DETAILED ACTION
Status of the Application
1. Applicant’s Response filed March 11, 2026 is received and entered.
2. Claims 1 – 12 are pending and are under examination in this action.
3. 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 / Amendment
4. On pages 2 – 3 of the Response, Applicant argues that “[T]he property of having the ability to print (decorate) the entire face of the first housing piece is not disclosed in the applied references.” Applicant states “[T]he fact that the present specification discloses that a favorable property results from the claimed combination of features is not a valid basis for the USPTO to assert that the favorable property is disclosed in the prior art”.
The Office finds Applicant’s arguments unpersuasive for at least the following reasons. The only support for the “favorable property” of being able to print (decorate) the entire face of the first housing is found in paragraph [0023] of Applicant’s specification as originally filed which states: “[B]y in-mold decorating the first housing piece, it is possible to facilitate ultrasonically welding the first housing piece to the second housing piece while having the ability to print (decorate) the entire face of the device.”
Based on this description, this “property” of decorating “the entire face of the device” is an inherent feature or a latent property when combining ultrasonic welding and in-mold decorating.
Additionally, please see MPEP § 2145(II) which explicitly states that “Prima Facie Obviousness Is Not Rebutted by Merely Recognizing Additional Advantages or Latent Properties Present But Not Recognized in the Prior Art”. The “property” of being able to label an entire face of the first housing piece is, at best, an “advantage which would flow naturally from following the suggestion of the prior art”.
Applicant has provided no argument or evidence that the combination of Gmyr, Alsberg, and Kweon would be unsuitable for printing (decorating) the entire face of the first housing piece. Absent such evidence, Applicant’s argument cannot be considered persuasive because it fails to address the grounds of rejection set forth in the Non-Final Rejection mailed September 11, 2025.
For at least the reasons set forth above, Applicant’s argument is unpersuasive and the previous application of the combination of Gmyr, Alsberg, as evidenced by Kweon, is maintained.
Claim Rejections - 35 USC § 103
5. 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.
6. Claims 1 – 12 are rejected under 35 U.S.C. 103 as being unpatentable over Gmyr et al. (U.S. Pub. 2016/0306482) in view of Alsberg et al. (U.S. Pub. 2016/0254836) as evidenced Kweon (U.S. Pub. 2020/0274534).
Regarding claim 1, Gmyr teaches: a controller (FIG. 1; paragraph [0039]; control panel 10), comprising:
a first housing piece (FIG. 6; paragraph [0042]; front plate 12);
a second housing piece (FIG. 6; paragraph [0044]; back plate 22);
a capacitive touch sensor (FIG. 6; paragraph [0047]; metallized discs / capacitive touch sensors 44);
a circuit board (FIG. 6; paragraph [0047]; printed circuit board 30); and
a label (FIG. 1; paragraph [0039]; graphics [label] are applied to a rear surface of front panel 12 which include icons 18 and instructions, as illustrated),
the first housing piece attached to the second housing piece to form a housing with at least a first internal space (FIG. 6; paragraph [0044]; a housing formed by the front panel 12 and back plate 22 being attached to each other via adhesive member 32 includes an internal space therein in which printed circuit board 30, alphanumeric display modules 37, and metallized discs / capacitive touch sensors 44 are formed),
the capacitive touch sensor in the first internal space (FIG. 6; paragraph [0048]; capacitive touch sensors 44 are arranged in the internal space set forth above),
the label decorated on the first housing piece (FIG. 1; paragraph [0039]; graphics [label] are applied to a rear surface of front panel 12).
Gmyr fails to explicitly disclose: the attachment of the first housing piece and the second housing piece is via ultrasonic welding.
However, Gmyr discloses that the control panel 10 is hermetically sealed and is thus waterproof and that adhesive member 32 bonds front panel 12 and back plate 22 together (FIG. 6; paragraph [0039], [0044]).
