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 Species D (Claims 1-2, 4, 7, 9-15, 17-18, 20, 22 and 25-32) in the reply filed on 01/20/2026 is acknowledged .
The traversal on the grounds that Lack of Unity was not indicated on the international Search Report is not found persuasive. The expression “special technical features” is defined in PCT Rule 13.2 as meaning those technical features that define a contribution which each of the inventions, considered as a whole, makes over the prior art . . . Whether or not any particular technical feature makes a “contribution” over the prior art, and therefore constitutes a “special technical feature,” should be considered with respect to novelty and inventive step. “For example, a document discovered in the international search shows that there is a presumption of lack of novelty or inventive step in a main claim, so that there may be no technical relationship left over the prior art among the claimed inventions involving one or more of the same or corresponding special technical features, leaving two or more dependent claims without a single general inventive concept (See MPEP 1850).” Unity of invention is directly linked to the novelty and inventive step of the instant invention, the anticipatory references put forth in the international search report clearly indicates none exists thereby correlating to a lack of unity in accordance with the rules and regulations that govern such instances. The references put forth within the present Action further displays a lack of novelty and inventive step.
The requirement is still deemed proper and is therefore made FINAL.
Claim Objections
Claims 2, 4, 7, 9-15, 18, 20, 22 and 25-31 are objected to because of the following informalities: “A gasket arrangement” in ll. 1 should be rewritten to be – The gasket arrangement--, and will be interpreted accordingly. Appropriate correction is required.
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.
Claims 1-2, 4, 7, 9-15, and 31-32 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Regarding Claims 1 and 32, the limitation “an attachment part, which is arranged to attach the gasket arrangement to one of the heat transfer plates” is indefinite, in context, since it cannot be discerned in what manner the attachment part (122) is securing the gasket arrangement to the plate, wherein the gasket arrangement includes a sealing part that is separate from the attachment part (see the elected embodiment of figure 4).. For Examination purposes and in accordance with the specification and drawings, “an attachment part, which is arranged to attach the gasket arrangement to one of the heat transfer plates” will be interpreted as – an attachment part, which is arranged to attach at least a portion of the gasket arrangement to one of the heat transfer plates --.
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 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 17-18, 20, 22, 25-26 and 29-30 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Christensen (US PG Pub. 2017/0268832A1) hereinafter referred to as Christensen.
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Christensen Figure 6B
Regarding Claim 17, Christensen discloses a heat transfer plate (3) comprising a number >1 of port holes (shown in figure 2) and a gasket accommodating groove (shown in figures 5-6) arranged to accommodate a sealing part of a gasket arrangement (22-23, shown in figures 5-6), which
sealing part is arranged to seal between the heat transfer plate and another heat transfer plate of a plate heat exchanger (shown in figure 6C),
the heat transfer plate (3) being corrugated so as to extend in, and between, parallel lower and upper plate extension planes (P1, P2, shown in annotated figure 6B),
the heat transfer plate (3) further comprising a structure (shown in figure 6B) arranged to cooperate with an attachment part of the gasket arrangement, which attachment part is arranged to attach the gasket arrangement to the heat transfer plate (see intended use analysis below, wherein the structure shown in figure 6B is capable of cooperating with an attachment part of the gasket arrangement),
a structure extension plane (S, shown in annotated figure 6B), which is parallel to the lower and upper plate extension planes (shown in annotated figure 6B), defining a lower extreme extension of said structure (shown in figure 6B), wherein the gasket groove comprises an annular groove outer portion (shown in figure 5 containing the periphery gasket (23)), which extends along at least a part of an outer edge (shown in figure 5) of the heat transfer plate (3) and encloses the portholes (shown in figures 1-5) of the heat transfer plate (3), and
an annular inner groove portion (32), which is enclosed by the outer groove portion (shown in figure 5) and encloses at least one of the port holes (13) of the heat transfer plate (3), wherein
said structure (shown in figure 6B) is enclosed by the outer groove portion (shown in figure 5) and arranged on an outside of the inner groove portion (32, shown in figure 5), and
in that said structure, on a first side of the heat transfer plate, comprises a fastening structure portion (shown in annotated figure 6B) to which a fastening attachment portion of the attachment part is arranged to be fastened by means of an adhesive means (see intended use analysis below, wherein the fastening attachment portion and adhesive means is not drawn to the structure of the heat exchange plate), a fastening structure plane (F, shown in annotated figure 6B), which is parallel to the lower and upper plate extension planes (shown in annotated figure 6B), defining an upper extreme extension of said fastening structure portion (shown in annotated figure 6B).
