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 .
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 .
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.
Claim Objections
Claim 19 is objected to because of the following informalities:
In claim 19, line 1; the phrase “claim 18” should be changed to --claim 17-- for proper antecedent basis.
Appropriate correction is required.
Claim Rejections - 35 USC §112
2. 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 18-21 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 pre-AIA the applicant regards as the invention.
Claim 18 recites the limitation "the heat pump" in line 8. There is insufficient antecedent basis for this limitation in the claim.
Claims 19-21 are rejected based upon their dependency from claim 18.
Claim Rejections - 35 USC § 103
3. 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 of this title, 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 2-10 and 13-17 are rejected under 35 U.S.C. 103 as being unpatentable over ZHANG et al (English Translated Chinese Patent Publication No.: CN 105928235 B), hereinafter referred to as ZHANG et al ‘235, in view of Alley (U.S. PG Pub No.: 2022/0252357 A1), hereinafter referred to as Alley ‘357.
Regarding claims 2 and 16, ZHANG et al ‘235 disclose a thermal management system and method for a data center, comprising: a thermal storage tank (3), configured to maintain a stable operating temperature of a liquid coolant (refrigerant) in response to variations between heat provided from the data center and a cooling demand, comprising: a passive stabilizer (water), configured to absorb an amount of temperature fluctuation of the liquid coolant {as shown in Fig. 1: Abstract, and invention content}; a data center cooling loop (DCCL), coupled to the data center and the thermal storage tank, configured to deliver heated data center coolant to the thermal storage tank and deliver cooled data center coolant to the data center{as shown in Fig. 1: Abstract, and invention content}; and an active stabilizer (5), coupled to the thermal storage tank, configured to modify the liquid coolant to a modified temperature meeting a temperature stabilization requirement {as shown in annotated Fig. 1: Abstract, and invention content}.
However, ZHANG et al ‘235 fail to explicitly disclose the limitation of the thermal storage tank comprising a passive stabilizer.
Alley ‘357 teaches: the concept of the thermal storage tank (503) comprising a passive stabilizer (505) {as shown in Fig. 5: ¶ [0143]}.
Since all claimed elements were known in the art at the time of the invention, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify ZHANG et al ‘235 thermal storage tank by a thermal storage tank of Alley ‘357 so as to include the use of a passive stabilizer, in order to facilitate less mass storage requirement {Alley ‘357 – ¶ [0007]}.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify the ZHANG et al ‘235 in view of Alley ‘357 to obtain the invention as specified in claim 2.
Regarding claim 3, the combination of ZHANG et al ‘235 and Alley ‘357 disclose and teach the thermal management system of claim 2, ZHANG et al ‘235 disclose wherein a temperature of the heated data center coolant varies based on a data processing load of computing devices within the data center {as shown in Fig. 1: Abstract, and invention content}.
Regarding claim 4, the combination of ZHANG et al ‘235 and Alley ‘357 disclose and teach the thermal management system of claim 2, ZHANG et al ‘235 disclose wherein the thermal storage tank comprises an insulation layer (2-1) {as shown in Fig. 2: Description}.
Regarding claim 5, the combination of ZHANG et al ‘235 and Alley ‘357 disclose and teach the thermal management system of claim 2, ZHANG et al ‘235 disclose wherein the passive stabilizer is configured to maintain a temperature of the liquid coolant {as shown in Fig. 1: Abstract, and invention content}.
Regarding claims 6 and 17, the combination of ZHANG et al ‘235 and Alley ‘357 disclose and teach the thermal management system of claims 2 and 16, respectively ZHANG et al ‘235 as modified by Alley ‘357 teaches wherein the passive stabilizer comprises encapsulated phase change material configured to change state at a phase change temperature {see ¶¶ [0024], [0149]}.
Regarding claim 7, the combination of ZHANG et al ‘235 and Alley ‘357 disclose and teach the thermal management system of claim 6, ZHANG et al ‘235 disclose wherein the phase change temperature and the stabilization requirement are based on waste heat needs for an end user of thermal energy {as shown in Fig. 1: Abstract, and invention content}.
