DETAILED ACTION
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.
The Information Disclosure Statement, filed 20 November 2024 has been fully considered by the examiner. A signed copy is attached.
Acknowledgement is made of the preliminary amendment to the claims filed on 21 May 2024, and the application is being examined on the basis of the amended disclosure.
Claims 1-11(I), and 11(II)-20 are pending.
Claims 1-11(I) and 11(II)-20 are rejected, grounds follow.
Priority
Examiner acknowledges that instant application is a Continuation-in-Part of Application 17/218,743 (now US patent # 12,196,438) and has been accorded the benefit of the original priority date for those portions which find support in the earlier filed application(s).
Response to Arguments
Applicant’s arguments, see remarks filed 21 May 2024 with respect to claim(s) 1-2, 6-8, 10-11, 15-16, and 20 in the parent case with respect to the Cheng CN 105091187 reference 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.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. Support for claims 4 and 5 appears to be lacking in the specification, in particular Page 10 c. line 25 appears to discuss doing the opposite of what is claimed (e.g. an inverse relationship between differential and speed: increased fan speed as differential decreases, or decreased fan speed as differential increases). As these claims are part of the original filing in this application, the specification is objected to for failing to provide proper antecedent basis for the claimed subject matter. Correction is required. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o).
Examiner cautions that no New Matter may be introduced by amendments to the specification to address this objection. (see MPEP 608.04(a)).
Claim Objections
There are two Claim 11s. Appropriate Correction is Required. Examiner recommends canceling one of the claim 11s and entering a new claim 21 which recites substantively the same subject matter.
Claim Rejections - 35 USC § 112
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 14 and 19 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The term “excessively” in claims 14 and 19 is a relative term which renders the claim indefinite. The term “excessively” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
For the purpose of applying art, examiner has construed the limitation as reciting the ambient air temperature has exceeded a threshold for maintaining the machine room temperature.
Claim Rejections - 35 USC § 103
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) 1, 2, 9, 11(I), 11(II), 13, and 16-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over De Felice US Pg-Pub 2016/0143181 in view of Lu Chinese Patent Application CN 103196214, alternatively further in view of Jung, US Pg-Pub 2019/0383500.
Regarding Claim 1, De Felice teaches:
A method (see fig. 4) of controlling a machine enclosure (see fig. 1, [0018] “enclosure 110”) internal temperature ([0015] “ an interior temperature of the equipment enclosure”) through an ambient air exchange,(fig. 1, [0022] “Intake vent 156 and output vent 158 are also responsive to the controller 150, and coordinate with the intake fan 154 for exchanging ambient air.”) comprising:
receiving an indication of a machine room temperature inside the machine enclosure; ([0021] “The controller 150 connects to the thermostat 138 via the interface 160, and also connects to temperature sensors (such as thermistors) 151-1 and 151-2, for sensing interior temperature in the enclosure 110…”)
receiving an indication of an ambient air temperature of ambient air outside the machine enclosure; (ibid. [0021] “…and 151-3 (151 generally) for sensing ambient temperature outside the enclosure 110.”)
performing [a mapping of values from a table] based on a temperature differential computed from a difference between the machine room temperature and the ambient air temperature, ([0029] “Sensor information such as temperature, humidity and airflow therefore derives from the temperature or other sensors placed in the conditioned space and outside of the enclosure to determine a delta or difference to help identify expected changes in the conditioned space will result from exchange with the outside air.” ) and a fan speed value (e.g. at least on and off) corresponding to the temperature differential; (see [0003] “Air exchange logic performs selective disabling, based on an interior temperature of the equipment enclosure and an ambient temperature outside the equipment enclosure, of the native cooling resource in favor of ambient air exchange with the equipment enclosure.” [0029] “sensor information…derives from the temperature or other sensors placed in the conditioned space and outside of the enclosure to determine a delta or difference to help identify expected changes in the conditioned space will result from exchange with the outside air.”)
modulating a fan speed of a fan driving an exchange of the ambient air outside with the air inside the machine room based on a mapped value from the table. (see fig. 4 and [0039] “The air exchange logic 152 determines when the native control of the HVAC system 130 is operating outside of predetermined limits for temperature, as shown at step 202 and the air exchange logic 152 suspends operation of the native control in favor of ambient air circulation by exchanging outside air, as depicted at step 203.” See also [0003] and [0029] cited supra.)
De Felice differs from the claimed invention in that:
De Felice does not teach using a table for mapping the fan speed value to the temperature differential.