A recitation with respect to the manner in which a claimed apparatus is intended to be employed, regarding “a structure arranged to cooperate with an attachment part of the gasket arrangement, which attachment part is arranged to attach the gasket arrangement to the heat transfer plate” and “to which a fastening attachment portion of the attachment part is arranged to be fastened by means of an adhesive means” does not differentiate the claimed apparatus from a prior art apparatus satisfying the structural limitations of the claims, as is the case here. Please see Section 2114 of the MPEP entitled Functional Language.
Regarding Claim 18, Christensen further discloses the outer groove portion is separate from the inner groove portion (32, shown in figure 5).
Regarding Claim 20, Christensen further discloses said structure (shown in figure 6B) is arranged in connection to the inner groove portion (12,118).
Regarding Claim 22, Christensen further discloses a flow path, between first and second port holes (13) of the port holes (13,15), across the first side (shown in figure 4, being the right side) of said one of the heat transfer plates (3), wherein said structure (shown in figure 6B) is arranged in the flow path (shown in figure 5).
Regarding Claim 25, Christensen further discloses the fastening structure plane (F, shown in annotated figure 6B) is arranged between the lower and upper plate extension planes (shown in annotated figure 6B).
Regarding Claim 26, Christensen further discloses said structure (shown in figure 6B) further comprises a first connection structure portion (shown in annotated figure 6B) extending between the fastening structure portion (shown in figure 6B) and the gasket groove (32), wherein a connection structure plane (shown in annotated figure 6B), which is parallel to the lower and upper plate extension planes (shown in annotated figure 6B), defines a lower extreme extension of the first connection structure portion (shown in annotated figure 6B), the first connection structure portion being arranged to accommodate a first connection attachment portion of the attachment part (see intended use analysis below).
A recitation with respect to the manner in which a claimed apparatus is intended to be employed, regarding “the first connection structure portion being arranged to accommodate a first connection attachment portion of the attachment part” does not differentiate the claimed apparatus from a prior art apparatus satisfying the structural limitations of the claims, as is the case here. Please see Section 2114 of the MPEP entitled Functional Language.
Regarding Claim 29, Christensen further discloses the connection structure plane (C, shown in annotated figure 6B) coincides with at least one of the lower plate extension plane (shown in annotated figure 6B) and the structure extension plane (shown in annotated figure 6B).
Regarding Claim 30, Christensen further discloses the fastening structure plane (shown in annotated figure 6B) is arranged between the connection structure plane and the upper plate extension plane (shown in annotated figure 6B).
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 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 of this title, 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, 3-4, 7, 9-15 and 31 are rejected under 35 U.S.C. 103 as being unpatentable over Blomgren et al. (Translation of SE528310C2) in view of Hisaka et al. (Translation of JP4050922B2) and in further view of Krantz (Translation of SE533359C2), hereinafter referred to as Blomgren, Hisaka and Krantz, respectively.
Regarding Claim 1, as best understood, Blomgren discloses a gasket arrangement (13, 16, 26, 29, 30, 41) comprising a sealing part (13) for sealing between two heat transfer plates of a plate heat exchanger (shown in figure 1), which heat transfer plates each comprises a number >1 of port holes (shown in figures 2-3), and
parallel lower and upper gasket planes defining an extension of the gasket arrangement in a thickness direction of the gasket arrangement (shown in figure 3, wherein the top of the gasket intersects a plane parallel to the surface of the plate and bottom of the gasket intersects a plane parallel to the surface of the plate, wherein the aforementioned planes bound a thickness of said gasket), wherein
the lower gasket plane is arranged to face said one of the heat transfer plates (shown in figure 3, the bottom of gasket (13) and gasket (16) that intersect a plane parallel to the surface of the plate), and
the upper gasket plane is arranged to face another one of the heat transfer plates (shown in figure 3, the top of gasket (13) and gasket (16) that intersect a plane parallel to the surface of the plate),
the sealing part (13) comprising an annular outer sealing portion (shown in figure 3), which is arranged to extend along at least a part of a respective outer edge of the heat transfer plates and enclose said portholes of the heat transfer plates (shown in figure 3, wherein the gasket (13) extends around the periphery of the heat exchange plate for sealing ports), and
an annular inner sealing portion (16), which is enclosed by the outer sealing portion (shown in figure 3) and arranged to enclose at least one of the port holes of each of the heat transfer plates (shown in figure 3). Blomgren fails to disclose an attachment part, which is arranged to attach the gasket arrangement to one of the heat transfer plates, parallel lower and upper attachment planes, which are parallel to the lower and upper gasket planes defining an extension of the attachment part of the gasket arrangement in the thickness direction of the gasket arrangement, the lower attachment plane is arranged to face said one of the heat transfer plates, and the upper attachment plane is arranged to face another one of the heat transfer plates, wherein lower and upper fastening attachment planes, which are parallel to the lower and upper gasket planes, define an extension of the fastening attachment portion of the attachment part in the thickness direction of the gasket arrangement, wherein the lower fastening attachment plane is arranged to face said one of the heat transfer plates and the upper fastening attachment plane is arranged to face said another one of the heat transfer plates.
