DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on June 19, 2026 has been entered.
Response to Amendment
The Amendment filed May 13, 2026 has been entered. Claims 1, 3 – 13, 19 and 20 are pending in the application with claims 2 and 14 – 18 being cancelled.
Claim Objections
Claims 1, 3 – 13, 19 and 20 are objected to because of the following informalities:
Claim 1, line 24: “the gaps” should read --the one or more gaps--.
Claim 1, lines 26-27: “the gaps” should read --the one or more gaps--.
Claim 3, line 3: “a first side” should read --the first side--.
Claim 3, lines 4-5: “a second opposing side” should read --the second opposing side--.
Claim 19, line 15: “the gaps” should read --the one or more gaps--.
Claim 20, lines 8-9: “the gaps” should read --the one or more gaps--.
Claims 3 – 13 are objected to for being dependent on claim 1.
Claim 20 is objected to for being dependent on claim 19.
Appropriate correction is required.
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 8 and 9 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 8 recites the limitation “a filter assembly having an impeller and the impeller coupled to the second end of the drive shaft”. It is unclear as to how the filter assembly has an impeller. In view of filed specification (see ¶17-¶20 and fig. 2), the claimed impeller is “36” which is coupled to the second end of the drive shaft (left end of drive shaft 40 in view of fig. 2) and filter assembly is “16”. The impeller 36 is within the impeller assembly 18 and therefore, it is unclear as to how the disclosed pump impeller 36 is within the filter assembly 16.
Claim 9 is rejected for being dependent on claim 8.
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.
Claim 19 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wallace et al. (AU 2012238317A1 – herein after Wallace).
Wallace discloses a method of cooling a pool pump (10; see fig. 1 and page 1, lines 4-6) comprising a motor (20), a shroud (cowl 22 + insert 24; see fig. 1, fig. 5 and fig. 10) including a space to house the motor (see fig. A below and disclosure on page 9, lines 23-24; page 11, lines 25-28; page 12, lines 1-2), a vent intake (see fig. A below; also, see page 10, lines 20-23) formed in a rear portion of the shroud (see fig. A below), a fan (40) positioned adjacent to the vent intake and coupled to the motor (20) (as evident from fig. A below), a control electronics module (18; see page 8, lines 11-12 and fig. 5) in electrical communication with the motor (20) and at least partially positioned within the shroud (for instance, in view of figs. 1, 5, 6, 10, 17 and 18, bottom portion of the module 18 with fins 62 is received within component 22 of the asserted shroud; it is to be noted that Wallace’s electronic module 18 is considered to be similarly positioned within the shroud 22+24 to that of applicant’s: in the instant application, in view of fig. 2, bottom portion of the electronics control module 18 with thermoelectric cooler 70 is within the interior space or top region corresponding to component 56 of the shroud 54+56+60; similarly in Wallace, in view of figs. 1, 5, 6, 10, 17 and 18, bottom portion of the electronics control module 18 with cooling fins is within the interior space or top region corresponding to cowl 22), and a ventilation passageway (see fig. A below; this passageway is present in view of disclosure on page 10, lines 8-11) formed between the shroud and the motor, the method comprising:
drawing (see disclosure on page 11, lines 5-28 and fig. 10) air in through the vent intake and through the ventilation passageway along substantially an entire axial length of the motor to a front outlet (see fig. A below) defined by one or more gaps between (see fig. A below) a front end of the shroud and a rear of an impeller chamber (impeller chamber being a chamber within the pump housing; see fig. 1 and disclosure on page 1, lines 25-26: “: “The wet end includes a pump housing and an impellor. The impellor is carried and driven by the forwardly projecting shaft portion”), such that airflow is constrained to travel along the ventilation passageway and is discharged through the one or more gaps at the front of the motor (as evident from airflow direction shown in fig. 10), the control electronics module (18) being positioned above (in ↑ direction, see fig. A below) the motor (20) and at least partially within the shroud (22+24) so that the airflow passes beneath the control electronics module (18), and the airflow exhausting forwardly through the front outlet (see fig. A below) after passing along the motor (20).
