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 .
Claim Status
Claims 1-8 and 10-20 are pending. Claim 9 has been canceled. Claims 17-19 are withdrawn.
Response to Arguments
Applicant’s arguments, see the remarks, filed 01/08/2026 in the Notice of Appeal, with respect to the rejection(s) of claim(s) 1-8, 10-16, and 20 under 35 U.S.C. Sections 102/103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made: see rejections below.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-3, 6, 16, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Weber et al. (US 2011/0157828 A1), hereafter referred to as “Weber.”
Regarding Claim 1: Weber teaches a thermal management system (10) comprising: an immersion tank (14) defining an immersion chamber (interior of 14 as seen in Figure 1B); a cooling fluid (16) at least partially located in the immersion chamber (see Figure 1B); an air-cooled condenser (28) in fluid communication with the immersion chamber to cool a vapor phase of the cooling fluid (see Figure 1A); a condensate reservoir (26 or 34 or 40) in fluid communication with the air-cooled condenser (see Figure 1A) and a liquid return line (line 22 or line with 36) to receive, store, and to condense at least a portion of a liquid phase of the cooling fluid (paragraphs [0024] and [0027],16 in liquid phase in either 26 or 34 or 40 is stored even if momentarily, functional limitation); and a liquid pump (30 or 36) positioned in the liquid return line (line 22 or line with 36) and positioned between the condensate reservoir (26 or 34 or 40) and the immersion tank (14).
Regarding Claim 2: Weber teaches further comprising a vapor return line (24) connecting the immersion tank (14) to the air-cooled condenser (28) and configured to communicate a vapor phase of the cooling fluid (paragraph [0022]) to the air-cooled condenser (28) from the immersion tank (14).
Regarding Claim 3: Weber teaches wherein the liquid return line (line 22 or line with 36) communicates the liquid phase of the cooling fluid (paragraph [0024]) to the immersion tank (14) from the condensate reservoir (26 or 34 or 40).
Regarding Claim 6: Weber teaches wherein the air-cooled condenser (28) includes at least one fan to flow ambient air through (paragraph [0026]) or over a surface of a heat exchanger of the air-cooled condenser.
Regarding Claim 16: Weber teaches a thermal management system (10) comprising: an immersion tank (14) defining an immersion chamber (interior of 14 as seen in Figure 1B); a cooling fluid (16) at least partially located in the immersion chamber (see Figure 1B); an air-cooled condenser (28) in fluid communication with the immersion chamber (14) to cool the cooling fluid (16); a vapor return line (24) connecting the immersion tank (14) to the air-cooled condenser (28) and configured to communicate a vapor phase of the cooling fluid to the air-cooled condenser (28) from the immersion tank (14); a liquid return line (line 22 or line with 36) connecting the air-cooled condenser (28) to the immersion tank (14) and configured to communicate a liquid phase of the cooling fluid (16) to the immersion tank (14) from the air-cooled condenser (28);
a condensate reservoir (26 or 34 or 40) positioned in the liquid return line (line 22 or line with 36) and positioned between the immersion tank (14) and the air-cooled condenser (28), wherein the condensate reservoir (26 or 34 or 40) is configured to store at least a portion of the liquid phase of the cooling fluid (liquid in either 26 or 34 or 40 is stored even if momentarily, functional limitation); and a liquid pump (30 or 36) positioned in the liquid return line (line 22 or line with 36) and positioned between the condensate reservoir (26 or 34 or 40) and the immersion tank (14).
