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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 3/3/2026 has been entered.
Status of the Claims
The status of the claims as filed in reply dated 2/6/2026 are as follows:
Claims 1 and 22 are amended,
Claims 2-4, 6, 16-17, and 21 are canceled,
Claims 1, 5, 7-15, 18-20, and 22-30 are currently pending.
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.
Claims 1, 5, 7-15, 18-20 and 22-30 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hörte (US 7,690,420, previously cited).
Regarding claim 1, Hörte discloses a plate heat exchanger (Fig 1), comprising:
a plurality of heat exchange plates (A, B), the plurality of heat exchange plates being arranged in a stacking direction to form a plurality of heat exchange spaces (1, 2), and the plurality of heat exchange plates comprising a plurality of first heat exchange plates (B) and a plurality of second heat exchange plates (A); and
a port (6) formed in the heat exchange plates, the port communicating with a predetermined heat exchange space of the plurality of heat exchange spaces (Fig 3),
wherein the first heat exchange plate comprises:
a first heat exchange plate main body (Fig 7);
a first opening (5) formed in the first heat exchange plate main body for forming the port; and
a first annular protrusion (22, fig 5) surrounding the first opening, adjoining the first opening and protruding from the first heat exchange plate main body toward a first side in the stacking direction (see annotated fig 3 below);
the second heat exchange plate comprises:
a second heat exchange plate main body (Fig 6);
a second opening (5) formed in the second heat exchange plate main body for forming the port; and
a second annular protrusion (24, fig 4) surrounding the second opening, adjoining the second opening and protruding from the second heat exchange plate main body toward a second side opposite to the first side in the stacking direction (see annotated fig 3 below),
a communicating hole (13) formed in at least some of the first heat exchange plates (Fig 5), wherein the port communicates with the predetermined heat exchange space (1, 2) through the communicating hole (Fig 3),
the first annular protrusion (22) of the first heat exchange plate comprises: an annular first portion (see annotated fig 5 below) extending from the first heat exchange plate main body toward the first side (fig 3); and an annular second portion (flat portion) extending inwardly from the annular first portion, the annular second portion of the first annular protrusion having a surface facing the first side (fig 3),
the second annular protrusion (24) of the second heat exchange plate comprises: an annular first portion (see annotated fig 4 below) extending from the second heat exchange plate main body toward the second side (see annotated fig 3 below); and an annular second portion (flat portion) extending inwardly from the annular first portion of the second annular protrusion of the second heat exchange plate, the second portion of the second annular protrusion having a surface facing the second side (fig 3),
the surface of the second portion of the first annular protrusion and the surface of the second portion of the second annular protrusion adjacent to each other are in at least partial contact to form a seal over at least one part of a circumferential length of the surface of the second portion of the first annular protrusion and the surface of the second portion of the second annular protrusion (see annotated fig 3 below),
projections (shown in figs 6 and 7) of the second portion (flat portion) of the first annular protrusion and the second portion (flat portion) of the second annular protrusion on a plane perpendicular to the stacking direction have an annular inner overlapping portion (see annotated fig 3 below),
a projection of the communicating hole (13) on the plane perpendicular to the stacking direction is outside the annular inner overlapping portion (see annotated fig 3 below),
the first heat exchange plate further comprises an annular portion (21) surrounding the first annular protrusion (22), the annular portion of the first heat exchange plate has a surface facing the second side (bottom of the plate), the second heat exchange plate further comprises an annular portion (23) surrounding the second annular protrusion, the annular portion of the second heat exchange plate has a surface facing the first side (top of the plate), and the surface of the annular portion of the first heat exchange plate and the surface of the annular portion of the second heat exchange plate adjacent to each other are in at least partial contact to form a seal (fig 3), and
the plate heat exchanger is configured such that a first heat exchange medium is arranged to flow in the predetermined heat exchange space (1) and a second heat exchange medium is arranged to flow in a heat exchange space (2) of the plurality of heat exchange spaces arranged on an opposite side of a heat exchange plate defining the predetermined heat exchange space.
