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
The status of the claims as filed in the submission dated 9/17/2024 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, 31-33, and 35 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).
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.
Re Claim 35. Bellinello as modified by Magcale teach a first groundwater heat exchange unit (Bellinello Figures 1-2) but fails to specifically teach 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. Thus, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to have the system of Bellinello as modified by Magcale comprise 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, in order to increase the heat exchange capacity of the system. It would have been obvious to one of ordinary skill in the art at the time the invention was filed to add a second groundwater heat exchange unit to Bellinello, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. See MPEP 2144.04 (VI, B).
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 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached PTO-892 for other relevant prior art.
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
Prosecution Insights