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 .
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.
35 U.S.C. 101 requires that a claimed invention must fall within one of the four eligible categories of invention (i.e. process, machine, manufacture, or composition of matter) and must not be directed to subject matter encompassing a judicially recognized exception as interpreted by the courts. MPEP 2106. Three categories of subject matter are found to be judicially recognized exceptions to 35 U.S.C. § 101 (i.e. patent ineligible) (1) laws of nature, (2) physical phenomena, and (3) abstract ideas. MPEP 2106(II). To be patent-eligible, a claim directed to a judicial exception must as whole be integrated into a practical application or directed to significantly more than the exception itself (MPEP 2106). Hence, the claim must describe a process or product that applies the exception in a meaningful way, such that it is more than a drafting effort designed to monopolize the exception.
Claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Claim 1 recites a method of processing pool care information, comprising: receiving an input indicating a condition associated with water of a swimming pool, the condition having an impact on balancing a water chemistry of the water; computing, based on the input, a current water chemistry of the water of the swimming pool; determining a target water chemistry for the water of the swimming pool, the target water chemistry being different from the current water chemistry; and outputting, by a processing device, a pool care recommendation for the balancing the water chemistry of the water from the current water chemistry to the target water chemistry, the pool care recommendation being based on how the condition impacts the balancing the water chemistry. Claim 11 recites an apparatus for processing pool care information. The apparatus is comprised of a memory and at least one processor coupled to the memory and configured to perform the steps recited in the method of claim 1. Claim 20 recites a computer readable medium storing computer executable code, the code when executed by at least one processor causes the processor to perform the steps recited in the method of claim 1.
The Examiner submits the claims (method, apparatus, and computer readable medium) are directed to an abstract idea that is a mental process performed by a computer. This judicial exception is not integrated into a practical application because claims do not apply the judicial exception in any meaningful way beyond generically linking the use of the judicial exception to a particular technological environment (See MPEP 2106.04(d)).
Regarding claims 1, 11, and 20 – The Examiner submits the steps highlighted in Paragraph 5 above amount to a mental process. With respect to the method, the Examiner submits the computing and outputting steps explicitly recite use of a computer or processor with respect to the mental process. With respect to the apparatus and computer readable medium, the Examiner submits the claims recite the memory, processor and medium for performing the mental process. The step of “receiving the input indicating a condition” can be defined as data gathering. Such data gathering steps amount to insignificant pre-solution activity which does not integrate the abstract idea into a practical application. See MPEP 2106.05(g). The steps of computing, determining and outputting with the processor amount to merely using a computer as a tool to perform the claimed mental process. Implementing an abstract idea on a computer does not integrate a judicial exception into a practical application. See MPEP 2106.05(f). Moreover, the additional elements of the claims do not recite an improvement in the functioning of a computer or other technology or technical field, the claimed steps are not performed using a particular machine, the claimed steps do not effect a transformation, and the claims do not apply the judicial exception in any meaningful way beyond generically linking the use of the judicial exception to a particular technological environment. See MPEP 2106.04(d).
Regarding claims 2, 10, 12 and 19 – Claims 2, 10, 12 and 19 additionally recite “wherein the condition…” which is a limitation directed to the receiving step. Therefore, the conditions are directed to data gathering. Such data gathering steps amount to insignificant pre-solution activity which does not integrate the abstract idea into a practical application. See MPEP 2106.05(g).
Regarding claims 3, 4 and 13 – Claims 3, 4, and 13 additionally recite “wherein the pool care recommendation” which is a result of the receiving, computing and determining steps. As previously noted, the receiving step can be defined as data gathering. Such data gathering steps amount to insignificant pre-solution activity which does not integrate the abstract idea into a practical application. See MPEP 2106.05(g). The steps of computing, determining and outputting with the processor amount to merely using a computer as a tool to perform the claimed mental process. Implementing an abstract idea on a computer does not integrate a judicial exception into a practical application. See MPEP 2106.05(f).
Regarding claims 5 and 14 – Claims 5 and 14 additionally recite “storing, in a database, a value of the current water chemistry computed based on the input, the value of the current water chemistry being added to historical water chemistry data in the database. The Examiner submits the storing step amounts to data gathering. Such data gathering steps amount to insignificant pre-solution activity which does not integrate the abstract idea into a practical application. See MPEP 2106.05(g). The step of computing a value of the current water chemistry with the processor amount to merely using a computer as a tool to perform the claimed mental process. Implementing an abstract idea on a computer does not integrate a judicial exception into a practical application. See MPEP 2106.05(f).
Regarding claims 6 and 15 – Claims 6 and 15 recite “wherein the determining the target water chemistry for the water of the swimming pool is based on at least one of: an indicated water chemistry preference or historical pool care behavior”. The Examiner submits the determining step done with the processor amount to merely using a computer as a tool to perform the claimed mental process. Implementing an abstract idea on a computer does not integrate a judicial exception into a practical application. See MPEP 2106.05(f).
