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 .
Response to Amendment
This Office action is in response to the reply filed on October 2, 2025 and the Information Disclosure Statement filed on December 9, 2025.
Receipt and entry of the amended abstract and the amended claims filed on October 2, 2025 are acknowledged. Claims 1 through 5, 7 through 11, 15 through 19, and 24 are pending, all as amended either directly or at least indirectly.
Response to Arguments
Applicant has stated that the amended abstract complies with all formalities. However, as noted in greater detail below, applicant’s amendments to the abstract have not obviated the objections thereto, having merely replaced one set of phrases which can be implied with another set of phrases which can be implied. Applicant’s remarks related to the amended abstract are therefore not persuasive and the examiner has objected to the amended abstract hereinbelow.
Applicant has also stated that claim 2 has been amended to obviate the objections thereto as cited by the examiner in the previous Office action. The examiner agrees that the amendments to claim 2 have obviated the objections thereto as cited in the previous Office action.
Applicant's arguments filed on October 2, 2025 with regard to the prior art rejections made by the examiner in the previous Office action based on the Reich et al. reference have been fully considered but they are generally not persuasive.
With regard to the prior art rejections based on the Reich et al. reference, applicant has argued that “the through-holes recited in claims 1 and 18 are different than Reich’s manifolds, or series of pipes”. In response, the examiner firstly respectfully reminds applicant that pending claims are to be interpreted as broadly as reasonable. Secondly, the examiner notes that manifolds and pipes inherently and by definition have channels therethrough for conveying fluids. Thirdly, the examiner points to the last sentence of paragraph [0046] of the instant specification where applicant has clearly stated that the channels extending through the inventive plate “may also be described as through holes or perforations of the plate”, thus equating through holes and channels and making it possible to amend the claims to replace “channels” with “through holes” without introducing impermissible new matter thereby. Therefore, applicant’s arguments that the manifolds 101, 108, and 201 of the Reich reference are not readable on the channels as previously recited in the claims are not persuasive and the previous anticipation rejections of the claims based on the Reich et al. reference remain generally applicable (i.e., with only minor changes thereto needed in order to take into consideration the amendments to base claims 1 and 18).
Applicant has also argued that the plural rounded edges of the thermal management plate of the previously applied Senner reference are not readable on the recitation of “at least four corners” in each of base claims 1 and 18 because the Senner discloses that the inventive thermal management plate constitutes two generally U-shaped sections which U-shaped sections “do not teach or suggest a ‘corner’”. Applicant’s remarks seem to imply that rounded corners are somehow not really corners. In response, the examiner notes that applicant’s inventive thermal management plate has four corners 104 as shown in the various drawings as curved corners. Absent a definition to the contrary having been provided by the applicant as part of the original disclosure, the instant disclosure as a whole therefore supports the broad interpretation of the limitation “four corners” to specifically encompass and to specifically be embodied by rounded corners. Furthermore, the examiner hereby notes that the common meaning of the term “corner” encompasses a structure formed by the meeting of two converging lines or surfaces, which common meaning does not preclude rounded corners. Lastly, the examiner again respectfully reminds the applicant that pending claims should be broadly interpreted during prosecution. Therefore, applicant’s arguments that the Senner reference does not disclose or suggest the at least four corners as recited in base claims 1 and 18 are not persuasive and the previous anticipation rejections of the claims based on the Senner reference also remain generally applicable (i.e., with only minor changes thereto needed in order to take into consideration the amendments to base claims 1 and 18).
Applicant has not argued against any other specifics of either the anticipation rejections of the claims or of the obviousness rejections of the claims as set forth by the examiner in the previous Office action. Applicant thus appears to have acquiesced to all of the remaining specifics of the prior art rejections of the claims as set forth in the previous Office action and as generally repeated hereinbelow.
Specification
Applicant is reminded of the proper content of an abstract of the disclosure.
