DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions as discussed in the previous office action.
Response to Arguments
Applicant's arguments filed 3/3/2026 have been fully considered but they are not persuasive.
The Applicant has argued that the references do not teach or suggest associating a dehumidifier with the flow of the conduits and the building and the air to air heat exchanger as recited in the claim and that there is no suggestion to provide fluid that has passed through the floor of the building then to the dehumidifier because the cooling power when the dehumidifier is needed to reduce humidity in the building, would be diminished to such an extent there would be insufficient cooling power for the dehumidifier to function; the Office respectfully disagrees.
The first issue is that Galiyano does contemplate using the thermal energy to dehumidify the building (C6,L23-33), but does not disclose the exact solution as claimed, but Shapiro does disclose the use of geothermal energy in the dehumidification process ( Figure 30), while Des Champ (DC) discloses dehumidifier (Abstract, 1, Figure 2), engaged with an air to air heat exchanger (4, C8,L5-14). These features read on the claims.
Additionally, claim 21 requires that, “ after distributing the fluid from within the conduits with the concrete floor of the building to the conduits within the grounds surrounding and/or supporting the building, diverting at least some of the fluid exiting the conduits within the grounds surrounding and/or supporting the building to a dehumidifier operably associated with the interior of the building…”. The Office contends that this geothermal sink can be sized to accommodate the thermal load needed to not only heat or cool the building, but also dehumidify it also.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 21,23,32, and 34-38 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Galiyano (US 5,261,251), Shapiro (US 2009/0145140), and Des Champs (US 5,179,998).
Regarding claim 21, Galiyano (G) discloses a building heating and/or cooling method comprising: distributing fluid from within conduits (32, Figure 1) within a concrete floor of a building to conduits (62, Figure 1) within grounds surrounding and/or supporting the building; after distributing the fluid from within the conduits with the concrete floor of the building to the conduits within the grounds surrounding and/or supporting the building (C5, L 43-57) and a dehumidifier (C6, L23-29).
Galiyano does not disclose the details of the humidifier, specifically the steps of after distributing the fluid from within the conduits with the concrete floor of the building to the conduits within the grounds surrounding and/or supporting the building, diverting at least some of the fluid exiting the conduits within the grounds surrounding and/or supporting the building to a dehumidifier operably associated with the interior of the building, wherein the dehumidifier air intake is operably engaged with an air to air heat exchanger; and providing stale air from inside of the building to one side of the air to air heat exchanger, and providing outside air or recirculation air to the other side of the air to air heat exchanger to change the temperature of the outside air or recirculation air; after changing the temperature of the outside air or recirculation air using the air to air heat exchanger drying the outside air or recirculation air using the dehumidifier; after drying the outside air or recirculation air, providing the dried outside air or recirculation air to the building; discharging the stale air to outside the building; and returning the at least some of the fluid from the dehumidifier to the conduits within the grounds surrounding and/or supporting the building.
However, Shapiro (S) discloses a geothermal air conditioning system (Abstract) with the steps of after distributing the fluid from within the conduits with the concrete floor (This is equivalent of water flowing through the cooling coils (16B)) of the building to the conduits within the grounds surrounding and/or supporting the building (Via 18,16B, Figure 3), diverting at least some of the fluid exiting the conduits within the grounds surrounding and/or supporting the building to a dehumidifier (14A,16A,22, Figure 1) operably associated with the interior of the building and returning the at least some of the fluid from the dehumidifier to the conduits within the grounds surrounding and/or supporting the building (18, Figure 3, i.e., this is closed loop system).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this application to add a dehumidifier that uses the cold groundwater in order to better condition the space while appending the dehumidifying lines with that of the cooling lines in order to save material and lower installation costs.
