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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 02 JUNE 2026 has been entered.
Election/Restrictions
Newly submitted claims 29-30 are directed to an invention that is independent or distinct from the invention originally claimed for the following reasons: Group I: Claims 1, 3-4, 10-12, and 17-28 pertain to an apparatus and Group II: claims 29-30 pertain to a method of using the apparatus.
Inventions Group I and Group II are related as process and apparatus for its practice. The inventions are distinct if it can be shown that either: (1) the process as claimed can be practiced by another and materially different apparatus or by hand, or (2) the apparatus as claimed can be used to practice another and materially different process. (MPEP § 806.05(e)). In this case the method of using the swimming pool robot requires the use of the robot within a swimming pool to filter the swimming pool water where the swimming pool robot may be used in any body of fluid, including ponds and lakes. Furthermore, dependent limitations of the swimming pool robot include cameras and image detection, meaning the robot can be used for mapping different bodies of water rather than simply for filtering as the method describes.
Since applicant has received an action on the merits for the originally presented invention, this invention has been constructively elected by original presentation for prosecution on the merits. Accordingly, claims 29-30 withdrawn from consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and MPEP § 821.03.
To preserve a right to petition, the reply to this action must distinctly and specifically point out supposed errors in the restriction requirement. Otherwise, the election shall be treated as a final election without traverse. Traversal must be timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are subsequently added, applicant must indicate which of the subsequently added claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
Response to Amendment
The amendment filed on 02 JUNE 2026 has been entered.
In view of the amendment to the claims, the amendment of claims 1, 3-4, and 10-12, the cancellation of claims 2, 5-9, and 13-16, and the addition of new claims 17-30 have been acknowledged.
Pending Claims: 1, 3-4, 10-12, and 17-30
Withdrawn Claims: 29-30
Cancelled Claims: 2, 5-9, and 13-16
In view of the cancellation of claims 2, 5-9, and 13-16, the rejections of claims 2, 5-9, and 13-16 have been withdrawn.
In view of the amendment to claim 1, the rejection under 35 U.S.C. 103 of claim 1 has been changed to a rejection under 35 U.S.C. 102.
Response to Arguments
Applicant’s arguments filed on 02 JUNE 2026 have been fully considered.
Applicant argues that Wang and Stone do not teach the limitations of instant claim 1 (Arguments filed 02 JUNE 2026, Pages 8-14)
Applicant’s arguments with respect to instant claim 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant argues that instant claims 3, 4, and 10-12 are allowable because instant claim 1 is allowable and they depend upon instant claim 1 (Arguments filed 02 JUNE 2026, Page 14, Paragraph 5).
Regarding Applicant’s argument, instant claim 1 is not allowable and so instant claims 3, 4, and 10-12 are also not allowable.
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.
(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.
Claims 1, 11, 17-19, 21, and 27-28 are rejected under 35 U.S.C. 102(a)(1) & (a)(2) as being anticipated by Zhang, Chinese Patent Application No. CN 117120696 A (hereinafter Zhang).
