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 § 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 1-21 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.
Claim 1 recites the limitation "thereat" in line 5. There is insufficient antecedent basis for this limitation in the claim and as such, it cannot be determined which structure “thereat” refers to. For the purposes of examination, the examiner is going to treat the claim as if it read, “recirculating of the refrigerant through the refrigerant return line, wherein the second pressure is lower than the first pressure”.
With further respect to claim 1, the claim recites the limitation "therethrough" in line 7. There is insufficient antecedent basis for this limitation in the claim and as such, it cannot be determined which structure “therethrough” refers to. For the purposes of examination, the examiner is going to treat the claim as if it read, “a first heat exchanger configured to use the refrigerant circulating hrough the first heat exchanger”.
With further respect to claim 1, the claim recites the limitation "therethrough" in line 12. There is insufficient antecedent basis for this limitation in the claim and as such, it cannot be determined which structure “therethrough” refers to. For the purposes of examination, the examiner is going to treat the claim as if it read, “configured to facilitate refrigerant flow through the supplemental in-line pump”.
Claim 6 recites the limitations "the first bypass line" and “the second bypass line” in line 2. There is insufficient antecedent basis for these terms in claim 6 nor claim 1 from which claim 6 depends. For the purposes of examination, the examiner is going to treat the claim as if it read, “at least a first bypass line, or at least a second bypass line are configured to independently adjust”.
Claim 7 recites the limitation "therethrough" in line 3. There is insufficient antecedent basis for this limitation in the claim and as such, it cannot be determined which structure “therethrough” refers to. For the purposes of examination, the examiner is going to treat the claim as if it read, “recirculating of the refrigerant through the refrigerant return line, wherein the second pressure is lower than the first pressure”.
Claim 14 recites the limitation "therethrough" in line 5. There is insufficient antecedent basis for this limitation in the claim and as such, it cannot be determined which structure “therethrough” refers to. For the purposes of examination, the examiner is going to treat the claim as if it read, “configured to use the refrigerant circulating through the first heat exchanger”.
With further respect to claim 14, the claim recites the limitation "therethrough" in line 10. There is insufficient antecedent basis for this limitation in the claim and as such, it cannot be determined which structure “therethrough” refers to. For the purposes of examination, the examiner is going to treat the claim as if it read, “to use the refrigerant circulating through the second heat exchanger”.
Claim 20 recites the limitation "therethrough" in line 2. There is insufficient antecedent basis for this limitation in the claim and as such, it cannot be determined which structure “therethrough” refers to. For the purposes of examination, the examiner is going to treat the claim as if it read, “the refrigerant circulating through the first heat exchanger”.
With further respect to claim 20, the claim recites the limitation "therethrough" in line 4. There is insufficient antecedent basis for this limitation in the claim and as such, it cannot be determined which structure “therethrough” refers to. For the purposes of examination, the examiner is going to treat the claim as if it read, “to use the refrigerant circulating through the second heat exchanger”.
Claim 21 recites the limitation "thereat" in line 6. There is insufficient antecedent basis for this limitation in the claim and as such, it cannot be determined which structure “thereat” refers to. For the purposes of examination, the examiner is going to treat the claim as if it read, “for cooling and recirculating the refrigerant through the refrigerant return line”.
With further respect to claim 21, the claim recites the limitation "therethrough" in line 8. There is insufficient antecedent basis for this limitation in the claim and as such, it cannot be determined which structure “therethrough” refers to. For the purposes of examination, the examiner is going to treat the claim as if it read, “to use the refrigerant circulating through the first heat exchanger”.
With further respect to claim 21, the claim recites the limitation "therethrough" in line 12. There is insufficient antecedent basis for this limitation in the claim and as such, it cannot be determined which structure “therethrough” refers to. For the purposes of examination, the examiner is going to treat the claim as if it read, “to use the refrigerant circulating through the second heat exchanger”.
