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 .
This action is in response to applicant’s 12/31/2025 amendment.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-11 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claim 1, the recitation “wherein each external plate has at least one through opening, said at least one through opening being localized within said central region of said main face of said at least two external plates, so as not to extend to said borders and said corners of said main face of said at least two external plates and wherein at least one internal plate of said exchanger block is placed next to each of said at least two external plates so as to prevent any fluid from passing through said at least one through opening” (emphasis added) (lines 19-27) appears to introduce new matter.
It is noted that the claims previously recited “characterized in that at least one internal plate of said exchanger block is placed next to each of said at least two external plates so as to prevent any loss of the first heat-transfer fluid and/or of the second heat-transfer fluid through said at least one through opening” (emphasis added) (8/18/2025; claim 1, lines 19-22) as supported by applicant’s specification (Paragraph 12) as follows, emphasis added:
Furthermore, it will be understood that "hollow" in each external plate means any at least partial recess in the thickness of said plate (e.g. a reduction in the thickness or a thinning) as well as any through opening, hollow or slot in the thickness of said external plate. Advantageously and in accordance with the invention, at least one internal plate of said exchanger block is placed next to each external plate so as to prevent any loss of the first heat-transfer fluid and/or of the second heat-transfer fluid through said hollow
The specification only appears to provide support for the first heat-transfer fluid and/or of the second heat-transfer fluid as being prevented from passing through said at least one through opening.
Since the at least two external plates define a flow enclosure for the first and second fluids (claim 1, lines 2-11), since the at least one through opening is located in a central region of said main face of said at least two external plates” (claim 1, lines 20-21), and since the at least one through opening is disclosed as any through opening, hollow or slot in the thickness of said external plate, there does not appear to be enough support in the originally filed specification for the limitation “prevent any fluid from passing through said at least one through opening” (emphasis added). Specifically, providing at least one through hole in the form of a through opening in the thickness of the at least two external plates would appear to permit the flow of one or more of the first fluid, the second fluid, and/or ambient air (or any other ambient fluid of an environment in which the claimed heat exchanger is located).
Claims 10 and 11 are rejected for the same reasons as claim 1 as discussed above.
Claims 2-9 are rejected as depending from a rejected claim.
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 1-11 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.
Regarding claim 1, the recitation “wherein each external plate has at least one through opening, said at least one through opening being localized within said central region of said main face of said at least two external plates, so as not to extend to said borders and said corners of said main face of said at least two external plates and wherein at least one internal plate of said exchanger block is placed next to each of said at least two external plates so as to prevent any fluid from passing through said at least one through opening” (emphasis added) (lines 19-27) renders the claim indefinite.
The claims previously set forth “a flow enclosure defined by at least two external plates” (emphasis added) (claim 1, line 2) and “an exchanger block with plates disposed in the flow enclosure so as to be in fluid communication with the inlets and the outlets in order to permit the flow of the first heat-transfer fluid and of the second heat-transfer fluid into and through this exchanger block and the transfer of calories therebetween” (emphasis added) (lines 12-16). It is unclear how the at least two external plates are configured to prevent any fluid from passing through said at least one through opening when the at least two external plates have at least one through opening extending therethrough.
Further regarding claim 1, the recitation “wherein at least one internal plate of said exchanger block is placed next to each of said at least two external plates so as to prevent any fluid from passing through said at least one through opening” (emphasis added) (lines 19-27) renders the claim indefinite. Since the claim previously set forth “a first heat transfer fluid” (line 5) and “a second heat transfer fluid” (line 8), it is unclear if the “fluid” (line 27) refers to the “first heat transfer fluid”, the “first heat transfer fluid”, or some other fluid.
Claims 10 and 11 are rejected for the same reasons as claim 1 as discussed above.
Claims 2-9 are rejected as depending from a rejected claim.
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 1-3, 5, 6, 8-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bolla et al. (US 6,267,176).
