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 .
Response to Amendment
The amendments filed 12/15/2025 are entered.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 7 and 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Khanania (US 11346549 B2) in view of Wang (CN 205448295 U).
Regarding claim 7, Khanania teaches that the heat exchanger is for a cooking system (abstract).
Khanania fails to teach heat exchanger, the heat exchanger comprising: a central axis; a pre-heating assembly, comprising: a central flow path; an inlet manifold; an outlet manifold axially spaced from the inlet manifold; wherein the inlet manifold and the outlet manifold extend annularly about the central flow path; a plurality of tubes extending axially between the inlet manifold and the outlet manifold, wherein the plurality of tubes are arranged about a radially outer perimeter of the central flow path; and a burner assembly including one or more burners that are configured to emit a combusted air/fuel mixture into the central flow path; a heat exchanger assembly coupled to the pre-heating assembly, wherein the heat exchanger assembly comprises: a central flow path fluidly coupled to the central flow path of the pre-heating assembly; a plurality of first headers positioned about a radially outer perimeter of the central flow path of the heat exchanger assembly; and a plurality of first tubes extending radially across the central flow path of the heat exchanger assembly between the plurality of first headers, wherein the outlet manifold of the pre-heating assembly is fluidly coupled to the plurality of first headers of the heat exchanger assembly.
However, Wang teaches a heat exchanger (the assembly of FIG. 1), the heat exchanger comprising: a central axis (FIG. 1, the central axis of heat exchangers 1, 7, and 8); a pre-heating assembly (FIG. 1, the assembly of preheater 4), comprising: a central flow path (FIG. 1, the flow path in the center of preheater 4); an inlet manifold (FIG. 1, the branched path at the bottom of the preheater 4); an outlet manifold (FIG. 1, the branched path at the top of the preheater 4, which is axially spaced from the bottom) axially spaced from the inlet manifold; wherein the inlet manifold and the outlet manifold extend annularly about the central flow path (FIG. 1, the manifolds comprise the round exterior ends of the preheater 4); a plurality of tubes (FIG. 1, the axially-extending tubes in the preheater 4) extending axially between the inlet manifold and the outlet manifold, wherein the plurality of tubes are arranged about a radially outer perimeter of the central flow path (FIG. 1, the tubes of the preheater 4 surround a central path of the preheater 4); and a burner assembly (FIG. 1, the assembly surrounding burners 2, 11, and 12, which burn and send combustion products into the preheater 4) including one or more burners (FIG. 1, the burners 2, 11, and 12) that are configured to emit a combusted air/fuel mixture into the central flow path (FIG. 1, the preheater 4 directs combustion products into the main flow path); a heat exchanger assembly (FIG. 1, the assembly of heat exchangers 1, 7, and 8) coupled to the pre-heating assembly, wherein the heat exchanger assembly comprises: a central flow path (FIG. 1, the central flow path of the heat exchangers) fluidly coupled to the central flow path of the pre-heating assembly (FIG. 1, the flow paths of the preheater 4 and the heat exchangers meet at aerator 5); a plurality of first headers (FIG. 1, elbow air channels 21) positioned about a radially outer perimeter of the central flow path of the heat exchanger assembly; and a plurality of first tubes (FIG. 1, horizontal heat-exchange tubes 3) extending radially across the central flow path of the heat exchanger assembly between the plurality of first headers, wherein the outlet manifold of the pre-heating assembly is fluidly coupled to the plurality of first headers of the heat exchanger assembly (the assembly of FIG. 1 is a circuit of sorts, and the outlet of the preheater 4 is in fluid communication with the elbow air channels 21 via the inlet of the preheater 4).
At the time the invention was effectively filed, it would have been obvious for one of ordinary skill in the art to have modified the teachings of Khanania by employing the heat exchanger of Wang, with a reasonable expectation of success of arriving at the claimed invention. At the time the invention was effectively filed, it would have been obvious to one of ordinary skill in the art to have modified Khanania with these aforementioned teachings of Wang since each individual element and its function are shown in the prior art, albeit shown in separate references, the difference between the claimed subject matter and the prior art rests not on any individual element or function but in the very combination itself- that is in the substitution of the heat exchanger of Wang for the heat exchanger of Khanania. Thus, the simple substitution of one known element for another producing a predictable result renders the claim obvious.
