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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/15/2025 has been entered.
Claim Rejections - 35 USC § 102
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.
Claim(s) 21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Adachi (WO 2022/215165 A1, published on 10/13/2022 before the effective filing date of the instant case, and see the equivalent document US 2024/0159479 for translation).
Regarding claim 21, Adachi discloses a two-phase heat exchanger (10, Fig. 3), through which a flow path (a flow into an inlet 72) of a temperature control medium (two phase refrigerant) leads (leads into the heat exchanger 10), the two-phase heat exchanger comprising:
at least one inlet collector (70a) and at least one outlet collector (60a), which are arranged spaced apart with respect to one another in a first direction (x direction),
a matrix (rows of parallel heat exchanger tubes 50 and columns of fins 12, the rows and columns constitute a matrix structure) arranged between the at least one inlet collector and the at least one outlet collector (between 70a and 60a) and fluidically connected to the at least one inlet collector and the at least one outlet collector (the tubes 50 in the matrix carry the refrigerant between the inlet collector 70a and the outlet collector 60a),
wherein the at least one inlet collector has an inlet collector opening (inflow port 74) for letting in the temperature control medium into the heat exchanger, and the at least one outlet collector has an outlet collector opening (a port opening in the outlet collector 60a for an outlet pipe 61) for letting out the temperature control medium out from the heat exchanger, so that the flow path leads through the inlet collector opening into the at least one inlet collector, from the at least one inlet collector through the matrix (the refrigerant flows from inflow port 74, through the inlet collector 70a and to the tubes 50 of the matrix, see Fig. 4), from the matrix into the at least one outlet collector and through the at least one outlet collector opening out from the at least one outlet collector (the outlet collector 60a collects refrigerant from the tubes 50 and leads out the refrigerant from the outlet opening in the outlet collector 60a),
wherein in at least one of the at least one inlet collector and the at least one outlet collector (the inlet collector 70a), at least one aperture (orifice plate 71) is arranged, which is spaced apart with respect to the associated collector opening in a second direction running transversely to the first direction (the orifice plate 71 space apart with the inflow port 74 in a z direction), and
wherein the at least one aperture (71) has aperture openings (orifice 73, and the orifice 73 may have two or more holes, paragraph 0099) which are open in the second direction (the orifice 73 opens in the z direction) and through which the flow path leads (Fig. 4) (see also claim 1 below), and
further including consecutive plates (a cylindrical plate and two planar caps in the inlet collector 70a, planar shape of tubes 50 and plate fin 12, Figs. 4 and 5 and paragraph 0069) arranged in the second direction (the cylindrical plate extends in the z direction, and the caps are spaced in the z direction), the consecutive plates together forming the at least one inlet collector and the at least one outlet collector (the cylindrical plate and two planar caps as least form the inlet collector 70a) and the matrix (the planar shaped tube 50 and plate fin 12 form the matrix), so that the heat exchanger is configured as a plate heat exchanger (at least a portion of the heat exchanger is made up of plate parts) (see also claim 2 below).
Claim Rejections - 35 USC § 103
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.
Claim(s) 1-7, 14-18 and 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Adachi (WO 2022/215165 A1, published on 10/13/2022 before the effective filing date of the instant case, and see the equivalent document US 2024/0159479 for translation) in view of Takafuji (US PGPub No. 2019/0339027).
