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 .
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 cell diameter of the open cells changes increases from a first size at an upstream location relative to the flow direction to a second size different from less than the first size downstream relative to the flow direction” in conjunction with “the cell diameter of the open cells increases from a first size proximate to the evaporator tube to a second size greater than the first size distal to the evaporator tube” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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 § 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 1-7, 9-10, 12-13, 16-19, 21-22 and 26-28 are rejected under 35 U.S.C. 103 as being unpatentable over De Larminat et al. (US PG Pub. 2011/0056664A1) in view of Tao et al. (Publication named “Pool boiling heat transfer of R134a on single horizontal tube surfaces sintered with open-celled copper foam”, 2011) in view of Xu et al. (Translation of CN103060592A) and in further view of Jowett et al. (USP 5980739A), hereinafter referred to as De Larminat, Tao, Xu, and Jowett respectively.
Regarding Claim 1, De Larminat discloses a boiling heat exchange system, comprising:
a heat exchanger (138) comprising:
i) a chamber (shown in figure 5C) configured to hold a heat exchange fluid including a heat exchange vapor (96) and a pool of heat exchange liquid (82); and,
ii) an evaporator tube (tubes of the tube bundle (140)) having a wall with an inner surface and an outer surface (shown in figure 5C), wherein the evaporator tube has an input end and an opposite, output end (shown in figure 5A) and
a thermally conductive porous material disposed on the outer surface and comprising a plurality of pores (“porous coatings can also be applied to the outer surface of the tubes of the tube bundles”, ¶44), wherein at least a portion of the evaporator tube can be immersed in the heat exchange liquid held in the chamber (shown in figure 5C) and heat exchange liquid will enter the pores of the porous material (shown in figure 5C, wherein the tubes of the tube bundle (140) are situated within the liquid refrigerant (82)) and wherein
the evaporator tube is configured to receive, at the input end (the end directly adjacent the return line (60R)), a source fluid (fluid emanating from the load (62)) to be cooled from a first temperature to a second temperature (“A process fluid, for example, water, ethylene glycol, calcium chloride brine, sodium chloride brine, or any other suitable liquid, enters evaporator 38 via return line 60R and exits evaporator 38 via supply line 60S. Evaporator 38 chills the temperature of the process fluid in the tubes”, ¶29) each higher than a boiling temperature of the heat exchange liquid (“In the pool of liquid refrigerant 82, a tube bundle 140 can be immersed or at least partially immersed, to provide additional thermal energy transfer between the refrigerant and the process fluid to evaporate the pool of liquid refrigerant 82”, ¶34), guide the source fluid from the input end through the evaporator tube to the output end (shown in figure 5), wherein
when the evaporator tube is immersed in the pool of heat exchange liquid and source fluid is moved through the evaporator tube, heat from the source fluid will pass through the wall and the thermally conductive porous material (see ¶44) to cause the heat exchange liquid within the porous material to boil to a heat exchange vapor (shown in figure 5C, see also ¶34), and
the heat exchange vapor will move through the thermally conductive porous material (shown in figure 5C, see also ¶34) and will be replaced in the porous material by more heat exchange liquid (shown in figures 4-5). Although De Larminat discloses a porous coating on a tube for vaporizing a working fluid, De Larminat fails to explicitly disclose the porous coating is open cell porous material.
Tao, also drawn to a heat exchange tube with a porous coating, teaches the porous coating is open cell porous material (“Fig. 1. Open-celled copper foam tubes and amplified structures of used foam”)
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 porous coating of De Larminat being open cell porous material, as taught by Tao, the motivation being “Open-celled copper foam coatings efficiently enhance the pool boiling heat transfer of R134a especially at low and moderate heat fluxes less than 30 kW/m2. Highly porous foam tubes with small thicknesses offer superior performance compared with tubes of low porosity and high thickness. At larger heat fluxes, however, a sharp reduction in heat transfer coefficients is encountered for high pore density tubes (130 PPI) caused by the counter-flow between released bubbles and the absorbed fluid in the foam surface due to the unique porous structure of the foam matrix compared with re-entrant cavities or plain tubes”, see Conclusions section).
