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 .
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 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 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.
Claims 1, 3-4, 6-8, 10 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Lin (US PG Pub. 2024/0057286A1) in view of Wan et al. (US PG Pub. 20110226456A1), hereinafter referred to Wan.
Regarding Claim 1, Lin discloses an immersion heat exchange system, comprising:
a cooling equipment comprising a primary container (110) and at least one cooling tank (116) provided in the primary container (shown at least in figure 2), the cooling tank holding a cooling liquid (shown in figure 3) in order for an active heat source device (10) to be immersed in the cooling liquid (shown in figure 3); and
a heat exchange equipment (120a) connected to the cooling equipment (shown in figure 4), which comprises a secondary container (shown in figure 4, containing the second tank (117)) and at least one heat exchange tank (117) provided in the secondary container (shown in figure 4), wherein
the heat exchange tank is provided therein with at least one condenser (120a), which divides the heat exchange tank into an input portion (112a) and an output portion (portion of the secondary tank (117) being situated on the left side of the heat exchanger (120a)), with at least one circulation device (130) corresponding to and working with the input portion and/or the output portion of the heat exchange tank (shown in figures 2-4), wherein
the circulation device (130) draws the cooling liquid in the cooling tank and forces the drawn cooling liquid into the heat exchange tank (shown in figure 4, wherein the pumps (130) force working fluid into the secondary tank (117), thereby producing a circulation loop with the main tank (116)), and the output portion of the heat exchange tank is in communication with the cooling tank to enable circulation (shown in figure 3).
Although Lin discloses a heat exchanger that contains tubes for cooling an electronic component in an immersed cooling system, the cooling liquid having entered the heat exchange tank (117) exchanges heat with the thermal conduction medium in the heat exchanger (120a) and “In other embodiments, a type of the first heat exchanger 120 is not limited thereto. The first heat exchanger 120 may also increase a heat dissipation area through other structures, as long as the first heat exchanger 120 has a channel or a through hole to allow the cooling fluid to pass through” (¶26), Lin fails to disclose the condenser comprises a first main-channel tube connected to a heat dissipation device, a plurality of flat tubes each having one end connected to the first main-channel tube to allow passage of a thermal conduction medium, and a second main-channel tube connected to an opposite end of each of the flat tubes, and the second man-channel tube is connected to the heat dissipation device, wherein the cooling liquid having entered the heat exchange tank exchanges heat with the thermal conduction medium in the flat tubes through the flat tubes such that a temperature of the cooling liquid is reduced while a temperature of the thermal conduction medium is increased.
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Wan Figure 5
Wan, also drawn to a heat dissipation device for cooling an electronic component, teaches the condenser (31, 32) comprises a first main-channel tube (shown in annotated figure 1) connected to a heat dissipation device (“The inlet pipeline 10 and the outlet pipeline 20 are further connected to a chiller to form a coolant cycle”, ¶19), a plurality of flat tubes (shown in annotated figure 1) each having one end connected to the first main-channel tube to allow passage of a thermal conduction medium (shown in annotated figure 1), and a second main-channel tube connected to an opposite end of each of the flat tubes (shown in annotated figure 1), and the second man-channel tube is connected to the heat dissipation device (“The inlet pipeline 10 and the outlet pipeline 20 are further connected to a chiller to form a coolant cycle”, ¶19, wherein the coolant loop having the chiller fluidly connects both the first and second mani-channel tubes with the chiller), wherein a cooling liquid exchanges heat with the thermal conduction medium in the flat tubes (shown at least in figures 1, 3 and 5) through the flat tubes such that a temperature of the cooling liquid is reduced while a temperature of the thermal conduction medium is increased (see intended use analysis below).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide Lin with the condenser comprises a first main-channel tube connected to a heat dissipation device, a plurality of flat tubes each having one end connected to the first main-channel tube to allow passage of a thermal conduction medium, and a second main-channel tube connected to an opposite end of each of the flat tubes, and the second man-channel tube is connected to the heat dissipation device, wherein the cooling liquid having entered the heat exchange tank exchanges heat with the thermal conduction medium in the flat tubes through the flat tubes such that a temperature of the cooling liquid is reduced while a temperature of the thermal conduction medium is increased, as taught by Wan, the motivation being to adequately cool a large-sized electronic device with increased heat transfer surface area or to increase the surface area contact between the two working fluids with additional flow paths thereby increasing heat transfer capability of the heat exchanger.
