DETAILED ACTION
America Invents Act
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
The information disclosure statement IDS#1 submitted on 31-May-2024 (5 references) has been considered by the Examiner and made of record in the application file.
Claim Rejections - 35 USC §103
The following is a quotation of 35 USC §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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 USC §102 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 USC §102(b)(2)(C) for any potential 35 USC §102(a)(2) prior art against the later invention.
Claims 1-3, 5, 8 -12, 14 and 17-20 are rejected under 35 USC §103 as unpatentable over Kim et al. (United States Patent Application Publication # US 2017/0023509 A1), hereinafter Kim, in view of Mohr et al. (United States Patent Application Publication # US 2018/0194245 A1), hereinafter Mohr.
Consider claim 1: A method of controlling VOC (Volatile Organic Compound) off-gassing in a datacenter, Kim discloses a crowd sourced wearable sensor system and method of operation [Title; Abstract; Fig. 1-5; Para. 0007, 0015-0019, 0029-0030] the method comprising:
receiving sensor data from a plurality of VOC sensors in the datacenter; wherein the sensors may be implemented as a wristband, and may detect, and measure concentration of, a variety of pollutants in the air, and particularly volatile organic compounds (VOC) [Fig. 2a; Para. 0066-0070] and
controlling off-gassing in the datacenter based on the sensor data and human presence within the datacenter. Kim discloses a particular application and embodiment for use in data centers, in which the sensors monitor temperature, humidity and/or air quality within rooms of a data center, and where detected results may be used to control ventilation within the data center [Para. 0107, 0109, 0117, 0121].
Kim does not explicitly disclose the control based on human presence within the data center, but this would have been obvious because: (a) the sensor is attached to a person, and therefore the sensor measurement relates directly to a human presence, and (b) a stated advantage [Para. 0109] of the method is to allow different ventilation operation depending on occupancy.
Kim also discloses control of ventilation depending on VOC level, but does not specifically disclose control of an outgassing process itself. This was known in analogous prior art, however, and for example:
Mohr discloses a battery recharging system and method based at least in part on a gassing (gas generation) rate, where battery charging parameter are controlled to maintain a gassing level between desired minimum and maximum threshold to optimize charging and battery health [Title; Abstract; Fig. 1-2; Para. 0001, 0004-0005, 0014, 0023-0025, Claim 1].
Therefore, it would have been obvious to one of ordinary skill in the art at the time of effective filing for the invention to control gassing levels by controlling battery charging parameters, as taught by Mohr, applied to a system and method for management of a data center environment, and particularly the level of polluting gasses by both controlling gas generation and ventilation operation, as taught by Kim, such that these are managed for optimum efficiency and within permitted and safe levels which persons are present.
Consider claim 2 and as applied to claim 1: The method of claim 1, wherein controlling off-gassing in the datacenter based on the sensor data and human presence within the datacenter further comprises:
increasing off-gassing in one or more locations in the datacenter at which the sensor data indicates a level of VOC and there is no human presence within a predefined distance from the one or more locations.
Mohr discloses maintaining a gassing rate between an upper threshold and a lower threshold in order to optimize battery charging and health [Fig. 2; Para. 0002, 0004, 0006] without consideration of human presence.
Kim, however, discloses the detection of pollutants, and in particular VOCs, as harmful to persons [Para. 0066-0069, 0107], and particular embodiments in which air quality is measured within a vehicle and/or a data center, and where operation to mitigate such pollution within the data center may be activated based on need, and particularly a human presence [Para. 0109].
Kim does not explicitly disclose that a human safety threshold for pollution concentration within the data center is lower that a baseline threshold for battery charging and function, but this can be presumed, and would have been obvious to an artisan, because if a threshold for gassing and gas concentration as established by Mohr were lower than that required for human safety, there would be no need to either monitor for such pollutants by an individual, or to change gassing and/or ventilation based on human presence.
