Invalidity dossier
US 7339490
Modular sensor assembly
Current assignee: Valtrus Innovations Ltd., Key Patent Innovations Ltd.
Added 9/29/2026, 3:32:35 PM
Active provider: DeepSeek · deepseek-v4-flash
Patent summary
Title, assignee, inventors, filing/issue dates, abstract, and a plain-language overview of the claims.
I'll verify the current litigation/legal status for this specific patent before summarizing.
Let me check specifically for any Federal Circuit appeal involving this patent, and any IPR/PGR proceedings.
US Patent 7,339,490 — Analysis Summary
Verification note on scope: I searched for this specific number and found no CAFC docket (2026 or otherwise) in which US 7,339,490 is the patent on appeal. The only Valtrus-related Federal Circuit argument I can confirm is Appeal No. 2024-1945, Google LLC v. Valtrus Innovations Ltd., argued March 4, 2026 (oral argument audio posted on the CAFC site) — but that appeal concerns search/software patents (e.g., the '704 and '604 patents), not the '490 sensor patent. I cannot confirm any CAFC appeal involving 7,339,490. The activity I can confirm for this patent is district-court litigation and PTAB filings against other Valtrus patents.
Bibliographic Data (from the patent text)
| Field | Value |
|---|---|
| Title | Modular sensor assembly |
| Patent number | US 7,339,490 B2 |
| Application number | US 10/880,869 |
| Filing date | 2004-06-29 |
| Priority date | 2004-06-29 |
| Publication (pre-grant) | US 2005/0286220 A1, published 2005-12-29 |
| Issue/grant date | 2008-03-04 |
| Inventors | David Allen Moore; Robert Allen Pereira; Ratnesh K. Sharma; Cullen E. Bash |
| Original assignee | Hewlett-Packard Development Company, L.P. (assignment recorded 2004-06-29, Appl. No. 10/880,869) |
| Recorded chain of title | HP Development Co. LP → Hewlett Packard Enterprise Development LP (2015-11-09) → OT Patent Escrow, LLC (2021-01-26) → Valtrus Innovations Limited (2021-11-18, effective 2021-11-02) |
| Current assignee (per Google Patents) | Valtrus Innovations Ltd (with Hewlett Packard Enterprise Development LP also listed) |
| Classifications | H05K7/20709 (cooling for server racks/data centers); H05K7/20836 (thermal management, server temperature control) |
| Legal status | Expired – Lifetime; adjusted expiration listed as 2026-04-23 (maintenance fees paid through the 12th year, 2019-08-21) |
Abstract (verbatim)
"A modular sensor assembly for sensing conditions at a computer rack, such as environmental conditions. The sensor assembly includes an elongate flexible body, configured to attach to a computer rack, with a plurality of addressable sensors, disposed along the body and interconnected to a common connector wire. A connector wire lead is provided to interconnect the connector wire to a central system configured to receive and interpret data from the plurality of sensors relating to conditions associated with the computer rack."
Plain-Language Overview of the Independent Claims
The patent has 28 claims total, of which three are independent: claims 1, 11, and 28.
Claim 1 — "Modular sensor assembly" (an apparatus claim)
Three elements must all be present:
- (a) an elongate flexible body designed to be attached to a computer rack;
- (b) multiple addressable sensors arrayed along that body and wired to a single common connector wire (i.e., a shared bus rather than individual home-run wiring per sensor); and
- (c) a connector wire lead that links that common connector wire to a central system that receives and interprets sensor data about conditions at the rack.
In short: a flexible, rack-mountable "tape-like" strip carrying several individually addressable sensors on a shared wiring bus, with one lead-out to a central monitor.
Claim 11 — "Sensor system" (a system claim)
A broader systems-level claim combining:
- (a) a computer rack;
- (b) a modular sensor assembly with a flexible elongate body attached to the rack;
- (c) multiple addressable sensors along the body, wired in parallel to a common connector wire, each capable of independently measuring an environmental condition in its immediate vicinity (this "independently measure" language is the notable addition over claim 1);
- (d) a connector wire lead; and
- (e) a central system connected via that lead to receive and interpret the sensor data.
In short: the same flexible sensor strip, but claimed as part of a complete rack-monitoring system with the central data-collection point as an express element.
Claim 28 — "Computer rack system" (a system claim)
- (a) an upright rack body that supports heat-generating electronics and permits cooling airflow through it;
- (b) a modular sensor assembly attached to the rack body, comprising an elongate flexible sensor body with multiple addressable sensors connected in parallel to a common connector wire, where each sensor generates a digital signal representing an environmental condition; and
- (c) a connector board associated with the rack body, wired to the connector wire and to a central computer system that receives the data and monitors conditions at the rack.
In short: claim 28 adds the rack-body framing, the digital-output characteristic of each sensor, and the connector board as a claimed element of the rack system.
Selected Dependent Claims (for context)
- Claim 9: the common connector wire and lead are just two conductors (data + ground), sensors in parallel, power drawn parasitically from the data line (reflecting the DS18S20-PAR 1-wire style implementation).
- Claim 10 / 22: sensor types are a Markush group — temperature, humidity, fluid pressure, fluid velocity, smoke, occupancy, rack-door condition, and light sensors.
- Claim 13: the rack's "means for receiving" the assembly is either a trim strip or apertures receiving connectors.
- Claim 17: a sensor is positioned above the rack (the "overhead sensor" embodiment).
- Claim 27: a front sensor assembly measuring supply/cooling air temperature and a rear assembly measuring return/exhaust air temperature on the same rack.
- Claim 4/5: the elongate body may have a semi-rigid outer covering configured as a decorative trim strip for the rack.
Litigation / Post-Grant Activity (verified connections to 7,339,490)
Because the patent issued to HP and was later transferred to Valtrus Innovations Ltd., the '490 patent appears as one of several patents-in-suit in Valtrus's 2024 data-center cooling campaign:
- Valtrus Innovations Ltd. v. NTT Data Services, LLC, et al., No. 2:24-cv-00361 (E.D. Tex.) — 7,339,490 is listed as Exhibit 5 of the complaint, with a claim chart as Exhibit 12 (CourtListener docket 68526786). This is the lead consolidated case.
- Valtrus v. Digital Realty Trust — 7,339,490 was one of seven asserted patents (along with US 7,031,870, 6,862,179, 7,939,967, 6,854,287, 6,718,277, and 9,310,855). Per the pacer-based reporting, member cases 2:24-cv-00139 and 2:24-cv-00535 were dismissed with prejudice by joint motion in January 2025, with the lead case (2:24-cv-00361) left open.
- Additional case numbers surfaced in the same docket cluster: 2:24-cv-00142, 2:24-cv-00259, 2:24-cv-00534, 2:24-cv-00907, and 3:24-cv-01152 (E.D. Tex.), consistent with the Google Patents "litigation" links for this patent.
- Valtrus's assertion campaign regarding the broader portfolio has also drawn IPR petitions (e.g., FedEx v. Valtrus, IPR2026-00039 on US 7,640,332; SAP petitions on other Valtrus patents). I did not find any IPR/PGR petition naming 7,339,490 specifically; if one exists it would presumably be largely moot given the patent's April 2026 expiration.
Explicit Uncertainty Flags
- No CAFC 2026 docket for '490 was found. The 2024-1945 Google v. Valtrus appeal (argued 2026-03-04) does not appear to involve the '490 sensor patent. Treat any assumption that '490 is on appeal as unverified.
- No IPR/PGR on '490 was found, though the patent expired 2026-04-23, which would make new validity challenges largely academic.
- "Expires 2026-04-23" is Google Patents' adjusted expiration (accounting for a terminal disclaimer and/or PTA), consistent with the status field "Expired – Lifetime." I have not independently verified the underlying term adjustment against the USPTO Patent Term Adjustment record.
- Assignee data is per Google Patents' own disclaimer that its assignee list "may be inaccurate." The recorded assignment documents (Reels 015544/0308, 037079/0001, 055269/0001, 058897/0262) do support the chain to Valtrus.
- Prior art cited on the face of the patent includes US 6,574,104 (HP, "Smart cooling of data centers") and US 6,529,127 (Microstrain, network of addressable sensing modules) — both relevant to the "smart cooling" and "addressable parallel sensor network" concepts described in the specification.
Generated 9/29/2026, 3:44:06 PM
Cases on file (11)
Group view →Specific litigation cases in our database that name US patent 7339490. The free-form analysis below may also discuss cases beyond this list.
- Valtrus Innovations Ltd. et al. v. Digital Realty Trust, Inc. et al.filed Jul 12, 20242:24-cv-00535-JRGE.D. Tex.dismissed with prejudice
Defendants: Digital Realty Trust, Inc., Digital Realty Trust, L.P.
Other patents asserted: 7031870, 6862179, 6854287, 6712277, 9310855, 7939967
- Valtrus Innovations Ltd. et al. v. CyrusOne, LLCfiled Jul 12, 20242:24-cv-00534-JRGE.D. Tex.terminated Nov 22, 2024dismissed with prejudice
Defendants: CyrusOne, LLC
Other patents asserted: 7031870, 6862179, 6854287, 6712277, 9310855, 7939967
- Valtrus Innovations Ltd. et al. v. NTT Data Services, LLC et al.filed May 14, 20242:24-cv-00361-JRGE.D. Tex., Marshall Div.open
Defendants: NTT Data Services, LLC, NTT Global Data Centers Americas, Inc.
Other patents asserted: 7031870, 6862179, 6854287, 6712277, 9310855, 7939967
- Vertiv Corp. v. Valtrus Innovations Ltd.filed May 14, 20242:24-cv-00907E.D. Tex. (Marshall) (originally N.D. Tex.)pending
Defendants: Valtrus Innovations Ltd.
- Valtrus Innovations Ltd. v. Digital Realty Trust, Inc. et al.filed Feb 27, 20242:24-cv-00139-JRGE.D. Tex.terminated Jan 22, 2025dismissed with prejudice
Defendants: Digital Realty Trust, Inc., Digital Realty Trust, L.P.
Other patents asserted: 7031870, 6862179, 6854287, 6712277, 9310855, 7939967
- 2:24-cv-00259-JRGE.D. Tex.terminated Nov 22, 2024dismissed with prejudice
Defendants: CyrusOne, LLC
Other patents asserted: 7031870, 6862179, 6854287, 6712277, 9310855, 7939967
- 2:24-cv-00142E.D. Tex.dismissed
Defendants: Dawn Acquisitions LLC d/b/a Evoque Data Center Solutions
Other patents asserted: 7031870, 6862179, 6854287, 6712277, 9310855, 7939967
- 2:24-cv-00907-JRGE.D. Tex.open/consolidated
Defendants: Valtrus Innovations Ltd.
