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 .
Election/Restrictions
Applicants’ election with traverse of Group II in the reply filed on 07/27/26, pages 1-7, is acknowledged. The traversal is on the ground(s) that: Applicant argues, “that examination of both Inventions I and II would not present a serious search and/or examination burden. This is found persuasive. Claims 52-55 are directed to an allowable product. Pursuant to the procedures set forth in MPEP § 821.04(B), claims 52-55, directed to the process of making or using an allowable product, previously withdrawn from consideration because of a restriction requirement, are hereby rejoined and fully examined for patentability under 37 CFR 1.104. Because all claims previously withdrawn from consideration under 37 CFR 1.142 have been rejoined, the restriction requirement as set forth in the Office action mailed on 04/28/26 is hereby withdrawn. In view of the withdrawal of the restriction requirement as to the rejoined inventions, applicant(s) are advised that if any claim presented in a divisional application is anticipated by, or includes all the limitations of, a claim that is allowable in the present application, such claim may be subject to provisional statutory and/or nonstatutory double patenting rejections over the claims of the instant application. Once the restriction requirement is withdrawn, the provisions of 35 U.S.C. 121 are no longer applicable. See also MPEP § 804.01.
Specification
Applicants are reminded of the proper language and format for an abstract of the disclosure. The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details. The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided. For example, in line 1, “is described” should be deleted.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 59 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No.12,086,334. Although the claims at issue are not identical, they are not patentably distinct from each other because when an applicant has received a patent for a species or a more specific embodiment, he/she is not entitled to a patent for the generic or broader invention without maintaining common ownership and ensuring that the term of the latter issued patent will expire at the end of the original term of the earlier issued patent. A more specific claim “anticipates” the broader claim. In an obviousness-type double patenting analysis where the claim being examined is merely broader than the claim patented before. The patented claim “anticipates” the application claim. Thus, the two claims are not patentably distinct.
The subject matter of claim 59 is further disclosed by claim 1 of the ‘334 patent.
Allowable Subject Matter
Claim 60 objected to as being dependent upon a rejected base claim but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 49-58 are free from the prior art of record. The following is an examiner’s statement of reasons for allowance:
The prior art of:
Lang (US 8,424,568 B2 ) discloses (fig. 7,9) a topside control panel fig. 9, ref. 1) for controlling water features in a bathing unit system (col. 4, I. 19-25), the bathing unit system including a tub holding water (col. 4, I. 19-25, disclosing a bath tub), a circulation system including an inlet and outlet in the tub and one or more pumps for circulating the water held in the tub through the circulation system between in the inlet and outlet (a circulation system with an inlet / outlet and one or more pumps for circulating water are disclosed in a bathing unit), said topside control panel comprising a) a housing having a generally circular housing portion including a display screen (fig. 9, ref. 21); b) a manually operable actuator (fig. 7,9, ref. 3) positioned about a periphery of the generally circular housing portion and configured for triggering signals at least in part in response to displacements of the manually operable actuator, the displacements including rotations of the manually operable actuator about the periphery of the generally circular housing portion (col. 4, I. 6-8, fig. 7, 9); c) a circuit board assembly positioned in the housing and operatively coupled to the display screen and the manually operable actuator, said circuit board assembly including one or more processors (col. 4, I. 9-18) programmed for i) rendering on the display screen a multi-layer menu driven interface presenting user-selectable options for controlling at least some water features of the bathing unit system, wherein at least one specific menu layer of the multi-layer menu driven interface presents options for controlling the one or more pumps [col. 4, I. 6-8 and fig. 9; display screen ref. 21 and a control element ref. 3 suitable for controlling at least one pump of the bathing unit and interfacing with the user through the screen]; ii) permitting navigation through the multi-layer menu driven interface by using signals triggered at least in part by a combination of displacements of the manually operable actuator to select specific user-selectable options to arrive at the specific menu layer presenting options for controlling the one or more pumps [col. 4, I. 6-8 and fig. 9;display screen ref. 21 and a control element ref. 3 suitable for controlling at least one pump of the bathing unit and interfacing with the user through the screen].
