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 § 103
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 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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hsu et al. (US 20190175445 A1; hereinafter “HSU”) in view of Mazz et al. (US 20150322652 A1; hereinafter “MAZZ”).
Regarding claim 1, HSU teaches an apparatus (HSU discloses an inflatable pool or spa having massage and audio playing capabilities) comprising:
a spa controller operable to control operation of a plurality of spa components and to generate status data regarding status of one or more of said plurality of spa components (HSU discloses a "processing module 200" having an "internal processor 206" that controls various spa components such as a water pump 210, air pump 212, and heaters 214, 216. HSU also discloses generating status data, teaching that a temperature probe 220 measures actual water temperature and "sends the measured or actual water temperature from probe 220 to processor 206 and to control panel 300", para. 0015-30); and
a topside control panel at a user site and comprising a first wireless transceiver (HSU discloses a "control panel 300" that can be located "directly on at least one of top wall 102... of spa 100". In the embodiments of FIG. 3 and FIG. 5, HSU teaches that a "communication module 326 is included in control panel 300" or "control panel 300 includes wireless communication module 330" to establish a wireless connection, para. 0032-45),
wherein the topside control panel is configured to communicate with said spa controller to receive the status data from said spa controller (HSU discloses that the control panel 300 communicates with the processor 206, receiving status data such as the measured water temperature to be displayed on the display screen 302, para. 0015-30), to process audio data (HSU discloses audio 402 via 326, para. 0033, fig. 3) and to communicate wirelessly with a remote controller device using the first wireless transceiver (HSU teaches that the communication module 326 or 330 within the control panel 300 establishes a "wireless connection between communication module 326 and device 400" (e.g., a smartphone) enabling the device 400 to act as a remote control, para. 0032-45).
HSU is silent to teaching that wherein the topside control panel is configured to output decoded audio data over a line level connection to an integrated powered amplifier.
In the same field of endeavor, MAZZ teaches a system wherein the topside control panel is configured to output decoded audio data over a line level connection to an integrated powered amplifier (MAZZ teaches the integrated audio subsystem 240 which includes a media player and an amplifier configured to output sound through speakers 141. The system specifically includes a "line in" functionality that allows audio to be played from an external device connected via an auxiliary input, such as a data cable, stereo, or mono connection, para. 0081,150,274).
Therefore, it would have been obvious to one of ordinary skill in the art to combine the teaching of HSU with the teaching of MAZZ in order to improve user interface and controller in shower and pool systems (MAZZ, para. 0002-3).
Regarding claim 2, the combination of HSU and MAZZ teaches the apparatus of Claim 1, further comprising the remote controller device, and wherein the remote controller device comprises a second wireless transceiver operable to receive status data transmitted from said topside control panel over a wireless link between said first wireless transceiver and said second wireless transceiver (MAZZ teaches the system's use of a mobile device (e.g., mobile device 294) acting as a remote controller/music source. The mobile device pairs with the controller's communications interface using a wireless link (such as WiFi, Bluetooth, or a cellular network). The controller generates and communicates settings and status information (such as temperature and feature states) to user devices, para. 0270).
Regarding claim 3, the combination of HSU and MAZZ teaches the apparatus of Claim 2, wherein the remote controller device is further operable to send command data to the topside control panel to control audio output of the decoded audio data (MAZZ teaches the ability of the user to wirelessly pair the external/mobile device (smartphone) to "control system features and playback", para. 0146-147).
Regarding claim 4, the combination of HSU and MAZZ teaches the apparatus of Claim 1, further comprising a network gateway interface operable to communicate with an Internet access point, wherein the network gateway interface is configured to route data between the topside control panel and a web-based service provider. (MAZZ teaches the controller 260 being connected to a communications network (like a LAN, WAN, or the Internet). The connection can be facilitated via a router 220. The controller uses its communications interface 264 (e.g., Ethernet card or WiFi transceiver) to route data to and from a remote system, explicitly identified as an "Internet file server" via the Internet, para. 0089, fig. 2).
