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 .
Claims 1-20 are currently being examined.
Drawings
The drawings received on 04/04/2025 were deemed not acceptable since the replacement drawing of Fig. 3 introduces new matter. The original specification does not support the tube shapes shown in the replacement Fig. 3. In addition, the replacement Fig. 3 shows some tubes which appear to have a respective twin in shape and size and thus are regular and repeating.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, “hollow tubes formed as a non-regular non-repeating gradation of the hollow lattice structure size across a flow passage of the lattice heat exchanger” of claims 1, 8 and 14 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Figures 2 and 3 clearly show hollow tubes formed as a hollow lattice structure with a regular repeating gradation of the hollow lattice structure size. None of the Figures show the limitations recited above.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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) 1-2, 6, 8-9, 12, 14-15, 17, and 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kusuda et al. 20140251585.
Regarding independent claim 1, Kusuda discloses a lattice heat exchanger structural support (500 Fig. 5) comprising:
a hollow lattice structure (514 Fig. 5 para. 0039) having hollow tubes (a plurality of hollow channels, i.e., hollow tubes 546/544 Fig. 5 para. 0040) formed as a non-regular non-repeating gradation of the hollow lattice structure size (per para. 0032 the hollow channels 304/316 may comprise a combination of cross-sectional shapes that can be elliptical, circular, square, triangular, octagonal, star-shaped, such that having a combination of different shapes results in a non-regular non-repeating gradation of the hollow lattice structure size as claimed; hollow channels 304/316 of Fig. 3 are applicable to hollow channels 546/544 of Fig. 5 as described in at least paras. 0030, 0034-0035, 0039-0040) across a flow path of the lattice heat exchanger structural support (per para. 0041 second fluid 502 is flowed around and external to hollow tubes 546/544, i.e., second fluid 502 flows in a flow path of 500, with hollow tubes 546/544 across the flow path of 502) configured to flow a first working fluid internally through the hollow lattice structure (as described in para. 0040 a first fluid 522 flows into and within 546/544 and a first aircraft fluid source inlet 548 provides first fluid 522 from a first aircraft system 552), the hollow lattice structure comprising open cell structure (as shown in Fig. 5, 514 has an open cell structure) configured to flow a second working fluid (as described in para. 0042, second aircraft fluid source inlet 504 is configured to provide a second fluid 502 from a second aircraft system 554) through the lattice externally of the hollow tubes (as described in para. 0041 second fluid 502 is flowed around and external to 546/544);
a first structure (first input manifold 524 Fig. 5) attached to the hollow lattice structure (524 is attached to 528 of 514 in Fig. 5); and
a second structure (first output manifold 534 Fig. 5) attached to the hollow lattice structure (534 is attached to 532 of 514 in Fig. 5), wherein the hollow lattice structure provides structural support to the first structure and the second structure (as described in para. 0042, 514 is configured to support aviation induced structural loads).
