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 Arguments
Applicant’s arguments have been fully considered but unpersuasive for the reasons set forth below.
In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). The Examiner respectfully submits the following:
Shrivastava et al. teaches multiple vestibules connected to the hot aisles configured to allow heat air to flow between the hot aisles, the vestibules including access doors (Figure 1-POD -> 1ma, 3a, 6a, 5a, 1b, 0021). Shrivasatava et al. is in the field of data center cooling directed to containment systems, 0002-0004).
Bednarcik et al. teaches modular, configurable aisle isolation and containment systems, including two or more modular coupled together with a connected structure (0029, Figure 1-14, including door access points (Figure 1-60, 0032-33), each interconnected modular unit allowing air flow to flow between a first hot aisle (e.g. see first hot aisle of first module) and a second hot aisle (e.g. see hot aisle of second modular unit (0032-33, Figure 1). Bednarcik is in the same field of endeavor with a benefit of providing modular, configurable aisle isolation (0002)
Bean et al. teaches controlling the flow of air throughout the datacenter by containing and cooling the air within at least hot aisles, including the application of modular and scalable cooling units, 0010-11, 0025-26, 0034 e.g. see containing hot air for cooling). Bean is in the same field of endeavor with a benefit of controlling load dynamics (0002-0004).
Bean et al., Bednarcik, and Shrivasatava et al. share a common nexus of isolating and containing airflow via modular system described above; each shares a common field of endeavor and are reasonably pertinent to a problem of airflow containment and cooling.
Applicant’s claim limitations, in combination, are directed to structural configurations, including:
:multiple modular hot aisle cooling units (MHACUs) arranged in a series in a data hall, each MHACU configured to cool multiple servers in the data hall, the servers arranged in multiple containment modules within the data hall, each containment module comprising a hot aisle; multiple vestibules, each connected to the hot aisles of at least two of the multiple containment modules and configured to allow heated air to flow between the hot aisles, and a cooling means including:
a pump package configured to provide cooling fluid to the multiple MHACUs; and at least one computing device configured to control at least one of air throughput, leaving air temperature, or leaving fluid temperature in each of the multiple MHACUs to customize cooling levels to different ones of the multiple containment modules.
The claim limitations, in combination, recite the equivalent of interconnected, modular units, each modular unit having a pump package, and where each unit is separated by at least one vestibule (e.g. enclosure with access door).
One of ordinary skill in the art before the effective filing date of the claimed invention applying the teachings of Bean, namely providing at least one modular unit comprising “the equipment rack 74 is configured to house IT or other types of electronic equipment, each indicated at 80. The combination of cooling modules 22 along with one or more ceiling panels 82 and doors (not shown) creates an enclosed hot aisle vestibule,” 0054), in light of the pertinent teachings of Bednarcik, namely expanding modular units for allowing airflow to flow between hot aisles and interconnected and having associated access doors, to the teachings of Shrivasatava et al., namely providing an enclosure with access door for allowing shared airflow (e.g. airflow between rack units), would achieve an expected and predictable result of expanding modular, contained cooling units having at least one access door with enclosure in between.
The expansion of the modular unit of Bean, via applying the teachings of Bednarcik and Shrivasatava et al, to providing an access door with a container area (e.g. vestibule), results in an improved, modular and interconnected system for allowing contained airflow to flow between first and second, in series connected, hot aisles for “optimizing air flow” via “contain and cool the air within the hot aisles,” 0010 (Bean); providing advantages of airflow management, 0047 (Bednarcik); and achieving optimal cooling control, 0014 (Shrivasatava et al.)
The inclusion of an access associated with a containment area of Shrivasatava et al, which illustrates unimpeded airflow from section 1a to 1b (Figure 1), when used as an interconnecting structure between the first and second hot aisles of Bednarcik, provides an expected and predictable result of allowing modular, interconnected units to share hot airflow between series connected hot aisles, while Bean illustrates an improved cooling means for each modular unit.
Applicant’s arguments directed to whether one would utilize the containment area w/door of Shrivasatava et al in place of the connecting structure 14 of Bednarcik do not account for the use of access doors in light of multiple, expanded and interconnected modules (e.g. “the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981).”). Here, the inclusion of an access door leading to a containment modular allowing airflow to travel from a first to a second area (1a-1b, Figure 1), given multiple interconnected modules, accounts for user access, a benefit of identifying alarms (0021, Shrivasatava et al.); and allows shared, hot airflow to flow between first, second, or nth containment modules, each module having the cooling means of Bean.
