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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after allowance or after an Office action under Ex Parte Quayle, 25 USPQ 74, 453 O.G. 213 (Comm'r Pat. 1935). Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, prosecution in this application has been reopened pursuant to 37 CFR 1.114. Applicant's submission filed on 02/12/2026 has been entered.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 2-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The recitation of “…to enable transfer of heat from the fluid to a first liquid…” (claim 2, line 4) is unclear. The recitation renders the claim indefinite because it is unclear if the fluid from the recitation above, is the fluid flowing out of the condenser from the fluid circuit whose temperature is used as the sensed condition. For examination purposes, the recitation has been examined as --…to enable transfer of heat from the fluid of the fluid circuit to a first liquid…--.
The recitation of “…to enable transfer of heat from the fluid to a third liquid…” (claim 6, line 4) is unclear. The recitation renders the claim indefinite because it is unclear if the fluid from the recitation above, is the fluid flowing out of the condenser from the fluid circuit whose temperature is used as the sensed condition. For examination purposes, the recitation has been examined as --…to enable transfer of heat from the fluid of the fluid circuit to a third liquid…--.
The recitation of “…a sensed condition that a temperature of the fluid flowing out of a condenser…” (claim 9, lines 9-10) is unclear. There is insufficient antecedent basis for “the fluid” flowing out of the condenser in the claim. Further, it is unclear if the fluid flowing out of the condenser from the recitation above, is the same as the fluid pumped through the fluid circuit previously mentioned in the claim; it is unclear if the condenser is part of the fluid circuit or the liquid distribution unit. Appropriate correction is required.
The recitation of “…to a sensed condition that a temperature of a free-cooled fluid flowing out of the condenser exceeds…” (claim 15, lines 12-13) is unclear. The recitation renders the claim indefinite because it is unclear if the free-cooled fluid flowing out of the condenser, is the same fluid previously recited in line 8, which is also a fluid that is free-cooled and in fluid communication with the condenser. Appropriate correction is required.
The recitation of “…a temperature of the free-cooled fluid flowing out of a condenser…” (claim 17, lines 2-3) is unclear. The recitation renders the claim indefinite because it is unclear if the free-cooled fluid from the recitation above is the first fluid that is free-cooled as in line 8, or the free-cooled fluid as in line 12 as previously recited in claim 15. Further, it is unclear if the condenser from the recitation above is the same as the condenser previously recited in parent claim 15 which is in fluid communication with the free-cooled fluid, or is a second condenser. Appropriate correction is required.
The recitation of “…wherein the predetermined temperature threshold…” (claim 18, lines 1-2) is unclear. The recitation renders the claim indefinite because it is unclear if the threshold from the recitation above is the same threshold as the predetermined temperature threshold as in parent claim 15, or the threshold claimed as “a predetermined temperature threshold” as in claim 17, or the threshold is the same in claims 15, 17 and 18. Appropriate correction is required.
The recitation of “…at which the free-cooled fluid is insufficient…” (claim 18, line 3) is unclear. The recitation renders the claim indefinite because it is unclear if the free-cooled fluid from the recitation above is the first fluid that is free-cooled as in line 8, or the free-cooled fluid as in line 12 as previously recited in claim 15. Appropriate correction is required.
The recitation of “…the free-cooled fluid of the free-cooling circuit…” (claim 19, line 3) is unclear. The recitation renders the claim indefinite because parent claim 15 refers to the fluid of the free-cooling circuit as the first fluid that is free-cooled, but further parent claim 15 claims a free-cooled fluid flowing out of the condenser; therefore, it is unclear if the fluid from the recitation above is the first fluid, or the free-cooled fluid flowing out of the condenser, or there are all the same. Appropriate correction is required.
Allowable Subject Matter
Claim 1 is allowed.
Claims 2-8 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claim 9-20 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art, when taken as a whole, neither anticipates nor renders prima facie obvious the claimed invention as currently recited in at least claims 1, 9 and 15. The closest prior art reference of record is Keisling (US 2012/0127657), which at best teach some of the claimed features, as follows. Keisling discloses a cooling system (Figs. 3 and 6-7), comprising a first heat exchanger (30) in thermal communication with an air flow (A, B and C) to a heat load; a first liquid distribution unit (4003) in fluid communication with the first heat exchanger (30) and in thermal communication with a fluid circuit (4200) that is free-cooled by a fluid cooler; a second heat exchanger (23) disposed in series with the first heat exchanger (30) in the air flow (A, B and C as can be seen from Fig. 3) and in thermal communication with the air flow to the heat load (refer to Fig. 3); and a second liquid distribution unit (4002) in fluid communication with the second heat exchanger (23 as can be seen from Fig. 7) and in thermal communication with the fluid circuit (4200 within unit 4002 as an be seen from Fig. 7).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANA M VAZQUEZ whose telephone number is (571)272-0611. The examiner can normally be reached M-F 7-4.
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/ANA M VAZQUEZ/Primary Examiner, Art Unit 3763
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