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 2/23/2026. Currently, claim 3 has been canceled claims 1-2 and 4-16 are pending and claims 11-16 are withdrawn.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 5-6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Karlen et al. (US Publication No.: 2016/0178287 hereinafter “Karlen”).
With respect to claim 5, Karlen discloses a layer for a heat exchanger (Figs. 1a-1b), the layer comprising: an inlet, an outlet (Figs. 1a-1b, inlet and outlet in flow channel 101) an upper sheet (100); a lower sheet (99); a fluid flowpath defined between the upper sheet and lower sheet and from the inlet to the outlet (Flow path in flow channel 101); and at least one pin disposed in the flowpath and connecting the upper sheet to the lower sheet (Figs, 1a-1b, pins 103 extend from 100 to 99); wherein the pin has a substantially sinusoidal shape between the upper sheet and the lower sheet (Figs. 1a-1b pin 103 is sinusoidal).
With respect to claim 6, Karlen discloses the layer of claim 5 as discussed above. Karlen also discloses having a plurality of said at least one pin (Figs. 1a-1b multiple pins 103).
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 1-2 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Huitink et al. (US Patent No.: 11,071,234 hereinafter “Huitink”) in view of Tong et al. (US Publication No.: 2008/0066888 hereinafter “Tong”).
With respect to claims 1 and 4, Huitink discloses a pin for a core layer of a heat exchanger (Fig. 1b, pins 110-115), the pin being an additively manufactured pin (Col. 1, lines 55-59) having a sinusoidal shape between a first end of the pin and a second end of the pin (Fig. 1b, pins 110-115 are sinusoidal from base 100 to the top of the pins).
Huitink does not disclose wherein the pin has a cross-section that tapers from an inlet side of the pin to an outlet side of the pin (as per claim 1) wherein the cross-section is a rounded triangular shape (as per claim 4).
Tong teaches a pin that has a cross-section that tapers from an inlet side of the pin to an outlet side of the pin (Fig. 3 and Para 0013-0016) wherein the cross-section is a rounded triangular shape (Fig. 3 and Para 0013-0016). It would have been obvious to one having ordinary skill in the art at the time the invention was filed to have modified the cross-section of the pins of Huitink to tape from an inlet side to an outlet side with a rounded triangular shape as taught by Tong to minimize pressure drop and increase heat transfer (Para 0013-0016).
It is noted that claim 1 contains a product by process limitation (i.e. additively manufactured) 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 2, Huitink and Tong teach the pin of claim 1 as discussed above. Huitink also discloses wherein the pin defines at least one further curve between the first end of the pin and the second end of the pin (Fig. 1b, multiple curves on 110-115 between the base 100 and the top of the pin).
Claims 7-9 are rejected under 35 U.S.C. 103 as being unpatentable over Karlen et al. (US Publication No.: 2016/0178287 hereinafter “Karlen”) in view of Rubalewski et al. (US Publication No.: 2022/0307776 hereinafter “Rubalewski”).
With respect to claims 7-9, Karlen discloses the layer of claims 5-6 as discussed above. Karlen does not disclose the layer defining an inflow path from the inlet, and an outflow path to the outlet, the inflow path and the outflow path being separated in the layer by a separation bar, the inflow path and the outflow path each having a plurality of said pins, the layer further comprising a plurality of turning vanes to turn the direction of flow from the inflow path by substantially 180 degrees to the outflow path (as per claim 7) wherein the plurality of turning vanes includes a first plurality of vanes to turn the direction of flow from the inflow path by substantially 90 degrees and a second plurality of turning vanes to turn the direction of flow by a further 90 degrees to the outflow path (as per claim 8) wherein the upper sheet of the second layer is also the lower sheet of the first layer (as per claim 9).
Rubalewski teaches a heat exchanger with stacked plate layers (Fig. 1) with an inflow path and outflow path with a plurality of pins (Fig. 1, inlet at 32 and outlet at 34 have pins 100 in each path) and a separation bar that separates the inflow path and outflow path (Fig. 2, bar 44 separates inlet and outlet paths) and a plurality of first and second turning vanes that turn the fluid 90 degrees (Figs. 2, vanes 42a and 42b) and the upper sheet of a second layer is also the lower sheet of the first layer (Fig. 1). It would have been obvious to one having ordinary skill in the art at the time the invention was filed to have modified the heat exchanger of Karlen to be stacked plates with the flow path as taught by Rubalewski to have a heat exchanger with improved heat transfer (Para 0003).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Karlen et al. (US Publication No.: 2016/0178287 hereinafter “Karlen”) in view of Rubalewski et al. (US Publication No.: 2022/0307776 hereinafter “Rubalewski”) and further in view of Howard et al. (US Publication No.: 2007/0295027 hereinafter “Howard”).
With respect to claim 10, Karlen and Rubalewski teach the heat exchanger according to claim 9 as discussed above. Karlen and Rubalewski are silent to a number of pins disposed in the flowpath of the first layer is different from the number of pins disposed in the flowpath of the second layer.
Howard teaches that the number of pins or fin density on each heat exchanger layer can vary depending upon a desired heat transfer rate and pressure drop (Para 0005). Therefore, the pin density or number of pins on each layer is recognized as a result-effective variable, i.e. a variable which achieves a recognized result. In this case, the recognized result is that the number of pins can vary depending upon a desired flow rate and heat transfer rate. Therefore, since the general conditions of the claim, i.e. that the number of fins can vary, were disclosed in the prior art by Howard, it is not inventive to discover the optimum workable range by routine experimentation, and it would have been obvious to one of ordinary skill in the art at the time of the invention to have the number of pins disposed in the flowpath of the first layer is different from the number of pins disposed in the flowpath of the second layer.
Response to Arguments
Applicant's arguments filed 2/23/2026 have been fully considered but they are not persuasive.
In response to applicant’s argument (Page 6) that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, the Huitink refence would benefit from the tapered cross section of Tong to minimize pressure drop and increase heat transfer (Para 0013-0016). Therefore, the applicant' s arguments are unpersuasive and the rejection is maintained.
Conclusion
THIS ACTION IS MADE FINAL. 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