DETAILED ACTION
In response to remarks filed 02/12/2025
Status of Claims
Claims 1-20 are currently pending;
Claims 1, 5-8, 11 and 13-16 are currently amended;
Claims 2-4, 9-10, and 12 were previously presented;
Claims 17-20 are new;
Claims 1-20 are rejected hereinafter.
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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 02/12/2025 has been entered.
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.
Claim(s) 1-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Moore et al. (US 6,904,723) in view of Kuypers (US 4,745,716).
With regards to claim 1, 8, and 16, Moore et al. discloses a method and system of controlling hydrostatic pressure, minimizing water intrusion and controlling interior air quality, comprising installing a ventilation system (figure 1; 50, 72, 64); installing a pressure relief and back-up system (drain tile 32 and sump pump; col. 4, lines 54-58); installing a foundation/footer joint line hydrostatic pressure relief system (42); and drilling a pressure relief hole through an inner surface of the interior wall portion; and implementing exterior preparation (figure 1; col. 4, lines 30-42). Moore et al. discloses the invention substantially as claimed. However, Moore et al. is silent about wherein the foundation/footer joint line hydrostatic pressure relief system comprises seamless or near-seamless corrugated paneling comprising a first member extending vertically along an interior wall portion and a second member extending horizontally in a longitudinal direction along an inner ledge of a footer and along an interior trench; maintaining an unimpeded space between a lower planar surface of the second member and an upper surface of the inner ledge of the footer in the longitudinal direction, wherein the unimpeded space extends from the interior wall portion, across the inner ledge of the footer, and to the interior trench; and wherein the pressure relief hole and the unimpeded space form a pressure and hydrostatic relief path from the interior wall portion to the interior trench. Kuypers teaches a similar system of controlling hydrostatic pressure, minimizing water intrusion including a foundation/footer joint line hydrostatic pressure relief system (30) comprising seamless or near-seamless corrugated paneling comprising a first member (74) that extends vertically along an interior wall portion and a second member (75) horizontally in a longitudinal direction along an inner ledge of a footer and along an interior trench (figure 11); maintaining an unimpeded space between a lower planar surface of the second member and an upper surface of the inner ledge of the footer in the longitudinal direction (e.g. see conduit portions 72 figures 11-12), wherein the unimpeded space extends from the interior wall portion across the inner ledge of the footer to the interior trench (figures 11-12). It would have been obvious to one of ordinary skill in the art to modify the hydrostatic pressure relief system of Moore et al. for the panel system of Kuypers, since it would provide a system for collecting and directing water and air towards trench and drain.
As to claim 2 and 10, Moore et al. discloses wherein installing the ventilation system (figure 1; 50, 72, 64) comprises: gathering inputs (NOTE: gathering data before installing a system is conventional and well known in the art in order to install the correct equipment and in the correct location); and installing the ventilation system at a lowest possible location of a structure, wherein installing is based at least in part on the gathered inputs (figure 1 and 5).
As to claim 3 and 11, Moore et al. discloses wherein installing the pressure relief and back-up system (drain tile 32 and sump pump) comprises: gathering inputs; removing designated amount of foundation slab (see trench 28); perforating selected items (e.g. drain tiles perforations and drainage openings are provided in the bottom portion of the foundation wall; col. 1, lines 40-50); final setting liner seating and connecting a pressure relief sump pump (not shown but well known); installing the pressure relief and back-up system (NOTE: conventional sump pumps include back up system); and replace/refill base; wherein removing, perforating, final setting, searing and connecting, and installing are based at least in part on the gathered inputs (figure 1 and 5).
As to claim 4 and 12, Moore et al. discloses wherein installing the foundation/footer joint line hydrostatic pressure relief system comprises: gathering inputs; installing a plurality of pressure relief extensions (e.g. drain tile 32); and installing foundation/footer joint line hydrostatic pressure relief (42); wherein the installing of the plurality of pressure relief extensions and foundation/footer joint line hydrostatic pressure relief is based at least in part on the gathered inputs (figure 1 and 5).
As to claim 5 and 13, Moore et al. discloses wherein the installing the plurality of pressure relief extensions comprises: removing foundation material to form trench (28); placing layer of fill (30) in trench; installing and connecting drain pipe to drain tile (32; drain pipe is connected to drain tile at sump pump); drilling holes (drainage openings are provided in the bottom portion of the foundation wall; col. 1, lines 40-50; col. 4, lines 30-42); and cleaning and filling (figure 1); wherein the removing, placing, installing and connecting, drilling, and cleaning and filling is based at least in part on the gathered inputs.