Consider claim 3 and as applied to claim 1: The method of claim 1, wherein controlling off-gassing in the datacenter based on the sensor data and human presence within the datacenter further comprises:
decreasing off-gassing in one or more locations in the datacenter at which the sensor data indicates a level of VOC exceeding a predetermined threshold and there is a human present within a predefined distance from the one or more locations. This claim is rejected based on the same references, citations and analysis as for claim 2, and as applied to claim 1.
Consider claim 5 and as applied to claim 1: The method of claim 1, further comprising: determining one or more locations of human presence within the datacenter based on real-time presence detection data. Kim discloses that wristband (and associated user) may be tracked by GPS and/or other means, and that location may be displayed on a map [3a-3c, 4a-4b, 5a-5d; Para. 0073, 0083, 0087-0088, 0098].
Consider claim 8 and as applied to claim 1: The method of claim 1, further comprising: highlighting locations in the datacenter based on the sensor data. Kim discloses that in certain aspects, the server (335) generates a localized map of air quality. Further, an algorithm or mathematical model can be used to estimate a range and concentration of a gas, and the mobile device (325) may receive and visualize a localized map from the server. The localized map may be overlayed on a user's location displayed by the mobile device [Fig. 3a-3c; Para. 0085-0087].
Consider claim 9 and as applied to claim 1: The method of claim 1, further comprising: generating a representation of VOC concentrations in the datacenter based on the sensor data; and providing the representation to a user. Kim discloses the sensing of various VOC pollutants, and that an identity and concentration of a detected VOC may be displayed on the wristband, that audio and haptic warnings may be generated, and further that this information may be displayed on the smartphone and/or computer monitor [Fig. 2a-2c, 3a-3c; Para. 0066-0071, 0079, 0083-0087].
Consider claim 10: An apparatus controlling VOC (Volatile Organic Compound) off-gassing in a datacenter, Kim discloses a crowd sourced wearable sensor system and method of operation [Title; Abstract; Fig. 1-5; Para. 0007, 0015-0019, 0029-0030] the apparatus comprising:
a processing device; wherein a wearable sensor device (314, 362) comprises a microcontroller/microprocessor; the system also comprising a smartphone (325, 371) and a cloud based server (335, 381) [Fig. 3a-3c; Para. 0043, 0081-0088] and
memory operatively coupled to the processing device, wherein the memory stores computer program instructions that, when executed, wherein each of the wearable sensor, smartphone and server have associated memory, and where a smartphone app (326) is disclosed [Fig. 3a-3c; Para. 0043, 0081-0088] cause the processing device to:
receive sensor data from a plurality of VOC sensors in the datacenter; wherein the sensors, implemented as a wristband, and may detect, and measure concentration of, a variety of pollutants in the air, and particularly volatile organic compounds (VOC) [Fig. 2a; Para. 0066-0070] and
control off-gassing in the datacenter based on the sensor data and human presence within the datacenter. Kim discloses a particular application and embodiment for use in data centers, in which the sensors monitor temperature, humidity and/or air quality within rooms of a data center, and where detected results may be used to control ventilation within the data center [Para. 0107, 0109, 0117, 0121].
Kim does not explicitly disclose program instructions stored in memory, but it is well known, and would have been obvious to an artisan, that the discloses microcontroller, smartphone and server, perform their functions under the direction of stored program instructions, and particularly the disclosed smartphone app (326) is an example.
Kim also does not explicitly disclose the control based on human presence within the data center, but this would have been obvious because: (a) the sensor is attached to a person, and therefore the sensor measurement relates directly to a human presence, and (b) a stated advantage [Para. 0109] of the method is to allow different ventilation operation depending on occupancy.
Mohr discloses a battery recharging system and method based at least in part on a gassing (gas generation) rate, where battery charging parameter are controlled to maintain a gassing level between desired minimum and maximum threshold to optimize charging and battery health [Title; Abstract; Fig. 1-2; Para. 0001, 0004-0005, 0014, 0023-0025, Claim 1].