Regarding claim 1, Adachi discloses a two-phase heat exchanger (10, Fig. 3), through which a flow path (a flow into an inlet 72) of a temperature control medium (two phase refrigerant) leads (leads into the heat exchanger 10), the two-phase heat exchanger comprising:
at least one inlet collector (70a) and at least one outlet collector (60a), which are arranged spaced apart with respect to one another in a first direction (x direction),
a matrix (rows of parallel heat exchanger tubes 50 and columns of fins 12, the rows and columns constitute a matrix structure) arranged between the at least one inlet collector and the at least one outlet collector (between 70a and 60a) and fluidically connected to the at least one inlet collector and the at least one outlet collector (the tubes 50 in the matrix carry the refrigerant between the inlet collector 70a and the outlet collector 60a),
wherein the at least one inlet collector has an inlet collector opening (inflow port 74) for letting in the temperature control medium into the heat exchanger, and the at least one outlet collector has an outlet collector opening (a port opening in the outlet collector 60a for an outlet pipe 61) for letting out the temperature control medium out from the heat exchanger, so that the flow path leads through the inlet collector opening into the at least one inlet collector, from the at least one inlet collector through the matrix (the refrigerant flows from inflow port 74, through the inlet collector 70a and to the tubes 50 of the matrix, see Fig. 4), from the matrix into the at least one outlet collector and through the at least one outlet collector opening out from the at least one outlet collector (the outlet collector 60a collects refrigerant from the tubes 50 and leads out the refrigerant from the outlet opening in the outlet collector 60a),
wherein in at least one of the at least one inlet collector and the at least one outlet collector (the inlet collector 70a), at least one aperture (orifice plate 71) is arranged, which is spaced apart with respect to the associated collector opening in a second direction running transversely to the first direction (the orifice plate 71 space apart with the inflow port 74 in a z direction), and
wherein the at least one aperture (71) has aperture openings (orifice 73, and the orifice 73 may have two or more holes, paragraph 0099) which are open in the second direction (the orifice 73 opens in the z direction) and through which the flow path leads (Fig. 4),
wherein the at least one of the at least one inlet collector and the at least one outlet collector has a collector height along the second direction, the collector height extending in the second direction from the associated collector opening to an opposite end of the at least one associated collector (the inlet collector 70a has a height in the z direction between upper and lower ends of the collector 70a).
Adachi fails to explicitly disclose wherein the at least one associated aperture is arranged in the second direction at a center of the collector height in the at least one associated collector.
Takafuji (Figs. 7 and 8) discloses wherein the at least one associated aperture (opening 31op, associated with a clapboard 31b) is arranged in the second direction (horizontal direction of Fig. 7 or vertical direction of Fig. 8) at a center of the collector height in the at least one associated collector (Note that “at a center” is a broader limitation and may be at a center region of the header 16b1. The clapboard 31b having the opening 31op is at a center region of a height of a header 16b1 between upper and lower ends of the vertical direction of Fig. 8, and further the opening 31op is at a center region that separates two groups of six tubes 14 on left and right sides of the clapboard 31b, Fig. 7).
Adachi further discloses that orifice plate 71 is provided to increase liquid refrigerant flow at around the center of the inlet collector 70a at where the air flow speed is the highest around the center of the heat exchanger (see the chart to the left of the liquid-header distributor 70 of Fig. 8 and longer arrows in bold black color and paragraphs 0107-0111 for descriptions of Fig. 8. Noted that the locations of “Lower Flow Rate of Liquid refrigerant” and “Higher Flow Rate of Liquid refrigerant” in Fig. 8 should be reversed based on descriptions of Fig. 8), compared to the liquid refrigerant speed and air flow speed mismatch in a liquid-header distributor 170 in Fig. 6 without the orifice plate 71 (paragraphs 0103-0106 for descriptions of Fig. 6). Therefore, the height location of the orifice plate 71 is dependent upon the air flow speed profile of the heat exchanger in Adachi. One of ordinary skill in the art would be motivated to relocate the orifice plate 71 with the orifice 73 to the center or center region between the upper and lower ends of the collector 70a as taught by Takafuji in order to match the highest air flow speed profile of the heat exchanger 10.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention wherein the at least one associated aperture is arranged in the second direction at a center of the collector height in the at least one associated collector in Adachi as taught by Takafuji in order to provide the highest liquid refrigerant flow to match the highest air flow speed profile of the heat exchanger 10 to improve the performance of the heat exchanger (paragraph 0111 of Adachi).
Regarding claim 2, Adachi as modified in claim 1 further discloses consecutive plates (a cylindrical plate and two planar caps in the inlet collector 70a, planar shape of tubes 50 and plate fin 12, Figs. 4 and 5 and paragraph 0069) arranged in the second direction (the cylindrical plate extends in the z direction, and the caps are spaced in the z direction), which form the at least one inlet collector and the at least one outlet collector (the cylindrical plate and two planar caps as least form the inlet collector 70a) and the matrix (the planar shaped tube 50 and plate fin 12 form the matrix), so that the heat exchanger is configured as a plate heat exchanger (at least a portion of the heat exchanger is made up of plate parts).
