The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
DETAILED ACTION
Status of the Claims
This is in response to the amendment filed on 5/1/26. Claims 2 and 11 have been cancelled. Therefore, Claims 1, 3-10 and 12-15 are pending in the application.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim Objections
Claims 1, 3-10 and 12-15 are objected to because of the following informalities: Claims 1 and 10, line 9 recite “memory storage device string…” should it read “memory storage device storing…” or something else? (Claims 3-9 and 12-15 are objected to because of their dependency).
Claim Rejections - 35 USC § 101
Claim Rejections under 35 USC § 101 to the original claims have been withdrawn.
Claim Rejections - 35 USC § 102
Claims 1, 3-5, 10, 12 and 14-15 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Bennett et al. (Bennett; US 20190087548 A1).
Regarding Claim 1, Bennett discloses a communication alert system for unauthorized pool entry (Abstract, [0018] FIG. 10 safety monitoring system capable of sensing and alerting someone unauthorized who is in a pool swimming) comprising:
a detection system for detecting unauthorized pool ingress ([0018] sensing and alerting someone unauthorized who is in a pool swimming; [0085], [0101]) comprising a motion detector ([0040] submersible pool mobile unit 155 is assembled and/or configured and reconfigured to carry a multitude of several different sensors. The following are some sensors and detection and identification elements whose usage and incorporation is anticipated: a) proximity, range, tilt, motion; [0091] pool cleaner unit 1021 comprises a processor, memory, motion monitoring sensors); and
an alert system to notify neighbors proximal to a pool being monitored by the detection system ([0036] communicates notification messages to alert other people in vicinity; [0101] alerts in case of detecting unauthorized swimmers or children in proximity to the pool 1007, and issue warning in audio form, visual indications and flashing lights. It can detect and report on trespasses and issue alerts to neighbors).
Bennett discloses a networked control system (Figs 1, 10) comprising: a central processing unit ([0091] pool cleaner unit 1021 comprises a processor, memory, motion monitoring sensors); and
memory storage device string executable instructions that, when executed by the central processing unit, cause the central processing unit to perform operations ([0091]) comprising electronically activating the alert system upon detection of unauthorized pool ingress to generate an alert or an alarm ([0036] communicates notification messages to alert other people in vicinity, and also optionally contacts the police or emergency services to seek help; [0101] alerts in case of detecting unauthorized swimmers or children in proximity to the pool 1007, and issue warning in audio form, visual indications and flashing lights. It can detect and report on trespasses and issue alerts to neighbors); and
a pool safety system (Figs 1, 10) configured for receiving the alert or the alarm from the detection system and for forwarding the alert or the alarm to the neighbors ([0036] communicates notification messages to alert other people in vicinity, and also optionally contacts the police or emergency services to seek help; [0085] FIG. 10 safety monitoring system 1005 capable of sensing and alerting someone unauthorized who is in a pool swimming…the safety monitoring system 1005 then communicates a notification, employing a mobile phone; [0095] wireless charging unit 1023 also provides management functionality…it can communicate images, videos and messages to the mobile phone 1051 to alert an owner or to a security management system to alert them of unauthorized access of the swimming pool; [0101] detect and report on trespasses and issue alerts to neighbors).
Regarding Claim 3, Bennett discloses the pool safety system further forwards the alert or the alarm to a local emergency service ([0101] detect and report on trespasses and issue alerts to neighbors and police).
Regarding Claim 4, Bennett discloses the pool safety system forwards the alert or the alarm to a central monitoring service (Abstract central server provides safety monitoring, help for drowning swimmers, and emergency and accident supports; [0032] central security, support and services 125; [0154] external supporting server(s) and systems 1727 is provided as necessary, such as access to a local police server system or access to a local remote security monitoring systems; [0036] communicates notification messages to alert other people in vicinity, and also optionally contacts the police or emergency services to seek help).
Regarding Claim 5, Bennett discloses the pool safety system forwards the alert or the alarm to a home owner of the pool ([0018] safety monitoring system then communicates a notification, employing a mobile phone, to the owner/management of the premises).