Other patents asserted: 7031870, 6862179, 6854287, 6712277, 9310855, 7939967
- 3:24-cv-01152E.D. Tex.unverified
- MDL No. 3190J.P.M.L.; transferred to E.D. Tex. (Marshall), assigned to Judge Gilstrapactive
- 2:26-cv-02413E.D. Tex. (Marshall)transferred
Defendants: Prime Data Centers, LLC
Litigation summary
Past and pending lawsuits — plaintiffs, defendants, jurisdictions, outcomes, and notable rulings.
I'll research this systematically. Let me search multiple sources for litigation involving US 7339490.
Let me dig into the specific case numbers listed on the patent record and identify defendants.
Let me research the remaining case numbers and the MDL.
Litigation Involving U.S. Patent No. 7,339,490 ("Modular Sensor Assembly")
Important preliminary flags.
- Date discrepancy. Your prompt states the current date is April 26, 2026, but several search results describe events dated August 2026 (a JPML conditional transfer order dated Aug. 7, 2026, and a N.D. Cal. order dated Aug. 10, 2026). Per your instruction to prefer search results over other sources, I report those dates as found and flag that the timeline extends past your stated date.
- Identity of the patent. I interpret "7339490" literally as U.S. 7,339,490 B2, Modular Sensor Assembly, appl. 10/880,869, filed 2004-06-29, granted 2008-03-04, inventors Moore / Pereira / Sharma / Bash, originally assigned to Hewlett-Packard Development Co. L.P., later HPE, then OT Patent Escrow, then Valtrus Innovations Limited. It expired 2026-04-23. Google Patents' record for this patent lists litigation in the Eastern District of Texas under case numbers 3:24-cv-01152, 2:24-cv-00907, 2:24-cv-00535, 2:24-cv-00534, 2:24-cv-00259, 2:24-cv-00142, and 2:24-cv-00139 (https://patents.google.com/patent/US7339490/en). I did not auto-correct any numbers.
- What I could not confirm. I was unable to confirm the parties or status for 3:24-cv-01152 before running out of search budget. I flag it as unresolved rather than guessing.
A. Offensive infringement suits asserting the '490 patent (Valtrus / Key Patent Innovations as plaintiffs)
In these E.D. Tex. campaigns the '490 patent was pleaded as part of a seven-patent family — US 7,031,870 B2; US 6,862,179 B2; US 7,939,967 B2; US 6,854,287 B2; US 6,718,277 B2; US 7,339,490 B2; and US 9,310,855 B2 (per PACER-derived summaries at PatSnap). All were filed in the Marshall Division before District Judge Rodney Gilstrap.
| # | Case No. | Plaintiff(s) | Defendant(s) | Jurisdiction | Filed | Status / Outcome |
|---|---|---|---|---|---|---|
| 1 | 2:24-cv-00142 | Valtrus Innovations Ltd. | Dawn Acquisitions LLC (d/b/a Evoque Data Center Solutions) | E.D. Tex. (Marshall) | 2024-02-27 | Terminated / closed; '490 asserted (accused "modular sensor assemblies"—Evoque Allen and Dallas DFW1 data centers) |
| 2 | 2:24-cv-00259 | Valtrus Innovations Ltd. | CyrusOne, LLC | E.D. Tex. (Marshall) — member case | 2024 | Dismissed with prejudice by joint motion; Order (Dkt. 83) signed 2024-11-22 |
| 3 | 2:24-cv-00534 | Valtrus / Key Patent Innovations Ltd. | CyrusOne-related member case | E.D. Tex. (Marshall) — member case | 2024 | Dismissed with prejudice 2024-11-22 (same order as #2) |
| 4 | 2:24-cv-00139 | Valtrus Innovations Ltd. and Key Patent Innovations Ltd. | Digital Realty Trust, Inc. and Digital Realty Trust, L.P. | E.D. Tex. (Marshall) — member case | 2024 | Dismissed with prejudice per joint motion; docket sheet stamped 2025-01-23. Vertiv Corp. intervened as to Digital Realty's use of Vertiv technology |
| 5 | 2:24-cv-00535 | Valtrus / Key Patent Innovations Ltd. | Digital Realty-related member case | E.D. Tex. (Marshall) — member case | 2024 | Dismissed with prejudice (same order as #4) |
| 6 | 2:24-cv-00361 | Valtrus Innovations Ltd. | NTT Data Services, LLC; NTT Data Americas, Inc.; NTT Data, Inc.; NTT Communications Corp. | E.D. Tex. (Marshall) — LEAD CASE | 2024 | Pending / active. The '490 patent appears as Exhibit 5 to the complaint. This is the lead case into which the CyrusOne and Digital Realty member cases were consolidated; the court repeatedly ordered the member cases closed but 2:24-cv-00361 maintained open |
| 7 | 3:24-cv-01152 | Unconfirmed | Unconfirmed | E.D. Tex. (as listed by Google Patents) | Unconfirmed | Not verified — I could not confirm parties or status from available sources |
Key procedural facts common to this cluster (from CourtListener/PACER dockets and PACER-derived summaries):
- The CyrusOne and Digital Realty dismissals were joint motions with prejudice, covering "all claims and counterclaims that were, or could have been, brought," with each side bearing its own costs — i.e., privately settled, with no merits ruling on the '490 patent.
- Vertiv Corporation intervened in the CyrusOne and Digital Realty cases asserting contractual indemnity obligations to its customers, positioning itself as the real party in interest for infringement alleged from use of Vertiv's Liebert cooling/sensor products.
- The '490 patent is described in the pleadings as covering the "elongate flexible body," "addressable sensors," and "common connector wire" sensor assembly used to deploy distributed temperature monitoring on computer racks.
B. Declaratory judgment action
| # | Case No. | Plaintiff | Defendant | Jurisdiction | Filed | Status |
|---|---|---|---|---|---|---|
| 8 | 2:24-cv-00907 | Vertiv Corp. | Valtrus Innovations Ltd. | Originally N.D. Tex.; transferred to E.D. Tex. (Marshall) 2024-10-15; consolidated for pretrial with lead case 2:24-cv-00361 | Complaint filed 2024-05-14 (N.D. Tex.); E.D. Tex. docket reflects filing 2024-11-06 | Pending. Declaratory judgment of non-infringement covering the '277, '179, '490, '287 and '870 patents. Valtrus's Rule 12(b)(1) motion to dismiss for lack of jurisdiction was denied — Report & Recommendation (Dkt. 253) adopted over Valtrus's objections; Order signed 2026-03-24. Accused products: Vertiv's Liebert cooling units and Liebert iCOM / iCOM-S systems and modular sensors |
The '490 patent is expressly identified in Vertiv's declaratory judgment complaint as one of the patents-in-controversy, with claims 1, 11, and 28 identified as the subjects of the controversy and Vertiv's "Liebert cooling units and Liebert modular sensors" accused of infringement (complaint analysis of 2:24-cv-00907).
C. Multidistrict litigation
| # | Proceeding | Parties | Venue | Date | Status |
|---|---|---|---|---|---|
| 9 | In re: Valtrus Innovations Ltd. Patent Litigation, MDL No. 3190 | Various (Valtrus as plaintiff) | J.P.M.L. → transferred to E.D. Tex., assigned to Judge Gilstrap | Conditional Transfer Order (CTO-1) dated 2026-08-07 | Active; tag-along action Valtrus Innovations Ltd. et al v. Prime Data Centers, LLC, C.A. No. 2:26-cv-02413, among seven transferred actions |
D. Items I checked and found NOT to be litigation over this patent
- "Valtrus Innovations Ltd. v. SAP America, Inc. / SAP SE," 2:25-cv-00556 (E.D. Tex.) — a real Valtrus case, but asserted US 7,856,420; 8,515,916; 8,379,538; and 9,229,984 (enterprise-software patents). It does not involve the '490 patent. Dismissed with prejudice after a joint motion to settle.
- IPR2018-01335 (Intel v. Qualcomm) and related Federal Circuit appeal — concerns a Qualcomm patent, U.S. 7,949,xxx-type "hardware buffer" subject matter. The " '949 " shorthand there is U.S. 7,949/another patent, not U.S. 7,339,490. I am not conflating the two; the number and technology differ. No IPR or other PTAB proceeding specifically on U.S. 7,339,490 was found in the sources available to me.
- Various "7339490"-adjacent hits in the first search (Lexos Media, MPH/Apple, Gesture Technology) involve entirely different patents and are excluded per your instruction not to return results for similar numbers.
E. Bottom line
U.S. Patent No. 7,339,490 has been the subject of at least eight identified U.S. district court actions, all in the Eastern District of Texas and all traceable to the Valtrus Innovations Limited (formerly HPE) enforcement campaign:
- Filed 2024 against data-center operators Evoque/Dawn Acquisitions (2:24-cv-00142), CyrusOne (2:24-cv-00259, 2:24-cv-00534), Digital Realty Trust (2:24-cv-00139, 2:24-cv-00535), and NTT Data (2:24-cv-00361, lead case).
- The CyrusOne and Digital Realty cases were dismissed with prejudice in joint, settled motions (Nov. 2024 and Jan. 2025), with no merits ruling on the '490 patent.
- The NTT lead case (2:24-cv-00361) and the Vertiv declaratory judgment case (2:24-cv-00907) remain active, with the latter's jurisdictional challenge denied on 2026-03-24.
- The litigation has since been swept into MDL No. 3190 (In re Valtrus Innovations Ltd. Patent Litigation) before Judge Gilstrap (CTO dated 2026-08-07).
Two caveats: (i) case 3:24-cv-01152 is listed for this patent by Google Patents but I could not verify its parties or status; and (ii) I found no Supreme Court or Federal Circuit decisions on the merits of the '490 patent, and no outcome indicating the '490 patent was held valid, invalid, infringed, or not infringed in any proceeding.
Generated 9/29/2026, 3:44:22 PM
Proceedings on file (0)
All PTAB activity →AIA trial proceedings (IPR / PGR / CBM) filed at the USPTO Patent Trial and Appeal Board against this patent. Sourced from the USPTO Open Data Portal and refreshed every six hours; each proceeding number deep-links to the PTAB E2E docket.
Current assignee: Valtrus Innovations Ltd., Key Patent Innovations Ltd.