Claims 2-5, 8-13, and 15-19 are also rejected by virtue of dependency.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim 1-7, 11, and 13-21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US2021/0051819 to Gao, hereinafter referred to as Gao.
In reference to claim 1, Gao discloses the claimed invention including:
A cooling system for a facility (data center) employing equipment requiring active cooling, the cooling system (see figure 4) comprising:
a refrigerant supply line (233) providing a refrigerant at a first pressure from a refrigerant source (234),
a refrigerant return line (235) directing the refrigerant at a second pressure toward the refrigerant source (234) for cooling and recirculating of the refrigerant through the refrigerant return line, wherein the second pressure is lower than the first pressure, (with respect to the different pressures of the system, it is noted this language requiring low and high pressure is a recitation of how the apparatus is intended to be operated that does not result in any structure different than the prior art for performing the operation. Since Gao teaches all of the claimed structural elements and is perfectly capable of performing the claimed function via valves, the apparatus of Gao is considered to meet all of the claimed structural limitations),
a first heat exchanger (220) configured to use the refrigerant circulating hrough the first heat exchanger to cool a first of either air or liquid which passes through the first heat exchanger and is used for active cooling of the equipment in the facility, the first heat exchanger having a first refrigerant inlet (221) configured to receive at least some refrigerant from the refrigerant supply line, the first heat exchanger having a first refrigerant outlet (223),
a second heat exchanger (222) configured to use the refrigerant circulating through the second heat exchanger to cool a second of either air or liquid which passes through the second heat exchanger and is used for active cooling of the equipment in the facility, the second heat exchanger having a second refrigerant inlet (225) fluidly connected with and configured to receive at least some refrigerant from the first refrigerant outlet (223) of the first heat exchanger (220), the second heat exchanger having a second refrigerant outlet (227) operably connected to direct at least some refrigerant to the refrigerant return line (235).
In reference to claim 2, Gao discloses the claimed invention including:
a first bypass line (see below for the examiner’s definition of the first bypass line) equipped with an in-line adjustable first valve (228) operable, when at least partially open, to allow at least some refrigerant to flow from the refrigerant supply line (233) toward and mix with the refrigerant of the second refrigerant inlet (225, and without flowing through the first heat exchanger (220.
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In reference to claim 3, Gao discloses the claimed invention including:
the first bypass line (as defined with respect to claim 2 supra) is configured to direct at least some refrigerant to flow from the refrigerant supply line (233) toward and mix with the refrigerant of the refrigerant return line (235, via 222) and the refrigerant of the second refrigerant inlet, all without flowing through the first heat exchanger (220).
In reference to claim 4, Gao discloses the claimed invention including:
a second bypass line (see annotated reference above with respect to claim 2) equipped with an in-line adjustable second valve (224) operable, when at least partially open, to allow at least some refrigerant to flow from the first refrigerant outlet (223) of the first heat exchanger toward and mix with the refrigerant flowing out of the second refrigerant outlet without flowing through the second heat exchanger (222).
In reference to claim 5, Gao discloses the claimed invention including:
a refrigerant supply to the second heat exchanger (222) is provided in at least one of the following modes:
- entirely from the refrigerant supply line (when 224 is closed), or
- entirely after passing through the first heat exchanger (when 228 is closed), or
- as a mixture of at least some refrigerant flowing directly from the refrigerant supply line and at least some refrigerant flowing after passing through the first heat exchanger (when 224 and 228 are both open).
In reference to claim 6, Gao discloses the claimed invention including:
at least the first heat exchanger (220), at least the second heat exchanger (222), at least a first bypass line, or at least a second bypass line (as defined in the annotated reference with respect to claim 2 supra) are configured to independently adjust the refrigerant flow through the first heat exchanger or the second heat exchanger depending on cooling needs of the facility (via valves 225 and 228).
In reference to claim 7, Gao discloses the claimed invention including:
a supplemental in-line pump (236) after the second refrigerant outlet (227) of the second heat exchanger (222) and configured to facilitate refrigerant flow through the refrigerant return line and into the refrigerant return line.