Regarding independent claim 8, Kusuda discloses a lattice heat exchanger structural support (500 Fig. 5) for a gas turbine engine (paras. 0044-0045 describe 500 having heat exchange fluids which can include aircraft engine bleed air and other fluids such as engine fan air per para. 0046, i.e., 500 is for an aircraft engine, i.e., a gas turbine engine) comprising:
a hollow lattice structure (514 Fig. 5 para. 0039) having hollow tubes (a plurality of hollow channels, i.e., hollow tubes 546/544 Fig. 5 para. 0040) formed as a non-regular non-repeating gradation of the hollow lattice structure size (per para. 0032 the hollow channels 304/316 may comprise a combination of cross-sectional shapes that can be elliptical, circular, square, triangular, octagonal, star-shaped, such that having a combination of different shapes results in a non-regular non-repeating gradation of the hollow lattice structure size as claimed; hollow channels 304/316 of Fig. 3 are applicable to hollow channels 546/544 of Fig. 5 as described in at least paras. 0030, 0034-0035, 0039-0040) across a flow path of the lattice heat exchanger structural support (per para. 0041 second fluid 502 is flowed around and external to hollow tubes 546/544, i.e., second fluid 502 flows in a flow path of 500, with hollow tubes 546/544 across the flow path of 502) configured to flow a first working fluid internally through the hollow tubes of the hollow lattice structure (as described in para. 0040 a first fluid 522 flows into and within 546/544 and a first aircraft fluid source inlet 548 provides first fluid 522 from a first aircraft system 552), the hollow lattice structure comprising an open cell structure (as shown in Fig. 5, 514 has an open cell structure) configured to flow a second working fluid (as described in para. 0042, second aircraft fluid source inlet 504 is configured to provide a second fluid 502 from a second aircraft system 554) through the lattice externally of the hollow tubes (as described in para. 0041 second fluid 502 is flowed around and external to 546/544);
a first gas turbine engine structure (first input manifold 524 Fig. 5) attached to the hollow lattice structure (524 is attached to 528 of 514 in Fig. 5); and
a second gas turbine engine structure (first output manifold 534 Fig. 5) attached to the hollow lattice structure (534 is attached to 532 of 514 in Fig. 5), wherein the hollow lattice structure provides structural support to the first gas turbine engine structure and the second gas turbine engine structure (as described in para. 0042, 514 is configured to support aviation induced structural loads).
Regarding independent claim 14, Kusuda discloses a process for combined heat transfer and structural support (600 Fig. 6; 500 Fig. 5) comprising:
forming a hollow lattice structure having hollow tubes (606-614 Fig. 6; a plurality of hollow channels, i.e., hollow tubes 546/544 Fig. 5 para. 0040) formed as a non-regular non-repeating gradation of the hollow lattice structure size (per para. 0032 the hollow channels 304/316 may comprise a combination of cross-sectional shapes that can be elliptical, circular, square, triangular, octagonal, star-shaped, such that having a combination of different shapes results in a non-regular non-repeating gradation of the hollow lattice structure size as claimed; hollow channels 304/316 of Fig. 3 are applicable to hollow channels 546/544 of Fig. 5 as described in at least paras. 0030, 0034-0035, 0039-0040) across a flow path (per para. 0041 second fluid 502 is flowed around and external to hollow tubes 546/544, i.e., second fluid 502 flows in a flow path, with hollow tubes 546/544 across the flow path of 502);
flowing a first working fluid internally through the hollow tubes of the hollow lattice structure (606 Fig. 6),
forming the hollow lattice structure comprising open cell structure (606 Fig. 6; 514 Fig. 5 shows open cell structure with spaces among and around hollow tubes 544/546);
flowing a second working fluid through the hollow lattice structure externally of the hollow tubes (606 Fig. 6);
attaching a first structure (first input manifold 524 Fig. 5) to the hollow lattice structure (620 Fig. 6; first input manifold 524 is attached to 514 in Fig. 5 via 528);
attaching a second structure to the hollow lattice structure (624 Fig. 6; 534 is attached to 514 in Fig. 5 via 532) and
providing structural support to the first structure and the second structure with the hollow lattice structure (618, 706 Fig. 6; as described in para. 0042, 514 is configured to support aviation induced structural loads).
Regarding claims 2, 9 and 15, Kusuda further discloses wherein the hollow lattice structure is co-optimized for heat transfer and structural applications (as described in paras. 0003-0004 and in para. 0042, 514 is configured to support aviation induced structural loads and exchange heat between the first fluid 522 and the second fluid 502; also described in 618, 706, 716 in Fig. 6).
Regarding claims 6, 12 and 18, Kusuda further discloses wherein the hollow lattice structure is selected from the group consisting of a fuel-oil cooler (as described in para. 0044, the heat exchanger may be an oil cooler and heat exchange may be between hydraulic fluid, i.e., oil, and fuel, i.e., a fuel-oil cooler, and para. 0045 also lists aircraft engine oil and aircraft hydraulic oil as possible first or second working fluids); a buffer heat exchanger with air-air in duct (para. 0046 describes engine bleed air as first fluid and engine fan air as second fluid, i.e., buffer heat exchanger with air-air in duct) or fuel-air working fluids.
