DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of the Claims
The status of the claims as filed in the reply dated 8/21/2024 are as follows:
Claim 10 is canceled,
Claims 1-9 and 11-23 are currently pending.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-4, 7, 8, 11-15, and 17-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Belcher (U.S. Patent No. 4,962,809) in view of Persson et al. (U.S. Patent No. 4,479,533, “Persson”).
Regarding claim 1, Belcher discloses a heat exchanger (figs 1-5) comprising:
a first conduit module (18) for a first flow of a first fluid, the first conduit module comprising a plurality of first tubes (18) each wound in a respective path that gradually widens or tightens about a longitudinal axis of the heat exchanger (fig 2) and each spaced from one another in rows along the longitudinal direction of the heat exchanger (see annotated fig 1 below);
a first fluid flow path (see annotated fig 1 below) for a third flow of a third fluid in heat exchange with the first fluid, wherein the first fluid flow path extends in a substantially radial direction of the heat exchange (see fig 1).
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However, Belcher does not explicitly disclose wherein a second conduit module for a second flow of a second fluid, the second conduit module comprising a plurality of second tubes each wound in a respective path that gradually widens or tightens about the longitudinal axis of the heat exchanger and each spaced from one another in rows along the longitudinal direction of the heat exchanger, wherein the second conduit module is fluidly isolated from the first conduit module; and
wherein the first conduit module and the second conduit module are nested with one another,
a third flow of a third fluid in heat exchange with the first and second fluids.
Persson, however, disclose a heat exchanger (figs 1 and 2) wherein a second conduit module (10) is provide for a second flow of a second fluid (water), the second conduit module comprising a plurality of second tubes (10) each wound in a respective path that gradually widens or tightens about the longitudinal axis of the heat exchanger (2) and each spaced from one another in rows along the longitudinal direction of the heat exchanger (fig 1), wherein the second conduit module is fluidly isolated from the first conduit module (9); and
wherein the first conduit module and the second conduit module are nested with one another (fig 2),
a third flow of a third fluid (entering via 11 and exiting via 15) in heat exchange with the first and second fluids.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for Belcher to provide the second conduit module in order to allow cooling or heating of an additional fluid.
Regarding claim 2, the combination of Belcher and Persson discloses all previous claim limitations. Belcher, as modified, further discloses wherein at least a portion of the first conduit module follows a first spiral path and at least a portion of the second conduit module follows a second spiral path (such as taught by Persson with first and second flow paths 9/10).
Regarding claim 3, the combination of Belcher and Persson discloses all previous claim limitations. Belcher further discloses wherein the first spiral path (of 18) comprises a curved sections (fig 2).
Regarding claim 4, the combination of Belcher and Persson discloses all previous claim limitations. Belcher further discloses wherein the first spiral path (of 18) is circular (fig 2).
Regarding claim 7, the combination of Belcher and Persson discloses all previous claim limitations. Belcher, as modified, further discloses wherein the first conduit module ( 9, Persson) comprises an inlet (to 5, Persson) and an outlet (to 6, Persson), and the second conduit module (10, Persson) comprises an inlet (7, Persson) and an outlet (to 8, Persson), wherein the inlet of the first conduit module is spaced apart from the outlet of the first conduit module in the radial direction of the heat exchanger (see annotated fig 2 below, Persson), and the inlet of the second conduit module is spaced apart from the outlet of the second conduit module in the radial direction of the heat exchanger (see annotated fig 2 below, Persson).
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Regarding claim 8, the combination of Belcher and Persson discloses all previous claim limitations. Belcher, as modified, further discloses wherein the first conduit module ( 9, Persson) comprises an inlet (from 5, Persson) and an outlet (to 6, Persson), and the second conduit module (to 10, Persson) comprises an inlet (from 7, Persson) and an outlet (to 8, Persson), wherein the inlet of the first conduit module is spaced apart from the inlet of the second conduit module in the radial direction of the heat exchanger (see annotated fig 2 below).
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Regarding claim 11, the combination of Belcher and Persson discloses all previous claim limitations. Belcher, as modified, further discloses wherein the heat exchanger comprises a plurality of the first conduit modules (9, annotated fig 2 below. Persson) and a plurality of the second conduit modules (10, see annotated fig 2 below Persson), wherein at least a portion of each of the plurality of the first conduit modules and at least a portion of each of the plurality of the second conduit modules are nested with one another in an alternating manner (see annotated fig 1 below of Persson).
