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 .
Election/Restrictions
Applicant's election with traverse of Group I (claims 1-14) in the reply filed on 3/6/2026 is acknowledged. The traversal is on the ground(s) that no evidence of record to show that the claimed process could be used as the Office has alleged. This is not found persuasive because “Allegations of different processes or products need not be documented”, see MPEP 806.05(f). The restriction requirement has established a difference that a structure with the claimed radial ribs and fins in the product claims (1-14) and a structure without the radial ribs and fins in the process claims (15-20), and hence the materially different product and process claims. As a result, the product and process claims are distinct, and a burden of examination occurs when the subject matters are examined together that requires different classification, field, and strategy of search.
The requirement is still deemed proper and is therefore made FINAL.
Claims 15-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 3/6/2026.
Specification
The disclosure is objected to because of the following informalities:
Page 10, line 12 discloses “In an embodiment, a length of each of the two plenums is from 0.1 m to 2 m”.
A conflicting unit of the length of each of the two plenums disclosed on page 15, lines 19-20, “In an embodiment, the length of each of the two plenums 106 and 108 can be from 0.1 millimeter (mm) to 2 mm”.
Appropriate correction is required.
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(s) 1-5, 7-11 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Azzouz (WO 2017/042504 A1) in view of Rodgers (US Patent No. 3,217,799) and Bolin (US PGPub No. 2022/0082337).
Regarding claim 1, Azzouz discloses a microchannel compact heat exchanging system (Fig. 1a), comprising:
a microchannel (a micro tube 1); and
a phase change material in the microchannel (each tube 1 contain a phase change material, paragraph 0030 of the translation); and
two plenums (a top half interior of the micro tube 1; and a bottom half interior of the micro tube 1) connected to the microchannel (both the top and bottom half interior of the tube 1 connect to the micro tube 1 itself).
Azzouz fails to disclose a ribbed microchannel including a plurality of radial ribs and fins, a ratio between a thickness of each radial rib and a radius of the ribbed microchannel being within a first predefined range; and
a water-based nanofluid in the ribbed microchannel comprising polyethylene glycol (PEG), calcium chloride, and a graphene oxide carbon-based material.
Rodgers discloses a ribbed channel (Fig. 14) including a plurality of radial ribs (ribs with thickness To) and fins (fins with spacing So), a ratio between a thickness of each radial rib (the thickness To) and a radius (outside diameter Do divided by 2) of the ribbed microchannel being within a first predefined range (the claimed ratio may be obtained by To/0.5Do, and embodiment Figs. 9-14 of Rodgers discloses a range of different thickness To and outside diameter Do having a range of said ratio).
Therefore, outer surface of the micro tube 1 of Azzouz may be provided with radial ribs with the ratio being within a first predefined range.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided a ribbed microchannel including a plurality of radial ribs and fins, a ratio between a thickness of each radial rib and a radius of the ribbed microchannel being within a first predefined range in Azzouz as taught by Rodgers in order to increase a heat transfer capacity in the form of fins/ribs (col. 1, lines 41-46 or Rodgers).
Bolin discloses a water-based nanofluid (a phase change material PCM having small particles Psmall) comprising polyethylene glycol, calcium chloride (Paragraph 0056 discloses the phase change material (PCM) is at least one selected from the group consisting of water, a salt, a hydrate, a salt hydrate, an inorganic compound, and an organic compound. Paragraph 0057 discloses CaCl2.6H2O as the salt. Paragraph 0061 discloses Polyethylene glycol as the organic compound), and a graphene oxide carbon-based material (Paragraph 0068 discloses the Psmall material includes graphene oxide).
Therefore, the phase change material in the tube 1 of Azzouz may be replaced by the phase change material comprising polyethylene glycol (PEG), calcium chloride, and a graphene oxide carbon-based material as taught by Bolin in an application that requires a greater heat conduction (paragraph 0022 of Bolin) and requires the melting/freezing temperature of the phase change material.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided a water-based nanofluid in the ribbed microchannel comprising polyethylene glycol (PEG), calcium chloride, and a graphene oxide carbon-based material in Azzouz as taught by Bolin in order to provide a heat storage in an application that requires a greater heat conduction (paragraph 0022 of Bolin) and requires the melting/freezing temperature of the phase change material.
Regarding claim 2, Azzouz as modified in claim 1 fails to disclose wherein the first predefined range is from 5 to 10.
Rodgers (Fig. 7C) further discloses a variation of the thickness T= 1/4” and T=1/16” results a change in a resistance factor R. Since the thickness T is a numerator of the claimed ratio, the claimed ratio inherently also results a change in a resistance factor R. Therefore, the ratio is result effective. One of ordinary skill in the art would perform routine optimization of the ratio including the first predefined range from 5 to 10 in order for optimum resistance factor R of the fluid flowing around the ribs/fins. Therefore, specifying the first predefined range in the claim is not novel.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided wherein the first predefined range is from 5 to 10 in Azzouz as taught by Rodgers through routine optimization to obtain the optimum resistance factor R the fluid flowing around the ribs/fins in Azzouz.