In a related field of endeavor, Alsberg discloses ultrasonic welding is a known alternative to an adhesive for waterproofing a touch device (paragraphs [0004], [0065]).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of Applicant’s invention to combine the known teachings of Gmyr and Alsberg to yield predictable results. Specifically, the teachings of a hermitically sealed control panel that includes an adhesive that bonds a front housing to a back housing, as taught by Gmyr, are known. Additionally, the teachings of a waterproof touch device that uses either an adhesive or ultrasonic welding to bond elements thereof, as taught by Alsberg are known as well. The combination of the known teachings of Gmyr and Alsberg would yield the predictable result of a hermitically sealed control panel that includes a front housing and a back housing that are bonded together via ultrasonic welding. In other words, it would have been obvious to simply substitute one known form of hermetically sealing the device of Gmyr using an adhesive with another known form of hermitically sealing such a device using ultrasonic welding, as disclosed by Alsberg. Such a modification merely requires using the substitution explicitly disclosed in Alsberg of ultrasonic welding in place of an adhesive. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of Applicant’s invention to combine the known teachings of Gmyr and Alsberg to yield the aforementioned predictable results.
Neither Gmyr nor Alsberg explicitly disclose: the label in-mold decorated on the first housing piece, the label covering an entire face of the first housing piece.
However, Gmyr discloses that front panel 12 may be made of a rigid dielectric material such as acrylic or another clear / translucent plastic resin (paragraph [0013]) and that the graphics [label] are applied on a rear surface of front panel 12 (paragraph [0039]).
Additionally, it was well-known and conventional before the effective filing date of Applicant’s claimed invention for resin products to include labels or decorations applied during an in-mold label process. For evidence of this well-known and conventional teachings, please see paragraphs [0053] and [0054] of Kweon.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of Applicant’s invention to modify the combination of the known teachings of Gmyr and Alsberg to yield predictable results. Specifically, it would have been obvious to form the graphics [label] of Gmyr using the well-known and conventional in-mold label process. Such a modification would only require utilizing a well-known and conventional in-mold label process, as evidenced by Kweon, as the method of applying the graphics of Gmyr on the front plate 12 thereof. Accordingly, this modification would result in a hermitically sealed control panel that includes a front housing and a back housing that are bonded together via ultrasonic welding, where the front housing is labeled with an in-mold decoration. In and of itself, as described in Applicant’s specification, this particular combination would allow for the entirety of the front housing to be labeled. Such a predictable result would flow naturally from the teachings of the prior art set forth above which, when combined, would include this latent property of being able to have an entire surface thereof printed / decorated. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of Applicant’s invention to combine the known teachings of Gmyr and Alsberg to yield the aforementioned predictable results.
Regarding claim 5, Gmyr teaches: a controller (FIG. 1; paragraph [0039]; control panel 10), comprising:
a panel comprising dielectric material having a first housing piece (FIG. 1; paragraphs [0013], [0042]; control panel 10 includes a front plate 12 [first housing piece] made of a rigid electric material) and a second housing piece (FIG. 1; paragraph [0044]; control panel 10 also includes a back plate 22 [second housing piece]. As presently recited, there is no explicit requirement that the second housing piece also be formed from a substantially rigid dielectric material due to the particular phrasing and punctuation utilized by the Applicant);
a principal circuit board having a front side and a reverse side (FIGS. 6, 8; paragraphs [0044], [0045]; printed circuit board 30 includes a flat front side that faces front plate 12 and a component side which faces back plate 22), the reverse side being a component side on which circuit elements are mounted (FIG. 8; paragraph [0045]; the component side of the printed circuit board 30 includes microprocessor 40 and connectors 42 [circuit elements] mounted thereto), and the front side being flat and without components thereon (FIG. 6; paragraph [0044]; the front side of printed circuit board 30 is disclosed as being flat and does not include any of the above circuit elements [components] disposed thereon. Due to how Applicant is using the term “component” in this claim, all that is required to teach this negative recitation is elements from the component side not being included on the flat front side of printed circuit board 30), the principal circuit board including at least one display module mounted on the reverse side of the principal circuit board (FIG. 8; paragraph [0047]; alphanumeric display modules 37 are mounted on the component side of printed circuit board 30 corresponding to openings 36), and the at least one display module having a visible display on a front face thereof (FIG. 8; paragraph [0044]; alphanumeric display modules 37 are visible through the front plate 12 of the control panel 10 via windows 36 of printed circuit board 30);
