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 .
Status
This Office Action is in response to the remarks and amendments filed on 03/26/2026.
The drawing objection and 35 U.S.C. 112b rejection is withdrawn. Claims 1-20 remain pending for consideration on the merits.
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 1 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Stewart et al (US 9556856 B2, hereinafter Stewart) in view of Sternberger (US 20200205334 A1, hereinafter Sternberger ‘334) and Nesler et al (US 20090281668 A1, hereinafter Nesler).
Regarding claims 1 and 12, Stewart teaches a geothermal aerification system (borehole heat exchanger 300) comprising: a basin (borehole 306) having a first portion (arrow A) and a second portion (arrow B); a first network of geothermal piping (annulus 320) in fluid communication with the first portion of the basin (the working fluid is pumped down the annulus 320 arrow A, col 17 lines 3-4) and a second network of geothermal piping (tubing 304) in fluid communication with the second portion of the basin (the working fluid is pumped back up the inner tubing 304 (arrow B) to surface, col 17 lines 3-5).
Stewart teaches the invention as described above but fail to teach a first network of water distribution pipes in fluid communication with the first portion of the basin; and a second network of water distribution pipes in fluid communication with the second portion of the basin.
However, Sternberger teaches a first network of water distribution pipes (conduits 19) in fluid communication with the first portion of the basin (left portion of basin 16, figure 1c); and a second network of water distribution pipes (conduits 19) in fluid communication with the second portion of the basin (right portion of basin 16, figure 1c).
Therefore, it would have been obvious to a person skilled in the art before the effective filing date of the invention to modify the system in the teachings of Stewart to include a first network of water distribution pipes in fluid communication with the first portion of the basin; and a second network of water distribution pipes in fluid communication with the second portion of the basin in view of the teachings of Sternberger in order to yield the predictable result of providing a constant control over the properties of the transferred water can be achieved by measuring those parameters.
The combined teachings teach the invention as described above but fail to teach the first and second networks of geothermal piping configured to adjust a temperature of water circulated therethrough and being located at a depth below a ground surface to circulate the water to exchange heat with the ground to increase or decrease the temperature of the water; wherein the first and second networks of water distribution pipes are configured to discharge the water at the adjusted temperature below a surface layer in respective sub-areas located above the geothermal piping; and further comprising pumping equipment configured to circulate the water between the basin, the first and second networks of geothermal piping, and the first and second networks of water distribution pipes to control a temperature within the respective sub-areas.
However, Nesler teaches the first and second networks of geothermal piping (interpreted as the arrows as pipes from groundwater layer 16 entering wells 20, figure 3) configured to adjust a temperature of water circulated therethrough (paragraph 0035) and being located at a depth below a ground surface (figure 3) to circulate the water to exchange heat with the ground (0035) to increase or decrease the temperature of the water (paragraph 0035); wherein the first and second networks of water distribution pipes (inlet to heat pump 32 and pipe 36, figure 3) are configured to discharge the water at the adjusted temperature below a surface layer in respective sub-areas (discharged back into the groundwater layer 16, paragraph 0035) located above the geothermal piping (figure 3); and further comprising pumping equipment (pump 24, paragraph 0034 and figure 1) configured to circulate the water between the basin (well 20), the first and second networks of geothermal piping (figures 1 and 2), and the first and second networks of water distribution pipes (inlet to heat pump 32 and pipe 36, figure 3) to control a temperature within the respective sub-areas (building 10).
Therefore, it would have been obvious to a person skilled in the art before the effective filing date of the invention to modify the system in the combined teachings to include the first and second networks of geothermal piping configured to adjust a temperature of water circulated therethrough and being located at a depth below a ground surface to circulate the water to exchange heat with the ground to increase or decrease the temperature of the water; wherein the first and second networks of water distribution pipes are configured to discharge the water at the adjusted temperature below a surface layer in respective sub-areas located above the geothermal piping; and further comprising pumping equipment configured to circulate the water between the basin, the first and second networks of geothermal piping, and the first and second networks of water distribution pipes to control a temperature within the respective sub-areas in view of the teachings of Nesler in order to yield the predictable result of providing the water to a heat pump to serve as a heat source or a heat sink.
Regarding claim 17, it is noted that although the preamble of claim 17 is directed towards a method, the structure of the combined teachings discloses all the structure being provided in the method steps, thus the method is also rendered obvious by the combined teachings. If a prior art device, in its normal and usual operation, would necessarily perform the method claimed, then the method claimed will be considered to be anticipated or rendered obvious by the prior art device. When the prior art device is the same as a device described in the specification for carrying out the claimed method, it can be assumed the device will inherently or obviously perform the claimed process. Thus, the method, as claimed, would necessarily result from the normal operation of the apparatus. See MPEP 2112.02.