Regarding Claim 1, MPEP 2114 II clearly states “[A]pparatus claims cover what a device is, not what a device does" and a claim having a “recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim.” Because Claim 5 fails to further limit the apparatus in terms of structure, but rather only recite further functional limitations, regarding “the cooling liquid having entered the heat exchange tank exchanges heat with the thermal conduction medium in the flat tubes through the flat tubes such that a temperature of the cooling liquid is reduced while a temperature of the thermal conduction medium is increased” and “in order to deliver the thermal conduction medium whose temperature has been increased to the heat dissipation device to complete circulation of the thermal conduction medium”, the invention as taught by the combined teachings of Lin and Wan are deemed fully capable of performing such function. Lin comprises an immersion cooling system comprising an immersed heat exchanger capable of reducing a temperature of the cooling liquid while a temperature of the thermal conduction medium is increased, wherein Wan teaches a heat dissipation device capable of cooling. Therefore, the claim limitations are met by the combination of the references put forth in this action.
A recitation with respect to the manner in which a claimed apparatus is intended to be employed, regarding “condenser”, does not differentiate the claimed apparatus from a prior art apparatus satisfying the structural limitations of the claims, as is the case here. Please see Section 2114 of the MPEP entitled Functional Language.
Regarding Claim 3, Lin further discloses the secondary container comprises: a secondary container body (shown in figure 4) having the heat exchange tank (117), a collection opening provided on an upper side of the secondary container body (portion of the body forming the pools (118-119)), and a communication opening (115) provided on a lower side of the secondary container body and communicating with the cooling tank (shown in figure 3).
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Lin Figure 4
Regarding Claim 4, Lin further discloses the collection opening is provided therein with a separation plate covering the condenser from above (shown in annotated figure 4), the separation plate is provided with a least one through hole to allow passage of the cooling liquid (shown in annotated figure 4), and the through hole is aligned with a side of the condenser that faces the input portion (shown in figure 4, wherein the opening is situated in the rear of the pump pool (119) and at least partially aligned or overlapping with the second zone (112a)).
Regarding Claim 6, a modified Lin further teaches there are a plurality of said condensers (31, 32), and the condensers are connected in series (shown in figure 5).
Regarding Claim 7, a modified Lin further teaches the first main-channel tube (shown in annotated figure 1) of each of the condensers is connected to the same heat dissipation device (see ¶19 and figure 5, wherein the condensers are fluidly connected to the chiller through the piping (10, 20)), and the second main-channel tube (shown in annotated figure 1) of each of the condensers is connected to the same heat dissipation device (see ¶19, wherein the condensers are fluidly connected to the chiller through the piping (10, 20)).
Regarding Claim 8, a modified Lin further teaches the first main-channel tube (shown in annotated figure 1) of at least one of the condensers is connected to the second main-channel tube of another said condenser (shown in figure 5, wherein a first outlet end (37) is connected to a second inlet end (38)).
Regarding Claim 10, a modified Lin further teaches the first main-channel tube of one of the condensers (shown in annotated figure 1 of Wan) adjacent to the output portion (the heat exchanger being adjacent to the output portion is previously taught by Lin) is connected to the heat dissipation device (see ¶19 of Wan, wherein the heat exchangers (31, 32) are connected to a chiller). It is noted that the heat exchanger being adjacent to the output portion is taught by Lin, wherein Wan teaches it is old and well known for the heat exchanger to comprise a first and second main-channel tube.