Mohr, moreover, specifically discloses the use of programs, executed by a processor to perform disclosed functions [Fig. 2-3; Para. 0041]
Therefore, it would have been obvious to one of ordinary skill in the art at the time of effective filing for the invention to control gassing levels by controlling battery charging parameters under the direction of a stored program, as taught by Mohr, applied to a system and method for management of a data center environment, and particularly the level of polluting gasses by both controlling gas generation and ventilation operation as taught by Kim, such that these are managed for optimum efficiency and within permitted and safe levels which persons are present.
Consider claim 11 and as applied to claim 10: The apparatus of claim 10, wherein the computer program instructions that, when executed, cause the processing device to control off-gassing in the datacenter further comprise computer program instructions that cause the processing device to:
increase off-gassing in one or more locations in the datacenter at which the sensor data indicates a level of VOC and there is no human presence within a predefined distance from the one or more locations.
This claim is rejected based on the same references, citations and analysis as for claim 2, and as applied to claim 10.
Consider claim 12 and as applied to claim 10: The apparatus of claim 10, wherein the computer program instructions that, when executed, cause the processing device to control off-gassing in the datacenter further comprise computer program instructions that cause the processing device to:
decrease off-gassing in one or more locations in the datacenter at which the sensor data indicates a level of VOC exceeding a predetermined threshold and there is a human present within a predefined distance from the one or more locations.
This claim is rejected based on the same references, citations and analysis as for claim 2, and as applied to claim 10.
Consider claim 14 and as applied to claim 10: The apparatus of claim 10, further comprising instructions that, when executed, cause the processing device to: determine one or more locations of human presence within the datacenter based on real-time presence detection data. Kim discloses that wristband (and associated user) may be tracked by GPS and/or other means, and that location may be displayed on a map [3a-3c, 4a-4b, 5a-5d; Para. 0073, 0083, 0087-0088, 0098].
Consider claim 17 and as applied to claim 10: The apparatus of claim 10, further comprising instructions that, when executed, cause the processing device to highlight locations in the datacenter based on the sensor data. Kim discloses that in certain aspects, the server (335) generates a localized map of air quality. Further, an algorithm or mathematical model can be used to estimate a range and concentration of a gas, and the mobile device (325) may receive and visualize a localized map from the server. The localized map may be overlayed on a user's location displayed by the mobile device [Fig. 3a-3c; Para. 0085-0087].
Consider claim 18 and as applied to claim 10: The apparatus of claim 10, further comprising instructions that, when executed, cause the processing device to:
generate a representation of VOC concentrations in the datacenter based on the sensor data; and
provide the representation to a user.
Kim discloses the sensing of various VOC pollutants, and that an identity and concentration of a detected VOC may be displayed on the wristband, that audio and haptic warnings may be generated, and further that this information may be displayed on the smartphone and/or computer monitor [Fig. 2a-2c, 3a-3c; Para. 0066-0071, 0079, 0083-0087].
Consider claim 19 and as applied to claim 10: A computer program product for controlling VOC (Volatile Organic Compound) off-gassing in a datacenter, the computer program product comprising a computer readable storage medium, wherein the computer readable storage medium comprises computer program instructions that, , Kim discloses a crowd sourced wearable sensor system and method of operation [Title; Abstract; Fig. 1-5; Para. 0007, 0015-0019, 0029-0030 wherein a wearable sensor device (314, 362) comprises a microcontroller/microprocessor; the system also comprising a smartphone (325, 371), and a cloud based server; and wherein each of the wearable sensor, smartphone and server have associated memory, and further, wherein a particular smartphone app (326) is disclosed (335, 381) [Fig. 3a-3c; Para. 0043, 0081-0088] when executed:
receive sensor data from a plurality of VOC sensors in the datacenter; wherein the sensors, implemented as one or more wristbands, may detect, and measure concentration of, a variety of pollutants in the air, and particularly volatile organic compounds (VOC) [Fig. 2a; Para. 0066-0070] and
control off-gassing in the datacenter based on the sensor data and human presence within the datacenter. Kim discloses a particular application and embodiment for use in data centers, in which the sensors monitor temperature, humidity and/or air quality within rooms of a data center, and where detected results may be used to control ventilation within the data center [Para. 0107, 0109, 0117, 0121].
