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 .
DETAILED ACTION
Claims 1-22 are pending.
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.
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Claims 1-22 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-22 of U.S. Patent No. 12314100, Claims 1-24 of US Patent No. 11194372 and claim 1-18 of U.S. Patent No.11789506. Although the claims at issue are not identical, they are not patentably distinct from each other because they contain similar subject matter according to table below. Only one claim is shown for illustrative purpose.
Instant Application
U.S. Patent No. 12314100
A solid state drive (SSD) comprising: a housing including a plurality of sides surrounding an interior region; and a temperature sensor, wherein the housing comprises: a first plurality of vents on a first side of the housing; and
a second plurality of vents on a second side of the housing, wherein the first side is different than the second side, wherein each vent in the first plurality of vents and the second plurality of vents is configured to receive a separate actuation signal to be opened and closed based on temperature data sensed by the temperature sensor.
1. A solid state drive (SSD) comprising: a housing including a plurality of sides surrounding an interior region; a temperature sensor; and at least one vent in the housing, the at least one vent comprising: an opening in the housing; a structure configured to impede a flow of gas into the interior region when in a closed position and to permit the flow of gas into the interior region when in an open position; a first plurality of vents on a first side of the housing; and a second plurality of vents on a second side of the housing, wherein the first side is different than the second side, wherein each vent in the first and second plurality of vents is configured to receive a separate actuation signal to be opened and closed based on temperature data sensed by the temperature sensor.
Instant Application
US Patent No. 11194372
A solid state drive (SSD) comprising: a housing including a plurality of sides surrounding an interior region; and a temperature sensor, wherein the housing comprises: a first plurality of vents on a first side of the housing; and
a second plurality of vents on a second side of the housing, wherein the first side is different than the second side, wherein each vent in the first plurality of vents and the second plurality of vents is configured to receive a separate actuation signal to be opened and closed based on temperature data sensed by the temperature sensor.
1.A solid state drive (SSD) comprising: a housing including a plurality of sides surrounding an interior region; a temperature sensor; and at least one vent in the housing, the at least one vent comprising a first plurality of vents on a first side of the housing and a second plurality of vents on a second side of the housing, wherein the first side is different than the second side, wherein the first and second plurality of vents are configured to be opened and closed based on temperature data sensed by the temperature sensor, and wherein the second side is positioned opposite the first side to: permit gas flow into the housing in via the first plurality of vents, permit gas flow across an interior region of the housing, and permit gas flow out of the housing via the second plurality of vents.
Instant Application
U.S. Patent No.11789506
A solid state drive (SSD) comprising: a housing including a plurality of sides surrounding an interior region; and a temperature sensor, wherein the housing comprises: a first plurality of vents on a first side of the housing; and
a second plurality of vents on a second side of the housing, wherein the first side is different than the second side, wherein each vent in the first plurality of vents and the second plurality of vents is configured to receive a separate actuation signal to be opened and closed based on temperature data sensed by the temperature sensor.
1.A solid state drive (SSD) comprising: a housing including a plurality of sides surrounding an interior region; a temperature sensor; and at least one vent in the housing, the at least one vent comprising: an opening in the housing; a structure configured to impede a flow of gas into the interior region when in a closed position and to permit the flow of gas into the interior region when in an open position, wherein the structure comprises: a door, and a door actuation mechanism selected from the group consisting of a roller mechanism and a slider mechanism; and a first plurality of vents on a first side of the housing and a second plurality of vents on a second side of the housing, wherein the first side is different than the second side, wherein the first and second plurality of vents are each individually configured to be opened and closed based on temperature data sensed by the temperature sensor.
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 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.
(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.
Claims 1-4, 6-22 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Vyshetsky et. al., U.S Patent No. 10146279 (hereinafter Vyshetsky).
Regarding Claim 1, Vyshetsky teaches a solid state drive (SSD)(Fig.1A) comprising: a housing (Fig.1) including a plurality of sides surrounding an interior region (C1L55-67 “In order to tightly regulate memory temperature in a storage system, a thermal chamber that houses the memory is configured within the chassis of the storage system” C2L1-5); and a temperature sensor (C11L24-42),
wherein the housing comprises: a first plurality of vents (Fig.1, 107A,107B; C5L15-65 “the memory chamber 101 45 may include a cooling system comprising a set of fans 107A to generate air flow through the memory chamber 101 in order to prevent the temperature of the memory chips from exceeding a maximum temperature”) on a first side of the housing; and a second plurality of vents on a second side of the housing, wherein the first side is different than the second side (Fig.1; C6L11-19, L54-65 “As shown in FIG. lA, the front panel include two sets of vents 111A, 111B for the digital chamber 103”), wherein each vent in the first plurality of vents and the second plurality of vents is configured to receive a separate actuation signal to be opened and closed based on temperature data sensed by the temperature sensor ( Fig.1; C1L45-67&C2L1-15,C7L1-15 “the vents 111A, 111B may be manually adjusted or automatically adjusted (e.g., using one or more 10 actuators coupled to the vents 111A, 111B) by the temperature regulating system.”).
Regarding claim 2, Vyshetsky teaches all the limitations of the base claims as outlined above.
Further, Vyshetsky teaches wherein the first plurality of vents is configured in two rows on the first side of the housing (Fig.1, 107, 111).
Regarding claim 4, Vyshetsky teaches all the limitations of the base claims as outlined above.
Further, Vyshetsky teaches a controller that is configured to: open at least one vent of the first plurality of vents and the second plurality of vents when a first temperature is reached in the housing; and close the at least one vent when a second temperature is reached in the housing, the first temperature being greater than the second temperature (C5L6-60, C6L34-53).
Regarding claim 4, Vyshetsky teaches all the limitations of the base claims as outlined above.
Further, Vyshetsky wherein the housing further comprises a structure configured to impede a flow of gas into the interior region when in a closed position and to permit the flow of gas into the interior region when in an open position (Fig.3A, 308; C10L35-67, C11L1-8).
Regarding claim 6, Vyshetsky teaches all the limitations of the base claims as outlined above.
Further, Vyshetsky teaches further comprising a printed circuit board (PCB) in the interior region, the PCB including a plurality of memory chips positioned thereon (C5L5-13).
Regarding claim 7, Vyshetsky teaches all the limitations of the base claims as outlined above.
Further, Vyshetsky teaches wherein the SSD comprises a drive having a form factor selected from the group consisting of 2.5 inch and 3.5 inch drive form factors (Fig.3A 306A).
Regarding claim 9, Vyshetsky teaches all the limitations of the base claims as outlined above.
Further, Vyshetsky teaches wherein the second temperature is 2°C to 4°C less than the first temperature (C8L1-24).
Regarding claim 10, Vyshetsky teaches all the limitations of the base claims as outlined above.
Further, Vyshetsky teaches wherein the structure is positioned in the interior region (Fig.3A, 306A).
Regarding claims 8,11-22, Vyshetsky teaches these claims according to the reasoning set forth in claim 1-10.
Allowable Subject Matter
Claims 5 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record , listed on form PTO-892, and not relied upon, if any, is considered pertinent to applicant's disclosure.
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TASNIMA . MATIN
Primary Examiner
Art Unit 2135
/TASNIMA MATIN/Primary Examiner, Art Unit 2135
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