DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Election/Restrictions
Restriction to one of the following inventions is required under 35 U.S.C. 121:
I. Claims 1-10 and 18-20, drawn to a flow controller and method of using, classified in H05K 7/20781.
II. Claims 11-17, drawn to a processor, classified in H05K 7/20836.
The inventions are independent or distinct, each from the other because:
Inventions I and II are related as combination and subcombination. Inventions in this relationship are distinct if it can be shown that (1) the combination as claimed does not require the particulars of the subcombination as claimed for patentability, and (2) that the subcombination has utility by itself or in other combinations (MPEP § 806.05(c)). In the instant case, the combination as claimed does not require the particulars of the subcombination as claimed because the combination can work without a processor used to manage the control of the fluid. The subcombination has separate utility such as controlling temperature.
The examiner has required restriction between combination and subcombination inventions. Where applicant elects a subcombination, and claims thereto are subsequently found allowable, any claim(s) depending from or otherwise requiring all the limitations of the allowable subcombination will be examined for patentability in accordance with 37 CFR 1.104. See MPEP § 821.04(a). Applicant is advised that if any claim presented in a divisional application is anticipated by, or includes all the limitations of, a claim that is allowable in the present application, such claim may be subject to provisional statutory and/or nonstatutory double patenting rejections over the claims of the instant application.
Claim 1 link(s) inventions I and II. The restriction requirement between the linked inventions is subject to the nonallowance of the linking claim(s), claim 1. Upon the indication of allowability of the linking claim(s), the restriction requirement as to the linked inventions shall be withdrawn and any claim(s) depending from or otherwise requiring all the limitations of the allowable linking claim(s) will be rejoined and fully examined for patentability in accordance with 37 CFR 1.104 Claims that require all the limitations of an allowable linking claim will be entered as a matter of right if the amendment is presented prior to final rejection or allowance, whichever is earlier. Amendments submitted after final rejection are governed by 37 CFR 1.116; amendments submitted after allowance are governed by 37 CFR 1.312.
Applicant(s) are advised that if any claim presented in a divisional application is anticipated by, or includes all the limitations of, the allowable linking claim, such claim may be subject to provisional statutory and/or nonstatutory double patenting rejections over the claims of the instant application. Where a restriction requirement is withdrawn, the provisions of 35 U.S.C. 121 are no longer applicable. In re Ziegler, 443 F.2d 1211, 1215, 170 USPQ 129, 131-32 (CCPA 1971). See also MPEP § 804.01.
Restriction for examination purposes as indicated is proper because all the inventions listed in this action are independent or distinct for the reasons given above and there would be a serious search and/or examination burden if restriction were not required because one or more of the following reasons apply:
the inventions have acquired a separate status in the art in view of their different classification; and
the inventions require a different field of search (e.g., searching different classes/subclasses or electronic resources, or employing different search strategies or search queries).
Applicant is advised that the reply to this requirement to be complete must include (i) an election of an invention to be examined even though the requirement may be traversed (37 CFR 1.143) and (ii) identification of the claims encompassing the elected invention.
If claims are added after the election, applicant must indicate which of these claims are readable upon the elected invention.
During a telephone conversation with Samuel Noel (Registration No. 74039) on 4/15/2026 a provisional election was made without traverse to prosecute the invention of group I, claims 1-10 and 18-20. Affirmation of this election must be made by applicant in replying to this Office action. Claims 11-17 are withdrawn from further consideration by the examiner, 37 CFR 1.142(b), as being drawn to a non-elected invention.
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 1-10 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.
Claim 1, it is unclear from the claim language whether each of the “one or more manifolds” contains at least one fixed controller and at least one movable flow controller, or, if at least one fixed flow controller and at least one movable flow controller be found in any of the one or more manifolds. For examination purposes the latter will be assumed.
Claim 1 requires “one or more manifolds.” A “manifold” normally defined as allowing a fluid flow to be divided (one inlet to multiple outlets) and/or a fluid flow to be combined (multiple inlets to one inlet). Based upon Applicant’s disclosure, the term manifold appears to be neither of these, just a flow passage having a single inlet to a single outlet. Can Applicant provide a definition of the term “manifold” so that the metes and bounds of the term “manifold” is known? It appears that claim 1 can be anticipated by a flexible hose (i. e., manifold) with blind mate quick disconnects (i. e., flow controllers) on each end, where one end (i. e., fixed flow controller) becomes a fixed by virtual of being fixedly attached to a mating connector or by adjacent mounting which fixes the one end, and another end (i.e., movable flow controller) being movable by virtue of the hose being flexible.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of pre-AIA 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)(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.
Claim(s) 1, 3-5, and 8-10 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US 2021/0385978 to Shao et al.
Shao discloses;
As to claim 1, a system (Fig.1) comprising: one or more manifolds (5a,12a), having at least one fixed flow controller (end of 12a coupled to 14 [see ¶[0037], ll. 12-13] and ¶[0040], ll. 2-6, “each of the components may couple to another via connectors, such as dripless blind mating quick disconnects. In one embodiment, each of the connectors may be the same type of connector, such as being the same type of connector and/or having the same dimensions”) and at least one movable flow controller (10 and ¶[0034], ll. 16-17) (via rail system 6).
As to claim 3, the system of claim 1, wherein the at least one movable flow controller is associated with the at least one fixed flow controller and with a tube (12a) there between.