In reference to claim 11, Gao discloses the claimed invention including:
the facility is a computer data center [0002], the air passing through the first heat exchanger or the second heat exchanger is used for active air cooling of the computer equipment of the data center and the liquid passing through the first heat exchanger or the second heat exchanger is used for active liquid cooling of the computer equipment of the data center, see [0002-0007].
In reference to claim 13, Gao discloses the claimed invention including:
a supplemental heat exchanger (252) positioned downstream of the first heat exchanger, the supplemental heat exchanger placed outside the facility (248), see figure 5 for the details of the external cooling unit.
In reference to claim 14, Gao discloses the claimed invention including:
A method for cooling a facility (data center) employing equipment requiring active cooling, the method comprising the following steps:
a. directing at least some refrigerant from a refrigerant source (234) via a refrigerant supply line (233) pressurized at a first pressure through a first heat exchanger (220), wherein the first heat exchanger is configured to use the refrigerant circulating circulating through the first heat exchanger to cool a first of either air or liquid which passes through the first heat exchanger and is used for active cooling of the equipment in the facility,
b. directing at least some refrigerant from the first heat exchanger (220) to flow through a second heat exchanger (222), wherein the second heat exchanger is configured to use the refrigerant circulating through the second heat exchanger to cool a second of either air or liquid which passes through the second heat exchanger and is used for active cooling of the equipment in the facility, and
c. directing the refrigerant to flow from the second heat exchanger (222) toward the refrigerant source (234) via a refrigerant return line (235) at a second pressure, wherein the second pressure is lower than the first pressure.
In process or method claims, a prior art device anticipates a claimed process or method if the device carries out the process during normal operation. Since the device taught by Gao is the same as a device described in the applicant's specification for carrying out the claimed method, it can be assumed that the devices of the prior art will inherently perform the claimed process, see MPEP 2112.02, Process Claims.
In reference to claim 15, Gao discloses the claimed invention including:
in step (b), refrigerant supply to the second heat exchanger is provided in one of the following modes:
- entirely from the refrigerant supply line (when 228 is open and 224 is closed), or
- entirely after passing through the first heat exchanger (228 closed and 224 open), or
- as a mixture of at least some refrigerant flowing directly from the refrigerant supply line and at least some refrigerant flowing after passing through the first heat exchanger (when both 228 and 224 are open).
In reference to claim 16, Gao discloses the claimed invention including:
a step of directing at least some refrigerant from the first refrigerant outlet (223) of the first heat exchanger (22) to the refrigerant return line (235) without passing through the second heat exchanger (222), via valve 224.
In reference to claim 17, Gao discloses the claimed invention including:
the facility is a computer data center [0002], the air passing through the first heat exchanger (220) is used for active air cooling of the computer equipment of the data center and the
liquid passing through the second heat exchanger (222) is used for active liquid cooling of the computer equipment of the data center [0052-0054].
In reference to claim 18, Gao discloses the claimed invention including:
a step of providing a supplemental heat exchanger (252) positioned outside the facility (external cooling unit) and a step of directing refrigerant from the first heat exchanger or from the second heat exchanger to the supplemental heat exchanger to at least partially extract heat from the refrigerant prior to directing the refrigerant to the refrigerant return line (as seen in figure 5).
In reference to claim 19, Gao discloses the claimed invention including:
the step of directing the refrigerant to flow through the supplemental heat exchanger is only done when an ambient temperature is below a refrigerant temperature at the first refrigerant outlet of the first heat exchanger. 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. Since the recited the ambient temperature conditions need not be satisfied to meet the claim, the recited operation of directing only done when an ambient temperature is below a refrigerant temperature at the first refrigerant outlet of the first heat exchanger need not be carried out for the claimed method to be performed. As such, Gao is considered to carry out the method of the claim even though the claimed ambient temperature requirements are not explicitly recited.
