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
Claim Objections
1. The numbering of claims is not in accordance with 37 CFR 1.126 which requires the original numbering of the claims to be preserved throughout the prosecution. When claims are canceled, the remaining claims must not be renumbered. When new claims are presented, they must be numbered consecutively beginning with the number next following the highest numbered claims previously presented (whether entered or not).
Misnumbered claim 7 has been renumbered 6.
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 1-5 & 7 is 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 1, it is not clear what Applicant means by “a circuit board with a plurality of heat-generating components mounted on a respective thermal plate or on a respective circuit”
For Examining purposes Examiner asserts that Applicant means that a circuit board has a plurality of heat-generating components mounted on it.
Claim 7 recites the limitation "The electronics assembly according to claim 6" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claims 2-5 are dependent on claims 1, therefore rejected for the same reason.
Double Patenting
3. Claim 1 of this application is patentably indistinct from claim 1 of Application No. 18746700. Pursuant to 37 CFR 1.78(f), when two or more applications filed by the same applicant or assignee contain patentably indistinct claims, elimination of such claims from all but one application may be required in the absence of good and sufficient reason for their retention during pendency in more than one application. Applicant is required to either cancel the patentably indistinct claims from all but one application or maintain a clear line of demarcation between the applications. See MPEP § 822.
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 1 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of co-pending Application No. 18746700 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the claim of the instant Application is rejected as being unpatentable over the claims of the co-pending Application. Please see below for the mapping in the table in which bolded limitations indicate the corresponding limitations between the instant Application and the co-pending Application.
Application: 18647095
Co-pending Application: 18746700
An electronic assembly comprising: a first housing portion having an electronics cavity for housing a circuit board with a plurality of heat-generating electronic components mounted on a respective thermal plate or on a respective circuit board; a second housing portion having a coolant cavity or coolant channel for circulating a coolant to dissipate heat from the heat-generating electronic components; and a gasket for isolating or hermetically sealing the electronics cavity from the coolant circulating in the coolant cavity or coolant channel, wherein the gasket comprises seal with two outer lips and a primary channel between the outer lips for conveying coolant to an exit aperture within the primary channel if coolant penetrates one of the outer lips facing the coolant cavity to prevent the ingress of fluid into the electronics cavity.
1. An electronic assembly comprising: a first housing portion having an electronics cavity for housing a circuit board with a plurality of heat-generating electronic components mounted on a respective thermal plate or on a respective circuit board; a second housing portion having a coolant cavity or coolant channel for circulating a coolant to dissipate heat from the heat-generating electronic components; and a gasket for isolating or hermetically sealing the electronics cavity from the coolant circulating in the coolant cavity or coolant channel, wherein the gasket comprises seal with two outer lips and a primary channel between the outer lips for conveying coolant to an exit aperture within the primary channel if coolant penetrates one of the outer lips facing the coolant cavity to prevent the ingress of fluid into the electronics cavity; a primary overflow vessel that is capable of receiving coolant from the exit aperture via an overflow linkage channel; a first sensor for detecting the presence of coolant in the primary overflow vessel; and an electronic display or alert device configured to display a visual alert or audible alert if the first sensor detects the presence of coolant in a primary overflow vessel.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claim Rejections - 35 USC § 102
4. In the event that 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.
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) 1-4 & 7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bojan et al. US2008/0285230.
Per claim 1 Bojan et al. teaches an electronic assembly (10, see fig.3) comprising: a first housing portion (32b) having an electronics cavity (see fig.3) for housing a circuit board (14b & 16; [0045]) with a plurality of heat-generating electronic components (12b; [0045], [0063], see fig.3) mounted on a respective thermal plate or on a respective circuit board ([0045]); a second housing portion (20b) having a coolant cavity ([0057]) or coolant channel for circulating a coolant ([0003], [0024]) to dissipate heat from the heat-generating electronic components ([0003], [0047]); and a gasket (24b and (30b-1, & 30b-2), see fig.2-3; [0059]) for isolating or hermetically sealing the electronics cavity from the coolant circulating in the coolant cavity or coolant channel (see fig.4; [0062]-[0063]), wherein the gasket comprises seal with two outer lips and a primary channel between the outer lips (see fig.3; [0059] & [0062]-[0063]) for conveying coolant to an exit aperture (42b) within the primary channel if coolant penetrates one of the outer lips facing the coolant cavity to prevent the ingress of fluid into the electronics cavity ([0060]).
Per claim 2 Bojan et al. teaches the electronics assembly according to claim 1 wherein the exit aperture (42b) is disposed in one side-wall of a non-penetrated one of the lips facing the electronics cavity (see fig.3) and wherein the exit aperture is bounded by a secondary gasket to contain the coolant (see fig.3, “secondary gasket is the right side portion of the gasket 30b-1 & 30b-2”).
Per claim 3 Bojan et al. teaches the electronics assembly according to claim 2 wherein within the first housing portion (see fig.3) or the second housing portion (see fig.3) there is a secondary channel (42b, “the exit aperture is also the secondary channel”) that is generally perpendicular to the primary channel (40b) and that serially receives coolant from the primary channel to route the received coolant away from the electronics cavity ([0060]).
Per claim 4 Bojan et al. teaches the electronics assembly according to claim 1 wherein the exit aperture (42b) is disposed within a central portion or bottom wall of the primary channel (see fig.3).
Per claim 7 Bojan et al. teaches the electronics assembly according to claim 6 wherein the gasket (24b & 30b-1 & 30b-2) has outer lips that are connected via a perpendicular bottom wall (28b, see fig.3).
Claim Rejections - 35 USC § 103
5. In the event that 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.
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) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bojan et al. US2008/0285230
Per claim 5 Bojan et al. teaches the electronic assembly according to claim 1
Bojan et al. does not explicitly teach wherein the gasket has a generally H-shaped cross-section.
Shibata et al. however discloses wherein the gasket has a generally H-shaped cross-section (see fig.1-3).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to have a H-shaped cross-section gasket as taught by Shibata et al. in the electronic assembly of Bojan et al., because it enables fluid flow in both sides of the gasket.
Email Communication
6. Applicant is encouraged to authorize the Examiner to communicate via email by filing form PTO/SB/439 either via USPS, Central Fax, or EFS-Web. See MPEP 502.01, 502, 502.05.
Conclusion
7. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Sharaf et al. US20120212175 discloses a housing for use in cooling first and second circuit assemblies with a fluid, the housing comprising: a first coldplate having a top side operable to receive the first circuit assembly; a second coldplate having a bottom side operable to receive the second circuit assembly; a fluid cooling chamber through which the fluid flows to cool the first and second circuit assemblies, the fluid cooling chamber being sealed with a bottom side of the first coldplate adjoining with an top side of the second coldplate.
Suzuki et al. US2001/0014029 discloses a power inverter, comprising: at least one semiconductor module having a plurality of power inverting semiconductor elements mounted therein; and a cooling case containing a cooling liquid for cooling said at least one semiconductor module, wherein said at least one semiconductor module comprises a semiconductor element and an electric circuit on a radiating plate.
Applicants are directed to consider additional pertinent prior are included on the Notice of References Cited (PTOL 892) attached herewith. The Examiner has pointed out particular references contained in the prior art of record within the body of this action for the convenience of the Applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply. Applicant, in preparing the response, should consider fully the entire reference as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the Examiner.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL A MATEY whose telephone number is (571)270-5648. The examiner can normally be reached Monday-Friday 8-5 EST.
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 5712723740. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL A MATEY/Primary Examiner, Art Unit 2835