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 .
Applicant’s amendment filed 2/13/2026 is acknowledged. Claims 1-3, 7-10 and 14 are pending.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-3 and 7-9 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. The new limitations in claim 1 and new claim 14 have been addressed in the rejection below.
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 1-3, 7-9 and 14 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 claimed subject matter of “the first peaks divide the first through hole into a plurality of first sub-through holes communicating with the first channels respectively, and the number of the first sub-through holes is equal to the number of the first channels” and “the second peaks divide the second through hole into a plurality of second sub-through holes communicating with the second channel respectively, and the number of the second sub-through holes is equal to the number of the second channels” is not supported by the original disclosure. Applicant discloses that peaks and troughs are formed by bending the fin plate (3), which is located between the first and second partition plate (1,2). The first and second partition plate are provided with first and second through holes. Therefore, the peak and trough are located below or above the holes, they cannot divide the first and second through holes into first and second sub-through holes. The original disclosure does not support the subject matter.
Regarding claim 14, the limitation of “each of the first channel (A) and the second channel (B) extends from the first surface and the second surface to be communicated with the outside on both sides” is not supported by the original disclosure. Applicant discloses (figure 4 and paragraph 37) that airflow can enter the first channels A from the first through hole 11, and then leave from the opening of the first channels A near the second side 42 of the fin plate, the other path of airflow can enter the second channels B from the second through hole 21, and then leaves from the opening of the second channel B close to the first side (41) of the fin plate. The channels A have only one outlet side (at second side 42) and the channels B also have only one outlet side (at first side 41). Therefore, the subject matter that each of the first channels (A) and channels (B) extends from the first surface and the second surface to be communicated with the outside on both sides is not supported by the original disclosure.
In fact, if each channels (A) and (B) extends from the first surface and the second surface to be communicated with the outside on both side, it will destroy the heat transfer benefit of the heat exchanger. Fluid flow always has a tendency of flowing through the least resistant path. If channel A has outlets at both end after entering hole (11), most of the fluid or all of the fluid will flows through the outlet closest to the inlet because that path is shortest (adjacent to the inlet). If the fluid does not flow to the other side of the heat exchanger, but only to leave immediately after it enters through hole 11, (short circuit situation), there will be a minimal or none heat exchange performance between two fluids flowing through channels A and channel B (the fluids would just enter their respectively inlet hole 11 or 21 and leave immediate to the outlet 41 or 42 next to it, there would be no time for them to exchange heat with each other)
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 1-3 and 7-9 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.
Claim 1 recites the limitation "the second channels (A)” in lines 23-24. There is insufficient antecedent basis for this limitation in the claim. It is not clear whether applicant refers “the second channels (A)” to “ the second channels (B)”.
Furthermore, the claimed subject matter of “ the fin plate (3) is arranged between the first partition plate (1) and the second partition plate (2)”, “ the first partition plate (1) is provided with a first through hole”, “the second partition plate (2) is provided with a second through hole”, “the first peaks divide the first through hole into a plurality of first sub-through holes communicating with the first channels respectively” and “the second peaks divide the second through hole into a plurality of second sub-through holes communicating with the second channel respectively” renders the scope of the claim indefinite since it is not clear how the peaks which are located outside of the through holes can divide the hole into sub-through holes.
Claims 1-3 and 7-9 are further rejected as can be best understood by the examiner in which the peaks are located adjacent to the through hole and form a plurality of first channels or second channels to receive fluid from the first single through hole or the second single through hole respectively.
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, 7-9 and 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kurematsu Masayuki (US 6,059,023). Regarding claim 1, Kurematsu discloses (figure 2a) a heat exchanger with two opposite airflows (flow arrows shown in figure 2a), wherein comprises a first partition plate (15), a fin plate (2) and a second partition plate (17) which are stacked, the first partition plate (15) and the second partition plate (17) are arranged at intervals, the fin plate (2) is arranged between the first partition plate (15) and the second partition plate (17), and the fin plate (2) is bent to form a plurality of first peaks and a plurality of first troughs on the front surface and a plurality of second peaks and second trough on the back surface (see figures 2a, 2b and 2c, the sheet 2 is corrugated in peaks and troughs to form channels 2a and 2b) ; the first peaks of the fin plate are connected to the first partition plate (15), and the first troughs and the first partition plate (15) define a plurality of first channels (2a) for gas to pass through, the first channel (2a) comprises an opening communicating with the outside between the first partition plate (15) and the second partition plate (17) (opening of channel 2a communicate with inlet 14), the first partition plate (15) is provided with a first through hole (inlet 14) communicating with the first channels (the inlet is a through hole that has an upper end and a lower end, the lower end is immediately adjacent to the opening of the channels (2A)); the first through hole spans a plurality of first troughs and communicates with a plurality of first channels at the same time; the first peaks divide the first