Regarding claim 1, Bolla et al. discloses a heat-exchange device (10) comprising:
A flow enclosure defined by at least two external plates (Figure 4 and Col. 5, line 62 to Col. 6, line 12: Defined by first and second side plates 80),
The at least two external plates each having a main face mainly extending along a plane (Figure 2b), the main face having a central region and borders and corners (Annotated Figure 2b),
A first inlet (26) for a first heat-transfer fluid into the flow enclosure (Figure 1a and Col. 3, lines 15-36),
A first outlet (27) for the first heat-transfer fluid out of the flow enclosure (Figure 1a and Col. 3, lines 15-36),
A second inlet (18a, 18b) for a second heat-transfer fluid into the flow enclosure (Figure 1a, Col. 3, lines 15-36, and Col. 4, lines 34-51),
A second outlet (20a, 20b) for the second heat-transfer fluid out of the flow enclosure (Figure 1a, Col. 3, lines 15-36, and Col. 4, lines 34-51),
An exchanger block with plates (defined by at least 36, 42, 45) disposed in the flow enclosure so as to be in fluid communication with the inlets and the outlets in order to permit the flow of the first heat-transfer fluid and of the second heat-transfer fluid into and through this exchanger block and the transfer of calories therebetween (Figures 1a-2b, Col. 3, lines 15-36, and Col. 4, lines 34-51),
The exchanger block comprising a plurality of internal plates (i.e. 36) disposed substantially parallel with respect to each other (Figures 1a-2b), where each external plate has at least one through opening (Annotated Figure 2b: See recessed central region), the at least one through opening being localized within the central region of the main face of the at least two external plates (Annotated Figure 2b) so as not to extend to the borders and the corners of the main face of the at least two external plates (Annotated Figure 2b: The recessed central region is located within and at a distance from borders and the corners of the main face of the at least two external plates), where at least one internal plate of the exchanger block is placed next to each of the at least two external plates (Figures 1 and 2b) so as to prevent any fluid from passing through said at least one through opening (Figures 1 and 2b: The at least one through opening is located outside of and separated from heat exchange fluid flow paths), where the at least one internal plate (e.g. 36) (Figures 2b-5) has a thickness smaller than a thickness of said at least two external plates (e.g. 80) (Figures 2b-4).
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Regarding claim 2, Bolla et al. discloses a heat-exchange device as discussed above, further comprising at least one core band arranged to form at least one edge of the exchanger block (Figures 1a and 2a: Core bands are defined by an outer edge of each inlet/outlet face of the heat-exchange device. See at least elements 66, 88, 84), the at least one core band having (i.e. defining) a plurality of protruding elements (i.e. 66, 88) configured to be able to be in contact with at least one of the first heat-transfer fluid and second heat-transfer fluid (Figure 2a).
Regarding claim 3, Bolla et al. discloses a heat-exchange device as discussed above, where the second heat-transfer fluid corresponds to the heat-transfer fluid which is at a temperature greater than the temperature of the first heat-transfer fluid (Col. 4, lines 19-33: Pursuant the operation of a heat exchanger one of the first fluid or the second fluid necessarily has a temperature greater than the other of the first fluid or the second fluid).
Regarding claim 5, Bolla et al. discloses a heat-exchange device as discussed above, where the protruding elements are at least partially in the form of ribs (Figure 2a: Square/rectangular ribs).
Regarding claim 6, Bolla et al. discloses a heat-exchange device as discussed above, where the protruding elements are at least partially in the form of studs (Figure 2a: Square/rectangular studs).
Regarding claim 8, Bolla et al. discloses a heat-exchange device as discussed above, further comprising at least one core band arranged to form at least one edge of the exchanger block (Figures 1a and 2a: Core bands are defined by an outer edge of each inlet/outlet face of the heat-exchange device. See at least elements 66, 88, 84), the at least one core band having at least one hollow (Figures 1a and 2a: Defined by a recessed area surrounded by the elements 66, 88, 84).
Regarding claim 9, Bolla et al. discloses a heat-exchange device as discussed above, further comprising at least one flow guide (30a, 30b, 32) disposed between each internal plate of the exchanger block (Figure 2a), each flow guide being adapted to form a plurality of channels which are substantially parallel to each other (Figure 2a and Col. 4, lines 34-51).
