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 .
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 § 2146 et seq. 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).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-10 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-10 of U.S. Patent No. 12,281,859 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Regarding claim 1, Claim 1 of U.S. Patent No. 12,281,859 B2 discloses, a immersed liquid cooling heat dissipation device comprising: a liquid cooling tank, wherein the liquid cooling tank comprises an oil tank inlet and an oil tank outlet ( per Col. 7, line 23-24), and a waste heat utilization device, wherein the waste heat utilization device comprises a cold oil outlet and a hot oil inlet (per Col. 7, line 26-30), wherein: the cold oil outlet is connected to the oil tank inlet, and cold cooling liquid flows out of the cold oil outlet and enters into the liquid cooling tank through the oil tank inlet (per Col. 7, line 31-34), and the hot oil inlet is connected to the oil tank outlet, and hot cooling liquid flows out of the oil tank outlet and reaches the waste heat utilization device through the hot oil inlet (per Col. 7 line 35-38).
Regarding claim 2, claim 1 of U.S. Patent No. 12,281,859 B2 discloses the claim limitations of claim 1 as noted above and claim 2 of U.S. Patent No. 12,281,859 B2 discloses the additional claim limitations of claim 2.
Regarding claim 3, claim 2 of U.S. Patent No. 12,281,859 B2 discloses the claim limitations of claim 2 as noted above and claims 1 and 3 of U.S. Patent No. 12,281,859 B2 disclose the additional claim limitations of claim 2.
Regarding claim 4, claim 3 of U.S. Patent No. 12,281,859 B2 discloses the claim limitations of claim 3 as noted above and claim 4 of U.S. Patent No. 12,281,859 B2 discloses the additional claim limitations of claim 4.
Regarding claim 5, claim 2 of U.S. Patent No. 12,281,859 B2 discloses the claim limitations of claim 2 as noted above and claims 1 and 5 of U.S. Patent No. 12,281,859 B2 disclose the additional claim limitations of claim 5.
Regarding claim 6, claim 5 of U.S. Patent No. 12,281,859 B2 discloses the claim limitations of claim 5 as noted above and claim 6 of U.S. Patent No. 12,281,859 B2 discloses the additional claim limitations of claim 6.
Regarding claim 7, claim 1 of U.S. Patent No. 12,281,859 B2 discloses the claim limitations of claim 1 as noted above and claims 1 and 7 of U.S. Patent No. 12,281,859 B2 disclose the additional claim limitations of claim 7.
Regarding claim 8, claim 1 of U.S. Patent No. 12,281,859 B2 discloses the claim limitations of claim 1 as noted above and claim 8 of U.S. Patent No. 12,281,859 B2 discloses the additional claim limitations of claim 8.
Regarding claim 9, claim 8 of U.S. Patent No. 12,281,859 B2 discloses the claim limitations of claim 8 as noted above and claim 9 of U.S. Patent No. 12,281,859 B2 discloses the additional claim limitations of claim 9.
Regarding claim 10, claim 8 of U.S. Patent No. 12,281,859 B2 discloses the claim limitations of claim 8 as noted above and claim 10 of U.S. Patent No. 12,281,859 B2 discloses the additional claim limitations of claim 10.
Allowable Subject Matter
Claims 11-13 are objected to as being dependent upon a rejected base claim but would be allowable if a terminal disclaimer was filed to overcome the double patenting rejection of claim 1 which is the only remaining rejection for claim 1 from which claims 11-13 depend.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Boukai et al. (US 2015/0280099 A1) is the closed prior art of record as noted in the parent application 18/005346 now U.S. Patent No. 12,281,859 B2.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HANS R. WEILAND whose telephone number is (571)272-9847. The examiner can normally be reached Monday-Thursday 6-3 EST and alternating Fridays.
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/HANS R WEILAND/Examiner, Art Unit 3763
/ERIC S RUPPERT/Primary Examiner, Art Unit 3763