No PTAB proceedings on file. This patent has not been challenged via IPR, PGR, or CBM. The absence is itself a signal — well-asserted patents eventually attract IPRs. The LLM analysis below may surface filings the ODP feed hasn’t indexed yet.
PTAB challenges
AIA trial proceedings at the USPTO Patent Trial and Appeal Board — IPR, PGR, and CBM. Petitioners, judge panels, claim-level invalidation outcomes from Final Written Decisions, and Federal Circuit appeals. The single most important defensive datapoint after litigation history.
I'll verify the structured block's "no PTAB activity" default against public sources before finalizing.
The first results concerned a different patent (8,878,949). Let me run tighter searches on the 7,339,490 number and the current owner.
Let me probe specifically whether any petitioner (Vertiv, SAP, Google, Unified Patents) challenged the '490 patent.
Proceedings overview
Total AIA trial proceedings on US 7,339,490: 0. Breakdown: 0 active, 0 with claims invalidated, 0 with claims sustained, 0 settled, 0 institution denials. The structured "PTAB proceedings on file" block (USPTO Open Data Portal, canonical) returns no AIA trials, and my independent web checks surfaced no IPR, PGR, or CBM naming this patent — I could not find a petition, institution decision, FWD, or appeal for the '490 specifically.
Bottom line for a defendant: there is no PTAB win to point at and no PTAB estoppel to worry about. All 28 claims sit exactly as issued on 2008-03-04. The patent has been asserted in district court (Valtrus's data-center campaign), it was never challenged at the Board, and it was never amended or disclaimed. The dominant defensive fact today is not a canceled claim — it is that the record shows an adjusted expiration of 2026-04-23 and a legal status of "Expired – Lifetime," i.e., the patent is past its term as of today (2026-09-29).
Verification caveat (please read): the ODP block is the authority; my searches were bounded and could miss a very recently filed, not-yet-indexed petition. Before filing anything or relying on this in a brief, re-run the patent number in PTAB E2E / PatentCenter (https://ptacts.uspto.gov/ptacts/) and confirm the "no proceedings" result.
No proceedings on file
There is no proceeding number, petitioner, panel, or FWD to enumerate for US 7,339,490, and I will not manufacture one. The single most useful public artifacts for a defendant are therefore:
| Item | Record |
|---|---|
| Patent | US 7,339,490 B2, "Modular sensor assembly," filed 2004-06-29, granted 2008-03-04 (app. 10/880,869) |
| Claims | 28 total; independent claims 1 (assembly), 11 (system), 28 (computer rack system) |
| Ownership chain | Hewlett-Packard Development Co. → HPE Development LP (2015-11-09) → OT Patent Escrow, LLC (2021-01-26) → Valtrus Innovations Limited (2021-11-18) |
| PTAB status | No AIA trial ever instituted or even petitioned (per available records) |
| Term | Adjusted expiration 2026-04-23; status "Expired – Lifetime" (per Google Patents structured record; the record does not state whether the driver was PTA or fee lapse, so don't assert either) |
| Family litigation flag | Darts-IP family 35505429 flagged as having litigation |
District-court context (not PTAB, but it is the reason this patent matters): Valtrus asserted the '490 in its E.D. Tex. campaign — lead case 2:24-cv-00361-JRG (Valtrus Innovations Ltd. v. NTT Data Services, LLC), where the '490 appears as Exhibit 5 to the complaint and claim 1 is charted in Exhibit 12 (https://www.courtlistener.com/docket/68526786/1/5/valtrus-innovations-ltd-v-ntt-data-services-llc/). Related member cases include 2:24-cv-00139, -00142, -00259, -00534, -00535, -00907, with the Digital Realty and CyrusOne defendants dismissed with prejudice in early 2025 (Valtrus and Key Patent Innovations jointly moved; Vertiv was an intervenor), while the lead case stayed open. Vertiv filed its own declaratory-judgment action in N.D. Tex. (3:24-cv-01153-N, filed 2024-05-14) and, per its contentions, takes the position that its Liebert/modular sensor products do not meet '490 claims 1, 11, or 28 — i.e., the invalidity/non-infringement fight over the '490 is happening in court, not at the Board.
Adjacent PTAB activity in the same Valtrus portfolio (NOT the '490 patent)
This is the pattern signal, and it is a loud one — but none of it touches US 7,339,490:
- SAP America, Inc. v. Valtrus Innovations Ltd. — a six-petition salvo against other Valtrus patents: IPR2025-00414 ('182), IPR2025-00415 ('139), IPR2025-00416 ('575), IPR2025-00417 ('409), IPR2025-00418 ('264), IPR2025-00420 ('244). The Acting Director denied institution under § 314(a) based on the March 26, 2025 Interim Processes memo: the FWDs would land after the parallel district trial, and the patents had been in force 17+ years, "creating strong settled expectations" (decision text: https://bannerwitcoff.com/wp-content/uploads/2025/08/IPR2025-00417.pdf).
- SAP v. Valtrus, IPR2025-00419 ('738) and a further Valtrus-family petition IPR2025-00668 ('277) were also met with discretionary-denial briefing.
- Google LLC v. Valtrus Innovations Ltd., IPR2022-01545 — a Valtrus patent that did go to FWD and was appealed (different patent; https://www.docketalarm.com/cases/PTAB/IPR2022-01545/Google_LLC_v._Valtrus_Innovations_Limited/).
What this tells you: Valtrus's portfolio is aggressively asserted and has drawn substantial IPR fire — but the Board has repeatedly refused to institute late challenges to these ~20-year-old HPE-era patents on settled-expectations/Fintiv grounds. The '490's absence from the PTAB docket is most plausibly explained by that same dynamic (the patent expired 2026-04-23; a petition filed now would be a poster child for discretionary denial), not by the patent having been "hardened" through prior challenges.
Strategic summary
Claim status. Nothing on the '490 has been canceled at the PTAB, nothing has been sustained in an FWD, and nothing has been narrowed by certificate of correction that I can confirm. Treat all 28 claims as UNTESTED at the Board and as-issued. In district court, only the three independent claims — 1, 11, and 28 — have been actively charted/contested; dependents 2–10 and 12–27 are effectively untested everywhere. The genuine narrowing pressure on this patent is expiration, not adjudication: the record's adjusted expiration of 2026-04-23 means no prospective injunctive relief, damages confined to the pre-expiration period and subject to the § 286 six-year lookback from the date of suit, and a shrinking royalty base. Verify the term and any terminal disclaimer / PTA certificate directly in PatentCenter before relying on this in a damages or injunction posture.
Estoppel landscape. § 315(e)(2) estoppel is petitioner-specific and attaches only after an IPR that reaches an FWD. Here, no petitioner exists, so no IPR estoppel constrains anyone — not Valtrus, not any prior or current defendant. That cuts both ways: a defendant facing the '490 today has the entire prior-art universe available in district court, including printed publications, patents, and system/product art such as the Vertiv Liebert modular-sensor products that Valtrus itself accused (system art is generally outside IPR reach anyway, per the commonly cited § 311(b) limit). There is also no risk that a prior defendant's IPR ground was "reasonably could have been raised," because there was no IPR.
Pattern signals. No serial petitioner on this patent (there is only one patent here and zero petitions); no PTAB appeal history for the '490; Valtrus has litigated the portfolio hard (NTT/lead case, Digital Realty, CyrusOne, Equinix, TierPoint, DataBank, Lumen) and has shown it will defend at the Board (it won discretionary-denial relief in the SAP batch). The Unified Patents links that appear on the Google Patents page are litigation-database citations, not evidence that Unified Patents petitioned against the '490 — I found no such filing.
Recommended next steps
- Do not build a defense around a nonexistent FWD. There is no final written decision to cite or quote — saying otherwise in a brief is a credibility problem. The correct statement is: no AIA trial proceeding has been instituted or, per available records, even petitioned against US 7,339,490.
- Confirm the negative directly at PTAB E2E (https://ptacts.uspto.gov/ptacts/) and PatentCenter for application 10/880,869, and pull the assignment chain (OT Patent Escrow → Valtrus) so you can assess privity/RPI issues for any future petition.
- Litigate the 2026-04-23 expiration early. If you are served now, immediate targets are (a) the effective filing/priority date and any PTA-based term extension, (b) the § 286 damages window, and (c) whether the 17.5-year maintenance fee was timely paid (the structured legal-events record lists fee payments only for the 4th, 8th, and 12th years). The record is silent on this, so verify rather than assume.
- If you are a defendant in the live E.D. Tex. matter, note that the Docket Control Order in the lead case (signed 2024-09-03) set Markman 2025-10-15, pretrial 2026-03-02, and jury 2026-04-06 — dates that have now passed, so check the current docket for the operative schedule, stays, or consolidation with the Equinix/TierPoint cases before planning.
- If you are considering an IPR anyway, be realistic: the SAP experience shows the Director will deny institution on ~20-year-old Valtrus patents under the March 26, 2025 Interim Processes memo where the FWD would trail the district trial and settled expectations are strong. With the '490 already expired, you would need a compelling examiner-error or claim-construction-harmonization story to overcome that. Coordinate any petition with a § 315(b) one-year deadline check from your service date.
- Mine the prior art already in the record. Vertiv's invalidity contentions in the Valtrus litigation identify system and printed art (Vigilent, Liebert/Emerson modular sensor products and quick-start literature) — that art is public in the district-court record and is available to you now, with no estoppel shadow.
Case-law/authority caution: my statements about discretionary denial rely on the Director decision in the SAP v. Valtrus batch and the March 26, 2025 Interim Processes memo as reported in the sources cited above. Pull the primary documents from PTAB E2E before quoting them.
Generated 9/29/2026, 3:44:49 PM
Ownership chain (4)
Asserters network →Structured records extracted from the assignment-history narrative below. Each entity links to its full ownership-network profile.
2004-06-28 · recorded 2004-06-29 · reel 015544/0308 · Assignment
David Allen Moore; Robert Allen Pereira; Ratnesh K. Sharma; Cullen E. BashHewlett-Packard Development Company, L.P.
2015-10-27 · recorded 2015-11-09 · reel 037079/0001 · Assignment
Hewlett-Packard Development Company, L.P.Hewlett Packard Enterprise Development LP
internal reorg
2021-01-21 · recorded 2021-01-26 · reel 055269/0001 · Assignment and Security Agreement
Hewlett Packard Enterprise Development LP and Hewlett Packard Enterprise CompanyOT Patent Escrow, LLC
transfer-to-asserter
2021-11-02 · recorded 2021-11-18 · reel 058897/0262 · Assignment
OT Patent Escrow, LLCValtrus Innovations Limited (Ireland), f/k/a Dolya Holdco 9 Limited
Correspondent: Richard J. Botos · Botos Churchill IP Law
transfer-to-asserter
Assignment history
Inventors, original assignee, and the chain of ownership recorded with the USPTO — including the correspondent attorney who recorded each assignment, since shell-LLC chains often share one repeat-player attorney even when the entity names look unrelated. Surfaces NPE / patent-troll patterns: shell-entity transfers, known asserters in the chain, repeat correspondent fingerprints, pre-litigation assignments, and bankruptcy fire-sales.
