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)(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) 1-14 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US 3,781,925 (hereinafter Curtis).
Regarding claim 1, Curtis discloses a method of heating a pool system comprising a swimming pool (11) and a spa (12), the method comprising operating the pool system with a circulation system comprising a single heater (13) and a single pump (14) by: operating the pool system in a spa mode in which water is only circulated through the circulation system and the spa, and water of the spa is isolated from water of the pool (see col. 1, lines 17-21); operating the pool system in a pool mode in which water is only circulated through the circulation system and the pool (see col. 2, lines 17+), and water of the spa is isolated from water of the pool (see col. 2, lines 35+); and automatically switching between the spa mode and the pool mode to maintain the swimming pool at a first set point temperature (see col. 1, lines 22-26: “water temperature at the appropriate level” for the swimming pool) water and the spa at a second set point temperature (see col. 1, lines 22-26: “water temperature at the appropriate level” for the therapeutic pool) without substantially mixing water of the swimming pool and water of the spa.
Regarding claim 2, the method of claim 1, further comprising receiving or obtaining the first set point temperature for the swimming pool (via main control 15) and the second set point temperature for the spa (via spa control 17) from a user.
Regarding claim 3, the method of claim 1, further comprising: receiving a first detected temperature of the swimming pool from a first sensor (thermostat 61); and receiving a second detected temperature of the spa from a second sensor (thermostat 53), wherein automatically switching between the spa mode and the pool mode is based on at least one of the first detected temperature or the second detected temperature (see col. 5, lines 29-52).
Regarding claim 4, the method of claim 3, further comprising: controlling the pool system to be in the spa mode when the second detected temperature is less than the second set point temperature (see col. 5, lines 12-19); and controlling the pool system to be in the pool mode when the first detected temperature is less than the first set point temperature and the second detected temperature is at least equal to the second set point temperature (see col. 4, lines 53+).
Regarding claim 5, the method of claim 3, further comprising: controlling the pool system to be in the pool mode when the first detected temperature is less than the first set point temperature (see col. 4, lines 53+); and controlling the pool system to be in the spa mode when the second detected temperature is less than the second set point temperature and the first detected temperature is at least equal to the first set point temperature (see col. 5, lines 3-19).
Regarding claim 6, the method of claim 1, wherein the circulation system comprises a circulation flow controller (valve 16 in the supply side) for selectively controlling a flow of water from a circulation system to the swimming pool and the spa and a return flow controller (valve 16 in the return side) for selectively controlling a flow of water from the swimming pool and the spa to the circulation system, and wherein automatically switching between the spa mode and the pool mode comprises controlling the circulation flow controller and the return flow controller.
Regarding claim 7, the method of claim 1, wherein the first set point temperature (about 80 degrees Fahrenheit) is less than the second set point temperature (105 degrees Fahrenheit).
Regarding claim 8, Curtis discloses a pool control system (see Fig. 1) for a pool system comprising a swimming pool (11) and a spa (12), wherein the pool control system is configured to control a flow of water in the pool system to maintain the swimming pool at a first set point temperature (see col. 1, lines 22-26: “water temperature at the appropriate level” for the swimming pool) and the spa at a second set point temperature (see col. 1, lines 22-26: “water temperature at the appropriate level” for the spa pool) with a circulation system comprising a single heater (13) and a single pump (14) by: operating the pool system in a spa mode in which water is only circulated through the circulation system and the spa, and water of the spa is isolated from water of the pool (see col. 1, lines 17-21); operating the pool system in a pool mode in which water is only circulated through the circulation system and the pool, and water of the spa is isolated from water of the pool; and automatically switching between the spa mode and the pool mode to maintain the swimming pool at a first set point temperature and the spa at a second set point temperature without substantially mixing water of the swimming pool and water of the spa(see col. 1, lines 22-26).
Regarding claim 9, the pool control system of claim 8, wherein the first set point temperature (about 80 degrees Fahrenheit) is less than the second set point temperature (105 degrees Fahrenheit).
