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 § 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 1-12 and 16-18 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 pre-AIA the applicant regards as the invention.
Claim 1 recites the limitation of “in a stacking direction of the plurality of sheets, the first end portion is closed to the first side portion than the second side portion in the stacking direction of the plurality of sheets”, wherein it is unclear what “closed to” … “than” is referring to. Specifically, the phrase “closed to” is a limitation understood by one of the ordinary skill in the art to be a one or the other limitation, such that something is either having the quality7 of “closed” as opposed to being open . However, following the “closed to” limitation “than” suggests the limitation should be a qualitative comparison to something else, in this case “the second side”. However, there are no other qualitative descriptors in the claim to denote how “closed to” in the “first end portion” compares to “the second side”. Is the “first end portion” more, less, not, for example, “closed to “….”than the second side portion “? The claim is missing terminology which would be required to lead one of the ordinary skill in the art to understand the scope of the claim. Since the metes and bounds of the limitation cannot be ascertained, the limitation is indefinite and the claim is rendered indefinite. For examination purposes, the phrase has been interpreted as -- in a stacking direction of the plurality of sheets, the first end portion is close to the first side portion -- for clarity.
The remaining claims are rejected based on their dependency from a claim that has been rejected.
Claim Rejections - 35 USC § 102
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 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) 1-11, 16-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Qiu et al. CN109555843A noting US 2020/0271216 Al for figures and translations.
Re claim 1, Qiu et al. teach
a heat exchange apparatus, comprising a valve core member and a core (annotated fig) body member, wherein the valve core (annotated fig) member is arranged fixed to the core body member; the core body member comprises a sheet portion, the sheet portion
comprises a plurality of sheets that are stacked (fig 6 showing stacked plates of a stacked plate heat exchanger) and
comprises at least a first conduit (left vertical main conduit in figs where valve core is inserted), a second conduit (right vertical main conduit in figs) and an inter-sheets passage, the first conduit, the inter-sheets passage and the second conduit are in communication (figs); the valve core member comprises a valve seat (133) portion,
the valve seat portion comprises a bottom section (bottom portion) and a middle section (annotated fig), the bottom section comprises a bottom opening (32), the middle section comprises a peripheral opening (13), the valve seat portion comprises a throttle hole (annotated fig),
the peripheral opening is in communication with the bottom opening through the throttle hole (noting all holes are in communication via a loop and fluid communication during intended use), the middle section and the bottom section are located in the first conduit, and the peripheral opening is in communication with the first conduit (figs);
the heat exchange apparatus comprises a connecting member (annotated fig, 212, 7, 3, 62), the connecting member comprises a communication cavity (internal volume), the connecting member comprises a first end portion (top portion), the first end portion of the connecting member is located in the first conduit, the bottom opening of the bottom section is in communication with the communication cavity (noting multiple portions along the vertical length);
and the core body member comprises a first side portion (top portion) and a second side portion (bottom portion),
in a stacking direction of the plurality of sheets, the first end portion is closed to the first side portion than the second side portion in the stacking direction of the plurality of sheets (figs, see 112 section above),
at least part of the valve core member is located on a side where the first side portion is located, the heat exchange apparatus comprises a communication passage (annotated fig), the communication passage is located on a side where the second side portion is located, and the communication passage is in communication with the communication cavity (figs) , wherein the middle section is closer to the first side portion than the bottom section in the stacking direction of the plurality of sheets (noting the middle is closer to the top than the bottom), the connecting member comprises an annular wall portion at (noting that according to the Merriam-Webster dictionary, the plain meaning of ‘at’ is —used as a function word to indicate presence or occurrence in, on, or near ) the first end portion, and the bottom section is arranged in (noting that according to the Merriam-Webster dictionary, the plain meaning of ‘in’ is to or toward the inside especially of a house or other building
come in
(2)
: to or toward some destination or particular place
flew in on the first plane
(3)
: at close quarters : near; noting the section is a portion, and a portion of the bottom portion is both inside and additionally most of the bottom is hear the annular wall ) the annular wall portion and sealed to the annular wall portion (noting some of the bottom section is sealed to the annular wall; noting that according to the Merriam-Webster dictionary, the plain meaning of ‘seal’ is
a
: to fasten with or as if with a seal to prevent tampering).
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Re claim 2, Qiu et al. teach when the valve core member is in an open state, the communication passage, the communication cavity, the bottom opening, the throttle hole, the peripheral opening, the first conduit, the inter-sheets passage and the second conduit are in communication (figs, noting the structure is capable of performing the intended use).