Kim does not explicitly disclose program instructions stored in memory, but it is well known, and would have been obvious to an artisan, that the discloses microcontroller, smartphone and server, perform their functions under the direction of stored program instructions, and particularly the disclosed smartphone app (326) is an example.
Kim also does not explicitly disclose the control based on human presence within the data center, but this would have been obvious because: (a) the sensor is attached to a person, and therefore the sensor measurement relates directly to a human presence, and (b) a stated advantage [Para. 0109] of the method is to allow different ventilation operation depending on occupancy.
Mohr discloses a battery recharging system and method based at least in part on a gassing (gas generation) rate, where battery charging parameter are controlled to maintain a gassing level between desired minimum and maximum threshold to optimize charging and battery health [Title; Abstract; Fig. 1-2; Para. 0001, 0004-0005, 0014, 0023-0025, Claim 1].
Mohr, moreover, specifically discloses the use of programs, executed by a processor to perform disclosed functions [Fig. 2-3; Para. 0041]
Therefore, it would have been obvious to one of ordinary skill in the art at the time of effective filing for the invention to control gassing levels by controlling battery charging parameters under the direction of a stored program, as taught by Mohr, applied to a system and method for management of a data center environment, and particularly the level of polluting gasses by both controlling gas generation and ventilation operation as taught by Kim, such that these are managed for optimum efficiency and within permitted and safe levels which persons are present.
Consider claim 20 and as applied to claim 19: The computer program product of claim 19, wherein the computer program instructions that control off-gassing in the datacenter further comprise computer program instructions to:
increase off-gassing in one or more locations in the datacenter at which the sensor data indicates a level of VOC and there is no human presence within a predefined distance from the one or more locations; and
decrease off-gassing in one or more locations in the datacenter at which the sensor data indicates a level of VOC exceeding a predetermined threshold and there is a human present within a predefined distance from the one or more locations.
This claim is rejected based on the same references, citations and analysis as for claim 2, and as applied to claim 19.
Claims 4 and 13 are rejected under 35 USC §103 as unpatentable over Kim et al. (United States Patent Application Publication # US 2017/0023509 A1), hereinafter Kim, and Mohr et al. (United States Patent Application Publication # US 2018/0194245 A1), hereinafter Mohr, further in view of Leffler et al. (United States Patent Application Publication # US 2023/0105859 A1) hereinafter Leffler.
Consider claim 4 and as applied to claim 1: The method of claim 1, further comprising:
determining one or more locations of human presence within the datacenter based on maintenance schedules.
Neither Kim nor Mohr teaches estimation of occupancy based on a work or maintenance schedule, but this is known in analogous art, and for example:
Leffler teaches systems and methods for control optimization of building subsystems [Title; Abstract; Fig. 1; Para. 0002, 0005-0006] and specifically, embodiments in which “occupancy information may be determined based on occupancy schedule for the occupants or the building. For example, the occupancy information may be obtained based on opening hours of a building, employees' work schedules, maintenance schedule, or other building related schedules that may indicate the number of occupants and the times of the scheduled occupancy” [Para. 0032].
Therefore, it would have been obvious to one of ordinary skill in the art at the time of effective filing for the invention to estimate occupancy of an area, based in part on a maintenance or work schedule as taught by Leffler, and applied to a system and method for management of a data center environment, and particularly the level of polluting gasses by both controlling gas generation and ventilation operation as taught by Kim as modified by Mohr, in order that acceptable temperature, humidity and pollution (VOC) levels are reached before an expected time of occupation.
