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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the vertical pins and holes per claims 3 and 18 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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)(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(s) 1-6 and 16-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2022/0145611 A1 to Kuehmstedt.
Regarding claim 1, Kuehmstedt discloses a system comprising: a stacked enclosure (Fig.5) comprising multiple structural modules (20) arranged in a vertically oriented stack, each structural module disposed at a different vertical level (Fig.3, 4, 5), each structural module having a substantially same footprint (Fig.1), each structural module configured to house support equipment for a data center (all modules are capable of housing support equipment), and one or more interstitial layers (10) disposed between adjacent structural modules.
Regarding claim 2, wherein the support equipment comprises one or more fuel tanks, one or more power distribution centers (PDCs), one or more generators, and one or more chillers (the claim only requires that the modules are capable of housing equipment; the modules of Kuehmstedt are capable of housing generators, chillers, fuel tanks, etc.; houses equipment from energy conversion system).
Regarding claim 3, wherein at least some of the structural modules or interstitial layers comprises vertical pins (12, 13) arranged around a perimeter of a top or bottom surface of that structural module or interstitial layer, wherein the vertical pins are configured to be inserted into corresponding holes (Fig.3) on a bottom or top surface of an adjoining structural module or interstitial layer.
Regarding claim 4, wherein at least some of the structural modules are constructed with a truss frame (frames of stair sections, Fig.5).
Regarding claim 5, wherein the stacked enclosure further comprises one or more external passageways having at least one stairway (Fig.5) that extends between two or more of the structural modules (extends between and provides access from one module to a module above or below).
Regarding claim 6, further comprising: one or more conduits (19) extending between different ones of the structural modules and configured to carry one or more of: air, fuel, water, electricity, or data (Paragraph [0025]).
Regarding claim 16, Kuehmstedt discloses a system comprising: multiple stacked enclosures (Fig.5) arranged adjacent each other in a row, each stacked enclosure comprising: multiple structural modules (20, Fig.3, 4, 5) arranged in a vertically oriented stack, each structural module disposed at a different vertical level (Fig.3-5), each structural module having a substantially same footprint (Fig.1), each structural module configured to house support equipment for a data center (all modules are capable of housing support equipment); and one or more interstitial layers (10) disposed between adjacent structural modules.
Regarding claim 17, wherein the support equipment comprises one or more fuel tanks, one or more power distribution centers (PDCs), one or more generators, and one or more chillers (the claim only requires that the modules are capable of housing equipment; the modules of Kuehmstedt are capable of housing generators, chillers, fuel tanks, etc.; houses equipment from energy conversion system).
Regarding claim 18, wherein at least some of the structural modules or interstitial layers (10) comprises vertical pins (12, 13) arranged around a perimeter of a top or bottom surface of that structural module or interstitial layer, wherein the vertical pins are configured to be inserted into corresponding holes (Fig.3) on a bottom or top surface of an adjoining structural module or interstitial layer.
Regarding claim 19, wherein at least some of the structural modules are constructed with a truss frame (frames of stair sections, Fig.5).
Regarding claim 20, wherein at least one of the multiple stacked enclosures further comprises one or more external passageways (stairs, Fig.5) having at least one stairway that extends between two or more of the structural modules (extends between and provides access from one module to a module above or below).
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.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over
Regarding claim 7, Kuehmstedt discloses modules but does not specifically disclose wherein at least one of the structural modules has a height of at least 7 feet.
Containers, specifically ISO containers typically used for stacked enclosures have known heights, specifically a height of 8’6”. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have provided the modules of Kuehmstedt with a height of at least 7 feet since common iso containers are known to be greater than 7 feet and further to provide enough headspace for a user to move freely inside the modules as well as maximizing interior space for equipment.
Claim(s) 1-7 and 16-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2018/0109163 A1 to Paine et al. in view of US 2022/0145611 A1 to Kuehmstedt.
Regarding claim 1, Paine et al. disclose a system comprising: a stacked enclosure (Fig.10A) comprising multiple structural modules (Fig1) arranged in a vertically oriented stack, each structural module disposed at a different vertical level (Fig.10A), each structural module having a substantially same footprint (Fig.1), each structural module configured to house support equipment for a data center (all modules are capable of housing support equipment).
Paine et al. does not specifically disclose one or more interstitial layers disposed between adjacent structural modules.
Kuehmstedt discloses one or more interstitial layers (10) disposed between adjacent structural modules.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have provided interstitial layers as taught by Kuehmstedt between the vertically stacked modules of Paine so to provide sufficient heat dissipation of the stacked containers.
Regarding claim 2, Paine et al. disclose wherein the support equipment comprises one or more fuel tanks, one or more power distribution centers (PDCs), one or more generators, and one or more chillers (the claim only requires that the modules are capable of housing equipment; the modules of Paine and Kuehmstedt are capable of housing generators, chillers, fuel tanks, etc.).
Regarding claim 3, Paine and Kuehmstedt discloses wherein at least some of the structural modules or interstitial layers comprises vertical pins (244 and 12, 13) arranged around a perimeter of a top or bottom surface of that structural module or interstitial layer, wherein the vertical pins are configured to be inserted into corresponding holes (242 and Fig.3) on a bottom or top surface of an adjoining structural module or interstitial layer.
Regarding claim 4, Paine discloses wherein at least some of the structural modules are constructed with a truss frame (104, Fig.1).