Regarding Claim 12, Lin further discloses the circulation device (130) is a pump (see ¶25) for drawing the cooling liquid in the cooling tank to the heat exchange tank (shown in figure 4, wherein the pumps (130) force working fluid into the secondary tank (117), thereby producing a circulation loop with the main tank (116)).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Lin (US PG Pub. 2024/0057286A1) in view of Wan et al. (US PG Pub. 20110226456A1) as applied in Claims 1, 3-4, 6-8, 10 and 12 above and in further view of Taras et al. (US PG Pub. 20110056668A1), hereinafter referred to as Taras.
Regarding Claim 9, a modified Lin fails to teach the second main-channel tube of at least one of the condensers is connected to the second main-channel tube of another said condenser.
Taras, also drawn to a multiple heat exchangers connected in series, teaches a second main-channel tube of at least one of the condensers (30 of the top heat exchanger shown in figure 2) is connected to a second main-channel tube of another said condenser (20 of the bottom heat exchanger shown in figure 2).
A modified Lin does however teach multiple heat exchangers connected in series, wherein tubing connects one header of a first heat exchanger to another header of a second heat exchanger in order to extend the fluid flow path and increase the overall heat transfer of the system.
One of ordinary skill in the art would recognize that there is a need in the art to provide a connection between multiple heat exchangers in order to increase the fluid flow path and ultimately the heat transfer capacity. Therefore, when there are a finite number of identified, predictable solutions, i.e. the connected headers of different heat exchangers are situated on the same side or different sides of the heat exchanger, a person of ordinary skill has a good reason to pursue the known options within his or her technical grasp. If this leads to the anticipated success, i.e. that the working fluid will pass from one heat exchanger to another while occupying the same overall flow path, it is likely the product is not of innovation but of ordinary skill and common sense. In that instance, the fact that a combination was obvious to try might show it was obvious under 35 U.S.C. 103 (KSR Int' l Co. v. Teleflex Incl, 127 S. Ct. 1727, 1742, 82 USPQ2d 1385, 1396 (2007)).
Therefore, it would have been obvious to one of ordinary skill in the art, at the time of the effective filing date of the claimed invention, to provide Lin with the second main-channel tube one of the condensers being connected to the second main-channel tube of another condenser, since choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success, is within the abilities of one having ordinary skill. See MPEP 2143(I)(E).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Lin (US PG Pub. 2024/0057286A1) in view of Wan et al. (US PG Pub. 20110226456A1) as applied in Claims 1, 3-4, 6-8, 10 and 12 above and in further view of Best et al. (US PG Pub. 2015/0334880A1), hereinafter referred to as Taras.
Regarding Claim 11, Lin fails to teach a booster pump is provided between the condenser and the heat dissipation device, and the booster pump forces the thermal conduction medium into the tubes of the condenser to enable circulation.
Best, also drawn to a liquid cooled device, teaches a booster pump (“Module 135 for cooling apparatus 150, according to one or more embodiments, includes a controller for controlling a pump motor in loop 175, which may be on-off control or variable speed control”, ¶37) is provided between the condenser (140) and the heat dissipation device (150), and the booster pump forces the thermal conduction medium into the tubes of the condenser to enable circulation (shown in figure 1B being the loop (175), wherein the heat exchanger details are previously taught by Wan). It is noted that Best teaches it is old and well known to utilize pumps to circulate working fluid between a heat exchanger and a cooling apparatus.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide Lin with a booster pump being provided between the condenser and the heat dissipation device, and the booster pump forces the thermal conduction medium into the tubes of the condenser to enable circulation, as taught by Best, the motivation being that a pump regulates working fluid flow and therefore the cooling capacity, wherein a variable speed pump may save resources while providing the necessary cooling to the heat generating component or that the pump regulates the cooling of the heat generating device thereby mitigating degradation or failure of said device due to excessive heat.
Response to Arguments
Applicant's arguments filed 01/02/2026 have been fully considered but they are not persuasive.