Regarding claim 10, Bolla et al. discloses an air-conditioning system (Col. 7, lines 6-9), comprising:
At least one heat-exchange device (10), comprising:
A flow enclosure defined by at least two external plates (Figure 4 and Col. 5, line 62 to Col. 6, line 12: Defined by first and second side plates 80),
The at least two external plates each having a main face mainly extending along a plane (Figure 2b), the main face having a central region and borders and corners (Annotated Figure 2b),
A first inlet (26) for a first heat-transfer fluid into the flow enclosure (Figure 1a and Col. 3, lines 15-36),
A first outlet (27) for the first heat-transfer fluid out of the flow enclosure (Figure 1a and Col. 3, lines 15-36),
A second inlet (18a, 18b) for a second heat-transfer fluid into the flow enclosure (Figure 1a, Col. 3, lines 15-36, and Col. 4, lines 34-51),
A second outlet (20a, 20b) for the second heat-transfer fluid out of the flow enclosure (Figure 1a, Col. 3, lines 15-36, and Col. 4, lines 34-51),
An exchanger block with plates (defined by at least 36, 42, 45) disposed in the flow enclosure so as to be in fluid communication with the inlets and the outlets in order to permit the flow of the first heat-transfer fluid and of the second heat-transfer fluid into and through this exchanger block and the transfer of calories therebetween (Figures 1a-2b, Col. 3, lines 15-36, and Col. 4, lines 34-51),
The exchanger block comprising a plurality of internal plates (i.e. 36) disposed substantially parallel with respect to each other (Figures 1a-2b), where each external plate has at least one through opening (Annotated Figure 2b: See recessed central region), the at least one through opening being localized within the central region of the main face of the at least two external plates (Annotated Figure 2b) so as not to extend to the borders and the corners of the main face of the at least two external plates (Annotated Figure 2b: The recessed central region is located within and at a distance from borders and the corners of the main face of the at least two external plates), where at least one internal plate of the exchanger block is placed next to each of the at least two external plates (Figures 1 and 2b) so as to prevent any fluid from passing through said at least one through opening (Figures 1 and 2b: The at least one through opening is located outside of and separated from heat exchange fluid flow paths), where the at least one internal plate (e.g. 36) (Figures 2b-5) has a thickness smaller than a thickness of said at least two external plates (e.g. 80) (Figures 2b-4).
Regarding claim 11, Bolla et al. discloses an aircraft (Col. 7, lines 6-9), comprising: air-conditioning system (Col. 7, lines 6-9), comprising:
At least one heat-exchange device (10), comprising:
A flow enclosure defined by at least two external plates (Figure 4 and Col. 5, line 62 to Col. 6, line 12: Defined by first and second side plates 80),
The at least two external plates each having a main face mainly extending along a plane (Figure 2b), the main face having a central region and borders and corners (Annotated Figure 2b),
A first inlet (26) for a first heat-transfer fluid into the flow enclosure (Figure 1a and Col. 3, lines 15-36),
A first outlet (27) for the first heat-transfer fluid out of the flow enclosure (Figure 1a and Col. 3, lines 15-36),
A second inlet (18a, 18b) for a second heat-transfer fluid into the flow enclosure (Figure 1a, Col. 3, lines 15-36, and Col. 4, lines 34-51),
A second outlet (20a, 20b) for the second heat-transfer fluid out of the flow enclosure (Figure 1a, Col. 3, lines 15-36, and Col. 4, lines 34-51),
An exchanger block with plates (defined by at least 36, 42, 45) disposed in the flow enclosure so as to be in fluid communication with the inlets and the outlets in order to permit the flow of the first heat-transfer fluid and of the second heat-transfer fluid into and through this exchanger block and the transfer of calories therebetween (Figures 1a-2b, Col. 3, lines 15-36, and Col. 4, lines 34-51),
The exchanger block comprising a plurality of internal plates (i.e. 36) disposed substantially parallel with respect to each other (Figures 1a-2b), where each external plate has at least one through opening (Annotated Figure 2b: See recessed central region), the at least one through opening being localized within the central region of the main face of the at least two external plates (Annotated Figure 2b) so as not to extend to the borders and the corners of the main face of the at least two external plates (Annotated Figure 2b: The recessed central region is located within and at a distance from borders and the corners of the main face of the at least two external plates), where at least one internal plate of the exchanger block is placed next to each of the at least two external plates (Figures 1 and 2b) so as to prevent any fluid from passing through said at least one through opening (Figures 1 and 2b: The at least one through opening is located outside of and separated from heat exchange fluid flow paths), where the at least one internal plate (e.g. 36) (Figures 2b-5) has a thickness smaller than a thickness of said at least two external plates (e.g. 80) (Figures 2b-4).