Regarding Claim 10, Bennett discloses a method for providing pool safety against unauthorized pool entry (Abstract, [0018] FIG. 10 safety monitoring system capable of sensing and alerting someone unauthorized who is in a pool swimming), comprising:
providing a detection system for detecting unauthorized pool ingress ([0018] sensing and alerting someone unauthorized who is in a pool swimming; [0085], [0101]) comprising a motion detector ([0040] submersible pool mobile unit 155 is assembled and/or configured and reconfigured to carry a multitude of several different sensors. The following are some sensors and detection and identification elements whose usage and incorporation is anticipated: a) proximity, range, tilt, motion; [0091] pool cleaner unit 1021 comprises a processor, memory, motion monitoring sensors);
providing an alert system to notify a neighbor or a group of neighbors proximal to a pool being monitored by the detection system ([0036] communicates notification messages to alert other people in vicinity; [0101] alerts in case of detecting unauthorized swimmers or children in proximity to the pool 1007, and issue warning in audio form, visual indications and flashing lights. It can detect and report on trespasses and issue alerts to neighbors), and
providing a networked control system (Figs 1, 10) comprising:
a central processing unit ([0091] pool cleaner unit 1021 comprises a processor, memory, motion monitoring sensors);
and memory storage device string executable instructions that, when executed by the central processing unit, cause the central processing unit to perform operations ([0091]) comprising electronically activating the alert system upon detection of unauthorized pool ingress to generate an alarm message and transmit the alarm message to the neighbors ([0036] communicates notification messages to alert other people in vicinity, and also optionally contacts the police or emergency services to seek help; [0101] alerts in case of detecting unauthorized swimmers or children in proximity to the pool 1007, and issue warning in audio form, visual indications and flashing lights. It can detect and report on trespasses and issue alerts to neighbors); and
upon detecting unauthorized entry, alerting the neighbor or the group of neighbors proximal to a location of the pool of unauthorized pool entry ([0036] communicates notification messages to alert other people in vicinity, and also optionally contacts the police or emergency services to seek help; [0085] FIG. 10 safety monitoring system 1005 capable of sensing and alerting someone unauthorized who is in a pool swimming…the safety monitoring system 1005 then communicates a notification, employing a mobile phone; [0095] wireless charging unit 1023 also provides management functionality…it can communicate images, videos and messages to the mobile phone 1051 to alert an owner or to a security management system to alert them of unauthorized access of the swimming pool; [0101] detect and report on trespasses and issue alerts to neighbors).
Regarding Claim 12, Bennett discloses alerting a local emergency service of unauthorized pool entry ([0101] detect and report on trespasses and issue alerts to neighbors and police).
Regarding Claim 14, Bennett discloses alerting a central monitoring service of unauthorized pool entry (Abstract central server provides safety monitoring, help for drowning swimmers, and emergency and accident supports; [0032] central security, support and services 125; [0154] external supporting server(s) and systems 1727 is provided as necessary, such as access to a local police server system or access to a local remote security monitoring systems)
14>Regarding Claim 15, Bennett discloses the local emergency service includes a local security service [0032] central security, support and services 125), a home security monitoring service ([0031] sensor processing support 121 consists of video, security, recognition, etc.), and combinations thereof ([0031]-[0032).
Claim Rejections - 35 USC § 103
Claims 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Bennett in view of MATKO (Matko; US 20160012700 A1).
Regarding Claim 6, Bennett doesn’t specify the detection system is activated when pool supervision is required.
In the same field of endeavor, Matko discloses an alarm system surrounding a pool to alert a parent of a potential drowning situation for a child. A pad borders the pool and is separated into sections. The pad encloses pressure sensors that detect when a child comes onto the pad. The different sections include different sensors. The sensors are coupled to a detector device that determines different actions to perform to alert someone of the danger situation. The actions includes an audible alarm, vibration, shock or sending an image, video or message indicating that a child is in danger.
Matko discloses the detection system is activated when pool supervision is required ([0008] Should the child continue to advance towards the pool, the pad will detect the continued pressure using the sensors…camera closest to the detected pressure may activate upon receipt of the signal. The images captured by the camera are sent to the phone or other device of the parent/guardian).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Bennett with Matko activating a detection system in order to provide ample time for a guardian to receive and respond to a potentially dangerous situation with a young child near a pool.
6>Regarding Claim 7, Bennett discloses the pool supervision is required when there is no personal supervisory presence at or near the pool ([0033] the cameras provides greater functionality than known alarm systems. An audible alarm may be ignored or not heard if the parent is inside or just not able to hear it (being in shower, watching television, listening to music, etc.)).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Bennett and Matko in view of McSweeney (US 5631630 A).
6>Regarding Claim 8, Bennett doesn’t specify the detection system is manually activated.
In the same field of endeavor, McSweeney discloses a system for monitoring the exit doors of a home leading to the swimming pool and the swimming pool by combined passive and active motion detectors and an alarm.