It is also unclear whether or not the limitations after the phrase “when” actually occur/are required since the term “when” is a conditional phrase.
For clarity, the recitation “…and when the valve core member is in an open state, the communication passage, the communication cavity, the bottom opening, the throttle hole, the peripheral opening, the first conduit, the inter-sheets passage and the second conduit are in communication …” has been considered a recitation of intended use. It has been held that the recitation with respect to the matter in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. See MPEP 2114. In the instant case, the prior art meets all of the structural limitations, and is therefore capable of performing the claimed recitations set forth above.
Re claim 3, Qiu et al. teach wherein the connecting member comprise a valve seat matching portion, the valve seat matching portion comprises a flange portion (annotated fig), the flange portion is fixed to the core body member by welding; the middle section protrudes into the valve seat matching portion, a side hole (annotated fig) corresponding to the peripheral opening is provided in the valve seat matching portion; the side hole is closer to the first side portion of the core body member than the annular wall portion along the stacking direction of sheets of the core body member; and a height of the annular wall portion is greater than a height of the bottom section (figs).
The recitation of “by welding” is considered to be a product-by-process limitation. In product-by-process claims, “once a product appearing to be substantially identical is found and a 35 U.S.C. 102/103 rejection [is] made, the burden shifts to the applicant to show an unobvious difference.” MPEP 2113. This rejection under 35 U.S.C. 102/103 is proper because the “patentability of a product does not depend on its method of production.”
Re claim 4, Qiu et al. teach wherein the connecting member comprises a drainage pipe (annotated fig), the valve seat matching portion comprises the annular wall portion, the bottom section comprises a first groove (noting the plates in the bottom have grooves, and the mounting plate 101 has a groove), a first sealing member (annotated fig, rib holding up 3) of the heat exchange apparatus is located in the first groove (para 44), and the first sealing member is arranged abutting against the annular wall portion (figs);
the valve seat matching portion comprises a bottom end portion, the drainage pipe is fixed to the bottom end portion by welding, and at least part of the drainage pipe protrudes into the valve seat matching portion (integrally); the drainage pipe comprises an external expansion portion (top wider inner diameter portion), the valve seat matching portion is closer to the bottom section than the external expansion portion along the stacking direction of the core body member and the external expansion portion is matched with the bottom end portion of the valve seat matching portion to be limited (figs).
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Re claim 5, Qiu et al. teach wherein the sheet portion comprises a first sheet and a second plate (figs), the first sheet is fixed to the second sheet by welding, and a top or a bottom of the flange portion is fixed to the first sheet by welding; or the top or the bottom of the flange portion is fixed to the second sheet by welding; and/or the core body member comprises a top pressing block (1031, 1032), and the flange portion is fixed to the top pressing block by welding (noting all parts are fixed together).
The recitation of “by welding” is considered to be a product-by-process limitation. In product-by-process claims, “once a product appearing to be substantially identical is found and a 35 U.S.C. 102/103 rejection [is] made, the burden shifts to the applicant to show an unobvious difference.” MPEP 2113. This rejection under 35 U.S.C. 102/103 is proper because the “patentability of a product does not depend on its method of production.”
Re claim 6, Qiu et al. teach wherein the middle section is located below the connecting member providing that a side of the core body member is arranged with the valve core member is taken as an upper side; the connecting member comprises a drainage pipe, the bottom section comprises a first groove and a second groove, a first sealing member of the heat exchange apparatus is located in the first groove, the first sealing member is arranged abutting against the annular wall portion, the first groove is closer to the peripheral opening than the annular wall portion along an extending direction of the first conduit; the first sealing member of the heat exchange apparatus is accommodated in the first groove; the second groove is closer to the peripheral opening than the first groove; the connecting member comprises a limiting groove, the limiting groove is arranged opposite to the second groove in position; the heat exchange apparatus comprises a limiting member, and at least part of the limiting member is clamped into the second groove and the limiting groove;
or, the bottom section comprises a threaded portion, the connecting member comprises a valve seat matching portion and the drainage pipe, the valve seat matching portion comprises an internal threaded portion, the valve seat matching portion is threaded with the bottom section, at least part of the drainage pipe protrudes into the valve seat matching portion, and the drainage pipe is fixed to the valve seat matching portion by welding;
or, the connecting member comprises a second end portion, the bottom section protrudes into the first end portion, the bottom section comprises the first groove, the first sealing member of the heat exchange apparatus is located in the first groove, and the first sealing member is arranged abutting against an inner periphery of the first end portion; the heat exchange apparatus comprises a bottom pressing block (annotated fig), the bottom pressing block is fixed to the sheet portion by welding, the bottom pressing block comprises a communication hole (1012), the communication hole is in communication with the first conduit, the bottom pressing block comprises a protrusion, at least part of the protrusion protrudes into the first conduit, the second end portion of the connecting member is located in the bottom pressing block, and the second end portion is fixed to the bottom pressing block by welding (figs).
