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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on August 21, 2024 was filed after the mailing date of the instant application on August 21, 2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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, 2, 6, 8, 9, 12, 13, 15, and 16 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Sawafta (US 2022/0217875).
Regarding claim 1, Sawafta teaches a cooling cell (100, Fig. 1c, [0048]), comprising
a body (101, Fig. 1c, [0048]) having a central cavity (101, [0048]), the body having generally rectangular configuration with a predetermined length, width and thickness (101, Fig. 1, [0048]), the body having opposing substantially flat surfaces (102, 103, Fig. 1c, [0049]) and a peripheral edge defining four corners which are radiused (104, Fig. 1c, [0049]);
an aperture disposed through the body which is sealed from the central cavity (109, Fig. 1c, [0053]), the aperture adapted to receive an external mount for coupling the cooling cell to one or more separate cooling cells (109, [0075]);
at least two spacers disposed on each flat surface of the body (108, Fig. 1c, Fig. 6, [0057], [0069]), the spacers extending from a flat surface of the body a predetermined distance, the spacers being adapted to separate the flat surfaces of the body from flat surfaces of adjacent separate cooling cells (108, Fig. 6, [0069]);
and a phase change material disposed in the central cavity of the body ([0076]).
Regarding claim 2, Sawafta teaches a fill aperture disposed on the body and providing access to the central cavity (110 and 111, Fig. 1c, [0060]), the fill aperture being adapted to admit the phase change material to the central cavity and then be sealed (110 and 111, Fig. 1c, [0060], [0071]).
Regarding claim 6, Sawafta teaches the spacers are unitary with the body (108, Fig. 1c, [0058]) and communicatively connected to the central cavity (108, [0058]).
Regarding claim 8, Sawafta teaches a cooling system (100(6), Fig. 6, [0069]), comprising
a. a plurality of cooling cells (100, Fig. 6, [0069]), each cooling cell comprising
i. a body (101, Fig. 1c, Fig. 6, [0048]) having a central cavity (101, [0048]), the body having generally rectangular configuration with a predetermined length, width and thickness (101, Fig. 1c, Fig. 6, [0048]), the body having opposing substantially flat surfaces (102, 103, Fig. 1c, Fig. 6, [0049]) and a peripheral edge defining four corners which are radiused (104, Fig. 1c, Fig. 6, [0049]);
ii. an aperture disposed through the body which is sealed from the central cavity (109, Fig. 1c, [0053]), the aperture being adapted to couple the cooling cell to one or more separate cooling cells (109, [0075]);
iii. at least two spacers disposed on each flat surface of the body (108, Fig. 1c, Fig. 6, [0057], [0069]), the spacers extending from a flat surface of the body a predetermined distance, the spacers being adapted to separate the flat surfaces of the body from flat surfaces of adjacent, separate cooling cells (108, Fig. 6, [0069]); and
iv. a phase change material disposed in the central cavity of the body ([0076]); and
b. a mount for coupling the cooling cells, the mount being disposed through the apertures of the cooling cells ([0075]).
Regarding claim 9, Sawafta teaches each cooling cell further comprises a fill aperture disposed on the body and providing access to the central cavity (110 and 111, Fig. 1c, [0060]), the fill aperture being adapted to admit the phase change material to the central cavity and then be sealed (110 and 111, Fig. 1c, [0060], [0071]).
Regarding claim 12, Sawafta teaches
a. the cooling cell aperture is disposed longitudinally centrally with respect to the body (109, Fig. 1c, [0064]);
b. wherein the cooling cell aperture has a predetermined geometric configuration (109, Fig. 1c, [0059]); and
c. wherein the mount has a geometric configuration complementary with the geometric configuration of the cooling cell aperture, and in use, the mount is disposed through the apertures of the plurality of cooling cells to couple the cooling cells ([0075]).