In reference to claim 20, Gao discloses the claimed invention including:
the first heat exchanger (220) configured to use the refrigerant circulating through the first heat exchanger to solely cool air (liquid to air) which passes through the first heat exchanger and is used for active cooling of the equipment in the facility, and wherein the second heat exchanger (222) configured to use the refrigerant circulating through the second heat exchanger to solely cool liquid (liquid to liquid) which passes through the second heat exchanger and is used for active cooling of the equipment in the facility [0052-0054].
In reference to claim 21, Gao discloses the claimed invention including:
A cooling system for a facility employing equipment requiring active cooling, the cooling system (see figure 4) comprising:
a refrigerant supply line (233) providing a refrigerant at a first pressure from a refrigerant source,
a refrigerant return line (235) directing the refrigerant at a second pressure toward the refrigerant source for cooling and recirculating the refrigerant through the refrigerant return line, wherein the second pressure is lower than the first pressure, (with respect to the different pressures of the system, it is noted this language requiring low and high pressure is a recitation of how the apparatus is intended to be operated that does not result in any structure different than the prior art for performing the operation. Since Gao teaches all of the claimed structural elements and is perfectly capable of performing the claimed function, the apparatus of Gao is considered to meet all of the claimed structural limitations),
a first heat exchanger (220) configured to use the refrigerant circulating through the first heat exchanger to cool a first of either air or liquid which passes through the first heat exchanger and is used for active cooling of the equipment in the facility, the first heat exchanger having a first refrigerant inlet (221) and a first refrigerant outlet (223),
a second heat exchanger (222) configured to use the refrigerant circulating through the second heat exchanger to cool a second of either air or liquid which passes through the second heat exchanger and is used for active cooling of the equipment in the facility, the second heat exchanger having a second refrigerant inlet (225) and a second refrigerant outlet (227),
wherein the first refrigerant inlet (221) is configured to receive at least some refrigerant from the refrigerant supply line (233), the first refrigerant outlet (223) is configured to direct at least some refrigerant to the refrigerant return line (235),
wherein the second refrigerant inlet (225) is configured to receive at least some refrigerant from the refrigerant supply line (233), the second refrigerant outlet (227) is configured to direct at least some refrigerant to the refrigerant return line (235),
thereby facilitating independent adjustment of a refrigerant flow rate and/or a refrigerant temperature while passing through the first heat exchanger and the second heat exchanger.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 8 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Gao in view of CN114980678 to Zhang et al., hereinafter referred to as Zhang (see English language translation provided herewith).
In reference to claim 8, Gao and Zhang disclose the claimed invention.
Gao fails to disclose at least one pressure sensor operatively positioned at the second refrigerant inlet or at the second refrigerant outlet and configured to respectively detect a refrigerant pressure at the second refrigerant inlet or at the second refrigerant outlet.
Zhang teaches that it is known in the art of cooling electronic equipment via a cold plate (8), that it is a known method to provide a pressure sensor (11) at the inlet of the cold plate. Zhang teaches that using the inlet pressure of heat exchanger to control opening degrees of valves is known (see paragraphs 3-4 on page 9 of the English language translation). This is strong evidence that modifying Gao as claimed would produce predictable results (i.e., allow the valves to be adjusted based on the sensed pressure at the inlet of the second heat exchanger). Accordingly, it would have been obvious to a person having ordinary skill in the art at the time the invention was effectively filed, to modify Gao by Zhang such that at least one pressure sensor was operatively positioned at the second outlet and configured to respectively detect a refrigerant pressure at the second refrigerant inlet or at the second refrigerant outlet, since all claimed elements were known in the art, and one having ordinary skill in the art could have modified the prior art as claimed by known methods with no changes in their respective functions and the combination would have yielded a predictable result of adjusting the flow valves based on a sensed pressure of the inlet.
In reference to claim 9, Gao and Zhang disclose the claimed invention.