I'll verify the assignment records and look for correspondent details before writing.
Ownership & Assignment Analysis — US 7,339,490 ("Modular sensor assembly")
Sourcing note (please read first): I could not open the Assignment Center record images directly from this environment. The reel/frame numbers below are taken from the authoritative legal-events data embedded in the patent text you supplied (Google Patents' mirror of the USPTO Assignment records) and are corroborated by PTAB exhibits that quote the underlying recorded documents (e.g., Vertiv Ex. 1003 quoting the January 2021 escrow agreement, and Valtrus's own 37 CFR 3.73(c) statements citing Reels 055269/0001 and 056157/0492). Where I could not confirm a field (notably the correspondent of record on the HP-side recordings), I say so rather than guess. Verify at USPTO Assignment Center or the legacy assignment search.
Inventors
| Inventor | Likely employer at filing | Basis |
|---|---|---|
| David Allen Moore | Hewlett-Packard (HP Labs) | Named assignor on the initial assignment, Reel 015544/0308, signed 2004-06-28, three days before the 2004-06-29 filing |
| Robert Allen Pereira | Hewlett-Packard (HP Labs) | Same Reel 015544/0308, executed 2004-06-24 to 2004-06-28 |
| Ratnesh K. Sharma | Hewlett-Packard (HP Labs) | Same Reel 015544/0308; known HP Labs data-center thermal researcher |
| Cullen E. Bash | Hewlett-Packard (HP Labs) | Same Reel 015544/0308; known HP Labs data-center thermal researcher |
Pattern assessment — no anomaly. All four inventors assigned to Hewlett-Packard Development Company, L.P. by a single pre-filing employment assignment (signed 2004-06-24 through 2004-06-28, recorded the same day as the filing). This is the canonical employee-invention assignment, not the "inventors peel off within 12 months" precursor to a fire-sale. No inventor appears as an assignor, assignee, or principal on any downstream link in the chain. (Caution: confirm current employment independently — I did not verify post-2004 career moves.)
Original assignee
Hewlett-Packard Development Company, L.P. ("HP" / HP Development Co. LP), a Texas limited partnership, principal place of business Houston, Texas.
- Primary line of business: operating technology company — enterprise computing, servers, storage, printing, and data-center infrastructure. Not a licensing vehicle.
- Did it ship a product embodying the claims? Substantially yes. The specification expressly ties the assembly to HP's "smart cooling" offering (it cites HP's own US 6,574,104, "Smart cooling of data centers") and describes data-center environmental monitoring built into production equipment racks. HP commercialized this as its Dynamic Smart Cooling product line. The patent was filed by HP Labs researchers and initially assigned to HP Development Co. LP — i.e., the operating-company R&D arm.
- Current status: Operating, but the original entity no longer exists in its 2004 form. In 2015 HP split into HP Inc. (PC/print) and Hewlett-Packard Enterprise (HPE) (enterprise/servers). The '490 patent followed the enterprise side: HP Development Co. LP → Hewlett Packard Enterprise Development LP (Reel 037079/0001). HPE remains a large operating company; the patent itself left HPE in 2021 and has since expired (adjusted expiration 2026-04-23).
Assignment timeline
Four recorded post-issuance/in-chain assignments. Note: three of the four carry Google Patents' "effective/execution" dates, which differ from recording dates.
2004-06-24 to 2004-06-28 (executed) / recorded 2004-06-29 — Reel 015544/0308
- Conveyance: Assignment (Assignment of Assignors' Interest)
- Assignors: David Allen Moore; Robert Allen Pereira; Ratnesh K. Sharma; Cullen E. Bash
- Assignee: Hewlett-Packard Development Company, L.P. (Texas)
- Correspondent: not confirmed — the recordation notice data was not retrievable here; this is a routine in-house/filing-stage recording.
- Context: Initial employee invention assignment, executed days before filing; not an acquisition.
2015-10-27 (effective) / recorded 2015-11-09 — Reel 037079/0001
- Conveyance: Assignment (Assignment of Assignor's Interest)
- Assignor: Hewlett-Packard Development Company, L.P.
- Assignee: Hewlett Packard Enterprise Development LP
- Correspondent: not confirmed (routine in-house corporate recording).
- Context: Internal corporate reorganization — the 2015 HP-to-HP Inc./HPE split. No third party involved; the patent simply followed the enterprise entity.
2021-01-15 (effective) / signed 2021-01-20–21 / recorded 2021-01-26 — Reel 055269/0001
- Conveyance: Assignment, plus Security Interest and Lien Agreement ("Patent Assignment, Security Interest, and Lien Agreement")
- Assignors: Hewlett Packard Enterprise Development LP and Hewlett Packard Enterprise Company (signed by Brett Alten, SVP, DGC, Chief IP Counsel for HPE; Joel Lutzker for the assignee)
- Assignee: OT Patent Escrow, LLC, a Delaware LLC, 200 West Madison, 37th Floor, Chicago, IL 60606
- Correspondent: partially confirmed — the Valtrus-side 37 CFR 3.73(c) chain-of-title statement that cites this reel was filed by Botos Churchill IP Law LLP (Richard J. Botos), 430 Mountain Avenue, Suite 401, New Providence, NJ 07974. I could not confirm the original 2021 recording correspondent on this reel; treat the Botos firm as the later chain-of-title correspondent, not necessarily the 2021 filer.
- Context: Transfer-to-asserter, stage 1 (escrow conduit). Under a "Patent Escrow Agreement dated as of January 15, 2021," HPE's patents (part of a portfolio of ~222 assets per RPX, widely reported as ~4,600 across tranches) were assigned to OT Patent Escrow to hold in escrow for later assignment to Valtrus Innovations Limited. Notably, the same document grants HPE a security interest and lien back over the assigned patents.
2021-11-02 (effective) / recorded 2021-11-18 — Reel 058897/0262
- Conveyance: Assignment (Assignment of Assignor's Interest)
- Assignor: OT Patent Escrow, LLC
- Assignee: Valtrus Innovations Limited (Ireland), f/k/a Dolya Holdco 9 Limited, The Glasshouses GH2, 92 Georges Street Lower, Dun Laoghaire, Dublin A96 VR66
- Correspondent: Botos Churchill IP Law LLP — Richard J. Botos, 430 Mountain Avenue, Suite 401, New Providence, NJ 07974 (confirmed for the Valtrus-side chain; RPX Insight lists the same firm as correspondent on the Valtrus assignment). Flag: this firm recurs on the Valtrus-side recordings and chain-of-title filings (it also appears on the 2024 power-of-attorney citing Reels 055269/0001 and 056157/0492), i.e., a repeat correspondent for this NPE family.
- Context: Transfer-to-asserter, stage 2 — the patent lands at the asserting entity. (A related recording, Reel 056157/0492, also sits in the escrow-to-Valtrus chain; I could not fully isolate which asset subset it covers.)
Related-but-not-recorded overlay (important): On the same day it acquired the patents (2021-01-15), Valtrus executed a Declaration of Trust making it trustee for its sole parent, Key Patent Innovations Limited ("KPI"), which holds the beneficial/economic rights. Courts (E.D. Tex. in Valtrus v. SAP; N.D. Cal. in Valtrus v. Google) found Valtrus lacks "all substantial rights," holding the patents "in name only" for KPI. This is a beneficial-ownership transfer that does not appear as a USPTO assignment — a critical gap between the recorded chain and reality.
Timeline diagram
timeline
title Ownership of US 7339490
2004 : Filed by Hewlett Packard
: Inventors assign to HP
2008 : Patent issued
2015 : Assigned to HPE Development LP
2021 : Assigned to OT Patent Escrow LLC
: Assigned to Valtrus Innovations Ltd
: Declaration of Trust to KPI
2024 : First suits asserting the patent
2026 : Patent expires
NPE / troll-pattern signals
1. Shell-entity transfer — PRESENT.
Reel 055269/0001 (2021-01-26) moves the patent from operating company HPE to OT Patent Escrow, LLC, a Delaware LLC at 200 West Madison, 37th Floor, Chicago — an escrow conduit, with HPE retaining a security interest. Reel 058897/0262 (2021-11-18) then passes it to Valtrus Innovations Limited, f/k/a "Dolya Holdco 9 Limited" — an Irish SPV whose pre-rename name (a "Holdco" placeholder) and single-purpose structure are classic shell indicators. Courts have expressly described Valtrus as an "uncapitalized shell who holds the Asserted Patents in name only" (E.D. Tex. standing ruling; N.D. Cal. Valtrus v. Google, holding Valtrus lacked constitutional standing). Concrete, cited evidence — not naming alone.
2. Known asserter in the chain — PRESENT.
Valtrus Innovations Ltd is the record owner and a high-frequency patent plaintiff, having sued (on the broader HPE portfolio) Google, SAP, Verizon, Digital Realty Trust, CyrusOne, NTT Data Services, Starbucks, and Markley Network Services. Its parent Key Patent Innovations Ltd (KPI) and US licensing agent Patent Platform Services, LLC complete the assertion apparatus. It is not on the legacy Acacia/Marathon/IV lists, but it is a recognized 2024–2026 mass-assertion campaign with active IPR activity (e.g., SAP v. Valtrus IPR2025-00416/00418; FedEx v. Valtrus IPR2026-00039 on a sibling patent).
3. Repeat correspondent across the chain — PRESENT.
Botos Churchill IP Law LLP, 430 Mountain Avenue, Suite 401, New Providence, NJ 07974 (Richard J. Botos) is the correspondent on Valtrus-side recordings and chain-of-title filings, including the 2024 37 CFR 3.73(c) statement citing Reels 055269/0001 and 056157/0492. The same firm is listed as correspondent on the Valtrus assignment in RPX Insight. Caveat: I confirmed recurrence within the Valtrus family only; I could not retrieve the correspondent names on the two HP-side reels (015544/0308, 037079/0001), so I cannot say whether Botos appears across all links. The signal is recurrence, and recurrence is shown.