Claims 4 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Bolla et al. (US 6,267,176), and further in view of Zager et al. (US 2015/0041109).
Regarding claim 4, Bolla et al. discloses a heat-exchange device as discussed above, further comprising: at least one box (22) -referred to as supply box- forming a solid peripheral wall (Figures 1a and 2a: See location where 22 connects to 82) between an orifice (i.e. 26) and the flow enclosure (Figure 1a), the at least one supply box comprising an internal surface (Figure 1a). However, Bolla et al. does not teach or disclose that the internal surface of the at least one box comprises a plurality of protruding elements.
Zager et al. teaches a heat-exchange device (10) comprising: a flow enclosure defined by at least two external plates (23 and 40), a first inlet for a first heat-transfer fluid into the flow enclosure (Figure 1: See inlet flow for Ac), a first outlet for the first heat-transfer fluid out of the flow enclosure (Figure 1: See outlet flow for Ac), a second inlet for a second heat-transfer fluid into the flow enclosure (Figure 1: See inlet flow for Ah), a second outlet for the second heat-transfer fluid out of the flow enclosure (Figure 1: See outlet flow for Ah), an exchanger block (16) with plates (24) disposed in the flow enclosure so as to be in fluid communication with the inlets and the outlets in order to permit the flow of the first heat-transfer fluid and of the second heat-transfer fluid into and through this exchanger block and the transfer of calories therebetween (Figure 1), where there is at least one supply box (Figures 1-2: Defined by element comprising 12) forming a solid peripheral wall (12) between an orifice (Figures 1-2: Defined by an outlet orifice for flow Ac) and the flow enclosure (Figures 1-2), the at least one supply box comprising an internal surface (Figure 2) having a plurality of protruding elements (22), the protruding elements being configured to be able to be in contact with the first heat-transfer fluid and/or the second heat-transfer fluid (Figure 2). 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 supply box as disclosed by Bolla et al. with protruding elements as taught by Zager et al. to improve heat-exchange device performance and longevity through reducing thermal stresses by improving heat transfer between fluids at locations of hot/cold corners (Paragraph 17 of Zager et al.).
Regarding claim 7, Bolla et al. discloses a heat-exchange device as discussed above. However, Bolla et al. does not teach or disclose that protruding elements of a core band and the core band are formed as one piece.
Zager et al. teaches a heat-exchange device (10) comprising: a flow enclosure defined by at least two external plates (23 and 40), a first inlet for a first heat-transfer fluid into the flow enclosure (Figure 1: See inlet flow for Ac), a first outlet for the first heat-transfer fluid out of the flow enclosure (Figure 1: See outlet flow for Ac), a second inlet for a second heat-transfer fluid into the flow enclosure (Figure 1: See inlet flow for Ah), a second outlet for the second heat-transfer fluid out of the flow enclosure (Figure 1: See outlet flow for Ah), an exchanger block (16) with plates (24) disposed in the flow enclosure so as to be in fluid communication with the inlets and the outlets in order to permit the flow of the first heat-transfer fluid and of the second heat-transfer fluid into and through this exchanger block and the transfer of calories therebetween (Figure 1), where there is at least one core band (12) arranged to form at least one edge of the exchanger block (Figures 1 and 2), the at least one core band having (i.e. defining) a plurality of protruding elements (22) configured to be able to be in contact with at least one of the first heat-transfer fluid and second heat-transfer fluid (Figures 1 and 2), and where the protruding elements of a core band and the core band are formed as one piece (Figure 2: The protruding elements are integrally formed with the core band). 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 core band as disclosed by Bolla et al. with integrally formed protruding elements as taught by Zager et al. to improve heat-exchange device performance and longevity through reducing thermal stresses by improving heat transfer between fluids at locations of hot/cold corners (Paragraph 17 of Zager et al.).
Claims 1-3, 5, 6, 8-11 are alternatively rejected under 35 U.S.C. 103 as being unpatentable over Bolla et al. (US 6,267,176), and further in view of Rainmarckers (EP 3623606 A1).
