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 § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-2, 4, 6-8, 10-11, 16-19, and 22-31 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US 2022/0251861 (Vaughn).
Regarding claim 1, Vaughn discloses a bathing unit system (see Fig. 1) comprising:
- a spa body (rectangular dashed-lines in Fig. 1 resemble the spa body) including a water receptacle for holding water;
- a plurality of bathing unit components (see Fig. 1) including at least one heater (30) and a circulation pump (variable speed pump), the at least one heater and the circulation pump being installed in a circulation system configured for circulating water to and from the water receptacle;
- a control system (24) configured to generate control signals for controlling operational settings of one or more of the plurality of bathing unit components including the at least one heater and the circulation pump; and
- at least two communication interfaces (interface for device 26, cloud 28, and central controller 24) positioned in the spa body, each of the at least two communication interfaces being for exchanging of information between the control system and an external communication network (cloud network 28), the at least two communication interfaces including a first communication interface (interface for 24) and a second communication interface (interface for 26), wherein the first communication interface is spaced apart from the second communication interface on the spa body (see Fig. 1).
Regarding claim 2, Vaughn teaches the bathing unit system of claim 1, wherein the bathing unit system further comprising a processor (see para. [0085]) configured for:
a) processing signals originating from the first communication interface and the second communication interface to identify a preferred communication interface between the first communication interface and the second communication interface, the preferred communication interface being associated with signals having quality measurements (see Fig. 1: water quality monitor):
i) exceeding a threshold quality level (see para. [0047], line 9: pH level); and/or
ii) exceeding quality measurements (see para. [0047], line 10: water quality monitor) of another communication interface (see Fig. 1: dashed-lines between 26 and 24) amongst the first communication interface and the second communication interface; and
b) using the preferred communication interface to establish a communication link between the control system and the external communication network for the exchanging of the information (see paras. [0047]-[0048]).
Regarding claim 4, the bathing unit system of claim 1, wherein the first communication interface is located at a first location on the spa body and the second communication interface is located at a second location on the spa body spaced apart from the first location (see Fig. 1: location dashed-lines connected to 26 and 24).
Regarding claim 6, the bathing unit system of claim 4, wherein the at least two communication interfaces include a third communication interface (interface for cloud network 28) located at a third location on the spa body, the third location being spaced apart from the first location and the second location (see Fig. 1).
Regarding claim 7, the bathing unit system of claim 1, wherein:
a) at least one of the at least two communication interfaces includes a transceiver (see para. [0085], line 5: “transceiver”); or
b) each of the at least two communication interfaces includes a transceiver (see para. [0085], line 5: “transceiver”).
Regarding claim 8, the bathing unit system of claim 1, wherein at least one of the at least two communication interfaces comprises a communication port (see Fig. 8 and para. [0084]) configured to removably receive a transceiver (see para. [0085]).
Regarding claim 10, the bathing unit system of claim 7, wherein the transceiver is one of a Bluetooth transceiver, a Wi-Fi transceiver (see para. [0085], line 5: “transceiver”), a Wi-Fi-USB transceiver, a cellular transceiver module (see para. [0085], line 5: “transceiver”)and a cellular-USB transceiver.
Regarding claim 11, the bathing unit system of claim 1, wherein one of the at least two communication interfaces is positioned at an end of a connector cable (see para. [0084]: RS485 connector cable).
Regarding claim 16, Vaughn discloses a bathing unit system (see Fig. 1) comprising:
a. a spa body (rectangular dashed-lines in Fig. 1 resemble the spa body) including a water receptacle for holding water;
b. a plurality of bathing unit components (see Fig. 1) including at least one heater (30)and a circulation pump (variable speed pump), the at least one heater and the circulation pump being installed in a circulation system configured for circulating water to and from the water receptacle;
c. a control system (24) configured to generate control signals for controlling operational settings of one or more of the plurality of bathing unit components including the at least one heater and the circulation pump;
d. a connectivity unit (see para. [0048], lines 7-10: one of the “various communication methodologies and connections”) located at a first location (see Fig. 1: location dashed-lines connected to 24) on the spa body, the connectivity unit including a first communication device (controller/sensor for water quality monitor) for exchanging information between the control system and an external communication network (cloud network 28); and
e. at least one communication port (see para. [0084]: RS485 port; and communication port for portable user device 26) connected to the spa body, the at least one communication port being configured to removably receive a second communication device (valve control board 82 or portable user device 26) for exchanging information between the control system and the external communication network.
Regarding claim 17, the bathing unit system of claim 16, wherein the first communication device (controller/sensor for water quality monitor) is fixed relative to the spa body.
Regarding claim 18, the bathing unit system of claim 16, wherein the at least one communication port is located at a second location (see Fig. 1: location dashed-lines connected to 26) on the spa body, the second location being a fixed location distinct from and spaced apart from the first location.