Additionally, Des Champ (DC) discloses dehumidifier (Abstract, 1, Figure 2), wherein the dehumidifier air intake (45) is operably engaged with an air to air heat exchanger (4, C8,L5-14); and providing stale air from inside of the building to one side of the air to air heat exchanger (4, arrow that exits at 9), and providing outside air or recirculation air to the other side of the air to air heat exchanger (Via 3) to change the temperature of the outside air or recirculation air; after changing the temperature of the outside air or recirculation air using the air to air heat exchanger drying the outside air or recirculation air using the dehumidifier (5, i.e., refrigerator coil); after drying the outside air or recirculation air, providing the dried outside air or recirculation air to the building (C8,L25-37); discharging the stale air to outside the building;
However, Des Champ (DC) discloses a heat recovery dehumidifier suitable for use with a geothermal air conditioning system (Abstract, the thermal source is irrelevant in the HVAC system relative to humidity) with the steps of after distributing the fluid from within the conduits with the concrete floor (This is equivalent of water flowing through the cooling coils (16B)) of the building to the conduits within the grounds surrounding and/or supporting the building (Via 18,16B, Figure 3), diverting at least some of the fluid exiting the conduits within the grounds surrounding and/or supporting the building to a dehumidifier (14A, 16A,22, Figure 1) operably associated with the interior of the building, wherein the dehumidifier air intake (1) is operably engaged with an air to air heat exchanger (22); and providing stale air from inside of the building to one side of the air to air heat exchanger (14A), and providing outside air or recirculation air to the other side of the air to air heat exchanger (14B ) to change the temperature of the outside air or recirculation air; after changing the temperature of the outside air or recirculation air using the air to air heat exchanger drying the outside air or recirculation air using the dehumidifier; after drying the outside air or recirculation air, providing the dried outside air or recirculation air to the building (via 9); discharging the stale air to outside the building. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this application to utilize the ground water to cool, dehumidify, the air while using the stale air to heat the incoming cool air in order to provide a comfortable environment.
Regarding claim 23, Galiyano (G), as modified, discloses the method of claim 21 wherein the fluid is water (S- [0027]).
Regarding claim 32, Galiyano (G), as modified, discloses the method of claim 21 further comprising utilizing a plurality of directional and/or check valves (G-86, Figure 4) to control the direction of flow of the fluid within the conduits and to or from the dehumidifier.
Regarding claim 34, Galiyano (G), as modified, discloses the method of claim 33 wherein the processing circuitry is operatively coupled to one or more of a timer, humidistat, CO2 sensor, and/or an on/off switch (G-C6, L1-5, L34-47).
Regarding claim 35, Galiyano (G), as modified, discloses the method of claim 33 wherein the at least one dehumidifier is operatively associated with the supply and/or return air ducting of the building (47,49, Figure 3).
Regarding claim 36, Galiyano (G), as modified, discloses the method of claim 33 further comprising monitoring the humidity of the air in the building (G-C6, L1-5, L34-47).
Regarding claim 37, Galiyano (G), as modified, discloses the method of claim 36 further comprising: monitoring the humidity (G-C6,L23-33) to determine a humidity level and upon determining a humidity level opening at least one valve (S-(pump, baffles, controls),[0034]) to divert at least some of the fluid exiting the conduits within the grounds surrounding and/or supporting the building to the dehumidifier operably associated with the interior of the building; and opening at least another valve to return the at least some of the fluid from the dehumidifier to the conduits within the grounds surrounding and/or supporting the building. The combination does not disclose that this level is a humidity greater than 50%; and upon determining a humidity greater than 50%.
However, it would have been obvious to one of ordinary skill in the art at the time of the invention to select an appropriate humidity operating range for the specific installation, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. Please note that in the instant application, ([0039 &0050]), applicant has not disclosed any criticality (new or unexpected results produced therefrom over the prior art of record) for the claimed limitations. Additionally, since the goal is to control the humidity the flow of coolant is to be controlled, stopping and starting a pump would have the same effect as a valve.
Regarding claim 38, Galiyano (G), as modified, discloses the method of claim 37 further comprising controlling the flow of the fluid between the ground and the concrete floor to regulate the temperature within the building (G-Abstract).
Claims 22, 28, and 39 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Galiyano (US 5,261,251), Shapiro (US 2009/0145140), Des Champs (US 5,179,998), and McLaughlin (US 6,412,550).
Regarding claim 22, Galiyano (G), as modified, discloses the method of claim 21, but that the building is a commercial building and the grounds are a parking lot proximate the commercial building.
However, McLaughlin (M) discloses a method of cooling and heating buildings with stormwater (Abstract) wherein the building is a commercial building (4, Figure 1, C 6, L 21-28) and the grounds are a parking lot (C6, L11-20) proximate the commercial building. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this application to utilize the parking lot as the thermal sink of a large building due its size, proximity to the building and the ease of maintenance in the event of a leak.
Regarding claim 28, Galiyano (G), as modified, discloses the method of claim 21 wherein the building is a commercial building (4, Figure 1, C 6, L 21-28) and the grounds are a parking lot (C6, L 11-20, i.e., parking lots are typically made of concrete or asphalt and would have been an obvious design chose for any building) proximate the commercial building and covered by asphalt and/or concrete.
