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 amendment filed 11/7/2025. Currently, claim 2 has been canceled, claims 1, 3-20 are pending and claims 14-20 are withdrawn.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1, 3 and 7-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Vanderwees (US Patent No.: 9,893,392).
With respect to claim 1, Vanderwees discloses a heat exchanger (Figs. 3, 12, 16-17, 22) comprising a primary tube (Figs. 16-17, plates 232 and 234 create a primary tube) including a first flat plate (232 is flat plate 240) and a first shaped plate (234) connected to each other to form a first fluid channel (Col. 10, lines 27-40, 232 and 234 are connected to each other), wherein the first flat plate and the first shaped plate include fluid openings to enable fluid flow to and from the primary tube (Fig. 17, fluid openings 246 and 248) and wherein one end of the primary tube comprises a first pair of fluid openings and a second pair of fluid openings, each pair of fluid openings including one fluid opening in the first flat plate on a first side of the first flat plate and one fluid opening in the first shaped plate such that fluid slows in the primary tube from the first pair of fluid openings to the second pair of fluid openings (Figs. 16-17, openings 246 and 248 and Fig. 22 shows the openings at 312, 314, 324, 326 and 316 one the plates).
With respect to claim 3, Vanderwees discloses the heat exchanger according to claim 1 as discussed above. Vanderwees also discloses wherein the first fluid channel forms a U-flow path having a first arm and a second arm (Fig. 29, U flow path from 410 to 412), the fluid openings being arranged at opposite ends of the U-flowpath (Fig. 29, openings for 4281 and 4280 are at opposite ends of U-flowpath).
With respect to claim 7, Vanderwees discloses the heat exchanger according to claim 1 as discussed above. Vanderwees also discloses wherein the first shaped plate includes a stamped depression forming together with the surface of the first flat plate the first fluid channel (Fig. 23, has depression for fluid channel 308 on plates 306).
It is noted that claim 7 contains a product by process limitation (i.e. stamped depression) and that the product by process limitation does not limit the claim to recite the step, just the structure obtained by performing the step. Further, in product-by-process claims, “once a product appearing to be substantially identical is found and a 35 U.S.C. 102/103 rejection [is] made, the burden shifts to the applicant to show an unobvious difference.” MPEP 2113. This rejection under 35 U.S.C. 102/103 is proper because the “patentability of a product does not depend on its method of production.” In re Thorpe, 227 USPQ 964, 966 (Fed. Cir. 1985).
With respect to claim 8, Vanderwees discloses the heat exchanger according to claim 7 as discussed above. Vanderwees also discloses wherein the stamped depression has flat surface at the bottom, located away from the first flat plate (Fig. 23, bottom of channels 308 is flat at 318 from plates 306).
With respect to claim 9, Vanderwees discloses the heat exchanger according to claim 1 as discussed above. Vanderwees also discloses further comprising a terminal tube connected fluidly to the primary tube (Fig. 32a-b, tube 340), having a second flat plate and a second shaped plate connected to each other to form a second fluid channel (Figs. 32a-32b, tube 340 connects multiple heat exchanger shaped plates 306).
With respect to claim 10, Vanderwees discloses the heat exchanger according to claim 9 as discussed above. Vanderwees also discloses wherein the second shaped plate includes fluid openings for the fluid to enable fluid flow to and from the primary tube (Fig. 32a shows openings 235 and 236. See also Fig. 6, plate 154 has openings into 174), while the second flat plate lacks any fluid openings for the fluid (Fig. 5-7, end plate 130 without any fluid openings).
With respect to claim 11, Vanderwees discloses the heat exchanger according to claim 9 as discussed above. Vanderwees also discloses wherein the fluid openings of the primary tube and the terminal tube are connected by interconnectors to enable fluid flow therebetween (Fig. 32a, manifolds at 326 have interconnectors 340).
With respect to claim 12, Vanderwees discloses the heat exchanger according to claim 9 as discussed above. Vanderwees also discloses wherein the first shaped plate and the second shaped plate face each other (Fig. 22, plates 306 are aligned next to each other and can be stacked and face each other).
With respect to claim 13, Vanderwees discloses the heat exchanger according to claim 9 as discussed above. Vanderwees also discloses wherein the first flat plate and the second flat plate face each other (Fig. 22, plates 306 are aligned next to each other and can be stacked and face each other).
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 4-6 are rejected under 35 U.S.C. 103 as being unpatentable over Vanderwees (US Patent No.: 9,893,392) in view of Mohajer et al. (US Publication No.: 2021/0112683 hereinafter “Mohajer”).
With respect to claim 4, Vanderwees discloses the heat exchanger according to claim 3 as discussed above. Vanderwees also discloses wherein the first arm is split into at least two parallel sub-conduits (Fig. 29, 408 divides both arms into two parallel sub-conduits).
Vanderwees does not disclose while the second arm is formed by a single conduit.
Mohajer teaches the conduit shape, structure, dimension, serpentine path can all vary depending upon the application and desired heat transfer (Para 0057). Therefore it would have been obvious to one having ordinary skill in the art at the time the invention was filed to have modified the second arm of Vanderwees with only one conduit as taught by Mohajer to have a desired flow rate and heat transfer rate (Para 0057).
With respect to claim 5, Vanderwees and Mohajer teach the heat exchanger according to claim 4 as discussed above. Mohajer also teaches wherein the first arm is separated from the second arm by a first wall extending away from the ends of the U-flow path (Fig. 13, middle wall 233), while the at least two sub-conduits are separated from each other by a second wall extending away from the ends of the U-flow path (Fig. 13, wall between the middle wall and outer edge on 231), the first wall extending farther away from the ends of the U-flow path than the second wall (Fig. 13, the middle wall extends farther than the shorter walls).
With respect to claim 6, Vanderwees and Mohajer teach the heat exchanger according to claim 4 as discussed above. Mohajer also discloses wherein the at least two parallel sub-channels terminate in common fluid openings (Fig. 13, sub-channels terminate in a common fluid opening at 232 or at the opposite ends near 235 or 236).
Response to Arguments
Applicant’s arguments with respect to claim 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CLAIRE E ROJOHN III whose telephone number is (571)270-5431. The examiner can normally be reached 9:00-5:00 M-F.
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/CLAIRE E ROJOHN III/Primary Examiner, Art Unit 3763