Prosecution Insights
Last updated: April 19, 2026
Application No. 17/770,950

DEVICE WITH A HEAT EXCHANGER

Non-Final OA §102§103§112
Filed
Apr 21, 2022
Examiner
DEEAN, DEEPAK A
Art Unit
3762
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Ecool Advanced Urban Engineering GmbH
OA Round
1 (Non-Final)
49%
Grant Probability
Moderate
1-2
OA Rounds
3y 9m
To Grant
92%
With Interview

Examiner Intelligence

Grants 49% of resolved cases
49%
Career Allow Rate
198 granted / 406 resolved
-21.2% vs TC avg
Strong +43% interview lift
Without
With
+42.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 9m
Avg Prosecution
22 currently pending
Career history
428
Total Applications
across all art units

Statute-Specific Performance

§101
0.7%
-39.3% vs TC avg
§103
44.3%
+4.3% vs TC avg
§102
22.5%
-17.5% vs TC avg
§112
28.3%
-11.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 406 resolved cases

Office Action

§102 §103 §112
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 . Election/Restrictions Claims 11 and 24 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 06/17/2025. The traversal is on the ground(s) that the present invention Seidel differs from the present invention. This is not found persuasive because applicant argues that Seidel’s likes 58 and 62 are not attached to the first flow line 70. Examiner respectfully disagrees. Applicant’s arguments page 4 asserts that likes 58 and 62 are connected to line 70 by way of intervening elements 6’, 66, 24, 74, and 30. Examiner agrees with the interpretation of Seidel that lines 58 and 62 are connected to line 70 by the way of intervening elements. Nothing in the claims excludes such an interpretation from meeting the claimed subject matter. The claims utilize broad open-ended terminology “with” and “attached”. Applicant further argues that Nathan’s attached parabolic mirror and receiving window are not attached to The requirement is still deemed proper and is therefore made FINAL. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 18 and 19 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Regarding claims 18 and 19, the phrase "fin-like" renders the claim(s) indefinite because the claim(s) include(s) elements not actually disclosed (those encompassed by "fin-like"), thereby rendering the scope of the claim(s) unascertainable. See MPEP § 2173.05(d). Claim Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. Claim(s) 1, 2, 3, 5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Seidel US 4167856. Regarding claim 1, Seidel US4167856 discloses a device with a heat exchanger (Fig. 1, heat exchanger 2) with a first flow (corresponding to line 70), through which a first gaseous heat transfer medium passes, and with a second flow (corresponding to line 50), through which a second gaseous heat transfer medium passes, wherein upstream from the first flow, there is arranged a combustion chamber (combustion chamber 12), wherein two feed lines are attached to the first flow (Fig. 1), the first feed line of which is connected to a thermal solar installation (line 58, solar heater 56) and the second feed line is connected to a source for a combustible gas-air mixture or for a non-combustible gas (at least line 60 provides compressed air). Regarding claim 2, Seidel further teaches the device according to claim 1, wherein a valve is arranged in the second feed line (valve 16), which valve connects the second feed line to a line to the thermal solar installation and interrupts the connection of the second feed line to the heat exchanger or controls the flow through the second feed line (valve 16, Fig. 1). Regarding claim 3, Seidel further teaches the device according to claim 1, wherein a first cutoff valve or control valve is arranged in the first feed line (valve 22), and wherein a second cutoff valve or control valve is arranged in a line to the thermal solar installation or in the second feed line (valve 16). Regarding claim 5, Seidel further teaches the device according to claim 1, wherein a system is provided for feeding fuel directly into the combustion chamber (fuel tank 14). 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) 4, 6, 7, 12, 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Seidel US4167856 in view of Hofbauer et al. US20150300689 . Regarding claim 4, Seidel does not expressly disclose the device according to claim 1, wherein an igniting system is arranged in the combustion chamber. Hofbauer et al. US20150300689 teaches a heat exchanger combined with a solar heating device and a combustion chamber (abstract, Fig. 1) wherein an ignition system is provided in the combustion chamber (Fig. 1, ignitor 44, combustion chamber 24). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the prior at device with an ignitor in the combustion chamber, as taught by Hofbauer, since doing so amounts to a known modification in similar systems in the art with the known predictable results of starting combustion. Regarding claim 6, Seidel does not expressly disclose the device according to claim 1, wherein the solar installation has a concave mirror. Hofbauer et al. US20150300689 teaches a heat exchanger combined with a solar heating device and a combustion chamber (abstract, Fig. 1) wherein the solar installation has a concave mirror (Fig. 6 and Fig. 7, ¶38). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the prior art device with a concave mirror, as taught by Hofbauer, since doing so amounts to a simple substitution of known solar thermal devices in the art with the known predictable result of providing concentrated solar radiation. Regarding claim 7, the previously combined references teach the device according to claim 6, wherein the concave mirror has a mirror surface that is parabolically and/or conically curved at least in sections (Hofbauer, ¶38, Fig. 6). Regarding claim 12, Seidel does not expressly disclose the device according to claim 6, further comprising a heating head, which is arranged in an operating position in the interior of the concave mirror. Hofbauer et al. US20150300689 teaches a heat exchanger combined with a solar heating device and a combustion chamber (abstract, Fig. 1) wherein the solar installation has a concave mirror (Fig. 6 and Fig. 7, ¶38), further comprising a heating head, which is arranged in an operating position in the interior of the concave mirror (Fig. 6, head 306). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the prior art device with a concave mirror and head, as taught by Hofbauer, since doing so amounts to a simple substitution of known solar thermal devices in the art with the known predictable result of providing concentrated solar radiation. Regarding claim 14, the previously combined references teach the device according to claim 12, wherein the heating head has a rotationally-symmetrical shape (Hofbauer, ¶38, Fig. 3 and Fig. 6). Claim(s) 13, 15, 16, 20, 21, 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Seidel US4167856 in view of Hofbauer et al. US20150300689 in view of Annett US4137903. Regarding claim 13, The previously combined reference do not expressly disclose the device according to claim 12, wherein the heating head is arranged on the end of a holding device, which has two concentric pipes, which between them form an annular gap and wherein the feeding of the cooler, gaseous heat transfer medium to the heating head is done through the annular gap and the removal of the hotter, gaseous heat transfer medium is done through the inner pipe. Annett US4137903 teaches a solar heat absorber comprising a heating head arranged on a holding device (Fig. 1 and Fig. 4) wherein the holding device has two concentric pipes for inlet and outlet of the heat transfer fluid (Fig. 4 depicts the concentric pipes 108 and 109). Annet teaches this as an alternate embodiment to the non-concentric pipes of Fig. 1. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the prior art device with concentric pipes, as taught by Annet, since doing so amounts to a simple substation of known heating pipe arrangements for solar collectors with the known predictable result of allowing flow of fluid in and out of the heat absorber. Regarding claim 15, The previously combined reference do not expressly disclose the device according to claim 12, wherein the heating head has an annular gap, through which the heat transfer medium is routed and which is matched to the outside contour of the heating head. Annett US4137903 teaches a solar heat absorber comprising a heating head arranged on a holding device (Fig. 1 and Fig. 4) wherein the holding device has two concentric pipes for inlet and outlet of the heat transfer fluid (Fig. 4 depicts the concentric pipes 108 and 109). Concentric pipe defines an annular gap through which fluid flows. Examiner interprets Fitting 106 as a portion of the heating head and correspondingly that the shape of the annular gap matches an outside contour of at least a portion of the heating head. Annet teaches this as an alternate embodiment to the non-concentric pipes of Fig. 1. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the prior art device with concentric pipes, as taught by Annet, since doing so amounts to a simple substation of known heating pipe arrangements for solar collectors with the known predictable result of allowing flow of fluid in and out of the heat absorber. Regarding claim 16, The previously combined reference do not expressly disclose the device according to claim 15, wherein the annular gap in the heating head is in extension of the annular gap of the holding device. Annett US4137903 teaches a solar heat absorber comprising a heating head arranged on a holding device (Fig. 1 and Fig. 4) wherein the holding device has two concentric pipes for inlet and outlet of the heat transfer fluid (Fig. 4 depicts the concentric pipes 108 and 109). Concentric pipe defines an annular gap through which fluid flows. Examiner interprets Fitting 106 as a portion of the heating head and correspondingly that the shape of the annular gap matches an outside contour of at least a portion of the heating head. Annet further teaches that this annular gap is formed by an extension or fitting 106 which is inserted in the annular gap of fitting 111. Annet teaches this as an alternate embodiment to the non-concentric pipes of Fig. 1. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the prior art device with concentric pipes, as taught by Annet, since doing so amounts to a simple substation of known heating pipe arrangements for solar collectors with the known predictable result of allowing flow of fluid in and out of the heat absorber. Regarding claim 20, the previously combined references teach the device according to claim 16, wherein the concave mirror is arranged to move relative to the holding device (Hofbauer, Fig. 6 and Fig. 7). Regarding claim 21, the previously combined references teach the device according to claim 13, wherein the concave mirror is arranged to pivot relative to the holding device (Hofbauer, Fig. 6 and Fig. 7). Regarding claim 22, the previously combined references teach the device according to claim 13, wherein the holding device is arranged to be stationary (Hofbauer, Fig. 6 and Fig. 7). Regarding claim 23, the previously