De Larminat fails to disclose the open cells of the thermally conductive open-cell porous material have a cell diameter of from 1 µm to 1 mm.
Jowett, also drawn to an open cell porous structure, teaches the open cells of the thermally conductive open-cell porous material have a cell diameter of from 1 µm to 1 mm (“the foam is of the type in which the (interconnected) cells have an average diameter of less than 0.5 mm, and the upper limit is about 1 mm in average diameter”, col. 9 ll. 65-67).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide De Larminat with the open cells of the thermally conductive open-cell porous material having a cell diameter of from 1 µm to 1 mm, as taught by Jowett, the motivation being that “it is found that the sponge action of the foam is effective to spread the water throughout the body of foam, and to maintain the foam in a saturated condition”. Further, in the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. See MPEP 2144.05 (I)
De Larminat fails to disclose the cell diameter of the open cells increases from a first size proximate to the evaporator tube to a second size greater than the first size distal to the evaporator tube.
Xu, also drawn to a foam for a heat exchanger, teaches a cell diameter of the open cells increases from a first size proximate to a heat exchange surface (7, shown in figures 1-2) to a second size greater than the first size distal to the heat exchange surface (shown in figures 1-2).
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 evaporator tube of De Larminat with the cell diameter of the open cells increasing from a first size proximate to the surface to a second size greater than the first size distal to the surface, as taught by Xu, the motivation being “for improving the heat exchange performance of the heat exchanger…increases the heat exchange ratio surface area, which is beneficial for flowing and heat exchanging of fluid by heating and gradually expands so that the same heat exchanging effect of the heat exchanger at the efficiency is higher, less metal consumption and small volume”, see abstract.
Regarding limitations “the evaporator tube is configured to receive, at the input end, a source fluid to be cooled from a first temperature to a second temperature each higher than a boiling temperature of the heat exchange liquid, guide the source fluid from the input end through the evaporator tube to the output end” and “when the evaporator tube is immersed in the pool of heat exchange liquid and source fluid is moved through the evaporator tube, heat from the source fluid will pass through the wall and the thermally conductive open-cell porous material to cause the heat exchange liquid within the open-cells to boil to a heat exchange vapor, and the heat exchange vapor will move through the open cells of the thermally conductive porous material and will be replaced in the open-cells by more heat exchange liquid” recited in Claim 1, which are directed to a use of the heat exchanger, specifically the addition of working fluids, it is noted that neither the manner of operating a disclosed device nor material or article worked upon further limit an apparatus claim. Said limitations do not differentiate apparatus claims from prior art. See MPEP § 2114 and 2115. Further, it has been held that process limitations do not have patentable weight in an apparatus claim. See Ex parte Thibault, 164 USPQ 666, 667 (Bd. App. 1969) that states “Expressions relating the apparatus to contents thereof and to an intended operation are of no significance in determining patentability of the apparatus claim.” Further, a claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim, as is the case here. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987). See MPEP 2114.
Regarding Claim 2, De Larminat further discloses a condensing system (34, 54, 56) for condensing the heat exchange vapor to a heat exchange liquid and returning the heat exchange liquid to the pool of refrigerant liquid (shown at least in figures 3-4).
Regarding Claim 3, De Larminat further discloses the chamber comprises a heat exchange vapor outlet (104) to release heat exchange vapor (shown in figure 5C) and a heat exchange liquid inlet (60R) to receive heat exchange liquid (“A process fluid, for example, water, ethylene glycol, calcium chloride brine, sodium chloride brine, or any other suitable liquid, enters evaporator 38 via return line 60R”, ¶29); and
the condensing system comprises a condensing heat exchanger (34) to receive the heat exchange vapor from the chamber (shown at least in figures 3-4), condense the heat exchange vapor to the heat exchange liquid (shown at least in figures 3-4, “The refrigerant vapor condenses to a refrigerant liquid in condenser 34 as a result of the heat transfer with the fluid”, ¶28), and return the heat exchange liquid to the pool of heat exchange liquid in the chamber (shown at least in figures 3-4, wherein the condensed fluid is returned to the evaporator).