Regarding claim 10, the pool control system of claim 8, further comprising: a first temperature sensor (thermostat 61) configured to detect a first temperature of the water of the swimming pool; and a second temperature sensor (thermostat 53) configured to detect a second temperature of the water of the spa, wherein the pool control system is configured to automatically switch between the spa mode and the pool mode is based on at least one of the first temperature or the second temperature (see col. 5, lines 3-19).
Regarding claim 11, the pool control system of claim 10, wherein the pool control system is configured to: control the pool system to be in the spa mode when the second detected temperature is less than the second set point temperature (see col. 5, lines 3-19); and control the pool system to be in the pool mode when the first detected temperature is less than the first set point temperature and the second detected temperature is at least equal to the second set point temperature (see col. 4, lines 53+).
Regarding claim 12, the pool control system of claim 10, wherein the pool control system is configured to: control the pool system to be in the pool mode when the first detected temperature is less than the first set point temperature (see col. 5, lines 3-19); and control the pool system to be in the spa mode when the second detected temperature is less than the second set point temperature and the first detected temperature is at least equal to the first set point temperature (see col. 5, lines 3-19).
Regarding claim 13, the pool control system of claim 8, further comprising: a circulation flow controller (valve 16 in the supply side) for selectively controlling a flow of water from the circulation system to the swimming pool and the spa; and a return flow controller (valve 16 in the return side) for selectively controlling a flow of water from the swimming pool and the spa to the circulation system, wherein the pool control system is configured to automatically control the circulation flow controller and the return flow controller such that the pool system is in the spa mode or the pool mode.
Regarding claim 14, the pool system comprising the pool control system of claim 8, the swimming pool (11), and the spa (12).
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) 15-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Curtis in view of US 11,523,968 (hereinafter Doan).
Regarding claim 15, Curtis teaches the operation of a pool system as claimed as discussed regarding claim 1 above except for a non-transitory computer readable storage medium comprising a plurality of instructions executable by one or more processors to carry out the method of claim 1. Attention is directed to the Doan reference which teaches an analogous pool system utilizing a computer-implemented method for controlling a swimming pool and spa system, wherein the computer (a non-transitory computer readable storage medium as claimed) is a control system of Fig. 6 of the Doan reference includes processor (602) to carry out a plurality of instructions of the pool and spa system. 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 control system (15, 17) of Curtis with a control system (Fig. 6) as taught by Doan, 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.
Regarding claim 16, the combination of claim 15 discussed above includes the instructions further comprise instructions causing the one or more processors to receive or obtain the first set point temperature for the swimming pool and the second set point temperature for the spa from a user as discussed regarding claim 2 above.
Regarding claim 17, the combination of claim 15 discussed above includes the instructions further comprise instructions causing the one or more processors to perform actions including: receiving a first detected temperature of the swimming pool from a first sensor; and receiving a second detected temperature of the spa from a second sensor, wherein automatically switching between the spa mode and the pool mode is based on at least one of the first detected temperature or the second detected temperature as discussed regarding claim 3 above.
Regarding claim 18, the combination of claim 15 discussed above includes the instructions further comprise instructions causing the one or more processors to perform actions including: controlling the pool system to be in the spa mode when the second detected temperature is less than the second set point temperature; and controlling the pool system to be in the pool mode when the first detected temperature is less than the first set point temperature and the second detected temperature is at least equal to the second set point temperature as discussed regarding claim 4 above.
Regarding claim 19, the combination of claim 15 discussed above includes the instructions further comprise instructions causing the one or more processors to perform actions including: controlling the pool system to be in the pool mode when the first detected temperature is less than the first set point temperature; and controlling the pool system to be in the spa mode when the second detected temperature is less than the second set point temperature and the first detected temperature is at least equal to the first set point temperature as discussed regarding claim 5 above.
Regarding claim 20, the combination of claim 15 discussed above includes the first set point temperature is less than the second set point temperature as discussed regarding claim 7 above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 3,623,165 (Whittell, Jr.) teaches an analogous pool system with a single pump and a single heater for a swimming pool (10) and a spa (58) having a filter (a feature of the instant invention not being claimed).
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/TUAN N NGUYEN/ Primary Examiner, Art Unit 3754
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