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Hisaka Figure 4
Hisaka, also drawn to a plate heat exchanger with a gasket, teaches a gasket arrangement comprising an attachment part (12, 15), which is arranged to attach the gasket arrangement to one of the heat transfer plates (2, 2’, shown in figures 3-4), parallel lower and upper attachment planes (A1, A2, shown in annotated figure 4), which are parallel to a lower an upper gasket planes (G1, G2, shown in annotated figure 4) defining an extension of the attachment part of the gasket arrangement in the thickness direction of the gasket arrangement (shown in annotated figure 4),
the lower attachment plane is arranged to face said one of the heat transfer plates (shown in annotated figure 4, wherein the lower plane faces the bottom plate), and
the upper attachment plane is arranged to face another one of the heat transfer plates (shown in annotated figure 4, wherein the upper plane faces the top plate), and
the attachment part comprising a fastening attachment portion (15) arranged to be fastened to a first side of said one of the heat transfer plates (shown in figures 3-4), wherein
lower and upper fastening attachment planes (F1, F2, shown in annotated figure 4), which are parallel to the lower and upper gasket planes (G1, G2 shown in annotated figure 4), define an extension of the fastening attachment portion of the attachment part in the thickness direction of the gasket arrangement (shown in annotated figure 4), wherein
the lower fastening attachment plane is arranged to face said one of the heat transfer plates (shown in annotated figure 4, wherein the lower plane faces the bottom plate) and the upper fastening attachment plane is arranged to face said another one of the heat transfer plates (shown in annotated figure 4, wherein the upper plane faces the top plate).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide Blomgren with the aforementioned limitations drawn to the attachment part, as taught by Hisaka, the motivation being to install a gasket for the plate heat exchanger “which can prevent slipping in the inside of this gasket reliably with a simple structure” (¶7).
Blomgren fails to disclose the attachment part comprising a fastening attachment portion arranged to be fastened to a first side of said one of the heat transfer plates by an adhesive means.
Krantz, also drawn to a plate heat exchanger having a gasket, teaches an attachment part (41) comprising a fastening attachment portion (bridging portion shown in figure 4) arranged to be fastened to a first side of said one of the heat transfer plates (shown in figure 4) by an adhesive means (“An alternative method of attaching the gasket 30 to the heat transfer plate 1 is to use glued gaskets. Often a combination is used with a gasket provided with fastening clips that are glued to the heat transfer plate”).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide Blomgren with the attachment part comprising a fastening attachment portion arranged to be fastened to a first side of said one of the heat transfer plates by an adhesive means, as taught by Krantz, the motivation being that glue is known to form a strong and durable bond, is readily available, is low cost and is simple to install.
A modified Blomgren having the attachment part of Hisaka further teaches the attachment part being enclosed by the outer sealing portion and arranged on an outside of the inner sealing portion (as shown in figure 3 of Blomgren, wherein the modified gasket (16) of Blomgren having the attachment part of Hisaka, further teaches the attachment part being enclosed by the outer sealing portion, wherein the gasket (16) of Blomgren is enclosed by the outer sealing portion (13, shown in figure 3).
Regarding Claim 3, a modified Blomgren further teaches the outer sealing portion (13 of Blomgren) is separate from the inner sealing portion (16 of Blomgren).
Regarding Claim 4, although Blomgren discloses an inner and outer sealing portion, Blomgren fails to disclose the attachment part is connected to the inner sealing portion.
Hisaka, also drawn to a plate heat exchanger with a gasket, teaches the attachment part (12, 15) is connected to a sealing portion (shown in figure 4). It is noted that Blomgren discloses multiple sealing portions, wherein Hisaka teaches an attachment part that is applicable to any sealing portion.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide the inner sealing portion of Blomgren with the attachment part, as taught by Hisaka, the motivation being to install an inner sealing portion of the plate heat exchanger “which can prevent slipping in the inside of this gasket reliably with a simple structure” (¶7).
Regarding Claim 7, although Blomgren discloses the gasket arrangement is arranged to define a flow path (shown in figures 2-3 of Blomgren), between first and second port holes (17-18 or 51) of the port holes (50-51, 42-43, 17-18) of said one of the heat transfer plates (shown in figure 3 of Blomgren), across the first side of said one of the heat transfer plates (shown in figure 3 of Blomgren), Blomgren fails to disclose the attachment part of the gasket arrangement is arranged in the flow path.