Regarding Claim 4, a modified De Larminat further teaches the thermally conductive open-cell porous material comprises a foam of a conductive material (“Fig. 1. Open-celled copper foam tubes”, as taught by Tao).
Regarding Claim 5, a modified De Larminat further teaches the thermally conductive open-cell porous material comprises at least one selected from the group consisting of metal (“Fig. 1. Open-celled copper foam tubes”, as taught by Tao).
Regarding Claim 6, a modified De Larminat further teaches the metal foam comprises at least one selected from the group consisting of Cu (“Fig. 1. Open-celled copper foam tubes”, as taught by Tao).
Regarding Claim 7, a modified De Larminat further teaches the open cells have pore openings between cells, the pore size of the pore openings being from 0.1 pm to 100 mm (“The average pore diameters of the coated foam tubes are 0.2, 0.32, and 0.63 mm at 130, 80, and 40 PPI”, see section prior to the conclusions section of Tao).
Regarding Claim 9, a modified De Larminat further teaches the foam has a porosity in a range of 40%- 99% (see Table 1 of Tao, porosities of 90% and 97%).
Regarding Claim 10, a modified De Larminat further teaches the foam has a pore density in a range of 5-100 pores per inch (PPI) (“Three pore density values: 40, 80, and 130 PPI”, see abstract).
Regarding Claim 12, a modified De Larminat further teaches the thermally conductive open cell porous material is provided as a layer surrounding the evaporator tube (“porous coatings can also be applied to the outer surface of the tubes of the tube bundles”, ¶44 of De Larminat, see also figure 1b of Tao).
Regarding Claim 13, a modified De Larminat further teaches the layer of thermally conductive porous material has a thickness in a range of 10%-100% of an outer radius of the evaporator tube. (See Table 1 of De Larminat, the foam thickness = “1.6 to 2.5 mm” and the tube diameter = “19.0mm” or 9.5 mm radius, wherein 1.6 is 16.8% of the outer tube radius).
Regarding Claim 16, De Larminat further discloses the heat exchange fluid comprises water (“A process fluid, for example, water, ethylene glycol, calcium chloride brine, sodium chloride brine, or any other suitable liquid, enters evaporator 38 via return line 60R and exits evaporator 38 via supply line 60S”, ¶29).
Regarding Claim 17, De Larminat discloses a method of conducting heat exchange, comprising the steps of:
providing a heat exchanger (138) comprising:
i) a chamber (shown in figure 5C) configured to hold heat exchange fluid including heat exchange vapor (96) and a pool of heat exchange liquid (82);
iii) an evaporator tube (tubes of bundle (140)) having a wall with an inner surface and an outer surface (shown in figure 5C), wherein the evaporator tube has an input end and an opposite, output end (shown in figure 5A), and a layer of thermally conductive porous material disposed on the outer surface and comprising a plurality of pores (“porous coatings can also be applied to the outer surface of the tubes of the tube bundles”, ¶44), wherein
at least a portion of the evaporator tube can be immersed in the heat exchange liquid held in the chamber (shown in figure 5C, “In the pool of liquid refrigerant 82, a tube bundle 140 can be immersed or at least partially immersed, to provide additional thermal energy transfer between the refrigerant and the process fluid to evaporate the pool of liquid refrigerant 82”, ¶34), and wherein the evaporator tube is configured to receive, at the input end (the end directly adjacent the return line (60R)), a source fluid (fluid emanating from the load (62)) to be cooled from a first temperature to a second temperature (“A process fluid, for example, water, ethylene glycol, calcium chloride brine, sodium chloride brine, or any other suitable liquid, enters evaporator 38 via return line 60R and exits evaporator 38 via supply line 60S. Evaporator 38 chills the temperature of the process fluid in the tubes”, ¶29) each higher than a boiling temperature of the heat exchange liquid (“In the pool of liquid refrigerant 82, a tube bundle 140 can be immersed or at least partially immersed, to provide additional thermal energy transfer between the refrigerant and the process fluid to evaporate the pool of liquid refrigerant 82”, ¶34), guide the source fluid from the input end through the evaporator tube to the output end (shown in figure 5);
providing a pool of heat exchange liquid in the chamber such that the evaporator tube is immersed in the heat exchange liquid (shown in figure 5C), and heat exchange liquid will enter the pores of the thermally conductive porous material (shown in figure 5C, see also ¶44);
directing the source fluid at the first temperature through the evaporator (shown at least in figures 3-4), the source fluid exiting the evaporator tube at the second temperature (shown in figure 5), the source fluid exchanging heat with the evaporator tube (shown in figure 5), the thermally conductive porous material (shown in figure 5C, see also ¶44), and
thereby with the heat exchange liquid within the pores of the thermally conductive porous material, whereby the heat exchange liquid will change state to a heat exchange vapor (shown in figure 5C, “In the pool of liquid refrigerant 82, a tube bundle 140 can be immersed or at least partially immersed, to provide additional thermal energy transfer between the refrigerant and the process fluid to evaporate the pool of liquid refrigerant 82”, ¶34) and the heat exchange vapor will move through the thermally conductive porous material and will be replaced by heat exchange liquid (shown in figure 5C, see also ¶34).
