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 .
Election/Restrictions
Regarding Claim 10; a newly presented claim construction is herein asserted to exclude “at least two pump units”, and thus different search strategies and/or search queries thereof are required to search the new claim construction to determine allowability. The office hereby notes that the new construction of claim 10 only in-part presents the assertion of claim 15 which has already been examined and deemed as allowable as follows: “wherein the pump assembly comprises a casing and at least two pump units, and the at least two pump units are removably disposed in the casing”, and thus the previous construction shall be incorporated into claim 10.
Since applicant has received an action on the merits for the originally presented invention, this invention has been constructively elected by original presentation for prosecution on the merits. Accordingly, claims 10-15 withdrawn from consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and MPEP § 821.03.
To preserve a right to petition, the reply to this action must distinctly and specifically point out supposed errors in the restriction requirement. Otherwise, the election shall be treated as a final election without traverse. Traversal must be timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are subsequently added, applicant must indicate which of the subsequently added claims are readable upon the elected invention. As presented
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
2. The office herein notes that MPEP excerpts pertain hereto as follows:
821.03 Claims for Different Invention Added After an Office Action [R-3]
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Claims added by amendment following action by the examiner, MPEP § 818.01, § 818.02(a), to an invention other than previously claimed, should be treated as indicated by 37 CFR 1.145.
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37 C.F.R. 1.145 Subsequent presentation of claims for different invention.
If, after an office action on an application, the applicant presents claims directed to an invention distinct from and independent of the invention previously claimed, the applicant will be required to restrict the claims to the invention previously claimed if the amendment is entered, subject to reconsideration and review as provided in §§ 1.143 and 1.144
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The action should include form paragraph 8.04.
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¶ 8.04 Election by Original Presentation
Newly submitted claim [1] directed to an invention that is independent or distinct from the invention originally claimed for the following reasons: [2]
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Since applicant has received an action on the merits for the originally presented invention, this invention has been constructively elected by original presentation for prosecution on the merits. Accordingly, claim [3] withdrawn from consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and MPEP § 821.03.
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> A < complete action on all claims to the elected invention should be given.
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An amendment canceling all claims drawn to the elected invention and presenting only claims drawn to the nonelected invention should not be entered. Such an amendment is nonresponsive. Applicant should be notified by using form paragraph 8.26.
818.01 Election Fixed by Action on Claims
Election becomes fixed when the claims in an application have received an action on their merits by the Office
819 Office Generally Does Not Permit Shift [R-3]
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The general policy of the Office is not to permit the applicant to shift to claiming another invention after an election is once made and action given on the elected subject matter. Note that the applicant cannot, as a matter of right, file a request for continued examination (RCE) to obtain continued examination on the basis of claims that are independent and distinct from the claims previously claimed and examined (i.e., applicant cannot switch inventions by way of an RCE as a matter of right). When claims are presented which the examiner holds are drawn to an invention other than the one elected, he or she should treat the claims as outlined in MPEP § 821.03.
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Claim(s) 16-18, is/are rejected under 35 U.S.C. 102(a1) as being anticipated by (Campbell 2011/0317367).