Regarding claim 3, Azzouz as modified in claim 2 fails to disclose wherein the thickness of each radial rib is from 0.1 mm to 1 mm and the radius of the ribbed microchannel is from 0.05 mm to 0.1 mm.
As noted in claim 2 above, Fig. 7C of Rodgers discloses a variation of the thickness T= 1/4” and T=1/16” results a change in a resistance factor R. Therefore, the thickness of each radial rib is result effective. Although Rodgers lacks exact disclosure of the claimed thickness T, one of ordinary skill in the art would perform routine optimization of the thickness T including the claimed range from 0.1 mm to 1 mm in order for optimum resistance factor R of the fluid flowing around the ribs/fins. Therefore, specifying the range of the thickness T in the claim is not novel.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided wherein the thickness of each radial rib is from 0.1 mm to 1 mm in Azzouz as taught by Rodgers through routine optimization to obtain the optimum resistance factor R the fluid flowing around the ribs/fins in Azzouz.
Also, the radius of the ribbed microchannel is also result effective. Azzouz further discloses the spacing between the outer walls of adjacent tubes 1 may be 0.6mm to allow a good circulation of the fluid between tubes 1 (paragraph 0089 of the translation). Therefore, changing an outer diameter of the tube (and radius) effectively results a change in the spacing between the outer walls of adjacent tubes 1 in the bundle of tubes 1 in Azzouz’s disclosure. Second, examiner takes official notice that changing a radius of a tube effectively results a change in size of the tube. Although Azzouz’s tube 1 has a diameter of 1-10 millimeters which fails to overlap the claimed range, one of ordinary skill in the art would perform routine optimization of the radius of the tube 1 including the claimed range of 0.05 mm to 0.1 mm in order for optimum spacing between the tubes 1 and the size of the tubes 1.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided wherein the radius of the ribbed microchannel is from 0.05 mm to 0.1 mm in Azzouz through routine optimization to obtain optimum spacing between the tubes 1 and the size of the tubes 1.
Regarding claim 4, Azzouz as modified in claim 1 further discloses wherein a length of each of the two plenums is from 0.1 m to 2 m (Azzouz discloses a tube length may be 100-300mm, paragraph 0030 of the translation. The length of each top and bottom half interior of the micro tube 1 is thus 1/2 of, for example, the total length 300mm of the tube 1, which is 150mm or 0.15 m within the claimed range).
Regarding claim 5, Azzouz as modified in claim 1 fails to disclose wherein a distance between two adjacent radial ribs is from 0.01 mm to 0.1 mm.
Rodgers (Figs. 7A-7D) further discloses a variation of spacing/height ration S/H results a change in a resistance factor R. A change in a distance between two adjacent radial ribs (as the spacing S in Rodgers) results a change in the resistance factor R. Therefore, the distance between two adjacent radial ribs is result effective. One of ordinary skill in the art would perform routine optimization of the distance including from 0.01 mm to 0.1 mm in order for optimum resistance factor R of the fluid flowing around the ribs/fins. Therefore, specifying the range of the distance in the claim is not novel.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided wherein a distance between two adjacent radial ribs is from 0.01 mm to 0.1 mm in Azzouz as taught by Rodgers through routine optimization to obtain the optimum resistance factor R the fluid flowing around the ribs/fins in Azzouz.
Regarding claim 7, Azzouz as modified in claim 1 further discloses wherein the water-based nanofluid is prepared by preparing a solution by dispersing the PEG and the calcium chloride into water at 25 ℃ until the PEG and the calcium chloride reach saturation and by dispersing the graphene oxide carbon-based material into the solution (“by preparing”, “by dispersing” and limitations following the “dispersing” are product-by-process limitation, and the patentability of a product does not depend on its method of production, see MPEP 2113. The aforementioned “preparing” and “dispersing” do not imply a distinct structure to the “water-based nanofluid” itself. The only structure of the water-based nanofluid is a solution. Azzouz discloses that the PCM may be a salt, water, and an organic compound in paragraphs 0056 and 0057. Thus the PCM material in Azzouz is a solution), a volume fraction of the graphene oxide in the solution being within a second predefined range (paragraph 0081 of Bolin further discloses a range of the Psmall particles).
Regarding claim 8, Azzouz in claim 7 further discloses wherein the second predefined range is from 0.25% to 1.0% (Bolin discloses an example of 1 wt% of the smaller particles, paragraph 0081).