combined references teach the device according to claim 13, wherein the concave mirror has a slot that is arranged along a generatrix of the concave mirror, and wherein the holding device is run through the slot (Hofbauer, annotated Fig. 6 below). PNG media_image1.png 566 916 media_image1.png Greyscale Claim(s) 8, 9, 10, 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Seidel US4167856 in view of Hofbauer et al. US20150300689 in view of Hui et al. US20130327371 Regarding claim 8, The previously combined references do not expressly disclose the device according to claim 6, wherein the mirror surface is formed at least in part from adjustable sections. Hui et al. US20130327371 teaches a collapsible reflector (abstract) useful in solar collators (abstract) formed at least in part from adjustable sections (Fig. 1, sections 10) which provides the benefit of allowing the reduction in size when not in use and easier transportation (abstract). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the prior art device with a collapsible reflector, as taught by Hui, since doing so amounts to a simple substitution of known reflectors with the known predictable results of allowing the reduction in size when not in use and easier transportation Regarding claim 9, The previously combined references do not expressly disclose the device according to claim 8, wherein on the device's base, the concave mirror has a bowl with a parabolic mirror surface and wherein the adjustable sections are mounted on the bowl. Hui et al. US20130327371 teaches a collapsible reflector (abstract) useful in solar collators (abstract) formed at least in part from adjustable sections (Fig. 1, sections 10) which provides the benefit of allowing the reduction in size when not in use and easier transportation (abstract). Hui teaches the concave mirror has a bowl (petal holder 112) with a parabolic mirror surface (Fig. 1 ¶14), and wherein the adjustable sections are mounted on the bowl (Fig. 1, ¶28) It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the prior art device with a collapsible reflector, as taught by Hui, since doing so amounts to a simple substitution of known reflectors with the known predictable results of allowing the reduction in size when not in use and easier transportation Regarding claim 10, the previously combined references teach the device according to claim 9, wherein the adjustable sections are fins that extend essentially in the direction of the generatrixes (Hui, Fig. 1 and Fig. 2) and that are hinged to the bowl via pivot bearings (Hui, spines 110, ¶27). Regarding claim 11, the previously combined references teach the device according to claim 9, wherein the adjustable sections are annular fins that, starting from the bowl, are aligned in the direction of the axis of the paraboloid (Hui, Fig. 1, Fig. 2). Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Seidel US4167856 in view of Hofbauer et al. US20150300689 in view of Kidwell et al. US20070017243 Regarding claim 17, Seidel does not expressly disclose the device according to claim 12, wherein wall surfaces of the annular gap are rough or uneven, so that a turbulent flow of the heat transfer medium in the annular gap is produced. Kidwell et al. US20070017243 teaches improvements in structures for coaxial flow heat exchangers (abstract) wherein wall surfaces of the coaxial conduit is provided with an uneven surface (¶8, Fig. 2) thereby creating turbulent flow and increasing heat transfer (¶9) It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the prior art device with an uneven surface, as taught by Kidwell, since doing so amounts to a known technique for improving heat exchanging devices with the known predictable result of creating turbulent flow and increasing heat transfer. Claim(s) 18, 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Seidel US4167856 in view of Hofbauer et al. US20150300689 in view of Goodman US4452233 Regarding claim 18, Seidel does not expressly disclose the device according to claim 12, wherein an outside wall of the heating head has fin-like projections. Goodman US4452233 teaches a heating heat for a solar energy collector (Fig. 4) wherein an outside wall of the heating head has fin-like projections (Fig. 4, ridges 34) providing for a helical flow which increases heat transfer (abstract). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the prior art device with helical ridges as taught by Goodman since doing so amounts to a known technique for improving heats of solar energy collectors with the known predictable result of improving heat transfer. Regarding claim 19, the previously combined references teach the device according to claim 18, wherein flow channels are arranged in the fin like projections (Goodman, abstract, Fig. 4). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Deepak Deean whose telephone number is (571)270-3347. The examiner can normally be reached M-Th 10-4. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Edelmira Bosques can be reached at (571)270-5614. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /DEEPAK A DEEAN/Examiner, Art Unit 3762 /EDELMIRA BOSQUES/Supervisory Patent Examiner, Art Unit 3762
Read full office action

Prosecution Timeline

Apr 21, 2022
Application Filed
Oct 18, 2025
Non-Final Rejection — §102, §103, §112 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
49%
Grant Probability
92%
With Interview (+42.9%)
3y 9m
Median Time to Grant
Low
PTA Risk
Based on 406 resolved cases by this examiner. Grant probability derived from career allow rate.

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