Regarding Claim 1, Zhang discloses a pool cleaning robot (i.e., a swimming pool robot, comprising; Paragraph n0001)
with a body (i.e., a body; Fig. 2),
two tracks (i.e., two moving mechanisms; Fig. 2, #130) that drive the movement of the pool robot on the bottom wall and are located on the sides of the pool robot (i.e., disposed on two sides of the body, wherein the two moving mechanisms are configured to drive the swimming pool robot to move on a bottom of a swimming pool and/or a wall of the swimming pool, the two moving mechanisms comprising a first moving mechanism and a second moving mechanism; Fig. 6A, #310; Paragraphs n0058-n0059),
three thrusters (i.e., a propulsion assembly, wherein the propulsion assembly comprises; Figs. 2 and 5, #120, 112)
which can be seen to have the inlet and outlet located in line and on the side of the swimming pool robot such that water flows through the thruster independently of other flow paths of the swimming pool robot and is located on the housing of the swimming pool robot, which is located on the tracks (i.e., a flow channel comprising a first inlet and a fluid spraying opening, the fluid spraying opening being disposed on the first moving mechanism; Figs. 2 and 5, Paragraphs n0041, n0053),
and includes an impeller (i.e., a first impeller disposed inside the flow channel; Paragraph n0055)
and a motor assembly (i.e., and a first motor configured to drive the first impeller to rotate thereby forming a first water path defined by the first inlet, the flow channel, and the fluid spraying opening, fluid being driven through the first water path by the first impeller; Paragraph n0055),
wherein the swimming pool robot has a dust box that includes a filter disposed inside the body (i.e., a filtering box at least partially disposed inside the body; Fig. 9, # 410; Paragraph n0080),
with an inlet for the dust box (i.e., a second inlet; Fig. 9, #412) located on the bottom of the body (i.e., disposed on a bottom portion of the body; Paragraph n0074),
an outlet (i.e., an outlet; Fig. 9, #142) located on the top of the body (i.e., at least partially disposed on a top portion of the body; Paragraph n0063),
and a main water pump (i.e., a main water pump; Fig. 9, #140) that draws water from one or more inlets and discharges it from the outlet, seen to be located within the swimming pool robot (i.e., disposed inside the body, thereby forming a second water path defined by the second inlet, the filtering box, and the outlet, fluid being driven through the second water path by the main water pump; Fig. 9; Paragraph n0063),
wherein the thrusters (#120) are located externally and thus do not interact with the main water pump making the thruster water path separate and bypassing the filtering box (i.e., the first water path is separate from the second water path, and the first water path bypasses the filtering box; Figs. 2, 4A, 4B, 5, 6A, 6B, 6C, 8).
Regarding Claim 11, Zhang further discloses the inclusion of a detection component that includes taking images of the target swimming pool (i.e., further comprising at least one of at least one image capturing part configured to capture an image; Paragraph n0091).
Regarding Claim 17, Zhang further discloses that the thrusters have an outer covering forming a mostly cylindrical shape (i.e., comprising a first cavity; Fig. 2, #120) which contains the impeller and forms a cavity through which the water flows through the thruster (i.e., wherein the first water path is further defined by the first cavity; Paragraph n0053) and the dust box (i.e., and a second cavity; Fig. 9, #410) forms another cavity that water is filtered through and contains garbage (i.e., at least a portion of the filtering box is disposed in the second cavity, and the second water path is further defined by the second cavity; Paragraph n0072).
Regarding Claim 18, Zhang further discloses a main water pump inlet (Fig. 7A, #141) which can be used to discharge liquid by switching the function of the main water pump (i.e., comprising a second liquid discharge opening; Paragraph n0064) wherein all of the fluid paths are in fluid communication by having outlets disposed around the swimming pool robot such that water of the pool may freely flow between the fluid paths (i.e., providing fluid communication between the second cavity and the first cavity; Fig. 4A).
Regarding Claim 19, Zhang further discloses the main water pump outlet (i.e., a first liquid outlet; Fig. 7A, #142) located on the dust box (i.e., disposed on the second cavity)
wherein the main water pump inlet (i.e., a second liquid outlet; Fig. 7A, #141) located on the bottom of the swimming pool robot (i.e., disposed on the bottom portion of the body) can be used to discharge liquid by rotating the main water pump in the opposite direction such that the main water pump outlet draws in water (i.e., wherein, when the swimming pool robot is in a water exit mode, the second cavity, the first liquid outlet, and the second liquid outlet are sequentially in fluid communication to form a third water path configured to discharge liquid from the body when the swimming pool robot is in the water exit mode; Paragraph n0064).
Regarding Claim 21, Zhang further discloses that the main water pump includes an impeller and motor assembly (i.e., wherein the main water pump comprises a second impeller and a second motor configured to drive the second impeller to rotate; Paragraph n0064).