Lang fails to teach or suggest singularly or an obvious combination of at least a combined display and control topside module for a bathing unit system, including presenting a GUI implementing a multi-layer menu driven interface comprising multiple menu layers presenting user-selectable options and a ring-shaped actuator encircling a periphery of the generally circular housing portion, wherein
a) the combined display and control topside module are configured for permitting individual menu layers in the multiple menu layers to be sequentially presented on the GUI using a first combination of rotations and inward displacements of the ring-shaped manually operable actuator to arrive at a pump control menu; and
b) from the pump control menu, the combined display and control topside module is configured for enabling a user to control, using clockwise and counterclockwise rotations of the ring-shaped manually operable actuator, at least one of:
i) a speed of a variable speed pump in the bathing unit system; and
ii) a number of pumps being activated in the bathing unit system,
as recited in independent claim 49. Further, Lang fails to teach or suggest singularly or in combination a method for controlling water features in a bathing unit system, including the method comprising:
i) rendering a graphical user interface (GUI) on the display screen, the GUI presenting a multi-layer menu driven interface, the multi-layer menu driven interface comprising multiple menu layers presenting at least one specific menu layer of
the multiple menu layers presents user-selectable options for controlling the one or more pumps;
ii) using signals triggered by a combination of displacements of the manually operable actuator to navigate through different menu layers of the multiple menu layers and cause individual menu layers in the multiple menu layers to be sequentially presented on the GUI to arrive at the at least one specific menu layer presenting the user selectable options for controlling the one or more pumps;
iii) while the at least one specific menu layer presenting the user selectable options for controlling the one or more pumps is presented on the GUI, controlling the one or more pumps in response to additional specific displacements of the manually operable actuator as recited in claim 52.
Finally, Lang fails to teach or suggest a combined display and control topside module for a bathing unit system, presenting a GUI implementing a multi-layer menu driven interface comprising multiple menu layers presenting user-selectable options for controlling at least some water features of the bathing unit system and a ring-shaped actuator encircling a periphery of the generally circular housing portion, wherein:
a) the combined display and control topside module are configured for permitting individual menu layers in the multiple menu layers to be sequentially presented on the GUI using a combination of rotations and inward displacements of the ring-shaped manually operable actuator to arrive at a pump control menu; and
b) from the pump control menu, the combined display and control topside module is configured for enabling a user to select and activate a specific pumping pattern from the set of individually selectable pumping patterns using at least one of a rotation and an inward displacement of the ring-shaped manually operable actuator, as recited in independent claim 56.
Srinivas et al (US Patent Application Publication US 2014/0327624 A1) a topside control panel (fig. 1, ref. 100: portable multimedia device) for a bathing unit, comprising a display touch or presence-sensitive assembly (fig. 1, ref. 106, par. 57: touchscreen controls), housing (figs. 1 and 3, refs. 110 along with 112) including:
a top surface (fig. 1, ref. 110) circumscribed by a top peripheral wall (fig. 1, ref. 102), the top surface and the top peripheral wall defining a first recess for receiving the display touch or presence-sensitive assembly (fig. 1, ref. 106) a bottom surface (fig. 1, ref. 112) opposed to the top surface, the bottom surface being circumscribed by a bottom peripheral wall (fig. 1, ref. 112), the bottom surface and the bottom peripheral wall defining a second recess (fig. 1, ref. 112 defines a second recess where the printed circuit board 114 is located) a back panel (fig. 1, ref. 118) secured to the housing so as to enclose the second recess and form an enclosed space (fig. 1), the back panel including a ventilation member configured for allowing air communication between the enclosed space and a space external to the topside control panel.
Srinivas et al fails to teach or suggest singularly or an obvious combination of at least a combined display and control topside module for a bathing unit system, including presenting a GUI implementing a multi-layer menu driven interface comprising multiple menu layers presenting user-selectable options for controlling at least some water features of the bathing unit system and a ring-shaped manually operable actuator encircling a periphery of the generally circular housing portion, wherein
a) the combined display and control topside module are configured for permitting individual menu layers in the multiple menu layers to be sequentially presented on the GUI using a first combination of rotations and inward displacements of the ring-shaped manually operable actuator to arrive at a pump control menu; and
b) from the pump control menu, the combined display and control topside module is configured for enabling a user to control, using clockwise and counterclockwise rotations of the ring-shaped manually operable actuator, at least one of:
i) a speed of a variable speed pump in the bathing unit system; and
ii) a number of pumps being activated in the bathing unit system,
as recited in independent claim 49. Further, Srinivas fails to teach or suggest singularly or in combination a method for controlling water features in a bathing unit system, including the method comprising:
i) rendering a graphical user interface (GUI) on the display screen, the GUI presenting a multi-layer menu driven interface, the multi-layer menu driven interface comprising multiple menu layers presenting at least one specific menu layer of
the multiple menu layers present user-selectable options for controlling the one or more pumps;
ii) using signals triggered by a combination of displacements of the manually operable actuator to navigate through different menu layers of the multiple menu layers and cause individual menu layers in the multiple menu layers to be sequentially presented on the GUI to arrive at the at least one specific menu layer presenting the user selectable options for controlling the one or more pumps;
iii) while the at least one specific menu layer presenting the user selectable options for controlling the one or more pumps is presented on the GUI, controlling the one or more pumps in response to additional specific displacements of the manually operable actuator as recited in claim 52.