Although De Larminat discloses a porous coating on a tube for vaporizing a working fluid, De Larminat fails to explicitly disclose the porous coating is open cell porous material.
Tao, also drawn to a heat exchange tube with a porous coating, teaches the porous coating is open cell porous material (“Fig. 1. Open-celled copper foam tubes and amplified structures of used foam”).
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 porous coating of De Larminat being open cell porous material, as taught by Tao, the motivation being “Open-celled copper foam coatings efficiently enhance the pool boiling heat transfer of R134a especially at low and moderate heat fluxes less than 30 kW/m2. Highly porous foam tubes with small thicknesses offer superior performance compared with tubes of low porosity and high thickness. At larger heat fluxes, however, a sharp reduction in heat transfer coefficients is encountered for high pore density tubes (130 PPI) caused by the counter-flow between released bubbles and the absorbed fluid in the foam surface due to the unique porous structure of the foam matrix compared with re-entrant cavities or plain tubes”, see Conclusions section).
De Larminat fails to disclose the open cells of the thermally conductive open-cell porous material have a cell diameter of from 1 µm to 1 mm.
Jowett, also drawn to an open cell porous structure, teaches the open cells of the thermally conductive open-cell porous material have a cell diameter of from 1 µm to 1 mm (“the foam is of the type in which the (interconnected) cells have an average diameter of less than 0.5 mm, and the upper limit is about 1 mm in average diameter”, col. 9 ll. 65-67).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide De Larminat with the open cells of the thermally conductive open-cell porous material having a cell diameter of from 1 µm to 1 mm, as taught by Jowett, the motivation being that “it is found that the sponge action of the foam is effective to spread the water throughout the body of foam, and to maintain the foam in a saturated condition”. Further, in the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. See MPEP 2144.05 (I)
De Larminat fails to disclose the cell diameter of the open cells increases from a first size proximate to the evaporator tube to a second size greater than the first size distal to the evaporator tube.
Xu, also drawn to a foam for a heat exchanger, teaches a cell diameter of the open cells increases from a first size proximate to a heat exchange surface (7, shown in figures 1-2) to a second size greater than the first size distal to the heat exchange surface (shown in figures 1-2).
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 evaporator tube of De Larminat with the cell diameter of the open cells increasing from a first size proximate to the surface to a second size greater than the first size distal to the surface, as taught by Xu, the motivation being “for improving the heat exchange performance of the heat exchanger…increases the heat exchange ratio surface area, which is beneficial for flowing and heat exchanging of fluid by heating and gradually expands so that the same heat exchanging effect of the heat exchanger at the efficiency is higher, less metal consumption and small volume”, see abstract.
Regarding Claim 18, De Larminat further discloses the heat exchange vapor contacts and releases heat to a condensing system (34, 54, 56), and is transformed from heat exchange vapor to heat exchange liquid and the heat exchange liquid is returned to the pool of heat exchange liquid (shown at least in figures 3-4).