Regarding claim 8, the combination of ZHANG et al ‘235 and Alley ‘357 disclose and teach the thermal management system of claim 7, ZHANG et al ‘235 disclose further comprising: a cooling heat exchanger (6), coupled to the thermal storage tank, configured to provide cooling capacity to the district heating system {as shown in Fig. 1: Abstract, invention content and Description}; and a heating heat exchanger (4), coupled to the thermal storage tank, configured to provide heating capacity to the district heating system {as shown in Fig. 1: Abstract, invention content and Description}.
Regarding claim 9, the combination of ZHANG et al ‘235 and Alley ‘357 disclose and teach the thermal management system of claim 8, ZHANG et al ‘235 disclose wherein the cooling capacity and the heating capacity are simultaneously provided to the district heating system {as shown in Fig. 1: Abstract, invention content and Description}.
Regarding claim 10, the combination of ZHANG et al ‘235 and Alley ‘357 disclose and teach the thermal management system of claim 2, ZHANG et al ‘235 disclose wherein the active stabilizer comprises a heat pump (5, 3, 7, 6) configured to boost a temperature of the liquid coolant to meet the stabilization requirement {as shown in Fig. 1: Abstract, invention content and Description}.
Regarding claim 13, the combination of ZHANG et al ‘235 and Alley ‘357 disclose and teach the thermal management system of claim 2, ZHANG et al ‘235 disclose wherein the active stabilizer comprises a cooling system (5, 4, 19 and 8) configured to dissipate extra heat in the thermal storage tank {as shown in annotated Fig. 1: Description}.
Regarding claim 14, the combination of ZHANG et al ‘235 and Alley ‘357 disclose and teach the thermal management system of claim 13, ZHANG et al ‘235 disclose comprising: a dry cooler (4), configured to dissipate the extra heat to the ambient {as shown in Fig. 1: Description}; and a pump (8), coupled to the dry cooler, configured to be activated in response to a temperature of the liquid coolant is above the stabilization requirement {as shown in Fig. 1: Description}.
Regarding claim 15, the combination of ZHANG et al ‘235 and Alley ‘357 disclose and teach the thermal management system of claim 14, ZHANG et al ‘235 disclose comprising: a cooling coil (CC), coupled to the dry cooler and within the thermal storage tank, configured to absorb heat from the liquid coolant in response to the pump being activated {as shown in annotated Fig. 1: Description}.
Claims 11, 12 and 18-21 are rejected under 35 U.S.C. 103 as being unpatentable over ZHANG et al ‘235 and Alley ‘357 as applied to claim 10 above, further in view of Marchetti et al (U.S. PG Pub No.: 2017/0074538 A1), hereinafter referred to as Marchetti et al ‘538.
Regarding claim 11, the combination of ZHANG et al ‘235 and Alley ‘357 disclose and teach the thermal management system of claim 10, wherein the heat pump comprises: a compressor (5) {as shown in Fig. 1: Description}; EXCEPT for the limitation of a variable speed driver, coupled to the compressor, wherein the variable speed driver is modulated based on an outlet temperature of the thermal storage tank.
Marchetti et al ‘538 teach: the concept of a variable speed driver, coupled to the compressor, wherein the variable speed driver is modulated based on an outlet temperature of the thermal storage tank {see ¶¶ [0015], [0040], [0045], [0053] and [0075]}.
Since all claimed elements were known in the art at the time of the invention, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify ZHANG et al ‘235 compressor by the compressor of Marchetti et al ‘538 so as to include the use of a variable speed driver, coupled to the compressor, wherein the variable speed driver is modulated based on an outlet temperature of the thermal storage tank, in order to facilitate variation in the amount of liquid refrigerant that is compressed {Marchetti et al ‘538 – ¶ [0045]}.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify the ZHANG et al ‘235 in view of Marchetti et al ‘538 to obtain the invention as specified in claim 11.