Regarding claim 19, the bathing unit system of claim 16, wherein the at least one communication port (RS485 port) is located at an end of a connector cable (RS485 connector cable), wherein the at least one communication port (communication port for portable user device 26) is configured to be moved on the spa body relative to the first location.
Regarding claim 22, the bathing unit system of claim 16, said bathing unit system further comprising a processor (see para. [0085]) configured for:
a. processing signals originating from the first communication device to derive a specific quality measurement (see para. [0047], lines 9-10: pH level, water quality monitor):
i. in response to the specific quality measurement meeting a threshold quality level see para. [0047], line 9: pH level), using the first communication device to establish a communication link between the control system and the external communication network; or
ii. in response to the specific quality measurement (see para. [0047], line 10: water quality monitor) failing to meet the threshold quality level, initiate a process for using a communication device removably received in the at least one communication port to establish the communication link between the control system and the external communication network; and
b. exchanging information between the control system and the external communication network over the established communication link (see paras. [0047]-[0048]).
Regarding claim 23, the bathing unit system of claim 22, wherein the process for using a communication device (heater control board 32) removably received in the at least one communication port includes generating a notification message for a user (via portable user device 26) of the bathing unit system prompting the user to connect the second communication device to the at least one communication port. (see paras. [0047]-[0048]).
Regarding claim 24, the bathing unit system of claim 16, said bathing unit system further comprising a processor (see para. [0085]) configured for:
a. processing quality measurements corresponding to signals originating from the first communication device and from the second communication device removably received in the at least one communication port to identify a preferred communication device between the first communication device and the second communication device, the preferred communication device being associated with a quality measurement (see Fig. 1: water quality monitor):
i. exceeding a threshold quality level (see para. [0047], line 9: pH level); and/or
ii. exceeding quality measurements (see para. [0047], line 10: water quality monitor) of other signals amongst the signals originating from the first communication device and the second communication device; b. exchanging information between the control system and the external communication network using the preferred communication device (see paras. [0047]-[0048]).
Regarding claim 25, the bathing unit system of claim 16, wherein at least one of the first communication device and the second communication device is one of a Bluetooth transceiver, a Bluetooth-USB transceiver, a Wi-Fi transceiver (see para. [0037), a Wi-Fi-USB transceiver, a cellular transceiver and a cellular-USB transceiver (see para. [0085], line 5: “transceiver”).
Regarding claim 26, the method as claimed are fully met by Vaughn as discusses regarding claim 2 above.
Regarding claim 27, the method as claimed are fully met by Vaughn as discusses regarding claim 2 above, wherein repeating steps a. to d. at a regular interval (see claim 1, lines 12-13: operating state) or in response to a detected use by a user of the bathing unit system (see para. [0084]: “the presence of different potential error or fault conditions”).
Regarding claim 28, the method as claimed are fully met by Vaughn as discusses regarding claim 5 above.
Regarding claim 29, the method as claimed are fully met by Vaughn as discusses regarding claim 24 above.
Regarding claims 30-31, the method as claimed are fully met by Vaughn as discusses regarding claim 24 above, wherein the second communication device (see Fig. 1) is a first communication device type and the first communication device is a second communication device type, wherein the first communication device type and the second communication device type are different; wherein the first communication device type is a Wi-Fi transceiver module (cloud network 28) and wherein the second communication device type is a cellular transceiver module, a type F antenna, or a dipole antenna (personal user device 26).
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, 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.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vaughn in view of US 8,967,191 (hereinafter DeVerse) or WO 2017/026977 A1 (hereinafter Panteleev).
Regarding claim 3, Vaughn teaches the bathing unit system of claim 2 as discussed above. Vaughn the quality measurements includes transmitting control signals to operate the components of the bathing unit system but remains silent as to the specific of at least one of a signal-to-noise ratio, a signal strength, a signal reliability measure and an amount of interference from other communication networks.
Attention is directed to the DeVerse and Panteleev references which teach alternative measurements of at least one of a signal-to-noise ratio (see DeVerse’s col. 6, lines 33-38), a signal strength (see Panteleev’s claim 5), a signal reliability measure and an amount of interference (see Panteleev’s claim 5) from other communication networks.
Accordingly, it would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to have replaced the signal of Vaughn with any one of at least one of a signal-to-noise ratio, a signal strength, a signal reliability measure and an amount of interference as taught by DeVerse and Panteleev, wherein doing so would merely be substituting equivalents known for the same purpose. An express suggestion to substitute one equivalent component or process for another is not necessary to render such substitution obvious. In re Fout, 675 F.2d 297, 213 USPQ 532 (CCPA 1982). See MPEP 2144.06.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vaughn.