Regarding claim 17, Kusuda further discloses
supporting a flow passage (Fig. 5 shows a flow passage 506 to 542 between walls 508, 526, and walls with surfaces 512, 526 and 518, 532 which is supported by hollow lattice structure 514 for a stream of the second fluid represented by 502 which may be ram air per paras. 0044, 0045; para. 0042 also describes 514 is configured to support aviation induced structural loads which is also described in 618 and 706 in Fig. 6) for an air stream (as described in paras. 0044 and 0045 ram air may be the second working fluid, i.e., an air stream) with the hollow lattice structure;
configuring the hollow lattice structure with a heat transfer function (heat is transferred between first working fluid 522 within internal passages of 546, 544 and second working fluid 502 as described in para. 0041 and as described in 616, 716 in Fig. 6); and
flowing the first working fluid through internal passages of the hollow tubes formed within the hollow lattice structure (first working fluid 522 flows within internal passages of 546, 544 as described in para. 0040 and as described in 606 in Fig. 6).
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.
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) 3-4, 10-11, and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kusuda et al. 20140251585 in view of Wong et al. 20220112844.
Regarding claims 3, 10 and 16, Kusuda further discloses wherein the hollow lattice structure is located within an air stream (as described in paras. 0044 and 0045 ram air may be the second working fluid which flows over and around the hollow tubes of the hollow lattice structure, i.e., the hollow lattice structure is located within an air stream).
Kusuda is silent regarding the hollow structure is formed as a strut that is located within the air stream.
Wong teaches a heat exchanger module (110 Fig. 2) in a gas turbine engine (Fig. 2) for an aircraft (para. 0039). The heat exchanger module 110 comprises a plurality of heat transfer elements 112 for transferring heat energy from a first working fluid 190 contained within the heat transfer elements 112 to an airflow 104 passing over a surface of the heat transfer elements prior to entry of the airflow 104 into the fan assembly 130 (Figs. 2, 4-5 para. 0202), i.e., the airflow 104 is ram air. The heat exchanger module 110 comprises radially extending vanes 120, i.e., struts, which are hollow and contain a plurality of heat transfer elements 112 within each vane 120 (Figs. 4-5 para. 0205).
"The combination of familiar elements according to known methods is likely to be obvious when it does no more than yield predictable results. . . . [W]hen a patent 'simply arranges old elements with each performing the same function it had been known to perform' and yields no more than one would expect from such an arrangement, the combination is obvious." KSR at 1395-66 (citing Sakraida v. AG Pro, Inc., 425 U.S. 273, 282 (1976)).
In this case, one of ordinary skill in the art could have combined the hollow lattice structure including the plurality of hollow tubes of Kusuda to be formed as the heat transfer elements within the hollow struts of Wong to predictably have ram air entering the hollow struts cool the first working fluid within the hollow lattice structure such that the combination teaches all of the claimed features.
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have the hollow lattice structure of Kusuda formed as a strut that is located within the air stream as taught by Wong to arrive at the claimed invention and expect predictable results.
Regarding claims 4 and 11, Kusuda in view of Wong teaches all that is claimed above and Kusuda further discloses wherein the hollow lattice structure supports a flow passage (Fig. 5 shows a flow passage 506 to 542 between walls 508, 526, and walls with surfaces 512, 526 and 518, 532 which is supported by hollow lattice structure 514 for a stream of the second fluid represented by 502 which may be ram air per paras. 0044, 0045; para. 0042 also describes 514 is configured to support aviation induced structural loads which is also described in 618 and 706 in Fig. 6) for the air stream as well as being configured with a heat transfer function configured to flow the first working fluid through internal passages of the hollow tubes formed within the hollow lattice structure (heat is transferred between first working fluid 522 within internal passages of 546, 544 and second working fluid 502 as described in para. 0041 and as described in 616, 716 in Fig. 6).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Kusuda et al. 20140251585 in view of Wong et al. 20220112844 as applied to claim 3 above, and further in view of Bikson et al. 20130071594.
