Prosecution Insights
Last updated: April 19, 2026
Application No. 18/393,724

MULTIMODE IMMERSION COOLING

Non-Final OA §101§102§103§112§DP
Filed
Dec 22, 2023
Examiner
HINCAPIE SERNA, GUSTAVO A
Art Unit
3763
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Nano And Advanced Materials Institute Limited
OA Round
1 (Non-Final)
59%
Grant Probability
Moderate
1-2
OA Rounds
3y 3m
To Grant
85%
With Interview

Examiner Intelligence

Grants 59% of resolved cases
59%
Career Allow Rate
239 granted / 405 resolved
-11.0% vs TC avg
Strong +26% interview lift
Without
With
+26.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
38 currently pending
Career history
443
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
47.1%
+7.1% vs TC avg
§102
27.0%
-13.0% vs TC avg
§112
25.0%
-15.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 405 resolved cases

Office Action

§101 §102 §103 §112 §DP
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. Drawings The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the one or more second conduits having one or more cooling fluids circulating through the one or more second conduits of claim 5 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. 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 3-8 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. Regarding claim s 3 -4 , it is unclear what “ the first heat exchanger sub-system ” the claims are referring to. For the purpose of this examination, and according to the instant specification and claim 1, the claims have been interpreted to mean: -- the first heat removal sub-system --. Regarding claim 5 , it is unclear what “ one or more second conduits having one or more cooling fluids circulating through the one or more second conduits ” the claim is referring to. There is no reference in the instant specification regarding one or more second conduits having one or more cooling fluids circulating through the one or more second conduits as it pertains to the drawings. Please refer also to the drawings objection, above. Regarding claim 6 , in lines 1-2, it is unclear how the cooled heat transfer fluid (20) can be returned to the container (12) via the first conduit (34) . The first conduit (34) directs hot fluid (20) from the container (12) to the heat exchanger (34) and cannot, simultaneously, return cooled fluid (20) from the heat exchanger (34) to the container (12). Regarding claim 7 , in line 3, it is unclear if the “ an electronic device ” is the same as the “ an electronic device ” of line 3 of claim 1. Regarding claim 8 , it is unclear what “ the second heat exchanger sub-system ” the claim is referring to. For the purpose of this examination, and according to the instant specification and claim 1, the claim has been interpreted to mean: -- the second heat-removal subsystem --. Claim Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102: 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 1-4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gao (US 2023/0180428). Regarding claim 1 , Gao discloses: a multimode immersion cooling system (figs. 1-2 and 6) for a first, single-phase immersion cooling mode and a second, two-phase immersion cooling mode [par. 0019] comprising: a fluid-retaining container (224, fig. 2; 615, fig. 6) having space for accommodating an electronic device (210/220, fig. 2; 614/616, fig. 6) ; a single thermal transfer fluid (211, fig. 2; 605, fig. 6) positioned in the container (224, fig. 2; 615, fig. 6) such that the electronic device (210/220, fig. 2; 614/616, fig. 6) is at least partially in contact with the thermal transfer fluid (211, fig. 2; 605, fig. 6) , the thermal transfer fluid (211, fig. 2; 605, fig. 6) remaining in a liquid phase in a first single-phase immersion cooling mode and vaporizing when the thermal transfer fluid temperature reaches its boiling point in a second two-phase immersion cooling mode [par. 0028, as it applies to the embodiment of figs. 2 and 6, where condensers 202/212, 610 contact vaporized fluid 211, 605] ; a first single-phase mode heat removal sub-system [par. 0023, as it applies to the embodiments of fig. 2 and 6] (also, seen in figure 6 showing exchanger 606 and associated pump) com municating with the fluid-retaining container (615, fig. 6) , the first heat removal sub-system including: one or more pumps (next to exchanger 606, fig. 6 , and par. 0023 “ a pump…may be present upstream of the receiving ports and/or downstream of the draining ports ” -emphasis added- as it applies to the embodiment of figs. 2 and 6 ) and fluid-removal conduits communicating with the fluid-retaining container (615, fig. 6) to remove heated thermal transfer fluid from the thermal transfer fluid (605, fig. 6) positioned in the fluid-retaining container (615, fig. 6) during the first single-phase immersion cooling mode [par. 0054] ; a heat exchanger (606, fig. 6) for extracting thermal energy from the heated thermal transfer fluid to form cooled thermal transfer fluid (605, fig. 6) [par. 0054] ; one or more pumps (next to exchanger 606, fig. 6) and fluid-returning conduits communicating with the fluid-retaining container (615, fig. 6) to return the cooled thermal transfer fluid (605, fig. 6) to the fluid-retaining container (615, fig. 6) [par. 0054] ; a second two-phase mode heat-removal sub-system (206/216, fig. 2; 607, fig. 6) communicating with the fluid-retaining container (224, fig. 2; 615, fig. 6) including: a condenser (202/212, fig. 2; 610, fig. 6) for contacting vapor from vaporized thermal transfer fluid such that vapor from vaporized thermal transfer fluid (211, fig. 2; 605, fig. 6) that contacts t he condenser (202/212, fig. 2; 610, fig. 6) during the secon d, two-phase immersion cooling mode [par. 0028, as it applies to the embodiment of figs. 2 and 6, where condensers 202/212, 610 contact vaporized fluid 211, 605]; a controller (234, fig. 2) for determining the multimode immersion cooling system operat ing in the