McSweeney discloses a detection system is manually activated ( Col 3 Lines 38-47>> he homeowner could energize the security system 10 by simply manually connecting the plug of the transformer 34 to the electrical source).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Bennett with McSweeney using manual activation in order to provide a simplified, home-improvement-type, low voltage security system to prevent infants from entering the swimming pool, as suggested by McSweeney (Abstract).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Bennett and Matko in view of Webb (US 9928719 B1).
6>Regarding Claim 9, Bennett doesn’t specify the detection system is remotely activated.
In the same field of endeavor, Webb discloses a swimming pool alarm that senses a rise in the water level of a pool when a person inadvertently enters the pool. The alarm system includes pairs of battery-powered motion sensors that detect a change in the water level and communicate wirelessly to a receiver in a control panel, which then generates a visual and audible alarm. A key fob remote control is provided for activating and deactivating the control panel. The motion sensors are always on. The system is off when the control panel stops receiving.
Webb discloses a detection system is remotely activated (Abstract, Col 2 Lines 10-20).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Bennett with Webb remotely activating the system in order to provide the convenience of activating the system even from a distance when a user is aware of swimmers entering the pool.
Claims 13 is rejected under 35 U.S.C. 103 as being unpatentable over Bennett in view of Matko.
12>Regarding Claim 13, Bennett discloses the local emergency service includes local police ([0101] detect and report on trespasses and issue alerts to neighbors and police), but doesn’t specify local ambulance service, local emergency medical service, and combinations.
Matko teaches a local emergency service includes local police, local ambulance service, local emergency medical service, and combinations thereof ([0030] images may be sent over a wireless or wired network to first responder 38, such as the police or fire rescue, that an emergency is occurring near pool 1. “First responder” may refer to anyone tasked with responding to emergency situations. As well as 911/fire/police, first responder may refer to lifeguards).
Response to Arguments
Applicant's arguments filed 5/1/26 have been fully considered but they are not persuasive for the following reasons:
Arguments:
A. Applicant argues Bennett is directed to aquatic robots or mobile units for day-to-day operations of swimming pools as well as for monitoring for safety. (Bennett, [0002] & [0026]). Alerts may be announced to swimmers or close bystanders. (Bennett, [0049]). Alerts may also be sent to family members or various emergency authorities. (Bennett, [0054]).
In contrast, the alert system and method of the present invention is configured to notify a neighbor or a group of neighbors proximal to a pool being monitored by the detection system of unauthorized or accidental pool entry. Such alerts are configured to allow for prompt action by neighbors, typically in much less time than possible by local or remote emergency services. The same is true for family members being remotely disposed away from the pool, i.e., not near enough to address a safety emergency resulting from unauthorized or accidental pool entry.
It is respectfully submitted that Bennett teaches a system for cleaning and monitoring a pool. Bennett teaches the same limitations as claimed. Bennett’s system will notify a neighbor or a group of neighbors proximal to a pool being monitored by the detection system of unauthorized or accidental pool entry ([0036] communicates notification messages to alert other people in vicinity, and also optionally contacts the police or emergency services to seek help; [0085] FIG. 10 safety monitoring system 1005 capable of sensing and alerting someone unauthorized who is in a pool swimming…the safety monitoring system 1005 then communicates a notification, employing a mobile phone; [0095] wireless charging unit 1023 also provides management functionality…it can communicate images, videos and messages to the mobile phone 1051 to alert an owner or to a security management system to alert them of unauthorized access of the swimming pool; [0101] detect and report on trespasses and issue alerts to neighbors). Bennett also teaches alerts configured to allow for prompt action by neighbors ([0036] communicates notification messages to alert other people in vicinity; [0101] alerts in case of detecting unauthorized swimmers or children in proximity to the pool 1007, and issue warning in audio form, visual indications and flashing lights. It can detect and report on trespasses and issue alerts to neighbors).
A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
B. Applicant argues that while Bennett may alert swimmers, close bystanders, or remote emergency authorities, Bennett fails to disclose, teach, or suggest systems and methods for specifically alerting neighbors in the event of unauthorized or accidental pool entry.
It is respectfully submitted that Bennett teaches sensing and alerting someone unauthorized who is in a pool swimming; ([0018]), and sending emergency notifications in case of emergencies, alerts in case of detecting unauthorized swimmers ([0101]). Bennett reads on the claimed limitations, therefore the rejection is proper.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARK S RUSHING whose telephone number is (571)270-5876. The examiner can normally be reached on 10-6pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Davetta Goins can be reached at 571-272-2957. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARK S RUSHING/Primary Examiner, Art Unit 2689