Regarding claim 5, the combination of HSU and MAZZ teaches the apparatus of Claim 4, wherein the first transceiver is further operable to receive streaming audio data for audio playback via the integrated power amplifier from the web-based service provider (MAZZ, fig. 2, streaming music, para. 0149).
Regarding claim 6, the combination of HSU and MAZZ teaches the apparatus of Claim 1, further comprising a network gateway interface operable to communicate with an Internet access point, wherein the network gateway interface is configured to route commands between a web-based service provider and the topside control panel to control at least one of the plurality of spa components (MAZZ teaches the system's capability where "communications via the network are used to actively control the outputs from various devices (e.g., starting and stopping water flow, adjusting setpoints, turning on/off lighting, steam, audio, aromatherapy, etc.)". Furthermore, the controller can receive update data, including new configurations and control parameters, from a remote Internet server to operate the water and steam subsystems., para. 0089, fig. 2, router 220).
Regarding claim 7, the combination of HSU and MAZZ teaches the apparatus of Claim 1, further comprising a speaker in communication with the first wireless transceiver and configured as a slave audio device operable to be controlled wirelessly by the topside control panel operable as a master audio device via the first wireless transceiver. (MAZZ, fig. 2, amp, speakers 141, para. 0081).
Regarding claim 8, HSU teaches a method of audio playback using a topside mounted control panel of a spa system, the method comprising:
receiving audio data at the topside mounted control panel, wherein the topside mounted control panel is disposed on a top portion of a spa basin of said spa system and is operable to control spa equipment of said spa system (HSU discloses a "processing module 200" having an "internal processor 206" that controls various spa components such as a water pump 210, air pump 212, and heaters 214, 216. HSU also discloses generating status data, teaching that a temperature probe 220 measures actual water temperature and "sends the measured or actual water temperature from probe 220 to processor 206 and to control panel 300", para. 0015-30), said topside mounted control panel comprising:
a processor; and an integrated wireless transceiver operable to wirelessly communicate with a remote controller device (HSU discloses a "control panel 300" that can be located "directly on at least one of top wall 102... of spa 100". In the embodiments of FIG. 3 and FIG. 5, HSU teaches that a "communication module 326 is included in control panel 300" or "control panel 300 includes wireless communication module 330" to establish a wireless connection, para. 0032-45); processing the audio data at the topside mounted control panel (HSU discloses audio 402 via 326, para. 0033, fig. 3); and outputting decoded audio data (HSU teaches that the communication module 326 or 330 within the control panel 300 establishes a "wireless connection between communication module 326 and device 400" (e.g., a smartphone) enabling the device 400 to act as a remote control, para. 0032-45).
HSU is silent to teaching that comprising outputting decoded audio data over a line level connection to an integrated powered amplifier disposed within the spa system, and wherein the control panel comprising memory.
In the same field of endeavor, MAZZ teaches a method comprising outputting decoded audio data over a line level connection to an integrated powered amplifier disposed within the spa system (MAZZ teaches the integrated audio subsystem 240 which includes a media player and an amplifier configured to output sound through speakers 141. The system specifically includes a "line in" functionality that allows audio to be played from an external device connected via an auxiliary input, such as a data cable, stereo, or mono connection, para. 0081,150,274), and a control panel comprising memory (MAZZ, fig. 2, memory 298).
Therefore, it would have been obvious to one of ordinary skill in the art to combine the teaching of HSU with the teaching of MAZZ in order to improve user interface and controller in shower and pool systems (MAZZ, para. 0002-3).
Regarding claim 9, the combination of HSU and MAZZ teaches the method of Claim 8, further comprising outputting decoded audio data to a speaker in communication with the integrated wireless transceiver and configured as a slave audio device operable to be controlled wirelessly by the topside control panel via the integrated wireless transceiver (MAZZ teaches that user can pair a Bluetooth-capable device (e.g., a smartphone, a portable music player, etc.) with the Bluetooth-capable transceiver to receive audio data from a Bluetooth audio source, para. 0146, fig. 19, 20).