Regarding Claim 19, De Larminat discloses a method of heating a fluid, comprising the steps of:
providing a heat exchange tube (tubes of the tube bundle (140)), comprising a heat exchange wall with an inner surface and an outer surface for separating a first heat exchange fluid from a second heat exchange fluid (shown in figure 5C),
the first heat exchange fluid moving in a flow direction relative to the inner surface of the wall (shown in figure 5C, being the fluid within the tube), the heat exchange tube comprising a layer of thermally conductive porous metal having a plurality of pores (“porous coatings can also be applied to the outer surface of the tubes of the tube bundles”, ¶44),
the thermally conductive porous metal being disposed on the outer surface of the tube (see ¶44); and,
flowing the first heat exchange fluid through the heat exchange tube while permitting the second heat exchange fluid to penetrate the pores of the thermally conductive open-cell porous metal foam (shown in figure 5), wherein the first heat exchange fluid exchanges heat with the second heat exchange fluid (shown in figure 5).
Although De Larminat discloses a porous coating on a tube for vaporizing a working fluid, De Larminat fails to explicitly disclose the porous coating is open cell porous metal foam.
Tao, also drawn to a heat exchange tube with a porous coating, teaches the porous coating is an open cell porous metal foam (“Fig. 1. Open-celled copper foam tubes and amplified structures of used foam”).
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 porous coating of De Larminat being open cell porous metal foam, as taught by Tao, the motivation being “Open-celled copper foam coatings efficiently enhance the pool boiling heat transfer of R134a especially at low and moderate heat fluxes less than 30 kW/m2. Highly porous foam tubes with small thicknesses offer superior performance compared with tubes of low porosity and high thickness. At larger heat fluxes, however, a sharp reduction in heat transfer coefficients is encountered for high pore density tubes (130 PPI) caused by the counter-flow between released bubbles and the absorbed fluid in the foam surface due to the unique porous structure of the foam matrix compared with re-entrant cavities or plain tubes”, see Conclusions section).
De Larminat fails to disclose the open cells of the thermally conductive open-cell porous material have a cell diameter of from 1 µm to 1 mm.
Jowett, also drawn to an open cell porous structure, teaches the open cells of the thermally conductive open-cell porous material have a cell diameter of from 1 µm to 1 mm (“the foam is of the type in which the (interconnected) cells have an average diameter of less than 0.5 mm, and the upper limit is about 1 mm in average diameter”, col. 9 ll. 65-67).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide De Larminat with the open cells of the thermally conductive open-cell porous material having a cell diameter of from 1 µm to 1 mm, as taught by Jowett, the motivation being that “it is found that the sponge action of the foam is effective to spread the water throughout the body of foam, and to maintain the foam in a saturated condition”. Further, in the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. See MPEP 2144.05 (I)
De Larminat fails to disclose the cell diameter of the open cells increases from a first size proximate to the evaporator tube to a second size greater than the first size distal to the evaporator tube.
Xu, also drawn to a foam for a heat exchanger, teaches a cell diameter of the open cells increases from a first size proximate to a heat exchange surface (7, shown in figures 1-2) to a second size greater than the first size distal to the heat exchange surface (shown in figures 1-2).
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 evaporator tube of De Larminat with the cell diameter of the open cells increasing from a first size proximate to the surface to a second size greater than the first size distal to the surface, as taught by Xu, the motivation being “for improving the heat exchange performance of the heat exchanger…increases the heat exchange ratio surface area, which is beneficial for flowing and heat exchanging of fluid by heating and gradually expands so that the same heat exchanging effect of the heat exchanger at the efficiency is higher, less metal consumption and small volume”, see abstract.
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Regarding Claim 21, a modified De Larminat further teaches the thermally conductive open-cell porous material comprises open cells having a cell diameter, and the cell diameter of the open cells changes from a first size at an upstream location relative to the flow direction to a second size different from the first size downstream relative to the flow direction (shown in figures 4-5 of Xu, wherein the cell diameter changes along the pipe wall (7). For example, adjacent the pipe wall (7) the cell diameter is smaller than a downstream portion away from the pipe wall (7)).