However, mapping tables for correlating a to-be-commanded fan speed to a temperature differential are known in the art, as exemplified by, e.g. Lu ([0010] “constructing a mapping table of the direct current motor speed corresponding to the set temperature difference threshold;”) (nb. the DC motor drives the fan, see [0149] “DC motor receives the controller output of the first control information according to the first control information to regulate operation of the motor rotational speed and drives the fan;” [0005] “the temperature controller changes the rotating speed of the permanent magnet brushless direct current motor, brushless direct current motor to drive the rotating speed of fan rotation changed.”)
Lu is analogous art because it is from the same field of endeavor as the claimed invention and primary reference of environmental control for interior spaces.
Examiner finds 1) the prior art contained a device (method, product, etc.) which differed from the claimed device by the substitution of some components (step, element, etc.) with other components; the teachings of De Felice which differed from the claimed invention by the use of a mapping table to relate temperature differentials to fan operation parameters rather than an algorithmic technique; 2) the substituted components and their functions were known in the art – as exemplified by the teachings of Lu, which uses a mapping table to relate temperature differentials to rotational speed for the motor of a fan; 3) one of ordinary skill in the art could have substituted one known element for another and the results of the substitution would have been predictable at least because it can improve control precision of the fan, as taught by Lu ([0063] “Thus, with multiple temperature difference threshold is set in advance in the controller, and setting multiple temperature difference threshold corresponding to the speed of the direct current motor, makes it to air quantity adjusting; it can effectively reduce the energy consumption of the temperature adjusting, improves the control precision.”)
Should applicant feel that modulating a fan speed between an on-state and an off-state does not adequately teach “modulating a fan speed…” the claim is alternatively rejected further in view of Jung, which teaches an equipment enclosure where the rotational speed of external air exchange fan is increased and decreased proportional to a temperature differential between interior and ambient air temperature (see Jung [0064] the control apparatus 900 may control the number of rotations of the external air circulation fan 230 according to the difference between the temperature of the external air and the temperature of the internal air. That is, the control apparatus 900 controls to increase the number of rotations of the external air circulating fan 230 when the difference between the temperature of the external air and the temperature of the internal air becomes larger or over a predetermined value or threshold, and to decrease the number of rotations of the external air circulating fan 230 when the difference between the temperatures of the internal air becomes smaller or less than a predetermined value or threshold.”)
Jung is analogous art because it is from the same field of endeavor as the claimed invention and principle reference of environmental control for interior spaces.
One of ordinary skill in the art before the effective filing date could have modified the teachings of De Felice to modulate the fan rotational speed based on a difference in temperature when the fan is to be commanded on, as taught by Jung.
One of ordinary skill in the art could have been motivated to make this modification because they would have recognized the modification would provide increased control over the rate of exchange between the interior and ambient air volumes by varying the flow rate across the fan proportional to rotational speed.
Regarding Claim 16, This claim recites substantively the same subject matter discussed above, except embodied as a Temperature Controller Device; Mutatis mutandis, this claim is also obvious over De Felice in view of Lu, alternatively further in view of Jung for the same reason(s) articulated with respect to claim 1 above.
Regarding Claims 2 and 18, De Felice in view of Lu, alternatively further in view of Jung, teaches all of the limitations of parent claims 1 and 16 respectively,
De Felice further teaches:
determining when the ambient air exchange becomes ineffective at maintaining the machine room temperature; (see [0040] “concluding the capability of the native control further includes comparing the temperature of ambient air outside the machine room 112 with a maximum interior temperature, and determining that ambient air circulation provides insufficient cooling capacity,”)
and invoking a mechanical cooling device ([0018] “A HVAC system 130 provides the native control and includes an evaporator 132 and fan 133 for blowing cooled air, a compressor 136, a condenser 134 outside the enclosure”) for maintaining the machine room temperature. (ibid [0040] “…resulting in a switch over from ambient air circulation back over to the native control 130.”)
Regarding Claim 9, De Felice in view of Lu, alternatively further in view of Jung teaches all of the limitations of parent claim 1,
De Felice further teaches:
iteratively (see fig. 4, particularly arrows to step 201 from 202 and 215) executing instructions in a control loop (ibid) for assessing heating and cooling demand in the machine enclosure; (step 201 “monitor the temperature in the machine room”)
evaluating, at each iteration, whether ambient air exchange or mechanical cooling is better suited for maintaining the machine room temperature in an operational range; (step 202; “Determine if the native control is operating outside of predetermined limits for temperature”)
and selectively invoking the ambient air exchange based on the evaluation. ([0015] “In a typical operating scenario according to configurations herein, a controller having air exchange logic disables, based on an interior temperature of the equipment enclosure and an ambient temperature outside the equipment enclosure, the native cooling resource in favor of ambient air exchange with the equipment enclosure, and monitors the interior temperature for determining when to re-enable the native cooling resource.”)
