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 .
Status of Claims
This action is responsive to the amendment filed 10/29/2025. Claims 1-17 and 21-23 are pending and claims 12 and 16 are withdrawn.
Response to Arguments
Applicant’s arguments, see applicant’s remark, filed 10/29/2025, with respect to claim 1 have been fully considered and are persuasive. The previous rejection has been withdrawn.
Drawings
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, the claimed subject matter of “the first passage is circumferentially adjacent and radially aligned with the second passage” (claim 10) and “the first passage is radially adjacent and circumferentially aligned with the second passage” (claim 11); “straight-line load path is axially aligned with and circumferentially between the first passage and the second passage” (claims 17, 21) must be shown or the feature(s) canceled from the claims 10, 11, 17 and 21. No new matter should be entered. Applicant discloses (figure 3) that the first passage (36A) and the second passage (36B) are radially aligned with each other. However, the first passage (36A) and the second passage (36B) are not circumferentially adjacent or aligned. Furthermore, applicant discloses (figure 3) the load path (56) extend radially from the core inner side to the core outer side and perpendicular to the axis from the core inner side to the core outer side, but the load path is not axially aligned with any of the first passage or second passage.
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 § 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 10-11 and 21 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. The claimed subject matter of “the first passage is circumferentially adjacent and radially aligned with the second passage” (claim 10) and “the first passage is radially adjacent and circumferentially aligned with the second passage” (claim 11) render the scope of the claim indefinite since the term “radially aligned” and “circumferentially adjacent” or “radially adjacent and “circumferentially aligned” are contradict with each other. It is not clear how a first passage is circumferentially adjacent and also radially aligned with the second passage. It is also not clear how a first passage is radially adjacent and also circumferentially aligned. Figure 3 discloses the first passage (36A) is radially aligned but cannot be circumferentially adjacent.
Regarding claim 21, the limitation of “the uninterrupted straight-line path is axially aligned with and circumferentially between the first passage and the second passage, and the uninterrupted, straight-line load path extends perpendicular to the axis” renders the scope of the claim indefinite since it is not clear how the straight-line load path both extends perpendicular to the axis and also axially aligned with the first passage and the second passage. The first passages and the second passages extend axially along an axis and the straight-line load path extend perpendicular to the axis, therefore, the straight-line load path cannot be aligned with the first and second passage.
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.
Claim 21 is 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. the limitation of “the uninterrupted straight-line path is axially aligned with and circumferentially between the first passage and the second passage, and the uninterrupted, straight-line load path extends perpendicular to the axis” is not supported by the original disclosure. Furthermore, applicant discloses (figure 3) the load path (56) extend radially from the core inner side to the core outer side and perpendicular to the axis from the core inner side to the core outer side, but the load path is not axially aligned with any of the first passage or second passage.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-4, 8-9, 13 and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ritter et al. (EP 0801210A2)
In regards to claim 1, Ritter et al. discloses
An assembly for an engine (figure 1), comprising:
a heat exchange apparatus (18) including a core (40), a shell (42) and an inner flowpath (36);
the core including a core sidewall (40) and a plurality of internal passages (46), the core sidewall extending axially along and circumferentially around an axis (Fig 7), the core sidewall extending radially from a core inner side (56) to a core outer side (Fig.4), the core inner side (56) forming an outer peripheral boundary of the inner flowpath, (36) the plurality of internal passages (46) arranged circumferentially about the axis, and each of the plurality of internal passages (46) extending axially in the core sidewall (Fig.3); and the shell (42) extending axially along and circumscribing the core (Fig 4), and the shell abutted radially against the core outer side (Fig 4). Ritter further discloses that the core inner side has a radius (about 7 inches, 14 inches diameter) that is at least ten time greater than a radially thickness (about 0.06 inches) of the core sidewall (Example 1, page 4)
In regards to claim 2, Ritter et al discloses (example 1) that the core (40) has a first microstructure ; and the shell (42) has a second microstructure that is different than the first microstructure (the shell has a uninform thickness and the core have ribs).
In regards to claim 3, the method of forming the device “additive manufacturing process” and “forging process” are not germane to the issue of the patentability of the device itself. by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process." In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985). In this case, the core and the shell in the product by process claim is the same as or obvious from the core (40) and the shell (42) with microstructures of Ritter et al. The claims are unpatentable even though the prior core and shell was made by a different process.