As to claim 6 and 14, Moore et al. discloses wherein the implementing exterior preparation (figure 1) comprises: gathering inputs; inspecting exterior (NOTE: conventional and well known); correcting defects; and installing a Modern Drainage System (MDS) (figure 1); wherein the inspecting, correcting defects and installing MDS is based at least in part on the gathered inputs.
As to claim 7 and 15, Moore et al. discloses wherein the installing the MDS comprises: gathering inputs; removing and coating (trench 14); sealing (waterproofing sealing membrane 16); filling (gravel 20); placing and connecting drain pipe (sump pump drain pipe and drain pipe 22) to drain tile (32); second filing (above pipe 22); covering; creating J channel (see liner 16); and grade finishing (26); wherein the installing MDS is based at least in part on the gathered inputs.
As to claim 9, Moore et al. discloses wherein the system further comprises: a proprietary data store and a public data store; and further wherein an installation of the ventilation system, the pressure relief and back-up system, the foundation/footer joint line hydrostatic pressure relief system and an implementation of the exterior preparation are based at least in part on legal and limit restriction rules in the public data store and input design parameters, wherein the input design parameters are in the proprietary data store, the public data store, or both the proprietary data store and the public data store (NOTE: it is well known and conventional to gather data for the design and installation before the installation is conveyed).
As to claim 17, Moore et al. as modified above discloses further comprising a drain pipe (Moore 32 figure 1; Kuypers 34, 64, 94 figures 1, 11, and 16) that is perforated and disposed in the interior trench (28), wherein the first member (Kuypers 74) extends vertically from above the pressure relief holes to the second member (Kuypers 75) at the footer, and the second member extends the unimpeded space horizontally from the first member at the footer, over the interior trench, to a position located vertically above the drain pipe (see Kuypers figures 1, 11, and 16).
As to claim 18, Moore et al. as modified above discloses wherein drilling the pressure relief holes includes drilling the pressure relief holes from the inner surface of the interior wall portion to a lowest possible portion of a hollow cavity defined in the interior wall portion (col. 2, lines (Moore et al. col. 4, lines 30-33).
As to claim 19, Moore et al. as modified above discloses wherein the interior wall portion includes a cement block, drilling the pressure relief hole includes drilling the pressure relief hole into the cement block, and the pressure relief hole extends through the inner surface of the interior wall portion, at a height where the first member extends vertically along the interior wall portion (col. 4, lines 30-33).
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Moore et al. (US 6,904,723) in view of Kuypers (US 4,745,716) and Lestage (US 5,092,520).
As to claim 20, Moore et al. as modified above discloses the invention substantially as claimed. However, Moore et al. is silent about further comprising installing a humidistat (10) operably connected to the ventilation system (figures 1-3) and set to a desired humidity level, wherein the ventilation system provides ventilation at a space including the pressure and hydrostatic relief path based on a humidity detected at the humidistat compared to the desired humidity level (col. 3, lines 16-65). Lestage teaches a ventilation system it would have been obvious to one of ordinary skill in the art to modify the system of Moore et al. to include a humidstat as taught by Lestage, since it would control the humidity levels to preset levels.
Response to Arguments
Applicant's arguments filed 02/12/2025 have been fully considered but they are not persuasive.
In response to Applicant’s argument that “the cited art does not teach or suggest a method of controlling hydrostatic pressure, minimizing water intrusion, and controlling interior air quality including, among other features, installing corrugated paneling with a first member extending vertically along an interior wall portion, maintaining an unimpeded space with a second member of the corrugated paneling, the unimpeded space extended from the interior wall portion, across a footer, and to an interior trench, and drilling a pressure relief hole through an inner surface of the interior wall portion such that "the pressure relief hole and the unimpeded space form a pressure and hydrostatic relief path from the interior wall portion to the interior trench," as required by claim 1.”. – Examiner respectfully disagrees. Moore et al. teaches a method of controlling hydrostatic pressure, minimizing water intrusion, and controlling interior air quality including, among other features, installing corrugated paneling with a first member extending vertically along an interior wall portion and drilling a pressure relief hole through an inner surface of the interior wall portion (see rejection of claim 1). Kuypers teaches a similar system including installing corrugated paneling with a first member extending vertically along an interior wall portion, maintaining an unimpeded space with a second member of the corrugated paneling, the unimpeded space extended from the interior wall portion, across a footer, and to an interior trench (see rejection of claim 1). Therefore, the combination of prior art clearly teaches pressure relief path including the pressure relief hole and the unimpeded space form a pressure and hydrostatic relief path from the interior wall portion to the interior trench.
Conclusion
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/CARIB A OQUENDO/Primary Examiner, Art Unit 3678