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Fig. A: Edited figs. 1, 10 and 12 of Wallace to show claim interpretation.
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.
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.
Claims 1, 3 – 13 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Wallace et al. (AU 2012238317A1 – herein after Wallace) in view of Ludwig, Lester F. (US 9,423,161 – herein after Ludwig).
In reference to claim 1, Wallace teaches a pool pump (10; see fig. 1 and page 1, lines 4-6) with cooling apparatus (apparatus that cools the motor and electronics module; see page 11, lines 10-28), comprising:
a motor (20) having a drive shaft (see fig. A above), the drive shaft having a first end (see fig. A above) and a second end (see fig. A above);
an impeller chamber located in front of the motor and configured to receive an impeller driven by the second end of the drive shaft [these claimed features are inherently present: see page 1, lines 25-26: “The wet end includes a pump housing and an impellor. The impellor is carried and driven by the forwardly projecting shaft portion”; in view of fig. 1 or fig. A above: the wet end 14 (pump housing + impellor) is located in front of the motor and is configured to receive the impeller driven by the second end of the drive shaft];
a shroud (cowl 22 + insert 24; see fig. 1, fig. 5 and fig. 10) extending around at least an upper portion and a lower portion of the motor between a rear end of the motor and a rear of the impeller chamber and including a space to house the motor (20) [see fig. A above and disclosure on page 9, lines 23-24; page 11, lines 25-28; page 12, lines 1-2];
a vent intake (see fig. A above; also, see page 10, lines 20-23) formed in a rear portion of the shroud (see fig. A above);
a fan (40) positioned adjacent to the vent intake and coupled to the first end of the drive shaft (see fig. A above);
a control electronics module (18; see page 8, lines 11-12 and fig. 5) in electrical communication with the motor (20) and positioned above the motor (as evident from fig. 5 and fig. 10) and at least partially received within the shroud (for instance, in view of figs. 1, 5, 6, 10, 17 and 18, bottom portion of the module 18 with fins 62 is received within component 22 of the asserted shroud; it is to be noted that Wallace’s electronic module 18 is considered to be similarly positioned within the shroud 22+24 to that of applicant’s: in the instant application, in view of fig. 2, bottom portion of the electronics control module 18 with thermoelectric cooler 70 is within the interior space or top region corresponding to component 56 of the shroud 54+56+60; similarly in Wallace, in view of figs. 1, 5, 6, 10, 17 and 18, bottom portion of the electronics control module 18 with cooling fins is within the interior space or top region corresponding to cowl 22);
a ventilation passageway (see fig. A above; this passageway is present in view of disclosure on page 10, lines 8-11) formed between the shroud and the motor, the ventilation passageway extending from the vent intake along substantially an entire axial length of the motor (20) to a front outlet (see fig. A above) defined by one or more gaps between a front end of the shroud (see fig. A above) and the rear of the impeller chamber (see fig. A above), the one or more gaps being configured to exhaust airflow forwardly from the ventilation passageway, such that airflow is directed along the ventilation passageway and discharge through the one or more gaps at the front of the motor (as evident from airflow direction shown in fig. 10); and
a cooler (heat sink 48 with fins 62; see page 10 lines 3-11, page 11 lines 10-16 and figs. 6, 7 and 10) positioned between the control electronics module (18) and the ventilation passageway (labeled in fig. A above) such that a first side (top side, in view of figs. 5-7 & 10) of the cooler is adjacent to and in thermal communication with the control electronics module (18) and a second, opposing side (bottom side, in view of figs. 5-7 & 10) of the cooler is adjacent to and exposed to the ventilation passageway, the fan (40) configured to draw air in through the vent intake and through the ventilation passageway to cool the motor and the control electronics module (see page 11, lines 5-28).
Wallace does not teach the specific type of the cooler, i.e. a “thermoelectric” cooler.
