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 .
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 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)(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.
Claim(s) 1-8, 10, and 17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Liang (US 2024/057285).
Regarding claim 1, Liang teaches a refrigerant circulation device (1, Fig. 2, [0019]) comprising:
a first housing (10, Fig. 2, [0019]) including a first opening (11, Fig. 2, [0020]);
a protrusion (121, Fig. 2, [0020]) protruding from the first housing (Fig. 2); and
a pump (30, Fig. 2, [0019]) that is movable in a first direction (See annotated Fig. 2 below) in an internal space of the first housing through the first opening and is mounted at a mounting position that is a position of one side in the first direction relative to the first opening in the internal space (30, Fig. 1, Fig. 2, [0019]);
wherein the pump includes:
a first stopper (421, Fig. 7, Fig. 8, [0029], [0030]) that is movable between a first position that does not overlap with the protrusion in one side of the first direction (421 and 121, Fig. 8, [0030]) and a second position that overlaps with the protrusion in one side of the first direction and is on one side in the first direction relative to the protrusion (421 and 121, Fig. 7, [0029]).
a second housing (31, Fig. 2, [0021]) including a panel on another side in the first direction (See annotated Fig. 2 below); and
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a lever (40, Fig. 1) rotatably supported on the panel (Fig. 1, 40 is supported on the panel) about a shaft (44, Fig. 7, [0025]) along a second direction (See annotated Fig. 2 above) orthogonal to the first direction (Fig. 1, Fig. 2, 40 rotates in the second direction as shown in annotated Fig. 2 above, the vertical direction is orthogonal to the first direction, being the insertion direction), the lever being rotatable between (i) a creepage position where the lever extends along the panel (Fig. 1, 40 extends along the panel) and (ii) a separation position where the lever extends in the first direction away from the panel (Fig. 2, 40 extends in the first direction away from the panel).
Regarding claim 2, Liang teaches the first stopper is movable to contact with the protrusion while in the second position (421 and 121, Fig. 7, [0029]).
Regarding claim 3, Liang teaches the pump further includes:
a second housing including a panel on another side in the first direction (See claim 1 rejection above); and
a lever supported on the panel rotatably about a shaft along a second direction intersecting the first direction (See claim 1 rejection above); and
the first stopper (421, Fig. 7, [0025]) is provided around the shaft in the lever (Fig. 7, [0025]).
Regarding claim 4, Liang teaches the lever further includes a second stopper movable between a third position not overlapping with the protrusion in the first direction (See annotated Fig. 7 below) and a fourth position overlapping with the protrusion in the first direction and on the another side in the first direction relative to the protrusion (See annotated Fig. 8 below);
the second stopper:
is positioned in the fourth position when the first stopper is in the first position (See annotated Fig. 8 below);
is positioned in the third position when the first stopper is in the second position (See annotated Fig. 7 below); and
is movable to contact with the protrusion on the another side in the first direction relative to the protrusion (See annotated figures below) when the pump is in the mounting position (Fig. 8 vs Fig. 9, [0030], prior to the plug-in pump being driven to outwardly move, the plug-in pump is not yet released from the plugged/”mount” status but has the rotary arms in the position shown in Fig. 8) and in the fourth position (See annotated figures below).
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Regarding claim 5, Liang teaches a first fixing tool (43 and 310, Fig. 2, [0024]) to fix the lever (40, Fig. 1, Fig. 2, [0024]) to a second panel when the second stopper is at the third position (Fig. 7).
Regarding claim 6, Liang teaches a second fixing tool to fix the panel of the pump to the first housing (See annotated Fig. 1 and Fig. 2 below).
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Regarding claim 7, Liang teaches the first housing includes:
a wall partitioning the internal space (15, Fig. 4, [0028]); and
a pair of guide rails (14, Fig. 4, [0027]) provided on the wall to guide the second housing in the first direction.
Regarding claim 8, Liang teaches the pair of guide rails (14, Fig. 4, [0027]) oppose each other in a third direction intersecting with the first direction (See annotated Fig. 4 below); and
an interval in the third direction between the pair of guide rails is widest at a first end and a second end in the first direction (See annotated Fig. 4 below).
