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 Objections
Claims 1, 6 and 13 are objected to because of the following informalities:
“wherein openings of the holes or grooves of the bridging member that are capable of being in communication with the second heat exchange part and face the second heat exchange part” in claim 1 should read -- wherein openings of the at least two holes or grooves of the bridging member that are capable of being in communication with the second heat exchange part face the second heat exchange part--.
“a depth of at least part of the holes and/or grooves” in claims 6 and 13 should read -- a depth of at least part of the hole and/or groove-- for consistency.
Appropriate correction is required.
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 7 and 15 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.
Claim 7 recites “wherein the guide hole is in communication with or correspond to and be in communication with the third duct of the second heat exchange part” in lines 6-7 and “wherein the first groove is in communication with the fourth duct of the second heat exchange part; wherein the first duct of the first heat exchange part is in communication with the first duct of the second heat exchange part through the guide part of the bridging member” in lines 12-15.
“the third duct of the second heat exchange part” and “the fourth duct of the second heat exchange part” have proper antecedent basis in amended claim 1. However, “the first duct of the first heat exchange part” and “the first duct of the second heat exchange part” lack sufficient antecedent basis.
For examination purposes, “the first duct of the first heat exchange part” is construed as one of the at least two fluid flow passages of the first heat exchange part as specified in claim 1; and
“the first duct of the second heat exchange part” is construed as --the third duct of the second heat exchange part--
Claim 15 also recites “wherein the first duct of the first heat exchange part is in communication with the first duct of the second heat exchange part through the guide part of the bridging member” in lines 13-15.
“the first duct of the first heat exchange part” has proper antecedent basis in amended parent claim 2. However, “the first duct of the second heat exchange part” lack sufficient antecedent basis.
For examination purposes, “the first duct of the second heat exchange part” in claim 15 is construed as --the third duct of the second heat exchange part--.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 6 and 9 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Tonellato (US PGPub No. 2021/0325131, effectively filed on 4/17/2020 before the instant case).
Regarding claim 1, Tonellato discloses a heat exchange assembly, comprising a first heat exchange part (12), a bridging member (16) and a second heat exchange part (14), wherein the bridging member (16) is at least partially located between the first heat exchange part (12) and the second heat exchange part (14, see Fig. 6), wherein the first heat exchange part (12), the bridging member (16) and the second heat exchange part (14) are fixed by welding (noted that the “fixed by welding” is product-by-process limitation, and the patentability of a product does not depend on its method of production, see MPEP 2113. “welding” does not imply a distinct structure to the fixation between first heat exchange part, the bridging member and the second heat exchange part. Therefore, a particular structure of “fixed by welding” is a fixed structure and Tonellato discloses that the heat exchangers 12, 14 and bridging member 16 are fixed by brazing the plates and by fasteners, see abstract); wherein the first heat exchange part (12) has a heat exchange core body (stacked plate core), wherein the first heat exchange part (12) comprises at least two fluid flow passages (first fluid passage 24 for oil and second fluid passage 26 for coolant, Fig. 4), which are not in communication with each other (the water and oil are not fluidly mixing or communicate);
wherein the heat exchange assembly comprises a first port (80 of the heat exchanger 12), a second port (82 of the heat exchanger 12), and a third port (oil inlet 88); wherein the first heat exchange part (12) comprises a first port part (the 12 has an end on a top plate 50 in Fig. 4 as a part of the inlet 80) and a second port part (the 12 has an end on a top plate 50 in Fig. 4 as a part of the outlet 82); wherein the first port part has the first port (the end of the plate 50 has a part of the inlet 80), and the second port part has the second port (the end of the plate 50 has a part of the outlet 82);
wherein the bridging member (16) comprises a third port part (a hexagonal periphery of the oil inlet 88, Fig. 6), and the third port part is provided with the third port (the hexagonal periphery is provided with the oil inlet 88); wherein the bridging member (16) comprises a hole and/or a groove in communication with the third port (a passage hole beneath the oil inlet 88 connecting oil port 92 in Fig. 5A, see also annotated figure in claim 6 below), wherein the hole and/or groove of the bridging member being in communication with the third port (41b) is at least in communication with one of the first heat exchange part and the second heat exchange part for communication (the passage hole at least has a thermal communication or conduction heat exchange with the heat exchangers 12 and 14);
wherein the bridging member (16) comprises two holes or grooves facing the first heat exchange part (oil ports 90 and 92 in Fig. 6 facing the heat exchanger 12) for communication (fluid communication); wherein the bridging member (16) comprises at least two holes or grooves in communication with the second heat exchange part (oil ports 94 and 96 in Fig. 7 facing the heat exchanger 14), wherein openings of the holes or grooves of the bridging member (openings of the oil ports 94 and 96 in Fig. 7 facing the heat exchanger 14) that are capable of being in communication with the second heat exchange part (the openings are fluidly communicate with the heat exchanger 14) face the second heat exchange part (the openings are also facing the heat exchanger 14);