Claims 2-5, 13-14 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Stewart as modified by Sternberger ‘334 and Nesler, as applied to claim 1 above, and further in view of Jacobi (US 20180328633 A1, hereinafter Jacobi).
Regarding claims 2 and 13, the combined teachings teach the invention as described above but fail to teach further comprising pumping equipment to circulate the water through the first and second networks of geothermal piping and the first and second networks of water distribution pipes.
However, Jacobi teaches further comprising pumping equipment (pumps 28 and 56) to circulate the water (wastewater, paragraph 0131) through the first and second networks of geothermal piping (supply conduit 50a and return conduit 50b) and the first and second networks of water distribution pipes (supply conduit 52a and return conduit 52b).
Therefore, it would have been obvious to a person skilled in the art before the effective filing date of the invention to modify the system in the combined teachings to include further comprising pumping equipment to circulate the water through the first and second networks of geothermal piping and the first and second networks of water distribution pipes in view of the teachings of Jacobi in order to yield the predictable result of operating for peak efficiency.
Regarding claim 3, the combined teachings teach wherein the pumping equipment (pump 28, figure 1b of Jacobi) comprises at least one of an air lift pump, a centrifugal pump (grinder pump 28 of Jacobi), or a vacuum pump, and the pumping equipment is configured to raise and lower a height level of the water proximate to the ground surface (an interface with grinder pump operational control to use grinder pump station basin storage capacity to synchronize grinder pump operation with the geothermal loop operation within the limit of storage capacity of the grinder pump station, paragraph 0124 of Jacobi).
Further, it is understood, claim 3 includes an intended use recitation, for example “…configured to...”. The applicant is reminded that a recitation with respect to the manner which a claimed apparatus is intended to be does not differentiate the claimed apparatus from a prior art apparatus satisfying the structural limitations of the claims, as is the case here. While features of an apparatus may be recited either structurally or functionally, the claims are directed to an apparatus must be distinguished from the prior art in terms of structure rather than function.
Regarding claim 4, the combined teachings teach further comprising one or more controllable valves configured to control a flow of the water (control system with valves and sensors to control the flow through the geothermal loop system and interface and control the pressure sewer system to optimize the heat recovery from discharge wastewater, paragraph 0044 of Jacobi).
Further, it is understood, claim 4 includes an intended use recitation, for example “…configured to...”. The applicant is reminded that a recitation with respect to the manner which a claimed apparatus is intended to be does not differentiate the claimed apparatus from a prior art apparatus satisfying the structural limitations of the claims, as is the case here. While features of an apparatus may be recited either structurally or functionally, the claims are directed to an apparatus must be distinguished from the prior art in terms of structure rather than function.
Regarding claims 5 and 14, the combined teachings teach wherein the basin (basin 16 of Sternberger ‘334) is configured to store the water therein (basin 16 is used to permanently or temporarily store water/fertilized water, paragraph 0080 of Sternberger ‘334).
Further, it is understood, claim 4 includes an intended use recitation, for example “…configured to...”. The applicant is reminded that a recitation with respect to the manner which a claimed apparatus is intended to be does not differentiate the claimed apparatus from a prior art apparatus satisfying the structural limitations of the claims, as is the case here. While features of an apparatus may be recited either structurally or functionally, the claims are directed to an apparatus must be distinguished from the prior art in terms of structure rather than function.
Regarding claim 19, it is noted that although the preamble of claim 19 is directed towards a method, the structure of the combined teachings discloses all the structure being provided in the method steps, thus the method is also rendered obvious by the combined teachings. If a prior art device, in its normal and usual operation, would necessarily perform the method claimed, then the method claimed will be considered to be anticipated or rendered obvious by the prior art device. When the prior art device is the same as a device described in the specification for carrying out the claimed method, it can be assumed the device will inherently or obviously perform the claimed process. Thus, the method, as claimed, would necessarily result from the normal operation of the apparatus. See MPEP 2112.02.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Stewart as modified by Sternberger ‘334, Nesler and Jacobi, as applied to claim 5 above, and further in view of Sternberger (US 20190216027 A1, hereinafter Sternberger ‘027).
Regarding claim 6, the combined teachings teach the invention as described above but fail to teach further comprising a water impermeable layer positioned above the first and second networks of geothermal piping and below a water permeable layer containing the water distribution pipes.
However, Sternberger ‘027 teaches further comprising a water impermeable layer (water impermeable first layer 6) positioned above the first and second networks of geothermal piping (as described in paragraph 0053) and below a water permeable layer (water permeable second layer 7) containing the water distribution pipes (grid of perforated pipes placed within the second layer, paragraph 0053).