Regarding claim 24, the combination of Khanania and Wang teaches that an inlet manifold of the heat exchanger is coupled to the plurality of first headers (Wang, FIG. 1, the inlet of the heat exchanger assembly is connected via a number of structures to the elbow air channels 21) and wherein the inlet manifold of the heat exchanger is connected to the outlet manifold of the pre-heating assembly (Wang, FIG. 1, the inlet of the heat exchanger assembly is connected to the outlet of the preheater 4).
Claim(s) 8-11, 21-23, 25, 27, 29, and 30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Khanania and Wang as applied to claims 1 and 24 above, and further in view of Sharan (US 3757746 A) and Du (CN 205537227 U).
Regarding claim 8, the combination of Khanania and Wang teaches that the heat exchanger assembly comprises: an inlet module (Wang, FIG. 1, the assembly immediately surrounding the aerator 5 and the upper portion of the heat exchangers); and a heat exchanger module (FIG. 1, the assembly of the heat exchangers 1, 7, and 8 is attachable to the aerator 5 along its central axis) removably coupled to and adjacent the inlet module along the central axis, wherein the plurality of first headers and the plurality of first tubes are positioned within the heat exchanger module (FIG. 1, the tubes 3 and the elbow air channels 21 are located in the heat exchanger assembly).
The combination of Khanania and Wang fails to teach that the inlet module comprises: a plurality of second headers positioned about an outer perimeter of the inlet module; a plurality of second tubes extending radially across the central flow path of the heat exchanger assembly between the plurality of second headers; and a plurality of caps coupled to the plurality of second headers, wherein each cap is configured to be removed from a corresponding one of the plurality of second headers to expose one of the plurality of second tubes through the corresponding one of the plurality of second headers.
However, Sharan teaches that the inlet module comprises: a plurality of second headers (FIG. 2, headers 37, which service one of the multiple sets of heat exchangers) positioned about an outer perimeter of the inlet module (the headers 37 extends through the outer perimeter of the assembly); a plurality of second tubes (FIG. 2, e.g., tubes 21, which extends partially in a horizontal direction) extending radially across the central flow path of the heat exchanger assembly between the plurality of second headers.
At the time the invention was effectively filed, it would have been obvious for one of ordinary skill in the art to have modified the teachings of Khanania by including an additional heat exchanger at the inlet of the heat exchanger of Wang, as taught by Sharan, with a reasonable expectation of success of arriving at the claimed invention. At the time the invention was effectively filed, it would have been obvious to one of ordinary skill in the art to have modified Khanania with these aforementioned teachings of Sharan with the motivation of having a back up heat exchanger with headers in case the original heat exchanger of Wang breaks or malfunctions.
Sharan fails to teach a plurality of caps coupled to the plurality of second headers, wherein each cap is configured to be removed from a corresponding one of the plurality of second headers to expose one of the plurality of second tubes through the corresponding one of the plurality of second headers.
However, Du teaches a plurality of caps coupled to the plurality of second headers, wherein each cap is configured to be removed from a corresponding one of the plurality of second headers to expose one of the plurality of second tubes through the corresponding one of the plurality of second headers (FIG. 2, cap 400 may be removed to expose the volume of a header and tubes).
At the time the invention was effectively filed, it would have been obvious for one of ordinary skill in the art to have modified the teachings of Khanania by adding caps to the ends of the headers, as taught by Du, with a reasonable expectation of success of arriving at the claimed invention. At the time the invention was effectively filed, it would have been obvious to one of ordinary skill in the art to have modified Khanania with these aforementioned teachings of Du with the motivation of making the tubes easier to access for repairs.
Regarding claim 9, the combination of Kanania, Wang, Sharan, and Du teaches that the plurality of second headers comprise a plurality of lower second headers and a plurality of upper second headers positioned axially above the plurality of lower second headers (Sharan, FIG. 1, the headers 36 and 37 are located above the receivers 31 and 32 (which are headers themselves)), and wherein each of the plurality of second tubes extends from a lower second header, across a fluid duct in a U-tube arrangement, and into an upper second header (FIGS. 1 and 2, the tubes extend up from the lower headers to the upper headers, forming a U shape (see the top view)).
Regarding claim 10, the combination of Kanania, Wang, Sharan, and Du teaches that the central flow path of the pre-heating assembly and the central flow path of the heat exchanger assembly form a fluid duct that extends along the central axis, wherein the fluid duct is fluidly isolated from the plurality of first headers, the plurality of second headers, the plurality of first tubes, and the plurality of second tubes (Wang, FIG. 1, the flow path extending through the preheater 4 and the heat exchangers lines up with the central axis of the heat exchanger for a stretch and is isolated from the various heat exchangers).