Regarding claim 5, Paine discloses wherein the stacked enclosure further comprises one or more external passageways having at least one stairway that extends between two or more of the structural modules (104, Fig.1; Fig.5A, 10A).
Regarding claim 6, Paine discloses further comprising: one or more pipes, cables, or conduits (Paragraph [0027], ]0064], [0066], [0080], etc.) extending between different ones of the structural modules and configured to carry one or more of: air, fuel, water, electricity, or data (electricity is generated and distributed; baffles provide movement of air; fuel is moved throughout, etc.).
Regarding claim 7, Paine discloses wherein at least one of the structural modules has a height of at least 7 feet (Paragraph [0245]).
Regarding claim 16, Paine et al. disclose a system comprising: multiple stacked enclosures (Fig.10A) arranged adjacent each other in a row, each stacked enclosure comprising: multiple structural modules (Fig.10A) arranged in a vertically oriented stack, each structural module disposed at a different vertical level (Fig.10A), each structural module having a substantially same footprint (Fig.1 and 10A), each structural module configured to house support equipment for a data center (all modules are capable of housing support equipment).
Paine et al. does not specifically disclose one or more interstitial layers disposed between adjacent structural modules.
Kuehmstedt discloses one or more interstitial layers (10) disposed between adjacent structural modules.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have provided interstitial layers as taught by Kuehmstedt between the vertically stacked modules of Paine so to provide sufficient heat dissipation of the stacked containers.
Regarding claim 17, Paine in view of Kuehmstedt disclose wherein the support equipment comprises one or more fuel tanks, one or more power distribution centers (PDCs), one or more generators, and one or more chillers (the claim only requires that the modules are capable of housing equipment; the modules of Paine and Kuehmstedt are capable of housing generators, chillers, fuel tanks, etc.).
Regarding claim 18, Paine and Kuehmstedt discloses wherein at least some of the structural modules or interstitial layers comprises vertical pins (244 and 12, 13) arranged around a perimeter of a top or bottom surface of that structural module or interstitial layer, wherein the vertical pins are configured to be inserted into corresponding holes (242 and Fig.3) on a bottom or top surface of an adjoining structural module or interstitial layer.
Regarding claim 19, Paine discloses wherein at least some of the structural modules are constructed with a truss frame (104, Fig.1).
Regarding claim 20, Paine discloses wherein at least one of the multiple stacked enclosures further comprises one or more external passageways having at least one stairway that extends between two or more of the structural modules (104, Fig.1; Fig.5A, 10A).
Claim(s) 8-11 and 13-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2018/0109163 A1 to Paine et al. in view of US 2022/0145611 A1 to Kuehmstedt in view of US 2016/0057894 A1 to Chen.
Regarding claim 8, Paine discloses wherein the structural modules comprise a fuel storage module (130), a PDC module (102), a generator module (101).
Although Paine and Kuehmstedt disclose ways to cool some of the modules, they do not specifically disclose providing a cooling/chiller module.
Chen discloses providing a data center system with a cooling module (221).
It would have been obvious to one of ordinary skill in the art before the effective filing date of invention to have provided the system of Paine with a cooling module as taught by Chen so to ensure the modules of the system are maintained at the appropriate temperatures.
Regarding claim 9, Paine discloses wherein the fuel storage module includes a fuel tank (602) configured to hold fuel used to power at least one generator disposed in the generator module.
Regarding claim 10, Paine does not specifically disclose wherein the fuel tank has a capacity of at least 5,000 gallons and occupies substantially all of a horizontal cross section of the fuel storage module.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have provided the necessary size fuel tank to effectively fuel all necessary equipment parts and further to optimize the amount of the fuel module occupied by the tank.
Regarding claim 11, Paine discloses wherein the PDC module includes at least one uninterruptible power supply (UPS) module (Paragraph [0010]) and at least one battery (216, 716, 816, 916).
Regarding claim 13, Paine discloses wherein the generator module comprises at least one generator and at least one engine (200) configured to power the generator.
Regarding claim 14, Chen also discloses wherein the generator module further comprises a water storage tank (2212) and a pump (2213) package configured to power water from the water storage tank to the chiller module.
Regarding claim 15, Paine discloses wherein the modules disclose air intakes, but does not necessarily disclose the intakes on the floor layers.
Kuehmstedt discloses wherein the interstitial layers provide air flow and heat dissipation.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have provide the air intakes on the floor of the module of Paine so to engage the interstitial layers taught by Kuehmstedt so to provide sufficient airflow without the need to provide the air intake on the outer walls of the modules.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2018/0109163 A1 to Paine et al. in view of US 2022/0145611 A1 to Kuehmstedt in view of US 2016/0057894 A1 to Chen in view of US 2010/0302744 A1 to Englert et al.
Regarding claim 12, Paine does not specifically disclose wherein the PDC module comprises a raceway system embedded in a floor space of the PDC module, the raceway system configured to house at least one of: busway, cabling, or piping.
Englert et al. discloses providing a lower portion of the modules as a raceway system (102; Abstract) configured to house cabling (104, Fig.1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have provided framework in the lower portion of the modules to provide raceways to house cables so to ensure cables can be protected, easily accessed, and easily maneuverable into and out of the modules.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RYAN D KWIECINSKI whose telephone number is (571)272-5160. The examiner can normally be reached Monday - Thursday from 8:30 am to 4:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Mattei can be reached at (571) 272-3238. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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RDK
/RYAN D KWIECINSKI/Primary Examiner, Art Unit 3635
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