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 .
Information Disclosure Statement
IDS filed 7/20/2026 and 5/19/2025 are being considered by the examiner
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term "means" or "step" or a term used as a substitute for "means" that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term "means" or "step" or the generic placeholder is modified by functional language, typically, but not always linked by the transition word "for" (e.g., "means for") or another linking word or phrase, such as "configured to" or "so that"; and
(C) the term "means" or "step" or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word "means" (or "step") in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word "means" (or "step") in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word "means" (or "step") are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word "means" (or "step") are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word "means," but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier.
Such claim limitation(s) is/are: "a controller configured to: receive" in claim 15.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 2 and 7 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 2 recites, "wherein controlling operation of the equipment [line 2]." It is unclear whether "the equipment" refers to the first piece of equipment or the second piece of equipment. As such, the claim is indefinite. Examiner interprets "the equipment" as the second piece of equipment.
Claim 7 recites, "wherein controlling operation of equipment [line 3]." It is unclear whether "equipment" refers to the first piece of equipment or the second piece of equipment. As such, the claim is indefinite. Examiner interprets "equipment" as the second piece of equipment.
Claim Rejections - 35 USC § 102
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 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.
Claims 1-5, 9-18, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Vaughn et al. [US Pub. 2022/0251861] ("Vaughn").
With regard to claim 1, Vaughn teaches a method of optimizing a flow of water of a swimming pool or spa ("pool or spa system 20 can include a heating system 22 [par. 0047]" and "efficient operation of the heater [par. 0003]"), the method comprising:
monitoring a parameter associated with performance of a first piece of equipment of the swimming pool or spa ("one or more conditions relating to the heater 30 can include the temperature of the water flowing between the first inflow port 33 and the first outflow port 35 as relayed to the controller by the temperature sensor [par. 0056]") and relative to a target for the parameter ("when the controller determines that the temperature of the water is above a second preconfigured threshold [par. 0056]");
activating a bypass valve ("valve 34 is coupled to the heater bypass 23 [par. 0052]") such that water bypasses the first piece equipment based on the parameter reaching or exceeding the target ("when the controller determines that the temperature of the water is above a second preconfigured threshold the heater control board 32 can disengage the heating mode and the controller can identify the operating state as an intermediate state where the valve 34 attenuates flow of the water from the pool into the first inflow by directing the water received from the pool to flow into both the heater bypass 23 and the first inflow port 33 [par. 0056]" and "the valve 34 can allow between about 5% to about 10% of the water flowing into the valve 34 to flow into the heater 30 [par. 0059]"); and
controlling operation of a second piece of equipment of a circulation system responsive to activation of the bypass valve ("when the heater 30 is being bypassed, a speed of a variable flow pump's motor that pumps water to the heater 30 can be reduced because a total dynamic head of the system will be lower than it is when the heater is not being bypassed [par. 0060]").
With regard to claim 2, Vaughn teaches the method of claim 1, wherein the second piece of equipment of the circulation system comprises a pump ("a variable speed pump [par. 0047]") and/or a filtration system, and
wherein controlling operation of the equipment is configured to reduce energy consumption ("when the heater 30 is being bypassed, a speed of a variable flow pump's motor that pumps water to the heater 30 can be reduced because a total dynamic head of the system will be lower than it is when the heater is not being bypassed. This speed reduction can reduce the electrical usage of the variable speed pump and result in energy bill cost savings for the user [par. 0060]") and/or maintain a flow rate through a circulation system.
Note: claim is presented in the alternative.