Regarding claim 5, Kusuda in view of Wong teaches all that is claimed above, but is silent wherein the internal passages of the hollow tubes comprise an inner diameter of from 100 microns to 1 centimeter in diameter.
Bikson teaches a heat exchanger which may be used in aircraft (paras. 0104 and 0105). Bikson teaches the heat exchanger uses hollow fibers, which are small diameter tubes, typically below 5 mm in diameter (para. 0044), where 5 mm is equal to 5000 microns. The hollow fiber has an outer diameter typically no greater than 1 cm, e.g., between 5mm and 100 micron, such as between 2 mm and 500 micron, or between 1 mm and 250 micron (para. 0051). The hollow fiber wall thickness is no greater than 1 mm, for instance no greater than 500 micron and such as no greater than 50 micron (para. 0051). Since an inner diameter is calculated by the outer diameter minus 2 times the wall thickness, Bikson teaches an inner diameter falling within the claimed range of from 100 microns to 1 centimeter (10,000 microns), as shown by at least the following:
5000 microns – (2 X 1000 microns) = 3000 microns in inner diameter
250 microns – (2 X 50 microns) = 150 microns in inner diameter
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the invention of Kusuda in view of Wong wherein the internal passages of the hollow tubes comprise an inner diameter of from 100 microns to 1 centimeter in diameter as taught by Bikson to provide for a low pressure drop on the bore side, i.e., internal passage side, of the device while maximizing the device surface area packing density and the wall thickness is minimized to decrease the heat transfer resistance while providing for sufficient mechanical processing characteristics and high differential pressure operational capability (Bikson para. 0051).
Claim(s) 7, 13 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kusuda et al. 20140251585 in view of Wilson et al. 20190024989.
Regarding claims 7, 13 and 19, Kusuda discloses all that is claimed above, but is silent wherein the hollow lattice structure is employed as a surface cooler on at least one of a nacelle and outside of a core case.
Wilson teaches a heat exchanger assembly (100 Fig. 1 which includes a plurality of heat exchangers (160 shown in Fig. 8; para. 0018, 0071) that may be used in a gas turbine engine (Fig. 1). Wilson teaches a hollow lattice structure (110 Fig. 8; para. 0059) is employed as a surface cooler (bypass air in bypass airflow passage 56 in Fig. 1 flows over and around surfaces of the hollow lattice structure 110 to cool fluid flowing within heat exchange tubes 112; para. 0039, 0071-0072) on at least one of a nacelle (as shown in Fig. 1 and in Fig. 2 heat exchanger assembly 100 is positioned on a core nacelle defining a radially inner surface of bypass duct 56 and 100 is also positioned on an inner surface of annular fan casing or outer nacelle 50 per para. 0034) and outside of a core case (100 is outside of core case 18 as shown in Fig. 1).
"The combination of familiar elements according to known methods is likely to be obvious when it does no more than yield predictable results. . . . [W]hen a patent 'simply arranges old elements with each performing the same function it had been known to perform' and yields no more than one would expect from such an arrangement, the combination is obvious." KSR at 1395-66 (citing Sakraida v. AG Pro, Inc., 425 U.S. 273, 282 (1976)).
In this case, one of ordinary skill in the art could have combined the hollow lattice structure of Kusuda to be employed as a surface cooler by known methods as taught by Wilson to predictably cool a fluid within the hollow tubes of the hollow lattice structure using bypass air in a bypass duct defined by an outer nacelle and an inner nacelle such that the combination teaches all of the claimed elements.