Finally, Srinivas fails to teach or suggest a combined display and control topside module for a bathing unit system, presenting a GUI implementing a multi-layer menu driven interface comprising multiple menu layers presenting user-selectable options for controlling at least some water features of the bathing unit system and (ii) a ring-shaped manually operable actuator encircling a periphery of the generally circular housing portion, wherein:
a) the combined display and control topside module are configured for permitting individual menu layers in the multiple menu layers to be sequentially presented on the GUI using a combination of rotations and inward displacements of the ring-shaped manually operable actuator to arrive at a pump control menu; and
b) from the pump control menu, the combined display and control topside module is configured for enabling a user to select and activate a specific pumping pattern from the set of individually selectable pumping patterns using at least one of a rotation and an inward displacement of the ring-shaped manually operable actuator, as recited in independent claim 56.
Further, there is no teaching or suggestion providing motivation to one of ordinary skill in the art to somehow combine Lang and Srinivas to arrive at the claimed invention.
Therefore, referring to independent claims 49, 52 and 56, the prior art of record shows a device comprising the elements of a topside control panel, tub, circulation system, housing, manual actuator, and a display screen. However, a device having at least a combined display and control topside module for a bathing unit system, including presenting a GUI implementing a multi-layer menu driven interface comprising multiple menu layers presenting user-selectable options for controlling at least some water features of the bathing unit system and a ring-shaped manually operable actuator encircling a periphery of the generally circular housing portion, wherein
a) the combined display and control topside module are configured for permitting individual menu layers in the multiple menu layers to be sequentially presented on the GUI using a first combination of rotations and inward displacements of the ring-shaped manually operable actuator to arrive at a pump control menu; and
b) from the pump control menu, the combined display and control topside module is configured for enabling a user to control, using clockwise and counterclockwise rotations of the ring-shaped manually operable actuator, at least one of:
i) a speed of a variable speed pump in the bathing unit system; and
ii) a number of pumps being activated in the bathing unit system,
as recited in independent claim 49; and at least a method for controlling water features in a bathing unit system, including the method comprising:
i) rendering a graphical user interface (GUI) on the display screen, the GUI presenting a multi-layer menu driven interface, the multi-layer menu driven interface comprising multiple menu layers presenting at least one specific menu layer of the multiple menu layers presents user-selectable options for controlling the one or more pumps;
ii) using signals triggered by a combination of displacements of the manually operable actuator to navigate through different menu layers of the multiple menu layers and cause individual menu layers in the multiple menu layers to be sequentially presented on the GUI to arrive at the at least one specific menu layer presenting the user selectable options for controlling the one or more pumps;
iii) while the at least one specific menu layer presenting the user selectable options for controlling the one or more pumps is presented on the GUI, controlling the one or more pumps in response to additional specific displacements of the manually operable actuator as recited in claim 52; and at least a control topside module for a bathing unit system, presenting a GUI implementing a multi-layer menu driven interface comprising multiple menu layers presenting user-selectable options for controlling at least some water features of the bathing unit system and a ring-shaped manually operable actuator encircling a periphery of the generally circular housing portion, wherein:
a) the combined display and control topside module are configured for permitting individual menu layers in the multiple menu layers to be sequentially presented on the GUI using a combination of rotations and inward displacements of the ring-shaped manually operable actuator to arrive at a pump control menu; and,
b) from the pump control menu, the combined display and control topside module is configured for enabling a user to select and activate a specific pumping pattern from the set of individually selectable pumping patterns using at least one of a rotation and an inward displacement of the ring-shaped manually operable actuator, as recited in independent claim 56 is neither anticipated nor obvious over the prior art of record.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record (see USPTO Form 892) and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LORI BAKER whose telephone number is (571)272-4971. The examiner can normally be reached Monday through Friday: 9 am - 6 pm CST. 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, David Angwin can be reached 571-270-3735. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LORI L BAKER/Primary Examiner, Art Unit 3754
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