A patent abstract is a concise statement of the technical disclosure of the patent and should include that which is new in the art to which the invention pertains. The abstract should not refer to purported merits or speculative applications of the invention and should not compare the invention with the prior art.
If the patent is of a basic nature, the entire technical disclosure may be new in the art, and the abstract should be directed to the entire disclosure. If the patent is in the nature of an improvement in an old apparatus, process, product, or composition, the abstract should include the technical disclosure of the improvement. The abstract should also mention by way of example any preferred modifications or alternatives.
Where applicable, the abstract should include the following: (1) if a machine or apparatus, its organization and operation; (2) if an article, its method of making; (3) if a chemical compound, its identity and use; (4) if a mixture, its ingredients; (5) if a process, the steps.
Extensive mechanical and design details of an apparatus should not be included in the abstract. The abstract should be in narrative form and generally limited to a single paragraph within the range of 50 to 150 words in length.
See MPEP § 608.01(b) for guidelines for the preparation of patent abstracts.
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract of the disclosure filed on October 2, 2025 is objected to because it still does not avoid phrases which can be implied (i.e., “described herein, in some embodiments”). Please note that the first sentence of an abstract need not be a complete sentence. Correction is required. See MPEP § 608.01(b).
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 7 through 9, 11, 18, and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Reich et al. (U.S. Patent No. 7,905,110 B2).
With regard to claim 1 of the instant application, Reich et al. (i.e., Figure 1A, et al.) discloses a thermal management plate or the relatively flat, plate-like Thermal Energy Module 98 (i.e., see column 4, lines 12-64) comprising: an exterior surface (i.e., exterior surface of the Thermal Energy Module 98 as shown in at least Figures 1A and 1B) defining an interior volume; a phase change material (i.e., “water, ice, or similar heat transfer medium such as an alternate two-phase substance”; see column 4, lines 12-18) disposed within the interior volume; and a fill spout (i.e., an inlet to the water inlet manifold 100) in fluid communication with the interior volume (i.e., via water inlet pipes 112 and nozzles 103) and with an external environment (i.e., an external water system; see column 4, lines 43-51) of the plate, wherein the exterior surface includes a front side, a back side, and at least four comers (i.e., see at least Figure 1B); and wherein the fill spout (i.e., an inlet to the water inlet manifold 100) is disposed at one of the corners of the exterior surface (i.e., at least as shown in Figures 1A and 1B). Also, with regard to claim 1 of the instant application as amended to recite “through-holes” in lieu of “channels” extending from the front side to the back side of the plate and connecting the front side to the back side, Reich et al. (i.e., Figure 1A, et al.) discloses the thermal management plate or the relatively flat, plate-like Thermal Energy Module 98 of claim 1, wherein the exterior surface further comprises one or more channels or through holes (i.e., at least broadly readable on the passageways or channels formed within manifolds 101, 108, 201; see at least Figure 1A) extending from the front side to the back side and connecting the front side to the back side at least as broadly interpreted as required. The examiner also notes that in the last sentence of paragraph [0046] of the instant specification, applicant clearly equates channels to through holes as well as to perforations; this is also why amending the claims to replace “channels” with “through-holes” does not constitute impermissible new matter.
With regard to claim 7 of the instant application, Reich et al. (i.e., Figure 1A, et al.) discloses the thermal management plate or the relatively flat, plate-like Thermal Energy Module 98 of claim 1, wherein the plate further comprises a cap 110 (i.e., see column 4, lines 61-64).
With regard to claim 8 of the instant application, Reich et al. (i.e., Figure 1A, et al.) discloses the thermal management plate or the relatively flat, plate-like Thermal Energy Module 98 of claim 1, wherein the cap 110 appears to be a simple snap-on cap (i.e., see at least Figure 1A).