Regarding claim 1, Bolla et al. discloses a heat-exchange device (10) comprising:
A flow enclosure defined by at least two external plates (Figure 4 and Col. 5, line 62 to Col. 6, line 12: Defined by first and second side plates 80),
The at least two external plates each having a main face mainly extending along a plane (Figure 2b), the main face having a central region and borders and corners (Annotated Figure 2b),
A first inlet (26) for a first heat-transfer fluid into the flow enclosure (Figure 1a and Col. 3, lines 15-36),
A first outlet (27) for the first heat-transfer fluid out of the flow enclosure (Figure 1a and Col. 3, lines 15-36),
A second inlet (18a, 18b) for a second heat-transfer fluid into the flow enclosure (Figure 1a, Col. 3, lines 15-36, and Col. 4, lines 34-51),
A second outlet (20a, 20b) for the second heat-transfer fluid out of the flow enclosure (Figure 1a, Col. 3, lines 15-36, and Col. 4, lines 34-51),
An exchanger block with plates (defined by at least 36, 42, 45) disposed in the flow enclosure so as to be in fluid communication with the inlets and the outlets in order to permit the flow of the first heat-transfer fluid and of the second heat-transfer fluid into and through this exchanger block and the transfer of calories therebetween (Figures 1a-2b, Col. 3, lines 15-36, and Col. 4, lines 34-51),
The exchanger block comprising a plurality of internal plates (i.e. 36) disposed substantially parallel with respect to each other (Figures 1a-2b), where each external plate has at least one through opening (Annotated Figure 2b: See recessed central region). However, Bolla et al. does not teach or disclose a through opening extending through the exchanger block.
Rainmarckers teaches a heat-exchange device (50) comprising at least: a flow enclosure defined by at least two external plates (Figure 4: Defined by first and second outermost plates), the at least two external plates each having a main face mainly extending along a plane (Figure 4), the main face having a central region and borders and corners (Figure 4), an exchanger block (54, 56) with plates for first and second fluids (Figure 4) and at least one through opening (64), where the at least one through opening is localized within said central region of said main face of said at least two external plates (Figure 4), so as not to extend to said borders and said corners of said main face of said at least two external plates (Figure 4), and where at least one internal plate of said exchanger block is placed next to each of said at least two external plates so as to prevent any fluid (i.e. any of the first and second fluids) from passing through said at least one through opening (Figure 4 and Paragraphs 38-40 of the attached translation: The at least one through opening defines a passage for a fluid that is separated from the first and second fluids). 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 heat-exchange device by Bolla et al. with at least one through opening as taught by Rainmarckers to improve heat-exchange device versatility by enabling the heat exchanger to exchange heat with more than two fluids (e.g. enabling heating and or cooling of one or more fluids).
Bolla et al. further discloses that the at least one internal plate (e.g. 36) (Figures 2b-5) has a thickness smaller than a thickness of said at least two external plates (e.g. 80) (Figures 2b-4).
Regarding claim 2, Bolla et al. discloses a heat-exchange device as discussed above, further comprising at least one core band arranged to form at least one edge of the exchanger block (Figures 1a and 2a: Core bands are defined by an outer edge of each inlet/outlet face of the heat-exchange device. See at least elements 66, 88, 84), the at least one core band having (i.e. defining) a plurality of protruding elements (i.e. 66, 88) configured to be able to be in contact with at least one of the first heat-transfer fluid and second heat-transfer fluid (Figure 2a).
Regarding claim 3, Bolla et al. discloses a heat-exchange device as discussed above, where the second heat-transfer fluid corresponds to the heat-transfer fluid which is at a temperature greater than the temperature of the first heat-transfer fluid (Col. 4, lines 19-33: Pursuant the operation of a heat exchanger one of the first fluid or the second fluid necessarily has a temperature greater than the other of the first fluid or the second fluid).
Regarding claim 5, Bolla et al. discloses a heat-exchange device as discussed above, where the protruding elements are at least partially in the form of ribs (Figure 2a: Square/rectangular ribs).
Regarding claim 6, Bolla et al. discloses a heat-exchange device as discussed above, where the protruding elements are at least partially in the form of studs (Figure 2a: Square/rectangular studs).
