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 .
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 and 11-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang (CN 110579123 A) in view of Yajima (JP 2000-71751 A).
Regarding claim 1, Wang (Fig. 5) discloses a heat exchanger (A heat exchanger having a stack of plates in Fig. 5) comprising:
a plurality of first flow path members (a plurality of first planar structures formed by plates 1 and partitions 4), each first flow path member including a first plate (each plate 1 and partition 4) having a first flow path portion providing a plurality of flow paths (grooves 2) through which a first fluid flows (fluid A, see paragraph 0045), and a first bonding plate (partition 4) diffusion-bonded to the first plate to cover the first flow path portion (noted that the “diffusion-bonded” is product-by-process limitation, and the patentability of a product does not depend on its method of production, see MPEP 2113. “diffusion-bonded” does not imply a distinct structure to the “first flow path member” itself. Under broadest reasonable interpretation, “diffusion-bonded” in claims 1-3 is construed to bear a structure of a connected joint between two respective elements. Wang discloses a connected joint between the two plates 1 and 2, see Fig. 5); and
a plurality of second flow path members (a plurality of second planar structures formed by blocks 7 and fins 6), each second flow path member including a second plate (each planar structure formed by blocks 7 and fins 6) having a second flow path portion providing a plurality of flow paths (fluid channels between fins 6) through which a second fluid (fluid B, see paragraph 0045) for exchanging heat with the first fluid flows ,
wherein the first flow path member and the second flow path member are diffusion-bonded to each other (every plate 1, partition 4, block 7 and fin 6 are joined and have connected joints between them, as shown in the Fig. 5),
wherein the second flow path member is disposed between two first flow path members which are adjacent to the second flow path member (the planar structure formed by blocks 7 and fins 6 is disposed between and adjacent two first planar structures),
wherein an opening is formed in the second flow path portion of the second plate (opening formed horizontally between two lateral blocks 7 and vertically between plate 1 and partition 4. The opening has fins 6 provided within) in a stacking direction in which the two first flow path members and the second flow path member are disposed (the plate 1, the two lateral blocks 7, and the partition 4 are disposed in vertical or stacking direction, from top to bottom of Fig. 5),
the opening being closed by the two first flow path members, preventing the second fluid from being discharged in the stacking direction, and
wherein one surface of the second flow path member is diffusion-bonded to one surface of the first plate of one of the adjacent first flow path members (top surface of the planar structure formed by blocks 7 and fins 6 is bonded to an adjacent plate 1 of one first planar structure, see Fig. 5) and the other surface of the second flow path member is diffusion-bonnded to the first bonding plate of the other of the adjacent first flow path members (bottom surface of the planar structure formed by blocks 7 and fins 6 is bonded to an adjacent partition 4 of another first planar structure).
Wang fails to disclose wherein the second flow path portion includes a second inflow path and a second discharge flow path, which are formed on a surface of the second plate, and
wherein the second fluid is introduced toward the opening through the second inflow path and discharged from the opening through the second discharge flow path, and the second fluid flows in the opening in a direction perpendicular to a direction that the second fluid is discharged, the opening being closed by the two first flow path members, preventing the second fluid from being discharged in the stacking direction.
Yajima Fig. 3 discloses the second flow path portion (frame 3) includes a second inflow path (intake port 43) and a second discharge flow path (exhaust 44), which are formed on a surface of the second plate (the intake port 43 and exhaust port 4 are formed on top surface of the frame 3).
wherein the second fluid (air) is introduced toward the opening through the second inflow path (into the intake port 43) and discharged from the opening through the second discharge flow path (discharge from hole 41a to the exhaust port 44), and the second fluid flows in the opening in a direction (the air flows in the hole 41a in length direction of the frame 3) perpendicular to a direction that the second fluid is discharged (perpendicular to the air discharging to the exhaust port 44 in width direction of the frame 3), the opening being closed by the two first flow path members (the hole 41a is closed by two adjacent sheets 6), preventing the second fluid from being discharged in the stacking direction (the sheets 6 prevent the air flowing in vertical direction Fig. 3).
Paragraph 0024 in the translation of Yajima further discloses that intake port 43 and the direction of gas exhaust from the exhaust port 44 be substantially perpendicular and opposite to the longitudinal direction of the frame 3.
Therefore, the two lateral blocks 7 of Wang may be replaced with the frame 3 of Yajima, so that the fluid may be supplied to and discharged from opposite long sides of the heat exchanger stack (inlet and outlet are parallel); or the fluid may be supplied to a long side and discharged from a short side (inlet and outlet are perpendicular).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided wherein the second flow path portion includes a second inflow path and a second discharge flow path, which are formed on a surface of the second plate, and
wherein the second fluid is introduced toward the opening through the second inflow path and discharged from the opening through the second discharge flow path, and the second fluid flows in the opening in a direction perpendicular to a direction that the second fluid is discharged, the opening being closed by the two first flow path members, preventing the second fluid from being discharged in the stacking direction in Wang as taught by Yajima in order to, for example, satisfy a specific installation of the heat exchanger that requires the fluid to be supplied and discharged parallel or perpendicular directions in the heat exchanger stack.
Regarding claim 11, Wang as modified further discloses wherein directions in which the second fluid is introduced into and discharged from the second plate are parallel to each other (Wang in view of Yajima has both the suppling and discharging fluids in the width direction, which are parallel to each other).
Regarding claim 12, Wang as modified further discloses wherein directions in which the second fluid is introduced into and discharged from the second plate are perpendicular to each other (Wang in view of Yajima may also have the suppling and discharging fluids perpendicular to each other).
Regarding claim 13, Wang as modified further discloses wherein the second flow path portion includes a second transfer flow path formed in a middle of the opening, thereby dividing the opening into two sections (Wang in view of Yajima has the blocks 7 replaced by frame 3 of Yajima. The plurality of second planar structures formed by the frame 3 and fins 6 has the fins 6 that divide the opening in the frame 3 including a flow path in a middle of the frame 3).
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang (CN 110579123 A) in view of Yajima (JP 2000-71751 A) as applied to claim 1 above, and further in view of Conn (US Patent No. 4,043,498).
Regarding claim 4, Wang fails to disclose wherein a surface of the first flow path member and a surface of the second flow path member are deoxidized or processed to remove an oxide layer that is formed when the first plate and the first bonding plate are diffusion-bonded or when the second plate and the second bonding plate are diffusion-bonded.
Conn discloses a diffusion bond joint requires that the surfaces to be joined are clean, free of surface oxides and other foreign contaminants, organic and otherwise (col. 14, lines 4-7).
Therefore, the diffusion bonded plates 1, partition 4, blocks 7 and fins 6 in Wang (paragraph 0047) may each have a bonding surface that is deoxidized and has an oxide layer removed.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided wherein a surface of the first flow path member and a surface of the second flow path member are deoxidized or processed to remove an oxide layer that is formed when the first plate and the first bonding plate are diffusion-bonded or when the second plate and the second bonding plate are diffusion-bonded in Wang as taught by Conn in order to allow intersurface diffusion to be completed (col. 11, line 1).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 (regarding the supply and discharge flow paths) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument (the teaching reference Yajima, JP 2000-71751 A).
In response to applicant’s argument regarding the opening, the opening is now mapped as a large rectangular opening having fins 6 within, and is formed horizontally between two lateral blocks 7 and vertically between plate 1 and partition 4. The stacking direction is the vertical direction of Fig. 5.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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/JIANYING C ATKISSON/Supervisory Patent Examiner, Art Unit 3763
/F.K.L/Examiner, Art Unit 3763