Prosecution Insights
Last updated: October 21, 2026
Application No. 18/847,788

GROUNDWATER HEAT EXCHANGE SYSTEM

Final Rejection §103
Filed
Sep 17, 2024
Priority
Mar 18, 2022 — provisional 63/321,426 +1 more
Examiner
RUBY, TRAVIS C
Art Unit
3763
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Darcy Solutions Inc.
OA Round
2 (Final)
54%
Grant Probability
Moderate
3-4
OA Rounds
1y 6m
Est. Remaining
81%
With Interview

Examiner Intelligence

Grants 54% of resolved cases
54%
Career Allowance Rate
458 granted / 848 resolved
-16.0% vs TC avg
Strong +27% interview lift
Without
With
+27.2%
Interview Lift
resolved cases with interview
Typical timeline
3y 7m
Avg Prosecution
35 currently pending
Career history
893
Total Applications
across all art units

Statute-Specific Performance

§101
0.7%
-39.3% vs TC avg
§103
50.9%
+10.9% vs TC avg
§102
24.8%
-15.2% vs TC avg
§112
22.2%
-17.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 848 resolved cases

Office Action

§103
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 of Claims No claim amendments were submitted in the submission dated 9/3/2026. The status of the claims as filed in the submission dated 9/3/2026 are as follows: Claims 2, 3, 5, 6, 8-18, and 34 are cancelled by the applicant; Claims 1, 4, 7, 19-33, 35, and 36 are pending and are being examined. Claim Interpretation The following is a quotation of 35 U.S.C. 112(f): (f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph: An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked. As explained in MPEP § 2181, subsection I, claim limitations that meet the three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. Currently, no claim limitations invoke 112(f). 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. 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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claims 1, 19-21, and 31-33 are rejected under 35 U.S.C. 103 as being unpatentable over Bellinello (WO2012/066403A1, as cited in the IDS) in view of Magcale (US2020/0045857A1, as previously cited). Re Claim 1. Bellinello teaches a groundwater heat exchange system (1) for regulating a temperature of a loop fluid (8) flow pumped through a closed loop fluid pathway (18, 19) for use by a heat pump (2, 4) (Figures 1-2; Page 4 lines 10-20, Page 5 lines 13-25), the system comprising: one or more groundwater heat exchange units (1), each groundwater heat exchange unit comprising (Figures 1-2): a heat exchanger (17) submersed in groundwater (10, 11) within a borehole (9), and configured to facilitate heat exchange between the groundwater and the loop fluid flow (Figures 1-2; Page 5 lines 13-25); and at least one groundwater pump (22) each having a plurality of flow rate settings including a zero flow rate setting (i.e. when the pump is off), in which the groundwater pump is in a deactivated state and does not drive a flow of the groundwater, and a non-zero flow rate settings corresponding to a non-zero flow rate at which the groundwater pump drives a flow of the groundwater through the heat exchanger (Figures 1-2; Page 6 lines 3-17, Page 7 lines 12-18. When the pump operates, the pump will generate a non-zero flow rate of the groundwater. Page 8 line 6-Page 9 line 26 teach two modes of operation for the groundwater heat exchange unit); and a controller (26) configured to adjust the flow rate settings of the at least one groundwater pump based on a heat exchange demand input, which indicates any one of a plurality of states of demand for heat exchange between the groundwater and the loop fluid flow including no demand for heat exchange and a demand for increased heat exchange (Figures 1-2; Page 7 lines 12-29, Page 8 lines 1-6. Bellinello teaches the controller 26 comprises groundwater temperature sensor 28 and loop fluid temperature sensor 29 to determine the required heat exchange and actuate the pump accordingly. Thus, the controller of Bellinello will adjust the flow rate settings of the pump based on the heat exchange demand input by either turning the pump on or off). Bellinello teaches a groundwater pump (22) that operates at a given flow rate setting but fails to specifically teach a plurality of non-zero flow rate settings corresponding to different non-zero flow rates at which the groundwater pump drives a flow of the groundwater through the heat exchanger. However, Magcale teaches it is known to utilize a variable frequency drive in a ground water pump to achieve a plurality of non-zero flow rate settings corresponding to different non-zero flow rates at which the groundwater pump drives a flow of the groundwater through the heat exchanger (Figures 1-2; Paragraphs 17, 31-34. Paragraph 34 specifically teaches “An ideal embodiment comprises a variable frequency drive (VFD) pump configured to alter the rate of flow of coolant, based upon a detected heat transfer requirement”. Thus, Magcale teaches a plurality of non-zero flow rate settings corresponding to different non-zero flow rates at which the groundwater pump drives a flow of the groundwater through the heat exchanger). When Magcale is combined with Bellinello, the resulting combination would be the pump of