Regarding claims 9-11, “wherein the water-based nanofluid is stirred for a first time period and processed for a second time period using an ultrasonic signal”,
“wherein the first and the second time periods are from 5 mins to 60 mins”, and
“wherein a power and a frequency of the ultrasonic signal are 400 W and 24 kHz, respectively” are also product-by-process limitations, and the patentability of a product does not depend on its method of production, see MPEP 2113. The stirring for a first time period, processing for a second time period using an ultrasonic signal in claim 9, and further limitations for the time periods and the ultrasonic signal do not, at least in terms of its composition, imply a distinct structure to the “water-based nanofluid” itself. Please note that determination of patentability is based on the product itself.
Regarding claim 13, Azzouz as modified in claim 1 further discloses wherein the two plenums provide a laminar fluid flow in the ribbed microchannel (the two half interiors of tube 1 have a smooth surface, see Fig. 5 of Azzouz, providing a function of a laminar fluid flow of the PCM in the ribbed microchannel).
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Azzouz (WO 2017/042504 A1) in view of Rodgers (US Patent No. 3,217,799) and Bolin (US PGPub No. 2022/0082337) as applied to claim 1 above, and further in view of Hage (EP 0301121 B1).
Regarding claim 6, Azzouz as modified in claim 1 fails to disclose wherein a number of the plurality of radial ribs is 7.
Hage discloses radial fins having a number of at least 7 (Fig. 3).
Therefore, the fins provided onto the tubes 1 in Azzouz may have a number of at least 7 including the claimed number for a desired increased performance of the heat exchange.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided wherein a number of the plurality of radial ribs is 7 in Azzouz as taught by Hage in order to obtain a desired increased performance of the heat exchange.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Azzouz (WO 2017/042504 A1) in view of Rodgers (US Patent No. 3,217,799) and Bolin (US PGPub No. 2022/0082337) as applied to claim 1 above, and further in view of Pappert (DE 10 2020 001380 A1).
Regarding claim 12, Azzouz as modified in claim 1 fails to disclose wherein the water-based nanofluid further comprises carboxymethyl cellulose.
Pappert discloses a phase change material (paragraph 0043), the phase change material is mixed with at least one additive in order to gel the phase change material in its molten state to prevent large quantities of phase change material from being released in the event of leaks in the storage system. The gelling agent may be carboxymethyl cellulose sodium salt.
Therefore, the phase change material in Azzouz in view of Bolin may be further provided with the carboxymethyl cellulose sodium salt as taught by Pappert as a gelling agent to prevent large quantities of phase change material from being released in the event of leaks in the storage system.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided wherein the water-based nanofluid further comprises carboxymethyl cellulose in Azzouz as taught by Pappert in order to prevent large quantities of phase change material from being released in the event of leaks.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Farrar (US PGPub No. 2021/0197168) in view of Rodgers (US Patent No. 3,217,799).
Regarding claim 14, Farrar discloses a micro catalytic reactor (process vessel 18w as microreactor, Fig. 3), comprising:
a ribbed microchannel (elongated tube 70w, and may include fins, paragraph 0055, and may be a microchannel since it is provided within the microreactor 18), an internal surface of the ribbed microchannel being coated with a nano-catalyst (the inner surface of the elongated tube 70w can be coated with a catalyst, paragraph 0054, and such catalysts can include nano structures); and
two plenums connected to the ribbed microchannel (inlet 20w and outlet 26w connected to the elongated tube 70w).
Farrar fails to disclose a plurality of radial ribs and fins and a ratio between a thickness of each radial rib and a radius of the ribbed microchannel being within a range from 5 to 10.
Rodgers discloses (Fig. 14) a plurality of radial ribs (ribs with thickness To) and fins (fins with spacing So).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided a plurality of radial ribs and fins in Farrar as taught by Rodgers in order to increase its surface area and promote heat conduction.
Rodgers discloses a thickness of each radial rib (the thickness To) and a radius (outside diameter Do divided by 2). The claimed ratio may be obtained by To/0.5Do, and embodiment Figs. 9-14 of Rodgers discloses a range of different thickness To and outside diameter Do having a range of said ratio. Rodgers (Fig. 7C) further discloses a variation of the thickness T= 1/4” and T=1/16” results a change in a resistance factor R. Since the thickness T is a numerator of the claimed ratio, the claimed ratio inherently also results a change in a resistance factor R. Therefore, the ratio is result effective. One of ordinary skill in the art would perform routine optimization of the ratio including the first predefined range from 5 to 10 in order for optimum resistance factor R of the fluid flowing around the ribs/fins. Therefore, specifying the first predefined range in the claim is not novel.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided wherein a ratio between a thickness of each radial rib and a radius of the ribbed microchannel being within a range from 5 to 10 in Farrar as taught by Rodgers through routine optimization to obtain the optimum resistance factor R the fluid flowing around the ribs/fins in Farrar.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FOR K LING whose telephone number is (571)272-8752. The examiner can normally be reached Monday through Friday, 8:30 am to 5 pm.
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/JIANYING C ATKISSON/Supervisory Patent Examiner, Art Unit 3763
/F.K.L/Examiner, Art Unit 3763
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