Regarding claim 13, Sawafta teaches cooling cell aperture has a predetermined internal dimension and the mount has a predetermined external dimension which is less than the internal dimension of the cooling cell aperture ([0075]).
Regarding claim 15, Sawafta teaches the cooling cell spacers are unitary with the body (108, Fig. 1c, [0058]) and communicatively connected to the central cavity (108, [0058]).
Regarding claim 16, Sawafta teaches the mount is elongated and has a predetermined length, whereby the cooling cells and the mount form a cooling array or group of cooling cells ([0075]).
Regarding claim 18, Sawafta teaches the mount is adapted to connect the cooling array to a flat, external ceiling or wall surface ([0075], [0098]).
Claim(s) 8, 16, and 20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Cutting (US 2023/0030092).
Regarding claim 8, Cutting teaches a cooling system (200, Fig. 2, Fig. 3, [0088]), comprising
a. a plurality of cooling cells (100, Fig. 1, [0076]), each cooling cell comprising
i. a body (110, Fig. 1, [0076]) having a central cavity (140, Fig. 1, [0076]), the body having generally rectangular configuration with a predetermined length, width and thickness (110, Fig. 1, [0076]), the body having opposing substantially flat surfaces (113, 117, Fig. 1, [0079]) and a peripheral edge defining four corners which are radiused (110, Fig. 1, [0076]);
ii. an aperture disposed through the body which is sealed from the central cavity (132, 134, Fig. 1, [0088]), the aperture being adapted to couple the cooling cell to one or more separate cooling cells (132, 134, Fig. 1, Fig. 2, Fig. 3, [0088]);
iii. two spacers disposed on each flat surface of the body (132, 134, Fig. 1, Fig. 2, Fig. 3, [0088]), the spacers extending from a flat surface of the body a predetermined distance, the spacers being adapted to separate the flat surfaces of the body from flat surfaces of adjacent, separate cooling cells (132, 134, Fig. 1, Fig. 2, Fig. 3, [0088]); and
iv. a phase change material (150, Fig. 1, [0076]) disposed in the central cavity of the body (140, Fig. 1, [0076]); and
b. a mount for coupling the cooling cells, the mount being disposed through the apertures of the cooling cells (210, 220, [0088]).
Regarding claim 16, Cutting teaches the mount is elongated and has a predetermined length, whereby the cooling cells and the mount form a cooling array or group of cooling cells (210, 220, Fig. 2, Fig. 3, [0088]).
Regarding claim 20, Cutting teaches at least one temperature sensing unit, the temperature sensing unit being constructed and arranged to be disposed proximate a cooling array, the temperature sensing unit having at least one temperature sensor for sensing a temperature of the material being cooled by the cooling system (122, Fig. 1, [0084]).
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.
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 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 3 and 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sawafta (US 2022/0217875) as applied to claim 2 above, and further in view of Moses (EP 0126248).
Regarding claim 3, Sawafta teaches the body is constructed of a polymeric material (101, [0050]) and the fill aperture is generally flat (110 and 111, Fig. 1c, [0061], plane of opening is parallel with flattened corner 105) and disposed on a peripheral edge of the body, the fill aperture being adapted to be filled and sealed (110 and 111, [0060], Fig. 1c, [0071]).
Sawafta does not teach the polymeric material is amenable to heat sealing and wherein the fill aperture is a weldment structure and also being adapted to be clamped and heated.
However, Moses teaches a PCM container made of a polymeric material (10, Fig. 1, [0016]) having a fill opening (28, Fig. 1, [0016]) that is closed with a closure member. The closure member is welded to the container to hermetically seal the PCM within the container.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to seal the cap of Sawafta by welding to prevent evaporation of the PCM (Moses, [0016]) because Sawafta mentioned the cap may further comprise a seal or closure to securely seal or close off the opening from the environment (Sawafta: [0071]).