Bellinello would comprise a variable frequency drive to provide a plurality of non-zero flow rate settings based on the detected heat transfer requirement. Therefore, in view of Magcale's teaching, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to utilize a variable speed pump in Bellinello to optimize heat exchange efficiency in the groundwater heat exchange unit by operating the pump at only the required flow rate for the detected heat exchange demand. Additionally, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to utilize a variable speed pump in Bellinello to extend equipment life by reducing start-stop cycling. The use of variable speed pumps is well-known and understood in the art. Re Claim 19. Bellinello teaches a method of controlling a groundwater heat exchange system (1) for regulating a temperature of a loop fluid (8) flow pumped through a closed loop fluid pathway (18, 19) for use by a heat pump (2, 4) (Figures 1-2; Page 4 lines 10-20, Page 5 lines 13-25), the groundwater heat exchange system comprising: a groundwater heat exchange unit (1) comprising (Figures 1-2): a heat exchanger (17) submersed in groundwater (10, 11) within a borehole (9), and configured to facilitate heat exchange between the groundwater and the loop fluid flow (Figures 1-2; Page 5 lines 13-25); and at least one groundwater pump (22) each having a plurality of flow rate settings including a zero flow rate setting (i.e. when the pump is off), in which the groundwater pump is in a deactivated state and does not drive a flow of the groundwater, and a non-zero flow rate settings corresponding to a non-zero flow rate at which the groundwater pump drives a flow of the groundwater through the heat exchanger (Figures 1-2; Page 6 lines 3-17, Page 7 lines 12-18. When the pump operates, the pump will generate a non-zero flow rate of the groundwater. Page 8 line 6-Page 9 line 26 teach two modes of operation for the groundwater heat exchange unit); and a controller (26) configured to adjust the flow rate settings of the at least one groundwater pump based on a heat exchange demand input, which indicates any one of a plurality of states of demand for heat exchange between the groundwater and the loop fluid flow including no demand for heat exchange and a demand for increased heat exchange (Figures 1-2; Page 7 lines 12-29, Page 8 lines 1-6. Bellinello teaches the controller 26 comprises groundwater temperature sensor 28 and loop fluid temperature sensor 29 to determine the required heat exchange and actuate the pump accordingly. Thus, the controller of Bellinello will adjust the flow rate settings of the pump based on the heat exchange demand input by either turning the pump on or off); the method comprising steps of: exchanging heat between the groundwater and the loop fluid flow using the heat exchanger (Figures 1-2; Page 8 line 6-Page 9 line 26 teach two modes of operation for the groundwater heat exchange unit); adjusting the flow rate setting of one or more of the at least one groundwater pump based on a heat exchange demand input using the controller; and repeating the exchanging and adjusting steps a limited number of times (Figures 1-2; Page 7 lines 12-29, Page 8 lines 1-6. Bellinello teaches the controller 26 comprises groundwater temperature sensor 28 and loop fluid temperature sensor 29 to determine the required heat exchange and actuate the pump accordingly. Thus, the controller of Bellinello will adjust the flow rate settings of the pump based on the heat exchange demand input by either turning the pump on or off). Bellinello teaches a groundwater pump (22) that operates at a given flow rate setting but fails to specifically teach a plurality of non-zero flow rate settings corresponding to different non-zero flow rates at which the groundwater pump drives a flow of the groundwater through the heat exchanger. However, Magcale teaches it is known to utilize a variable frequency drive in a ground water pump to achieve a plurality of non-zero flow rate settings corresponding to different non-zero flow rates at which the groundwater pump drives a flow of the groundwater through the heat exchanger (Figures 1-2; Paragraphs 17, 31-34. Paragraph 34 specifically teaches “An ideal embodiment comprises a variable frequency drive (VFD) pump configured to alter the rate of flow of coolant, based upon a detected heat transfer requirement”. Thus, Magcale teaches a plurality of non-zero flow rate settings corresponding to different non-zero flow rates at which the groundwater pump drives a flow of the groundwater through the heat exchanger). When Magcale is combined with Bellinello, the resulting combination would be the pump of Bellinello would comprise a variable frequency drive to provide a plurality of non-zero flow rate settings based on the detected heat transfer requirement. Therefore, in view of Magcale's teaching, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to utilize a variable speed pump in Bellinello to optimize heat exchange efficiency in the groundwater heat exchange unit by operating the pump at only the required flow rate for the detected heat exchange