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
Claim 18 is withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected group and species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 11/05/2025. The Office withdraw claim 7 from further consideration since the subject matter of “parallel flow between the fluid ports in the first and second longitudinal end portions” does not direct to the elected species A shown in figures 3A-3B, which discloses a diagonal flow between the fluid ports in the first and second longitudinal end.
Applicant's election with traverse of group I and species A in the reply filed on 11/05/2025 is acknowledged. The traversal is on the ground(s) that the prior arts in the international search report does not disclose the special technical features in claim 1. This is not found persuasive because the special technical feature of claim 1 does not definer over the prior art as below. Furthermore, a document discovered in the internal search (X reference) shows that there is a presumption of lack of novelty, so that there may be not technical relationship left over the prior art among the claimed invention involving one or more of the same or corresponding special technical features, leaving two or more dependents claims without a single general invention concept. As set forth in MEPE 1850.
The requirement is still deemed proper and is therefore made FINAL.
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 1-6 and 8-17 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 limitation of “a second longitudinal end portion comprising at least one fluid port” in line 9 renders the scope of the claim indefinite since it is not clear whether the “at least one fluid port” is the same or different from “at least one fluid port” cited in line 8. Regarding claim 5, the limitation of “each of the first and second longitudinal end portions comprises two fluid ports” renders the scope of the claim indefinite since it is not clear whether two fluid ports are additional fluid ports to “the at last one fluid port” cited in line 8 or 9.
Regarding claim 13, the limitation of “every second of the press heat exchanger plates which comprises in the first and second longitudinal end portions two fluid ports” renders the scope of the claim indefinite since it is not clear whether two fluid ports are additional fluid ports to “the at last one fluid port” cited in line 9 and 10 of claim 10. .
Regarding claim 14, the limitation of “wherein the plate heat exchanger maybe configured so that stacks of at least two heat exchanger plate module are arranged in parallel” renders the scope of the claim indefinite since it is not clear whether the plate heat exchanger plate configured so that stacks of at least two heat exchanger plate module are arranged in parallel or not. The term “may be” does not positively recite the arrangement but just maybe.
Regarding claim 15, the limitation of “wherein the fluid ports may be connected to an external fluid connector” renders the scope of the claim in definite since it is not clear whether the fluid ports actually connected to an external fluid connector or not. The term “may be” does not positively recite the connection of the external fluid connector but just maybe
Claim 1 recites the limitation "the at least one fluid port” in lines 16 and 17. There is insufficient antecedent basis for this limitation in the claim. It is not clear whether “the at least one fluid port” refers to “at least one fluid port” in line 8 or “at least one fluid port” in line 9.
Claim 8 recites the limitation "the plates” in line 2. There is insufficient antecedent basis for this limitation in the claim. It is not clear whether applicant refers the plates to the flat plate and pressed heat exchanger plate.
Claim 10 recites the limitation "the at least one fluid port” in lines 17 and 18. There is insufficient antecedent basis for this limitation in the claim. It is not clear whether “the at least one fluid port” refers to “at least one fluid port” in line 9 or “at least one fluid port” in line 10 in the claim.
Claim 12 recites the limitation "the at least one fluid port” in lines 3 and 5. There is insufficient antecedent basis for this limitation in the claim. It is not clear whether “the at least one fluid port” refers to “at least one fluid port” in line 8 or “at least one fluid port” in line 9 recited in claim 10.
Claims 1-6 and 8-17 are further rejected as can be best understood by the examiner in which at least one fluid port in line 8 is different from at least one fluid port in line 9 and the plates can be pressed heat exchanger plate or flat plate.
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 1-6 and 10-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wehrmann et al. (US 6,530,425). Regarding claim 1, Wehrmann et al. discloses (figures 1-2 and 5) a heat exchanger plate module comprising a pressed heat exchanger plate (6) and a flat plate (2a or 2), the pressed heat exchanger plate and the flat plate having two opposite side surfaces, an extension in a longitudinal direction, transversal direction perpendicular to the longitudinal direction and thickness direction of the plate, wherein the plates have substantially the same outer shape in the longitudinal and transversal direction, the plates in the module comprising a first longitudinal end portion comprising at least one fluid port (15,18); a second longitudinal end portion comprising at least one fluid port (16,17); an intermediate heat exchange portion arranged in between the first and second longitudinal end portions, wherein the pressed heat exchanger plate further comprises a pressed corrugated pattern with alternating tops and bottoms in the thickness direction of the pressed plate (see figure 5), the pressed pattern comprising in the first and/or second longitudinal end portion, a first fluid channel pattern (see figure A) leading fluid flow into the at least one fluid port (15) and/or a second fluid channel pattern (see figure A) bypassing the at least one fluid port (18); in the intermediate heat exchange portion, a third fluid channel pattern (fluid channel 8a-8f portions that are located in the intermediate heat exchange portion, see figure A) in fluid communication with the first fluid channel pattern and/or a second fluid channel pattern, and comprising a plurality of longitudinally extending wave-shaped pressed lines configured to form discrete fluid channels in the longitudinal direction of the heat exchanger plate module (see figures 1 and 5) ,wherein the pressed heat exchanger plate (6) is attached to the flat plate (2a).
Regarding claim 2, Wehrmann further discloses that the flat plate (2a) is attached to the pressed heat exchanger plate (6) along the extension of the first fluid channel pattern, the second fluid channel pattern and the third fluid channel pattern. (figures 1 and 5-6)
Regarding claim 3, Wehrmann further discloses (figure 2 and figure A) that fluid channel pattern and/or the second fluid channel pattern forms a discontinuous pattern with the third channel pattern with an interrupting portion (9a) between the first and/or the second fluid channel pattern and the third fluid channel pattern. (a fluid inlet 9a shown in figure 2 is considered an interrupting portion, when the third flow path portion (8a) is interrupted with an inlet 9a located between the first fluid channel located in the first longitudinal end portion
Regarding claim 4, Wehrmann further discloses (figures 2 and A) that the amount of the fluid channels formed by the respective first fluid channel pattern and the second fluid channel pattern in the pressed plate together with the flat plate is less than the amount of discrete flow channels formed by the third fluid channel pattern in the pressed plate and the flat plate. ( more number of third flow channel located in the intermediate heat exchange portion than the first and second flow channel located in the first longitudinal end portion, see figure A).
