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 4, 14 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 pre-AIA the applicant regards as the invention.
Claims 3 and 14 recite the limitation of “wherein the one or more air grilles are disposed on opposing sides of the rack system to direct airflow”, wherein it is unclear what “on opposing sides” is referring to. Since the claim requires the possibility of only a single “the one” … “air grilles” , if only one air grill is required, it is unclear how a single grill would be “disposed on opposing sides of the rack system to direct airflow”. Since the metes and bounds of the limitation cannot be ascertained, the limitation is indefinite and the claim is rendered indefinite. For examination purposes, the phrase has been interpreted as -- wherein the one or more air grilles are disposed along a side of the rack system to direct airflow -- for clarity.
The remaining claims are rejected based on their dependency from a claim that has been rejected.
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) 1-2, 5-7, 10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mallia et al. US 2009/0056910 Al.
Re claim 1, Mallia et al. teach a cooling system, comprising: a rack system (30); a plurality of heat exchangers (70, 68, 36, 38) vertically arranged beneath the rack system, wherein a primary heat exchanger (38) of the plurality of heat exchangers is disposed adjacent to a front portion of the rack system, and a secondary heat exchanger (36) of the plurality of heat exchangers is disposed adjacent to a rear portion of the rack system (fig 4);
and a liquid distribution sub-system, comprising: one or more supply pipes (44) disposed between (noting that according to the Merriam-Webster dictionary, the plain meaning of ‘between’ is
in common to : shared by) the primary and secondary heat exchangers and configured to deliver a cooling fluid to the plurality of heat exchangers, wherein the cooling fluid is warmed by the plurality of heat exchangers (para 58);
one or more return pipes (46) configured to collect the warmed cooling fluid from the plurality of heat exchangers;
and a manifold coupled to at least one of the one or more supply pipes and the one or more return pipes, wherein the manifold is configured to distribute the cooling fluid throughout the rack system (front portion of 44, 46 is considered manifold due to the multiple distribution connections with 48).
Re claim 2, Mallia et al. teach wherein the one or more supply pipes and the one or more return pipes are arranged transversally and longitudinally relative to the rack system to provide support for vertical arrangement of the plurality of heat exchangers (figs 3-4).
Re claim 5, Mallia et al. teach wherein the primary heat exchanger of the plurality of heat exchangers includes an active heat exchanger comprising one or more fans (80) and a heat exchanger coil (see the rejection of claim 1, fig 4).
Re claim 6, Mallia et al. teach wherein the secondary heat exchanger of the plurality of heat exchangers includes a passive heat exchanger comprising a heat exchanger coil (see the rejection of claim 1, fig 4).
Re claim 7, Mallia et al. teach wherein the one or more fans of the primary heat exchanger are configured to face outward to direct airflow across the heat exchanger coil (fig 4).
Re claim 10, Mallia et al. teach wherein the rack system further comprises one or more air deflectors (34, 74, para 48) configured to direct air flow.
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.
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) 8-9, 11-12, 15-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mallia in view of CAMPBELL et al. US 2012/0024501 Al.
Re claim 8, Mallia fail to explicitly teach pumps.
CAMPBELL et al. teach further comprising one or more liquid pumps disposed within the rack system, the one or more liquid pumps configured to communicate with the plurality of heat exchangers (para 37) to pump fluid .
It would have been obvious to one of ordinary skill in the art at the time the invention was made to include pumps as taught by CAMPBELL et al. in the Mallia invention in order to advantageously allow for enhancing the chiller of the primary reference.
Re claim 9, CAMPBELL et al. teach wherein the one or more liquid pumps are configured to distribute the cooling fluid to the manifold within the rack system in the instant combination, see the rejection of claim 8).
Re claim 11, Mallia et al. teach a cooling system, comprising: a rack system; a plurality of heat exchangers vertically arranged beneath the rack system, wherein a primary heat exchanger of the plurality of heat exchangers is disposed adjacent to a front portion of the rack system, and a secondary heat exchanger of the plurality of heat exchangers is disposed adjacent to a rear portion of the rack system; and a liquid distribution sub-system, comprising: one or more supply pipes disposed between the primary and secondary heat exchangers and configured to deliver a cooling fluid to the plurality of heat exchangers, wherein the cooling fluid is warmed by the plurality of heat exchangers; one or more return pipes configured to collect the warmed cooling fluid from the plurality of heat exchangers; a manifold coupled to at least one of the one or more supply pipes and the one or more return pipes, wherein the manifold is configured to distribute the cooling fluid throughout the rack system (see the rejection of claim 1).
Mallia fail to explicitly teach pumps.
CAMPBELL et al. teach and one or more liquid pumps disposed within the rack system, the one or more liquid pumps configured to communicate with the plurality of heat exchangers (para 37) to pump fluid .
It would have been obvious to one of ordinary skill in the art at the time the invention was made to include pumps as taught by CAMPBELL et al. in the Mallia invention in order to advantageously allow for enhancing the chiller of the primary reference.
Re claim 12, Mallia et al. teach wherein the one or more supply pipes and the one or more return pipes are arranged transversally and longitudinally relative to the rack system to provide support for vertical arrangement of the plurality of heat exchangers (figs 3-4).
Re claim 15, Mallia et al. teach wherein the primary heat exchanger of the plurality of heat exchangers includes an active heat exchanger comprising one or more fans (80) and a heat exchanger coil (see the rejection of claim 1, fig 4).
Re claim 16, Mallia et al. teach wherein the secondary heat exchanger of the plurality of heat exchangers includes a passive heat exchanger comprising a heat exchanger coil (see the rejection of claim 1, fig 4).
