DETAILED ACTION
In response to remarks file 09/11/2025
Status of Claims
Claims 1-20 currently amended;
Claims 1, 3, 7-8, 11, 15-16, and 20 are currently amended;
Claims 2, 4-6, 9-10, 12-14, and 17-19 were previously presented;
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 .
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, consisting of installing a ventilation system (figure 1; 50, 72, 64) for reducing water vapor and air-borne particles (col. 6, lines 49-62); 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 installing a seamless foundation/footer joint line hydrostatic pressure relief system, wherein the foundation/footer joint line hydrostatic pressure relief system comprises corrugated paneling to provide dedicated flow paths for unimpeded flow of water or moisture 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; wherein said foundation/footer joint line hydrostatic pressure relief system is installed in a continuous manner along an entire length of said pressure relief system, securely along a face of a foundation wall extending across an adjacent footing, wherein said paneling is installed along a natural seam where the foundation footer, wall, and slab meet prior to during, or after replacing, slab or flooring materials or both; maintaining an unimpeded space to remove water or moisture from the system 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 installing a seamless foundation/footer joint line hydrostatic pressure relief system (figure 11) comprising a corrugated paneling to provide dedicated flow paths for unimpeded flow of water or moisture (conduit portions 72) 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 13); wherein said foundation/footer joint line hydrostatic pressure relief system is installed in a continuous manner along an entire length of said pressure relief system, securely along a face of a foundation wall (68) extending across an adjacent footing (62), wherein said paneling is installed along a natural seam where the foundation footer, wall, and slab meet prior to during, or after replacing, slab or flooring materials or both (floor 63); 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) and wherein installation of said relief and back up system is done in the lowest possible area of an internal foundation zone (figure 11).
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 soil and loose debris and coating with a sealant to create a coating (trench 14); sealing by adhering a four mil or greater plastic product with predetermined widths and lengths to the coating (waterproofing sealing membrane 16); filling with a layer of clean fill product with a minimum of one size larger than the perforations of the planned drain tile or piping along the bottom of the trench above an applied plastic product (gravel 20); placing and connecting drain pipe (sump pump drain pipe and drain pipe 22) to drain tile (32) and connecting said pipe to a discharge point (col. 4, lines 43-49); second filling (above pipe 22) comprising clean fill product of at least one size larger than the perforation of the drain tile; covering by placing filter plastic (24) on the clean fill product to prevent mixture of the replacement soil with the fill product (26) prior to further process ; 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 (acceptable humidity levels in a house is between 30-50% conventionally), 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 humidistat as taught by Lestage, since it would control the humidity levels to preset levels.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-20 have been considered but are moot because the new ground of rejection necessitated by amendments (see new rejections above).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 CARIB A OQUENDO whose telephone number is (571)270-7411. The examiner can normally be reached Monday-Friday, 9am-5:30pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amber Anderson can be reached at 571-270-5281. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/CARIB A OQUENDO/Primary Examiner, Art Unit 3678
Prosecution Insights