Therefore, it would have been obvious to a person skilled in the art before the effective filing date of the invention to modify the system in the combined teachings to include further comprising a water impermeable layer positioned above the first and second networks of geothermal piping and below a water permeable layer containing the water distribution pipes in view of the teachings of Sternberger ‘027 in order to yield the predictable result of speeding up the irrigation/aerification of the root zone.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Stewart as modified by Sternberger ‘334, Nesler, Jacobi and Sternberger ‘027, as applied to claim 6 above, and further in view of Kolberg et al (US 20230189720 A1, hereinafter Kolberg).
Regarding claim 7, the combined teachings teach the invention as described above but fail to teach further comprising a water permeable layer placed on top of the water impermeable layer.
However, Kolberg teaches further comprising a water permeable layer (layer 13) placed on top of the water impermeable layer (supporting body 11, paragraph 0049).
Therefore, it would have been obvious to a person skilled in the art before the effective filing date of the invention to modify the system in the combined teachings to include further comprising a water permeable layer placed on top of the water impermeable layer in view of the teachings of Kolberg in order to yield the predictable result of preventing the infiltration of contamination coming from the plants into the body through which a medium can flow.
Claim 8, 15 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Stewart as modified by Sternberger ‘334, Nesler, Jacobi, Sternberger ‘027 and Kolberg, as applied to claim 7 above, and further in view of Gunther (US 20140170363 A1, hereinafter Gunther).
Regarding claim 8, the combined teachings teach the invention as described above but fail to teach further comprising a porous concrete layer positioned on top of the water permeable layer.
However, Gunther teaches further comprising a porous concrete layer (concrete layer 7 via joints 9, figure 2) positioned on top of the water permeable layer (pervious concrete layer 5, as shown on figure 2).
Therefore, it would have been obvious to a person skilled in the art before the effective filing date of the invention to modify the system in the combined teachings to include further comprising a porous concrete layer positioned on top of the water permeable layer in view of the teachings of Gunther in order to yield the predictable result of improving layered concrete construction which is pervious to water while still maintaining the aesthetically pleasing appearance of traditional impervious concrete.
Regarding claim 15, the combined teachings teach all the limitations of claim 15. See rejections of claims 6-8.
Regarding claim 18, it is noted that although the preamble of claim 18 is directed towards a method, the structure of the combined teachings of claims 6-8 discloses all the structure being provided in the method steps, thus the method is also anticipated or rendered obvious by the combined teachings. If a prior art device, in its normal and usual operation, would necessarily perform the method claimed, then the method claimed will be considered to be anticipated or rendered obvious by the prior art device. When the prior art device is the same as a device described in the specification for carrying out the claimed method, it can be assumed the device will inherently or obviously perform the claimed process. Thus, the method, as claimed, would necessarily result from the normal operation of the apparatus. See MPEP 2112.02.
Claims 9-11 and 16are rejected under 35 U.S.C. 103 as being unpatentable over Stewart as modified by Sternberger ‘334, Nesler, Jacobi, Sternberger ‘027, Kolberg and Gunther, as applied to claim 8 above, and further in view of Riccobene (US 20190323178 A1, hereinafter Riccobene).
Regarding claims 9 and 16, the combined teachings teach the invention as described above but fail to teach further comprising a rooting medium on top of the porous concrete layer.
However, Riccobene teaches further comprising a rooting medium (membrane layer 22, paragraph 0033) on top of the porous concrete layer (substrate 24, figure 2).
Therefore, it would have been obvious to a person skilled in the art before the effective filing date of the invention to modify the system in the combined teachings to include further comprising a rooting medium on top of the porous concrete layer in view of the teachings of Riccobene in order to yield the predictable result of allowing water to flow through it and to provide a stable spacer between all pavers.
Regarding claim 10, the combined teachings teach further comprising a sand layer (permeable joint 18, paragraph 0035 of Riccobene) on top of the porous concrete layer (substrate 24, figure 2 of Riccobene).
Regarding claim 11, the combined teachings teach further comprising an inorganic layer (pavers 12 of Riccobene) on top of the porous concrete layer (substrate 24, figure 2 of Riccobene).
Regarding claim 20, it is noted that although the preamble of claim 20 is directed towards a method, the structure of the combined teachings discloses all the structure being provided in the method steps, thus the method is also rendered obvious by the combined teachings. If a prior art device, in its normal and usual operation, would necessarily perform the method claimed, then the method claimed will be considered to be anticipated or rendered obvious by the prior art device. When the prior art device is the same as a device described in the specification for carrying out the claimed method, it can be assumed the device will inherently or obviously perform the claimed process. Thus, the method, as claimed, would necessarily result from the normal operation of the apparatus. See MPEP 2112.02.
Response to Arguments
Applicant’s arguments with respect to claim(s) 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.
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 DARIO DELEON whose telephone number is (571)272-8687. The examiner can normally be reached Monday-Friday 9:00am-5:00pm.
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/DARIO ANTONIO DELEON/Examiner, Art Unit 3763
/JERRY-DARYL FLETCHER/Supervisory Patent Examiner, Art Unit 3763
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