`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www.uspto.gov
`
`APPLICATION NO.
`
`
`
`
` FILING DATE
`
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`
`
`
`CONFIRMATIONNO.
`
`
`13/269,234
`
`10/07/2011
`
`André Sloth ERIKSEN
`
`10494.0003-01000
`
`1954
`
`FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER
`LLP
`901 NEW YORK AVENUE, NW
`WASHINGTON,DC 20001-4413
`
`DUKE, EMMANUEL E
`
`3784
`
`MAIL DATE
`
`03/13/2012
`
`DELIVERY MODE
`
`PAPER
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`PTOL-90A (Rev. 04/07)
`
`

`

`
`
`Office Action Summary
`
`Application No.
`
`Applicant(s)
`
`13/269,234
`
`Examiner
`
`ERIKSEN, ANDR LOTH
`FINNEGAN, HENDERSON,
`Art Unit
`
`EMMANUEL DUKE
`
`3784
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address--
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTH(S) OR THIRTY(30) DAYS,
`WHICHEVER IS LONGER, FROM THE MAILING DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a).
`In no event, however, may a reply be timely filed
`after SIX (6) MONTHS from the mailing date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Anyreply received by the Office later than three months after the mailing date of this communication, evenif timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
`
`1) Responsive to communication(s)filed on 01/30/2012.
`2a)L] This action is FINAL.
`2b) This action is non-final.
`3)L] An election was made bythe applicant in responseto a restriction requirement set forth during the interview on
`___; the restriction requirement and election have beenincorporated into this action.
`4)L] Sincethis application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Ex parte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`Disposition of Claims
`
`5)X] Claim(s) 1-20 is/are pending in the application.
`
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`
`6)L] Claim(s)
`is/are allowed.
`7) Claim(s) 1-20 is/are rejected.
`8)L] Claim(s)___is/are objected to.
`9)L] Claim(s) ____ are subjectto restriction and/or election requirement.
`
`Application Papers
`
`10)L] The specification is objected to by the Examiner.
`
`11) The drawing(s)filed on
`is/are: a)L_] accepted or b)_] objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121(d).
`12) The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PTO-152.
`
`Priority under 35 U.S.C. § 119
`
`Status
`
` U.S. Patent and Trademark Office
`
`13)[.] Acknowledgmentis made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`a)LJ All b)L] Some*c)L] None of:
`
`1.] Certified copies of the priority documents have been received.
`2.L] Certified copies of the priority documents have been received in Application No.
`3.L] Copiesof the certified copies of the priority documents have been received in this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`* See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`1) X Notice of References Cited (PTO-892)
`2) L] Notice of Draftsperson’s Patent Drawing Review (PTO-948)
`3) [] Information Disclosure Statement(s) (PTO/SB/08)
`Paper No(s)/Mail Date
`.
`
`4) Cc] Interview Summary (PTO-413)
`Paper No(s)/Mail Date. __
`5) L] Notice ofInformal Patent Application
`6) C Other:
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`PTOL-326 (Rev. 03-11)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20120308
`
`
`
`

`

`Application/Control Number: 13/269,234
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`Art Unit: 3784
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`Page 2
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`DETAILED ACTION
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`Examiner’s Comments
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`1.
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`For applicant’s information, a personal interview under 37 C.F.R. § 1.138(b) was
`
`never requested nor such granted. As stated on page 2 of the remarks sheet; on
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`Wednesday, January 25, 2012, the Examiner received a phone call from a
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`representative of Applicant, Mr. Biju Chandran, pointing out that cited Eriksen '310 cited
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`reference doesnot qualified as a prior art, and in response the Examiner requestedthat
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`these argument be presented in a written responseto Office Action. Therefore, the
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`Applicant’s argument that a personal interview under 37 C.F.R. § 1.138(b) was
`
`conductedis notcorrect.
`
`Claim Rejections - 35 USC § 102
`
`2.
`
`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that
`
`form the basis for the rejections underthis section madein this Office action:
`
`A personshall be entitled to a patent unless —
`
`(b) the invention was patented or described in a printed publication in this or a foreign country or in public
`use or on Sale in this country, more than one year prior to the date of application for patent in the United
`States.
`
`Claims 1- 4, 6-9 and 11-16 are rejected under 35 U.S.C. 102(b) as being
`
`anticipated by Tomioka (U.S. PG Pub No.: 2005/0069432 A1), hereinafter referred to
`
`as Tomioka ‘432.
`
`