demand. Additionally, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to utilize a variable speed pump in Bellinello to extend equipment life by reducing start-stop cycling. The use of variable speed pumps is well-known and understood in the art. Re Claim 20. Bellinello as modified by Magcale teach the at least one groundwater pump includes a first groundwater pump (22 of Bellinello); and the adjusting step comprises adjusting the flow rate setting of the first groundwater pump to incrementally increase or decrease the flow rate of the corresponding flow of the groundwater based on the heat exchange demand input (Bellinello Figures 1-2, Page 7 lines 12-29, Page 8 lines 1-6; Magcale Figures 1-2, Paragraphs 17, 31-34). Re Claim 21. Bellinello as modified by Magcale teach the adjusting step comprises delaying adjusting the flow rate setting of the first groundwater pump for a predetermined delay time based on a delay setting in response to a change in the heat exchange demand input received in the receiving step (Bellinello Figures 1-2, Page 7 lines 12-29, Page 8 lines 1-6; Magcale Figures 1-2, Paragraphs 17, 31-34. Due to processing times of the controller, a delay will occur between sensing and controlling the pump flow rate). Re Claim 31. Bellinello as modified by Magcale teach the receiving step comprises: sensing a temperature (via sensors 28, 29 of Bellinello) of the loop fluid flow using a loop fluid temperature sensor; and determining the heat exchange demand input based on a comparison of the sensed temperature of the loop fluid to a setpoint temperature (Bellinello Figures 1-2, Page 7 lines 12-29, Page 8 lines 1-6; Magcale Figures 1-2, Paragraphs 17, 31-34). Re Claim 32. Bellinello as modified by Magcale teach the loop fluid pathway includes a loop fluid supply pipe (19 of Bellinello), through which the loop fluid flow is supplied to the heat pump from the heat exchanger, and a loop fluid return pipe (18 of Bellinello), through which the loop fluid flow is returned to the heat exchanger; and sensing the temperature of the loop fluid flow comprises sensing the temperature of the loop fluid flow in the supply pipe (29 is on the supply pipe as seen in Figure 2 of Bellinello) (Bellinello Figures 1-2, Page 7 lines 12-29, Page 8 lines 1-6; Magcale Figures 1-2, Paragraphs 17, 31-34). Re Claim 33. Bellinello as modified by Magcale teach the loop fluid pathway includes a loop fluid supply pipe (19 of Bellinello), through which the loop fluid flow is supplied to the heat pump from the heat exchanger, and a loop fluid return pipe (18 of Bellinello), through which the loop fluid flow is returned to the heat exchanger (Bellinello Figures 1-2, Page 7 lines 12-29, Page 8 lines 1-6; Magcale Figures 1-2, Paragraphs 17, 31-34); the system includes a bypass pipe (pipe connected to 118 of Magcale) connecting the loop fluid supply pipe to the loop fluid return pipe and a bypass valve (118 of Magcale) configured to regulate a flow of the loop fluid between the loop fluid supply and return pipes through the bypass pipe; and the method comprises adjusting the bypass valve based on the heat exchange demand input using the controller (Bellinello Figures 1-2, Page 7 lines 12-29, Page 8 lines 1-6; Magcale Figures 1-2, Paragraphs 17, 29-34). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to adjust the bypass valve based on the heat exchange demand input using the controller of Bellinello in order to provide more precise temperature control of the loop fluid by mixing supply and return fluids, as is well-known and understood in the art. Allowable Subject Matter Claims 4, 7, 22-30, and 36 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The following is a statement of reasons for the indication of allowable subject matter: Claim 4 recites “the at least one groundwater pump includes a first groundwater pump configured to drive a first flow of the groundwater through the groundwater heat exchanger and a second groundwater pump configured to drive a second flow of the groundwater through the heat exchanger; and the controller adjusts the flow rate setting of the first groundwater pump and/or the flow rate setting of the second groundwater pump based on the heat exchange demand input by performing one of: adjusting the flow rate setting of the first groundwater pump and the flow rate setting of the second groundwater pump in parallel based on the heat demand input; and adjusting the flow rate setting of the first groundwater pump and the flow rate setting of the second groundwater pump in a staggered manner based on the heat demand input”. Claim 22 recites “the at least one groundwater pump includes a first groundwater pump configured to drive a first flow of the groundwater through the groundwater heat exchanger and a second groundwater pump configured to drive a second flow of the groundwater through the heat exchanger; and the adjusting step comprises adjusting the flow rate setting of the first groundwater pump and/or the flow rate setting of the second groundwater pump based on the heat exchange demand input”. Bellinello teaches a first groundwater pump to drive a first flow of the groundwater through the groundwater heat exchanger (Figure 2) but fails to teach a second groundwater pump configured to drive a second flow of the groundwater through the heat exchanger. Bellinello’s design is incompatible with a second pump in the same borehole since the single pump of Bellinello is designed to reverse flow directions. Adding a second pump would complicate the design of Bellinello. Magcale similarly only teaches a single pump and thus fails to teach a second groundwater pump for driving a flow of the groundwater through the heat exchanger. There would be no motivation to further modify the prior art without utilizing impermissible hindsight reasoning or without changing the principle of operation of the prior art. Therefore, the invention is novel and non-obvious in view of the prior art. Claim 7 is allowable for being dependent upon claim 4. Claims 23-30 are allowable for being dependent upon claim 22. Claim 35 recites “the system comprises a plurality of the groundwater heat exchange units including a first groundwater heat exchange unit and a second groundwater heat exchange unit; the heat exchanger of the first groundwater heat exchange unit is positioned within a first borehole; and the heat exchanger of the second groundwater heat exchange unit is positioned within a second borehole that is displaced from the first borehole. However, the examiner takes Official Notice of the well-known design of utilizing multiple groundwater heat exchange units within individual boreholes”. As outlined above with claim 22, Bellinello fails to teach a second groundwater pump (as required by the groundwater heat exchange unit comprising a groundwater pump). Adding a second pump would complicate the design of Bellinello. Magcale similarly only teaches a single pump and thus fails to teach a second groundwater pump for driving a flow of the groundwater through the heat exchanger. There would be no motivation to further modify the prior art without utilizing impermissible hindsight reasoning or without changing the principle of operation of the prior art. Therefore, the invention is novel and non-obvious in view of the prior art. Claim 36 recites “the system includes: valving configured to selectively circulate the loop fluid flow through one or both of the first and second groundwater heat exchange units; and a flow rate sensor configured to detect a flow rate of the loop fluid flow upstream of the valving; the method includes: detecting the flow rate of the loop fluid flow using the flow rate sensor; comparing the detected flow rate to a threshold flow rate using the controller; actuating the valving to circulate the loop fluid flow through the first groundwater heat exchange unit and to block the loop fluid flow from circulating through the second groundwater heat exchange unit using the controller when the flow rate of the loop fluid flow is below the threshold flow rate; and actuating the valving to circulate the loop fluid flow through the first and second groundwater heat exchange units using the controller when the flow rate of the loop fluid flow is above the threshold flow rate”. Bellinello teaches regulating a first groundwater heat exchange unit based on heat exchange demand, and Magcale teaches using a variable frequency pump to regulate the flow rates through a system. However, the prior art fails to teach valving to selectively circulate the loop fluid flow through one or both of the first and second groundwater heat exchange units; and a flow rate sensor configured to detect a flow rate of the loop fluid flow upstream of the valving, as well as the associated method as recited above. There would be no motivation to further modify the prior art without utilizing impermissible hindsight reasoning or without changing the principle of operation of the prior art. Therefore, the invention is novel and non-obvious in view of the prior art. Response to Arguments Applicant’s arguments, see page 18-19, filed 9/3/2026, with respect to claim 35 have been fully considered and are persuasive. The official notice and 103 rejection of claim 35 has been withdrawn. Applicant's remaining arguments filed 9/3/2026 have been fully considered but they are not persuasive. Applicant generally argues on pages 12-14 that Magcale fails to teach a plurality of non-zero flow rates. Magcale specifically teaches in paragraph 34 “An ideal embodiment comprises a variable frequency drive (VFD) pump configured to alter the rate of flow of coolant, based upon a detected heat transfer requirement”. Thus, Magcale teaches a plurality of non-zero flow rate settings corresponding to different non-zero flow rates. When Magcale is combined with Bellinello, the resulting combination would be the pump of Bellinello would comprise a variable frequency drive to provide a plurality of non-zero flow rate settings based on the detected heat transfer requirement. The applicant then argues that the pump of Magcale is for coolant and not groundwater. In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). Bellinello already teaches a groundwater pump, wherein Magcale is merely relied upon to teach the well-known use of variable frequency drives to modulate pumps at