Regarding claim 8, Bolla et al. discloses a heat-exchange device as discussed above, further comprising at least one core band arranged to form at least one edge of the exchanger block (Figures 1a and 2a: Core bands are defined by an outer edge of each inlet/outlet face of the heat-exchange device. See at least elements 66, 88, 84), the at least one core band having at least one hollow (Figures 1a and 2a: Defined by a recessed area surrounded by the elements 66, 88, 84).
Regarding claim 9, Bolla et al. discloses a heat-exchange device as discussed above, further comprising at least one flow guide (30a, 30b, 32) disposed between each internal plate of the exchanger block (Figure 2a), each flow guide being adapted to form a plurality of channels which are substantially parallel to each other (Figure 2a and Col. 4, lines 34-51).
Regarding claim 10, Bolla et al. discloses an air-conditioning system (Col. 7, lines 6-9), comprising:
At least one heat-exchange device (10), comprising:
A flow enclosure defined by at least two external plates (Figure 4 and Col. 5, line 62 to Col. 6, line 12: Defined by first and second side plates 80),
The at least two external plates each having a main face mainly extending along a plane (Figure 2b), the main face having a central region and borders and corners (Annotated Figure 2b),
A first inlet (26) for a first heat-transfer fluid into the flow enclosure (Figure 1a and Col. 3, lines 15-36),
A first outlet (27) for the first heat-transfer fluid out of the flow enclosure (Figure 1a and Col. 3, lines 15-36),
A second inlet (18a, 18b) for a second heat-transfer fluid into the flow enclosure (Figure 1a, Col. 3, lines 15-36, and Col. 4, lines 34-51),
A second outlet (20a, 20b) for the second heat-transfer fluid out of the flow enclosure (Figure 1a, Col. 3, lines 15-36, and Col. 4, lines 34-51),
An exchanger block with plates (defined by at least 36, 42, 45) disposed in the flow enclosure so as to be in fluid communication with the inlets and the outlets in order to permit the flow of the first heat-transfer fluid and of the second heat-transfer fluid into and through this exchanger block and the transfer of calories therebetween (Figures 1a-2b, Col. 3, lines 15-36, and Col. 4, lines 34-51),
The exchanger block comprising a plurality of internal plates (i.e. 36) disposed substantially parallel with respect to each other (Figures 1a-2b), where each external plate has at least one through opening (Annotated Figure 2b: See recessed central region). However, Bolla et al. does not teach or disclose a through opening extending through the exchanger block.
Rainmarckers teaches a heat-exchange device (50) comprising at least: a flow enclosure defined by at least two external plates (Figure 4: Defined by first and second outermost plates), the at least two external plates each having a main face mainly extending along a plane (Figure 4), the main face having a central region and borders and corners (Figure 4), an exchanger block (54, 56) with plates for first and second fluids (Figure 4) and at least one through opening (64), where the at least one through opening is localized within said central region of said main face of said at least two external plates (Figure 4), so as not to extend to said borders and said corners of said main face of said at least two external plates (Figure 4), and where at least one internal plate of said exchanger block is placed next to each of said at least two external plates so as to prevent any fluid (i.e. any of the first and second fluids) from passing through said at least one through opening (Figure 4 and Paragraphs 38-40 of the attached translation: The at least one through opening defines a passage for a fluid that is separated from the first and second fluids). 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 heat-exchange device by Bolla et al. with at least one through opening as taught by Rainmarckers to improve heat-exchange device versatility by enabling the heat exchanger to exchange heat with more than two fluids (e.g. enabling heating and or cooling of one or more fluids).
Bolla et al. further discloses that the at least one internal plate (e.g. 36) (Figures 2b-5) has a thickness smaller than a thickness of said at least two external plates (e.g. 80) (Figures 2b-4).