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Regarding claim 10, Liang teaches the protrusion (121, Fig. 2) protrudes inward of the first opening (11, Fig. 2) relative to an edge (12, Fig. 2) of the first opening in the first housing (10, Fig. 2).
Regarding claim 17, Liang teaches the protrusion (121, Fig. 2, [0020]) is included in a protrusion portion (12, Fig. 2, [0020]) attached to a panel (See annotated Fig. 2 below) of the first housing by a fixing tool (screw, See annotated Fig. 2 below).
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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.
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.
Claim(s) 9 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liang (US 2024/057285).
Regarding claim 9, Liang teaches the pump includes a suction port and a discharge port (a pump inherently has an inlet by suction and outlet for discharging); and
the refrigerant circulation device further includes a receiving portion (21, Fig. 2, [0021], 22, Fig. 2, [0022]).
Liang does not teach the receiving portion to receive the refrigerant below the suction port and the discharge port.
However, Liang teaches that the pump is made for a cooling distribution unit to perform as a liquid cooling heat dissipating module ([0002], [0007]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the receiving portion to receive the refrigerant below the suction port and the discharge port as Liang teaches the pump is made for a cooling distribution unit using liquid cooling and because the only connection between the machine case and the pump (Fig. 1) are through the moveable joint (32, 33, Fig. 2, [0021], [0022]) and fixed joint/connector (21, 22, Fig. 2, [0021], [0022]). Additionally, because Liang teaches the structure as claimed, the same structure of Liang should be able to perform the function as claimed by inherency.
Regarding claim 18, Liang does not teach a second fixing tool to fix the panel of the pump to the first housing at three or more locations on a peripheral edge of the first opening.
However, Liang teaches a second fixing tool to fix the panel of the pump to the first housing at 2 locations on a peripheral edge of the first opening (See annotated Fig. 1 below). Additionally, having the second fixing tool at three or more locations instead of two locations would not affect the operation of the device.
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the second fixing tool at three or more locations. Because the number of locations would not have modified the function of the device, the modification of the device orientation would be a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular number of locations was significant. (See reHarza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960))
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Claim(s) 11-12 and 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ye (US 2021/0274680), and further in view of Liang (US 2024/057285).
Regarding claim 11, Ye teaches a refrigerant circulation device (1, Fig. 4, [0029]) comprising:
a housing (10, Fig. 4, [0029]) including a first opening (Fig. 4, [0030], opening to plug/unplug fluid driving module from the casing);
a pump (141, Fig. 4, [0034]) mounted in the housing through the first opening (Fig. 4); and
a display assembly (17, Fig. 4, [0040]) that is provided in the housing to display a screen (Fig. 4, [0040]).
Ye does not teach a panel provided in the housing; and
a lever rotatably supported on the panel about a shaft along a second direction orthogonal to a first direction in which the pump is movable through the first opening, the lever being rotatable between a creepage position where the lever extends along the panel and a separation position where the lever extends in the first direction away from the panel.
However, Liang teaches a panel (See annotated Fig. 2 below) provided in the housing (10, Fig. 2); and
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a lever (40, Fig. 1) rotatably supported on the panel (Fig. 1, 40 is supported on the panel) about a shaft (44, Fig. 7, [0025]) along a second direction (See annotated Fig. 2 above) orthogonal to a first direction (See annotated Fig. 2 above) in which the pump (30, Fig. 2) is movable through the first opening (11, Fig. 1 and Fig. 2 shows the pump is movable in the first direction through 11), the lever being rotatable between a creepage position where the lever extends along the panel (Fig. 1, 40 extends along the panel) and a separation position where the lever extends in the first direction away from the panel (Fig. 2, 40 extends in the first direction away from the panel).
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the refrigerant circulation device of Ye to use the plug-in pump installation structure of Liang (Liang: 1, [0008], [0019]) in order to make operating procedures, for example maintenances or replacements, be easily processed and increase practicability (Liang: [0008]).