4. Cascading transfers — PRESENT.
Two legs in ~10 months (055269/0001 on 2021-01-26 → 058897/0262 on 2021-11-18), routed HP → escrow LLC → Irish SPV, with the same correspondent firm handling the Valtrus-side chain. Single-purpose LLCs (OT Patent Escrow; Dolya Holdco 9 → Valtrus) sharing a coordinated conveyance structure.
5. Pre-litigation transfer — not present (outside the 6-month window).
Transfer to Valtrus was effective 2021-11-02; the '490 patent was not asserted until the 2024 E.D. Tex. data-center-cooling campaign (e.g., Valtrus v. NTT Data Services, 2:24-cv-00361, and the Digital Realty cases 2:24-cv-00139/00535). The gap is ~2.5 years, so the strict "within 6 months before first suit" test fails. The transfer nonetheless enabled the campaign — worth noting even though the narrow signal is absent.
6. Bankruptcy fire-sale — NOT PRESENT.
Neither HP, HPE, nor any assignor in the chain filed Chapter 7/11. This was a negotiated portfolio monetization sale (Patent Escrow Agreement, Jan 2021), not a court-supervised distress sale. Clear call.
7. Privateering — UNCLEAR.
Evidence pointing toward it: HPE structured the divestiture through an escrow vehicle, retained a security interest and lien over the assigned patents (Reel 055269/0001, §2), and the buyer (Valtrus/KPI) is funded and directed through the same corporate ladder HPE used to transfer the assets. Evidence against a clean "operating company arms an NPE against its competitors" story: Valtrus's known defendants are data-center operators and other tech firms, not obviously HPE's direct server competitors, and the seller lien is equally consistent with seller-financed purchase-price security. On the current record this is a structured-escrow monetization that looks like privateering but I cannot confirm HPE directs the suits — mark unclear, not proved.
8. Defensive aggregator (anti-NPE) — NOT PRESENT.
The chain terminates at an asserting entity (Valtrus, beneficially KPI). No RPX / AST / LOT Network / Unified Patents / OIN link exists anywhere in the recorded chain or the beneficial-ownership overlay. The patent has not been neutralized; it has expired (adjusted expiration 2026-04-23), which moots assertion but is not the same as defensive aggregation.
Verdict
NPE — high confidence.
The recorded chain moves a practicing operating company's patent (HP → HPE, Reel 037079/0001) through a single-purpose escrow LLC (OT Patent Escrow, LLC, Reel 055269/0001, 2021-01-26) into an Irish shell SPV (Valtrus Innovations Limited f/k/a Dolya Holdco 9 Limited, Reel 058897/0262, 2021-11-18) — two legs in ten months, handled by a repeat correspondent (Botos Churchill IP Law LLP) and layered with a non-recorded Declaration of Trust that courts found leaves Valtrus holding the patents "in name only" for its parent KPI. The end-owner is thereafter a high-frequency plaintiff asserting the portfolio across dozens of suits. That is at minimum three strong signals (shell transfer, known asserter, cascading transfers) plus a strong repeat-correspondent signal — well past the "2+ strong signals" threshold. The only mitigating fact is that the patent has expired (2026-04-23), so the NPE monetization run is over.
Verify: USPTO Assignment Center and assignment.uspto.gov — search by patent number 7339490; the four reel/frame entries to pull are 015544/0308, 037079/0001, 055269/0001, and 058897/0262 (plus 056157/0492 for the escrow-to-Valtrus side).
Generated 9/29/2026, 3:44:46 PM
Prior art
Earlier patents, publications, and products that may anticipate or render the claims unpatentable.
I'll verify the USPTO record for 7,339,490 and research each cited reference before building the prior-art analysis.
Good coverage on the top references. Let me research the remaining cited references.
USPTO Database Verification — US 7,339,490
Record confirmed. The authoritative text I was given (fetched from Google Patents' mirror of the USPTO record) matches the bibliographic data in the prior analysis: US 7,339,490 B2, "Modular sensor assembly," App. No. 10/880,869, filed/priority 2004-06-29, granted 2008-03-04, inventors Moore, Pereira, Sharma, Bash, original assignee Hewlett-Packard Development Co. LP, now Valtrus Innovations Ltd. Status: Expired – Lifetime, adjusted expiration 2026-04-23. The full front-page citation list (20 references) is reproduced in the text I was given, and I verified the key ones against independent sources.
Note on the date discrepancy in the brief: the task states "Current Date: April 26, 2026," while my operating context says 2026-09-29. This does not change the analysis — under either date the patent is expired (2026-04-23), and the whole pre-AIA § 102 framework below is unaffected. Since the '490 application was filed before March 16, 2013, the pre-AIA § 102 framework governs (with a 2004-06-29 critical date).
Methodological framing (important)
Two cautions before the mapping:
- "Cited on the front page" ≠ "anticipatory." Of the 20 references listed under Patent Citations on the '490 face, most are cited as background art for the data-center cooling problem, not as § 102 anticipatory art. Only a handful are plausible single-reference § 102 candidates; the rest are better characterized as § 103 combination art.
- § 102 sub-category matters. Because the critical date is 2004-06-29, the reference must predate that date in the right category. I've assigned each reference its correct pre-AIA slot: § 102(b) (published more than one year before filing, i.e., before 2003-06-29), § 102(a) (published before the filing date), or § 102(e) (US patent/application filed before, but published after, the '490 filing date).
- I could not independently retrieve full text for US 6,100,807 (rack protection monitor), US 6,632,995 (control cabinet), and US 4,589,712 (data processing equipment enclosures) because my search budget was exhausted mid-task. Where that is the case, I flag it explicitly rather than assert claim-by-claim mappings from memory.
Tier 1 — Strongest § 102 candidates
1. US 6,529,127 B2 — Microstrain, Inc.
"System for remote powering and communication with a network of addressable, multichannel sensing modules"
- Inventors/assignee: Townsend, Arms et al. / Microstrain, Inc. (Williston, VT)
- Filed: 1997-07-11 (App. 09/114,106; prov. 60/052,348) | Issued: 2003-03-04
- § 102 status: § 102(b) (issued almost 16 months before the '490 filing) — the strongest date position of any cited reference.
- Description: A multidrop network of multichannel, addressable sensing modules (ASMs) embedded in a composite structure, remotely powered and interrogated by a PC. Each ASM has a microprocessor with non-volatile memory and an A/D converter; the modules sit on a common bus and are individually addressed; a "mothernode"/interrogator collects and interprets the data. Verified via USPTO/Google text: patents.google.com/patent/US6529127B2.
- Potential § 102 mapping: Anticipates the conceptual core of claim 1(b) ("plurality of addressable sensors… interconnected to a common connector wire") and claim 11(c) ("plurality of addressable sensors… interconnected in parallel to a common connector wire"), and is the best single-reference attack on claim 25 (parallel flat-conductor bus with ground/data leads feeding a central interrogator) and claim 9/23/24 (addressable sensors drawing power from the bus — Microstrain's ASMs are powered only when addressed).
- Limiting gap (why it is not a clean full anticipation of claim 1/11/28): the '127 sensors are embedded in a composite structure, not disposed on an elongate flexible body attached to a computer rack, and the link is inductive/wireless rather than a "connector wire." So it maps well to the sensor-network elements but not to the rack-mount / flexible-strip elements. Anticipation of claims 1, 11, and 28 as wholes is therefore doubtful; § 103 combination is the more realistic posture.
2. US 4,823,290 A — Honeywell Bull Inc.
"Method and apparatus for monitoring the operating environment of a computer system"
- Inventors/assignee: Fasack, Rutz, Voll / Honeywell Bull Inc.
- Filed: 1987-07-21 | Issued: 1989-04-18
- § 102 status: § 102(b)
- Description: A plurality of sensors (temperature, humidity, air flow, liquid level, airborne particulates, door openings, DC/AC supply levels) placed around and inside computer equipment cabinets and in air plenums, feeding a sensor interface device (SID) and a host computer that periodically scans, stores, checks, and alarms on the data. Verified: patents.google.com/patent/US4823290.
- Potential § 102 mapping: Anticipates the "central system configured to receive and interpret data from the plurality of sensors relating to conditions associated with the computer rack" element of claim 1(c) and claim 11(e); the environmental-monitor limitation of claim 26 (selectively collect data, determine spatial conditions); and the sensor-type Markush groups of claims 10 and 22 (it expressly discloses temperature, humidity, air-flow, and door-condition sensors — the last being an express claim-22 element).
- Limiting gap: each sensor is individually wired to the SID — precisely the "point-to-point" architecture the '490 specification criticizes. It does not disclose a common two-wire bus or addressable sensors, so it does not anticipate claims 1(b)/9/23/24. Best used for § 103 against the central-system and sensor-type claims.
3. US 6,714,977 B1 — Netbotz, Inc.
"Method and system for monitoring computer networks and equipment"
- Inventors/assignee: Fowler, Cullen / Netbotz, Inc. (later APC/Schneider)
- Filed: 1999-10-27 | Issued: 2004-03-30
- § 102 status: both § 102(e) (as of its 1999-10-27 filing) and § 102(a) (published 2004-03-30)
- Description: A networked environmental monitor for a computer room/space, with a sensor (temperature, humidity, air flow), a standalone housing, an embedded microprocessor, memory, and a network port addressable by its own URL/IP, generating web pages and alarms. Verified: patents.google.com/patent/US6714977.
- Potential § 102 mapping: Relevant to claim 11(e) and claim 26 ("central system / environmental monitor configured to selectively collect data… and determine spatially-correlated environmental conditions related to the computer rack"), and to the broader networked-monitoring context of claims 2, 3, 19, 21, 28(c).
- Limiting gap: the '977 system is a discrete appliance with its own sensors, not a distributed addressable sensor strip on a shared bus. No anticipation of claims 1/11(c)/28(b) as a whole.
4. US 6,574,104 B2 — Hewlett-Packard Development Co. L.P.
"Smart cooling of data centers"
- Inventors: Patel, Bash, Beitelmal | Filed: 2001-10-05 | Issued: 2003-06-03
- § 102 status: § 102(b) (issued 26 days before the one-year bar date of 2003-06-29 — a narrow but valid § 102(b) position). Notably, co-inventor Cullen E. Bash is also a named inventor on the '490 patent.
- Description: The foundational "smart cooling" patent: a plurality of temperature sensors configured to measure a temperature of one or more racks, with vent controllers and cooling-device controllers that vary cooling fluid in response to the measured temperatures of the racks. Claim 7 of the '104 patent recites exactly this sensor-to-rack-temperature feedback. Verified: patents.google.com/patent/US6574104B2.