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Re claim 7, Qiu et al. teach wherein the connecting member comprises a drainage pipe (annotated fig), and the middle section is located above the connecting member providing that a side of the core body member arranged with the valve core member is taken as an upper side (figs);
the core body member comprises a third sheet and a fourth sheet, the third sheet is fixed to the fourth sheet by welding, the third sheet comprises a first annular protruding portion, the fourth sheet comprises a second annular protruding portion, the bottom section protrudes into the first annular protruding portion, the bottom section comprises a first groove (figs), a first sealing member of the heat exchange apparatus is located in the first groove, and the first sealing member is arranged abutting against the first annular protruding portion (see the rejection of claim 4); the first end portion of the connecting member protrudes into the second annular protruding portion, and the second annular protruding portion is fixed to at least part of the first end portion by welding (noting the sheets have an annular hole in which the device in contained in and thus every part internal to is considered to abut against the annular protruding portions make the hole in which the device sits).
The recitation of “by welding” is considered to be a product-by-process limitation. In product-by-process claims, “once a product appearing to be substantially identical is found and a 35 U.S.C. 102/103 rejection [is] made, the burden shifts to the applicant to show an unobvious difference.” MPEP 2113. This rejection under 35 U.S.C. 102/103 is proper because the “patentability of a product does not depend on its method of production.”
Re claim 8, Qiu et al. teach wherein a first hole is provided in the first annular protruding portion, the first hole is provided in the second annular protruding portion, the first conduit extends through the first annular protruding portion and the second annular protruding portion, the first annular protruding portion protrudes into the first hole of a sheet adjacent to the third plate, the second annular protruding portion protrudes into the first hole of a sheet adjacent to the fourth plate, a gap is provided between the first annular protruding portion and a wall portion of the first hole provided in the sheet adjacent to the third plate, and a gap is provided between the second annular protruding portion and a wall portion of the first hole provided in the sheet adjacent to the fourth plate (noting that the holes and conduits naturally are provided in the area creating the hole by the annular portions of the sheets, figs, and the protruding portion is the wider portions surrounding 212).
Re claim 9, Qiu et al. teach wherein the connecting member comprises a second end portion, and the second end portion is fixed to the core body member by welding (see the rejection of claim 6);
the first end portion comprises a first section and a second section, the first section of the first end portion protrudes into the second annular protruding portion (portion with 212), the second section does not protrude into the second annular protruding portion, an outer diameter of the second section is greater than an outer diameter of the first section, and the outer diameter of the second section is tapered toward the first section (figs).
Re claim 10, Qiu et al. teach wherein the heat exchange apparatus comprises a first blocking portion (widest portion of 212), the first conduit is separated by the blocking portion, the first conduit comprises a first sub conduit located on one side of the first blocking portion and a second sub conduit located on another side of the first blocking portion, the peripheral opening is in communication with the first sub conduit, and the first sub conduit is not in direct communication with the second sub conduit (figs noting different portions of a conduit can be named sub conduits, and are not communicated directly vertically).
Re claim 11, Qiu et al. teach wherein the sheet portion comprises a fifth plate, the fifth sheet comprises the first blocking portion, the first blocking portion is fixed to an outer wall of the connecting member by welding (figs);
or, the first blocking portion is formed by extending the fifth sheet, the first blocking portion extends along a radial direction of the connecting member, and the first blocking portion is fixed to the fifth sheet by welding; the bottom section is located in the connecting member, the bottom section is arranged sealed to the connecting member, and the first blocking portion is located below the peripheral opening providing that a side of the core body member arranged with the valve core member is taken as an upper side along an extending direction of the first conduit.
Re claim 16, Qiu et al. teach wherein the sheet portion comprises a first sheet and a second plate, the first sheet is fixed to the second sheet by welding, and a top or a bottom of the flange portion is fixed to the first sheet by welding; or the top or the bottom of the flange portion is fixed to the second sheet by welding; and/or the core body member comprises a top pressing block, and the flange portion is fixed to the top pressing block by welding (noting all parts are fixed together).