Regarding claim 11, Bolla et al. discloses an aircraft (Col. 7, lines 6-9), comprising: air-conditioning system (Col. 7, lines 6-9), comprising:
At least one heat-exchange device (10), comprising:
A flow enclosure defined by at least two external plates (Figure 4 and Col. 5, line 62 to Col. 6, line 12: Defined by first and second side plates 80),
The at least two external plates each having a main face mainly extending along a plane (Figure 2b), the main face having a central region and borders and corners (Annotated Figure 2b),
A first inlet (26) for a first heat-transfer fluid into the flow enclosure (Figure 1a and Col. 3, lines 15-36),
A first outlet (27) for the first heat-transfer fluid out of the flow enclosure (Figure 1a and Col. 3, lines 15-36),
A second inlet (18a, 18b) for a second heat-transfer fluid into the flow enclosure (Figure 1a, Col. 3, lines 15-36, and Col. 4, lines 34-51),
A second outlet (20a, 20b) for the second heat-transfer fluid out of the flow enclosure (Figure 1a, Col. 3, lines 15-36, and Col. 4, lines 34-51),
An exchanger block with plates (defined by at least 36, 42, 45) disposed in the flow enclosure so as to be in fluid communication with the inlets and the outlets in order to permit the flow of the first heat-transfer fluid and of the second heat-transfer fluid into and through this exchanger block and the transfer of calories therebetween (Figures 1a-2b, Col. 3, lines 15-36, and Col. 4, lines 34-51),
The exchanger block comprising a plurality of internal plates (i.e. 36) disposed substantially parallel with respect to each other (Figures 1a-2b), where each external plate has at least one through opening (Annotated Figure 2b: See recessed central region). However, Bolla et al. does not teach or disclose a through opening extending through the exchanger block.
Rainmarckers teaches a heat-exchange device (50) comprising at least: a flow enclosure defined by at least two external plates (Figure 4: Defined by first and second outermost plates), the at least two external plates each having a main face mainly extending along a plane (Figure 4), the main face having a central region and borders and corners (Figure 4), an exchanger block (54, 56) with plates for first and second fluids (Figure 4) and at least one through opening (64), where the at least one through opening is localized within said central region of said main face of said at least two external plates (Figure 4), so as not to extend to said borders and said corners of said main face of said at least two external plates (Figure 4), and where at least one internal plate of said exchanger block is placed next to each of said at least two external plates so as to prevent any fluid (i.e. any of the first and second fluids) from passing through said at least one through opening (Figure 4 and Paragraphs 38-40 of the attached translation: The at least one through opening defines a passage for a fluid that is separated from the first and second fluids). 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 heat-exchange device by Bolla et al. with at least one through opening as taught by Rainmarckers to improve heat-exchange device versatility by enabling the heat exchanger to exchange heat with more than two fluids (e.g. enabling heating and or cooling of one or more fluids).
Bolla et al. further discloses that the at least one internal plate (e.g. 36) (Figures 2b-5) has a thickness smaller than a thickness of said at least two external plates (e.g. 80) (Figures 2b-4).
Claims 4 and 7 are alternatively rejected under 35 U.S.C. 103 as being unpatentable over Bolla et al. (US 6,267,176) and Rainmarckers (EP 3623606 A1), and further in view of Zager et al. (US 2015/0041109).
Regarding claim 4, Bolla et al. discloses a heat-exchange device as discussed above, further comprising: at least one box (22) -referred to as supply box- forming a solid peripheral wall (Figures 1a and 2a: See location where 22 connects to 82) between an orifice (i.e. 26) and the flow enclosure (Figure 1a), the at least one supply box comprising an internal surface (Figure 1a). However, Bolla et al. does not teach or disclose that the internal surface of the at least one box comprises a plurality of protruding elements.
Zager et al. teaches a heat-exchange device (10) comprising: a flow enclosure defined by at least two external plates (23 and 40), a first inlet for a first heat-transfer fluid into the flow enclosure (Figure 1: See inlet flow for Ac), a first outlet for the first heat-transfer fluid out of the flow enclosure (Figure 1: See outlet flow for Ac), a second inlet for a second heat-transfer fluid into the flow enclosure (Figure 1: See inlet flow for Ah), a second outlet for the second heat-transfer fluid out of the flow enclosure (Figure 1: See outlet flow for Ah), an exchanger block (16) with plates (24) disposed in the flow enclosure so as to be in fluid communication with the inlets and the outlets in order to permit the flow of the first heat-transfer fluid and of the second heat-transfer fluid into and through this exchanger block and the transfer of calories therebetween (Figure 1), where there is at least one supply box (Figures 1-2: Defined by element comprising 12) forming a solid peripheral wall (12) between an orifice (Figures 1-2: Defined by an outlet orifice for flow Ac) and the flow enclosure (Figures 1-2), the at least one supply box comprising an internal surface (Figure 2) having a plurality of protruding elements (22), the protruding elements being configured to be able to be in contact with the first heat-transfer fluid and/or the second heat-transfer fluid (Figure 2). 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 supply box as disclosed by Bolla et al. with protruding elements as taught by Zager et al. to improve heat-exchange device performance and longevity through reducing thermal stresses by improving heat transfer between fluids at locations of hot/cold corners (Paragraph 17 of Zager et al.).