With regard to claim 9 of the instant application, Reich et al. (i.e., Figure 1A, et al.) discloses the thermal management plate or the relatively flat, plate-like Thermal Energy Module 98 of claim 1, wherein at least some surfaces of the cap align with the exterior surface (i.e., as shown in at least Figure 1A) to conceal the corner fill spout (i.e., inherently at least some surfaces of the cap conceal portions of the fill spout when the cap is in place).
With regard to claim 11 of the instant application, Reich et al. (i.e., Figure 1A, et al.) discloses the thermal management plate or the relatively flat, plate-like Thermal Energy Module 98 of claim 1, wherein the phase change material (i.e., water or ice) has a phase transition temperature of around 0oC, which is in the range of between -500C and 1500C.
With regard to claim 18 of the instant application as amended, Reich et al. (i.e., Figure 1A, et al.) discloses the thermal management plate or the relatively flat, plate-like Thermal Energy Module 98 of claim 1 as amended, as being used in a method of managing the temperature of a room by disposing one or more of the thermal management plates or Thermal Energy Modules 98 in the room (i.e., in the walls of the room (i.e., within the wall framing of a building, the wall framing having sections corresponding to particular spaces and rooms in the building; see at least Figure 9A) with the plates thus being disposed in the rooms or spaces of the building (at least as broadly interpreted as required for pending claims).
With regard to claim 19 of the instant application, Reich et al. (i.e., Figure 1A, et al.) discloses the thermal management plate or the relatively flat, plate-like Thermal Energy Module 98 of claim 1, as being used in the method of managing the temperature of a room according to claim 18 of the instant application, the method further comprising: positioning the thermal management plate so the back surface of the plate faces a wall of the room (i.e., even if the plate is in the wall or walls of a given room, one surface of the plate will necessarily face some surface of the wall of the room) and suspending the plate from the wall via the corresponding connecting pipes (i.e., as shown in at least Figure 9A). Reich et al. (i.e., Figure 1A, et al.) also discloses the thermal management plate or the relatively flat, plate-like Thermal Energy Module 98 of claim 1, wherein the exterior surface further comprises one or more channels or through-holes (i.e., readable on the channels or passageways in the manifolds 101, 108, 201; see at least Figure 1A) extending from the front side to the back side and connecting the front side to the back side at least as broadly interpreted as required.
The reference thus reads on the claims.
Alternately for claims 1 and 11, claims 1, 3 through 5, and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Senner (U.S. Patent No. 6,079,221).
With regard to base claim 1 of the instant application, Senner discloses a thermal management plate or generally plate-like water tank 110 comprising: an exterior surface (i.e., including surface portions 117 and 119) defining an interior volume or hollow body portion 115; a phase change material (i.e., water) disposed within the interior volume or hollow body portion 115; and a fill spout or inlet 144 in fluid communication with the interior volume or hollow body portion 115 and with an external environment of the plate or tank 110, wherein the exterior surface includes a front side (i.e., one of surface portions 117 and 119), a back side (i.e., the other of surface portions 117 and 119), and at least four corners (i.e., generally rounded corners); and wherein the fill spout or inlet 144 is disposed at one of the corners of the exterior surface (i.e., as shown in any one of Figures 2, 3, and 5); and wherein the exterior surface (i.e., one of surface portions 117 and 119) further comprises one or more channels or voids or through-holes 168 and 169 extending from the front side to the back side and connecting the front side to the back side. The examiner also notes that in the last sentence of paragraph [0046] of the instant specification, applicant clearly equates channels to through holes as well as to perforations; this is also why amending the claims to replace “channels” with “through-holes” does not constitute impermissible new matter.
With regard to claim 3 of the instant application, Senner further discloses that the plate or tank 110 is configured and disposed such that potential air pockets are substantially eliminated and such that the phase change material (i.e., water) fills the entirety (i.e., essentially 100%) of the interior volume or hollow body portion 115 of the tank or plate 110.