One of ordinary skill in the art would understand from Moses’ disclosure that the polymeric material would be amenable to heat sealing as welding was performed on the closure member and the container, which were both polymeric (Moses: [0016]). One of ordinary skill in the art would also understand that clamping can be done on the fill spout structure shown (Sawafta: 110, Fig. 1c).
Regarding claim 4, Sawafta teaches the body is constructed of a polymeric material (101, [0050]) and the fill aperture is generally round and tubular (110 and 111, Fig. 1c, [0060], fill spout is generally cylindrical in shape) and disposed on a peripheral edge of the body, the fill aperture being adapted to be filled, plugged with an external stop member, and sealed (110 and 111, Fig. 1c, [0060], [0071]).
Sawafta does not teach the polymeric material is amenable to heat sealing and wherein the fill aperture is a weldment structure and also being adapted to be heated.
However, Moses teaches a PCM container made of a polymeric material (10, Fig. 1, [0016]) having a fill opening (28, Fig. 1, [0016]) that is closed with a closure member. The closure member is welded to the container to hermetically seal the PCM within the container.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to seal the cap of Sawafta by welding to prevent evaporation of the PCM (Moses, [0016]) because Sawafta mentioned the cap may further comprise a seal or closure to securely seal or close off the opening from the environment (Sawafta: [0071]).
One of ordinary skill in the art would understand from Moses’ disclosure that the polymeric material would be amenable to heat sealing as welding was performed on the closure member and the container, which were both polymeric (Moses: [0016]).
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sawafta (US 2022/0217875).
Regarding claim 5, Sawafta teaches the aperture is disposed longitudinally centrally with respect to the body (109, Fig. 1c, [0064]).
Sawafta does not teach the aperture has a rectangular configuration adapted to receive and couple with a rectangular external mount.
However, Sawafta teaches the channel (109, Fig. 1c, [0075]) can have any shape not inconsistent with the objectives of the present disclosure, and the shape can also be a polygonal shape having sharp or rounded corners (109, [0059]). Also, pegs or arm extensions of the mounting bracket ([0075]) would not have affected the pegs’ or arm extensions’ function of securing one or more plates ([0075]).
Therefore, the shapes of the aperture (Sawafta: channel, 109, Fig. 1c, [0075]) and external mount (Sawafta: pegs or arm extensions of mounting bracket, [0075]) are a matter of design choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular shapes of the aperture and external mount were significant and the cooling cell having the claimed shapes would perform differently than the prior art thermal management plate (See Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984)).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sawafta (US 2022/0217875) as applied to claim 1 above, and further in view of Moses (EP 0126248).
Regarding claim 7, Sawafta teaches the cooling cell of claim 1:
a. further comprising a fill aperture disposed on the body and providing access to the central cavity (110 and 111, Fig. 1c, [0060]), the fill aperture being adapted to admit the phase change material to the central cavity and then be sealed (110 and 111, Fig. 1c, [0060], [0071]);
b. wherein the body is constructed of a polymeric material (101, [0050]) and the fill aperture is generally flat (110 and 111, Fig. 1c, [0061], plane of opening is parallel with flattened corner 105) and disposed on a peripheral edge of the body, the fill aperture being adapted to be filled and sealed (110 and 111, Fig. 1c, [0060], [0071]);
c. wherein the aperture is disposed longitudinally centrally with respect to the body (109, Fig. 1c, [0064]); and
d. wherein the spacers are unitary with the body (108, Fig. 1c, [0058]) and communicatively connected to the central cavity (108, [0058]).
Sawafta does not teach the polymeric material is amenable to heat sealing and wherein the fill aperture is a weldment structure and also being adapted to be clamped and heated. Additionally, Sawafta does not teach the aperture has a rectangular configuration adapted to receive and couple with a rectangular external mount.
However, Moses teaches a PCM container made of a polymeric material (10, Fig. 1, [0016]) having a fill opening (28, Fig. 1, [0016]) that is closed with a closure member. The closure member is welded to the container to hermetically seal the PCM within the container.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to seal the cap of Sawafta by welding to prevent evaporation of the PCM (Moses, [0016]) because Sawafta mentioned the cap may further comprise a seal or closure to securely seal or close off the opening from the environment (Sawafta: [0071]).