Regarding claim 11, the combination of Kanania, Wang, Sharan, and Du teaches that the inlet module comprises: a rectangular cross-section having a first side, a second side radially opposite the first side, a third side, and a fourth side radially opposite the third side (Wang, FIG. 2, the inlet section is rectangular); an inlet in parallel fluid communication with the lower second headers positioned along the first side and the fourth side; and an outlet in parallel fluid communication with the upper headers positioned along the first side and the third side (Sharan FIGS. 1 and 2, the headers 31 and 32 are disposed on radially opposite sides, while headers 38 and 39 are disposed perpendicularly to them).
Regarding claim 21, the combination of Kanania, Wang, Sharan, and Du teaches that the central flow path of the pre- heating assembly and the central flow path of the heat exchanger assembly form a fluid duct that extends along the central axis, wherein the fluid duct is fluidly isolated from the plurality of first headers, the plurality of second headers, the plurality of first tubes, and the plurality of second tubes (Wang, FIG. 1, the flow path extending through the preheater 4 and the heat exchangers lines up with the central axis of the heat exchanger for a stretch and is isolated from the various heat exchangers).
Regarding claim 22, the combination of Kanania, Wang, Sharan, and Du teaches that the inlet module has a central flow path fluidly coupled to the central flow path of the heat exchanger assembly (Wang, FIG. 1, the inlet section of the heat exchanger has a flow path that leads directly to the flow path of the rest of the heat exchanger).
Regarding claim 23, the combination of Kanania, Wang, Sharan, and Du teaches that the central flow path of the pre-heating assembly, the central flow path of the heat exchanger assembly, and the central flow path of the inlet module form a fluid duct that extends along the central axis, wherein the fluid duct is fluidly isolated from the plurality of first headers, the plurality of second headers, the plurality of first tubes, and the plurality of second tubes (Wang, FIG. 1, the flow path extending through the preheater 4 and the heat exchangers lines up with the central axis of the heat exchanger for a stretch and is isolated from the various heat exchangers).
Regarding claim 25, the combination of Kanania, Wang, Sharan, and Du fails to teach that the heat exchanger module further comprises an access panel coupled to a second header of the plurality of second headers that is immediately downstream of the plurality of first headers via the plurality of first tubes of the heat exchanger module, wherein the access panel is configured to be removed to expose the second header.
However, Du further teaches that the heat exchanger module further comprises an access panel coupled to a second header of the plurality of second headers that is immediately downstream of the plurality of first headers via the plurality of first tubes of the heat exchanger module, wherein the access panel is configured to be removed to expose the second header (FIG. 3, one of the end plates (e.g., 411) may be removed to expose the volume of a header and tubes).
At the time the invention was effectively filed, it would have been obvious for one of ordinary skill in the art to have modified the teachings of Khanania by adding caps to the ends of additional headers, as taught by Du, with a reasonable expectation of success of arriving at the claimed invention. At the time the invention was effectively filed, it would have been obvious to one of ordinary skill in the art to have modified Khanania with these aforementioned teachings of Du with the motivation of making the tubes easier to access for repairs.
Regarding claim 27, the combination of Kanania, Wang, Sharan, and Du teaches that the plurality of second headers comprise a plurality of lower second headers and a plurality of upper second headers positioned axially above the lower second headers (Sharan, FIG. 1, the headers 36 and 37 are located above the receivers 31 and 32 (which are headers themselves)), and each of the plurality of second tubes extends from a lower second header, across a fluid duct in a U-tube arrangement, and into an upper second header (FIGS. 1 and 2, the tubes extend up from the lower headers to the upper headers, forming a U shape (see the top view)), and wherein each of the plurality of lower second headers and the plurality of upper second headers are provided with a cap of the plurality of caps coupled on an end thereof (FIG. 2, cap 400 may be removed to expose the volume of a header and tubes).
Regarding claim 29, the combination of Kanania, Wang, Sharan, and Du teaches that the inlet module further comprises an inlet coupled to be in fluid communication with the plurality of lower second headers and an outlet couple to be in fluid communication with the plurality of upper second headers (in the combination above, the inlet is in communication with the headers of Sharan, which is in communication with the rest of the circuit in a similar way to the tubes of Wang).