On Page 10 of the Arguments the Applicant states, “However, referring to the disclosures of Lin, Lin discloses that ‘The cooling fluid in the main tank 116 overflows to the pump pool 119 as shown by an arrow in FIG. 4, and then is pumped to the high-level pool 118 by the fluid delivery device 130’ (see, e.g., FIGS. 2 and 4). Therefore, the allegation in the Office Action is unfounded. Lin fails to disclose ‘wherein the circulation device draws the cooling liquid in the cooling tank and forces the drawn cooling liquid into the heat exchange tank’ recited in the amended claim 1 of the present application”. The Examiner respectfully disagrees. The pump (130) of Lin is instigating the circulation of cooling fluid within the heat exchange system shown in figures 2 and 4, wherein without the pump the fluid would not circulate from the main tank to the pump pool. “The cooling fluid in the main tank 116 overflows to the pump pool 119 as shown by an arrow in FIG. 4, and then is pumped to the high-level pool 118 by the fluid delivery device 130 (e.g., the pump) to flow to the second zone 112a”.
On Page 11 of the Arguments the Applicant states, “Moreover, one of ordinary skill in the art knows that the cooling fluid (which is adapted to dissipate the heat for an electronic device immersed in the cooling fluid) used in the system of Lin would have a higher viscosity coefficient than that of the coolant (which is used for absorbing the heat in the high temperature air) used in the device of Wan. Accordingly, in consideration of the differences between the disclosures of Lin and Wan (such as structures, fluid dynamics, etc.), one of ordinary skill in the art wound not combine the distinct teachings of Lin and Wan. Therefore, the allegation in the Office Action is unjustifiable.” The Examiner respectfully disagrees. The heat exchanger of Lin is disclosed as being part of immersion cooled system, wherein outlet pipes (122) are shown in figure 4 delivering and removing working fluid to the heat exchanger. Wan teaches the structure for a heat exchanger having first and second main tubes that are connected to a plurality of flat tubes for increasing the surface area and therefore the heat exchange capacity. One of ordinary skill in the art having read Wan would recognize that the heat exchanger of Lin would benefit from opposing headers with a plurality of flat tubes. Further, “A person of ordinary skill in the art is also a person of ordinary creativity, not an automaton.” KSR, 550 U.S. at 421, 82 USPQ2d at 1397. “[I]n many cases a person of ordinary skill will be able to fit the teachings of multiple patents together like pieces of a puzzle.” Id. at 420, 82 USPQ2d at 1397. Office personnel may also take into account “the inferences and creative steps that a person of ordinary skill in the art would employ.” Id. at 418, 82 USPQ2d at 1396
On Page 12 of the Arguments the Applicant states, “the claimed invention of the present application shows unexpected results, and the results are of a significant, practical advantage. For example, as described in the specification of the present application, ‘The present invention uses a condenser to cool a cooling liquid directly, lest the high viscosity coefficient of the cooling liquid cause a loss in heat exchange efficiency. The invention has such advantages over the prior art as high efficiency, high fault tolerance, and ease of maintenance" (see, e.g., paragraphs [0018] and [0063]).’” The Examiner respectfully disagrees. The arguments of counsel cannot take the place of evidence in the record. In re Schulze, 346 F.2d 600, 602, 145 USPQ 716, 718 (CCPA 1965); In re Geisler, 116 F.3d 1465, 43 USPQ2d 1362 (Fed. Cir. 1997). See MPEP 716.01(c).
A showing of unexpected results must be based on evidence, not argument or speculation. In re Mayne, 104 F.3d 1339, 1343-44, 41 USPQ2d 1451, 1455-56 (Fed. Cir. 1997) (conclusory statements that claimed compound possesses unusually low immune response or unexpected biological activity that is unsupported by comparative data held insufficient to overcome prima facie case of obviousness).
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 PAUL ALVARE whose telephone number is (571)272-8611. The examiner can normally be reached Monday-Friday 0930-1800.
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/PAUL ALVARE/Primary Examiner, Art Unit 3763