With regard to claim 3, Vaughn teaches the method of claim 1, wherein the parameter is a temperature of water of the swimming pool or spa ("one or more conditions relating to the heater 30 can include the temperature of the water flowing between the first inflow port 33 and the first outflow port 35 as relayed to the controller by the temperature sensor [par. 0056]") and wherein the first piece of equipment comprises a heat pump ("heater includes a heat pump [par. 0031]"), and activating the bypass valve is based on the temperature of the water reaching or exceeding a target temperature ("when the controller determines that the temperature of the water is above a second preconfigured threshold the heater control board 32 can disengage the heating mode and the controller can identify the operating state as an intermediate state where the valve 34 attenuates flow of the water from the pool into the first inflow by directing the water received from the pool to flow into both the heater bypass 23 and the first inflow port 33 [par. 0056]").
With regard to claim 4, Vaughn teaches the method of claim 1, wherein controlling operation of the second piece equipment is configured to maintain a flow rate of water through the circulation system and/or reduce energy consumption ("when the heater 30 is being bypassed, a speed of a variable flow pump's motor that pumps water to the heater 30 can be reduced because a total dynamic head of the system will be lower than it is when the heater is not being bypassed. This speed reduction can reduce the electrical usage of the variable speed pump and result in energy bill cost savings for the user [par. 0060]").
Note: claim is presented in the alternative.
With regard to claim 5, Vaughn teaches the method of claim 4, wherein controlling the second piece of equipment comprises controlling a filtration pump by reducing a speed of the filtration pump ("when the heater 30 is being bypassed, a speed of a variable flow pump's motor that pumps water to the heater 30 can be reduced because a total dynamic head of the system will be lower than it is when the heater is not being bypassed. This speed reduction can reduce the electrical usage of the variable speed pump and result in energy bill cost savings for the user [par. 0060]" and "filter [par. 0047]").
With regard to claim 9, Vaughn teaches the method of claim 1, wherein the bypass valve is outside of a heat pump ("valve 34 can be placed outside the housing 31 [par. 0052]" and "heater includes a heat pump [par. 0031]").
With regard to claim 10, Vaughn teaches the method of claim 1, wherein activating the bypass valve such that water bypasses the first piece of equipment comprises maintaining a minimum flow of water to the first piece of equipment ("when in the second one of the plurality of operating, the valve 34 can allow between about 5% to about 10% of the water flowing into the valve 34 to flow into the heater 30 [par. 0059]").
With regard to claim 11, Vaughn teaches the method of claim 1, wherein the first piece of equipment comprises at least one of a heater ("heater 30 [par. 0049]"), a sand filtration system, a water feature, or a water treatment system.
Note: claim is presented in the alternative.
With regard to claim 12, Vaughn teaches claim 1 above. Claim 12 recites limitations having the same scope as those pertaining to claim 1; therefore, claim 12 is rejected along the same grounds as claim 1.
Claim 12 differs from claim 1 where claim 12 recites the additional elements (which Vaughn teaches): a non-transitory computer readable storage medium comprising a plurality of instructions executable by one or more processors, the plurality of instructions comprising instructions which, when executed by the one or more processors, cause the one or more processors to perform actions ("the control software can be stored on a transitory or non-transitory computer readable medium, including, but not limited to local computer memory, RAM, optical storage media, magnetic storage media, flash memory, and the like, and some or all of the control circuitry, the programmable processors, and the control software can execute and control at least some of the methods described herein [par. 0085]").
With regard to claim 13, Vaughn teaches the non-transitory computer readable storage medium of claim 12, wherein the first piece of equipment comprises at least one of a heater ("heater 30 [par. 0049]"), a sand filtration system, a water feature, a heat pump, or a water treatment system, and
wherein the second piece of equipment comprises a filtration pump ("a variable speed pump [par. 0047]" and "filter [par. 0047]").
Note: claim is presented in the alternative.
With regard to claim 14, Vaughn teaches the non-transitory computer readable storage medium of claim 12, wherein the instructions for controlling operation of the second piece of equipment comprise instructions controlling operation of the second piece equipment to maintain a flow rate of water through the circulation system and/or reduce energy consumption ("when the heater 30 is being bypassed, a speed of a variable flow pump's motor that pumps water to the heater 30 can be reduced because a total dynamic head of the system will be lower than it is when the heater is not being bypassed. This speed reduction can reduce the electrical usage of the variable speed pump and result in energy bill cost savings for the user [par. 0060]").