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Regarding claim 5, Hörte further discloses that at least one part of the projection (shown in figs 6 and 7) of the annular second portion (flat portion of 22) of the first annular protrusion on the plane perpendicular to the stacking direction (see annotated fig 3 below) is outside the projection of the annular second portion (flat portion of 24) of the second annular protrusion in the plane perpendicular to the stacking direction (see annotated fig 3 below).
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Regarding claim 7, Hörte further discloses that projections (shown in figs 6 and 7) of the annular portion (21) of the first heat exchange plate (B) and the annular portion (23) of the second heat exchange plate (A) on the plane perpendicular to the stacking direction have an annular outer overlapping portion (see annotated fig 3 below), and
the projection (shown in figs 6 and 7) of the communicating hole (13) on the plane perpendicular to the stacking direction is inside the annular outer overlapping portion (see annotated fig 3 below).
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Regarding claim 8, Hörte further discloses that at least one part of the projection (shown in figs 6 and 7) of the annular portion (23) of the second heat exchange plate (A) on the plane perpendicular to the stacking direction is inside the projection (shown in figs 6 and 7) of the annular portion (21) of the first heat exchange plate (B) in the plane perpendicular to the stacking direction (see annotated fig 3 below).
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Regarding claim 9, Hörte further discloses that the communicating hole (13) is in the second portions (flat portion of 22) of the first annular protrusions of at least some of the first heat exchange plates (B).
Regarding claim 10, Hörte further discloses that the first annular protrusion (22) of the first heat exchange plate (B) has a circular annular shape (Fig 7), the second annular protrusion (24) of the second heat exchange plate (A) has a circular annular shape (Fig 6), and an outer diameter of the first annular protrusion of the first heat exchange plate is larger than an outer diameter of the second annular protrusion of the second heat exchange plate (as evident in figure fig 4 and fig 5).
Regarding claim 11, Hörte further discloses that the annular portion (21) of the first heat exchange plate (B) has a circular annular shape (Fig 7), the annular portion (23) of the second heat exchange plate (A) has a circular annular shape (Fig 6), and an inner diameter of the annular portion of the second heat exchange plate is smaller than an inner diameter of the annular portion of the first heat exchange plate (as evident in figs 4 and 5).
Regarding claim 12, Hörte further discloses that the annular portion (21) of the first heat exchange plate (B) adjoins the annular first portion (see annotated fig 4 below) of the first annular protrusion (24) of the first heat exchange plate (A), and the annular portion (23) of the second heat exchange plate (B) adjoins the annular first portion (see annotated 4 below) of the second annular protrusion (24) of the second heat exchange plate (B).
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Regarding claim 13, Hörte further discloses that the first annular protrusion (22) of the first heat exchange plate (B) comprises an annular protrusion main body (see annotated fig 7 below) and a communicating protrusion (see annotated fig 7 below) extending outwardly from the annular protrusion main body (see annotated fig 7 below); and at least one part of a projection (shown in figs 6 and 7) of the communicating protrusion of the first annular protrusion on the plane perpendicular to the stacking direction is outside the projection (shown in figs 6 and 7) of the second portion (flat portion of 24) of the second annular protrusion on the plane perpendicular to the stacking direction (see annotated fig 3 above), and the projection (shown in figs 6 and 7) of the communicating hole (13) on the plane perpendicular to the stacking direction is in the at least one part of the projection of the communicating protrusion of the first annular protrusion (Figs.3 and 7).
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Regarding claim 14, Hörte further discloses that the annular protrusion main body (see annotated fig 7 above) of the first annular protrusion (22) of the first heat exchange plate (B) has a circular annular shape (Fig.7), the second annular protrusion (24) of the second heat exchange plate (A) has a circular annular shape (Fig.6), and an outer diameter of the annular protrusion main body of the first annular protrusion of the first heat exchange plate is substantially equal to an outer diameter of the second annular protrusion of the second heat exchange plate (Fig.3); and the projection of the communicating protrusion (see annotated fig 7 above) of the first annular protrusion on the plane perpendicular to the stacking direction is outside the projection of the second portion of the second annular protrusion on the plane perpendicular to the stacking direction (Fig.3), and the projection of the communicating hole (13) on the plane perpendicular to the stacking direction is in the projection of the communicating protrusion of the first annular protrusion (Fig.3).