`

`Application/Control Number: 13/269,234
`
`Art Unit: 3784
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`Page 3
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`Regarding claim 1, Tomioka ‘432 discloses a cooling system (Fig. 6: [0006-
`
`0007]) for a heat-generating component 33 [0031], comprising: a double-sided chassis
`
`111 [0053 - 0054] adapted to mount a pump 60 configured to circulate a cooling liquid
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`[0036], the pump comprising a stator 120 [0039] and an impeller 101a, the impeller
`
`being positioned in a recess 76 (as shownin Fig. 7: [0043]) on the undersideof the
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`chassis and the stator being positioned on the upperside of the chassis and isolated
`
`from the cooling liquid; a reservoir 90 [0044] adapted to pass the cooling liquid
`
`therethrough, the reservoir including: a pump chamber77 [0043] formed by the recess
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`and at least an impeller cover 70 having one or more passages 82, 83 [0043] for the
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`cooling liquid to pass through; (Fig. 5: [0040-0041], wherein a housing recess portion 71
`
`constitutes a thermal exchange chamber), the pump chamber and the thermal
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`exchange chamberbeing separate chambersthatare fluidly coupled together by the
`
`one or more passages (as shownin Fig. 6-7); and a heat-exchanging interface 72
`
`([0040-0041], wherein a bottom wall constitutes a heat-exchangerinterface), the heat-
`
`exchanging interface forming a boundary wall [0040] of the thermal exchange chamber
`
`(as shownin Fig. 5), and configured to be placed in thermal contact with a surface 35 of
`
`the heat-generating component[0041]; and a heat radiator 40 [0065] andfluidly coupled
`
`to the reservoir and configured to dissipate heat from the cooling liquid (Fig. 2-3: [0067-
`
`0068)).
`
`Regarding claim 2, Tomioka ‘432 discloses the cooling system of claim 1,
`
`wherein the chassis shields the stator from the cooling liquid in the reservoir (as shown
`
`in Fig. 6: [0054-0055], wherein the stator 120 is shielded from the cooling liquid within
`
`the 72 byfirst cover 111).
`
`Regarding claim 3, Tomioka ‘432 discloses the cooling system of claim 1,
`
`wherein the heat-exchanging interface includesa first side ([0040], wherein an inner
`
`surface of the bottom wall 72 constitutes a first side) and a second side 72a [0041]
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`opposite the first side, and wherein the heat- exchanging interface contacts the cooling
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`liquid in the thermal exchange chamberon thefirst side and the heat-exchanging
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`

`

`Application/Control Number: 13/269,234
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`Art Unit: 3784
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`Page 4
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`interface is configured to be in thermal contact with the surface of the heat-generating
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`component on the second side (as shownin Fig. 5).
`
`Regarding claim 4, Tomioka ‘432 discloses the cooling system of claim 3,
`
`wherein the first side of the heat-exchanging interface includes features that are
`
`adapted to increase heattransfer from the heat-exchanging interface to the cooling
`
`liquid in the thermal exchange chamber. Applicant should note it has been held that the
`
`recitation that an element is “adapted to” performing a function is not positive limitation
`
`but only requires the ability to so perform. It does not constitute a limitation in any
`
`patentable sense. In re Hutchison, 69 USPQ 138.
`
`Regarding claim 6, Tomioka ‘432 discloses the cooling system of claim 1,
`
`wherein the impeller is positioned in the pump chamber (as shownin Fig. 7).
`
`Regarding claim 7, Tomioka ‘432 discloses the cooling system of claim 1,
`
`wherein a passage of the one or more passagesthatfluidly couple the pump chamber
`
`and the thermal exchange chamberis offset from a center (as shownin Fig. 7 [0051)) of
`
`the impeller.
`
`Regarding claim 8, Tomioka ‘432 discloses the cooling system of claim 1,
`
`wherein the impeller includes a plurality of curved blades 101b [0052].
`
`Regarding claim 9, Tomioka ‘432 discloses the cooling system of claim 1,
`
`wherein the pump chamber and the thermal exchange chamber are spaced apart in a
`
`vertical direction (as shownin Fig. 6 and 7)
`
`Regarding claim 11, Tomioka ‘432 discloses the cooling system of claim 1,
`
`wherein the heat radiator is fluidly coupled to the reservoir using flexible conduits 51, 52
`
`[0036-0037], and the heat radiator is configured to be positioned remote from the
`
`reservoir (as shownin Fig. 2).
`
`