Regarding Claim 27, Zhang further discloses the main water pump (Fig. 7B, #140) has a cover (i.e., a cover body) with an inlet to the pump (i.e., a second liquid discharge opening configured to provide fluid communication between the filtering box and the main water pump) and outlet, seen in Fig. 7B below, where the cover of the pump will be sealed on both sides (i.e., a first end of the cover body sealingly covers the second liquid discharge opening, and a second end of the cover body sealingly covers the outlet). Pumps require a sealed connection for several reasons, including maintaining operating pressure and preventing leaks.
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Regarding Claim 28, Zhang further discloses a cover over the wheels for the track (i.e., wherein the first moving mechanism comprises an outer cover plate; Fig. 2, #130)
and the fluid spraying opening of the first thruster is located on the top of the body (i.e., the fluid spraying opening communicates with an exterior of the body through one of; Fig. 5, #112) and can be seen to have a grill disposed upon it (i.e., a grill disposed on the fluid spraying opening; Fig. 5).
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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 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang, Chinese Patent Application No. CN 117120696 A (hereinafter Zhang) as applied to claim 1 above, and further in view of Witelson et al, US Patent Application No. US 20190284827 A1 (hereinafter Witelson).
Regarding Claim 3, Zhang further teaches that the tracks include two wheels on each side with a track wrapping them that forms a region between these elements (i.e., wherein at least one of the two moving mechanisms comprises two moving wheels and a track wrapped around the two moving wheels, a region being formed between the track and the two moving wheels; Figs. 2 and 5, #130). Zhang also teaches multiple thrusters and that they are known to be installed in various positions and that both vertical and horizontal driving forces are contemplated with the thrusters controlling the direction of propulsion for steering with the preferred location of the horizontal thrusters being below the flotation devices so that the thrusters are not above the water when the swimming pool robot is cleaning the surface of the pool (Paragraphs n0051-n0057).
Zhang does not teach at least a portion of the flow channel is located in the region.
However, Witelson teaches an outlet for fluid (Fig. 6, #513) located on the side of housing (Fig. 6, #510) and between the wheels that can include a jet propulsion mechanism (i.e., at least a portion of the flow channel is located in the region; Fig. 6, #502) in the form of side jets such that the swimming pool robot can travel in an upright position to contact charging coils with a charging station (Paragraphs 0057-0065 and 0093-100).
Witelson is analogous to the claimed invention because it pertains to a pool cleaning robot (Abstract). It would have been obvious to one of ordinary skill in the art at the time of filing the instant claimed invention to modify the thruster locations as taught by Zhang to be located at the side in the region between the wheels and the track as taught by Witelson because the thruster location would allow the robot to travel in an upright position to contact charging coils to a charging station.
Regarding Claim 4, Zhang further teaches a cover over the wheels for the track (i.e., wherein at least one of the two moving mechanism comprises an outer cover plate configured to cover at least the two moving wheels of the at least one moving mechanism; Fig. 2, #130)
and the fluid spraying opening of the first thruster (Fig. 5, #112) can be seen to have a grill disposed upon it (i.e., a grill disposed on the fluid spraying opening; Fig. 5).
Witelson further teaches the location of the fluid outlet and side jet being between the wheels (Fig. 6, #513, 502; Paragraphs 0057-0065 and 0093-100).
It would be obvious to one of ordinary skill in the art at the time of filing the instant claimed invention to modify the grill and thruster as taught by Zhang to be through the cover plate when using the thruster location teaching of Witelson because the thruster location would allow the robot to travel in an upright position to contact charging coils to a charging station.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Zhang.
Regarding Claim 10, Zhang further teaches a handle located on the top of the swimming pool robot (i.e., further comprising a handle configured to allow a user to lift the swimming pool robot; Fig. 7B), seen below. Without exact dimension, it is unclear whether the handle is closer to one of the three thrusters (112, 120) or the dust box opening (412), but the handle appears to be closer to the central thruster than to the dust box opening, also seen below (i.e., wherein the flow channel is closer to the handle than the second inlet or the filtering box; Fig. 7B).