Regarding claim 3, Adachi as modified in claim 1 further discloses wherein the at least one aperture (71) is arranged exclusively in the at least one inlet collector (the orifice plate 71 is exclusively provided in the inlet collector 70a).
Regarding claim 4, Adachi in claim 3 further discloses wherein at least one further aperture is arranged in an inlet region of the at least one inlet collector (a wall having ports 76 for tubes 50 is arranged in an inlet region of the at least one inlet collector 70a).
Regarding claim 5, Adachi as modified in claim 1 further discloses wherein at least one of the inlet collector opening and the outlet collector opening is open in the second direction (the inflow port 74 is has a width and is open in the z direction).
Regarding claim 6, Adachi as modified in claim 1 further discloses wherein the at least one aperture (71) comprises between one and four such apertures are arranged (one orifice plate 71 is arranged).
Regarding claim 7, Adachi in claim 6 further discloses wherein at least one collector comprises a single such aperture is arranged (a single orifice plate 71 is arranged).
Regarding claim 14, Adachi discloses a system (Fig. 1), comprising:
a cooling circuit (35, Fig. 1), in which a temperature control medium circulates (two phase refrigerant), and
a two-phase heat exchanger (10, Fig. 3) is incorporated in the cooling circuit, the two-phase heat exchanger including:
at least one inlet collector and at least one outlet collector, which are arranged spaced apart with respect to one another in a first direction,
a matrix arranged between the at least one inlet collector and the at least one outlet collector and fluidically connected to the at least one inlet collector and the at least one outlet collector,
wherein the at least one inlet collector has an inlet collector opening for receiving the temperature control medium into the heat exchanger, and the at least one outlet collector has an outlet collector opening for discharging the temperature control medium out from the heat exchanger, such that the flow path leads through the inlet collector opening into the at least one inlet collector, from the at least one inlet collector through the matrix, from the matrix into the at least one outlet collector and through the at least one outlet collector opening out from the at least one outlet collector,
wherein in at least one of the at least one inlet collector and the at least one outlet collector, at least one aperture is arranged, which is spaced apart with respect to the associated collector opening in a second direction running transversely to the first direction; and
wherein the at least one aperture has aperture openings, which are open in the second direction and through which the flow path leads (please see claim 1 for the details of the heat exchanger 10 above);
wherein the at least one of the at least one inlet collector and the at least one outlet collector has along the second direction a collector height, the collector height extending in the second direction from the associated collector opening to an opposite end of the at least one associated collector (the inlet collector 70a has a height in the z direction between upper and lower ends of the collector 70a), and
wherein the temperature control medium flows in a liquid phase through the inlet collector opening into the two-phase heat exchanger (the two phase refrigerant includes a liquid phase flowing into the inflow port 74).
Adachi fails to explicitly disclose wherein the at least one associated aperture is arranged in the second direction at a center of the collector height in the at least one associated collector.
As noted in claim 1 above, Takafuji (Figs. 7 and 8) discloses wherein the at least one associated aperture (opening 31op, associated with a clapboard 31b) is arranged in the second direction (horizontal direction of Fig. 7 or vertical direction of Fig. 8) at a center of the collector height in the at least one associated collector (Note that “at a center” is a broader limitation and may be at a center region of the header 16b1. The clapboard 31b having the opening 31op is at a center region of a height of a header 16b1 between upper and lower ends of the vertical direction of Fig. 8, and further the opening 31op is at a center region that separates two groups of six tubes 14 on left and right sides of the clapboard 31b, Fig. 7).