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have the hollow lattice structure of Kusuda employed as a surface cooler as taught by Wilson to arrive at the claimed invention and expect predictable results.
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kusuda et al. 20140251585 in view of Bikson et al. 20130071594.
Regarding claim 20, Kusuda discloses all that is claimed above, but is silent wherein the internal passages of the hollow tubes comprise an inner diameter of from 100 microns to 1 centimeter in diameter.
Bikson teaches a heat exchanger which may be used in aircraft (paras. 0104 and 0105). Bikson teaches the heat exchanger uses hollow fibers, which are small diameter tubes, typically below 5 mm in diameter (para. 0044), where 5 mm is equal to 5000 microns. The hollow fiber has an outer diameter typically no greater than 1 cm, e.g., between 5mm and 100 micron, such as between 2 mm and 500 micron, or between 1 mm and 250 micron (para. 0051). The hollow fiber wall thickness is no greater than 1 mm, for instance no greater than 500 micron and such as no greater than 50 micron (para. 0051). Since an inner diameter is calculated by the outer diameter minus 2 times the wall thickness, Bikson teaches an inner diameter falling within the claimed range of from 100 microns to 1 centimeter (10,000 microns), as shown by at least the following:
5000 microns – (2 X 1000 microns) = 3000 microns in inner diameter
250 microns – (2 X 50 microns) = 150 microns in inner diameter
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the invention of Kusuda wherein the internal passages of the hollow tubes comprise an inner diameter of from 100 microns to 1 centimeter in diameter as taught by Bikson to provide for a low pressure drop on the bore side, i.e., internal passage side, of the device while maximizing the device surface area packing density and the wall thickness is minimized to decrease the heat transfer resistance while providing for sufficient mechanical processing characteristics and high differential pressure operational capability (Bikson para. 0051).
Response to Arguments
Applicant's arguments filed 08/21/2025 have been fully considered but they are not persuasive.
Regarding the replacement drawings, Applicant states that support is provided in specification para. 0037 but para. 0037 only recites "The lattice structure 62 can be understood as a non-regular or non-repeating, gradation of the structure size across the flow path of heat exchanger 60." Applicant argues that Fig. 3 was generated using a randomizer and none of the tubes are identical in diameters. However, the replacement Fig. 3 is not drawn to scale and diameters are not indicated and tube diameters are not described in the original specification. Therefore, replacement Fig. 3 shows some tubes which appear to have a respective twin in shape and size and thus are regular and repeating.
Applicant argues on pages 9-12 of Remarks under 102 rejections regarding independent claims 1, 8 and 14, that Kusuda fails to disclose a hollow lattice structure having hollow tubes formed as a non-regular non-repeating gradation of the hollow lattice structure size across a flow path of the lattice heat exchanger structural support even though Applicant admits on page 10 that Kusuda does disclose in para. 0032 the hollow channels 304/316 may comprise a combination of cross-sectional shapes that can be elliptical, circular, square, triangular, octagonal, star-shaped or other shapes.
In light of para. 0032 of Kusuda, Examiner disagrees the structure of Kusuda has a regular repeating gradation of the structure size across the flow path. Examiner disagrees that Kusuda is completely different than the claimed invention since by having a combination of different shapes of the hollow tubes results in a non-regular non-repeating gradation of the hollow lattice structure size as claimed. With a combination of different tube shapes, the cross sections of the tubes vary such that the claimed limitations of a non-regular non-repeating gradation of the hollow lattice structure size across a flow path are met by Kusuda. Therefore, Kusuda does disclose each and every claimed element of claims 1, 8 and 14.
Applicant does not provide additional arguments regarding dependent claims or regarding 103 rejections.
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 ALYSON JOAN HARRINGTON whose telephone number is (571)272-2359. The examiner can normally be reached M-F 9 am - 5 pm EST.
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/A.J.H./ Examiner, Art Unit 3741
/LORNE E MEADE/Primary Examiner, Art Unit 3741
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