In regards to claim 4, Ritter et al. discloses (figures 1 and 7) that the core is configured to transfer heat energy between a first fluid flowing in the inner flowpath (36) and a second fluid flowing in the plurality of internal passages (46).
In regards to claim 8, Ritter et al. discloses (figures 1 and 7) that the inner flowpath (36) is fluidly discrete from the plurality of internal passages (46).
In regards to claim 9, Ritter et al. discloses (figure 1, example 1 ) a combustor comprising the heat exchange apparatus (18); the inner flowpath (36) configured as a combustion chamber within the combustor.
In regards to claim 13, Ritter et al. discloses (figure 3) that the plurality of internal passages (46) include a first passage and a second passage (first and second passages are adjacent to each other, see figure 4); and the first passage and the second passage are fluidly coupled in parallel between an inlet into the heat exchange apparatus and an outlet from the heat exchange apparatus (see figure 3, the fluid passages (46) are parallel and flow from left to right).
In regards to claim 15, Ritter et al discloses (figure 4) that the plurality of internal passages comprise a first passage (46); and the first passage has an elongated cross-sectional geometry when viewed in a reference plane perpendicular to the axis (Fig. 4).
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.
Claims 1-11, 13-15 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Touma, Jr. (US 11,262,142, herein Touma) in view of Kawaguchi et al. (US 2019/0277570A) and Ritter et al. (EP 0801210A2).
In regards to claim 1, Touma discloses
An assembly for an engine (Fig.1, col.3 lines 66-67 and col.4 lines 1-5), comprising:
a heat exchange apparatus (100) including a core (having channels 116) and an inner flowpath (104);
the core including a core sidewall (122) and a plurality of internal passages (116), the core sidewall extending axially along and circumferentially around an axis (Fig.2), the core sidewall extending radially from a core inner side to a core outer side (Fig.2), the core inner side forming an outer peripheral boundary of the inner flowpath (Figs.1-2), the plurality of internal passages arranged circumferentially about the axis (Fig.2), and each of the plurality of internal passages extending axially in the core sidewall (Fig.2).
Touma does not specifically disclose a shell as claimed.
Kawaguchi teaches an assembly for an engine (paragraph 3) comprising a heat exchange apparatus (Fig.1) including a core (8) and a shell (9), the shell extending axially along and circumscribing the core (Figs.1 and 2), and the shell abutted radially against the core outer side (Figs.1 and 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Touma’s assembly to include a shell extending axially along and circumscribing the core and abutted radially against the core as similarly taught by Kawaguchi in order to provide coverage to the core and improve heat transfer efficiency.
Touma does not disclose that the core inner side has a radius that is at least ten times greater than a radial thickness of the core side. Ritter et al. discloses (figures 4, 7 and example 1) an actually dimension of a combustion chamber and its wall, wherein the radius of the combustion chamber (36) is at least ten time greater than the thickness of the combustion wall (40) for a purpose of providing an actual effective cooling and combustion chamber for a gas turbine. (the thickness is about 0.06 inches and the radius is about 7 inches). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to use Ritter’s et al. teaching in Touma’s device for a purpose of providing an actual effective cooling and combustion chamber for a gas turbine.
In regards to claim 2, Touma in view of Kawaguchi and Ritter et al. discloses that the core has a first microstructure (Fig.1); and the shell has a second microstructure that is different than the first microstructure (Fig.2 of Kawaguchi, the shell and the outer peripheral wall have different thicknesses).
In regards to claim 3, Touma in view of Kawaguchi and Ritter discloses that the core is formed using an additive manufacturing process providing the core with the first microstructure (col.5 lines 29-40). Furthermore, the method of forming the device “additive manufacturing process” and “forging process” are not germane to the issue of the patentability of the device itself. by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process." In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985). In this case, the core and the shell in the product by process claim is the same as or obvious from the core and the shell with microstructures of the prior art. The claims are unpatentable even though the prior core and shell was made by a different process.
In regards to claim 4, Touma discloses that the core is configured to transfer heat energy between a first fluid flowing in the inner flowpath and a second fluid flowing in the plurality of internal passages (col.4 lines 66-67 and col.5 lines 1-2).
In regards to claim 5, Touma discloses a compressor section fluidly coupled with and upstream of the inner flowpath (col.3 lines 66-67 and col.4 lines 1-5, Touma discloses the heat exchanger is provided for an aircraft engine combustor, which includes a compressor upstream).