Re claim 17, Mallia et al. teach wherein the one or more fans of the primary heat exchanger are configured to face outward to direct airflow across the heat exchanger coil (fig 4).
Re claim 18, Mallia et al. teach wherein the primary and secondary heat exchangers are connected to the manifold in a parallel configuration (fig 4 noting a parallel connection in the two branches to each heat exchanger from the manifold), such that the cooling fluid is distributed simultaneously to the primary and the secondary heat exchangers.
Additionally noting that for clarity, the recitation “the cooling fluid is distributed simultaneously to the primary and the secondary heat exchangers” has been considered a recitation of intended use. It has been held that the recitation with respect to the matter in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. See MPEP 2114. In the instant case, the prior art meets all of the structural limitations, and is therefore capable of performing the claimed recitations set forth above. Furthermore, the examiner notes that the inclusion of material or article worked upon by a structure being claimed does not impart patentability to the claims. See MPEP 2115. Finally, the intended fluid used in the apparatus to perform the intended function does not affect the patentability of the apparatus, since the apparatus is capable of using said intended fluid. See MPEP 2144.07.
Re claim 19, Mallia et al. teach wherein the primary and secondary heat exchangers are connected to the manifold in a series configuration (fig 3 in series 7, 50, x flow), such that the cooling fluid flows sequentially through the primary heat exchanger and then through the secondary heat exchanger.
Additionally noting that for clarity, the recitation “the cooling fluid flows sequentially through the primary heat exchanger and then through the secondary heat exchanger” has been considered a recitation of intended use. It has been held that the recitation with respect to the matter in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. See MPEP 2114. In the instant case, the prior art meets all of the structural limitations, and is therefore capable of performing the claimed recitations set forth above. Furthermore, the examiner notes that the inclusion of material or article worked upon by a structure being claimed does not impart patentability to the claims. See MPEP 2115. Finally, the intended fluid used in the apparatus to perform the intended function does not affect the patentability of the apparatus, since the apparatus is capable of using said intended fluid. See MPEP 2144.07.
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mallia in view of CAMPBELL et al. US 2012/0024501 Al and Ross US 10201116 B1.
Re claim 20, Mallia teach a monitoring system (paras 25-26) but Mallia, as modified, fail to explicitly teach a monitoring system.
Ross teach wherein the one or more supply pipes and the one or more return pipes each communicates with a monitoring system configured to regulate at least one of a liquid flow, pressure, or temperature (col 8 last para, col 9) to sense amount of heat transferred form air to fluid.
It would have been obvious to one of ordinary skill in the art at the time the invention was made to include a monitoring system configured to regulate at least one of a liquid flow as taught by Ross in the Mallia, as modified, invention in order to advantageously allow for controllable heat flow to increase power use efficiency (col 9).
Claim(s) 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mallia in view of CAMPBELL et al. US 2012/0024501 Al and Patel US 6628520 B2.
Re claim 13, Mallia teach wherein the rack system includes a raised floor portion (42, 54, 40, 16, annotated, noting portion is broad, and supports near the bottom of the entire rack are considered to be a part of a portion which enables the construction to a raised floor) configured to direct cold air to the front portion of the rack system and hot air from the rear portion of the rack system (noting 40 directs both air (D, E, A, fig 4) .
Mallia , as modified, fail to explicitly teach one or more air grilles.
Patel teach one or more air grilles (16a) to allow for humidity exchange from inside rack air with controlled environment air.
When combined, the instant combination teach wherein the rack system includes a raised floor portion configured to direct cold air to the front portion of the rack system and hot air from the rear portion of the rack system through one or more air grilles in the raised floor portion (noting that according to the Merriam-Webster dictionary, the plain meaning of ‘in’ is
—used as a function word to indicate inclusion, location, or position within limits; 16a in p[laced in the bottom portion of the cabinet of the primary reference ).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to include one or more air grilles as taught by Patel in the Mallia , as modified, invention in order to advantageously allow for humidity controls and an opening and closable air valve.
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Re claim 14, Mallia , as modified, teach wherein the one or more air grilles are disposed on opposing sides of the rack system to direct airflow (figs, see the rejection of claim 3).
Claim(s) 3-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mallia in view of Patel US 6628520 B2.
Re claim 3, Mallia teach wherein the rack system includes a raised floor portion (42, 54, 40, 16, annotated, noting portion is broad, and supports near the bottom of the entire rack are considered to be a part of a portion which enables the construction to a raised floor) configured to direct cold air to the front portion of the rack system and hot air from the rear portion of the rack system (noting 40 directs both air (D, E, A, fig 4) .
Mallia fail to explicitly teach one or more air grilles.
Patel teach one or more air grilles (16a) to allow for humidity exchange from inside rack air with controlled environment air.
When combined, the instant combination teach wherein the rack system includes a raised floor portion configured to direct cold air to the front portion of the rack system and hot air from the rear portion of the rack system through one or more air grilles in the raised floor portion (noting that according to the Merriam-Webster dictionary, the plain meaning of ‘in’ is
—used as a function word to indicate inclusion, location, or position within limits; 16a in p[laced in the bottom portion of the cabinet of the primary reference ).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to include one or more air grilles as taught by Patel in the Mallia invention in order to advantageously allow for humidity controls and an opening and closable air valve.
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Re claim 4, Mallia , as modified, teach wherein the one or more air grilles are disposed on opposing sides of the rack system to direct airflow (figs, see the rejection of claim 3).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 8427831 B2, US 7730731 B1, US 7690157 B, US 6819563 B1, US 5467609 A.
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/GORDON A JONES/Examiner, Art Unit 3763