Regarding Claim 11(I) De Felice in view of Lu, alternatively further in view of Jung teaches all of the limitations of parent claim 9,
De Felice further teaches:
determining that the machine room temperature is below a temperature threshold indicative of a cooling need; ([0043] “The predetermined limits such as temperature also pertain to environmental conditions in the enclosure and the deviant parameter includes at least one of excessively cold”)
disengaging the ambient air exchange based on the machine room temperature; (see claim 4, step 207-208, and [0003]; particularly claim 4 “monitoring includes a measurement of an interior temperature inside the machine room, a measurement of exterior temperature of ambient air outside the machine room, and a correction interval for permitting the native control to remain idle.”)
and periodically reevaluating the machine room temperature in the control loop. ([0037] “The air exchange logic 152 monitors the temperature in the machine room 112 for deviation from the predetermined limits, as depicted at step 201.” nb. see fig. 4 this is an iterative control loop.)
Regarding Claim 11(II) De Felice in view of Lu, further in view of Jung teaches all of the limitations of parent claim 1,
De Felice further teaches:
determining that the ambient air exchange has approached a limit of cooling effectiveness from the ambient air exchange; ([0040] “determining that ambient air circulation provides insufficient cooling capacity”
running the fan at a maximum speed for increasing a cooling effect of the ambient air exchange; ([0040] “In particular configurations, concluding the capability of the native control further includes comparing the temperature of ambient air outside the machine room 112 with a maximum interior temperature, and determining that ambient air circulation provides insufficient cooling capacity, resulting in a switch over from ambient air circulation back over to the native control 130.”)
and disengaging the ambient air exchange in favor of activation of the HVAC system. ([0040] “resulting in a switch over from ambient air circulation back over to the native control 130.”)
(nb. It should be noted that in determining that the cooling capacity of an ambient air circulation device is insufficient (De Felice [0040]), it is implied that the air circulation device is/was already operating at a highest possible capacity (i.e. maximum speed) whereby the system was still unable to satisfy the desired conditions even at a highest possible performance level, thereby “insufficient”. See MPEP 2144.01)
Regarding Claim 13, De Felice in view of Lu, further in view of Jung teaches all of the limitations of parent claim 1,
De Felice further teaches:
determining a high temperature condition indicated by the machine room temperature; ([0043] “The predetermined limits such as temperature also pertain to environmental conditions in the enclosure and the deviant parameter includes at least one of excessively cold or hot interior temperature, excessive humidity, airflow or excessive cycling of a refrigerant compressor of the native control.”
and invoking continuous fan operation to fully ventilate the machine room. ([0048] “then the air exchange logic 152 re-inhibits the native control 130 at the expiration of the takeback timer 184 if the condition persists as depicted at step 214, and continues management of the interior temperature using the ambient air exchange for preventing hardware overheating, as disclosed at step 215. Ambient air exchange can effectively provide sufficient cooling depending on the differential between ambient (outside) air and the machine room 112 temperature resulting from equipment generated heat.”
Regarding Claim 17, De Felice in view of Lu, further in view of Jung teaches all of the limitations of parent claim 16,
Lu further teaches:
wherein the mapping table includes a set of values indicative of a temperature differential, (see [0021]-[0023] at least 3 temperature differential ranges/thresholds) and a corresponding set of values for a fan speed, (ibid. e.g. [0022] “if the absolute value of the temperature difference is greater than or equal to the second temperature difference threshold is less than the first temperature difference threshold, the direct current motor output comprises the first control information is greater than the direct current motor rotating speed information corresponding to second temperature difference threshold;”) each value for the temperature differential having a corresponding value for the fan speed. ([0010] “respectively constructing a mapping table of the direct current motor speed corresponding to the set temperature difference threshold;”)
Claim(s) 4-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over De Felice in view of Lu, further in view of Jung.
Regarding Claim 4, De Felice in view of Lu, alternatively further in view of Jung teaches all of the limitations of parent claim 1,
De Felice further teaches:
computing a temperature differential, the temperature differential based on a difference between the machine room temperature and the ambient air temperature; ([0029] “Sensor information such as temperature, humidity and airflow therefore derives from the temperature or other sensors placed in the conditioned space and outside of the enclosure to determine a delta or difference”)
Jung further teaches:
decreasing the fan speed for decreasing a rate of ambient air exchange as the temperature differential decreases. (Jung [0064] “and to decrease the number of rotations of the external air circulating fan 230 when the difference between the temperatures of [nb. the external air and] the internal air becomes smaller or less than a predetermined value or threshold.”)