Regarding claim 12, modified Ye teaches the refrigerant circulation device is accommodated in a rack (2, Fig. 6, [0031]);
the rack includes a wall (device is a part of rack cooling system; therefore, rack also includes wall of device) partitioning an internal space opened through a second opening (See annotated Fig. 4 below); and
the first opening and the display assembly face a same direction as the second opening (See annotated Fig. 4 below).
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Regarding claim 19, modified Ye teaches a protrusion (Liang: 121, Fig. 2, [0020]) protruding from the housing (Liang: 10, Fig. 2, [0019]), wherein the protrusion is included in a protrusion portion (Liang: 12, Fig. 2, [0020]) attached to a panel (Liang: See annotated Fig. 2 below) of the first housing by a fixing tool (Liang: screw, See annotated Fig. 2 below).
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Regarding claim 20, modified Ye does not teach a fixing tool to fix a panel of the pump to the housing at three or more locations on a peripheral edge of the first opening.
However, Liang teaches a second fixing tool to fix the panel of the pump to the first housing at 2 locations on a peripheral edge of the first opening (Liang: See annotated Fig. 1 below). Additionally, having the second fixing tool at three or more locations instead of two locations would not affect the operation of the device.
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the second fixing tool at three or more locations. Because the number of locations would not have modified the function of the device, the modification of the device orientation would be a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular number of locations was significant. (See reHarza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960))
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Response to Arguments
Applicant’s arguments with respect to claim(s) 1 and 11 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
The rejections submitted within this Final Rejection remain to rely upon Liang and Ye as new interpretations of these prior art references teaches the new limitations as follows:
Regarding claim 1, Liang teaches previously presented limitations and also the new limitations. Liang teaches a second housing (31, Fig. 2, [0021]) including a panel on another side in the first direction (See annotated Fig. 2 below); and
a lever (40, Fig. 1) rotatably supported on the panel (Fig. 1, 40 is supported on the panel) about a shaft (44, Fig. 7, [0025]) along a second direction (See annotated Fig. 2 below) orthogonal to the first direction (Fig. 1, Fig. 2, 40 rotates in the second direction as shown in annotated Fig. 2 below, the vertical direction is orthogonal to the first direction, being the insertion direction), the lever being rotatable between (i) a creepage position where the lever extends along the panel (Fig. 1, 40 extends along the panel) and (ii) a separation position where the lever extends in the first direction away from the panel (Fig. 2, 40 extends in the first direction away from the panel).
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Regarding claim 11, Ye teaches the previously presented limitations but does not teach the new limitations. However, Liang teaches a panel (See annotated Fig. 2 below) provided in the housing (10, Fig. 2); and
a lever (40, Fig. 1) rotatably supported on the panel (Fig. 1, 40 is supported on the panel) about a shaft (44, Fig. 7, [0025]) along a second direction (See annotated Fig. 2 below) orthogonal to a first direction (See annotated Fig. 2 below) in which the pump (30, Fig. 2) is movable through the first opening (11, Fig. 1 and Fig. 2 shows the pump is movable in the first direction through 11), the lever being rotatable between a creepage position where the lever extends along the panel (Fig. 1, 40 extends along the panel) and a separation position where the lever extends in the first direction away from the panel (Fig. 2, 40 extends in the first direction away from the panel).
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As there is motivation for Ye to use plug-in pump installation structure of Liang to make operating procedures, for example maintenances or replacements, be easily processed and increase practicability (Liang: [0008]), the combination is obvious and teaches the new limitations.
In view of this new interpretation of the prior art (Liang and the combination of Liang and Ye), the arguments are not persuasive.
Conclusion
Applicant's amendment necessitated the new ground(s) 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 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to An Bach Phan whose telephone number is (571)272-7244. The examiner can normally be reached M-F, 7-3 ET.
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, Len Tran can be reached at (571)272-1184. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/A.B.P./Examiner, Art Unit 3763
/JENNA M MARONEY/Primary Examiner, Art Unit 3763
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