Regarding Claim 16; Campbell discloses a server system (as constituted by 300-Fig. 3 including multi-blade center systems-301 comprising individual blades- 310), comprising: a rack (200), having an accommodation space and an inner bottom surface located at a bottom of the accommodation space (whereas an interior space of 300 defines an accommodation space, and where 320 is disposed on an inner bottom surface of the rack—as depicted by Fig. 3); a plurality of servers, disposed in the accommodation space (as already set forth by each 310 disposed within the interior space of the rack—as depicted by Fig. 3); and a heat dissipation module (as constituted by 320 which comprises a liquid to liquid heat exchanger), comprising: a pump assembly (as constituted by a pump included within 320—as set forth by para. 0037), disposed in the accommodation space and communicating with the plurality of servers (whereas 340 receives heat from the servers-310 via 342 and thermally communicates rejects heat via 341 and moving liquid coolant through 330 with pump—as set forth by para. 0037); and a plurality of heat exchange assemblies, removably disposed in the accommodation space (as set forth by para.’s 0037-0039 whereas each 340 is a movable chassis-level manifold subassembly which constitutes being removably disposed in an interior of the rack by coupling at least in-part via ports, quick connect couplings, and flexible hoses to manifold 330 which is hingedly mounted to a door and further by 340 disposed to reciprocate vertically at 302; NOTE: 340 is atleast in-part capable of moving out of the interior accommodation space via quick connect couplings, capable of moving out of the interior accommodation space along with the manifold when the door is opened, capable of being vertically displaced via 302 and/or as set forth by para. 0033 and 0037-liquid cooling appratus is readily adaptable to use with any housing, and thus liquid cooling apparatus 315 shown to include 340 is adaptable for use in the rack) and communicating with the pump assembly (as depicted by Fig. 3 340 is fluidly coupled to 320 and the pump thereof which moves the liquid coolant through the manifold-330--as further set forth by para. 0037); wherein heights of the plurality of servers, the pump assembly and the plurality of heat exchange assemblies relative to the inner bottom surface are different from one another (as depicted by Fig. 3—the servers at 310, the pump disposed in 320, and the respective heat exchange assemblies at 340 are atleast in-part disposed at different heights; wherein 320 is wholly disposed below 310 and 340; and the distance between the floor and a bottom of each 340 is greater than a distance between the floor and a bottom if each 310); wherein the pump assembly is separate from the plurality of heat exchange assemblies (as depicted by Fig. 3—whereas the pump is located within 320 at a bottom right of the rack which constitutes a different physical location with respect to either of the heat exchange assemblies defined by 340 at the left of the rack). Except, Campbell does not explicitly disclose
Regarding Claim 17; Campbell discloses the server system according to claim 16, wherein the plurality of heat exchange assemblies are located between the plurality of servers and the pump assembly (whereas the each 340 is located in the fluid path between the servers and the pump).
Regarding Claim 18; Campbell discloses the server system according to claim 17, wherein the pump assembly is located closer to the inner bottom surface than the plurality of heat exchange assemblies and the plurality of servers (as depicted by Fig. 3).
Allowable Subject Matter
Claims 19-20, 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.
Regarding Claim 19; the server system according to claim 16, wherein each of the plurality of heat exchange assemblies comprises a casing, a heat exchanger and a plurality of fans; in each of the plurality of heat exchange assemblies, the heat exchanger and the plurality of fans are located in the casing, the heat exchanger has an inlet and an outlet which are located at one side of the heat exchanger, and the plurality of fans are located at another side of the heat exchanger located opposite to the inlet and the outlet.
Claims 1-9, are herein deemed as allowed.
Response to Arguments
Applicant’s arguments with respect to claim(s) 16-20 have been considered but are moot; whereas modified rejection(s) are herein presented to read on the amended claim(s).
Going further, the applicant generally argues on page 15 that the pump assembly and the plurality of heat exchange assemblies are each disposed in 320 Fig. 3 of Campbell, and thus each has the same height and cannot read on the assertion “wherein heights…are different from one another”. The office otherwise notes that the heat exchange assemblies are constituted by 340 as rejected, and are NOT denoted as 320 or the liquid-to-liquid heat exchanger thereof which is otherwise cited to read on “a heat dissipation module” in line 5. As such, the pump assembly being removable from the heat dissipation module may distinguish the claim from the instant prior art--if so intended by the applicant. The office also notes that atleast one construction depicts a position of the vertically reciprocating heat exchange assemblies 340 and the servers each are shown in Fig. 3 as comprising corresponding top ends relative to an inner bottom of the rack, and thus the applicant may overcome the prior art by asserting the top ends of each of the heat exchange assemblies and the servers are disposed at different heights relative to the inner bottom of the rack.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to COURTNEY SMITH whose telephone number is (571)272-9094. The examiner can normally be reached M-F 9-5p.
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, Jayprakash Gandhi can be reached at 571-272-3740. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/COURTNEY L SMITH/Primary Examiner, Art Unit 2835
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