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 2 and 8 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 2 recites the limitation "a plurality of the pumps" in line 3. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, the limitation has been examined as --a plurality of pumps--.
Claim 8 recites the limitation "the second direction side" in line 6. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, the limitation has been considered as --a second direction side--.
Claim 8 recites the limitation "the first direction side" in line 7. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, the limitation has been considered as --a first direction side--.
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-6 and 8-9 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Chen (US 12,101,914).
Regarding claim 1, Chen discloses a refrigerant circulation device (refer to figs. 1-7), comprising:
a primary flow path (having a first liquid inlet 101 and outlet 102) serving as a flow path of a primary refrigerant;
a secondary flow path (having a second liquid inlet 103 and outlet 104) serving as a flow path of a secondary refrigerant;
a heat exchanger (131) connected to the primary flow path and the secondary flow path;
a pump (140) connected to the secondary flow path (refer to fig. 7); and
a housing (190) including an accommodation region; wherein
the accommodation region extends in a first direction and a second direction intersecting each other (refer to fig. 1 below), and has a dimension longer in the first direction than in the second direction;
the housing accommodates the primary flow path, the secondary flow path, the heat exchanger, and the pump in the accommodation region (refer to fig. 1); and
an entirety of the heat exchanger (131) is positioned on one side in the second direction (refer to fig. 1 below, wherein the heat exchanger extends in the second direction) relative to the pump (140).
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Regarding claim 2, Chen meets the claim limitations as disclosed above in the rejection of claim 1. Further, Chen discloses a plurality of pumps (141, 142, 143, 144); wherein an entirety of the heat exchanger (131) is positioned on one side in the second direction relative to any of the pumps (refer to annotated fig. 1 above).
Regarding claim 3, Chen meets the claim limitations as disclosed above in the rejection of claim 1. Further, Chen discloses wherein the pump includes:
a pump inlet (refer to the inlet of pump 140 as in fig. 7 connected to liquid storage unit 132) serving as an inflow port of the secondary refrigerant;
a pump outlet (refer to the outlet of pump 140 as in fig. 7 connected to outlet 104) serving as an outflow port of the secondary refrigerant;
a pump inlet-side flow path (501-504, fig. 5) connecting the pump inlet and the secondary flow path; and
a pump outlet-side flow path (505, fig. 5) connecting the pump outlet and the secondary flow path; and
the pump inlet-side flow path (501-504, fig. 5) and the pump outlet-side flow path (505, fig. 5) extend in the first direction (refer to annotated fig. 1 above) on the second direction side relative to the heat exchanger (refer to fig. 5).
Regarding claim 4, Chen meets the claim limitations as disclosed above in the rejection of claim 3. Further, Chen discloses wherein the housing (190) includes a housing secondary outlet (104) serving as an outflow port of the secondary refrigerant; and a portion of the secondary flow path, the portion connecting the housing secondary outlet (104) and the pump outlet (refer to the outlet of pump 140 as in fig. 7 connected to outlet 104) extends in the first direction (refer to pump outlet-side flow path 505 extending in the longer first direction, in which the secondary refrigerant is transported from an outlet of the pump to the housing secondary outlet 104) on the second direction side relative to the heat exchanger (refer to fig. 5).
Regarding claim 5, Chen meets the claim limitations as disclosed above in the rejection of claim 1. Further, Chen discloses wherein an entirety of the heat exchanger (131) is positioned on one side in the second direction relative to the pump (refer to annotated fig. 1 above);
the heat exchanger includes:
a HEX primary inlet connected to the primary flow path (refer to HEX inlet receiving the primary refrigerant from inlet 101 as in fig. 7) and serving as an inflow port of the primary refrigerant;
a HEX primary outlet (refer to HEX outlet sending primary refrigerant towards outlet 102) connected to the primary flow path and serving as an outflow port of the primary refrigerant;
a HEX secondary inlet (refer to HEX secondary inlet receiving the secondary refrigerant from inlet 103 as in fig. 7) connected to the secondary flow path and serving as an inflow port of the secondary refrigerant;
a HEX secondary outlet (refer to HEX secondary outlet sending the secondary refrigerant towards storage unit 132 as in fig. 7) connected to the secondary flow path and serving as an outflow port of the secondary refrigerant; and
a HEX housing (including a wall as can be seen from fig. 4 below) including a flow path connection surface on which the HEX primary inlet, the HEX primary outlet, the HEX secondary inlet, and the HEX secondary outlet are arranged; and
the flow path connection surface (refer to fig. 4 below) opposes another side (opposite wall of the heat exchanger) in the second direction (shortest direction of the housing as in annotated fig. 1 above).
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Regarding claim 6, Chen meets the claim limitations as disclosed above in the rejection of claim 1. Further, Chen discloses a control circuit (110); wherein the housing (190) accommodates the control circuit (110) in the accommodation region; and the control circuit (110) is in a portion of the accommodation region on a first direction side of the heat exchanger (refer to fig. 5).
Regarding claim 8, Chen meets the claim limitations as disclosed above in the rejection of claim 1. Further, Chen discloses a power supply assembly (refer to power supply module 120 including a first power supply module 122 and a second power supply module 124); wherein the housing (190) accommodates the power supply assembly in the accommodation region (refer to fig. 5); and the power supply assembly (122 and 124) is positioned on a second direction side relative to the heat exchanger (131) and on a first direction side relative to the pump (140).
