DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
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 §§ 706.02(l)(1) - 706.02(l)(3) 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).
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Claim 1 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 9763366. Although the claims at issue are not identical, they are not patentably distinct from each other because the reference claim requires all of the limitations of the present claim.
Present Application
Reference Patent US 9763366 B2
1. A modular data pod, comprising:
an enclosure including wall members contiguously joined to one another along at least one edge of each wall member in the shape of a polygon and a data pod covering member;
a plurality of computer racks arranged within the enclosure to form a first volume between the inner surface of the wall members and first sides of the computer racks and a second volume formed of second sides of the computer racks;
a computer rack covering member configured to enclose the second volume, the computer rack covering member and the data pod covering member forming a third volume coupling the first volume to the second volume; and
an air circulator configured to continuously circulate air through the first, second, and third volumes.
1. A modular data pod, comprising:
a first enclosure including wall members contiguously joined to one another along at least one edge of each wall member in the shape of a polygon and a data pod covering member;
a plurality of computer racks arranged within the first enclosure to form a first volume between the inner surface of the wall members and first sides of the computer racks and a second volume formed of second sides of the computer racks;
a computer rack covering member enclosing the second volume, the computer rack covering member and the data pod covering member forming a third volume coupling the first volume to the second volume;
an air circulator, wherein the air circulator continuously circulates air through the first, second, and third volumes; and
an auxiliary enclosure disposed adjacent an external surface of at least one wall member of the first enclosure, wherein the first enclosure is disposed external to the auxiliary enclosure and the auxiliary enclosure is separate and distinct from the first enclosure, the auxiliary enclosure including a cooling system disposed therein, the cooling system comprising: a first fluid circuit in thermal communication with the first enclosure; a second fluid circuit in thermal communication with the first fluid circuit; a condenser in fluid communication with the first and second fluid circuits; a third fluid circuit in thermal communication with the second fluid circuit and a trim condenser in fluid communication with the second and third fluid circuits.
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
Claim 1 rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Tanaka (US 20070064383 A1) in view of Chu (US 20040190247 A1).
As to claim 1, Tanaka discloses: A modular data pod (Figs. 11-13), comprising:
a plurality of computer racks 110a-110g arranged to form a first volume Fin (Fig. 12) outside first sides of the computer racks and a second volume (within central space “S”, Fig. 11) formed of second sides of the computer racks;
a computer rack covering member 800 (Fig. 12) configured to enclose the second volume, the computer rack covering member forming a third volume Fout (Fig. 12) coupling the first volume to the second volume; and
an air circulator 810 configured to continuously circulate air through the first, second, and third volumes (see par. [0068]).
Tanaka does not explicitly disclose:
an enclosure including wall members contiguously joined to one another along at least one edge of each wall member in the shape of a polygon and a data pod covering member;
wherein the first volume is between the inner surface of the wall members and first sides of the computer racks;
the computer rack covering member and the data pod covering member forming the third volume coupling the first volume to the second volume.
However, Chu discloses:
an enclosure 10, 31, 32 (top view, Fig. 14a) including wall members contiguously joined (as in Fig. 2) to one another along at least one edge of each wall member in the shape of a polygon (octagon) and a data pod covering member (see side views of Figs. 5a-5b, 7-8a, and 9-10, which clearly show that the enclosures have covering members; see also par. [0047]);
a first volume (e.g., 22) between the inner surface 28 of the wall members and first sides (left sides) of the computer racks.
The first enclosure of Chu can open (Fig. 14) to vent air through the racks in the event of an over temperature due to cooling failures such as loss of water-cooling or loss of auxiliary fans (par. [0054]). Additionally, the enclosure protects the racks from physical damage, and is mounted on casters 27, 29 (see Figs. 5a-5b, 9, par. [0044]) that enhance the mobility of the racks/enclosure.
It would have been obvious to one of ordinary skill in the related art(s) at the time of the invention to modify the modular data pod of Tanaka by providing the modular data pod within an enclosure as suggested by Chu, e.g., providing:
an enclosure including wall members contiguously joined to one another along at least one edge of each wall member in the shape of a polygon and a data pod covering member;
a first volume F1 (Fig. 12, Tanaka) between the inner surface of the wall members (of Chu) and first sides of the computer racks 110, 130 (Fig. 12, Tanaka);
and the computer rack covering member 800 (Fig. 12, Tanaka) and the data pod covering member (top/covering member of enclosure of Chu) forming a third volume (similar to 24 in Fig. 9, Chu) coupling the first volume to the second volume;
in order to protect the racks from physical damage, provide a mobile modular data pod, and vent air through the racks in the event of a cooling failure.
Additionally, all claimed elements were known in the prior art and one skilled in the art could have combined/modified the elements as claimed by known methods with no change in their respective functions, and the combination/modification would have yielded predictable results to one of ordinary skill in the art at the time of the invention. See KSR International Co. v. Teleflex Inc., 550 U.S.___, 82 USPQ2d 1385 (2007).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Belady (US 20050235671 A1), Bean (US 20100307716 A1), Day (US 20110094714 A1), Schwedler (US 5600960 A), Kondo (US 20040057211 A1), and Rasmussen (US 7112131 B2) disclose conventional cooling arrangements.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACOB R CRUM whose telephone number is (571)270-7665. The examiner can normally be reached on Monday - Friday 9:00 am - 5:00 pm.
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/JACOB R CRUM/Primary Examiner, Art Unit 2835