Jung is analogous art because it is from the same field of endeavor as the claimed invention and principle reference of environmental control for interior spaces.
One of ordinary skill in the art before the effective filing date could have modified the teachings of De Felice to modulate the fan rotational speed based on a difference in temperature when the fan is to be commanded on, as taught by Jung.
One of ordinary skill in the art could have been motivated to make this modification because they would have recognized the modification would provide increased control over the rate of exchange between the interior and ambient air volumes by varying the flow rate across the fan proportional to rotational speed.
Regarding Claim 5, De Felice in view of Lu, alternatively further in view of Jung teaches all of the limitations of parent claim 1,
De Felice further teaches:
computing a temperature differential, the temperature differential based on a difference between the machine room temperature and the ambient air temperature; ([0029] “Sensor information such as temperature, humidity and airflow therefore derives from the temperature or other sensors placed in the conditioned space and outside of the enclosure to determine a delta or difference”)
Jung further teaches:
increasing the fan speed for increasing a rate of ambient air exchange as the temperature differential increases. (Jung [0064] “increase the number of rotations of the external air circulating fan 230 when the difference between the temperature of the external air and the temperature of the internal air becomes larger or over a predetermined value or threshold”)
Jung is analogous art because it is from the same field of endeavor as the claimed invention and principle reference of environmental control for interior spaces.
One of ordinary skill in the art before the effective filing date could have modified the teachings of De Felice to modulate the fan rotational speed based on a difference in temperature when the fan is to be commanded on, as taught by Jung.
One of ordinary skill in the art could have been motivated to make this modification because they would have recognized the modification would provide increased control over the rate of exchange between the interior and ambient air volumes by varying the flow rate across the fan proportional to rotational speed.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over De Felice in view of Lu, alternatively further Jung, further in view of Aquino US Pg-Pub 2020/0018497.
Regarding Claim 7, De Felice in view of Lu, alternatively further in view of Jung teaches all of the limitations of parent claim 1,
De Felice further teaches:
computing the temperature differential; ([0029] “Sensor information such as temperature, humidity and airflow therefore derives from the temperature or other sensors placed in the conditioned space and outside of the enclosure to determine a delta or difference”)
De Felice in view of Lu, alternatively further in view of Jung fails to clearly articulate:
concluding that ambient air exchange is idle;
periodically energizing the fan for normalizing the machine room temperature by agitating stagnant air;
(MPEP 2111.04(II) “The broadest reasonable interpretation of a method (or process) claim having contingent limitations requires only those steps that must be performed and does not include steps that are not required to be performed because the condition(s) precedent are not met.”)
However, Aquino teaches an exterior wall mounted fan for a temperature control system ([0002] “room temperature control and in particular to wall mounted fans”), which when an exchange fan is idle (see fig. 2, e.g. step 112 “de-energize the fan”) periodically energizes the fan (fig. 2, step 101) in order to measure indoor and outdoor temperature ([0042] “briefly, for a sample period of time (for example, for five seconds), operate fans in opposing directions to create opposing air flow in and flow out at step 101; measuring an outdoor temperature To and an indoor temperature Ti at step 102” )
Aquino is analogous art because it is from the same field of endeavor as the claimed invention and principle reference of environmental control for interior spaces.
One of ordinary skill in the art before the effective filing date of the application could have modified the teachings of De Felice to include periodically energizing the fan to ensure the temperature measurement is not stagnant, as taught by Aquino.
One of ordinary skill in the art before the effective filing date of the application could have been motivated to make this modification because they would recognize it ensures the temperature measurement is taken with flowing and not stagnant air, as suggested by Aquino ([0042] “for a sample period of time (for example, for five seconds), operate fans in opposing directions to create opposing air flow in and flow out “)
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over De Felice in view of Lu, alternatively also in view of Jung; further in view of Sprague et al., US 2011/0159795.
Regarding Claim 8, De Felice in view of Lu, alternatively in view of Jung teaches all of the limitations of parent claim 8,
De Felice in view of Lu alternatively in view of Jung differs from the claimed invention in that:
None of De Felice, Lu, nor Jung clearly articulate: modulating the fan speed for limiting air exchange for maintaining a relative humidity in the machine room at a non-condensing level.