Regarding Claim 20: Weber teaches a thermal management system (10) comprising: an immersion tank (14) defining an immersion chamber (interior of 14 as seen in Figure 1B); a cooling fluid (16) at least partially located in the immersion chamber (see Figure 1B); an air-cooled condenser (28) in fluid communication with the immersion chamber (see Figure 1A) to cool the cooling fluid, wherein the air-cooled condenser includes: a heat exchanger (28), and a fan (paragraph [0026]) to move air past the heat exchanger (paragraph [0026]); a vapor return line (24) connecting the immersion tank (14) to the air-cooled condenser (28) and configured to communicate a vapor phase of the cooling fluid (paragraph [0026]) to the air-cooled condenser (28) from the immersion tank (14); a liquid return line (line 22 and line with 36) connecting the air-cooled condenser (28) to the immersion tank (14) and configured to communicate a liquid phase (paragraph [0024]) of the cooling fluid (16) to the immersion tank (14) from the air-cooled condenser (28); a condensate reservoir (26 or 34 or 40) positioned in the liquid return line (line 22 and line with 36) and configured to store and to condense at least a portion of the liquid phase of the cooling fluid (16, liquid in either 26 or 34 or 40 is stored even if momentarily, functional limitation) received from the air-cooled condenser (28) before conveying the liquid phase (paragraphs [0024] and [0027]) of the cooling fluid (16) back to the immersion chamber (interior of 14); and a liquid pump (30 or 36) positioned in the liquid return line (line 22 or line with 36) and positioned between the condensate reservoir (26 or 34 or 40) and the immersion tank (14), wherein the liquid pump (30 or 36) is configured to create a low pressure region near the air-cooled condenser (28) that draws the vapor phase of the cooling fluid (16) through the vapor return line (24) from the immersion tank (14).
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.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Weber et al. (US 2011/0157828 A1), hereafter referred to as “Weber,” in view of Fahrenback (US 2008/0141875 A1).
Regarding Claim 4: Weber fails to teach wherein the air-cooled condenser includes a plurality of fins.
Fahrenback teaches wherein an air-cooled condenser (28) includes a plurality of fins (25).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided wherein the air-cooled condenser includes a plurality of fins to the structure of Weber as taught by Fahrenback in order to advantageously move air over the surface area to dissipate more heat and improve heat transfer (paragraph [0030] of Fahrenback).
Claims 5 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Weber et al. (US 2011/0157828 A1), hereafter referred to as “Weber,” in view of Narbutovskih (2,875,263).
Regarding Claim 5: Weber fails to teach wherein the air-cooled condenser includes a vapor chamber.
Narbutovskih wherein an air-cooled condenser (32, 30, 38) includes a vapor chamber (from 12 via 34 to 32, Column 4, lines 72-75).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided wherein the air-cooled condenser includes a vapor chamber to the structure of Weber as taught by Narbutovskih in order to advantageously separate the condensable gas (Column 4, lines 72-75, of Narbutovskih).
Regarding Claim 7: Weber fails to teach wherein the air-cooled condenser includes a plurality of heat pipes.
Narbutovskih an air-cooled condenser (32, 30, 38) includes a plurality of heat pipes (see piping of 30 in Figure 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have wherein the air-cooled condenser includes a plurality of heat pipes to the structure of Weber as taught by Narbutovskih in order to advantageously separate the condensable gas (Column 4, lines 72-75, of Narbutovskih).
Claims 8, 11-13, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Weber et al. (US 2011/0157828 A1), hereafter referred to as “Weber,” in view of Brossard (5,488,828).
Regarding Claim 8: Weber fails to teach wherein the air-cooled condenser includes a non-condensable gas vent.
Brossard teaches wherein an air-cooled condenser (lower section of 10b, 12b and below as seen in Figure 6) includes a non-condensable gas vent (68, the air circulated not condensed).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided wherein the air-cooled condenser includes a non-condensable gas vent to the structure of Weber as taught by Brossard in order to advantageously move air over the surface area to dissipate more heat (Column 9, lines 41-44, of Brossard).
Regarding Claim 11: Weber fails to teach further comprising a first sensor to measure a first property of the cooling fluid at a first position.