Regarding claim 12, the combination of ZHANG et al ‘235, Alley ‘357 and Marchetti et al ‘538 disclose and teach the thermal management system of claim 11, ZHANG et al ‘235 disclose comprising: a condenser coil (CC), within the thermal storage tank, wherein the compressor is configured to compress the superheated refrigerant within the condenser coil to heat the liquid coolant {as shown in annotated Fig. 1: Description}.
Regarding claim 18, the combination of ZHANG et al ‘235 and Alley ‘357 disclose and teach the method of claim 16, wherein modifying the temperature of the data center coolant comprises: in response to the data center coolant temperature is above the stabilization requirement, modulating by a dry cooler (4), the data center coolant temperature to meet the stabilization requirement {as shown in Fig. 1: Abstract, invention content and Description}; and in response to the data center coolant temperature is below the stabilization requirement, and a compressor (5) {as shown in Fig. 1: Abstract, invention content and Description}.
However, ZHANG et al ‘235 fail to explicitly disclose the limitations of the compressor modulating by a variable speed driver, the data center coolant temperature to meet the stabilization requirement, wherein the heat pump comprises the variable speed driver and the compressor.
Marchetti et al ‘538 teach: the concept of the compressor modulating by a variable speed driver, the data center coolant temperature to meet the stabilization requirement, wherein a heat pump (see Fig. 1) comprises the variable speed driver and the compressor {see ¶¶ [0015], [0040], [0045], [0053] and [0075]}.
Since all claimed elements were known in the art at the time of the invention, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify ZHANG et al ‘235 compressor by the compressor of Marchetti et al ‘538 so as to include the use of the compressor modulating by a variable speed driver, the data center coolant temperature to meet the stabilization requirement, wherein a heat pump (see Fig. 1) comprises the variable speed driver and the compressor {Marchetti et al ‘538 – ¶ [0045]}.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify the ZHANG et al ‘235 in view of Marchetti et al ‘538 to obtain the invention as specified in claim 18.
Regarding claim 19, the combination of ZHANG et al ‘235, Alley ‘357 and Marchetti et al ‘538 disclose and teach the method of claim 18, ZHANG et al ‘235 as modified by Alley ‘357, further teaches the limitation wherein the phase change material is encapsulated in a thermal storage tank (503) that receives the data center coolant and provides the modified data center coolant; and ZHANG et al ‘235 as modified by Marchetti et al ‘538 further teach the limitation of wherein the compressor, the variable speed driver, and the dry cooler are coupled to the thermal storage tank {as shown in Fig. 1}.
Regarding claim 20, the combination of ZHANG et al ‘235, Alley ‘357 and Marchetti et al ‘538 disclose and teach the method of claim 18, ZHANG et al ‘235 disclose wherein the dry cooler dissipates extra heat to ambient air {as shown in Fig. 1: Description}.
Regarding claim 21, the combination of ZHANG et al ‘235, Alley ‘357 and Marchetti et al ‘538 disclose and teach the method of claim 18, ZHANG et al ‘235 disclose wherein a cooling heat exchanger (6) and a heating heat exchanger (4) simultaneously provide the modified data center coolant at the modified temperature for use outside the data center {as shown in Fig. 1}.
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Response to Arguments
4. Applicant's arguments, see pages 7-12, filed 11/20/2025, with respect to the rejection(s) of claim(s) 2-15 under 35 USC 112(a) or 112 (pre-AIA ), First Paragraph and claim(s) 16-21 under 35 USC 112(a) or 112 (pre-AIA ), Second Paragraph, have been fully considered but are moot in view of the new ground(s) of rejection as detailed above.
Conclusion
5. Applicant's amendment necessitated the new grounds of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EMMANUEL E DUKE whose telephone number is (571)270-5290. The examiner can normally be reached on Monday thru Friday; 6:00 AM to 2:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, FRANTZ JULES can be reached on (571)272-6681. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/EMMANUEL E DUKE/
Primary Examiner, Art Unit 3763
01/31/2026
/FRANTZ F JULES/Supervisory Patent Examiner, Art Unit 3763