However, Sprague teaches an ambient air exchange system ([0005] “an outdoor electronic equipment enclosure includes a housing defining an interior and having an intake port, an exhaust port, an airflow path extending from the intake port to the exhaust port”) for a machine enclosure (fig. 1, housing 52) which modulates the fan speed to maintain a non-condensing interior environmental state ([0018] “The controller 68 may be configured to selectively operate the fan 60 to maintain a defined temperature differential between the air temperature external to the enclosure 50 and the air temperature within the interior 54 of the housing 52. In this manner, the controller 68 may inhibit the formation of condensation within the interior of the housing.” )
Sprague is analogous art because it is from the same field of endeavor as the claimed invention and principle reference of environmental control for interior spaces.
One of ordinary skill in the art before the effective filing date of the application could have modified the teachings of De Felice to include monitoring the dew point and maintaining the conditions interior to the equipment cabinet to avoid condensation, as suggesting by Sprague.
One of ordinary skill in the art before the effective filing date of the application could have been motivated to make this modification in order to inhibit formation of condensation within the interior of the housing, as suggested by Sprague ([0018] “In this manner, the controller 68 may inhibit the formation of condensation within the interior of the housing.”
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over De Felice in view of Lu, alternatively further Jung; further in view of Tutunoglu et al, US Pg-Pub 2013/0139530.
Regarding Claim 12 De Felice in view of Lu, alternatively further in view of Jung teaches all of the limitations of parent claim 1;
De Felice in view of Lu, alternatively further Jung differs from the claimed invention in that:
None of the references clearly articulates: computing an offset based on a tolerance from the temperature differential and a target differential, the target differential based on the ambient air temperature; and changing the fan speed value when the temperature differential and target differential exceed the offset.
However, Tutunoglu teaches a system for environmental control of an equipment cabinet ([0003] “devices and methods for cooling a room, such as a data center, equipment room or wiring closet.”) which calculates a tolerance ([0095] “exceeds a predetermined cool set point and a dead band”) between a setpoint (e.g. [0095] “cool set point”) and a measured value (e.g. [0095] “inlet temperature”) to prevent control thrashing, commonly called a “dead band” ([0095] “(i.e., a tolerance that prevents the unwanted transition to back to off/standby or idle modes).”)
Tutunoglu is analogous art because it is from the same field of endeavor as the claimed invention and principle reference of environmental control for interior spaces.
One of ordinary skill in the art before the effective filing date of the application could have modified the teachings of De Felice to include computing an offset tolerance from the temperature differential based on the ambient air temperature, thereby instituting a dead band, as suggested by Tutunoglu.
One of ordinary skill in the art before the effective filing date of the application could have been motivated to make this modification in order to prevent control thrashing, as suggested by Tutunoglu ([0095] “prevents the unwanted transition to back to off/standby or idle modes”)
Claim(s) 14 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over De Felice in view of Lu, alternatively further Jung; further in view of Tikka et al., US Pg-Pub 2001/0052412.
Regarding Claims 14 and 19, De Felice in view of Lu, alternatively further in view of Jung teaches all of the limitations of parent claims 1 and 16 respectively;
De Felice in view of Lu, alternatively further Jung differs from the claimed invention in that:
None of the references clearly articulates: (claim 14 representative) determining a temperature of an ambient air intake is excessively warm for maintaining the machine room temperature; and invoking continuous fan operation to fully ventilate the machine room.
However, Tikka teaches an environmental control for an equipment cabinet ([0001] “ temperature control in electrical and telecommunications equipment cabinets”) which determines a temperature of an ambient air intake is too warm for maintaining the machine room temperature ([0022] “When the outdoor air temperature is approx. +40.degree. C., the air drawn from the cabinet side of the heat exchanger has a temperature of about +55.degree. C., assuming that the difference in temperature between the heat exchanger inlet and outlet side is 15.degree. C. The surface temperature of the telecommunications components is considerably higher. As a matter of fact, their internal temperature may be so critically high as to jeopardise its faultless operation.”) and runs an air-exchange fan continuously to ventilate the cabinet ([0024] “When the outdoor air temperature exceeds +40.degree. C., the fan 105 switches on.” [0022] “When the outdoor temperature exceeds +40.degree. C., the cooling capacity of the heat exchanger is no longer sufficient. For this reason, the cabinet also features through-flow air cooling directly with outdoor air.”)
Tikka is analogous art because it is from the same field of endeavor as the claimed invention and principle reference of environmental control for interior spaces.
One of ordinary skill in the art before the effective filing date of the application could have modified the teachings of De Felice to include detecting a high ambient temperature condition and running continuous ventilation in response, as taught by Tikka.