Regarding claim 39, Galiyano (G), as modified, discloses the method of claim 21 further comprising, prior to distributing the fluid to a dehumidifier (5, Figure 1), storing at least some of the fluid within a storage tank (1, 2a, 2b, C4, L 62- C5, L14) operatively coupled to both the dehumidifier and the conduits.
Claims 24-27 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Galiyano (US 5,261,251), Shapiro (US 2009/0145140), Des Champs (US 5,179,998), and Yoho, SR. US 2005/0167080).
Regarding claim 24, Galiyano (G), as modified, discloses the method of claim 23, but not that the method further comprises periodically distributing the water via a sprinkler system.
However, Yoho discloses a method of controlling the climate of a living space with water (Abstract) wherein the method further comprises periodically distributing the water via a sprinkler system (23, [0050]). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this application to tie the cooling system to the sprinkler system for the purpose of periodically flushing the system to prevent scale or debris to accumulate therewithin which could degrade the sprinkler system’s performance.
Regarding claim 25, Galiyano (G), as modified, discloses the method of claim 21 wherein the building is a multi- family housing unit ([0047]).
Regarding claim 26 Galiyano (G), as modified, discloses the method of claim 25 wherein the fluid is distributed to grounds surrounding the unit and exposed to the concrete floors of individual units within the housing unit (G-62, 22, Figure 1).
Regarding claim 27, Galiyano (G), as modified, discloses the method of claim 25 wherein at least some of the units have associated grounds and share a common wall ([0047], i.e., coupled together).
Claims 29-31 and 37 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Galiyano (US 5,261,251), Shapiro (US 2009/0145140), Des Champs (US 5,179,998), and a Design choice.
Regarding claim 29, Galiyano (G), as modified, discloses the method of claim 21, but does not disclose that the conduits are 1" in diameter.
Nevertheless, the type and size of conduit is dependent on the size and usage of the building and would have been an obvious matter of design choice to one of ordinary skill in the art at the time of the invention since the applicant has not disclosed that the particular material or diameter solves a particular problem or is for a particular purpose (Applicant has not disclosed any criticality, or new or unexpected results produced therefrom, over the prior art of record for the claimed limitations).
Regarding claim 30, Galiyano (G), as modified, discloses the method of claim 21, but does not disclose that the conduit is tubing constructed of copper, steel, Rehau, and/or other cross-linked construction.
Nevertheless, the type and size of conduit is dependent on the size and usage of the building and would have been an obvious matter of design choice to one of ordinary skill in the art at the time of the invention since the applicant has not disclosed that the particular material or diameter solves a particular problem or is for a particular purpose (Applicant has not disclosed any criticality, or new or unexpected results produced therefrom, over the prior art of record for the claimed limitations). An engineer of ordinary skills in the art would select the appropriate material to ensure a reliable system.
Regarding claim 31, Galiyano (G), as modified, discloses the method of claim 21, with concrete flooring (G-C2, L 41-48), but not that the concrete floor is a minimum of 2" thickness.
Nevertheless, the strength and thickness of the concrete is dependent on the size and usage of the building and would have been an obvious matter of design choice to one of ordinary skill in the art at the time of the invention since the applicant has not disclosed that the particular material or diameter solves a particular problem or is for a particular purpose (Applicant has not disclosed any criticality, or new or unexpected results produced therefrom, over the prior art of record for the claimed limitations).
Regarding claim 37, Galiyano (G), as modified, discloses the method of claim 36 further comprising: monitoring the humidity to determine a humidity greater than 50%; and upon determining a humidity greater than 50%, opening at least one valve to divert at least some of the fluid exiting the conduits within the grounds surrounding and/or supporting the building to the dehumidifier operably associated with the interior of the building; and opening at least another valve to return the at least some of the fluid from the dehumidifier to the conduits within the grounds surrounding and/or supporting the building.
Conclusion
THIS ACTION IS MADE FINAL. 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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN E BARGERO whose telephone number is (571) 270-1770. The examiner can normally be reached Monday-Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Helena Kosanovic can be reached at (571) 272-9059. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JOHN E. BARGERO
Examiner
Art Unit 3762
/HELENA KOSANOVIC/Supervisory Patent Examiner, Art Unit 3762
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