As to claim 4, the system of claim 3, wherein the tube is to extend as the at least one movable flow controller is moved in at least one direction (Fig.3) and to enable flow of fluid ([0001] system uses a fluid coolant) between the at least one fixed flow controller to the at least one movable flow controller.
As to claim 5, the system of claim 1, wherein the at least one movable flow controller (10) is to be movable in at least one direction (see e.g. Fig.3) relative to dimensions of at manifold (7).
As to claim 8, The system of claim 1, wherein the at least one movable flow controller is to be positioned for mating with at least one server tray or box (2a).
As to claim 9, The system of claim 1, wherein the at least one fixed flow controller (14) is to be mated with at least one rack manifold (7).
As to claim 10, Shao discloses the at least one (5a,12a) of the one or more manifolds is to be associated with at least one rack manifold (7) by push coupling (quick disconnects work by push coupling) of the at least one fixed flow controller with a corresponding flow controller (14 and ¶[0037], ll. 12-13) of the at least one rack manifold.
Claim Rejections - 35 USC § 103
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.
Claim(s) 2, 6-7, and 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2021/0385978 to Shao et al. in view of US 2016/0270260 to Franz.
As to claim 18, Shao discloses providing at least one movable flow controller (10), the at least one movable flow controller associated with at least one fixed flow controller (end of 12a coupled to 14 [see ¶[0037], ll. 12-13] and ¶[0040], ll. 2-6, “each of the components may couple to another via connectors, such as dripless blind mating quick disconnects. In one embodiment, each of the connectors may be the same type of connector, such as being the same type of connector and/or having the same dimensions”). Shao fails to disclose wherein the movable flow controller is within one or more manifolds. Franz teaches flow controller (610) within manifold (640). It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the filing to modify the cooling manifold of Shao with a dripless connector as taught by Franz to prevent leakage of coolant upon attachment or disengagement of the device.
As to claim 2, Shao discloses all of the limitations of claim 1, including a cooling manifold (5a), as well as movable flow connector (10) being a dripless connector ([0040]). Shao fails to disclose wherein the at least one movable flow controller (10) is within a cooling manifold of the one or more manifolds. Franz teaches a flow controller (610) within a manifold (640). It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the filing to modify the cooling manifold of Shao with a dripless connector as taught by Franz to prevent leakage of coolant upon attachment or disengagement of the device.
As to claim 6, Shao discloses all of the limitations of claim 5. Shao further discloses wherein the at least one movable flow controller (10) is movable in a provided path (via rail 6) along the at least one direction, the system further comprising: a position lock ([0032] “The connecting unit may slide along the mounting rail 6 to a particular location (e.g., by a technician) and be mounted in place by coupling the unit to the mounting rail 6 via one or more bolts (or fasteners) that are inserted into the holes of the mounting rail.” The fasteners in this constituting a position lock) associated with the provided path to lock the at least one movable flow controller in a determined position to align with a corresponding flow controller of a server tray (2a). Shao fails to disclose wherein the at least one movable flow controller is movable within the at least one of the one or more manifolds. Franz teaches a flow controller (610) movable within a manifold (640). It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the filing to modify the cooling manifold of Shao with a dripless connector as taught by Franz to prevent leakage of coolant upon attachment or disengagement of the device.
As to claim 7, Shao discloses all of the limitations of claim 5. Shao fails to disclose wherein the at least one movable flow controller (10) is to be movable in the at least one direction to a location in the at least one of the one or more manifolds that is aligned with a server tray flow controller (mating connector of 10 and ¶[0040], ll. 2-6, “each of the components may couple to another via connectors, such as dripless blind mating quick disconnects. In one embodiment, each of the connectors may be the same type of connector, such as being the same type of connector and/or having the same dimensions”) of a server tray or box (2a). Franz teaches a flow controller (610) movable to a location in manifold (640) that is aligned with a server tray flow controller ([0021] “ The dripless connector may "float" or translate to accommodate movements associated with assembly, shipping, installation, usage, or other events such as vibration, accidents, earthquakes, and so on. Examples may be constructed in increments of one rack unit (i.e., 1 U), to match sizes of various servers.”) It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the filing to modify the cooling manifold of Shao with a dripless connector as taught by Franz to prevent leakage of coolant upon attachment or disengagement of the device.
As to claim 19, modified Shao discloses all of the limitations of claim 18. Shao further discloses enabling the at least one movable flow controller (10) to be movable in at least one direction (see Fig.3) relative to dimensions of at least one (5b,12b) of the one or more manifolds (5a,12a and 5b,12b), wherein the at least one movable flow controller is to be associated with the at least one fixed flow controller and with a tube (12a) there between.
As to claim 20, modified Sao discloses all of the limitations of claim 18. Shao further discloses enabling the at least one movable flow controller to be positioned for mating with a server tray (2a) and the at least one fixed flow controller (10) to be mated with a rack manifold (7).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 10,980,154 to Gao teaching an adjustable cooling assembly for servers. US 11,252,844 is the issued patent of US 2021/0385978.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMIL ALEXANDER DECKER whose telephone number is (571)272-6578. The examiner can normally be reached 8am-5pm Mon-Fri.
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/JAMIL ALEXANDER DECKER/Examiner, Art Unit 2835
/ROBERT J HOFFBERG/Primary Examiner, Art Unit 2835
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