a capacitive touch sensing interface (FIG. 6; paragraph [0047]; metallized discs / capacitive touch sensors 44);
a microprocessor mounted on the reverse side of said principal circuit board and having a plurality of input electrodes and output electrodes (FIGS. 8, 11; paragraphs [0045], [0047]; microprocessor 40 is mounted on the component side of PCB 30. Microprocessor 40 includes inputs and outputs that connect to conductive traces [electrodes]);
an array of conductors on said principal circuit board, the conductors electrically connecting at least some of the input electrodes and output electrodes of the microprocessor to said at least one display module, and to said capacitive touch sensing interface (FIG. 11; paragraph [0041], [0045]; PCB 30 includes conductive traces that electrically connect microprocessor 40 to metallized discs / capacitive touch sensors 44. Similarly, as illustrated, there is an array of conductive elements connected between microprocessor 40 and windows 36 where the alphanumeric display modules 37 are disposed. It is implicit in this disclosure that the microprocessor 40 would be connected to the alphanumeric display modules 37 via these displayed conductive elements to display content and change such content in response to touch input as explicitly disclosed);
a multi-conductor cable connected with said array of conductors and extending from said principal circuit board and adapted to connect to a control component associated with said interface (FIGS. 1, 11; paragraphs [0040], [0041], [0045]; multi-conductor cable 20 is connected to the array of conductive elements as illustrated. Multi-conductor cable 20 is also connected to a control board [control component]. It is implicit that the multi-conductor cable 20 communicates between the elements of control panel 10 and the control board such that touch input may change settings on a pool or spa such as temperature, as disclosed. Accordingly, cable 20 connects the control board to the capacitive touch sensors 44 [touch interface] based on the described functions); and
a label (FIG. 1; paragraph [0039]; graphics [label] are applied to a rear surface of front panel 12 which include icons 18 and instructions, as illustrated),
the first housing piece attached to the second housing piece to form a housing with at least a first internal space (FIG. 6; paragraph [0044]; a housing formed by the front panel 12 and back plate 22 being attached to each other via adhesive member 32 includes an internal space therein in which printed circuit board 30, alphanumeric display modules 37, and metallized discs / capacitive touch sensors 44 are formed),
a capacitive touch sensor in the first internal space (FIG. 6; paragraph [0048]; capacitive touch sensors 44 are arranged in the internal space set forth above),
the label decorated on the first housing piece (FIG. 1; paragraph [0039]; graphics [label] are applied to a rear surface of front panel 12).
Gmyr fails to explicitly disclose: the attachment of the first housing piece and the second housing piece is via ultrasonic welding.
However, Gmyr discloses that the control panel 10 is hermetically sealed and is thus waterproof and that adhesive member 32 bonds front panel 12 and back plate 22 together (FIG. 6; paragraph [0039], [0044]).
In a related field of endeavor, Alsberg discloses ultrasonic welding is a known alternative to an adhesive for waterproofing a touch device (paragraphs [0004], [0065]).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of Applicant’s invention to combine the known teachings of Gmyr and Alsberg to yield predictable results for at least the reasons set forth above with regard to claim 1.
Neither Gmyr nor Alsberg explicitly disclose: the label in-mold decorated on the first housing piece, the label covering an entire face of the first housing piece.
However, Gmyr discloses that front panel 12 may be made of a rigid dielectric material such as acrylic or another clear / translucent plastic resin (paragraph [0013]) and that the graphics [label] are applied on a rear surface of front panel 12 (paragraph [0039]).
Additionally, it was well-known and conventional before the effective filing date of Applicant’s claimed invention for resin products to include labels or decorations applied during an in-mold label process. For evidence of this well-known and conventional teachings, please see paragraphs [0053] and [0054] of Kweon.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of Applicant’s invention to modify the combination of the known teachings of Gmyr and Alsberg to yield predictable results, as evidenced by Kweon, for at least the same reasons set forth above with regard to claim 1.