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Regarding claim 12, the combination of Belcher and Persson discloses all previous claim limitations. Belcher, as modified, further discloses wherein the plurality of the first conduit modules (9, Persson) and the plurality of the second conduit modules (10, Persson) are orientated such that their respective inlets and outlets are angularly spaced relative to one another (see annotate fig 2 of Persson).
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Regarding claim 13, the combination of Belcher and Persson discloses all previous claim limitations. Belcher, as modified, further discloses wherein the heat exchanger further comprises a first inlet manifold (5, Persson) in fluid communication with the inlets (from 5, Persson) of each of the first conduit modules, a first outlet manifold (6, Persson) in fluid communication with the outlets (from 6) of each of the plurality of first conduit modules, a second inlet manifold (7, Persson) in fluid communication with the inlets (from 7, Persson) of each of the plurality of second conduit modules (10, Persson), and a second outlet manifold (8, Persson) in fluid communication with the outlets (from 8, Persson) of each of the plurality of second conduit modules.
Regarding claim 14, the combination of Belcher and Persson discloses all previous claim limitations. Belcher, as modified, further discloses wherein each of the first inlet manifold (5, Persson), the first outlet manifold (6, Persson), the second inlet manifold (7, Persson) and the second outlet manifold (8, Persson) is annular in shape (as they form a ring, see fig 2 of Persson and fig 2 of Belcher).
Regarding claim 15, the combination of Belcher and Persson discloses all previous claim limitations. Belcher further discloses wherein the heat exchanger further comprises one or more valves (21, 25, 26, 27) arranged within the first conduit module, the one or more valves being configured to selectively alter the first flow of the first fluid in the first conduit module (see figs 4 and 5).
Regarding claim 17, the combination of Belcher and Persson discloses all previous claim limitations. Belcher, as modified, further discloses wherein the first conduit module contains the first fluid, the second conduit module contains the second fluid, and the first fluid flow path contains the third fluid (see rejection of claim 1).
Regarding claim 18, the combination of Belcher and Persson discloses all previous claim limitations. Belcher further discloses vehicle, such as an aircraft, flying machine or automobile, comprising a heat exchanger as claimed in claim 1 (col 1, lines 4-6).
Regarding claim 19, the combination of Belcher and Persson discloses all previous claim limitations. Belcher further discloses a method of operating the heat exchanger as claimed in claim 17, the method comprising:
heating or cooling the first fluid and heating or cooling the second fluid by causing the first fluid to flow through the first conduit module, the second fluid to flow through the second conduit module, and the third fluid to flow through the first fluid flow path (see rejection of claim 1, as the fluids would either be heated or cooled).
Regarding claim 20, the combination of Belcher and Persson discloses all previous claim limitations. However, they do not explicitly disclose a means for forcing the third fluid to flow through the first fluid flow path. However, the Examiner takes Official Notice that it is old and well known in the art of heat exchanger to provide means such as a fan for forcing air through a flow path and would have been obvious to a person of ordinary skill in the art in order to ensure heat exchange.
Claim(s) 5, 6, and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Belcher and Persson as applied to claim 1 above, and further in view of Steinbauer et al. (U.S. Patent Publication No. 2008/0271880, “Steinbauer”).
Regarding claim 5, the combination of Belcher and Persson discloses all previous claim limitations. However, they do not explicitly disclose wherein the first conduit module has an inner diameter and an outer diameter, and the second conduit module has an inner diameter and an outer diameter, wherein the inner diameter of the first conduit module is different to the inner diameter of the second conduit module and/or the outer diameter of the first conduit module is different to the outer diameter of the second conduit module. Steinbauer, however, discloses a heat exchanger
Steinbauer, however, discloses a heat exchanger (fig 1) wherein a first tube bundle has an inner diameter and an outer diameter, and the second tube bundle has an inner diameter and an outer diameter, wherein the inner diameter of the first tube bundle is different to the inner diameter of the second tube bundle (¶0018). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for Belcher, as modified, to provide inner diameters that are different to optimize to thermal requirements for each fluid (see ¶0019 of Steinbauer).