different flow rates. One of ordinary skill in the art would readily understand that operating a pump at various non-zero flow rates is common and very well-understood in the art. Therefore, the applicants’ argument is not persuasive. Applicant argues on pages 14-15 of the reply that the prior art fails to teach a controller that responds to a plurality of states of demand for heat exchange. Bellinello teaches the controller 26 comprises groundwater temperature sensor 28 and loop fluid temperature sensor 29 to determine the required heat exchange and actuate the pump accordingly. Thus, the controller of Bellinello will adjust the flow rate settings of the pump based on the heat exchange demand input by either turning the pump on or off. As discussed above, Magcale teaches operating a pump at various flowrates. When Magcale is combined with Bellinello, the resulting combination would be the pump of Bellinello would comprise a variable frequency drive to provide a plurality of non-zero flow rate settings based on the detected heat transfer requirement. One of ordinary skill in the art would readily understand that operating a pump at various non-zero flow rates based on heating demand is common and very well-understood in the art. Therefore, the applicants’ argument is not persuasive. Applicant argues on page 16 of the reply that “the articulated rationale does not support the proposed combination”. Additionally, the applicant alleges impermissible hindsight reasoning. In response to applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971). One of ordinary skill in the art would readily understand that operating a pump at various non-zero flow rates is common and very well-understood in the art. The use of variable speed pumps is well known to improve pumping performance by modulating pumping power to the required output. The use of such a feature is obvious to one of ordinary skill and arguments to the contrary are not persuasive. Applicant argues on page 16-17 of the reply that the prior art fails to teach the features of claim 21. Bellinello as modified by Magcale teach the adjusting step comprises delaying adjusting the flow rate setting of the first groundwater pump for a predetermined delay time based on a delay setting in response to a change in the heat exchange demand input received in the receiving step (Bellinello Figures 1-2, Page 7 lines 12-29, Page 8 lines 1-6; Magcale Figures 1-2, Paragraphs 17, 31-34). Due to processing times of the controller, a delay will occur between sensing and controlling the pump flow rate. The applicant argues that the computational delay is not a delay and that the recited delay is “on the order of 1-5 minutes”. This argument is not persuasive since any delay is a delay. In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., 1-5 minute delay) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). Therefore, the applicants’ argument is not persuasive. Applicant argues on page 17 of the reply that the prior art fails to teach the features of claim 31. Bellinello as modified by Magcale teach the receiving step comprises: sensing a temperature (via sensors 28, 29 of Bellinello) of the loop fluid flow using a loop fluid temperature sensor; and determining the heat exchange demand input based on a comparison of the sensed temperature of the loop fluid to a setpoint temperature. Bellinello teaches on page 7 lines 12-29 to sens the temperature of the loop fluid. Page 8 lines 1-6 of Bellinello then teaches comparing those temperatures to determine inefficiencies of the heat exchanger, which would require comparing the temperatures to a certain setpoint for a given demand. Magcale further teaches in paragraph 17 and 31-34 to detect the heat transfer requirement and to adjust the pump flow rate accordingly. Therefore, the combined teachings of the prior art disclose the claimed subject matter and the applicants’ argument is not persuasive. Applicant argues on page 17 of the reply that the prior art fails to teach the features of claim 33 and in particular a bypass pipe and valve. In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). Magcale teaches a bypass pipe (pipe connected to 118) and a bypass valve (118) that bypasses around a portion of the fluid circuit. Therefore, the prior art teaches adding a bypass pipe and valve to a fluid circuit. Accordingly, the applicants’ argument is not persuasive. 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 TRAVIS RUBY whose telephone number is (571)270-5760. The examiner can normally be reached M-F: 9AM-5PM. 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, Jianying Atkisson can be reached at 571-270-7740. 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. /TRAVIS RUBY/Primary Examiner, Art Unit 3763
Read full office action

Prosecution Timeline

Sep 17, 2024
Application Filed
Jun 03, 2026
Non-Final Rejection mailed — §103
Sep 03, 2026
Response Filed
Oct 09, 2026
Final Rejection mailed — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
54%
Grant Probability
81%
With Interview (+27.2%)
3y 7m (~1y 6m remaining)
Median Time to Grant
Moderate
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