Note: claim is presented in the alternative.
With regard to claim 15, Vaughn teaches a pool system comprising a circulation system ("pool or spa system 20 can include a heating system 22 [par. 0047]"), the circulation system comprising:
a bypass valve ("valve 34 is coupled to the heater bypass 23 [par. 0052]") for controlling a flow of water relative to a first piece of equipment ("valve 34 that is configured to control flow of water into and out of the heater 30 [par. 0049]"); and
a controller ("a controller such as the heater control board 32, the central controller 24, and/or the portable user device 26 [par. 0051]") configured to:
receive sensor data from at least one sensor, the sensor data comprising a parameter associated with performance of the first piece of equipment of the pool system ("one or more conditions relating to the heater 30 can include the temperature of the water flowing between the first inflow port 33 and the first outflow port 35 as relayed to the controller by the temperature sensor [par. 0056]");
compare the parameter relative to a target for the parameter ("when the controller determines that the temperature of the water is above a second preconfigured threshold [par. 0056]");
responsive to the parameter reaching or exceeding the target, activating the bypass valve such that the flow of water bypassing the first piece of equipment is greater than the flow of water to the first piece of equipment ("when the controller determines that the temperature of the water is above a second preconfigured threshold the heater control board 32 can disengage the heating mode and the controller can identify the operating state as an intermediate state where the valve 34 attenuates flow of the water from the pool into the first inflow by directing the water received from the pool to flow into both the heater bypass 23 and the first inflow port 33 [par. 0056]" and "the valve 34 can allow between about 5% to about 10% of the water flowing into the valve 34 to flow into the heater 30 [par. 0059]"); and
responsive to activating the bypass valve, controlling operation of a second piece of equipment of the circulation system ("when the heater 30 is being bypassed, a speed of a variable flow pump's motor that pumps water to the heater 30 can be reduced because a total dynamic head of the system will be lower than it is when the heater is not being bypassed [par. 0060]").
With regard to claim 16, Vaughn teaches the pool system of claim 15, wherein the second piece of equipment comprises at least one of a pump ("pump [par. 0060]") or a filtration system, and wherein controlling operation of the second piece of equipment is configured to reduce energy consumption ("a speed of a variable flow pump's motor that pumps water to the heater 30 can be reduced because a total dynamic head of the system will be lower than it is when the heater is not being bypassed. This speed reduction can reduce the electrical usage of the variable speed pump and result in energy bill cost savings for the user [par. 0060]") and/or maintain a flow rate through the circulation system.
Note: claim is presented in the alternative.
With regard to claim 17, Vaughn teaches the pool system of claim 15, further comprising the at least one sensor configured to detect the parameter associated with performance of the first piece of equipment ("one or more conditions relating to the heater 30 can include the temperature of the water flowing between the first inflow port 33 and the first outflow port 35 as relayed to the controller by the temperature sensor [par. 0056]").
With regard to claim 18, Vaughn teaches the pool system of claim 17, wherein the at least one sensor is a temperature sensor ("temperature sensor [par. 0056]"), and wherein the first piece of equipment is a heat pump ("heater includes a heat pump [par. 0031]").
With regard to claim 20, Vaughn teaches the pool system of claim 15, wherein the first piece of equipment comprises at least one of a heater ("heater 30 [par. 0049]"), a sand filtration system, a water feature, or a water treatment system.
Note: claim is presented in the alternative.
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.
Claims 6, 8, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Vaughn.
With regard to claim 6, Vaughn teaches the method of claim 4, wherein controlling the second piece of equipment comprises reducing a water filtration time in a filtration pump ("in some embodiments, the one or more additional components can include one or more variable speed pumps that alter the flow rate of the water to enable low speed filtering and a high speed skimming period where debris is evacuated on the surface of the pool [par. 0078]").