Regarding Claim 22, De Larminat discloses a component heat exchange system, comprising:
a heat exchanger (138) comprising a chamber (shown in figure 5C) and an evaporator tube (tubes of the tube bundle (140)), the chamber being configured to hold a heat exchange fluid including a heat exchange vapor (96) and a pool of heat exchange liquid (82);
the evaporator tube having an outer surface (shown in figure 5C) and comprising thermally conductive porous material disposed on the outer surface and having a plurality of pores (“porous coatings can also be applied to the outer surface of the tubes of the tube bundles”, ¶44);
at least a portion of the evaporator tube being immersed in the heat exchange liquid held in the chamber (shown in figure 5C) such that heat exchange liquid will enter the pores and open-cells of the thermally conductive open-cell porous material (shown in figure 5C, wherein the tubes of the tube bundle (140) are situated within the liquid refrigerant (82)); wherein
the evaporator tube is thermally connected (shown at least in figures 3-4) by a thermal connection to the component (62) such that heat is transferred from the component to the evaporator tube (shown at least in figures 3-4, wherein working flid travels from the load (62) to the evaporator (38));
the temperature of the evaporator tube being higher than a boiling temperature of the heat exchange liquid, wherein heat from the component will pass through the wall and the thermally conductive porous material to cause the heat exchange liquid within the thermally conductive open-cells to boil to a heat exchange vapor (“In the pool of liquid refrigerant 82, a tube bundle 140 can be immersed or at least partially immersed, to provide additional thermal energy transfer between the refrigerant and the process fluid to evaporate the pool of liquid refrigerant 82”, ¶34), and
the heat exchange vapor will move through the thermally conductive porous material and will be replaced in the material by more heat exchange liquid which will then also evaporate (shown in figure 5C).
Although De Larminat discloses a porous coating on a tube for vaporizing a working fluid, De Larminat fails to explicitly disclose the porous coating is an open cell porous material.
Tao, also drawn to a heat exchange tube with a porous coating, teaches the porous coating is an open cell porous material (“Fig. 1. Open-celled copper foam tubes and amplified structures of used foam”).
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 porous coating of De Larminat being open cell porous material, as taught by Tao, the motivation being “Open-celled copper foam coatings efficiently enhance the pool boiling heat transfer of R134a especially at low and moderate heat fluxes less than 30 kW/m2. Highly porous foam tubes with small thicknesses offer superior performance compared with tubes of low porosity and high thickness. At larger heat fluxes, however, a sharp reduction in heat transfer coefficients is encountered for high pore density tubes (130 PPI) caused by the counter-flow between released bubbles and the absorbed fluid in the foam surface due to the unique porous structure of the foam matrix compared with re-entrant cavities or plain tubes”, see Conclusions section).
De Larminat fails to disclose the open cells of the thermally conductive open-cell porous material have a cell diameter of from 1 µm to 1 mm.
Jowett, also drawn to an open cell porous structure, teaches the open cells of the thermally conductive open-cell porous material have a cell diameter of from 1 µm to 1 mm (“the foam is of the type in which the (interconnected) cells have an average diameter of less than 0.5 mm, and the upper limit is about 1 mm in average diameter”, col. 9 ll. 65-67).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide De Larminat with the open cells of the thermally conductive open-cell porous material having a cell diameter of from 1 µm to 1 mm, as taught by Jowett, the motivation being that “it is found that the sponge action of the foam is effective to spread the water throughout the body of foam, and to maintain the foam in a saturated condition”. Further, in the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. See MPEP 2144.05 (I)
De Larminat fails to disclose the cell diameter of the open cells increases from a first size proximate to the evaporator tube to a second size greater than the first size distal to the evaporator tube.
Xu, also drawn to a foam for a heat exchanger, teaches a cell diameter of the open cells increases from a first size proximate to a heat exchange surface (7, shown in figures 1-2) to a second size greater than the first size distal to the heat exchange surface (shown in figures 1-2).