One of ordinary skill in the art would understand from Moses’ disclosure that the polymeric material would be amenable to heat sealing as welding was performed on the closure member and the container, which were both polymeric (Moses: [0016]). One of ordinary skill in the art would also understand that clamping can be done on the fill spout structure shown (Sawafta: 110, Fig. 1c).
Additionally, the shape of the channel (109, Fig. 1c, [0075]) and pegs or arm extensions of the mounting bracket ([0075]) would not have affected the pegs’ or arm extensions’ function of securing one or more plates (100, Fig. 1c, [0075])
Therefore, the shapes of the aperture (Sawafta: channel, 109, Fig. 1c, [0075]) and external mount (Sawafta: pegs or arm extensions of mounting bracket, [0075]) are a matter of design choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular shapes of the aperture and external mount were significant and the cooling cell having the claimed shapes would perform differently than the prior art thermal management plate (See Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984)).
Claim(s) 10 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sawafta (US 2022/0217875) as applied to claim 9 above, and further in view of Moses (EP 0126248).
Regarding claim 10, Sawafta teaches the body is constructed of a polymeric material (101, [0050]) and the fill aperture is generally flat (110 and 111, Fig. 1c, [0061], plane of opening is parallel with flattened corner 105) and disposed on a peripheral edge of the body, the fill aperture being adapted to be filled and sealed (110 and 111, [0060], Fig. 1c, [0071]).
Sawafta does not teach the polymeric material is amenable to heat sealing and wherein the fill aperture is a weldment structure and also being adapted to be clamped and heated.
However, Moses teaches a PCM container made of a polymeric material (10, Fig. 1, [0016]) having a fill opening (28, Fig. 1, [0016]) that is closed with a closure member. The closure member is welded to the container to hermetically seal the PCM within the container.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to seal the cap of Sawafta by welding to prevent evaporation of the PCM (Moses, [0016]) because Sawafta mentioned the cap may further comprise a seal or closure to securely seal or close off the opening from the environment (Sawafta: [0071]).
One of ordinary skill in the art would understand from Moses’ disclosure that the polymeric material would be amenable to heat sealing as welding was performed on the closure member and the container, which were both polymeric (Moses: [0016]). One of ordinary skill in the art would also understand that clamping can be done on the fill spout structure shown (Sawafta: 110, Fig. 1c).
Regarding claim 11, Sawafta teaches the body is constructed of a polymeric material (101, [0050]) and the fill aperture is generally round and tubular (110 and 111, Fig. 1c, [0060], fill spout is generally cylindrical in shape) and disposed on a peripheral edge of the body, the fill aperture being adapted to be filled, plugged with an external stop member, and sealed (110 and 111, Fig. 1c, [0060], [0071]).
Sawafta does not teach the polymeric material is amenable to heat sealing and wherein the fill aperture is a weldment structure and also being adapted to be heated.
However, Moses teaches a PCM container made of a polymeric material (10, Fig. 1, [0016]) having a fill opening (28, Fig. 1, [0016]) that is closed with a closure member. The closure member is welded to the container to hermetically seal the PCM within the container.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to seal the cap of Sawafta by welding to prevent evaporation of the PCM (Moses, [0016]) because Sawafta mentioned the cap may further comprise a seal or closure to securely seal or close off the opening from the environment (Sawafta: [0071]).
One of ordinary skill in the art would understand from Moses’ disclosure that the polymeric material would be amenable to heat sealing as welding was performed on the closure member and the container, which were both polymeric (Moses: [0016]).
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sawafta (US 2022/0217875) as applied to claim 12 above.
Regarding claim 14, Sawafta does not teach the geometric configuration of the aperture of each cooling cell and the geometric configuration of the mount are rectangles.