Regarding claim 8, Gmyr teaches: a method of making a controller, comprising (FIG. 1; paragraph [0039]; control panel 10):
decorating a label on a first housing piece (FIG. 1; paragraph [0039]; graphics [label] are applied to a rear surface of front panel 12 [first housing piece]);
bonding the first housing piece to a second housing piece (FIG. 6; paragraphs [0042], [0044]; front panel 12 and back plate 22 [second housing piece] are bonded together using an adhesive 32), thereby forming a housing with at least one internal space (FIG. 6; paragraph [0044]; a housing formed by the front panel 12 and back plate 22 includes an internal space therein in which printed circuit board 30, alphanumeric display modules 37, and metallized discs / capacitive touch sensors 44 are formed),
a capacitive touch sensor in the at least one internal space and configured to be activated by touching the first housing piece (FIG. 6; paragraph [0045]; as set forth above, capacitive touch sensors 44 are located in the internal space. Additionally, the capacitive touch sensors 44 are activated by a user’s finger touching a position of front plate 12 that overlaps a particular sensor 44).
Gmyr fails to explicitly disclose: the bonding is ultrasonically welding.
However, Gmyr discloses that the control panel 10 is hermetically sealed and is thus waterproof and that adhesive member 32 bonds front panel 12 and back plate 22 together (FIG. 6; paragraph [0039], [0044]).
In a related field of endeavor, Alsberg discloses ultrasonic welding is a known alternative to an adhesive for waterproofing a touch device (paragraphs [0004], [0065]).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of Applicant’s invention to combine the known teachings of Gmyr and Alsberg to yield predictable results for at least the reasons set forth above with regard to claim 1.
Neither Gmyr nor Alsberg explicitly disclose: the decorating of the label is in-mold decorating, so that the label covers an entire face of the first housing piece.
However, Gmyr discloses that front panel 12 may be made of a rigid dielectric material such as acrylic or another clear / translucent plastic resin (paragraph [0013]) and that the graphics [label] are applied on a rear surface of front panel 12 (paragraph [0039]).
Additionally, it was well-known and conventional before the effective filing date of Applicant’s claimed invention for resin products to include labels or decorations applied during an in-mold label process. For evidence of this well-known and conventional teachings, please see paragraphs [0053] and [0054] of Kweon.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of Applicant’s invention to modify the combination of the known teachings of Gmyr and Alsberg to yield predictable results, as evidenced by Kweon, for at least the same reasons set forth above with regard to claim 1.
Regarding claim 2, Gmyr teaches: wherein the controller further comprises a display which is visible through an opening in the first housing piece, or through a transparent region in the first housing piece (FIGS. 2, 6; paragraph [0041],[0044]; alphanumeric display modules 37 are visible through transparent window 14 of front panel 12).
Regarding claims 3, 6, and 11, Gmyr teaches: wherein the controller is configured to control at least one aspect of operation of pool equipment and/or spa equipment by a user touching the capacitive touch sensor (FIG. 1; paragraph [0045]; touch input applied to icons 18 which overlap capacitive touch sensors 44 may change settings associated with a pool or spa heater or heat pump).
Regarding claims 4, 7, and 12, Gmyr teaches: wherein the aspect of operation of pool equipment and/or spa equipment is water temperature (FIG. 1; paragraph [0041]; icons 18 include temperature up and temperature down icons that, when a touch input is applied thereto, control the water temperature of the pool or spa).
Regarding claim 9, Gmyr teaches: wherein the controller further comprises a display in the at least one internal space (FIG. 6; paragraph [0044]; as set forth above with regard to claim 8, alphanumeric display modules 37 are included in the internal space).
Regarding claim 10, Gmyr teaches: wherein the controller further comprises a circuit board in the at least one internal space (FIG. 6; paragraph [0044]; as set forth above with regard to claim 8, PCB 30 is included in the internal space).
Conclusion
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 RYAN A LUBIT whose telephone number is (571)270-3389. The examiner can normally be reached M - F, ~6am - 3pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Temesghen Ghebretinsae can be reached at 571-272-3017. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RYAN A LUBIT/Primary Examiner, Art Unit 2626