However, Ludwig teaches (see abstract and col. 3, lines 58-60) a use of a thermoelectric device that acts as a thermoelectric cooler for cooling electronic components (such as IC chips), wherein the thermoelectric cooler (“thermoelectric device”, see fig. 1d) is provided in a manner such that such that a first side (bottom side, in view of fig. 1d) of the cooler is adjacent to and in thermal communication with the control electronics module (IC chip) and a second, opposing side (top side, in view of fig. 1d) of the cooler is adjacent to and exposed to ventilation passageway (passage that has air blown by a dedicated fan).
Both Wallace and Ludwig are directed to cooling of electronic chips or control electronics in confined spaces. Thus, it would have been obvious to the person of ordinary skill in the art before the effective filing date of the invention to modify the passive cooler in the pool pump of Wallace for an active thermoelectric cooler as taught by Ludwig for the purpose of providing controllable heat removal for electronic components in confined spaces. The resulting combination would comprise a thermoelectric cooler positioned such that one side is in thermal communication with the control electronics module and the opposing side is exposed to the ventilation passageway.
In reference to claim 3, Wallace, as modified, teaches the pool pump (see figs. 10-11 of Wallace), wherein the thermoelectric cooler (modified Wallace’s cooler using the teaching of Ludwig) having the first side (top side) adjacent to the control electronics module (18; of Wallace) configured to cool the control electronics module and the second opposing side (bottom side) adjacent to the ventilation passageway.
In reference to claim 4, Wallace, as modified, teaches the pool pump, wherein the thermoelectric cooler (modified Wallace’s cooler using the teaching of Ludwig) comprises a Peltier cooling pad [Ludwig’s thermoelectric device is considered to be “Peltier cooling pad” when the device is operated as a cooler (i.e. Peltier mode)].
In reference to claim 5, Wallace teaches the pool pump, wherein the shroud (22+24) comprises a top venting shroud (24 or shroud region formed of by portions labeled P1, P2 in fig. A above and component 24) configured to fit over the control electronics module (18) [in view of disclosure on page 12, lines 8-10 and 22-26 and figs. 5, 12, 17 and 18: (a) features 80, 82 of portions P1, P2 mates with features 84, 86 of component 56 belonging to electronics module 18 and (b) insert 24 is coupled to module 18 by use of screws 88A; thus, the top venting shroud (if viewed as “24”) is configured to fit over left face (in view of fig. 5) of the control electronics module 18 OR in the alternative, the top venting shroud (if viewed as “P1+P2+24”) is configured to fit over exterior portion of the control electronics module 18].
In reference to claim 6, Wallace teaches the pool pump, wherein the shroud (22+24) comprises a bottom venting shroud (22 or shroud region formed of by portion labeled P3 in fig. A above) configured to fit over a lower portion of the motor (20) [in view of fig. A above and disclosure on page 9, lines 23-24; page 11, lines 25-28 and page 12, lines 1-2: lower portion of component 22 or portion “P3” is configured to fit partially over a lower portion of the motor 20].
In reference to claim 7, Wallace teaches the pool pump, wherein the shroud (22+24) comprises an exhaust vent (channel portion of the shroud corresponding to edges 78; see fig. A above or fig. 12) configured for the air from the vent intake to be discharged (as evident from airflow direction seen in fig. 10 or fig. A above).
In reference to claim 8, Wallace teaches the pool pump, further comprising a filter assembly (“filter assembly” = pump assembly with filtering feature; see page 2, lines 7-12) having the impeller and the impeller coupled to the second end of the drive shaft [impeller coupled to the second end of the drive shaft being an inherent feature in view of fig. 1 and disclosure on page 1, lines 25-26].
In reference to claim 9, Wallace remains silent on the pool pump, wherein the shroud (22+24) is configured to extend at least partially over the filter assembly (“filter assembly” = pump assembly with filtering feature).
Since applicant in the instant application has not disclosed any criticality associated with the shroud configured to “extend at least partially over” the filter assembly (for instance, see ¶9 and ¶26 of filed specification), it would have been obvious to the person of ordinary skill in the art before the effective filing date of the invention for configuring the shroud in Wallace’s pool pump to extend at least partially over the filter assembly as a matter of design choice since such a modification would have involve a mere change is shape/design of the shroud. One of ordinary skill in the art, furthermore, would have expected Wallace’s pool pump to perform equally well with claimed configuration of the shroud.