Regarding claim 9, Chen meets the claim limitations as disclosed above in the rejection of claim 8. Further, Chen discloses wherein the heat exchanger (131) is on one side in the second direction (refer to fig. 5);
the power supply assembly (120) is arranged at an interval on another side in the second direction with respect to the heat exchanger (refer to fig. 5);
the housing includes:
a housing primary inlet (101) connected to the primary flow path and serving as an inflow port of the primary refrigerant;
a housing primary outlet (102) connected to the primary flow path and serving as an outflow port of the primary refrigerant;
a housing secondary inlet (103) connected to the secondary flow path and serving as an inflow port of the secondary refrigerant; and
a housing secondary outlet (104) connected to the secondary flow path and serving as an outflow port of the secondary refrigerant; and
the housing primary inlet (101), the housing primary outlet (102), the housing secondary inlet (103), and the housing secondary outlet (104) are arranged in the second direction between the heat exchanger and the power supply assembly (refer to fig. 5, wherein both inlets and outlets are within the interval as to which the power supply assembly 120 and the heat exchanger 131 are arranged in the second direction).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 7 and 10-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen (US 12,101,914).
Regarding claim 7, Chen meets the claim limitations as disclosed above in the rejection of claim 6. Further, Chen discloses wherein the control circuit (110) is in a portion of the accommodation region on a second direction side of the pump (140, including pumps 141-144), but fails to explicitly disclose wherein the control circuit is smaller in dimension in the first direction than the pump.
However, it appears that Chen’s refrigerant circulation device would operate equally well with the control circuit being smaller in dimension in the first direction than the pump. Furthermore, where the only difference between the prior art and the claims is a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device is not patentably distinct from the prior art device. Refer to MPEP 2144.04 IV A.
Therefore, it would have been obvious to a person of ordinary skill before the effective filing date of the claimed invention, to modify Chen such that the control circuit is smaller in dimension in the first direction than the pump, since it would be a matter of choice of a person having ordinary skill in the art and fails to patentably distinguish over Chen.
Regarding claim 10, Chen meets the claim limitations as disclosed above in the rejection of claim 1. Further, Chen discloses a tank (132) that stores a refrigerant used as the secondary refrigerant; wherein the housing accommodates the tank (132) in the accommodation region; and the tank is arranged such that at least a portion of the tank overlaps with respect to the heat exchanger (refer to fig. 4) and being connected with respect to the secondary flow path, but Chen fails to explicitly disclose wherein the portion of the tank overlaps in a third direction with respect to the heat exchanger on one side of the third direction intersecting the first direction and the second direction relative to the heat exchanger, and the tank is connected in the third direction with respect to the secondary flow path.
However, it appears that Chen’s refrigerant circulation device would operate equally well with the portion of the tank overlapping in a third direction with respect to the heat exchanger on one side of the third direction intersecting the first direction and the second direction relative to the heat exchanger, and the tank being connected in the third direction with respect to the secondary flow path. Furthermore, shifting the position of the tank with respect to the heat exchanger would not have modified the operation of the device. Refer to MPEP 2144.04 VI C.
Therefore, it would have been obvious to a person of ordinary skill before the effective filing date of the claimed invention, to modify Chen such that the portion of the tank overlaps in a third direction with respect to the heat exchanger on one side of the third direction intersecting the first direction and the second direction relative to the heat exchanger, and the tank is connected in the third direction with respect to the secondary flow path, since it has been held that a particular placement and rearrangement of parts of an invention involves only routine skill in the art.
Regarding claim 11, Chen meets the claim limitations as disclosed above in the rejection of claim 1. Further, Chen discloses wherein the secondary refrigerant flowing into the heat exchanger through the secondary flow path is higher in temperature than the primary refrigerant flowing into the heat exchanger through the primary flow path (in the instant case and as can be seen from fig. 7, the secondary refrigerant flowing into the heat exchanger absorbs waste heat from a plurality of server devices 740, while the primary refrigerant flowing into the heat exchanger is cooled down by cooling tower 730); and the secondary flow path is positioned relative to the primary flow path, but Chen fails to explicitly disclose wherein the secondary flow path is positioned on one side in a third direction intersecting the first direction and the second direction relative to the primary flow path.
However, it appears that Chen’s refrigerant circulation device would operate equally well with the secondary flow path being positioned on one side in a third direction intersecting the first direction and the second direction relative to the primary flow path. Furthermore, shifting the position of the secondary flow path with respect to the primary flow path would not have modified the operation of the device. Refer to MPEP 2144.04 VI C.
Therefore, it would have been obvious to a person of ordinary skill before the effective filing date of the claimed invention, to modify Chen such that the secondary flow path is positioned on one side in a third direction intersecting the first direction and the second direction relative to the primary flow path, since it has been held that a particular placement and rearrangement of parts of an invention involves only routine skill in the art.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANA M VAZQUEZ whose telephone number is (571)272-0611. The examiner can normally be reached M-F 7-4.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Len Tran can be reached at 571-272-1184. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANA M VAZQUEZ/Primary Examiner, Art Unit 3763