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Zhang does not explicitly teach wherein the flow channel is closer to the handle than the second inlet or the filtering box. However, the particular placement of a part is seen as an obvious matter of a design choice and is a simple rearrangement of parts (In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975); MPEP 2144.04(VI)(C)).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Zhang as applied to claim 11 above, and further in view of Boss, US Patent Application No. US 20180001981 A1 (hereinafter Boss).
Regarding Claim 12, Zhang does not teach at least one fill light configured to adjust brightness of at least part of the at least one image capturing part.
However, Boss teaches that a hull may comprise a camera (Fig. 7, #62) located behind a window (Fig. 2, #66) and between lights (i.e., at least one fill light; Fig. 2, #64) with the lights being positioned near the camera and facing the same direction for the purpose of illuminating the photo/video target area with the ability to provide variable intensity lighting (i.e., configured to adjust brightness of at least part of the at least one image capturing part; Paragraph 0041).
Boss is analogous to the claimed invention because it pertains to marine technology including remotely controlled vehicles and devices that operate underwater (Paragraphs 0002-0003). It would have been obvious to one of ordinary skill in the art to modify the swimming pool cleaning robot as taught by Zhang with the lights as taught by Boss because the lights would illuminate the camera area with variable intensity lighting.
Claims 20, 22-23, and 26 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang as applied to claims 19 and 21 above, and further in view of Hanan et al, US Patent Application No. US 20170356212 A1 (hereinafter Hanan).
Regarding Claim 20, Zhang does not teach comprising a baffle plate rotatably disposed on the body, the baffle plate having a first state in which the baffle plate blocks the second liquid outlet and a second state in which the baffle plate does not block at least a portion of the second liquid outlet.
However, Hanan teaches a lower discharge opening (i.e., the second liquid outlet; Fig. 4, #44) which is normally closed by a covering (i.e., a baffle plate; Fig. 4, #45) using magnetic or mechanical means seen to be able to attach at one side and rotate open/closed (i.e., rotatably disposed on the body) and can be actuated by pressure or electronic control signals (Fig. 4; Paragraph 0054) for the purpose of covering an alternate opening to the main water pump so that the main water pump can aid in the propulsion of the swimming pool robot such that it can rise from the floor of a pool to the waterline for retrieval by a user (i.e., the baffle plate having a first state in which the baffle plate blocks the second liquid outlet and a second state in which the baffle plate does not block at least a portion of the second liquid outlet; Paragraph 0057) without going through the filter (Fig. 7, #90, Paragraph 0047).
Hanan is analogous to the claimed invention because it pertains to a pool cleaner (Abstract). It would have been obvious to one of ordinary skill in the art at the time of filing the instant claimed invention to modify the main water pump inlet of Zhang’s swimming pool robot with the cover as taught by Hanan because the cover would allow the main water pump to aid in propulsion that directs the swimming pool robot to the surface without pushing water backwards through the filter.
Regarding Claim 22, Zhang further teaches a microcontroller included in the swimming pool robot (i.e., comprising an electronic control box; Paragraph n0043).
Zhang does not explicitly teach having a sealed cavity wherein the second motor is positioned within the sealed cavity and the second motor comprises an output shaft beyond the sealed cavity and operably coupled to the second impeller.
However, Hanan teaches that an on-board controller (i.e., comprising an electronic control box; Fig. 13, #46) includes electronic circuitry that provides power to the pump motors and is installed in the housing of the pump motor (i.e., having a sealed cavity wherein the second motor is positioned within the sealed cavity; Fig. 7, #81; Paragraph 0074)
wherein the water pump assembly (Fig. 7, #80) includes an electric motor having a drive shaft (Fig. Fig. 7, #82) attached to the propeller (Fig. 7, #83) that extends out of the housing (i.e., and the second motor comprises an output shaft beyond the sealed cavity and operably coupled to the second impeller; Paragraph 0060). While Hanan does not explicitly teach a sealed cavity, it is well known that electronics cannot be exposed directly to pool water and maintain their function and so it is inherent that the housing of the electric motor containing the on-board controller is sealed.