through hole into a plurality of first sub-through holes communicating with the first channels respectively (figure 2a, the through hole at a lower end of inlet 14 located adjacent to the channel 2a, is considered to be divided by the peaks of fin plate 2 into a sub-through holes, corresponding to the number of first channels (2a)) and the number of the first sub-through holes is equal to the number of the first channels; the second peak of the fin (2) are connected to the second partition plate (17), and the second troughs and the second partition plate (17) define a plurality of second channels (2b) for gas to pass through, a second channel (2b) comprises an opening communicating with the outside between the first partition plate (15) and the second partition plate (17) (opening of channel 2b communicates with the inlet 16), the second partition plate (17) is provided with a second through hole (inlet 16) communicating with the second channels; the second through hole (inlet 16) spans a plurality of second troughs and communicates with a plurality of second channels at the same time; the second peaks divide the second through hole into a plurality of second sub-through holes communicating with the second channel respectively, and the number of the second sub-through holes is equal to the number of the second channels (figure 2a, the through hole at a upper end of inlet 16 located adjacent to the channel 2b, is considered to be divided by the peaks of fin plate 2 into a sub-through holes, corresponding to the number of first channels (2b)), the first through hole and the second through hole are respectively arranged on opposite sides of the heat exchanger; (see figure 2A, inlet 14 and inlet 16 are on opposite side of the heat exchanger); the fin plate (2) comprises a first side (on a side with end 52) and a second side (on a side with end 53) opposite to the first side, the first channels (2a) and the second channels (2b) lead from the first side to the second side of the fin plate, the first through hole (14) is set at a position close to the first side of the fin plate and away from the second side and the second through hole (16) is set at a position close to the second side of the fin plate and away from the first side.
Regarding claim 2, Kurematsu further discloses (figure 2A) that the opening direction of the first through hole (14) is not parallel to the direction of the first channels. (fluid enters inlet 14 is not parallel to the direction of the fluid flowing along the channel 2a).
Regarding claim 3, Kurematsu further discloses (figure 2a) that the opening direction of the second through hole is not parallel to the direction of the second channels. (fluid enter inlet 16 is not parallel to the direction of the fluid flowing along the channel 2b).
Regarding claim 7, Kurematsu further discloses that the second troughs are open at the edge of the fin plate and define with the second partition plate (17) an opening communicating with the outside between the second partition plate and the second partition plate. ( outlet opening exiting channel 2B)
Regarding claim 8, Kurematsu discloses (figure 2A) the fin plate (2) is bent into a wave shape, and the opposite side of the first troughs are the second peaks, the opposite side of the first peaks are the second troughs.
Regarding claim 9, Kurematsu further discloses (figures 2A, 2B and 2C) that the first channels (2a) and the second channels (2b) are arranged alternately.
Regarding claim 14, Kurematsu discloses (figure 2a) a heat exchanger with two opposite airflows (flow arrows shown in figure 2a), wherein comprises a first partition plate (15), a fin plate (2) and a second partition plate (17) which are stacked, the first partition plate (15) and the second partition plate (17) are arranged at intervals, the fin plate (2) is arranged between the first partition plate (15) and the second partition plate (17), and the fin plate (2) is bent to form a plurality of first peaks and a plurality of first troughs on the front surface and a plurality of second peaks and second trough on the back surface (see figures 2a, 2b and 2c, the sheet 2 is corrugated in peaks and troughs to form channels 2a and 2b) ; the first peaks of the fin plate are connected to the first partition plate (15), and the first troughs and the first partition plate (15) define a plurality of first channels (2a) for gas to pass through, each of the first channel (2a) comprises an opening communicating with the outside between the first partition plate (15) and the second partition plate (17) (opening of channel 2a communicate with inlet 14), the first partition plate (15) is provided with a first through hole (inlet 14) communicating with the first channels (the inlet is a through hole that has an upper end and a lower end, the lower end is immediately adjacent to the opening of the channels (2A)); the first through hole spans a plurality of first troughs and communicates with a plurality of first channels; and the second peak of the fin (2) are connected to the second partition plate (17), and the second troughs and the second partition plate (17) define a plurality of second channels (2b) for gas to pass through, a second channel (2b) comprises an opening communicating with the outside between the first partition plate (15) and the second partition plate (17) (opening of channel 2b communicates with the inlet 16), the second partition plate (17) is provided with a second through hole (inlet 16) communicating with the second channels; the second through hole (inlet 16) spans a plurality of second troughs and communicates with a plurality of second channels; the heat exchanger further comprises a first surface (blocking area section 52 forms a first surface) connected between the first partition plate (15) and the second partition plate (17); and a second surface (blocking area section 53 forms a second surface) opposite to the first surface, wherein each of the first channel and the second channel extends from the first surface and the second surface to be communicated with the outside on both sides. (each of the channel (2A) communicates with the outside on both upper and right side and each of the channel (2b) communicates lower side and left side, see figure 2A).
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 THO V DUONG whose telephone number is (571)272-4793. The examiner can normally be reached Monday through Friday 10-6PM.
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/THO V DUONG/Primary Examiner, Art Unit 3763
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