The applied combination of prior art is predicated on series, connected hot aisles; separated by an enclosure having an access door.
Allowable Subject Matter
Claims 9-11 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.
Claims 13-20 are allowed.
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.
Claim(s) 1, 4-8, and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Bean et al. (PG/PUB 20100305775) in view over Bednarcik et al. (PG/PUB 20100144265) in view over Shrivastava et al. (PG/PUB 20160073555)
Bean teaches a system comprising:
multiple modular hot aisle cooling units (MHACUs) arranged in a series in a data hall (Figure 1-22, Figure 2, Figure 3, 0054), each MHACU configured to cool multiple servers in the data hall (figure 1-26, 0004, 0054 e.g. see rack mounted electronics with associated cooling modules)
the servers arranged in multiple containment modules within the data hall (0012, 0054, Figure 4 e.g. see contained area enclosing ceiling panel, cooling modules, and door representing the vestibule ), each containment module comprising a hot aisle (e.g. see associated hot aisle per rack, 0021-24, Figure 4, Figure 6);
However, Bean does not expressly teach multiple vestibules connected to the hot aisles configured to allow heat air to flow between the hot aisles (e.g. as interpreted, inter-connected hot aisles arranged in series and separated by an enclosure configured to allow air flow (e.g. at least two open areas and at least two closed areas for containing the airflow). Bednarcik et al. teaches at least two hot aisles, each associated with a containment modules and interconnected by element 14 for forming an air tight seal. Shrivastava teaches providing an air tight containment module for allowing air to pass between containment modules (ABSTRACT, Figure 1-3a, 0016-0017)
One of ordinary skill in the art before the effective filing date of the claimed invention, applying the teachings of Bednarcik, namely providing first and second containment modules for a hot aisle separated by element 14, to the teachings of Bean, namely providing a hot aisle containment module, pursuant to duplication of part, see MPEP 2144.04, would achieve an expected and predictable result of interconnecting multiple air aisle containment modules having multiple enclosed areas between each of the containment modules. Bednarcik is in the same field of endeavor and reasonably pertinent to a problem of expanding multiple containment modules. One of ordinary skill in the art would be motivated to provide modular connections each comprising a hot aisle for expanding the functionality as descried by Bednarcik, Pursuant to MPEP 2144.04, duplication of parts, one of ordinary skill in the art duplicating the modular unit configuration (e.g. two hot aisles separated by element 14, would achieve an expected and predictable result of expanding data center capabilities by mirroring the configuration in a series for allowing horizontal airflow to pass between multiple hot aisles.
The combination does not expressly teach multiple vestibules between the series of multiple containment modules, each containment module associated with hot aisles. As applied, a first module has a first hot aisle before element 14 and a second module with second hot aisle after element 14 , and an enclosure of Shiravastava et al. is situated between.
Shiravastava et al teaches multiple vestibules (Figure 1-3a having associated pressure sensors, 6a). Bean as modified teaches a series of first and second hot aisles joined together by element 14.
multiple vestibules, each connected to the hot aisles of at least two of the multiple containment modules and configured to allow heated air to flow between the hot aisles (Shiravastava et al, Figure 1));
a pump package configured to provide cooling fluid to the multiple MHACUs (Bean, 0053-55, Figure 5); and at least one computing device configured to control at least one of air throughput, leaving air temperature, or leaving fluid temperature in each of the multiple MHACUs to customize cooling levels to different ones of the multiple containment modules (Bean Figure 3-36, 0048-54, 0067)
One of ordinary skill in the art before the effective filing date of the claimed invention, applying the teaching Bean, as modified, namely providing multiple interconnected first and second hot aisles separated by element 14, to the teachings of Shiravastava, namely providing multiple vestibules for facilitating air flow between racks, would achieve an expected and predictable result via substituting the vestibules of Shiravastava in place of element[s] 14, repeated across multiple containment modules. Shiravastava teaches interconnecting pods via an airtight enclosure while allowing airflow to flow between, Figure 1, including monitoring pressure. Bean, as modified, teaches interconnecting multiple modules/pods. Accordingly, whether element 14 or whether the vestibules of Shiravastava are utilized, an expected and predictable result is realized with a benefit of providing door access and pressure monitoring for regulating airflow across the series of containment modules while providing sealed airflow. Shiravastava is in the same field of endeavor and reasonably pertinent to a problem of interconnecting containment modules having a common aisle.