It would have been obvious to one of ordinary skill in the art at the time of filing the invention to have controlled Vaughn's heating system, to include a high speed skimming period when the heater is bypassed, for the benefit of quickly evacuating debris from the pool.
With regard to claim 8, Vaughn teaches the method of claim 1, wherein the bypass valve is within a heat pump ("the heater 52 can include a housing 53 in which a heater bypass 58, a condenser 60, a heater control board 56, and a valve 54 are provided [par. 0071]" and "heater includes a heat pump [par. 0031]").
Vaughn teaches various embodiments where the bypass valve can be placed within the heater housing [par. 0071] and placed outside the heater housing [par. 0052 and 0071]. Vaughn further teaches, "further arrangements of the one or more additional components in the pool or spa system 20 as would be known to those of ordinary skill in the art are also contemplated [par. 0070]."
It would have been obvious to one of ordinary skill in the art at the time of filing the invention to have rearranged the placement of the bypass valve to be either within or outside the heater, since the function of the bypass valve would still be the same in either arrangement and would predictably allow water to bypass the heater.
With regard to claim 19, Vaughn teaches the pool system of claim 15, wherein the bypass valve is within the first piece of equipment ("the heater 52 can include a housing 53 in which a heater bypass 58, a condenser 60, a heater control board 56, and a valve 54 are provided [par. 0071]").
Vaughn teaches various embodiments where the bypass valve can be placed within the heater housing [par. 0071] and placed outside the heater housing [par. 0052 and 0071]. Vaughn further teaches, "further arrangements of the one or more additional components in the pool or spa system 20 as would be known to those of ordinary skill in the art are also contemplated [par. 0070]."
It would have been obvious to one of ordinary skill in the art at the time of filing the invention to have rearranged the placement of the bypass valve to be either within or outside the heater, since the function of the bypass valve would still be the same in either arrangement and would predictably allow water to bypass the heater.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Vaughn in view of Driscoll et al. [US Pub. 2023/0127979] ("Driscoll").
With regard to claim 7, Vaughn teaches the method of claim 1, wherein the first piece of equipment is a heat pump ("heater includes a heat pump [par. 0031]"), wherein the method further comprises receiving a flow rate of water through the circulation system and when the heat pump is heating the water ("in some embodiments, the one or more conditions monitored by the controller can include … flow rate of water through the pool or spa system 20 as directed by some of the one or more additional components [par. 0078]").
Vaughn does not explicitly teach wherein controlling operation of equipment comprises controlling a filtration pump to maintain the flow rate through the circulation system.
In an analogous art (pool pumps) Driscoll teaches wherein controlling operation of equipment comprises controlling a filtration pump to maintain the flow rate through the circulation system (see [table 3] where no circulation pump speed change is performed and "maintain swimming pool water flow rate [claim 1]").
Driscoll further teaches, "It is difficult, if not impossible, for a person to determine if a heat pump, circulating pump, and bypass valve are configured to provide optimal heat transfer from the heat pump while maintaining optimal flow rate through the circulating system, including in many case a filter [par. 0012]."
It would have been obvious to one of ordinary skill in the art at the time of filing the invention to have included Driscoll's teachings of controlling a filtration pump to maintain a flow rate, with the teachings of Vaughn, for the benefit of operating the pool system at an optimal flow rate.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Mc Queen et al. [US Pub. 2013/0291948] teaches where a motorized diverter valve may be used to divert water away from a heat exchanger when the exchanger is not in use. Instead, the diverted water may flow through a lower-loss system to the next downstream component of the system.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VINCENT W CHANG whose telephone number is (571)270-1214. The examiner can normally be reached (M-F) 10:00 am - 6:00 pm.
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, Mohammad Ali can be reached at 571-272-4105. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
VINCENT WEN-LIANG CHANG
Examiner
Art Unit 2119
Prosecution Insights