In regards to claim 6, Touma discloses a fuel source fluidly coupled with and upstream of the plurality of internal passages (col.3 lines 66-67 and col.4 lines 1-5, since the heat exchanger is provided for an aircraft engine combustor, it is understood that a fuel source is coupled with and upstream of the internal passages).
In regards to claim 7, Touma discloses a second fluid source fluidly coupled with and upstream of the plurality of internal passages, the second fluid source configured to contain a quantity of the second fluid as a liquid (col.4 lines 66-67 and col.5 lines 1-2).
In regards to claim 8, Touma discloses that the inner flowpath is fluidly discrete from the plurality of internal passages (Fig.1).
In regards to claim 9, Touma discloses a combustor comprising the heat exchange apparatus; the inner flowpath configured as a combustion chamber within the combustor (col.3 lines 66-67 and col.4 lines 1-5).
In regards to claim 10, Touma discloses that the plurality of internal passages include a first passage and a second passage (Fig.2); and the first passage is circumferentially adjacent and radially aligned with the second passage (Fig.3).
In regards to claim 11, Touma discloses that the plurality of internal passages include a first passage and a second passage (Fig.2); and the first passage is radially adjacent and circumferentially aligned with the second passage (Fig.3).
In regards to claim 13, Touma discloses that the plurality of internal passages include a first passage and a second passage (Fig.2); and the first passage and the second passage are fluidly coupled in parallel between an inlet into the heat exchange apparatus and an outlet from the heat exchange apparatus (Fig.1).
In regards to claim 14, Touma discloses that the plurality of internal passages include a first passage and a second passage (Fig.2); and the first passage and the second passage are fluidly coupled in series between an inlet into the heat exchange apparatus and an outlet from the heat exchange apparatus (Fig.1).
In regards to claim 15, Touma discloses that the plurality of internal passages comprise a first passage (Fig.3); and the first passage has an elongated cross-sectional geometry when viewed in a reference plane perpendicular to the axis (Fig.3).
In regards to claim 17, Touma discloses that the plurality of internal passages include a first passage and a second passage (Fig.2); and the core comprises an uninterrupted, straight-line load path (124) radially from the core inner side to the core outer side, and the uninterrupted, straight-line load path is axially aligned with and circumferentially between the first passage and the second passage (Fig.3).
Claim 22 is rejected under 35 U.S.C. 103 as being unpatentable over Touma, Jr. (US 11,262,142, herein Touma) in view of Kawaguchi et al. (US 2019/0277570A)
Touma discloses an assembly for an engine (Fig.1, col.3 lines 66-67 and col.4 lines 1-5), comprising:
a heat exchange apparatus (100) including a core (having channels 116) and an inner flowpath (104);
the core including a core sidewall (122) and a plurality of internal passages (116), and a load path (124, figure 3), the plurality of internal passages (116) includes a first passage (one 116) and a second passage (adjacent to one 116), the core sidewall extending axially along and circumferentially around an axis (Fig.2), the core sidewall extending radially from a core inner side to a core outer side (Fig.2), the core inner side forming an outer peripheral boundary of the inner flowpath (Figs.1-2), the plurality of internal passages arranged circumferentially about the axis (Fig.2), and each of the plurality of internal passages extending axially in the core sidewall (Fig.2); the load path (124) extending radially from the core inner side to the core outer side, and the load path (124) circumferentially adjacent the first passage and the second passage.
Touma does not specifically disclose a shell as claimed.
Kawaguchi teaches an assembly for an engine (paragraph 3) comprising a heat exchange apparatus (Fig.1) including a core (8) and a shell (9), the shell extending axially along and circumscribing the core (Figs.1 and 2), and the shell abutted radially against the core outer side (Figs.1 and 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Touma’s assembly to include a shell extending axially along and circumscribing the core and abutted radially against the core as similarly taught by Kawaguchi in order to provide coverage to the core and improve heat transfer efficiency.
Allowable Subject Matter
Claim 23 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: the prior art of record either taken singularly or in combination fail to disclose the invention as claimed. In particular, references to Ritter and Touma are the closest prior art but fail to disclose that the first passage radially aligned with the second passage and the load path comprises an uninterrupted straight line load path extending perpendicular to the axis from the core inner side to the core outer side.
Conclusion
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/THO V DUONG/Primary Examiner, Art Unit 3763
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