As applied, at least three modular containers would include 2 vestibules arranged in series while providing horizontal airflow to pass between first and second hot aisles separated by the enclosure that allows airflow to pass between.
Claim 4.
Bena teaches the system of Claim 1, further comprising: a first temperature sensor configured to measure a temperature of the cooling fluid in a first MHACU of the multiple MHACUs; and a second temperature sensor configured to measure a temperature of the cooling fluid in a second MHACU of the multiple MHACUs (0012, Figure 1, Figure 2, Figure 3)
Claim 5.
Bean teaches the system of Claim 4, further comprising: at least one coil disposed in the first MHACU, the at least one coil configured to transfer thermal energy from the heated air to the cooling fluid while the cooling fluid is conveyed through the at least one coil and the heated air passes over the at least one coil (0037)
Claim 6.
Bean, as modified, teaches the system of Claim 5, wherein the heated air is heated by the multiple servers and flows from the multiple servers to the first MHACU (Bean, see first MHACU as end-point of the hot aisle such that hot airflow is directed to the first MHACY)
Claim 7.
Bean teaches the system of Claim 1, wherein each of the multiple MHACUs is disposed above, behind, or in front of the multiple servers (0046, 0054, supra claim 1)
Claim 8.
Bean teaches the system of Claim 1, further comprising: one or more equipment sensors disposed adjacent to or within at least one of the multiple servers and communicatively coupled to the at least one computing device, the one or more equipment sensors configured to measure one or more properties of the multiple servers, the one or more equipment sensors comprising at least one of: a power sensor, a thermal sensor, a fan speed sensor, or a CPU sensor (0047, 0053, 0078, 0086)
Claim 12.
Bean teaches the system of Claim I, further comprising: a fluid cooler configured to receive heated fluid from the multiple MHACUs via the pump package, cool the heated fluid to form the cooling fluid, and output the cooling fluid to the pump package (Figure 2-20, 22, 24, Figure 1-12, 14, 16, 0040, 0045)
Claims 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over Bean et al. (PG/PUB 20100305775) in view over Bednarcik et al. (PG/PUB 20100144265) in view over Shrivastava et al. (PG/PUB 20160073555) in view over Gardner (ISPN 10667425)
Claim 2.
The system of Claim 1 but does not expressly teach the mesh wall limitations described below. Gardner teaches the mesh wall limitations described below
wherein each of the multiple vestibules comprises multiple mesh walls, each mesh wall disposed between that vestibule and one or more of the at least two containment modules, each mesh wall configured to allow the heated air to flow through that mesh wall while restricting movement of personnel through that mesh wall (Gardner, Col 13 lines 35-48 e.g. see perforated wall for facilitating airflow while Beam, as modified, teaches at multiple enclosed areas (vestibules w/ walls and doors) separating first and second hot aisle containment modules)
One of ordinary skill in the art before the effective filing date of the claimed invention, applying the teachings of Gardner namely providing perorated walls, to the teachings of Bean, as modified, namely providing a hot aisle containment modules interconnected by multiple vestibules, would achieve an expected and predictable of providing multiple perforated walls and/or doors to facilitate airflow of each vestibule. Gardner is reasonably pertinent to a problem of allowing airflow between areas in view of the problem of routing airflow between first and containment modules while restricting operator movement between first and second containment modules. Additionally, perforated doors and/or walls provides an improved invention without having to fully remove each wall and/or door prior to connecting multiple modules.
Claim 3.
Bean, as modified, teaches the system of Claim 2, wherein each of the multiple vestibules further comprises at least one solid wall and at least one door (supra claim 1, claim 3, where a vestibule comprises a door, side wall, and ceiling)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Containment
Claim 1 relevancy 20170121966 20220183191 20200217070 10667425 20170121966 20120229972 9661778 9615488 20130233532 20100305775 20120012283 20130276389 20120181906 20230380112 20100144265 20130233532 20100144265 20050286220 11382232 10356956 20170121966 20170127569 20130148291 20100144265 -0029
Claim 2 relevancy
20230304286 20210100130 20200154596 20170121966 20150237768 20140206272
Claim 3 relevancy
20250031337 20200084912 20190174651
THIS ACTION IS MADE FINAL. 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.
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/DARRIN D DUNN/Patent Examiner, Art Unit 2117