`

`Application/Control Number: 13/269,234
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`Art Unit: 3784
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`Page 5
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`Regarding claim 12, Tomioka ‘432 discloses a cooling system (Fig. 6: [0006-
`
`0007]) for a computer system (Fig. 1: [0022]), comprising: a centrifugal pump 60
`
`adapted to circulate a cooling liquid [0036], the pump including: an impeller 101a [0039]
`
`exposedto the cooling liquid; and a stator 120 isolated from the cooling liquid (as shown
`
`in Fig. 6: [0054-0055], wherein the stator is isolated from the cooling liquid by first cover
`
`111); a reservoir 90 [0044] configured to be thermally coupled to a heat-generating
`
`component 33 [0031] of the computer system, the reservoir including: a thermal
`
`exchange chamber (Fig. 5: [0040-0041], wherein a housing recessportion 71
`
`constitutes a thermal exchange chamber) adapted to be positioned in thermal contact
`
`with the heat-generating component; a separate pump chamber 77 [0043] vertically
`
`spaced part from the thermal exchange chamber and coupled with the thermal
`
`exchange chamberthrough one or more passages 82, 83 [0043] configured for fluid
`
`communication between the pump chamber and the thermal exchange chamber, and
`
`wherein at least one of the one or more passagesis offset from a center (as shownin
`
`Fig. 7 [0051]) of the impeller.
`
`Regarding claim 13, Tomioka ‘432 discloses the cooling system of claim 12,
`
`wherein a top wall 111 (as shownin Fig. 6: [0054-0055) of the reservoir physically
`
`separates the impeller from the stator.
`
`Regarding claim 14, Tomioka ‘432 discloses the cooling system of claim 12,
`
`wherein the thermal exchange chamberincludes a heat-exchange interface 72 ([0040-
`
`0041], wherein a bottom wall constitutes a heat-exchangerinterface) configured to be
`
`placed in thermal contact with the heat-generating component.
`
`Regarding claim 15, Tomioka ‘432 discloses the cooling system of claim 12,
`
`further including a heat radiator 40 [0065]fluidly coupled to the reservoir using flexible
`
`conduits 51, 52 [0036-0037], wherein the heat radiator is configured to be positioned
`
`remote from the reservoir (as shownin Fig. 2).
`
`

`

`Application/Control Number: 13/269,234
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`Art Unit: 3784
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`Page 6
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`Regarding claim 16, Tomioka ‘432 discloses the cooling system of claim 12,
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`wherein the fluid passage thatis offset from the center of the impeller is positioned
`
`tangentially to the circumference of the impeller (as shownin Fig. 6 and 7).
`
`Claim Rejections - 35 USC § 103
`
`3.
`
`The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all
`
`obviousnessrejections setforth in this Office action:
`
`(a) A patent may not be obtained though the invention is not identically disclosed or described as set
`forth in section 102 of thistitle, if the differences between the subject matter sought to be patented and
`the prior art are such that the subject matter as a whole would have been obviousat the time the
`invention was made to a person having ordinary skill in the art to which said subject matter pertains.
`Patentability shall not be negatived by the manner in which the invention was made.
`
`Claim 5 is rejected under 35 U.S.C. 103(a) as being unpatentable
`
`over Tomioka ‘432, in view of Lee et al. (U.S. PG Pub No.: 2005/0069432 A1),
`
`hereinafter referred to as Lee et al. ‘432.
`
`Regarding claim 5, Tomioka ‘432 discloses the cooling system of claim 4, except
`
`the limitation of wherein the features include at least one of pins or fins.
`
`Lee et al. ‘432 teach: the heat-exchanging interface 11 (Fig.3: [0015]) features
`
`includesat least one of pins or fins 18 (Fig. 2: [0017]). Therefore, it would have been
`
`obvious to one having ordinary skill in the art at the time the invention was made to
`
`modify the Tomioka ‘432 heat-exchanging interface to include the useoffins as taught
`
`by Lee etal. ‘432, in order to provide channels and increase flow surface area for the
`
`flow of the liquid (Lee et al. ‘432 - [0017] and [0019}).
`
`