Brossard wherein a first sensor (one of pressure sensors 48 and/or 50; one of flow meters 54 and/or 56) to measure a first property of a cooling fluid at a second position (via pressure sensors 48 and/or 50; or flow meters 54 and 56).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided a first sensor to measure a first property of the cooling fluid at a first position to the structure of Weber as taught by Brossard in order to advantageously control the fluid in the system depending on the heat transfer levels (Column 6, lines 31-43, of Brossard).
Regarding Claim 12: Weber fails to teach further comprising a second sensor to measure the first property at a second position.
Brossard wherein a second sensor (the other of pressure sensors 48 and/or 50; the other of flow meters 54 and/or 56) to measure a first property of a cooling fluid at a second position (via pressure sensors 48 and/or 50; or flow meters 54 and 56).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided a second sensor to measure the first property at a second position to the structure of Weber as taught by Brossard in order to advantageously control the fluid in the system depending on the heat transfer levels (Column 6, lines 31-43, of Brossard).
Regarding Claim 13: Weber fails to teach further comprising a second sensor to measure a second property of the cooling fluid.
Brossard wherein a second sensor (temperature sensor 52) to measure a second property of a cooling fluid (via temperature sensor 52).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided a second sensor to measure a second property of the cooling fluid to the structure of Weber as taught by Brossard in order to advantageously control the fluid in the system depending on the heat transfer levels (Column 6, lines 31-43, of Brossard).
Regarding Claim 15: Weber fails to teach wherein the first property is a flow rate of the cooling fluid.
Brossard wherein a first property is a flow rate of a cooling fluid (via flow meters 54 and 56).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided wherein the first property is a flow rate of the cooling fluid to the structure of Weber as taught by Brossard in order to advantageously control the fluid in the system depending on the heat transfer levels (Column 6, lines 31-43, of Brossard).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Weber et al. (US 2011/0157828 A1), hereafter referred to as “Weber,” in view of Mizuno et al. (5,522,452), hereafter referred to as “Mizuno.”
Regarding Claim 10: Weber fails to teach further comprising a valve positioned after the condensate reservoir and configured to selectively allow the liquid phase of the cooling fluid to flow from the condensate reservoir to the immersion chamber.
Mizuno teaches a valve (41) positioned after a condensate reservoir (47) and configured to selectively allow a liquid phase of a cooling fluid to flow from the condensate reservoir (47) to an immersion chamber (43).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided a valve positioned after the condensate reservoir and configured to selectively allow the liquid phase of the cooling fluid to flow from the condensate reservoir to the immersion chamber to the structure of Weber as taught by Mizuno in order to advantageously control the flow of coolant to the chamber to the desired volume (Column 4, lines 16-43, of Mizuno).
Claims 11 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Weber et al. (US 2011/0157828 A1), hereafter referred to as “Weber,” in view of Oktay (3,406,244).
Regarding Claim 11: Weber fails to teaches further comprising a first sensor to measure a first property of the cooling fluid at a first position.
Oktay teaches a first sensor (temperature sensor 60) to measure a first property of a cooling fluid (43) at a first position (in tank 11 near 15).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided a first sensor to measure a first property of the cooling fluid at a first position to the structure of Weber as taught by Oktay in order to advantageously monitor the temperature of the fluid (see Oktay, Column 2, lines 71-72).
Regarding Claim 14: Weber fails to teach wherein the first property is a temperature of the cooling fluid.
Oktay teaches a first property is a temperature of a cooling fluid (60 is a temperature sensor in tank 11 near array 15, Column 2, lines 70-72 and Column 3, lines 2-4).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided wherein the first property is a temperature of the cooling fluid to the structure of Weber as taught by Oktay in order to advantageously monitor the temperature of the fluid (see Oktay, Column 2, lines 71-72).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Endo et al. (4,562,702).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIRSTIN U OSWALD whose telephone number is (571)270-3557. The examiner can normally be reached 10 a.m. - 6 p.m. M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Len Tran can be reached at 571-272-1184. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KIRSTIN U OSWALD/Examiner, Art Unit 3763
/LEN TRAN/Supervisory Patent Examiner, Art Unit 3763
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