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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 10/6/2025 has been entered.
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.
Claims 1-4 and 6-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hamada et al. (US 2007/0209606).
Regarding claim 1, Hamada et al. discloses a heat exchanger (B1) with a tube bundle (60) which is wound in a helical manner about a longitudinal axis (Figure 5 and Paragraph 97), where the tube bundle comprises at least two tube sections (HT1, HT2) which are placed adjacent to one another in the direction of the longitudinal axis (Figure 5 and Paragraph 97), each tube section comprising a helically wound tube defining a helical winding about the longitudinal axis so as to form coils (60a) (Figure 5 and Paragraph 97), the adjacency being such that the coils are uniformly spaced over the entire tube bundle (Figure 5 and Paragraph 105: See clearances 61), the helically wound tube of said each tube section having an internal cross-section which is constant over the helical winding of the helically wound tube (Figures 3a and 5, see also Paragraph 105: The tube sections are defined by modules having the same shape and size).
Regarding claim 2, Hamada et al. discloses heat exchanger with a tube bundle as discussed above,
Where the at least two tube sections which are placed adjacent to one another in the direction of the longitudinal axis each comprise a tube (i.e. tubes of the tube sections HT1 and HT2) which is wound in a helical manner (Figure 5 and Paragraph 105) with two ends thereof (Figures 1, 2, and 5: See ends 62a and 62b) directed towards an exterior of the helix in directions which are mutually parallel or angled and which are parallel or angled with respect to a radial direction (Figures 1 and 2),
A completion insert (defined by 19) being provided in order to close a space between two facing ends of two respective tubes of the at least two tube sections which are adjacent to one another (Figures 1 and 5: The completion insert 19 is provided to close off a space between tubes of the first section HT1 and tubes of the second section HT2).
Regarding claim 3, Hamada et al. discloses heat exchanger with a tube bundle as discussed above, where the completion insert comprises a core made of a refractory material (Paragraphs 95 and 141: The completion insert 19 comprises a heat resistant material or combination of heat/fire resistant materials, including at least: steel, ceramics, insulation etc.).
Regarding claim 4, Hamada et al. discloses heat exchanger with a tube bundle as discussed above, where the completion insert comprises positioning and engaging members in order to position and engage the completion insert on the tubes of the adjacent tube sections (Figure 1 and Paragraph 95: The competition insert 19 comprises means for position and engage it on the tubes).
Regarding claim 6, Hamada et al. discloses heat exchanger with a tube bundle as discussed above, where the completion insert comprises an external wall (Figure 1: Defined by a surface of 19 facing 35a) and an internal wall (Figure 1: Defined by a surface of 19 facing 35b) which are substantially aligned with the extrados (i.e. outer arch of the tubes) and the intrados (i.e. inner arch of the tubes) of the coils of the adjacent tube sections respectively (Figure 1: The competition insert 19 is in alignment with the adjacent tube sections).
Regarding claim 7, Hamada et al. discloses heat exchanger with a tube bundle as discussed above, where each of the at least two tube sections comprise a respective tube (i.e. tubes of the tube sections HT1 and HT2) that is helically wound about the longitudinal axis so as to form coils having a predetermined diameter (Figure 5 and Paragraph 97), each helically wound tube having a flattened cross-section (Figures 1 and 3a-3b) that includes two opposite shortest sides (Figures 3a-3b: The tubes are flat tubes with relatively short curved sides defined by t1), the two opposite shortest sides being respectively located at an intrados and an extrados of the coils (Figure 1), and further having two longer flattened sides (Figures 3a-3b: The tubes are flat tubes with relatively long flat sides defined by L1), the two longer flattened sides of adjacent coils face each other with a predetermined spacing (Figures 1 and 3a-3b).
Regarding claim 8, Hamada et al. discloses heat exchanger with a tube bundle as discussed above, where adjacent coils which form the helical tube bundle are maintained with a predetermined spacing from each other by means of spacer combs (18a, 18b) which are angularly distributed in a regular manner about the tube bundle (Figures 5-6 and Paragraphs 102-103).
Regarding claim 9, Hamada et al. discloses heat exchanger with a tube bundle as discussed above, further comprising a distributor (Figure 1: Defined by 71a-b, 72a-b, 73a-b) with distribution chambers for the fluid being introduced into and discharged from the heat exchanger and the tube sections (Figure 1: See flow arrows).
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 5 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Hamada et al. (US 2007/0209606), and further in view of Mer et al. (US 7,617,802) (hereafter Mer ‘802).
Regarding claim 5, Hamada et al. discloses heat exchanger with a tube bundle as discussed above. However, Hamada et al. does not teach or disclose the completion insert as having positioning and engaging members constructed from a shaped metal sheet.