Regarding claim 5, Wehrmann further discloses (figure 2) that each of the first and second longitudinal end portions comprises two fluid ports (15, 18 and 16,17)
Regarding claim 6, Wehrmann further discloses (figure A) that the respective first and second longitudinal end portions comprise the first and second fluid channel patterns leading fluid flow into the at least one fluid port (15) and/or bypassing the at least one fluid port (18) and wherein the first and second fluid channel patterns are configured to provide a diagonal flow between the fluid ports in the first and second longitudinal end portions. (the fluid flows diagonally from an inlet 15 to outlet 16).
Regarding claim 10, Wehrmann further discloses (figure 7) a plate heat exchanger comprising a plurality of stacked heat exchanger plate module (one module shown in figure 1), wherein in the stack the modules are arranged such that every second plate is a pressed heat exchanger plate (6) and every other is a flat plate. (,the pressed plate 6 is arranged alternatingly with the flat plates 2 and 2a, see figures 5-7).
Regarding claim 11, Wehrmann further discloses (figures 5-7) that the flat plate (2a) of each module is attached to a pressed plate (6) of the respective module and to a pressed plate (2) of a neighboring module, wherein the first, and second and third fluid channel patterns form discrete fluid channels with a contact surface along the length of the fluid channel patterns.
Regarding claim 12, Wehrmann further (figure A and figures 7-8) discloses that every second of the pressed plate heat exchanger plates comprises in the respective first and second longitudinal end portion at least one fluid port (15) and a first fluid channel pattern leading fluid into the at least one fluid port (15,18 and 16,17), and every other of the pressed heat exchanger plates, comprises in the respective first and second longitudinal end portions at least one fluid port and a second fluid channel pattern bypassing the at least one fluid port (18).
Regarding claim 13, Wehrmann further discloses (figures 2, 5 and 7-8) that every second of the pressed heat exchanger plate (6) which comprises in the respective first and second longitudinal end portions two fluid ports (15,18 or 16,17) and a first fluid channel pattern leading fluid flow into one of the fluid ports and a second fluid channel pattern bypassing the other one of the fluid ports, is fixed to the flat plate with a first surface facing the flat plate, and every other of the pressed heat exchanger plate is fixed to the flat plate with a second, opposing, surface facing the flat plate.
Regarding claim 14, Wehrmann further discloses (figures 7 or 8) the plate heat exchanger maybe configured so that stacks of at least one two heat exchanger plate modules are arranged in parallel by attaching the modules together along two opposing longitudinal sides of the modules.
Regarding claim 15, Wehrmann further discloses (figures 2 and 7-8) that the two fluid ports (15,18 or 16-17) may be connected to an external fluid connector (3, 3’)
Regarding claim 16, Wehrmann (figures 1-2 and column 3, lines 36-62) that the plate heat exchanger is configured for heat exchange between two gases. (the heat exchanger has two inlets 16, 17 and two outlets 16, 18 which capable of allowing two gases to flow into the heat exchanger and exchange heat with each other, depending on the intended use of the plate heat exchanger).
Regarding claim 17, Wehrmann further discloses that the plate heat exchanger is configured for high pressure applications. (column 1, lines 65-67, the plate heat exchanger provides a greatly increased structural strength, hence it is capable of being used for high pressure applications).
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Figure A: the modified figure corresponds to figure 2 with limitations shown.
Claim Rejections - 35 USC § 103
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 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 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Wehrmann in view of Per Sjodin (SE 1651317A1). Regarding claim 8, Wehrmann substantially discloses all of applicant’s claimed invention as discussed above except for the limitation that the thickness of the plate is from 0.25 to 5.0 mm. Per Sjodin discloses (page 4, fourth paragraph or page 5, second paragraph) a plate heat exchanger that has a plate thickness of a plate (201 or 201’) between 0.25 to 2.0 mm for a purpose of providing a sufficient thickness of a plate to be used in a plate heat exchanger. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to use Per Sjodin’s teaching in Wehrmann’s device for a purpose of providing a sufficient thickness of a plate to be used in a plate heat exchanger. Regarding claim 9, Wehrmann substantially discloses all of applicant’s claimed invention as discussed above except for the limitation that the pressing depth of the fluid channel patterns is at least 0.5 mm. Per Sjodin discloses (page 7, paragraph 3 and figure 11) a plate heat exchanger that has a pressing plate (201’) with a pressing depth to form a flowing channel of 1.5 mm (which satisfies the claimed range at least 0.5 mm) for a purpose of providing a flow channel dimension to achieve a heat exchanging performance as desired. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to use Per Sjodin’s teaching in Wehrmann’s device for a purpose of providing a flow channel dimension to achieve a heat exchanging performance as desired.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
JP 2006525485A discloses a plate heat exchanger.
Hu Yong Ming (CN 111457764A) discloses a cooler.
DE 202016002578U1 discloses a sheet-like structure for a oil stacked plates.
Miao et al. (US 9,453,685B2) discloses a plate fin type heat exchanger.
Szostek et al. (EP 2998676A1) discloses a heat exchanger.
Ito D et al. (WO 2017138322A1) discloses a plate type heat exchanger.
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/THO V DUONG/Primary Examiner, Art Unit 3763