Regarding claim 7, Bolla et al. discloses a heat-exchange device as discussed above. However, Bolla et al. does not teach or disclose that protruding elements of a core band and the core band are formed as one piece.
Zager et al. teaches a heat-exchange device (10) comprising: a flow enclosure defined by at least two external plates (23 and 40), a first inlet for a first heat-transfer fluid into the flow enclosure (Figure 1: See inlet flow for Ac), a first outlet for the first heat-transfer fluid out of the flow enclosure (Figure 1: See outlet flow for Ac), a second inlet for a second heat-transfer fluid into the flow enclosure (Figure 1: See inlet flow for Ah), a second outlet for the second heat-transfer fluid out of the flow enclosure (Figure 1: See outlet flow for Ah), an exchanger block (16) with plates (24) disposed in the flow enclosure so as to be in fluid communication with the inlets and the outlets in order to permit the flow of the first heat-transfer fluid and of the second heat-transfer fluid into and through this exchanger block and the transfer of calories therebetween (Figure 1), where there is at least one core band (12) arranged to form at least one edge of the exchanger block (Figures 1 and 2), the at least one core band having (i.e. defining) a plurality of protruding elements (22) configured to be able to be in contact with at least one of the first heat-transfer fluid and second heat-transfer fluid (Figures 1 and 2), and where the protruding elements of a core band and the core band are formed as one piece (Figure 2: The protruding elements are integrally formed with the core band). 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 core band as disclosed by Bolla et al. with integrally formed protruding elements as taught by Zager et al. to improve heat-exchange device performance and longevity through reducing thermal stresses by improving heat transfer between fluids at locations of hot/cold corners (Paragraph 17 of Zager et al.).
Response to Arguments
Regarding the statements on page 10, line 1 to page 11, line 9:
Applicant’s statements regarding the status of the instant application are noted. However, and as noted in the 35 USC 112 rejections as discussed above, the amendment appears to introduce new matter and new indefiniteness.
Regarding the arguments on page 11, line 10 to page 13, line 4:
Applicant alleges that Bolla does not teach or disclose that each external plate has at least one through opening as claimed. Applicant's arguments have been fully considered but they are not persuasive.
New interpretations of Bolla are provided for applicant’s consideration as necessitated by applicant’s amendment due to the new matter and new indefiniteness as discussed in the 35 USC 112 rejections as discussed above.
Applicant also alleges that the at least one through opening of the claimed invention is not through the heat exchanger block but only through each external plate of the heat exchanger block. Applicant's arguments have been fully considered but they are not persuasive.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., at least one through opening not passing through the heat exchanger block) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). In the instant case, the structure and nature of the at least one through opening does not appear to be clearly defined.
Regarding the arguments on page 13, line 5 to page 15, line 12:
Applicant alleges that Rainmarckers does not teach or disclose that each external plate has at least one through opening as claimed since Rainmarckers discloses through holes configured to accommodate a fluid. Applicant's arguments have been fully considered but they are not persuasive.
A new interpretation of Rainmarckers is provided for applicant’s consideration as necessitated by applicant’s amendment due to the new matter and new indefiniteness as discussed in the 35 USC 112 rejections as discussed above.
Regarding the arguments on page 15, lines 13-14:
Applicant summarizes that Bolla and Rainmarckers do not teach or disclose the claimed invention. Applicant's arguments have been fully considered but they are not persuasive for the same reasons as discussed above.
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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/JASON N THOMPSON/Examiner, Art Unit 3763
/FRANTZ F JULES/Supervisory Patent Examiner, Art Unit 3763