With regard to claims 4 and 5 of the instant application, Senner further discloses that the exterior surface of the tank or plate 110 comprises one or more protrusions (i.e., mounting tabs 126, 127, 128, 129) extending in an orthogonal direction from the back side of the plate or tank 110, the one or more protrusions (i.e., mounting tabs 126, 127, 128, 129) configured to form a gap between the back side of the plate or tank 110 and an adjacent surface (i.e., the surface of wall 72 as shown in at least Figure 1).
With regard to claim 11 of the instant application, note that the phase change material (i.e., water) of Senner inherently has a phase transition temperature between -50°C and 150°C (i.e., at 0°C for the solid to liquid phase transition and at 100°C for the liquid to gas phase transition).
The reference thus reads on the claims.
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 10, 15 through 17, and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Reich et al. (U.S. Patent No. 7,905,110 B2).
As previously noted above, Reich et al. discloses a thermal management plate or the relatively flat, plate-like Thermal Energy Module 98 (i.e., see column 4, lines 12-64) comprising: an exterior surface (i.e., exterior surface of the Thermal Energy Module 98 as shown in at least Figures 1A and 1B) defining an interior volume; a phase change material (i.e., “water, ice, or similar heat transfer medium such as an alternate two-phase substance”; see column 4, lines 12-18) disposed within the interior volume; and a fill spout (i.e., an inlet to the water inlet manifold 100) in fluid communication with the interior volume (i.e., via water inlet pipes 112 and nozzles 103) and with an external environment (i.e., an external water system; see column 4, lines 43-51) of the plate, wherein the exterior surface includes a front side, a back side, and at least four comers (i.e., see at least Figure 1B); and wherein the fill spout (i.e., an inlet to the water inlet manifold 100) is disposed at one of the corners of the exterior surface (i.e., at least as shown in Figures 1A and 1B).
With regard to claim 10 of the instant application, Reich et al. does not specify the relative percentage by weight of the phase change material as compared to the total weight of the plate. On the other hand, applicant has not deemed that the relative percentage by weight of the phase change material as compared to the total weight of the plate is critical in any way or that it reflects unexpected results of any sort. Similarly, with regard to claims 15 through 17 of the instant application, Reich et al. also does not disclose the particular dimensions of the inventive plate as recited in claims 15 through 17 of the instant application. However, applicant has not deemed that the particular dimensions of the plate are critical in any way or that these reflect or cause unexpected results of any sort.
Therefore, the aforementioned differences between the claimed inventive plate and the plate of Reich et al. are deemed to reflect matters of obvious design choice in that one skilled in the art at the time of filing of the instant invention would find it obvious to set the particular relative weights and dimensions of the plate of Reich et al. such that the weight and size of the resulting thermal management plate are optimized relative to the particular application at hand.
Lastly, with regard to claim 24 of the instant application, Reich et al. does not disclose that the thermally managed room is specifically a data center, a telecom shelter, or a data storage room as recited by claim 24. Nevertheless, Official Notice is hereby taken by the examiner that data centers, telecom shelters, and data storage rooms are notoriously well-known as being rooms which require constant and precise thermal management while in use. It would therefore have been obvious to one skilled in the art at the time of filing of the instant application to specifically use the inventive thermal management plate of Reich et al. or a plurality of such plates to thermally manage temperature-critical indoor spaces such as data centers and data storage rooms and similar.
Allowable Subject Matter
Claim 2 is 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: the prior art of record does not show nor reasonably suggest, in combination, the particular features which are interrelated as recited by claim 2 of the instant application as written.
Conclusion
The additional prior and/or related art and/or related made of record and not relied upon is considered pertinent to applicant's disclosure.
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 LJILJANA V CIRIC whose telephone number is (571)272-4909. The examiner can normally be reached Monday-Saturday, flexible.
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, Len Tran can be reached on 571-272-1184. 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.
/Ljiljana V. Ciric/Primary Examiner, Art Unit 3763
LJILJANA (Lil) V. CIRIC
Primary Examiner
Art Unit 3763