One of ordinary skill in the art before the effective filing date of the application could have been motivated to make this modification in order to increase the effective operating range of the equipment cabinet, as suggested by Tikka ([0019] “The same equipment cabinet is designed to operate both at the normal operating temperature range of -33.degree. C. to +40.degree. C. and the high outdoor temperature range of +40.degree. C. to +50.degree. C. Within the first temperature range, cooling is provided by the heat exchanger, and when the temperature reaches the high-temperature range, cooling efficiency will be enhanced by outdoor air drawn in through a filter.”)
Claim(s) 15 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over De Felice in view of Lu, alternatively further Jung; further in view of Criss et al., US Pg-Pub 2009/0014548.
Regarding Claims 15 and 20, De Felice in view of Lu, alternatively further Jung teaches all of the limitations of parent claims 1 and 16, respectively;
De Felice in view of Lu, alternatively further Jung differs from the claimed invention in that:
None of the references clearly articulates (Claim 15 representative) determining a temperature of an ambient air intake is greater than the machine room temperature; and invoking continuous fan operation to fully ventilate the machine room.
However, Criss teaches an environmental control for an equipment cabinet ([0005] “methods and systems for controlling the environment inside an electronics enclosure;”) which raises the temperature of the machine room to prevent condensation ([0017] “the target temperature corresponds to the ambient dewpoint of the air outside the enclosure plus a margin of error. If the ambient dewpoint exceeds the target temperature, the system increases the air temperature within the enclosure until it reaches a temperature at least as high as the target temperature.” )
Criss is analogous art because it is from the same field of endeavor as the claimed invention and principle reference of environmental control for interior spaces.
One of ordinary skill in the art before the effective filing date of the application could have modified the teachings of De Felice to include ventilating for the purpose of equalizing the temperature of the cabinet with the external ambient temperature to raise the temperature of the cabinet above the ambient dewpoint, as suggested by Criss.
One of ordinary skill in the art could be motivated to make this modification in order to prevent rapid condensation if an operator wishes to access the cabinet, as suggested by Criss ([0017] Applicants have created an improved system for regulating the environment within an enclosure so that a user may open the enclosure without causing condensation to form on equipment within the enclosure.)
Double Patenting
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.
Claims 1-11(I), 11(II)-13, and 16-18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-9, 12, 13, 14 and 18 of U.S. Patent No. 12,196,438 in view of, variously, Lu and Jung. Because as illustrated in the table below, the reference patent in view of Lu and Jung teaches or fairly suggests the claims at issue in the instant application:
Instant Application
12,196,438
1. A method of controlling a machine enclosure internal temperature through an ambient air exchange, comprising:
1. A method of controlling an internal temperature of a machine enclosure through an ambient air exchange, comprising:
receiving an indication of a machine room temperature inside the machine enclosure;
receiving an indication of a machine room temperature inside the machine enclosure;
receiving an indication of an ambient air temperature of ambient air outside the machine enclosure;
receiving an indication of an ambient air temperature of ambient air outside the machine enclosure;
performing a mapping of values from a table based on a temperature differential computed from a difference between the machine room temperature and the ambient air temperature, and a fan speed value corresponding to the temperature differential;
(obvious in view of Lu which teaches a mapping table relating temperature differential to fan motor operating speeds. See Lu [0010])
modulating a fan speed of a fan driving an exchange of the ambient air outside with the air inside the machine room based on a mapped value from the table.
modulating a fan speed of a fan driving an exchange of the ambient air outside with the air inside the machine room based on a difference between the machine room temperature and the ambient air temperature;
2. The method of claim 1 further comprising
2. The method of claim 1 further comprising
determining when the ambient air exchange becomes ineffective at maintaining the machine room temperature; and
determining when the ambient air exchange becomes ineffective at maintaining the machine room temperature; and
invoking a mechanical cooling device for maintaining the machine room temperature.
invoking a mechanical cooling device for maintaining the machine room temperature.
3. The method of claim 1 further comprising:
obvious over portions of (Claim 3) in view of Claim 1
computing a temperature differential, the temperature differential based on a difference between the machine room temperature and the ambient air temperature; and
computing a temperature differential, the temperature differential based on a difference between the machine room temperature and the ambient air temperature; and
increasing the fan speed for increasing a rate of ambient air exchange as the temperature differential decreases.
... increasing the fan speed for increasing a rate of ambient air exchange as the temperature differential decreases.
4. The method of claim 1 further comprising:
obvious over portions of (Claim 3) in view of Claim 1 and Jung (US 2019/0383500)
computing a temperature differential, the temperature differential based on a difference between the machine room temperature and the ambient air temperature; and
(Claim 3) computing a temperature differential, the temperature differential based on a difference between the machine room temperature and the ambient air temperature;
decreasing the fan speed for decreasing a rate of ambient air exchange as the temperature differential decreases.