Gao fails to disclose at least one temperature sensor operatively positioned at the second refrigerant inlet or at the second refrigerant outlet and configured to respectively detect a refrigerant temperature at the second refrigerant inlet or at the second refrigerant outlet.
Zhang teaches that it is known in the art of cooling electronic equipment via a cold plate (8), that it is a known method to provide a temperature sensor (13) at the inlet of the cold plate. Zhang teaches that using the inlet temperature of heat exchanger to control opening degrees of valves is known (see paragraph 3 on page 6 of the English language translation). This is strong evidence that modifying Gao as claimed would produce predictable results (i.e., allow the valves to be adjusted based on the sensed temperature at the inlet of the second heat exchanger). Accordingly, it would have been obvious to a person having ordinary skill in the art at the time the invention was effectively filed, to modify Gao by Zhang such that at least one temperature sensor was operatively positioned at the second outlet and configured to respectively detect a refrigerant pressure at the second refrigerant inlet or at the second refrigerant outlet, since all claimed elements were known in the art, and one having ordinary skill in the art could have modified the prior art as claimed by known methods with no changes in their respective functions and the combination would have yielded a predictable result of adjusting the flow valves based on a sensed temperature of the inlet.
Claims 10 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Gao in view of CN111356338 to Chen, hereinafter referred to as Chen, (see English language translation provided herewith).
In reference to claim 10, Gao and Chen disclose the claimed invention.
Gao fails to disclose a return line temperature sensor positioned in the refrigerant return line downstream of the first heat exchanger and the second heat exchangers, wherein the return line temperature sensor is configured to measure refrigerant temperature in the refrigerant return line prior to reaching the refrigerant source.
Chen teaches that in the art of IT cooling systems, that it is a known method to provide a return line temperature sensor (22) positioned in the refrigerant return line downstream of first and second heat exchangers (5), wherein the return line temperature sensor is configured to measure refrigerant temperature in the refrigerant return line prior to reaching the refrigerant source (4). Chen teaches that this method allows for controlling the refrigerant source based on the temperature of the return coolant (see paragraph 1 of page 6 of the English language translation). This is strong evidence that modifying Gao as claimed would produce predictable results (i.e., control cooling provided by refrigerant source based on the return temperature of the coolant). Accordingly, it would have been obvious to a person having ordinary skill in the art at the time the invention was effectively filed, to modify Gao by Chen such that, the system included a return line temperature sensor positioned in the refrigerant return line downstream of the first heat exchanger and the second heat exchangers, wherein the return line temperature sensor is configured to measure refrigerant temperature in the refrigerant return line prior to reaching the refrigerant source since all claimed elements were known in the art, and one having ordinary skill in the art could have modified the prior art as claimed by known methods with no changes in their respective functions and the combination would have yielded a predictable result of controlling the refrigerant source based on the temperature of the coolant in the return line.
In reference to claim 12, Gao and Chen disclose the claimed invention.
Gao fails to disclose the liquid passing through the first heat exchanger or the second heat exchanger is selected from a group consisting of: a one-phase refrigerant, a two-phase refrigerant, a water, and a mix of water and glycol.
Chen teaches that in the art of IT load cooling, that water is known to be suitable for the purpose of a cooling loop for cold plates, see abstract, etc. Accordingly, it would have been obvious to a person having ordinary skill in the art at the time the invention was effectively filed, to modify Gao by Chen such that, the liquid passing through the first heat exchanger or the second heat exchanger is water, since it has been held that the selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination, see MPEP 2144.07.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CASSEY D BAUER whose telephone number is (571)270-7113. The examiner can normally be reached Mon-Thurs: 10AM-8PM (ET).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Frantz Jules can be reached at 571-272-6681. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CASSEY D BAUER/ Primary Examiner, Art Unit 3763
/FRANTZ F JULES/ Supervisory Patent Examiner, Art Unit 3763