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 evaporator tube of De Larminat with the cell diameter of the open cells increasing from a first size proximate to the surface to a second size greater than the first size distal to the surface, as taught by Xu, the motivation being “for improving the heat exchange performance of the heat exchanger…increases the heat exchange ratio surface area, which is beneficial for flowing and heat exchanging of fluid by heating and gradually expands so that the same heat exchanging effect of the heat exchanger at the efficiency is higher, less metal consumption and small volume”, see abstract.
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Regarding Claims 26-28, a modified De Larminat further teaches the thermally conductive open-cell porous material comprises open cells having a cell diameter, and the cell diameter of the open cells changes from a first size at an upstream location relative to the flow direction to a second size different from the first size downstream relative to the flow direction (shown in figures 4-5 of Xu, wherein the cell diameter changes along the pipe wall (7). For example, adjacent the pipe wall (7) the cell diameter is smaller than a downstream portion away from the pipe wall (7)).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over De Larminat et al. (US PG Pub. 2011/0056664A1) in view of Tao et al. (Publication named “Pool boiling heat transfer of R134a on single horizontal tube surfaces sintered with open-celled copper foam”, 2011) in view of Xu et al. (Translation of CN103060592A) and in further view of Jowett et al. (USP 5980739A) as applied in Claims 1-7, 9-10, 12-13, 16-19, 21-22 and 26-28 above and in further view of Mauer et al. (US PG Pub. 2012/0199330A1), hereinafter referred to as Mauer.
Regarding Claim 14, De Larminat fails to disclose a plurality of evaporator tubes embedded in a matrix of the thermally conductive open-cell porous material.
Mauer, also drawn to a porous heat exchanger, teaches a plurality of tubes (132) embedded in a matrix of the thermally conductive open-cell (¶51) porous material (142, shown in figure 4).
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 evaporator tubes of De Larminat being embedded in a matrix of the thermally conductive open-cell porous material, as taught by Mauer, the motivation being to increase contact surface area between the tubes and the foam thereby increasing overall heat transfer or to provide a greater resistance to flow within the heat exchanger thereby increasing turbulence.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over De Larminat et al. (US PG Pub. 2011/0056664A1) in view of Tao et al. (Publication named “Pool boiling heat transfer of R134a on single horizontal tube surfaces sintered with open-celled copper foam”, 2011) in view of Xu et al. (Translation of CN103060592A) and in further view of Jowett et al. (USP 5980739A) as applied in Claims 1-7, 9-10, 12-13, 16-19, 21-22 and 26-28 above and in further view of Park (US PG Pub. 2013/0020059A1), hereinafter referred to as Park.
Regarding Claim 15, De Larminat fails to disclose a coating to change the surface morphology on the layer of thermally conductive porous material.
Park, also drawn to a heat exchanger utilizing boiling, teaches a coating to change the surface morphology on the layer of thermally conductive porous material (shown in figure 5c, “Pool boiling enhancement using porous-layer coatings with surface modulations (periodically non-uniform thickness) and laminated screen meshes has been studied by some researchers. Generally, the results indicate that the pool-boiling Critical Heat Flux (CHF) using surface modulations was increased nearly three times over that of a plain surface because the modulation separates the liquid and vapor streams, thus reducing the liquid-vapor counterflow resistances adjacent to the surface and improving the hydrodynamic stability in the vapor-liquid interface, thus increasing the pool boiling CHF”, ¶7).
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 porous coating of De Larminat with a coating to change the surface morphology on the layer of thermally conductive porous material, as taught by Park, the motivation being to increase the pool-boiling Critical Heat Flux (CHF) nearly three times over that of a plain surface.
Claims 21 and 26-28 are rejected under 35 U.S.C. 103 as being unpatentable over De Larminat et al. (US PG Pub. 2011/0056664A1) in view of Tao et al. (Publication named “Pool boiling heat transfer of R134a on single horizontal tube surfaces sintered with open-celled copper foam”, 2011) in view of Xu et al. (Translation of CN103060592A) and in further view of Jowett et al. (USP 5980739A) as applied in Claims 1-7, 9-10, 12-13, 16-19, 21-22 and 26-28 above and in further view of Toonen et al. (US PG Pub. 2004/0226702A1), hereinafter referred to as Toonen.