first single-phase mode [par. 0036] . Regarding claim 2 , Gao discloses: the controller (234, fig. 2) circulates a coo ling fluid to the condenser (202/212, fig. 2; 610, fig. 6) during the second two-phase mode [par. 0056]. Regarding claim 3 , Gao discloses: the first heat removal sub-system includ ing a first conduit for transporting heated thermal transfer fluid (211, fig. 2; 605, fig. 6) from the fluid-retaining container (2 24, fig. 2; 615, fig. 6) (best seen in fig. 6) . Regarding claim 4 , Gao discloses: the first heat removal sub-system includ ing a pump (seen in fig. 6 and par. 0023 “ pumps upstream and/or downstream …”) for transporting the heated thermal transfer fluid (211, fig. 2; 605, fig. 6) in the first conduit (best seen in fig. 6) . Regarding claim s 5-7 , the claims have not been addressed in this Office Action based on the 112(b) rejections, above. Claim Rejections - 35 USC § 103 The following is a quotation of 35 U.S.C. 103: 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. Claims 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over Gao. Regarding claim 8 , Gao discloses: the condenser (202/212, fig. 2; 610, fig. 6) of the s econd heat removal sub-system conduits positioned in the fluid-retaining container (224, fig. 2; 615, fig. 6) , the conduits having cooling fluid circulating therethrough [par. 0056], but does not disclose the conduits being in the form of coils . the Examiner takes Official Notice of condensers comprising coils, tubes or conduits and the selection of any of these known cooling elements as thermal transfer elements of the condenser would be within the level of ordinary skill in the art. Regarding claim 9 , Gao discloses: the circulating cooling fluid extract ing heat from the thermal transfer fluid vapor to cond ense the thermal transfer fluid (211, fig. 2; 605, fig. 6) [par. 0028, as it applies to the embodiment of figs. 2 and 6]. Regarding claim 1 0 , Gao discloses: the circulating cooling fluid transfer r ing the extracted heat from the thermal transfer fluid to the atmosphere by a cooler (602) (through exchanger 604) (seen in fig. 6) [par. 0054], but does not disclose a cooling tower. However, Gao alludes to the possibility of using a chiller as an obvious variation of the cooler (602) [par. 0054] (just as in the instant specification PG Pub par. 0050). Therefore, it would have been obvious to o ne o f skill in the art, before effective filing date of the claimed invention , to incorporate into Gao a cooling system such as a chiller or a cooling tower as an obvious variation of the cooler (602) , as a matter of an obvious design choice, according to the user needs. DOUBLE PATENTING A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co. , 151 U.S. 186 (1894); In re Vogel , 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert , 245 F.2d 467, 114 USPQ 330 (CCPA 1957). A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101. Claims 11-18 are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1 -8 of prior U.S. Patent No. 12,534,657 . This is a statutory double patenting rejection. Claims 19-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim s 9-12 of prior U.S. Patent No. 12,534,657 . Although the claims at issue are not identical, they are not patentably distinct from each other because the parent claims are narrower in scope than the instant claims. This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented. Regarding claim 19 , the parent reference recites in claim 9: the thermal transfer fluid furth er comprising a density-reducing agent having a density less than 1200 kg/m³ in an amount less than or equal to 50 percent by weight . The parent reference recites in claim 10: wherein the density-reducing agent is selected from diethyl ether, petroleum ether, tetrahydrofuran, hexane, heptane, octane, cyclohexane, diglyme, 2-butanone, ethyl acetate, ethyl propionate, methyl propionate, hexane, heptane, octene, or dimethyl carbonate. Therefore, meeting the limitations of the instant claim. Regarding claim 20 , the parent application recites in claim 11 : the thermal transfer fluid further com prising a flame retardant in an amount less than or equal to 50 percent by weight Therefore, meeting the limitations of the instant claim. The parent reference recites in claim 12: wherein the flame retardant is selected from 1,1,1,2,3,3,3-heptafluoropropane, 1,1,1,2,2-pentafluoroethane, bromochlorodifluoromethane, bromotrifluoromethane , perfluoro(2-methyl-3- pentanone), perfluoro(2,4-dimethyl-3-pentanone), heptafluoro-1-methoxpropane, methyl nonafluoroisobutyl ether, ethyl nonafluoroisobutyl ether, 3-methoxyperfluoro(2-methylbutane), 1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-(trifluoromethyl)pentane, perfluoro(4-methylpent-2-ene), trimethyl phosphate, triethyl phosphate, tripropyl phosphate, tributyl phosphate, triphenyl phosphate, trixylyl phosphate, or tris(1-chloro-2-propyl) phosphate. Therefore, meeting the limitations of the instant claim. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT GUSTAVO A HINCAPIE SERNA whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)272-6018 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT 10:00am - 6:00pm . 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, FILLIN "SPE Name?" \* MERGEFORMAT Len Tran can be reached on FILLIN "SPE Phone?" \* MERGEFORMAT 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. /GUSTAVO A HINCAPIE SERNA/ Examiner, Art Unit 3763 /LEN TRAN/ Supervisory Patent Examiner, Art Unit 3763
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Prosecution Timeline

Dec 22, 2023
Application Filed
Mar 13, 2026
Non-Final Rejection — §101, §102, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
59%
Grant Probability
85%
With Interview (+26.0%)
3y 3m
Median Time to Grant
Low
PTA Risk
Based on 405 resolved cases by this examiner. Grant probability derived from career allow rate.

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