Ex Parte Best et al

Patent Trial and Appeal Board

Jun 6, 2018

13057881 (P.T.A.B. Jun. 6, 2018)

UNITED STA TES p A TENT AND TRADEMARK OFFICE
APPLICATION NO. FILING DATE
13/057,881 02/07/2011
22208 7590 06/08/2018
The Marbury Law Group, PLLC
11800 SUNRISE VALLEY DRIVE
15THFLOOR
RESTON, VA 20191
FIRST NAMED INVENTOR
Christiaan Scott Best
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
ATTORNEY DOCKET NO. CONFIRMATION NO.
34872-00lUS 6048
EXAMINER
ZERPHEY, CHRISTOPHER R
ART UNIT PAPER NUMBER
3744
NOTIFICATION DATE DELIVERY MODE
06/08/2018 ELECTRONIC
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.
Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
following e-mail address( es):
ptonotices@marburylaw.com
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte CHRISTIAAN SCOTT BEST and MARK GARNETT
Appeal2017-004861
Application 13/057,881
Technology Center 3700
Before LYNNE H. BROWNE, MICHELLE R. OSINSKI, and
ERIC C. JESCHKE, Administrative Patent Judges.
BROWNE, Administrative Patent Judge.
DECISION ON APPEAL
STATEMENT OF THE CASE
Appellants appeal under 35 U.S.C. § 134 from the rejections, under 35
U.S.C. § 103(a), of claims 17, 21, 23, 53-58, 60-62, 67, 68, 72, 73, 75, 76,
78, 81-84, and 91-93 as unpatentable over Attlesey (US 2007/0267741 Al,
pub. Nov. 22, 2007) and Knight (US 2007/0199340 Al, pub. Aug. 30, 2007)
and claims 70, 71, 77, and 87-90 as unpatentable over Attlesey, Knight, and
Campbell (US 2008/0002364 Al, pub. Jan. 3, 2008). We have jurisdiction
under 35 U.S.C. § 6(b).
We reverse.
Appeal2017-004861
Application 13/057,881
CLAIMED SUBJECT MATTER
Claims 17, 73, 78, and 83 are independent. Claim 17, reproduced
below with emphasis added, is illustrative of the claimed subject matter:
17. An apparatus for cooling a plurality of rack-mountable
servers containing heat generating electronic components, the
cooling apparatus comprising:
at least one tank defining an open interior volume and
having a coolant inlet for receiving a dielectric liquid coolant
within the open interior volume and having a coolant outlet for
allowing the dielectric liquid coolant to flow from the open
interior volume, the coolant inlet and the coolant outlet being
fluidly coupled to each other, wherein the at least one tank
comprises an open or openable top sized to receive at least one
row comprising a plurality of rack-mountable servers, each of at
least two of the plurality of rack-mountable servers in the at least
one row comprising a motherboard and heat producing
components mounted to the motherboard;
one or more mounting members positioned within the
interior volume and configured to mountably receive the
plurality of rack-mountable servers within the interior volume,
wherein the mounting members are configured to hold each of at
least two of the rack-mountable servers in the at least one row in
a horizontally stacked relationship with one another, with the
rack-mountable servers in a vertical orientation such that one of
the two smallest sides of the rack-mountable server faces upward
and the motherboard of the rack-mountable server is vertically
oriented, wherein at least two of the rack-mountable servers are
independently operable from one another, wherein each of at
least two of the rack-mountable servers is configured to connect
to a computer network;
a volume of dielectric coolant at least partially held in the
at least one tank; and
a multi-circuit fluid cooling apparatus,
wherein, when the vertically oriented rack-mountable
servers are mountably received in at least one row in the at least
one tank, at least a portion of at least two of the vertically
oriented rack-mountable servers being mountably received are
held in the at least one tank such that the vertically oriented rack-
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mountable servers are commonly at least partially submerged in
the volume of the dielectric liquid coolant in the at least one tank
for cooling the vertically oriented rack-mountable servers,
wherein, when the vertically oriented rack-mountable
servers are mountably received in the at least one tank and
commonly at least partially submerged in the volume of
dielectric liquid coolant in the at least one tank, the vertically
oriented rack-mountable servers are thermally coupled to a
remote heat exchanger via the external fluid circuit, wherein the
multi-circuit fluid cooling apparatus comprises:
a dielectric liquid cooling apparatus;
a secondary cooling apparatus comprising the
remote heat exchanger; and
a liquid-to-liquid or liquid-to-refrigerant heat
exchanger;
wherein the dielectric liquid cooling apparatus includes
one or more pumps, and a plurality of fluid velocity
augmentation devices in the volume of dielectric liquid coolant
in the at least one tank, wherein at least one of the pumps, the
coolant inlet, the coolant outlet, and the mounting members are
configured such that the at least one pump moves at least a
portion of the dielectric liquid coolant vertically across heat
producing components on the vertically oriented motherboard of
one of the vertically oriented rack-mountable servers in parallel
flow with dielectric liquid coolant moved vertically across heat
producing components on the vertically oriented motherboard of
at least one other of the vertically oriented rack-mountable
servers,
wherein each of at least two of the fluid velocity
augmentation devices is configured to increase upward fluid
velocity of flow of dielectric liquid coolant through the vertically
oriented rack-mountable servers or upwardly between adjacent
ones of the vertically oriented rack-mountable servers,
wherein the volume of dielectric liquid coolant comprises
at least one passage in the tank that is outside of the vertically
oriented rack-mountable servers, wherein, when the at least one
pump is operated to move the dielectric liquid coolant vertically
across the heat producing components on the vertically oriented
motherboards, a circuit is formed in which a first portion of
dielectric liquid coolant is moved vertically upward across the
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Application 13/057,881
heat producing components on the vertically oriented
motherboards and then downward outside of the rack mountable
servers in the at least one passage, while a second portion of the
dielectric liquid coolant flows out of the tank and through the