Regarding claim 10, the combination of HSU and MAZZ teaches the method of Claim 8, wherein the spa system further comprises a plurality of speakers, and wherein said integrated wireless transceiver is operable to receive the audio data from the remote controller device for output by said plurality of speakers (MAZZ, fig. 2, speakers 141, Bluetooth in).
Regarding claim 11, the combination of HSU and MAZZ teaches the method of Claim 8, further comprising outputting the decoded audio data to a speaker in communication with the integrated wireless transceiver and configured as a slave audio device operable to be controlled wirelessly by the topside control panel via the integrated wireless transceiver (MAZZ, fig. 2, speakers 141, Bluetooth in).
Regarding claim 12, HSU teaches a spa system (HSU discloses an inflatable pool or spa 100 having massage and audio capabilities) comprising:
a basin for holding water (HSU discloses a "water cavity 112 for bathing and/or swimming");
spa equipment comprising pumps and jets (HSU discloses a "water pump 210" and "air pump 212"); and
a topside mounted control panel disposed on a top portion of said basin and operable for controlling said spa equipment (HSU discloses that "control panel 300 may be located directly on at least one of top wall 102... of spa 100" to control various features of the spa), said topside mounted control panel comprising: a processor; and an integrated wireless transceiver operable to wirelessly communicate with a remote controller device for remote audio control and processing of audio data (HSU teaches that the control panel 300 can include an integrated "wireless communication module 330" capable of communicating with a remote device 400 for remote audio control, processor 206); and a speaker in communication with the first wireless transceiver HSU teaches an audio output device 232 (e.g., speaker) configured to physically connect to an output port 230 using an "adapter plug or audio cable", para. 0015-45).
HSU is silent to teaching that said topside mounted control panel comprising memory and configured as a slave audio device operable to be controlled wirelessly by the topside control panel operating as a master audio device via the integrated wireless transceiver.
In the same field of endeavor, MAZZ teaches a system wherein said control panel comprising memory (MAZZ, fig. 2, memory 298) and configured as a slave audio device operable to be controlled wirelessly by the topside control panel operating as a master audio device via the integrated wireless transceiver (MAZZ teaches the integrated audio subsystem 240 which includes a media player and an amplifier configured to output sound through speakers 141. The system specifically includes a "line in" functionality that allows audio to be played from an external device connected via an auxiliary input, such as a data cable, stereo, or mono connection, para. 0081,150,274).
Therefore, it would have been obvious to one of ordinary skill in the art to combine the teaching of HSU with the teaching of MAZZ in order to improve user interface and controller in shower and pool systems (MAZZ, para. 0002-3).
Regarding claim 13, the combination of HSU and MAZZ teaches the spa system as described in Claim 12, further comprising an integrated powered amplifier, wherein the topside mounted control panel is further operable to output decoded audio data over a line level connection to the integrated powered amplifier (MAZZ teaches the integrated audio subsystem 240 which includes a media player and an amplifier configured to output sound through speakers 141. The system specifically includes a "line in" functionality that allows audio to be played from an external device connected via an auxiliary input, such as a data cable, stereo, or mono connection, para. 0081,150,274).
Regarding claim 14, the combination of HSU and MAZZ teaches the spa system of Claim 12, wherein the spa equipment further comprises a plurality of speakers, and wherein said integrated wireless transceiver is operable to receive audio information for playback using said plurality of speakers (HSU, fig. 3, audio 402; MAZZ, fig. 2, Bluetooth in).
Regarding claim 15, the combination of HSU and MAZZ teaches the spa system of Claim 12, wherein the spa equipment further comprises RGB lighting sources, and wherein said integrated wireless transceiver is operable to receive lighting control information for adjusting light output of the RGB lighting sources (MAZZ, para. 0082).
Regarding claim 16, the combination of HSU and MAZZ teaches the spa system of Claim 12, wherein the spa equipment further comprises a heat pump, and wherein said integrated wireless transceiver is operable to receive heat pump control information for operating the heat pump (HSU teaches water heaters 214, 216).