Hisaka, also drawn to a plate heat exchanger with a gasket, teaches the attachment part (12, 15) is connected to a sealing portion (shown in figure 4). It is noted that Blomgren discloses multiple sealing portions, wherein Hisaka teaches an attachment part that is applicable to any sealing portion. Therefore, a modified Blomgren having the attachment part of Hisaka connected to the sealing portion (16), further teaches said attachment part being in a flow path (shown in figure 3 of Blomgren).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide the gasket arrangement of Blomgren with the attachment part, as taught by Hisaka, the motivation being to install the sealing portion of the plate heat exchanger “which can prevent slipping in the inside of this gasket reliably with a simple structure” (¶7).
Regarding Claim 9, although Blomgren discloses an inner and outer sealing portion, Blomgren fails to disclose the fastening attachment portion of the attachment part is arranged on a distance>0 from the sealing part.
Hisaka, also drawn to a plate heat exchanger with a gasket, teaches the fastening attachment portion (15) of the attachment part (12, 15) is connected to a sealing portion (shown in figure 4). It is noted that Blomgren discloses multiple sealing portions, wherein Hisaka teaches an attachment part that is applicable to any sealing portion. Therefore, a modified Blomgren having the attachment part of Hisaka connected to the sealing portion (16), further teaches the fastening attachment portion of the attachment part is arranged on a distance>0 from the sealing part (shown in figure 3 of Blomgren, wherein the gasket (16) is separated from the sealing part (13)).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide the inner sealing portion of Blomgren with the attachment part thereby having the fastening attachment portion of the attachment part being arranged on a distance>0 from the sealing part, as taught by Hisaka, the motivation being to install an inner sealing portion of the plate heat exchanger “which can prevent slipping in the inside of this gasket reliably with a simple structure” (¶7).
Regarding Claim 10, a modified Blomgren further teaches the upper attachment plane (A2, shown in annotated figure 4) is arranged between the upper gasket plane (G2, shown in annotated figure 4)) and the lower attachment plane (A1, shown in annotated figure 4)).
Regarding Claim 11, a modified Blomgren further teaches the attachment part (12, 15 of Hisaka) further comprises a first connection attachment portion (shown in figure 3 of Hisaka, being the bottom protrusion (12)) connecting the fastening attachment portion (15 of Hisaka) and the sealing part (11 of Hisaka), wherein lower and upper connection attachment planes (C1, C2, shown in annotated figure 4 of Hisaka), which are parallel to the lower and upper gasket planes (shown in annotated figure 4 of Hisaka), define an extension of the first connection attachment portion of the attachment part in the thickness direction of the gasket arrangement (shown in annotated figure 4 of Hisaka), wherein the lower connection attachment plane (C1, shown in annotated figure 4 of Hisaka) is arranged to face said one of the heat transfer plates (being the bottom plate of Hisaka) and the upper connection attachment plane (C1, shown in annotated figure 4 of Hisaka) is arranged to face said another one of the heat transfer plates (being the top plate of Hisaka).
Regarding Claim 12, a modified Blomgren further teaches the attachment part (12, 15 of Hisaka) further comprises a second connection attachment portion (shown in figure 3 of Hisaka, being the top protrusion (12)) separated from the first connection attachment portion (shown in figure 3) connecting the fastening attachment portion (15 of Hisaka) and the sealing part (11 of Hisaka) to form a loop (shown in figure 3 of Hisaka).
Regarding Claim 13, a modified Blomgren further teaches the lower fastening attachment plane (F1, shown in annotated figure 4 of Hisaka) is arranged between the lower connection attachment plane (C1, shown in annotated figure 4 of Hisaka) and the upper gasket plane (G2, shown in annotated figure 4 of Hisaka).
Regarding Claim 14, a modified Blomgren further teaches the lower connection attachment plane (C1) coincides with at least one of the lower gasket plane (G1, shown in annotated figure 4 of Hisaka) and the lower attachment plane (A1, shown in annotated figure 4 of Hisaka).
Regarding Claim 15, a modified Blomgren further teaches the upper connection attachment plane (C2, shown in annotated figure 4 of Hisaka) coincides with at least one of the upper fastening attachment plane (F2, shown in annotated figure 4 of Hisaka) and the upper attachment plane (A2, shown in annotated figure 4 of Hisaka).
Regarding Claim 31, a modified Blomgren further teaches a kit comprising a gasket arrangement according to claim 1 (see rejection of Claim 1 above) and an adhesive means applied on the fastening attachment portion of the gasket arrangement (see the rejection of Claim 1 above, wherein Krantz teaches the utilization of adhesive means with a gasket plate heat exchanger).
Allowable Subject Matter
Claims 27-28 are 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAUL ALVARE whose telephone number is (571)272-8611. The examiner can normally be reached Monday-Friday 0930-1800.
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/PAUL ALVARE/Primary Examiner, Art Unit 3763
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