(Jung [0064] "decrease the number of rotations of the external air circulating fan 230 when the difference between the temperatures of the [nb. ambient and] internal air becomes smaller or less than a predetermined value or threshold.")
5. The method of claim 1 further comprising:
obvious over portions of (Claim 3) in view of Claim 1 and Jung (US 2019/0383500)
computing a temperature differential, the temperature differential based on a difference between the machine room temperature and the ambient air temperature; and
(Claim 3) computing a temperature differential, the temperature differential based on a difference between the machine room temperature and the ambient air temperature;
increasing the fan speed for increasing a rate of ambient air exchange as the temperature differential increases.
(Jung [0064] "increase the number of rotations of the external air circulating fan 230 when the difference between the temperature of the external air and the temperature of the internal air becomes larger or over a predetermined value or threshold")
6. The method of claim 1 further comprising:
obvious over portions of (claim 14) in view of Claim 1
computing a temperature differential, the temperature differential based on a difference between the machine room temperature and the ambient air temperature; and
(Claim 14) compute a temperature differential, the temperature differential based on the difference between the machine room temperature and the ambient air temperature; and
decreasing the fan speed for decreasing a rate of ambient air exchange as the temperature differential increases.
decrease the fan speed for decreasing a rate of ambient air exchange as the temperature differential increases.
7. The method of claim 1 further comprising:
4. The method of claim 1 further comprising:
concluding that ambient air exchange is idle;
concluding that ambient air exchange is idle;
periodically energizing the fan for normalizing the machine room temperature by agitating stagnant air;
periodically energizing the fan for normalizing the machine room temperature by agitating stagnant air;
computing the temperature differential; and
computing the temperature differential; and
energizing the fan for ambient air exchange if called for.
energizing the fan for ambient air exchange if called for.
8. The method of claim 1 further comprising modulating the fan speed for limiting air exchange for maintaining a relative humidity in the machine room at a non-condensing level.
5. The method of claim 1 further comprising modulating the fan speed for limiting air exchange for maintaining a relative humidity in the machine room at a non-condensing level.
9. The method of claim 1 further comprising:
obvious over portions of (Claim 6) in view of Claim 1
iteratively executing instructions in a control loop for assessing heating and cooling demand in the machine enclosure;
iteratively executing instructions in a control loop for assessing heating and cooling demand in the machine enclosure;
evaluating, at each iteration, whether ambient air exchange or mechanical cooling is better suited for maintaining the machine room temperature in an operational range; and
evaluating, at each iteration of the control loop, whether ambient air exchange or mechanical cooling is better suited for maintaining the machine room temperature in an operational range;
selectively invoking the ambient air exchange based on the evaluation.
selectively invoking the ambient air exchange based on the evaluation,
10. The method of claim 9 further comprising:
obvious over portions of (Claim 6) in view of Claim 1
determining when the ambient air exchange has cooled the air in the machine enclosure to a machine room temperature at or below a target machine room temperature;
(Claim 6) determining when the ambient air exchange has cooled the air in the machine enclosure to a machine room temperature at or below a target machine room temperature;
disengaging the ambient air exchange;
disengaging the ambient air exchange;
setting a sampling timer for a sampling interval for commencing periodic sampling of the machine room temperature;
setting a sampling flag for commencing periodic sampling of the machine room temperature;
reevaluating the machine room temperature at an expiration of a sampling interval; and
reevaluating the machine room temperature at an expiration of a sampling interval; and
reengaging the ambient air exchange based on the machine room temperature following the sampling interval.
reengaging the ambient air exchange based on the machine room temperature following the sampling interval.
11. The method of claim 9 further comprising:
7. The method of claim 6 further comprising:
determining that the machine room temperature is below a temperature threshold indicative of a cooling need;
determining that the machine room temperature is below a temperature threshold indicative of a cooling need;
disengaging the ambient air exchange based on the machine room temperature; and
disengaging the ambient air exchange based on the machine room temperature; and
periodically reevaluating the machine room temperature in the control loop.
periodically reevaluating the machine room temperature in the control loop.
11. The method of claim 1 further comprising:
8. The method of claim 6 further comprising:
determining that the ambient air exchange has approached a limit of cooling effectiveness from the ambient air exchange;
determining that the ambient air exchange has approached a limit of cooling effectiveness;
running the fan at a maximum speed for increasing a cooling effect of the ambient air exchange; and
running the fan at a maximum speed for increasing a cooling effect of the ambient air exchange; and
disengaging the ambient air exchange in favor of activation of the HVAC system.
disengaging the ambient air exchange in favor of activation of the HVAC system.