- Potential § 102 mapping: Anticipates claim 26 (an environmental monitor that collects data from sensors and determines spatially-correlated environmental conditions related to the rack) and is strongly probative against claim 27 (front supply-air / rear return-air temperature sensing for cooling control). Also relevant background to claims 11 and 28.
- Limiting gap: the '104 patent does not disclose the addressable-sensor-on-a-flexible-body hardware of claims 1/11(b–c)/28(b). It is the system-level prior art, not the assembly-level prior art.
5. US 6,100,807 A — United States Department of Energy
"Rack protection monitor"
- Filed: 1998-10-21 | Issued: 2000-08-08 | § 102 status: § 102(b)
- Description (from title/assignee; full text not retrieved): An equipment-rack protection/monitoring apparatus. Given the assignee and title, it is directed to sensing and reporting conditions at an electronics rack.
- Potential § 102 mapping: On its face the reference most likely to touch the rack-attached sensor framing of claims 11, 12, 13 and 28(a)/(c).
- ⚠️ Flag: I did not obtain the full text of US 6,100,807, so I cannot responsibly chart specific claims. This is the highest-priority reference to pull in full text before relying on it, because if it discloses a sensor strip/monitor mounted to a rack, it is the closest structural § 102 art to claim 1.
Tier 2 — Relevant to specific dependent/system claims (§ 103 combination art)
6. US 5,949,974 A — Ewing, Carrell W. — § 102(b)
"System for reading the status and for controlling the power supplies of appliances connected to computer networks." Filed 1996-07-23; issued 1999-09-07. Discloses networked reading of appliance status and control via the network. Maps to claims 1(c), 2, 3, 11(e), 19, 21 (the networked central system and connector-board/daisy-chain concepts). Does not address a flexible addressable sensor strip.
7. US 6,577,498 B1 — Sun Microsystems, Inc. — § 102(b)
"Fully integrated computer racking system." Filed 2001-11-26; issued 2003-06-10. Discloses an integrated rack with built-in cable management/mounting provisions. Maps to claim 28(a) (upright rack body) and claim 13 (rack means for receiving / apertures receiving connectors), and to claims 12, 14–16 (rack-mounting location). Weak on the sensor-bus elements.
8. US 6,934,864 B2 — International Business Machines Corp. — § 102(e) (filed 2002-01-11; issued 2005-08-23)
"System and method for co-operative thermal management of electronic devices within a common housing." Filed before the '490 critical date, so it qualifies as § 102(e) art even though it published after. Maps to claims 26 and 28 (thermal monitoring/management within a common housing and rack-level thermal control). Not an assembly-level anticipation.
9. US 7,164,580 B2 — Intel Corp. — § 102(e) (filed 2003-03-25; issued 2007-01-16)
"Plenum-based computer cooling system." Filed before the critical date, published after — a proper § 102(e) reference. Maps to claims 11, 28(a) (cooling air flow through the rack) and to the plenum-monitoring context of the specification's "pressure transducers inside a plenum" passage. Background-level.
10. US 6,632,995 B1 — Deutsche Telekom AG — § 102(a) (filed 1999-03-30; issued 2003-10-14)
"Control cabinet." ⚠️ Full text not retrieved. Title/assignee suggest a monitored/environmentally-controlled equipment cabinet, which could bear on claims 4, 5, 6 (rigid outer covering/trim) and claim 12/13 (cabinet means for receiving). Flagged as unverified.
11. US 6,525,935 B2 — Appro International, Inc. — § 102(b)
"Low profile highly accessible computer enclosure with plenum for cooling high power processors." Filed 2001-03-12; issued 2003-02-25. Maps to claim 28(a) (rack/enclosure body with cooling air flow) — background only.
Tier 3 — Background/specification art (cooling, fans, enclosures); minimal § 102 bite
| Ref | Citation | Filed / Issued | § 102 slot | Best-fit claims (background/§103) |
|---|---|---|---|---|
| 12 | US 5,718,628 A — NIT Power & Building Facilities — "Air conditioning method in machine room having forced air-cooling equipment housed therein" | 1995-05-02 / 1998-02-17 | § 102(b) | Claims 11, 28(a) — data-center/machine-room cooling context |
| 13 | US 5,982,618 A — Telefonaktiebolaget LM Ericsson — "Arrangement in cooling electronic equipment" | 1995-10-02 / 1999-11-09 | § 102(b) | Claim 28(a) — cooling of electronic equipment |
| 14 | US 6,283,380 B1 — IBM — "Air conditioning system and air conditioning method" | 1999-03-25 / 2001-09-04 | § 102(b) | Claim 27 — supply/return air conditioning control |
| 15 | US 6,268,664 B1 — Sun Microsystems — "Fan control module for a system unit" | 1999-10-08 / 2001-07-31 | § 102(b) | Claim 28 — thermal management of a unit |
| 16 | US 6,639,794 B2 — Maxxan Systems — "Chassis with adaptive fan control" | 2001-12-18 / 2003-10-28 | § 102(a) | Claim 28 — adaptive cooling |
| 17 | US 4,589,712 A — Hastings Otis — "Data processing equipment enclosures" | 1977-08-25 / 1986-05-20 | § 102(b) | Claims 4, 28(a) — early equipment enclosure. ⚠️ Full text not retrieved |
| 18 | US 5,574,430 A — Reinhold Ott — "Monitoring sensor" | 1994-01-18 / 1996-11-12 | § 102(b) | Claim 10 — a discrete monitoring sensor; not a distributed bus |
| 19 | US 4,639,713 A — Honda Giken Kogyo K.K. — "Theftproof device" | 1981-09-18 / 1987-01-27 | § 102(b) | Claim 10 (occupancy/light-type detection) — peripheral; essentially background |
| 20 | US 2006/0244616 A1 — Clyde Hill — "Moisture sensing strips" | 2005-04-01 / 2006-11-02 | Not § 102 prior art | ⚠️ See flag below |
Critical flags and caveats
US 2006/0244616 A1 ("Moisture sensing strips") is NOT § 102 prior art to the '490 patent. Its filing date (2005-04-01) and publication date (2006-11-02) are both after the '490 critical date of 2004-06-29. It cannot anticipate or render obvious any claim of '490. It appears in the aggregated citation list but must be treated as ineligible. If any later analysis has relied on it as prior art, that reliance is an error.
US 6,574,104 (HP) and US 6,577,498 (Sun) qualify as § 102(b) by only 19–26 days (issued 2003-06-03 and 2003-06-10 vs. the 2003-06-29 one-year bar). Confirm the exact dates on the face of each patent before relying on the § 102(b) status.
No single cited reference appears to fully anticipate independent claims 1 or 11. The claimed combination — an elongate flexible body + addressable sensors on a common connector wire + rack attachment + connector wire lead to a central system — is not found together in any one of the 20 references. The addressable-bus art (US 6,529,127) lacks the rack/flexible-body/wired-lead limitations; the rack/environmental-monitoring art (US 4,823,290, US 6,714,977) lacks the addressable common-bus architecture. The realistic § 102 position is confined to dependent/system claims (e.g., 9, 10, 22, 23, 24, 25, 26, 27), with § 103 combinations carrying the independent claims.
Uncited prior art may be stronger. None of the 20 cited references constitutes the 1-Wire® bus / DS18S20 architecture that the '490 specification itself names as the implementation. The Dallas Semiconductor/Maxim 1-Wire protocol documentation and the DS18S20 datasheet predate the filing and are not among the cited patents — they are the natural § 102(b) printed-publication prior art for claims 9, 23, 24 and 25, and should be pulled if a validity analysis is undertaken. Similarly, US 5,949,974 is the only networked-status-monitoring reference cited and is more germane than several of the cooling references.
Forward citations are not prior art. The Google Patents "Cited By" set — including US 8,046,196 (HP, "Modular networked sensor assembly") and US 11,304,344 (HPE) — postdates the '490 priority date and bears on the patent's influence, not its validity. US 8,046,196 in particular is a same-assignee follow-on and reads as a family/improvement patent, not § 102 art.
Terminal disclaimer/PTA caveat carried forward. The prior analysis flagged that "expires 2026-04-23" is Google's adjusted expiration. That remains unverified against the USPTO Patent Term Adjustment record, but it is immaterial here: the patent is expired and all § 102 analysis above is retrospective.
Bottom line
The most relevant cited prior art, in descending order of § 102 potency, is: (1) US 6,529,127 (Microstrain) — addressable sensors on a common bus with a central interrogator, § 102(b); (2) US 4,823,290 (Honeywell Bull) — multi-sensor computer-environment monitoring with a host, § 102(b); (3) US 6,714,977 (Netbotz) — networked environmental monitoring, § 102(e)/(a); (4) US 6,574,104 (HP, "Smart cooling") — rack temperature sensors driving cooling, § 102(b); and (5) US 6,100,807 (DOE, "Rack protection monitor") — the structural rack-monitor reference whose full text I could not verify and which should be retrieved first. The remaining 15 citations are background/§ 103 material, and US 2006/0244616 A1 is disqualified as prior art on date grounds.
Generated 9/29/2026, 3:45:02 PM
Obviousness
Combinations of prior art that suggest the claimed invention would have been obvious under 35 U.S.C. § 103.
I'll ground this analysis in the actual face-of-the-patent prior art. Let me pull details on the key cited references so I can map disclosures accurately rather than relying on titles alone.
Let me pull the remaining rack-monitoring references to complete the claim-mapping.
Obviousness Analysis — U.S. Patent No. 7,339,490 ("Modular Sensor Assembly") under 35 U.S.C. § 103(a)
Scope note. This analysis uses the prior art appearing on the face of US 7,339,490 as published on Google Patents ("Citations (20)," "Cited By," and the "Prior art keywords" list), retrieved 2026-09-29. Where I characterize a reference beyond its title and the abstract text I retrieved, I say so and flag it as inference. I do not auto-correct any patent number. One timeline flag carried over from the earlier sections: the "current date" given to me is 2026-04-26, while an earlier section reported events dated August 2026; that discrepancy is not material to this § 103 analysis and I do not resolve it here.
1. Governing legal framework
The application (10/880,869) was filed 2004-06-29, i.e., before 2013-03-16, so the pre-AIA version of § 103(a) governs. The analysis proceeds under the Graham v. John Deere factors (scope and content of the prior art; differences between the prior art and the claims; level of ordinary skill; secondary considerations), as refined by KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398 (2007) — which permits a finding of obviousness based on (i) known techniques combined according to known methods, (ii) simple substitution of a known element for a known element to obtain a predictable result, (iii) use of a known technique to improve a similar device in the same way, (iv) "obvious to try" where there are a finite number of identified, predictable solutions, and (v) design incentives and market forces.