Consider claim 13 and as applied to claim 01: The apparatus of claim 10, further comprising instructions that, when executed, cause the processing device to:
determine one or more locations of human presence within the datacenter based on maintenance schedules.
This claim is rejected based on the same references, citations and analysis as for claim 4, and as applied to claim 10.
Claims 6, 7, 15 and 16 are rejected under 35 USC §103 as unpatentable over Kim et al. (United States Patent Application Publication # US 2017/0023509 A1), hereinafter Kim, and Mohr et al. (United States Patent Application Publication # US 2018/0194245 A1), hereinafter Mohr, further in view of Tav et al. (United States Patent Application Publication # US 2022/0397586 A1) hereinafter Tav.
Consider claim 6 and as applied to claim 1: The method of claim 1, further comprising:
generating a route for human traffic within the datacenter based on the sensor data.
Kim discloses a smartphone application that uses the air quality map data from the cloud, visualizes and displays it. The resulting heat map is downloaded in real time and shown on the application. The user's location information through GPS/AGPS from the smartphone can be overlaid on the map. Using such methods, a user can understand the air quality around him or her and can proactively avoid areas or routes with a bad air quality. Additional features include air quality maps by chemical and historic data of air quality in both picture and graphical forms. Kim also discloses the monitoring of cumulative exposure [Para. 0098, 0107].
Kim discloses that the that both a heat map of a pollutant, and a location of a person may be displayed, but does not specifically disclose generation and display of the persons path on the map. This is known in analogous prior art, and for example:
Tav discloses in indoor intrusion detection system as may be applied to a data center [Title; Abstract; Fig. 1-2; Para. 0003] and specifically that a detected object or person (724) can be tracked, and a path taken (726) by the person rendered and displayed [Fig. 8; Para. 0038-0039].
It would have been obvious to one of ordinary skill in the art at the time of effective filing for the invention to generate and display a path taken by a person through a data center as taught by Tav and applied to a system and method for management of a data center environment, and particularly the level of polluting gasses by both controlling gas generation and ventilation operation as taught by Kim as modified by Mohr, in order to track cumulative exposure, and when shown on a heat map, to show possible future exposure for various paths.
Consider claim 7 and as applied to claim 6: The method of claim 6, further comprising:
highlighting the route within the datacenter. This claim is rejected based on the same references, citations and analysis as for claim 6, and as applied to claims 1 and 6.
Consider claim 15 and as applied to claim 10: The apparatus of claim 10, further comprising instructions that, when executed, cause the processing device to:
generate a route for human traffic within the datacenter based on the sensor data. This claim is rejected based on the same references, citations and analysis as for claim 6, and as applied to claim 10.
Consider claim 16 and as applied to claim 15: The apparatus of claim 15, further comprising instructions that, when executed, cause the processing device to highlight the route within the datacenter. This claim is rejected based on the same references, citations and analysis as for claim 6, and as applied to claims 10 and 15.
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant’s disclosure.
Cummings et al. (U.S. Patent Application Publication # US 2018/0003685 A1) disclosing systems and methods for monitoring for a gas analyte.
Thind (U.S. Patent Application Publication # US 2010/0235004 A1) disclosing predictive conditioning in occupancy zones.
Any inquiry concerning this communication or earlier communications from the Examiner should be directed to STEPHEN R BURGDORF whose telephone number is (571)270-7328. The Examiner can normally be reached on Monday and Friday at 11:00 AM to 8:00 PM EST/EDT.
If attempts to reach the Examiner by telephone are unsuccessful, the Examiner’s supervisor, Quan-Zhen Wang can be reached at (571)272-3114. The fax phone number for the organization where this application or proceeding is assigned is (571)273-8300.
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/STEPHEN R BURGDORF/ Examiner, Art Unit 2685
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