DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claims 1-21, 27 and 29-31 are presented for examination.
Claim Rejections - 35 USC § 101
3. 35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
4. Claims 14-20 are rejected under 35 U.S.C. 101. Specifically, independent claims 14 is rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Regarding Claim 14:
Step 1: Is the claim to a process, machine, manufacture or composition of matter?
Yes, the claim is directed to processor executing instruction to perform a method.
Step 2A Prong 1: Does the claim recite an abstract idea, law of nature, or natural phenomenon?
The limitations in claim 14 “determine an environmental conditions setpoint based on information related to operation of devices within a data center”, etc. The limitations above, as drafted, is a process or function that, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components. This process is a mental process as described in MPEP 2106.04(a)(2)(III), because the recited processing is simple enough to be practically performed in the human mind.
Step 2A Prong 2: Does the claim recite additional elements that integrate the judicial exception into a practical application?
The claim further recites “the information including at least one of a
future workload status or a current workload status of the devices” which are directed to insignificant extra‐solution activities, specifically mere data processing, and necessary outputting. These additional elements are recited at a high level of generality and are thus insignificant extra‐solution activities. When viewed individually or on combination, these additional elements do not integrate the recited judicial exception into a practical application.
Step 2B: Do the limitations add elements amounting to significantly more than the judicial exception?
No, the limitations do not add elements amounting to significantly more than the judicial exception. As recited above, the additional elements “output the environmental conditions setpoint” amount to insignificant extra‐solution activities, specifically mere data processing, and necessary outputting. These additional elements, when considered separately or in combination, are well‐understood, routine and conventional activities in the field (as shown in the court case, mere data gathering is considered routine and conventional activities. See In re Meyers, 688 F.2d 789, 794; 215 USPQ 193, 196‐97 (CCPA 1982)) and do not add inventive concept into the claim.
Therefore, claim 14 is directed to an abstract idea without significantly more, and is not patent eligible.
Regarding Claims 15-20:
Dependent claims 15-20 do not contain additional limitations that integrate the exception into a practical application or amount to significantly more than the exception.
5. Examiner's note: To qualify as a § 101 statutory process, the claim should positively recite the particular machine to which it is tied, for example by identifying the apparatus that accomplishes the method steps, or positively recite the subject matter that is being transformed, for example by identifying the material that is being changed to a different state.
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 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.
6. 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.
7. Claims 1-10, 12-21, 27 and 29-31 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Imwalle et al. (Imwalle), US publication no. 2013/0233532 A1.
As per claim 1, Imwalle discloses an apparatus [figure 1A] comprising:
memory; machine readable instructions; and processor circuitry to at least one of instantiate or execute the machine readable instructions [figures 7, 8; para 74] to:
determine an environmental conditions setpoint based on information related to operation of devices within a data center, the information including at least one of a future workload status or a current workload status of the devices [para 38, 54, 73, 175]; and
output the environmental conditions setpoint to facilitate control of an environmental condition in the data center [figures 7, 8; para 74, 75, 176, 180, 183].
Imwalle teaches:
[0074] In some embodiments, the approach control may be dynamic ( e.g., approach temperature set point for one or more cooling units 16 may vary over time). For example, a dynamic approach control may allow for variance of a desired approach control set point spatially and temporally. The result may be that all (or most) of the available capacity of cooling fluid from a central cooling plant ( e.g., a chiller plant, free
cooling facility, and/or both) can be more optimally deployed. By dynamically varying the approach temperature set point in response to such factors as, for example, the types of electronic devices ( e.g., servers, processors, memory components, etc.) deployed at various locations on the data center floor; the types of services executed by such devices (e.g., web searching, electronic mail, and other web based services);
an actual aggregate heat load on the data center floor; an actual cooling system capacity under current weather conditions, data center air temperatures ( e.g., for airflows 18, 24, 26, and/or 28) can be moderated. Further, by dynamically varying the approach temperature, oversubscription ( e.g., design of a cooling system with more cooling fluid available than used) of the cooling fluid supply 32 may be diminished
[0180] In step 812, a determination is made whether the determined approach temperature set point varies from, for example, a current approach temperature set point. As another example, it may be determined whether the determined approach temperature set point varies from a predetermined approach temperature set point. If the determination is made that the determined approach temperature set point does not vary from the current approach temperature set point and/or predetermined temperature set point, then the process 800 returns to step 800. If the determination is made that the determined approach temperature set point does vary from the current approach temperature set point and/or predetermined temperature set point, then at step 814, the approach temperature set point on one or more cooling units in the data
center is updated ( e.g., through a main controller coupled to controllers of control valves associated with respective cooling units). Process 800 may return to step 802.