The recitation of “by welding” is considered to be a product-by-process limitation. In product-by-process claims, “once a product appearing to be substantially identical is found and a 35 U.S.C. 102/103 rejection [is] made, the burden shifts to the applicant to show an unobvious difference.” MPEP 2113. This rejection under 35 U.S.C. 102/103 is proper because the “patentability of a product does not depend on its method of production.”
Re claim 17, Qiu et al. teach wherein the connecting member comprises a second end portion, and the second end portion is fixed to the core body member by welding; the first end portion comprises a first section and a second section, the first section of the first end portion protrudes into the second annular protruding portion, the second section does not protrude into the second annular protruding portion, an outer diameter of the second section is greater than an outer diameter of the first section, and the outer diameter of the second section is tapered toward the first section (noting all parts are fixed together, see the rejection of claim 9).
The recitation of “by welding” is considered to be a product-by-process limitation. In product-by-process claims, “once a product appearing to be substantially identical is found and a 35 U.S.C. 102/103 rejection [is] made, the burden shifts to the applicant to show an unobvious difference.” MPEP 2113. This rejection under 35 U.S.C. 102/103 is proper because the “patentability of a product does not depend on its method of production.”
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) 12, 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Qiu et al. in view of Inoue US 6935417 B1.
Re claim 12, Qiu et al. fail to explicitly teach a second blocking portion.
Inoue teach wherein the core body member comprises a sixth plate, the core body member comprises a second blocking portion (ST, figs), the second blocking portion is part of the sixth sheet or the second blocking portion is fixed to the sixth sheet by welding, the second blocking portion is located in the second conduit, the second conduit comprises a third sub conduit and a fourth sub conduit, the third sub conduit is located on one side of the second blocking portion, and the fourth sub conduit is located on another side of the second blocking portion; the second blocking portion is located below the first blocking portion along an extending direction of the first conduit providing that a side of the core body member arranged with the valve core member is taken as an upper side to provide a counter flow.
It would have been obvious to one of ordinary skill in the art at the time the invention was made to include a second blocking portion as taught by Inoue in the Qiu et al. invention in order to advantageously allow for enhanced heat dissipation.
Re claim 18, Qiu et al., as modified, teach wherein the core body member comprises a sixth plate, the core body member comprises a second blocking portion, the second blocking portion is part of the sixth sheet or the second blocking portion is fixed to the sixth sheet by welding, the second blocking portion is located in the second conduit, the second conduit comprises a third sub conduit and a fourth sub conduit, the third sub conduit is located on one side of the second blocking portion, and the fourth sub conduit is located on another side of the second blocking portion; the second blocking portion is located below the first blocking portion along an extending direction of the first conduit providing that a side of the core body member arranged with the valve core member is taken as an upper side (see the rejection of claim 12).
Response to Arguments
Applicant’s arguments, see reply, filed 10/23/2025, with respect to the 112 rejection of claim 6 have been fully considered and are persuasive. The 112 rejection of claim 6 has been withdrawn.
Applicant's arguments filed 10/23/2025 have been fully considered but they are not persuasive.
The applicant argues that Qiu et al. fail to teach “and the bottom section is arranged in the annular wall portion and sealed to the annular wall portion”. The examiner respectfully disagrees. The term “section” is very broad. Noting that according to the Merriam-Webster dictionary, the plain meaning of ‘section’ is one of several component parts that may be assembled or reassembled. Therefore, the bottom section is considered the bottom portion/parts making up the entire bottom one third (top and middle would be top 2/3 portions). Since the term “arranged in” is very broad, it is noted some of the bottom section is arranged in contact with the annular wall, and arranged towards the inside of the core member relative to the annular wall. Therefore the bottom section of the valve seat of Qiu is “arranged in” the annular wall due to the broad scope of “arranged in”. Furthermore, the limitation “sealed to” is also very broad, Qiu et al. teach the required of “sealed to” (see the detailed rejection above in view of the change ins cope of claim 1).
Applicant argues the claims dependent on the independent claim(s) are allowable based upon their dependence from an independent claim. Examiner respectfully disagrees. The arguments with respect to claim(s) 1 have been addressed above. Thus, the rejections are proper and remain.
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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/GORDON A JONES/Examiner, Art Unit 3763