In reference to claim 10, Wallace teaches the pool pump, wherein (see fig. A above) the ventilation passageway passes in part under the control electronics module (18).
In reference to claim 11, Wallace teaches the pool pump, wherein (see fig. A above) the control electronics module (18) is positioned above (in ↑ direction) the motor (20).
In reference to claim 12, Wallace teaches the pool pump, wherein the motor (20) comprises a variable speed motor (see page 9, lines 25-28 and page 10, lines 1-2: “In this embodiment the bare motor 20 is a synchronous motor including a permanent magnet rotor in which the rotor's inherent magnetism follows the stator's rotating magnetic field without being energized as in an induction motor or a conventional DC motor. Being a synchronous motor, its rotational speed varies in proportion to the frequency from the VFD. The module 18 is capable of varying the speed of the motor within an operating range of 1000 rpm to 3450 rpm”).
In reference to claim 13, Wallace teaches the pool pump, wherein the motor (20) comprises a totally enclosed fan-cooled (TEFC) motor [“totally enclosed” = motor’s internal components such as stator and rotor are housed inside a sealed shell and “fan-cooled” = motor cooled by a fan blowing air on the outside of the motor housing; as evident from fig. 5, fig. 10 and disclosure on page 8, lines 13-17: the internal components of the motor are housed inside a shell or motor housing formed by components 28, 34 and 36; and the motor housing is cooled by air blown by fan 40].
In reference to claim 20, Wallace teaches the method, further comprising a cooler (heat sink 48 with fins 62; see page 10 lines 3-11, page 11 lines 10-16 and figs. 6, 7 and 10) positioned between the ventilation passageway (labeled in fig. A above) and the control electronics module (18) to cool the control electronics module such that a first side (top side, , in view of figs. 5-7 & 10) of the cooler is adjacent the control electronics module (18) and a second, opposing side (bottom side, , in view of figs. 5-7 & 10) of the cooler is exposed to the ventilation passageway, wherein airflow drawn through the ventilation passageway and exhausted through the one or more gaps at the front of the motor (as evident from airflow direction shown in fig. 10 or see fig. A above) removes heat from the second side of the cooler.
Wallace remains silent on the specific type of the cooler to be operated, i.e. operating a thermoelectric cooler.
However, Ludwig teaches (see abstract and col. 3, lines 58-60) a use of a thermoelectric device that acts as a thermoelectric cooler for cooling electronic components (such as IC chips), wherein the thermoelectric cooler (“thermoelectric device”, see fig. 1d) is provided in a manner such that such that a first side (bottom side, in view of fig. 1d) of the cooler is adjacent to and in thermal communication with the control electronics module (IC chip) and a second, opposing side (top side, in view of fig. 1d) of the cooler is adjacent to and exposed to ventilation passageway (passage that has air blown by a dedicated fan).
Both Wallace and Ludwig are directed to cooling of electronic chips or control electronics in confined spaces. Thus, it would have been obvious to the person of ordinary skill in the art before the effective filing date of the invention to modify the passive cooler in the pool pump of Wallace for an active thermoelectric cooler as taught by Ludwig for the purpose of providing controllable heat removal for electronic components in confined spaces. The resulting combination would comprise a thermoelectric cooler positioned such that one side is in thermal communication with the control electronics module and the opposing side is exposed to the ventilation passageway.
Response to Arguments
The arguments filed May 13, 2026 have been fully considered but they are moot. The amendment to independent claims 1 and 19 changed the scope of the claim. As a result, the prior arts have been re-evaluated and re-applied to these claims, in view of newly relied upon primary reference of Wallace.
Conclusion
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/CHIRAG JARIWALA/Examiner, Art Unit 3746
/ESSAMA OMGBA/Supervisory Patent Examiner, Art Unit 3746
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