Regarding claims 7, 9, 16 and 18 – Claims 7, 9, 16 and 18 recite “generating a notification based on the pool care recommendation” (claim 7 and 16) and “outputting the pool care recommendation” (claims 9 and 18). The Examiner submits the generating and outputting steps done with the processor amount to merely using a computer as a tool to perform the claimed mental process. Implementing an abstract idea on a computer does not integrate a judicial exception into a practical application. See MPEP 2106.05(f).
Regarding claims 8 and 17 – Claims 8 and 17 recite “receiving, from a third-party computing device, a service notification indicating”. The Examiner submits the receiving step done with the computing device amounts to merely using a computer as a tool to perform the claimed mental process. Implementing an abstract idea on a computer does not integrate a judicial exception into a practical application. See MPEP 2106.05(f).
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.
Claims 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yizhack et al. (US 2020/0148552. Yizhack teaches a system for monitoring and maintaining water and equipment in swimming pools. The system is shown in general in Figures 1-3 and 8-12; and described in Paragraphs 0004-0072 and 0087-0372.
Regarding claims 1, 11, and 20 – Yizhack recites a method of processing pool care information in general in Figures 9-12 and Paragraphs 0004-0072, the method includes the following steps: receiving an input indicating a condition associated with water of a swimming pool (see Paragraphs 005-0017 and 0028-0032), the condition having an impact on balancing a water chemistry of the water; computing, based on the input, a current water chemistry of the water of the swimming pool (see Paragraphs 0238-0264 and 0315-0336); determining a target water chemistry for the water of the swimming pool, the target water chemistry being different from the current water chemistry; and outputting, by a processing device, a pool care recommendation for the balancing the water chemistry of the water from the current water chemistry to the target water chemistry, the pool care recommendation being based on how the condition impacts the balancing the water chemistry (Paragraphs 0354-0367).
With respect to the apparatus and readable medium claims, Yizhack teaches “[0052] a local processing unit monitoring and accumulating data from: [0053] elements including at least one of sensors, actuators, and breakers in and around the vicinity of the swimming pools, [0054] non-sensory data from a plurality of sources, and [0055] an online server, said online server receiving said data from said local processing unit, applying machine learning algorithms to incorporate said acquired data and obtain an optimal policy for pool maintenance, and providing an online interface for at least one of pool owners, pool servicemen, pool maintenance companies, pool vendors and pool retail dealers.” Yizhack also teaches a cloud server in Paragraphs 0139-0151, 0182, 0209-0210, 0224-0230, 0257-0263, and 0283-0370.
Regarding claims 2 and 12 – Yizhack teaches inputting the conditions of historical pool care data to impact water chemistry determination in Paragraphs 0146-0148, 0220-0230. Yizhack teaches inputting and using weather information conditions to impact water chemistry determination in Paragraphs 0041-0048, 0198-0209, and 0304-0310.
Regarding claims 3, 4, 6, 13 and 15 – Yizhack discloses a chemical dosing recommendation to balance the water chemistry based on received input and other data such as chemical and historical preference in Paragraphs 0064-0069 and 0351-0371 and Figure 11. Yizhack further discloses an amount of time to wait before swimming in Figure 13 and Paragraphs 0071, 0356-0365.
Regarding claims 5 and 14 – Yizhack teaches forming and using a database of pool statistics in a cloud server (1200) in Paragraphs 0038, 0061, 0220, 0328, and 0337-0339; Figure 9; and also in claims 2 and 11.
Regarding claims 7 and 16 – Yizhack recites generating a notification based on the pool care recommendation in Paragraphs 0058-0062, 0132-0137, 0209-0215, 0224-0230; 0351-0359; Figures 3A and 13; and also claims 2 and 11.
Regarding claims 8 and 17 – Yizhack teaches receiving notifications and recommendations from third party computer services such as pool vendors, pool servicemen and pool maintenance companies in Paragraphs 0028-0047, 0056-0062, and 0139-0145; and also Figures 3A-3B
Regarding claims 9 and 18 – Yizhack discloses predictive modeling of the water chemistry and providing a pool care recommendation in 0046-0049, 0146-0151, and 0351-0359; and also Figure 11.
Regarding claims 10 and 19 – Yizhack discloses pool care recommendations based on conditions such as weather, environment and location in Paragraphs 0012-0013, 0044-0049, 0068-0071, 0110-0114, and 0199-0208; and also claims 4, 7 and 13.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DWAYNE K HANDY whose telephone number is (571)272-1259. The examiner can normally be reached M-F 10AM-7PM.
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/DWAYNE K HANDY/Examiner, Art Unit 1798 July 23, 2026
/CHARLES CAPOZZI/Supervisory Patent Examiner, Art Unit 1798
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