Level of ordinary skill. A person of ordinary skill here would hold a bachelor's degree in electrical or mechanical engineering (or equivalent) with about 2–3 years of experience in computer-room/data-center environmental monitoring, rack cooling, or networked sensor systems. The subject matter (distributed sensors, rack cooling, networked environmental monitoring) was a mature, crowded art by 2004, and the patent itself concedes much of that art (see § 6).
2. Prior-art status of the cited references (pre-AIA §§ 102(a)/(b)/(e))
| Reference | Date(s) on face | Earliest § 102 date available | Status vs. 2004-06-29 filing |
|---|---|---|---|
| US 4,589,712 (Hastings/Otis), "Data processing equipment enclosures" | 1977-08-25 / 1986-05-20 | 1986-05-20 | § 102(b) |
| US 4,823,290 (Honeywell Bull, Fasack et al.), "Method and apparatus for monitoring the operating environment of a computer system" | 1987-07-21 / 1989-04-18 | 1989-04-18 | § 102(b) |
| US 5,574,430 (Ott), "Monitoring sensor" | 1994-01-18 / 1996-11-12 | 1996-11-12 | § 102(b) |
| US 5,718,628 (NIT Power & Building Facilities), "Air conditioning method in machine room having forced air-cooling equipment" | 1995-05-02 / 1998-02-17 | 1998-02-17 | § 102(b) |
| US 5,944,974 (Ewing), "System for reading the status and for controlling the power supplies of appliances connected to computer networks" | 1996-07-23 / 1999-09-07 | 1999-09-07 | § 102(b) |
| US 5,982,618 (Ericsson), "Arrangement in cooling electronic equipment" | 1995-10-02 / 1999-11-09 | 1999-11-09 | § 102(b) |
| US 6,100,807 (U.S. DOE, Orr), "Rack protection monitor" | 1998-10-21 / 2000-08-08 | 2000-08-08 | § 102(b) |
| US 6,268,664 (Sun), "Fan control module for a system unit" | 1999-10-08 / 2001-07-31 | 2001-07-31 | § 102(b) |
| US 6,283,380 (IBM), "Air conditioning system and air conditioning method" | 1999-03-25 / 2001-09-04 | 2001-09-04 | § 102(b) |
| US 6,529,935 (Appro Int'l), low-profile enclosure w/ plenum | 2001-03-12 / 2003-02-25 | 2003-02-25 | § 102(b) |
| US 6,529,127 (Microstrain, Arms/Townsend), "System for remote powering and communication with a network of addressable, multichannel sensing modules" | 1997-07-11 / 2003-03-04 | 2003-03-04 | § 102(b) |
| US 6,574,104 (HP, Patel/Bash/Beitelmal), "Smart cooling of data centers" | 2001-10-05 / 2003-06-03 | 2003-06-03 | § 102(b) (26 days before the 1-year bar) |
| US 6,577,498 (Sun), "Fully integrated computer racking system" | 2001-11-26 / 2003-06-10 | 2003-06-10 | § 102(b) |
| US 6,632,995 (Deutsche Telekom), "Control cabinet" | 1999-03-30 / 2003-10-14 | 1999-03-30 | § 102(e) (granted after the 1-yr bar) |
| US 6,639,794 (Maxxan), "Chassis with adaptive fan control" | 2001-12-18 / 2003-10-28 | 2001-12-18 | § 102(e) |
| US 6,714,977 (Netbotz, Fowler/Cullen), "Method and system for monitoring computer networks and equipment" | 1999-10-27 / 2004-03-30 | 1999-10-27 | § 102(e) |
| US 6,934,864 (IBM), "System and method for co-operative thermal management of electronic devices within a common housing" | 2002-01-11 / 2005-08-23 | 2002-01-11 | § 102(e) |
| US 7,164,580 (Intel), "Plenum-based computer cooling system" | 2003-03-25 / 2007-01-16 | 2003-03-25 | § 102(e) |
| US 2006/0244616 A1 (Clyde Hill), "Moisture sensing strips" | 2005-04-01 / 2006-11-02 | n/a | Not prior art — post-dates the 2004-06-29 priority date. Excluded. |
Note. US 2006/0244616 is the only entry in the "Citations" table that cannot be prior art to the '490 patent; I exclude it. (Its subject matter — a sensing strip — is an interesting near-miss on the claimed form factor, but it is later art and I do not rely on it.) The "Cited By" documents (e.g., US 2008/0208531 and US 8,046,196, both HP "Modular networked sensor assembly"; US 2009/0287456, "Distributed Sensor System") are all later documents and are likewise not prior art.
Two references carry extra litigation-relevant weight for motivation: US 6,574,104 shares an inventor with the '490 patent (Cullen E. Bash) and the same original assignee (HP); and US 6,529,127 is expressly cited in the '490 specification's account of addressable parallel sensor networks.
3. The claims to be tested
Three independent claims: 1 (modular sensor assembly), 11 (sensor system), 28 (computer rack system). Decomposed into limitations:
| Limitation | Claim 1 | Claim 11 | Claim 28 |
|---|---|---|---|
| Computer rack / upright rack body w/ airflow | — | (a) | (a) |
| Elongate flexible body attached to rack | (a) | (b) | (b) |
| Plural addressable sensors along body | (b) | (c) | (b) |
| Sensors on a common connector wire (parallel bus) | (b) | (c) | (b) |
| Sensors measure local environmental condition | (preamble) | (c) "immediate vicinity" | (b) |
| Each sensor generates a digital signal | — | — | (b) |
| Connector wire lead | (c) | (d) | (c) |
| Central system receives/interprets data | (c) | (e) | (c) |
| Connector board on rack | — | — | (c) |
The patent's own specification supplies the claim-construction context: the sensors are off-the-shelf Dallas/Maxim DS18S20-PAR 1-wire digital temperature sensors with unique factory-assigned 64-bit addresses, connected in parallel on a two-conductor (data + ground) bus, powered parasitically from the data line (spec, "Power for the sensor 14 is parasitically drawn from the data line 24 a"). This matters twice: it is an admission that the sensor and its addressing/power scheme are known prior art, and it defines "addressable" as encompassing factory-assigned codes (see also claim 9).
4. Primary obviousness combinations
Combination A — Microstrain '127 + HP '104 + Netbotz '977 (or Honeywell '290)
This is the strongest three-reference combination and reaches claims 1, 9, 11, 23, 24, 25, 26, and 28.
(1) US 6,529,127 (Microstrain) — supplies the networked-sensor architecture.
- A multidrop network of addressable sensing modules (ASMs), each with a microprocessor, non-volatile memory, multiplexer, instrumentation amplifier, and A/D converter, interrogated by a host computer. The retrieved abstract and specification confirm: "A multidrop network of multichannel, addressable sensing modules (ASM's) … remotely powered, and interrogated by a personal computer…"; each ASM has a unique address; data are digitally encoded with error checking.
- Microstrain expressly teaches power delivered over the same medium as communication ("The external interrogation system communicates into the network of ASM's by modulating the AC waveform that delivers power to the embedded electronics") — directly meeting claim 9's / claim 24's "power from the data wire" (a simple substitution of the Microstrain powering modality onto a wired bus).
- Microstrain also teaches embedding the sensor network within a structure/substrate and supporting many sensor types (temperature, pressure, strain, etc.), which is the closest cited-art analogue to the claimed "elongate body … with a plurality of sensors disposed along it."
(2) US 6,574,104 (HP "Smart cooling of data centers") — supplies the rack/data-center application and the reason to instrument it.
- Discloses a data center with racks and a cooling system that "adjust[s] cooling fluid … flow to various racks … based upon the detected or anticipated temperatures at various locations throughout the data center," with temperature sensors 212–216 individually sensing component temperatures (Tc's) and a controller varying cooling in response.
- This is the "smart cooling" environment the '490 specification itself names as the intended host system. Critically, it is same-field, same-assignee, and shares inventor Bash with the '490 — a powerful motivation/§ 103 alignment, and evidence the '490 was an incremental design choice within HP's own, known technology stream.
(3) US 6,714,977 (Netbotz) — or — US 4,823,290 (Honeywell Bull) — supplies the "central system."
- '977 discloses sensors (temperature, humidity, airflow) at monitored equipment, an A/D converter, a microprocessor, memory, threshold evaluation, and a network port for remote reporting — i.e., an "environmental monitor … configured to selectively collect data from each of the addressable sensors" (claim 26) and a "central system … configured to receive and interpret data" (claims 1(c), 11(e)).
- '290 teaches essentially the same concept decades earlier for exactly this environment: "a plurality of sensors of different types, such as air flow and temperature sensors, located in many places around a computer room, such as in equipment cabinets and in air plenums," scanned by a host computer, with stored data and location identification (claim 26's "spatially-correlated environmental conditions").
Motivation to combine (KSR). (a) All three are in the same field of computer-room/data-center environmental monitoring and would be commonly consulted together. (b) The problem addressed is old and recognized: '290 states the need "to monitor different computer system environmental operating conditions at many points around and inside component parts of the computer system without constant human interaction"; '104 is directed to cooling racks "based on detected or anticipated temperatures." (c) The solution is a predictable substitution: replacing the '490's admittedly old central-datalogger/thermocouple architecture (spec, Background) with the known addressable parallel bus of '127 yields the expected benefits of fewer conductors, lower wiring cost, and scalability — a "simple substitution of a known element for a known element to obtain a predictable result." (d) Market/design incentives: the '490 spec itself cites data-center systems intended to measure "60 … though this is not a limit … expand to accommodate a thousand sensors," evidencing the industry-wide demand that would have prompted the combination.
Combination B — DOE '807 (Rack protection monitor) + Microstrain '127 + Honeywell '290
Reaches claims 1, 11, and 28 and adds an express "at a rack" teaching.
- US 6,100,807 (DOE, Orr) describes a monitor that "utilizes electromechanical relays to respond to the detection by condition sensors of abnormal or alarm conditions (such as smoke, temperature, wind or water) that might adversely affect or damage equipment being protected" and that "an alarm signal will be transmitted to an alarm central control." The everypatent text confirms the sensors are associated with electronic equipment in relay racks. (I did not retrieve a teaching in '807 of a flexible body or of individually addressable digital sensors; I do not assert one.)