As per claim 2, Imwalle discloses the environmental conditions setpoint includes a temperature setpoint [para 171, 179].
As per claim 3, Imwalle discloses the environmental conditions setpoint includes a humidity setpoint [para 100, 171, 176].
As per claim 4, Imwalle discloses the information includes computing performance parameters of the devices [para 6, 175].
As per claim 5, Imwalle discloses the information includes a cooling status of the devices within the data center [para 177, 178].
As per claim 6, Imwalle discloses the cooling status includes at least one of a device temperature, a temperature limit, a location of the device within the data center [para 177, 178], or cooling headroom availability [para 160].
As per claim 7, Imwalle discloses the processor circuitry is to obtain a current environment temperature of a plot of the data center [para 66, 175].
As per claim 8, Imwalle discloses the processor circuitry is to obtain a current humidity value of a plot of the data center [para 97, 100, 175-176].
As per claim 9, Imwalle discloses the environmental conditions setpoint includes a plurality of setpoints and the data center includes a plurality of plots, respective ones of the plots including a subset of the devices within the data center, the processor circuitry to output different ones of the environmental conditions setpoints for different ones of the plots [figure 1A; para 66 175, 180].
As per claim 10, Imwalle discloses the processor circuitry is to output the environmental conditions setpoint to automatically cause a change to the environmental conditions [figure 8; para 179-180].
As per claim 12, Imwalle discloses the processor circuitry is to limit the environmental conditions setpoint based on a bi-directional guard band to at least one of protect the devices in the data center or maintain a performance level for the devices. [figure 8; para 170, 180, 183].
As per claim 13, Imwalle discloses the processor circuitry is to: execute a parameterization function based on the information to determine the environmental conditions setpoint; and update the environmental conditions setpoint using a
bi-directional guard band [figure8; para 175-180].
As to claims 14-20, directed to a machine readable recording medium
storing the instructions to perform the method of steps executed by the system as set forth in claims 1-10 and 12-13. Therefore, it is rejected on the same basis as set forth
hereinabove.
As to claims 21, 27 and 29-31, claims 1-10 and 12-13 basically are the corresponding elements that are carried out the method of operating step in claims 21, 27 and 29-31. Accordingly, claims 21, 27 and 29-31 are rejected for the same reason as set forth in claims 1-10 and 12-13.
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 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.
8. 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.
9. Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Imwalle et al. (Imwalle) US publication no. 2013/0233532 A1 in view of Hyser et al. (Hyser), US patent no. 9003003.
As per claim 11, Imwalle fails to disclose the processor circuitry is to output the environmental conditions setpoint to a display.
Hyser discloses processor circuitry is to output the environmental conditions setpoint to a display [figure 5A; col. 10, lines 47-55].
It would have been obvious to one of ordinary skill in the art at time the invention to combine the teachings of Imwalle and Hyser because they both disclose an cooling data center system, the specify teachings of Hyser stated above would have further enhanced the performance and functionality of Imwalle system to obtain predictable results to display for user.
10. Examiner's note: Examiner has cited particular paragraphs and columns and line numbers in the references as applied to the claims above for the convenience of the applicant. Although the specified citations are representative of the teachings of the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested from the applicant in preparing responses, to fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner. MPEP 2141.02 VI: “PRIOR ART MUST BE CONSIDERED IN ITS ENTIRETY, INCLUDING DISCLOSURES THAT TEACH AWAY FROM THE CLAIMS."
11. The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure.
Hovis et al., US publication no. 2018/0032114, discloses a device comprising:
a processing system; a cooling system for cooling the processing system; and
a controller configured to: determine a power load of the processing system;
determine a temperature of the processing system; dynamically calculate a first thermal setpoint based at least in part on the power load and the temperature.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHUN CAO whose telephone number is (571)272-3664. The examiner can normally be reached on M-F 7:30 am-4:00 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kamini Shah can be reached on 571-272-2279. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHUN CAO/Primary Examiner, Art Unit 2115