It would have been obvious to one of ordinary skill in the art to modify the motor and electronic controller as taught by Zhang to be located together in the motor housing as taught by Hanan because the controller provides power to the motor, so the close proximity of the two devices is preferable.
Regarding Claim 23, Hanan further teaches a battery (i.e., comprising a battery pack; Fig. 12, #92; Paragraph 0040) shown to be included in the water pump assembly alongside the electronic controller (i.e., positioned within the sealed cavity; Fig. 12, #46, 80, 92) and wherein the battery supplies power to the electric motor as a well-known alternative to an electric power cable (i.e., and operably coupled to the second motor; Paragraph 0049).
Regarding Claim 26, Zhang further teaches a handle located on the top of the swimming pool robot (i.e., comprising a handle disposed on the body and configured to allow a user to lift the swimming pool robot; Fig. 7B), seen below.
Hanan further teaches an external handle (Fig. 6, #75; Paragraph 0042) located on the side of the motor housing (Fig. 6 and 12, #80) which contains the battery (Fig. 12, #92) and is between the filter (Fig. 6, #90; Paragraph 0040) and the handle (i.e., wherein the battery pack is closer to the handle than the filtering box).
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Claims 24-25 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang in view of Hanan as applied to claim 23 above, and further in view of Lancry et al, US Patent Application No. US 20220220761 A1 (hereinafter Lancry).
Regarding Claim 24, Zhang in view of Hanan does not teach at least two charging sheets disposed at the bottom portion of the body and operably coupled to the battery pack, the at least two charging sheets being configured to allow the battery pack to be recharged by an external power source.
However, Lancry teaches three electrically conductive portions (Fig. 3D, #111) that are conductive pads (i.e., at least two charging sheets; Fig. 3D, #114) that are used to charge and recharge the stores of electricity in the battery block (Fig. 3D, #10; Paragraph 0034) located at the bottom (Fig. 3D, #91) of the chassis (i.e., disposed at the bottom portion of the body; Paragraph 0040) and a charging system (Fig. 5, #90) for selectively recharging the batteries of the battery block in the APC (i.e., and operably coupled to the battery pack, the at least two charging sheets being configured to allow the battery pack to be recharged by an external power source; Fig. 5, #24; Paragraph 0042).
Lancry is analogous to the claimed invention because it pertains to an automatic swimming pool cleaner (Abstract). It would have been obvious to one of ordinary skill in the art at the time of filing the instant claimed invention to modify the swimming pool robot made obvious by Zhang in view of Hanan with the conductive pads as taught by Lancry because the conductive pads would allow for the battery pack to be recharged while attached to the swimming pool robot from a charging station.
Regarding Claim 25, Zhang further teaches a main water pump inlet (Fig. 8, #141) located on the bottom of the robot which can be used to discharge liquid by switching the function of the main water pump (i.e., comprising a second liquid outlet disposed on the bottom of the body, wherein the second liquid outlet is configured to allow liquid in the swimming pool robot to be discharged; Paragraph n0064).
Lancry further teaches that the conductive pads are located at a far end of the swimming pool robot.
Zhang in view of Hanan in view of Lancry does not explicitly teach the second inlet is located between the at least two charging sheets and the second liquid outlet. However, the particular placement of a part is seen as an obvious matter of a design choice and is a simple rearrangement of parts (In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975); MPEP 2144.04(VI)(C)).
Conclusion
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/A.A.G./ Examiner, Art Unit 1772
/IN SUK C BULLOCK/ Supervisory Patent Examiner, Art Unit 1772
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