Regarding Claims 21 and 26-28, in addition to Xu, Toonen, also drawn to a heat exchanger having a metal foam, teaches the thermally conductive open-cell porous material (50) comprises open cells having a cell diameter, and the cell diameter of the open cells changes from a first size at an upstream location relative to the flow direction to a second size different from than the first size downstream relative to the flow direction (shown in figure 5, “six alternately stacked metal foam layers 50 are provided as flow body 20, the gradient of which alternately increases and decreases repeatedly as seen in the direction of flow of the first fluid which is guided through the flow passages 12”, ¶34). Toonen further states, “the metal foam has a gradient of the volume density of the metal. The use of a metal foam with a gradient of the volume density enables the volume density of the foam, in other words the amount of metal, to be adapted to the local heat flux density and flow resistance”, ¶8)
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide De Larminat with the aforementioned limitations, as taught by Toonen, the motivation being to control the local heat flux and flow resistance of a working fluid, thereby providing a predetermined amount of heat transfer on different portions of a tube.
Claims 23 and 25 are rejected under 35 U.S.C. 103 as being unpatentable over De Larminat et al. (US PG Pub. 2011/0056664A1) in view of Tao et al. (Publication named “Pool boiling heat transfer of R134a on single horizontal tube surfaces sintered with open-celled copper foam”, 2011) in view of Xu et al. (Translation of CN103060592A) and in further view of Jowett et al. (USP 5980739A) as applied in Claims 1-7, 9-10, 12-13, 16-19, 21-22 and 26-28 above and in further view of Molivadas (USP 6866092B1), hereinafter referred to as Molivadas.
Regarding Claim 23, although De Larminat discloses a component, De Larminat fails to disclose the component comprises at least one selected from the group consisting of an electrical component, a mechanical component, a chemical reactor component, and a nuclear reactor component.
Molivadas, also drawn to a flooded evaporator (col. 43 ll. 4-9), teaches a component comprises at least one selected from the group consisting of a mechanical component (“Examples of the latter heat source include (a) material substances with a finite thermal capacity which release heat without changing phase, such as (1) the combustion gas of a fossil fuel, including the combustion gas of an internal combustion engine“, col. 24 ll. 67).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide De Larminat with the component comprises a mechanical component, as taught by Toonen, the motivation being to mitigate degradation or failure of the mechanical component due to excessive temperatures.
Regarding Claim 25, a modified De Larminat teaches the mechanical component comprises an internal combustion engine (see col. 24 ll. 67).
Claims 23 and 24 are rejected under 35 U.S.C. 103 as being unpatentable over De Larminat et al. (US PG Pub. 2011/0056664A1) in view of Tao et al. (Publication named “Pool boiling heat transfer of R134a on single horizontal tube surfaces sintered with open-celled copper foam”, 2011) in view of Xu et al. (Translation of CN103060592A) and in further view of Jowett et al. (USP 5980739A) as applied in Claims 1-7, 9-10, 12-13, 16-19, 21-22 and 26-28 above and in further view of Pichai (USP 12004329B1), hereinafter referred to as Pichai.
Regarding Claim 23, although De Larminat discloses a component, De Larminat fails to disclose the component comprises at least one selected from the group consisting of an electrical component, a mechanical component, a chemical reactor component, and a nuclear reactor component.
Pichai, also drawn to a flooded evaporator (“This evaporator may be a flooded evaporator that may provide a relatively high operating efficiency and corresponding low power input”, col. 1 ll. 54-56), teaches a component comprises at least one selected from the group consisting of a electrical component (“A data center may use a refrigeration system to remove heat from operating processors “, col. 3 ll. 55-56).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide De Larminat with the component comprises a electrical component, as taught by Toonen, the motivation being to mitigate degradation or failure of the electrical component due to excessive temperatures.
Regarding Claim 24, a modified De Larminat teaches the electrical component comprises a processor (see col. 3 ll. 55-56).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 17, 19 and 22 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.
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.
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/PAUL ALVARE/Primary Examiner, Art Unit 3763