`

`Application/Control Number: 13/269,234
`
`Art Unit: 3784
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`Page 7
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`Claims 10, 17, 18 and 20 are rejected under 35 U.S.C. 103(a) as
`
`being unpatentable over Tomioka ‘432, in view of Batchelder (U.S. Patent
`
`No.: 6,019,165), hereinafter referred to as Batchelder ‘165.
`
`Regarding claim 10, Tomioka ‘432 discloses the cooling system of claim 1,
`
`exceptthe limitation of wherein the heat-exchanging interface includes one of copper
`
`and aluminum.
`
`Batchelder‘165 teaches: that the heat-exchanging interface one of copper and
`
`aluminum (Col. 7, lines 4-22). Therefore, it would have been obvious to one having
`
`ordinary skill in the art at the time the invention was made to modify the Tomioka ‘432
`
`heat-exchanging interface to include the use of one of copper and aluminum as taught
`
`by Batchelder ‘165, in order to facilitate increase in thermal conductivity (Batchelder
`
`‘165 - (Col. 7, lines 4-22).
`
`Regarding claim 17, Tomioka ‘432 discloses a cooling system (Fig. 6: [0006-
`
`0007]) for a heat-generating component 33 [0031], comprising: a pump 60 adaptedto
`
`circulate a cooling liquid [0036], the pump including: an impeller exposed to the cooling
`
`liquid; and a stator isolated from the cooling liquid; a reservoir 90 [0044] including an
`
`impeller cover 70, a heat exchange interface 72 ([0040-0041], wherein a bottom wall
`
`constitutes a heat-exchangerinterface), wherein a top wall 111 [0053 - 0054] of the
`
`reservoir and the impeller cover define a pump chamber 77 [0043] for housing the
`
`impeller, and the intermediate member and the heat exchangeinterface define a
`
`thermal exchange chamber (Fig. 5: [0040-0041], wherein a housing recessportion 71
`
`constitutes a thermal exchange chamber), the pump chamber and the thermal
`
`exchange chamberbeing spaced apart from each otherin a vertical direction andfluidly
`
`coupled together (as shownin Fig. 5); and whereinafirst side of the heat-exchanging
`
`interface is in contact with a cooling liquid in the thermal exchange chamber and a
`
`second side of the heat- exchanging interface opposite the first side is configured to be
`
`