Regarding claim 30, the combination of Kanania, Wang, Sharan, and Du teaches that an outlet manifold of a pre-heating assembly being fluidly coupled to the plurality of first headers of the heat exchanger assembly is further defined as the outlet manifold of the pre-heating assembly being fluidly coupled to the inlet of the inlet module and the outlet of the inlet module being fluidly coupled to the plurality of first headers of the heat exchanger (Wang, FIG. 1, the inlet and outlet of the preheater 4, the inlet and outlet of the aerator 5, and the elbow air channels 21 of Wang are all in fluid communication).
Claim(s) 26 and 28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Khanania, Wang, Sharan, and Du as applied to claims 8-11, 21-23, 25, 27, 29, and 30 above, and further in view of Shin (KR 101775873 B1)
Regarding claim 26, the combination of Kanania, Wang, Sharan, and Du fails to teach that a plurality of caps are threadedly coupled to the plurality of second headers, wherein each cap is configured to be threadedly removed from a corresponding one of the plurality of second headers to expose one of the plurality of second tubes through the corresponding one of the plurality of second headers.
However, Shin teaches that a plurality of caps are threadedly coupled to the plurality of second headers, wherein each cap is configured to be threadedly removed from a corresponding one of the plurality of second headers to expose one of the plurality of second tubes through the corresponding one of the plurality of second headers (FIG. 2, caps 40 are mountable to the header via a threaded connection).
At the time the invention was effectively filed, it would have been obvious for one of ordinary skill in the art to have modified the teachings of Khanania by making the headers of Wang accessible via threaded see-through caps, as taught by Shin, with a reasonable expectation of success of arriving at the claimed invention. At the time the invention was effectively filed, it would have been obvious to one of ordinary skill in the art to have modified Khanania with these aforementioned teachings of Shin with the motivation of allowing a user to look for possible damage without having to take the cap off, while keeping the cap easy to remove if it comes to that.
Regarding claim 28, the combination of Kanania, Wang, Sharan, and Du teaches fails to teach that the plurality of caps are threadedly coupled to the plurality of lower second headers and the plurality of upper second headers, wherein each cap is configured to be threadedly removed from a corresponding one of the plurality of lower second headers and the plurality of upper second headers to expose one of the plurality of second tubes through the corresponding one of the plurality of lower second headers and the plurality of upper second headers.
However, Shin teaches that the plurality of caps are threadedly coupled to the plurality of lower second headers and the plurality of upper second headers, wherein each cap is configured to be threadedly removed from a corresponding one of the plurality of lower second headers and the plurality of upper second headers to expose one of the plurality of second tubes through the corresponding one of the plurality of lower second headers and the plurality of upper second headers (FIG. 2, caps 40 are mountable to the header via a threaded connection).
At the time the invention was effectively filed, it would have been obvious for one of ordinary skill in the art to have modified the teachings of Khanania by making the headers of Wang accessible via threaded see-through caps, as taught by Shin, with a reasonable expectation of success of arriving at the claimed invention. At the time the invention was effectively filed, it would have been obvious to one of ordinary skill in the art to have modified Khanania with these aforementioned teachings of Shin with the motivation of allowing a user to look for possible damage without having to take the cap off, whilekeeping the cap easy to remove if it comes to that.
Response to Arguments
Applicant's arguments filed 12/15/2025 have been fully considered but they are not persuasive. Specifically, on page 9 of the remarks the Applicant argues that the pre-heater 4 of Wang does not include a burner, and does not emit a combusted mixture into the central flow path. However, the Examiner respectfully notes that the preheater 4 is in direct communication with the burners 2, 11, and 12, and, given broadest reasonable interpretation, can be considered a part of the preheater assembly. Additionally, the burners do emit combustion products into the central flow path, since they are immediately used to exchange heat in the central flow path. As the claims stand, the cited references teach every element.
Allowable Subject Matter
Claim 31 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The claim is allowable because the Examiner was unable to find art that anticipates claims 1 and 31, and was unable to make a reasonable combination teaching the elements of claim 1 and that the burners were adjacent to the pipes of the preheater.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM C. WEINERT whose telephone number is (571)272-6988. The examiner can normally be reached 9:00-5:00 ET.
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/WILLIAM C WEINERT/Examiner, Art Unit 3762
/Allen R. B. Schult/Primary Examiner, Art Unit 3762