Regarding claim 15, Hörte further discloses that the communicating hole (13) is a plurality of communicating holes, and the communicating protrusion is a plurality of spaced communicating protrusions (Fig.3).
Regarding claim 18, Hörte further discloses that the annular first portion of the first annular protrusion of the first heat exchange plate (B) extends obliquely (as it is at an angle) from the first heat exchange plate main body (fig 7) toward the first side (see annotated fig 3 above), and the second portion (21) of the first annular protrusion of the first heat exchange plate extends inwardly from the annular first portion (flat portion of 22) of the first annular protrusion of the first heat exchange plate substantially parallel to the first heat exchange plate main body (Fig 3); and the annular first portion (see annotated fig 4 above) of the second annular protrusion (24) of the second heat exchange plate (A) extends obliquely (as it is an angle) from the second heat exchange plate main body toward the second side (see annotated fig 3 above), and the second portion (flat portion of 24) of the second annular protrusion of the second heat exchange plate (A) extends inwardly from the annular first portion of the second annular protrusion of the second heat exchange plate substantially parallel to the second heat exchange plate main body (Fig 3).
Regarding claim 19, Hörte discloses that the second portion of the first annular protrusion of the first heat exchange plate (B) adjoins the first opening (5), and the second portion of the second annular protrusion of the second heat exchange plate adjoins the second opening (Fig.3).
Regarding claim 20, Hörte further discloses that the plurality of first heat exchange plates (B) and the plurality of second heat exchange plates (A) are alternately arranged in the stacking direction (Fig 3).
Regarding claim 22, Hörte discloses a plate heat exchanger (Fig 1), comprising:
a plurality of heat exchange plates (A, B), the plurality of heat exchange plates being arranged in a stacking direction to form a plurality of heat exchange spaces (1, 2), and the plurality of heat exchange plates comprising a plurality of first heat exchange plates (B) and a plurality of second heat exchange plates (A); and
a port (6) formed in the heat exchange plates, the port communicating with a predetermined heat exchange space of the plurality of heat exchange spaces,
wherein the first heat exchange plate comprises:
a first heat exchange plate main body (Fig.7);
a first opening (5) formed in the first heat exchange plate main body for forming the port; and
a first annular protrusion (22) surrounding the first opening, adjoining the first opening and protruding from the first heat exchange plate main body toward a first side in the stacking direction (Fig.5);
the second heat exchange plate comprises:
a second heat exchange plate main body (Fig.6);
a second opening (5) formed in the second heat exchange plate main body for forming the port; and
a second annular protrusion (24) surrounding the second opening, adjoining the second opening and protruding from the second heat exchange plate main body toward a second side opposite to the first side in the stacking direction (Fig 4),
a communicating hole (13) formed in at least some of the first heat exchange plates (Fig.5), wherein the port communicates with the predetermined heat exchange space through the communicating hole (Fig 3),
the first annular protrusion of the first heat exchange plate comprises: an annular first portion (see annotated fig 5 below) extending from the first heat exchange plate main body toward the first side (see annotated fig 3 below); and an annular second portion (flat portion extending inwardly from the annular first portion, the second portion of the first annular protrusion having a surface facing the first side (flat portion);
the second annular protrusion of the second heat exchange plate comprises: an annular first portion (see annotated fig 4 below) extending from the second heat exchange plate main body toward the second side (fig 3); and an annular second portion (flat portion) extending inwardly from the annular first portion of the second annular protrusion of the second heat exchange plate, the second portion of the second annular protrusion having a surface facing the second side (flat portion);
the surface of the second portion of the first annular protrusion and the surface of the second portion of the second annular protrusion adjacent to each other are in at least partial contact to form a seal over at least one part of a circumferential length of the surface of the second portion of the first annular protrusion and the surface of the second portion of the second annular protrusion (Fig.3, flat portions 22 and 24 are in contact to form a seal),
projections of the second portion of the first annular protrusion and the second portion of the second annular protrusion on a plane perpendicular to the stacking direction have an annular inner overlapping portion (Fig.3, forming port 6),
a projection of the communicating hole on the plane perpendicular to the stacking direction is outside the annular inner overlapping portion (Figs.3, 5, 6 and 7),
the first annular protrusion of the first heat exchange plate comprises an annular protrusion main body (22) and a communicating protrusion extending outwardly from the annular protrusion main body (Fig.7, extending further out from the main body);
at least one part of a projection of the communicating protrusion of the first annular protrusion on the plane perpendicular to the stacking direction is outside the projection of the second portion of the second annular projection on the plane perpendicular to the stacking direction (Fig.3), and the projection of the communicating hole on the plane perpendicular to the stacking direction is in the at least one part of the projection of the communicating protrusion of the first annular protrusion (Fig.3), and
the plate heat exchanger is configured such that a first heat exchange medium is arranged to flow in the predetermined heat exchange space (1) and a second heat exchange medium is arranged to flow in a heat exchange space (2) of the plurality of heat exchange spaces arranged on an opposite side of a heat exchange plate defining the predetermined heat exchange space.