`

`Application/Control Number: 13/269,234
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`Art Unit: 3784
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`Page 8
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`placed in thermal contact with a surface of the heat-generating component; andaliquid-
`
`to-air heat exchangerfluidly coupled to the reservoir using flexible conduits 51, 52
`
`[0036-0037], the heat exchanger being configured to be positioned remote from the
`
`reservoir. However, Tomioka ‘432 does not disclose the limitation of an intermediate
`
`member.
`
`Batchelder ‘165 teaches: that the pump unit includes an intermediate member
`
`206(Fig. 7: Col 7, lines 36-39). Therefore, it would have been obvious to one having
`
`ordinary skill in the art at the time the invention was made to modify the Tomioka ‘432
`
`pump unit to include the use of an intermediate memberas taught by Batchelder “165,
`
`in orderto facilitate radially flow of the liquid away from the impeller (Batchelder ‘165 -
`
`Col. 7, lines 60-67).
`
`Regarding claim 18, the combination of Tomioka ‘432 and Batchelder ‘165
`
`disclose and teach the cooling system of claim 17; Tomioka ‘432 discloses wherein the
`
`impeller cover includesa first opening 82 [0043] radially offset from a center (as shown
`
`in Fig. 7 [0051]) of the impeller and the intermediate memberincludes a second
`
`passage 83 [0043] that is aligned with the first opening, the first and the second opening
`
`being configured to direct the cooling liquid from the pump chamberinto the thermal
`
`exchange chamber.
`
`Regarding claim 20, the combination of Tomioka ‘432 and Batchelder ‘165
`
`disclose and teach the cooling system of claim 17; Tomioka ‘432 discloses wherein the
`
`top wall of the reservoir extends betweenthe stator and the impeller and shields the
`
`stator from the cooling liquid (as shown in Fig. 6: [0054-0055], wherein the stator 120 is
`
`shielded from the cooling liquid by top wall 111) in the reservoir.
`
`

`

`Application/Control Number: 13/269,234
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`Art Unit: 3784
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`Page 9
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`Claim 19 is rejected under 35 U.S.C. 103(a) as being
`
`unpatentable over Tomioka ‘432 and Batchelder ‘165 as applied to claim
`
`17, in view of Lee et al. ‘432.
`
`Regarding claim 19, the combination of Tomioka ‘432 and Batchelder ‘165
`
`discloses the cooling system of claim 17, except the limitation of wherein the features
`
`include at least one ofpins or fins.
`
`Lee et al. ‘432 teach: the heat-exchanging interface 11 (Fig.3: [0015]) features
`
`includesat least one of pins or fins 18 (Fig. 2: [0017]). Therefore, it would have been
`
`obvious to one having ordinary skill in the art at the time the invention was made to
`
`modify the Tomioka ‘432 and Batchelder ‘165 heat-exchanging interface to include the
`
`use of fins as taught by Leeetal. ‘432, in order to provide channels and increase flow
`
`surface area for the flow of the liquid (Lee et al. ‘432 - [0017] and [0019)).
`
`Responseto Arguments
`
`4.
`
`Applicant’s arguments, see Remarks Sheet, pages 2-3, filed 01/30/2012, with
`
`respectto the rejection(s) of claim(s) 1-20 under 35 U.S.C. 102(b) as being anticipated
`
`by Eriksen '310 have beenfully considered and are persuasive. Therefore, the rejection
`
`has been withdrawn. However, upon further consideration, a new ground(s) of rejection
`
`is made over Tomioka ‘432 in view of Batchelder ‘165 as set forth above.
`
`Conclusion
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`5.
`
`Anyinquiry concerning this communication or earlier communications from the
`
`examiner should be directed to EMMANUEL DUKE whosetelephone number is
`
`

`

`Application/Control Number: 13/269,234
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`Art Unit: 3784
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`Page 10
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`(571)270-5290. The examiner can normally be reached on Monday- Friday; 8:00am -
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`5:00pm EST.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`supervisor, Cheryl Tyler or Frantz Jules can be reached on 571-272-4834 or 571-272-
`
`6681. The fax phone numberfor the organization wherethis application or proceeding
`
`is assigned is 571-273-8300.
`
`Information regarding the status of an application may be obtained from the
`
`Patent Application Information Retrieval (PAIR) system. Status information for
`
`published applications may be obtained from either Private PAIR or Public PAIR.
`
`Status information for unpublished applications is available through Private PAIR only.
`
`For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
`
`you have questions on accessto the Private PAIR system, contact the Electronic
`
`Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a
`
`USPTO Customer Service Representative or access to the automatedinformation
`
`system, call 800-786-9199 (IN USA OR CANADA)or 571-272-1000.
`
`/Frantz F. Jules/
`Supervisory Patent Examiner, Art Unit 3784
`
`/EMMANUEL DUKE/
`Examiner, Art Unit 3784
`03/07/2012
`
`