However, Sawafta teaches the channel (109, Fig. 1c, [0075]) can have any shape not inconsistent with the objectives of the present disclosure, and the shape can also be a polygonal shape having sharp or rounded corners (109, [0059]). Also, pegs or arm extensions of the mounting bracket ([0075]) would not have affected the pegs’ or arm extensions’ function of securing one or more plates ([0075]).
Therefore, the shapes of the aperture (Sawafta: channel, 109, Fig. 1c, [0075]) and external mount (Sawafta: pegs or arm extensions of mounting bracket, [0075]) are a matter of design choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular shapes of the aperture and external mount were significant and the cooling cell having the claimed shapes would perform differently than the prior art thermal management plate (See Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984)).
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sawafta (US 2022/0217875) as applied to claim 16 above, and further in view of Ansted (US 2017/0321912).
Regarding claim 17, Sawafta does not teach the mount has a connector at each end, the connectors being adapted to connect the cooling array to a shelf of a rack.
However, Ansted teaches rack mounting rails (500, Fig. 5A, Fig. 5B, [0054]) to attach a PCM module (132, Fig. 5A, Fig. 5B, [0054]) to a rack and adapters (505, Fig. 5A, Fig. 5B, [0054]) that mount the PCM module to the rack mounting rails.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to attach the mounting bracket securing one or more plates of Sawafta (Sawafta: 100, [0075]) to the adapter and rack mounting rails of Ansted in order to regulate the temperature of a facility of arbitrary size and to enable an existing facility to be retrofitted by the rack mounting rails and adapters (Ansted: [0113]). For example, the rack mounting rails and adapters would enable a facility using racks to be able to attach the mounting bracket containing plates of Sawafta to the rack to use the plates for cooling.
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sawafta (US 2022/0217875) as applied to claim 8 above, and further in view of Imbrecht (US 2014/0190976).
Regarding claim 19, Sawafta teaches the cooling system of claim 8, further comprising:
a. two groups of cooling cells (100(6), [0069], See annotated figure below), each group comprising a mount with plural cooling cells ([0075]), the at least two groups of cooling cells being stacked vertically upon each other (See annotated figure below);
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Sawafta does not teach b. a movable pallet adapted to be disposed on a floor of a compartment of a building, a vehicle trailer, an aircraft, or a vessel, or a shelf of a rack; the pallet having:
i. a substantially flat base of a predetermined outer dimension at least large enough to hold a group of cool cells; and
ii. a cage coextensive with an outer periphery of the base and extending upwardly from the base a predetermined height, the cage having an open upper end;
iii. the cage holding the at least two stacked groups of cooling cells while permitting ingress and egress of groups of cooling cells to and from the pallet.
However, Imbrecht teaches a shipping pallet movable with a pallet truck or forklift ([0007]) being a load bearing structure ([0100]), where an enclosure encloses a cargo loaded onto the load bearing structure ([0101]) and PCMs may be packed into the cargo container at various times ([0061]). Imbrecht teaches the enclosure may be made of container (800, Fig. 8, [0128]) having a base (812, Fig. 8, having a flat surface), four walls (801, 802, 803, 804, Fig. 8), and a top panel (816, Fig. 8, when the top is removed with the four walls and base still assembled, the structure anticipates the cage having an open end).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to place the PCM stack of Sawafta into the container of Imbrecht because Imbrecht teaches the advantage of using PCMs as being able to pack the PCM into the container for any temperature requirement needed at various times ([0061]). Sawafta also describes a method of cooling pallet or shipping container using the PCM described by Sawafta (Sawafta, [0105], [0106], [0107]), and Imbrecht teaches such pallet or shipping container.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to An Bach Phan whose telephone number is (571)272-7244. The examiner can normally be reached M-F, 7-3 ET.
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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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/A.B.P./Examiner, Art Unit 3763
/LEN TRAN/Supervisory Patent Examiner, Art Unit 3763