liquid-to-liquid or liquid-to-refrigerant heat exchanger,
wherein the liquid-to-liquid or liquid-to-refrigerant heat
exchanger is configured to transfer heat from the second portion
of dielectric liquid coolant in the circuit to liquid or refrigerant
moving in the secondary cooling apparatus,
wherein the secondary cooling apparatus is configured to
reject, by way of the remote heat exchanger, at least part of the
heat transferred from the second portion of the dielectric liquid
coolant,
wherein the vertically oriented rack-mountable servers are
mountable in the at least one tank such that, when the vertically
oriented rack-mountable servers are commonly at least partially
submerged in the volume of dielectric liquid coolant in the at
least one tank and the dielectric liquid coolant is moved within
the at least one tank, at least one of the vertically oriented rack-
mountable servers is independently vertically removable from
the volume of dielectric liquid coolant in which the at least two
vertically oriented rack-mountable servers are commonly at least
partially submerged and from the at least one tank through the
top of the tank while at least two of the other vertically oriented
rack-mountable servers in the at least one row remain commonly
at least partially submerged in the volume of dielectric liquid
coolant in the at least one tank and the dielectric liquid coolant
in the at least one tank continues to flow across heat producing
electronic components of the at least two other vertically oriented
rack-mountable servers remaining at least partially commonly
submerged in the at least one row.
DISCUSSION
Rejection Based on Attlesey and Knight
The Examiner finds that Attlesey and Knight disclose or suggest all of
the limitations of claims 17, 73, 78, and 83. See Final Act. 9--14. In
particular, the Examiner finds that Attlesey discloses "at least one passage in
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Application 13/057,881
the tank that is outside of the rack-mountable servers (throughout the figures
space is shown between the walls of the tank and the server structure 30)"
and that in Attlesey
a circuit is formed in which a first portion of the heated dielectric
liquid coolant is moved vertically upward across the heat
producing components and then downward outside of the rack
mountable servers in the at least one passage (as the entirety of
the liquid cannot simultaneously pass through the outlet, at least
some liquid must circulate within the container).
Id. at 12.
Appellants contend that Attlesey does not disclose such a circuit.
Appeal Br. 18-19. Specifically, Appellants argue that Attlesey fails to
disclose "a first portion of dielectric liquid coolant is moved vertically
upward across the heat producing components on the vertically oriented
motherboards and then downward outside of the rack mountable servers in
the at least one passage, while a second portion of the dielectric liquid
coolant flows out of the tank." Id. Noting that Attlesey "discloses pumping
the liquid from the warm upper area of the case through the discharge pipe,"
Appellants assert that "[ n ]othing in Attlesey teaches or suggests that the
opening in the discharge pipe would not be able to receive whatever moving
liquid was moving in the warm upper area, let alone that pumping would
cause a portion of the liquid to move downward in a passageway outside of
the rack-mountable servers." Id. at 19.
Responding to these arguments, the Examiner finds that
Attlesey explicitly teaches the first portion "cooling liquid flows
form the heat exchanger through a passageway 48 back into the
case near the bottom thereof where it is warmed by the heat-
generating electronics and components and rises back to the top
of the case and the cycle begins again" (p0078) and "the holes
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234 are in the top of the branches 232 to direct liquid upwardly"
(p0115).
Ans. 16-17. The Examiner further finds that "Attlesey explicitly teaches at
pO 115 that the flow is directed downwardly, where downward flow occurs in
passageway 132A." Id. at 17. However, the Examiner does not adequately
explain what portion of Attlesey's coolant moves vertically upward across
the heat producing components and then downwardly outside of the rack
mountable servers as required by claims 17, 73, 78, and 83. See Appeal Br.
48, 55, 59, 62 (Claims App.).
In paragraph 115, Attlesey describes direct impingement cooling
where a spray bar 230 is used to cool areas where there is significant heat.
See Attlesey i-f 115. Specifically, Attlesey states
The spray bar assembly 230 includes a central passageway 231
extending along the vertical channel 132A, and plurality of
branches or vents 232 that extend along the horizontal channels
134A-C (and at the bottom of the space 106). The branches 232
include holes 234 (FIG. 20) to direct cooled liquid directly onto
the components 124, 126, 127, 128, 130. The holes 234 are in
the top of the branches 232 to direct liquid upwardly. However,
holes could also be provided at the bottom of the branches to
direct[] liquid downwardly onto the components.
Id. (emphasis omitted). Although this paragraph provides support for the
Examiner's findings that Attlesey discloses coolant that moves upwardly and
coolant that moves downwardly, there is no indication in paragraph 115 that
the same portion of coolant moves vertically upward across the heat
producing components and downwardly outside of the rack mounted servers
as required by claims 17, 73, 78, and 83. See Appeal Br. 48, 55, 59, 62
(Claims App.). Thus, the Examiner's findings are insufficient to set forth a
prima facie case of obviousness.
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For this reason, we do not sustain the Examiner's decision rejecting
claims 17, 73, 78, 83, and their dependent claims 21, 23, 53-58, 60-62, 72,
75, 76, 81, 82, 84, and 91-93.
Rejection Based on Attlesey, Knight, and Campbell
The rejection of claims 70, 71, 77, and 87-90 relies upon the same
incomplete findings as the rejection discussed supra. Accordingly, we do
not sustain the Examiner's decision rejecting these claims for the same
reason.
DECISION
The Examiner's rejections of claims 17, 21, 23, 53-58, 60-62, 67, 68,
70-73, 75-78, 81-84, and 87-93 are REVERSED.
REVERSED
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