Regarding claim 17, the combination of HSU and MAZZ teaches the spa system of Claim 12, wherein the spa equipment further comprises a chlorine supply, and wherein said integrated wireless transceiver is operable to receive chlorine data for operating the chlorine supply (HSU teaches a water treatment system 224).
Regarding claim 18, the combination of HSU and MAZZ teaches the spa system as described in Claim 12, wherein said integrated wireless transceiver communicates using Bluetooth wireless (HSU explicitly discloses a "wireless communication (e.g., Bluetooth, WiFi, infrared) module 226").
Regarding claim 19, the combination of HSU and MAZZ teaches the spa system as described in Claim 12, wherein said integrated wireless transceiver communicates using BLE wireless (HSU explicitly discloses a "wireless communication (e.g., Bluetooth, WiFi, infrared) module 226").
Regarding claim 20, the combination of HSU and MAZZ teaches the spa system as described in Claim 12, wherein said integrated wireless transceiver communicates using WIFI wireless communication (HSU explicitly discloses a "wireless communication (e.g., Bluetooth, WiFi, infrared) module 226").
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.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-21 of U.S. Patent No. 12,051,322. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the 18/789,493 application and the '322 patent are directed to the same inventive concept: a spa system featuring a topside control panel with an integrated wireless transceiver that communicates with a remote controller device or web-based service provider to control spa equipment (pumps, heaters, etc.) and process audio data. While there are minor variations in terminology—such as the application’s reference to "decoded audio data over a line level connection" versus the '322 patent’s "graphical user interface (GUI)" —the claims are not patentably distinct. The variations represent either identical subject matter or obvious modifications that do not constitute a separate patentable invention.
Claim Analysis
1. Claims 1, 8, and 12 of the Application vs. Claims 1 and 9 of the '322 Patent
Application: Claim 1 (and method claim 8) recites an apparatus with a topside control panel comprising a wireless transceiver configured to communicate with a spa controller, receive status data, process audio, and output decoded audio data over a line level connection. '322 Patent: Claim 1 recites a topside control panel with a first wireless transceiver for communication with a remote controller, receiving audio data/control as a master audio device, and outputting decoded audio over a line level connection. Finding: These claims describe substantially the same system. The "master audio device" and "line level connection" limitations in the '322 patent correspond directly to the audio processing and output limitations in the present application.
2. Claim 7 of the Application vs. Claim 1 of the '322 Patent
Application: Recites a speaker configured as a slave audio device controlled wirelessly by the topside panel (master). '322 Patent: Claim 1 explicitly recites a speaker configured as a slave audio device operable to be controlled wirelessly by the topside control panel. Finding: These limitations are identical.
3. Claims 14-16 of the Application vs. Claims 14-16 of the '322 Patent
Application: Specifies wireless communication protocols including Bluetooth, BLE, and Wi-Fi. '322 Patent: Claims 14, 15, and 16 specify identical protocols: Bluetooth, BLE, and Wi-Fi. Finding: The dependent claims are identical in scope.
4. Claims 4-6 of the Application vs. Claim 20 of the '322 Patent
Application: Recites a network gateway interface configured to route data between the topside panel and a web-based service provider. '322 Patent: Claim 20 recites a network gateway interface that bridges communication with a web-based service provider. Finding: The functional relationship between the gateway, the spa hardware, and the cloud services is equivalent in both sets of claims.
The '322 patent is an earlier-filed, commonly-owned patent that claims the same invention as the present application. Allowing the present claims would result in an unjustified extension of the patent term for the same inventive concept. A terminal disclaimer is required to overcome this rejection.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Clark (US 20020035403 A1), Hollaway (US 20090132066 A1), Scarlata (US 20040255375 A1) teach spa control systems.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WEN WU HUANG whose telephone number is (571)272-7852. The examiner can normally be reached Mon-Fri 10-6.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Wesley Kim can be reached at (571) 272-7867. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WEN W HUANG/Primary Examiner, Art Unit 2648
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