- Motivation: '807 places multiple condition sensors at/near a rack and reports to a central control; combining it with '127's addressable bus and '290's location-aware central monitoring is the predictable use of prior-art elements according to their known functions, and supplies the "computer rack" element of claims 11 and 28. The benefit of the combination (multi-point, individually-addressable location-specific monitoring rather than alarm-only) is the natural, expected result of the combination.
Combination C — Smart-cooling/air-distribution context: NTT '628 + IBM '380 + HP '104 (+ '127 + '977)
Reaches the "cooling-air" framing of claims 27–28 and the front/rear supply-vs-return concept of claim 27.
- US 5,718,628 (NIT Power & Building Facilities) — air-conditioning method for a machine room housing forced-air-cooled equipment;
- US 6,283,380 (IBM) — air-conditioning system and method;
- US 6,574,104 (HP) — supply plenum, variable-speed compressor/fan, per-rack cooling based on sensed temperatures.
- Motivation: these references establish (i) that the relevant system is a rack installation through which cooling air flows (claim 28(a)) and (ii) the design incentive to measure the temperature of cooling air supplied to, and return air exhausted from, racks. Deploying '127's addressable sensor network at the front and rear of a rack to measure differential air temperatures is the predictable application of a known sensor network to a known cooling problem, satisfying claim 27.
Combination D — Rack-assembly/trim references for claims 4, 5, 7, 13, 18
- US 6,577,498 (Sun), "Fully integrated computer racking system" and US 6,632,995 (Deutsche Telekom), "Control cabinet" supply integrated rack/cabinet structures and their mounting features, addressing the "means for receiving the modular sensor assembly" (claim 13: trim strip or apertures) and mounting of an elongated element to a rack.
- Claim 5's "decorative trim strip" configuration is, at most, a design/ornamental choice layered on the structure; absent evidence of unexpected function, it would likely be entitled to little patentable weight under In re Seid-type reasoning (change in shape/appearance with no functional difference). Similarly, the 0.010″-thick, 0.75″-wide plastic strip of the specification is a routine dimensional selection.
5. Claim-by-claim synthesis
| Claim | Combination that meets it | Why |
|---|---|---|
| 1 | '127 + '104 + ('977 or '290) | Addressable parallel-bus sensors ('127) + rack/environmental-monitoring application ('104/'290/'977); but see § 7 re the flexible body |
| 2 | + '977/'290 + a rack-modular connector ('498/'995) | Connector board interposed between sensor lead and central line |
| 3, 21 | + '104 network + '498/'995 racks | Rack-to-rack daisy-chain of connector boards to central system |
| 4, 5 | + '498/'995 | Rigid/outer covering as trim strip for a rack |
| 6 | + '712 (enclosure with access doors) | Mounting on a rack door |
| 7, 18 | + '127 (networked modules on a substrate/bus) | Segmented body with interconnecting wire |
| 8 | double-sided tape (routine) / '498 mounting features | Adhesive attachment |
| 9, 23, 24, 25 | '127 (two-wire bus; power over the same line) | Parallel data/ground bus with parasitic power — '127 teaches power+data on one medium; the '490 spec concedes DS18S20 1-wire operation is a commercial product |
| 10, 22 | '290 (temperature, humidity, airflow, liquid, particulate, door-opening sensors); '807 (smoke, water) | Markush groups are taught across these two references |
| 11 | '104 (rack) + '127 (parallel addressable sensors measuring local conditions) + '977/'290 (central system) | "Independently measure an environmental condition in the immediate vicinity" is inherent in distributed point sensors |
| 12, 13 | '498/'995 + '712 | Integrated rack mounting features |
| 14–17 | '104 + '807 + '127 | Front/rear/overhead placement of sensor assemblies on a rack |
| 19, 20 | '977 (network port) + '127 (bus) | Connector board, second sensor assembly |
| 26 | '290 ("working table" storing per-sensor location; alarms identifying "location and type of problem") + '104 | Spatial correlation of environmental conditions |
| 27 | '628 + '380 + '104 + '127 | Supply (cooling) air vs. return (exhaust) air temperature sensing |
| 28 | '104/'807 (rack body w/ airflow) + '127 (addressable sensors, digital output) + '977 (connector/central computer) | Digital output is expressly taught by '127's encoded digital data |
6. The patent's own admissions that narrow the gap
Several statements in the specification operate as admissions that reduce what the claims can be read to cover:
- The sensors are identified by name and model (Dallas/Maxim DS18S20-PAR) and are described as off-the-shelf products — an admission the sensing element, its addressing, and its parasitic powering are prior art.
- The Background admits the prior thermistor/thermocouple central-datalogger architecture and even describes monitoring systems "capable of measuring 60 … [some] expand to accommodate a thousand sensors." The stated problem (costly per-sensor wire runs, installation burden) and the stated solution (a common parallel bus of standard telecom-grade wiring) is precisely the problem/solution pair that '127 and the networked-monitoring art address.
- The '490 itself is described as "compatible with 'smart cooling' systems" — naming the '104 HP smart-cooling concept as the pre-existing host system, which is a strong signal that the claimed contribution is the sensor packaging, not the monitoring system.
Where the prior art itself supplies the problem and the solution, the combination is more likely obvious (In re Kemps; KSR).
7. Where the claims most likely survive — the genuine weak points of the § 103 case
I want to be candid about the limits of the above. The "elongate flexible body … configured to attach to a computer rack" limitation (claim 1(a); claim 11(b); claim 28(b)) is not squarely disclosed by any of the twenty cited references as I have been able to verify them. The cited references distribute individual sensors in cabinets, plenums, or rooms ('290), embed modules in composite structures ('127), or house a monitor in a standalone unit ('977/'807). None of them, on the record I retrieved, discloses a laminate strip of plastic with flat copper-foil conductors, sensors disposed along it, and a snap-rivet/trim-strip mounting to a rack (the FIGS. 2–3 structure).
Consequently:
- A § 103 challenge built only from the cited art must bridge that gap via the KSR "design incentives / predictable use of elements" route — arguing it was obvious to package a distributed sensor network as a flexible strip attachable to a rack in view of the admitted goals of low cost, easy installation, and minimal wire. That argument is colorable but not compelling on the cited record alone; it depends on the examiner/court accepting a general design-incentive rationale to supply an entire structural limitation, which is a recognized vulnerability.
- The most useful additional art to close the gap would be references disclosing a flexible tape/circuit strip bearing multiple distributed sensors (e.g., the later US 2006/0244616 "moisture sensing strips," which I exclude as non-prior-art, and analogous flex-circuit sensor strips). If such art has an effective date before 2004-06-29, claim 1(a) becomes exposable.
Additional, weaker patentee arguments worth noting:
- "Addressable sensors" vs. "addressable modules." Microstrain addresses ASMs (modules), whereas the '490 claims addressable individual sensors. A patentee could argue this is a distinction, though '127's modules each carry unique addresses and the '490 spec equates "addressable" with the factory-assigned DS18S20 code, so the distinction is thin.
- "Immediate vicinity" / "spatially-correlated" (claims 11(c), 26) may invite a construction dispute, but both are well supported by '290's location-tagged sensor table and '104's spatially distributed temperature sensing.
8. Secondary considerations (objective indicia)
I found no evidence of secondary considerations in the record available to me:
- No merits adjudication of validity — per the litigation sections, the CyrusOne and Digital Realty actions were dismissed with prejudice on joint, settled motions (Nov. 2024 / Jan. 2025) with "no merits ruling on the '490 patent," and no IPR/PGR on the '490 patent was located. There is thus no court or PTAB finding of non-obviousness to weigh.
- No unexpected results, no nexus evidence, no industry praise/long-felt-need evidence appears in the patent or in the sources retrieved. Any commercial success associated with HP/HPE "smart cooling" is more plausibly attributable to the cooling-control innovations of the '104 family and to unrelated market factors, weakening any nexus argument.
- The patent has expired (adjusted expiration 2026-04-23), further reducing the practical significance of any validity dispute.
9. Bottom line
- Strongest § 103 attack (Combination A): US 6,529,127 (Microstrain) + US 6,574,104 (HP smart cooling) + US 6,714,977 (Netbotz) or US 4,823,290 (Honeywell Bull) renders claims 1, 9, 11, 23, 24, 25, 26, and 28 obvious. '127 supplies the addressable parallel bus, digital encoding, and power-over-the-line; '104 supplies the rack/data-center monitoring application, the motivation, and a common inventor/assignee link; '977/'290 supply the central environmental-monitoring system with spatial correlation. Motivation is supplied by the same field, the admitted problem in the '490's own Background, predictable substitution of a known bus for a known point-to-point architecture, and market/design incentives.
- Combination B: US 6,100,807 (rack protection monitor) + '127 + '290 covers the "at a computer rack" element and claims 1/11/28.
- Combination C: '628 + '380 + '104 + '127 covers the cooling-air and supply/return-air aspects (claims 27–28).
- The decisive vulnerability is the "elongate flexible body … attachable to a computer rack" limitation, which none of the cited art appears to disclose outright. On the cited record alone, that limitation is the patent's best (though not unassailable) non-obviousness argument; a validity challenge would be materially stronger with additional flexible sensor-strip art predating 2004-06-29.
Explicit uncertainty flags.
- I verified the substance of US 6,529,127, US 6,574,104, US 6,714,977, US 4,823,290, and US 6,100,807 from retrieved text. For US 5,574,430, US 5,718,628, US 5,944,974, US 5,982,618, US 6,268,664, US 6,283,380, US 6,529,935, US 6,577,498, US 6,632,995, US 6,639,794, US 6,934,864, US 7,164,580, and US 4,589,712 I rely on titles and the Google Patents metadata only; my characterizations of them are inferences and should be confirmed against the references themselves before being used in a filed challenge.
- I have not confirmed the actual prosecution history (the examiner's reasons for allowance, or any IDS) of the '490 patent; that record would be necessary to know exactly how the cited art was overcome.
- I found no IPR/PGR or judicial validity determination on the '490 patent and therefore no contrary authority to weigh against the combinations above.
Generated 9/29/2026, 3:45:39 PM
Extensions
Patent term adjustments, term extensions, continuations, divisionals, family members, and expiration dates.
Derivative works
Defensive disclosure: derivative variations of each claim designed to render future incremental improvements obvious or non-novel.
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- US 7289772I'll search for authoritative information on this patent, including any 2026 litigation activity. US Patent 7,289,772 — Summary Note on identifiers: I interpreted "7289772" literally as US 7,289,772 B1. I did not find any CAFC 2026 docket…
This patent in court (11)
11 tracked lawsuits name US 7339490.