wherein the second heat exchange part comprises a third duct (first fluid passage 24 for oil of the heat exchanger 14, Fig. 4) and a fourth duct (second fluid passage 26 for coolant of the heat exchanger 14, Fig. 4) that are in communication with each other (in thermal communication or conduction heat exchange) the heat exchange assembly further comprises a connecting member (fitting 82), the connecting member is located on a side of the second heat exchange part away from the bridging member (top side of the heat exchanger 14 away from the bridging member 16) and has a fifth port (outlet port of a coolant);
the third port (oil inlet 88) is in communication with the third duct (in fluid communication with the first fluid passage 24 for oil) through one of the at least two holes or grooves of the bridging member in communication with the second heat exchange part (through the oil port 94 of the bridging member 16 in Fig. 7 in fluid communication with the heat exchanger 14), and the fourth duct (second fluid passage 26 for coolant of the heat exchanger 14) is in communication with the fifth port and the other of the at least two holes or grooves of the bridging member in communication with the second heat exchange part (the second fluid passage 26 is in fluid communication with the outlet port of a coolant at the fitting 82, and in thermal communication with the oil port 96 of the bridging member 16 in Fig. 7), respectively;
the other of the at least two holes or grooves of the bridging member in communication with the second heat exchange part (the oil port 96) is in communication with one of the two holes or grooves of the bridging member facing the first heat exchange part for communication (the oil port 96 is also in fluid communication with one of the oil ports 90 and 92 facing the heat exchanger 12).
Regarding claim 6, Tonellato further discloses wherein the hole and/or groove being in communication with the third port is provided on a side of the bridging member facing the second heat exchange part (the hole and/or groove, see annotated figure below, is at least provided on a second surface 104 facing the second heat exchanger 14), wherein the hole and/or groove are arranged to the third port part (the hole and/or groove are arranged to the oil inlet 88 where the hexagonal periphery surrounds), wherein a depth of at least part of the hole and/or groove is greater than or equal to half a thickness of the bridging member (the depth of the hole and/or groove is greater than half a thickness of the bridging member 16, see annotated figure below), wherein at least part of the hole and/or groove corresponds to or is in communication with the third duct of the second heat exchange part (the hole and/or groove supplies oil to fluid communicate with the second heat exchanger part 14); wherein the hole and/or groove are not in communication with other holes and grooves of the bridging member for communication (the hole and/or groove is at least not in direct fluid communication with other holes and/or grooves 114 and 116).
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Regarding claim 9, Tonellato further discloses wherein the bridging member has a first matching part (surface 102, Figs. 5A and 6) and a second matching part (surface 104, Figs. 5A and 7), wherein the first heat exchange part has a matching part (surface 150 of the heat exchanger 12, Fig. 7), wherein the matching part of the first heat exchange part is correspondingly matched with the first matching part of the bridging member (the surface 102 joins with the surface 150); wherein the second heat exchange part has a matching part (surface 150 of the heat exchanger 14, Fig. 6), wherein the matching part of the second heat exchange part is correspondingly matched with the second matching part of the bridging member (the surface 104 joins with the surface 150); wherein the matching part of the first heat exchange part, the matching part of the second heat exchange part, and the two matching parts of the bridging member comprise flat parts (the faces are flat at their respective joining areas);
wherein openings of the two holes or grooves facing the first heat exchange part are located inside the first matching part (the openings of the ports 90 and 92 are inside periphery of the surface 102);
wherein the openings of the at least two holes or grooves that are capable of being in communication with the second heat exchange part are located inside the second matching part (the openings of the ports 94 and 96 are inside periphery of the surface 104).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 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 (i.e., Tonellato, US PGPub No. 2021/0325131).
Allowable Subject Matter
Claims 2, 13, 17 and 19 are 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.
Claim 7 and 15 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b), set forth in this Office action and rewritten in independent form to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 2 (and dependent claims 13, 15, 17 and 19), Tonellato only discloses a coolant and oil heat exchanger. Therefore, Tonellato fails to disclose or make obvious a throttle element set forth in claim 2. Further, the one port fitting 82 as disclosed in Tonellato also fails to disclose or make obvious wherein the connecting member has the fourth port, the fifth port, and the sixth port set forth in claim 2.
Claims 7 and 15 require elements including a guide hole, a through hole, a first groove, a second groove, and a guide part that comprises a hole and a groove. Tonellato discloses holes at the ports 90, 92, 94 and 96 in the bridging member 16; grooves 124 and 126 on the surface 104 in Fig. 2; and grooves 168 around ports 90 and 92 on the surface 102 in Fig. 3. However, none of the holes meets the limitation of a guide hole having a depth greater than or equal to one third of the thickness of the bridging member and less than two thirds of the thickness of the bridging member set forth in claims 7 and 15.
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