Mer et al. ‘802 teaches heat exchanger, comprising at least: a tube bundle (Figures 1 and 7: A bundle defined by 2a and 2b) which is wound in a helical manner about a longitudinal axis (Figures 1 and 7), where the tube bundle comprises at least two tube sections (i.e. 2a and 2b of the bundle), where a completion insert (Figures 1 and 7: Defined by 7) being provided in order to close a space between two facing ends of two respective tubes of the at least two tube sections which are adjacent to one another (Figure 1), where the completion insert comprises positioning and engaging members in order to position and engage the completion insert on the tubes of the adjacent tube sections (Figure 1 and Col. 6, lines 38-50: The competition insert 7 comprises means for position and engage it on the tubes in the form of a plate 70a, 70b that has a perimeter connected to the tubes of the at least two tube sections), and where the positioning and engaging members are constructed from a shaped metal sheet which is fixed to the core made of refractory material (Figure 1 and Col. 6, lines 38-50: The competition insert 7 comprises a first refractory element 7a, 7b positioned within a second metal plate element 70a, 70b). As a result it would have been obvious to one having ordinary skill in the art at the time the invention was filed to configure the completion insert as disclosed by Hamada et al. with engaging members as taught by Mer et al. ‘802 to improve heat exchanger safety and reliability by providing a plurality of means for attaching a completion insert to a tube bundle.
Regarding claim 10, Hamada et al. discloses heat exchanger with a tube bundle as discussed above,
Where the at least two tube sections comprise an even number of tube sections (Figure 1: See the two tube sections HT1 and HT2), each tube section having an inlet end (Figures 1-3: See ends 62b connected to 71b and 71a, respectively) and an outlet end (Figures 1-3: See ends 62a connected to 72b and 72a, respectively), and
Where the tube sections are configured to be traveled in pairs in parallel by the fluid to be heated (Figure 1: The two tube sections HT1 and HT2 define a pair with tubes that are parallel to each other), so that each pair of tube sections provides a corresponding pair of inlet ends (i.e. ends 62b) and a corresponding pair of outlet ends (i.e. ends 62a).
While Hamada et al. discloses that the inlet ends of the pair of tube sections leading distribution chambers (71b and 71a, respectively) and the outlet ends of the pair of tube sections leading into distribution chambers (72b and 72b, respectively), Hamada et al. does not explicitly teach or disclose common distribution chambers.
Mer et al. ‘802 teaches heat exchanger, comprising at least: a tube bundle (Figures 1 and 7: A bundle defined by 2a and 2b) which is wound in a helical manner about a longitudinal axis (Figures 1 and 7), where the tube bundle comprises at least two tube sections (i.e. 2a and 2b of the bundle), where the at least two tube sections comprise an even number of tube sections, each tube section having an inlet end and an outlet end (Figure 1: See two tube sections 2a and 2b), where the tube sections are configured to be traveled in pairs in parallel by the fluid to be heated, so that each pair of tube sections provides a corresponding pair of inlet ends (20b and 22a, 20’a and 21’a) and a corresponding pair of outlet ends (20’b and 22’a, 20a, 21a), and where the inlet ends of the pair of tube sections leading into a common distribution chamber (Figure 1: See 50 for 2b and leftmost one of 2a; See 51 of rightmost two of 2a) and the outlet ends of the pair of tube sections leading into another common distribution chamber (Figure 1: See 51 for 2b and leftmost one of 2a; See 52 of rightmost two of 2a) two by two. As a result it would have been obvious to one having ordinary skill in the art at the time the invention was filed to configure the distribution chambers as disclosed by Hamada et al. in the form of common distribution chambers as taught by Mer et al. ‘802 to reduce heat exchanger complexity by providing an inlet and outlet ends of tube sections with common/shared fluid distribution means (e.g. reduction in a number of discrete parts or amount of materials).
Response to Arguments
Regarding the statements on page 5:
Applicant’s statements regarding the amended claims are noted.
Regarding the arguments on page 6, line 1 to page 7, lines 1-18:
Applicant alleges that the cited art does not teach or disclose the claimed invention in that Mer ‘802 and Mer ‘2006 do not teach or disclose that the adjacency is such that the coils are uniformly spaced over the entire tube bundle. Applicant's arguments have been fully considered but they are moot in view of new grounds of rejection as necessitated by applicant’s amendment.
Conclusion
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/JASON N THOMPSON/Examiner, Art Unit 3763
/FRANTZ F JULES/Supervisory Patent Examiner, Art Unit 3763