12. The method of claim 1 further comprising:
obvious over portions of (Claim 9) in view of claim 1
computing an offset based on a tolerance from the temperature differential and a target differential, the target differential based on the ambient air temperature; and
(Claim 9)computing a delta T offset based on a tolerance from a target differential, the target differential based on the ambient air temperature; and
changing the fan speed value when the temperature differential and target differential exceed the offset.
modulating a fan speed of a fan driving an exchange of the ambient air outside the machine enclosure with the air inside the machine enclosure based on a difference between the machine room temperature and the ambient air temperature.
13. The method of claim 1, further comprising:
obvious over portions of (Claim 18) in view of claim 1
determining a high temperature condition indicated by the machine room temperature; and
determining a high temperature condition indicated by the machine room temperature; and
invoking continuous fan operation to fully ventilate the machine room.
invoking continuous fan operation to fully ventilate the machine room.
16. A temperature controller device for a machine room enclosure, comprising:
12. A temperature controller device for a machine room enclosure, comprising:
an internal temperature sensor to receive an indication of a machine room temperature inside the machine enclosure;
an internal temperature sensor to receive an indication of a machine room temperature inside the machine enclosure;
an ambient temperature sensor for receiving an indication of an ambient air temperature of ambient air outside the machine enclosure;
an ambient temperature sensor for receiving an indication of an ambient air temperature of ambient air outside the machine enclosure;
a mapping table including a mapping of values for a fan speed corresponding to a temperature differential based on a difference between the machine room temperature and the ambient air temperature; and
a mapping table including a mapping of values for a fan speed based on a difference between the machine room temperature and the ambient air temperature
a controller having control logic to modulate the fan speed of a fan driving an exchange of the ambient air outside with the air inside the machine room based on a mapped value from the mapping table based on the temperature differential.
a controller having control logic to modulate the fan speed of a fan driving an exchange of the ambient air outside with the air inside the machine room based on a mapped value from the mapping table,
17. The device of claim 16 wherein the mapping table includes a set of values indicative of a temperature differential, and a corresponding set of values for a fan speed, each value for the temperature differential having a corresponding value for the fan speed.
(ibid.) compute a temperature differential, the temperature differential based on the difference between the machine room temperature and the ambient air temperature; andincrease the fan speed for increasing a rate of ambient air exchange as the temperature differential decreases. (also obvious in view of Lu [0010])
18. The device of claim 16 wherein the control logic is further configured to:
13. The device of claim 12 wherein the control logic is further configured to:
determine when the ambient air exchange becomes ineffective at maintaining the machine room temperature; and
determine when the ambient air exchange becomes ineffective at maintaining the machine room temperature; and
invoke a mechanical cooling device for maintaining the machine room temperature.
invoke a mechanical cooling device for maintaining the machine room temperature.
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter: While De Felice, Lu, Jung, Aquino and Sprague teach many of the features of the claimed invention as set forth above; none of the references, alone or in reasonable combination, teach or fairly suggest all of the limitations of the claimed invention, particularly:
(Claim 3)
increasing the fan speed for increasing a rate of ambient air exchange as the temperature differential decreases.
(excerpted)
(Claim 6)
decreasing the fan speed for decreasing a rate of ambient air exchange as the temperature differential increases.
(excerpted)
…in combination with the remaining features and limitations of the claimed invention.
In particular, these claims recite a relationship between fan speeds and temperature differentials which is contrary to that found in the prior art (see e.g. the teachings of Jung cited supra with respect to claims 4 and 5) and therefore are non-obvious over the prior art of record.
Similarly, while the references of record teach many of the features of the claimed invention as set forth above; none of the references, alone or in reasonable combination, teach or fairly suggest all of the limitations of the claimed invention, particularly:
(Claim 10)
setting a sampling timer for a sampling interval for commencing periodic sampling of the machine room temperature;
reevaluating the machine room temperature at an expiration of a sampling interval; and reengaging the ambient air exchange based on the machine room temperature following the sampling interval.
(Excerpted)
…particularly in combination with the remaining features and limitations of the parent claim and intervening claims.
However, these claims are not in condition for allowance because they are rejected under Double Patenting, see above for detailed rejection.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Hung et al., US Pg-Pub 2020/0011579, particularly figure 4 depicting a graphical mapping of a fan speed to a temperature.
James et al., US Pg-Pub 2016/0178223 particularly fig. 12A depicting an emergency free-cooling mode due to an overheat condition.
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/J.T.S./Examiner, Art Unit 2119
/MOHAMMAD ALI/Supervisory Patent Examiner, Art Unit 2119
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