based on the at least one period of time parameter and the at least one parameter weight (determine pool temperature Tc – 0155, 0257).
While Gallupe teaches the above limitations Gallupe further discloses using a thermometer located at the pool site to obtain current temperature of the pool water (0057), Gallupe does not specifically disclose a pool cleaning robot with PCR sensors located within an interior of the PCR.
However, Herring teaches a robotic swimming pool cleaner with PCR sensors located within an interior of the PCR for analyzing temperature of a pool (fig 5A – temperature sensor in the pool cleaner monitoring temperature of the pool and communicating to a heating system – 0056, 0057, 0067) (sensor module can be coupled to the pool cleaning robot – 0055).
It would have been obvious to one of ordinary skilled in the art before the effective filing date of the claimed invention to modify the teachings of the Gallupe to further include the pool cleaning robot with the temperature measuring capabilities as taught by Herring for the benefits of monitoring the temperature of pool water more effectively be being able to travel along the floor and sidewall of the pool and transmit the information wirelessly; thereby obtaining a more accurately reading of the temperature in the pool due to taking measurements in various locations of the pool (Herring – 0057).
Regarding claim 26, Gallupe teaches a method for determining a temperature of a fluid of a pool, the method comprises: obtaining a temperature to time mapping (figure 6, water temperature vs time – 0044); and predicting a future temperature of the fluid of the pool based on the temperature to time mapping and also based on a current temperature of the fluid of the pool (determine pool temperature Tc – 0155, 0257); and wherein the method further comprising calculating the current temperature of the fluid of the pool based on one or more period of time parameters (current time, Tm, current time Tc - 0041) (figure 6, water temperature vs time – 0044).
While Gallupe teaches the above limitations Gallupe further discloses using a thermometer located at the pool site to obtain current temperature of the pool water (0057), Gallupe does not specifically disclose a pool cleaning robot with PCR sensors located within an interior of the PCR.
However, Herring teaches a robotic swimming pool cleaner with PCR sensors located within an interior of the PCR for analyzing temperature of a pool (fig 5A – temperature sensor in the pool cleaner monitoring temperature of the pool and communicating to a heating system – 0056, 0057, 0067) (sensor module can be coupled to the pool cleaning robot – 0055).
It would have been obvious to one of ordinary skilled in the art before the effective filing date of the claimed invention to modify the teachings of the Gallupe to further include the pool cleaning robot with the temperature measuring capabilities as taught by Herring for the benefits of monitoring the temperature of pool water more effectively be being able to travel along the floor and sidewall of the pool and transmit the information wirelessly; thereby obtaining a more accurately reading of the temperature in the pool due to taking measurements in various locations of the pool (Herring – 0057).
Regarding claim 27, Gallupe teaches the calculating of the current temperature comprises measuring at least one pool parameter in relation to a period of time (receive water temperature data from the pool on a continuous basis at any time - 0038).
While Gallupe teaches the above limitations Gallupe further discloses using a thermometer located at the pool site to obtain current temperature of the pool water (0057), Gallupe does not specifically disclose a pool cleaning robot with PCR sensors located within an interior of the PCR.
However, Herring teaches a robotic swimming pool cleaner with PCR sensors located within an interior of the PCR for analyzing temperature of a pool (fig 5A – temperature sensor in the pool cleaner monitoring temperature of the pool and communicating to a heating system – 0056, 0057, 0067) (sensor module can be coupled to the pool cleaning robot – 0055).
It would have been obvious to one of ordinary skilled in the art before the effective filing date of the claimed invention to modify the teachings of the Gallupe to further include the pool cleaning robot with the temperature measuring capabilities as taught by Herring for the benefits of monitoring the temperature of pool water more effectively be being able to travel along the floor and sidewall of the pool and transmit the information wirelessly; thereby obtaining a more accurately reading of the temperature in the pool due to taking measurements in various locations of the pool (Herring – 0057).
Regarding claim 29, Gallupe teaches a control system having temperature measurement capabilities, comprises:
a processing circuit that is configured to (central processing unit - 0037):
obtain a temperature to time mapping (figure 6, water temperature vs time – 0044); and
predict a future temperature of the fluid of the pool based on the temperature to time mapping (determine pool temperature Tc – 0155, 0257).
While Gallupe teaches the above limitations Gallupe further discloses using a thermometer located at the pool site to obtain current temperature of the pool water (0057), Gallupe does not specifically disclose a pool cleaning robot with PCR sensors located within an interior of the PCR.
However, Herring teaches a robotic swimming pool cleaner with PCR sensors located within an interior of the PCR for analyzing temperature of a pool (fig 5A – temperature sensor in the pool cleaner monitoring temperature of the pool and communicating to a heating system – 0056, 0057, 0067) (sensor module can be coupled to the pool cleaning robot – 0055).
It would have been obvious to one of ordinary skilled in the art before the effective filing date of the claimed invention to modify the teachings of the Gallupe to further include the pool cleaning robot with the temperature measuring capabilities as taught by Herring for the benefits of monitoring the temperature of pool water more effectively be being able to travel along the floor and sidewall of the pool and transmit the information wirelessly; thereby obtaining a more accurately reading of the temperature in the pool due to taking measurements in various locations of the pool (Herring – 0057).
Regarding claim 30, Gallupe further teaches the prediction is also based on a current temperature of the fluid of the pool (determine pool temperature Tc – 0155, 0257) (current time, Tm, current time Tc - 0041) (figure 6, water temperature vs time – 0044).
Regarding claim 31, Gallupe in combination with Herring teaches one or more PCR sensors that are located within an interior of the PCR and are configured to measure at least one pool cleaning robot (PCR) parameter in relation to a period of time (fig 5A – temperature sensor in the pool cleaner monitoring temperature of the pool and communicating to a heating system – Herring - 0056, 0057, 0067).
Regarding claim 32, Gallupe in combination with Herring teaches the processing circuit is configured to determine the current temperature of the fluid of the pool based on the at least one PCR parameter (fig 5A – sensor module can include various sensors for detecting parameters – Herring - 0056, 0057, 0067).
Regarding claim 33, Gallupe in combination with Herring teaches the processing circuit is configured to calculate the current temperature of the fluid of the pool based on one or more period of time PCR parameters (fig 5A – sensor module can include various sensors for detecting parameters – Herring - 0056, 0057, 0067).
Allowable Subject Matter
Claim 6 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 101, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is an examiner’s statement of reasons for allowance:
Claim 6 is objected to because the cited prior art fails to anticipate or render obvious determining of the temperatures comprises calculating a weighted sum of values of the multiple PCR parameters, wherein the calculating of the weighted sum comprises adding products of multiplications between PCR parameters and corresponding PCR parameter weights, in combination with all other limitations in the claim(s) as defined by applicant.
Relevant Prior Art / Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kehati et al. (US Patent Number 10,927,559 B2) discloses a pool cleaning robot having a filtering unit and a sensor;
Tryber et al. (US Patent Application Publication 2016/0060887 A1) discloses a pool cleaning robot and a method for cleaning a pool.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RICKY GO whose telephone number is (571)270-3340. The examiner can normally be reached on Monday through Friday from 9:00 a.m. to 5:30 p.m.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Arleen M. Vazquez can be reached on (571) 272-2619. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RICKY GO/Primary Examiner, Art Unit 2857