Regarding claim 6, the combination of Belcher and Persson discloses all previous claim limitations. However, they do not explicitly disclose wherein the first conduit module comprises a first material and the second conduit module comprises a second material that is different to the first material. Steinbauer, however, discloses a heat exchanger (fig 1) wherein the first tube bundle comprises a first material and the second conduit module comprises a second material that is different to the first material (see claim 19). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for Belcher, as modified, to provide materials that are different to optimize to thermal requirements for each fluid (see ¶0019 of Steinbauer).
Regarding claim 9, the combination of Belcher and Persson discloses all previous claim limitations. However, they do not explicitly disclose wherein the heat exchanger further comprises a third conduit module for a fourth flow of a fourth fluid in heat exchange with the third fluid, wherein the third conduit module is fluidly isolated from the first conduit module and the second conduit module, and wherein at least a portion of the third conduit module is arranged in a path that gradually widens or tightens about the longitudinal axis of the heat exchanger and is nested with the first and second conduit modules. Steinbauer, however, discloses a heat exchanger (fig 1) wherein a third conduit module (7) for a fourth flow of a fourth fluid in heat exchange with the third fluid, wherein the third conduit module is fluidly isolated from a first conduit module ( 8) and a second conduit module ( 9). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for Belcher, as modified, to provide a third conduit module such as taught by Steinbauer in order to allow heating/cooling of fourth fluid. It would have been further obvious to have at least a portion of the third conduit module is arranged in a path that gradually widens or tightens about the longitudinal axis of the heat exchanger and is nested with the first and second conduit modules (such as the first and second modules).
Claim(s) 16 and 21-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Belcher and Persson as applied to claim 1 above, and further in view of Katoh (U.S. Patent Publication NO. 2014/0290296).
Regarding claim 16, the combination of Belcher and Persson discloses all previous claim limitations. Belcher further discloses wherein the first fluid is refrigerant and the third fluid is air (col 3, lines 20-38). However, they do not explicitly disclose herein the first fluid is one of water, oil or refrigerant, wherein the second fluid is a different one of water, oil or refrigerant, and wherein the third fluid is air. Katoh, however, discloses a heat exchanger (4, fig 1) wherein a first fluid is water, a second fluid is water and a third fluid is refrigerant (¶0195). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for Belcher, as modified, to provide the heat exchanger in the system of Katoh in order to remove heat from a motor and refrigerant.
Regarding claim 21, the combination of Belcher, Persson, and Katoh discloses all previous claim limitations. Belcher, as modified, further discloses a method of operating the heat exchanger as claimed in claim 16, wherein the first conduit module contains the first fluid, the second conduit module contains the second fluid, and the first fluid flow path contains the third fluid (see rejection of claim 1), the method comprising:
heating or cooling the first fluid and heating or cooling the second fluid by causing the first fluid to flow through the first conduit module, the second fluid to flow through the second conduit module, and the third fluid to flow through the first fluid flow path (as the fluids would either be heated or cooled); and
altering the direction of flow in the first conduit module (via 8 of Katoh, see ¶0088).
Regarding claim 22, the combination of Belcher, Persson, and Katoh discloses all previous claim limitations. Belcher, as modified, further discloses wherein the method further comprises stopping the flow in one of the first conduit module (via 8 of Katoh) while maintaining flow in the second conduit module (such as taught with refrigerant line 2 of Katoh, see ¶0080) and then subsequently starting the flow in said one of the first conduit module (such as taught by Katoh, see ¶0088).
Regarding claim 23, the combination of Belcher, Persson, and Katoh discloses all previous claim limitations. Belcher, as modified, further discloses wherein the method further comprises operating the heat exchanger in one or more modes of operation, wherein in at least one of the modes of operation the flow in first conduit module may be stopped (via 8 of Katoh, see ¶0088).
Response to Arguments
Applicant’s arguments, see pages 7-11, filed 8/21/2024, with respect to the rejection(s) of claim(s) 1-23 under 103(a) have been fully considered and are persuasive. Specifically, the argument that Horoszczak does not qualify as prior art is found persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view Belcher and Persson.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HARRY E ARANT whose telephone number is (571)272-1105. The examiner can normally be reached Monday-Friday 10-6 ET.
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/HARRY E ARANT/ Primary Examiner, Art Unit 3763