Regarding claim 5, Vaughn teaches all of the claimed limitations as discussed above regarding claim 4 except for the specific of a) the second location is at an opposing side of the spa body from the first location; or b) the second location is a first corner of the spa body, and the first location is a second corner of the spa body, the first corner being opposite to the second corner. It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to arrange the location of the communication interfaces so that a) the second location is at an opposing side of the spa body from the first location; or b) the second location is a first corner of the spa body, and the first location is a second corner of the spa body, the first corner being opposite to the second corner. Doing so would involve only routine skill in art. In re Japikse, 86 USPQ 70.
Claim(s) 13-15 and 20-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vaughn in view of US 2025/0073121 (hereinafter Collins).
Regarding claim 13, Vaughn teaches the bathing unit system of claim 1 as discussed above but remains silent as to at least one of the first communication interface and the second communication interface is positioned within a cavity formed on a spa shell of the spa body.
Vaugh does not specifically disclose the frame structure of the spa. Attention is directed to Collins which teaches an analogous spa frame comprising a spa shell (see Fig. 1B) having a cavity being located at a corner (see Fig. 9A) and having a removable cover (443) enclosing the cavity.
Accordingly, it would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to have replaced the spa frame of Vaughn with a spa frame having a spa body having a spa shell having a cavity therein being located at a corner and having a removable cover enclosing the cavity as taught by Collins, wherein doing so would merely be substituting equivalents known for the same purpose. An express suggestion to substitute one equivalent component or process for another is not necessary to render such substitution obvious. In re Fout, 675 F.2d 297, 213 USPQ 532 (CCPA 1982). See MPEP 2144.06.
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to arrange the at least one of the first communication interface and the second communication interface of Vaughn within a cavity of a spa frame taught by Collins. Doing so would involve only routine skill in art. In re Japikse, 86 USPQ 70.
Regarding claims 14-15, the above combination fully teaches cavity is located on a corner of the spa shell and a removable cover enclosing the cavity.
Regarding claim 20, Vaughn teaches the bathing unit system of claim 16 as discussed above but remains silent as to a spa shell comprises a cavity with a removable cover enclosing the cavity, the at least one communication port being located within the cavity.
Vaugh does not specifically disclose the frame structure of the spa. Attention is directed to Collins which teaches an analogous spa frame comprising a spa shell (see Fig. 1B) having a cavity being located at a corner (see Fig. 9A) and having a removable cover (443) enclosing the cavity.
Accordingly, it would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to have replaced the spa frame of Vaughn with a spa frame having a spa body having a spa shell having a cavity therein being located at a corner and having a removable cover enclosing the cavity as taught by Collins, wherein doing so would merely be substituting equivalents known for the same purpose. An express suggestion to substitute one equivalent component or process for another is not necessary to render such substitution obvious. In re Fout, 675 F.2d 297, 213 USPQ 532 (CCPA 1982). See MPEP 2144.06.
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to arrange the at least one of the first communication interface and the second communication interface of Vaughn within a cavity of a spa frame taught by Collins. Doing so would involve only routine skill in art. In re Japikse, 86 USPQ 70.
Regarding claim 21, the above combination regarding claim 20 above fully teaches the cavity is formed on a corner of the spa shell.
Claim(s) 9 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vaughn in view of US 2023/0144546 (hereinafter Potucek)
Regarding claim 9, Vaughn teaches the bathing unit system of claim 8 as discussed above, wherein the connection of the controller can be wired medium or wireless medium (see para. [0037]) but remains silent as to the communication port is a USB port.
Potucek discloses similar alternative connection (see para. [0399] of wired (e.g., RS485, ethernet, USB, serial, etc.) or wireless (e.g., WiFi, Bluetooth, Zigbee, ZWave, cellular, thread, etc.).
Accordingly, it would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to have replaced the RS485 connection of Vaughn with USB connection as taught by Potucek, wherein doing so would merely be substituting equivalents known for the same purpose. An express suggestion to substitute one equivalent component or process for another is not necessary to render such substitution obvious. In re Fout, 675 F.2d 297, 213 USPQ 532 (CCPA 1982). See MPEP 2144.06. Doing so would yield a USB port as claimed.
Regarding claim 12, Vaughn teaches the bathing unit system of claim 11 as discussed above, wherein the connection of the controller can be wired medium or wireless medium (see para. [0037]) but remains silent as to the communication port is a USB port.
Potucek discloses similar alternative connection (see para. [0399] of wired (e.g., RS485, ethernet, USB, serial, etc.) or wireless (e.g., WiFi, Bluetooth, Zigbee, ZWave, cellular, thread, etc.).
Accordingly, it would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to have replaced the RS485 connection of Vaughn with USB connection as taught by Potucek, wherein doing so would merely be substituting equivalents known for the same purpose. An express suggestion to substitute one equivalent component or process for another is not necessary to render such substitution obvious. In re Fout, 675 F.2d 297, 213 USPQ 532 (CCPA 1982). See MPEP 2144.06. Doing so would yield the connector cable is a USB extension cable as claimed.
Conclusion
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/TUAN N NGUYEN/Primary Examiner, Art Unit 3754
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