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Regarding claim 23, Hörte further discloses that the annular protrusion main body of the first annular protrusion of the first heat exchange plate has a circular annular shape (Fig.7), the second annular protrusion of the second heat exchange plate has a circular annular shape (Fig.6), and an outer diameter of the annular protrusion main body of the first annular protrusion of the first heat exchange plate is substantially equal to an outer diameter of the second annular protrusion of the second heat exchange plate (Fig.3); and the projection of the communicating protrusion of the first annular protrusion on the plane perpendicular to the stacking direction is outside the projection of the second portion of the second annular protrusion on the plane perpendicular to the stacking direction (Fig.3), and the projection of the communicating hole on the plane perpendicular to the stacking direction is in the projection of the communicating protrusion of the first annular protrusion (Fig.3).
Regarding claim 24, Hörte further discloses the communicating hole is a plurality of communicating holes, and the communicating protrusion is a plurality of spaced communicating protrusions (Fig.3).
Regarding claim 25, Hörte further discloses wherein the port (6) communicates with the predetermined heat exchange space (1, 2, 11) only through the communicating hole (13).
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Regarding claim 26, Hörte further discloses wherein the port (6) communicates with the predetermined heat exchange space (1, 2) of the plurality of heat exchange spaces directly through the communicating hole (13).
Regarding claim 27, Hörte further discloses wherein the predetermined heat exchange space (1, 2, 11) is arranged between a respective first heat exchange plate (A) of the plurality of first heat exchange plates and a respective second heat exchange plate (B) of the plurality of second heat exchange plates that form the seal over at least one part of a circumferential length of the surface of the second portion (24) of the first annular protrusion and the surface of the second portion (22) of the second annular protrusion.
Regarding claim 28, Hörte discloses wherein the port (6) communicates with the predetermined heat exchange space (1, 2, 11) only through the communicating hole (13).
Regarding claim 29, Hörte discloses wherein the port (6) communicates with the predetermined heat exchange space (1, 2,) of the plurality of heat exchange spaces directly through the communicating hole (13).
Regarding claim 30, Hörte discloses wherein the predetermined heat exchange space (1, 2) is arranged between a respective first heat exchange plate (A) of the plurality of first heat exchange plates and a respective second heat exchange plate (B) of the plurality of second heat exchange plates that together form the seal.
Response to Arguments
Applicant's arguments filed 2/6/2026 have been fully considered but they are not persuasive.
Applicant argues (pages 11-12) that Hörte does not teaches the communication port 6 communicating with the heat exchange space 1 through hole 13. Rather, the communication port communicates with space 11 which is not part of the heat exchange space. The Examiner respectfully disagrees; refrigerant flows flow from the communication port through hole 13, then through space 11, then through hole 14, and then to heat exchange space 1. Thus the port does communicate with the heat exchange space through hole 13.
Applicant argues (page 14-15) that Hou does not teach the limitations of claim 1. However, Hou is no longer being relied upon in this rejection.
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