Adachi further discloses that orifice plate 71 is provided to increase liquid refrigerant flow at around the center of the inlet collector 70a at where the air flow speed is the highest around the center of the heat exchanger (see the chart to the left of the liquid-header distributor 70 of Fig. 8 and longer arrows in bold black color and paragraphs 0107-0111 for descriptions of Fig. 8. Noted that the locations of “Lower Flow Rate of Liquid refrigerant” and “Higher Flow Rate of Liquid refrigerant” in Fig. 8 should be reversed based on descriptions of Fig. 8), compared to the liquid refrigerant speed and air flow speed mismatch in a liquid-header distributor 170 in Fig. 6 without the orifice plate 71 (paragraphs 0103-0106 for descriptions of Fig. 6). Therefore, the height location of the orifice plate 71 is dependent upon the air flow speed profile of the heat exchanger in Adachi. One of ordinary skill in the art would be motivated to relocate the orifice plate 71 with the orifice 73 to the center or center region between the upper and lower ends of the collector 70a as taught by Takafuji in order to match the highest air flow speed profile of the heat exchanger 10.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention wherein the at least one associated aperture is arranged in the second direction at a center of the collector height in the at least one associated collector in Adachi as taught by Takafuji in order to provide the highest liquid refrigerant flow to match the highest air flow speed profile of the heat exchanger 10 to improve the performance of the heat exchanger (paragraph 0111 of Adachi).
Regarding claims 15-18, please see the rejection of claims 2-5 above.
Regarding claim 22, Adachi in claim 21 further discloses wherein the at least one of the at least one inlet collector and the at least one outlet collector has a collector height along the second direction, the collector height extending in the second direction from the associated collector opening to an opposite end of the at least one associated collector (the inlet collector 70a has a height in the z direction between upper and lower ends of the collector 70a).
Adachi fails to explicitly disclose wherein the at least one associated aperture is arranged in the second direction at a center of the collector height in the at least one associated collector.
As noted in claims 1 and 14 above, Takafuji (Figs. 7 and 8) discloses wherein the at least one associated aperture (opening 31op, associated with a clapboard 31b) is arranged in the second direction (horizontal direction of Fig. 7 or vertical direction of Fig. 8) at a center of the collector height in the at least one associated collector (Note that “at a center” is a broader limitation and may be at a center region of the header 16b1. The clapboard 31b having the opening 31op is at a center region of a height of a header 16b1 between upper and lower ends of the vertical direction of Fig. 8, and further the opening 31op is at a center region that separates two groups of six tubes 14 on left and right sides of the clapboard 31b, Fig. 7).
Adachi further discloses that orifice plate 71 is provided to increase liquid refrigerant flow at around the center of the inlet collector 70a at where the air flow speed is the highest around the center of the heat exchanger (see the chart to the left of the liquid-header distributor 70 of Fig. 8 and longer arrows in bold black color and paragraphs 0107-0111 for descriptions of Fig. 8. Noted that the locations of “Lower Flow Rate of Liquid refrigerant” and “Higher Flow Rate of Liquid refrigerant” in Fig. 8 should be reversed based on descriptions of Fig. 8), compared to the liquid refrigerant speed and air flow speed mismatch in a liquid-header distributor 170 in Fig. 6 without the orifice plate 71 (paragraphs 0103-0106 for descriptions of Fig. 6). Therefore, the height location of the orifice plate 71 is dependent upon the air flow speed profile of the heat exchanger in Adachi. One of ordinary skill in the art would be motivated to relocate the orifice plate 71 with the orifice 73 to the center or center region between the upper and lower ends of the collector 70a as taught by Takafuji in order to match the highest air flow speed profile of the heat exchanger 10.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention wherein the at least one associated aperture is arranged in the second direction at a center of the collector height in the at least one associated collector in Adachi as taught by Takafuji in order to provide the highest liquid refrigerant flow to match the highest air flow speed profile of the heat exchanger 10 to improve the performance of the heat exchanger (paragraph 0111 of Adachi).
Claim Rejections - 35 USC § 103
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.
Claim(s) 8, 9 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Adachi (WO 2022/215165 A1) in view of Takafuji (US PGPub No. 2019/0339027) as applied to respective claims 1 and 14 above, and further in view of Adachi ‘463 (JP 2015-108463 A).
Regarding claims 8 and 19, Adachi fails to disclose wherein the aperture openings of the at least one aperture have at least four aperture openings.
Regarding claim 9, Adachi fails to disclose wherein the at least one aperture has between four and twenty three aperture openings.
Adachi ‘463 (Fig. 6b) discloses wherein the at least one aperture has at least four aperture openings / between four and twenty three aperture openings (9 aperture openings).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided wherein the at least one aperture has at least four aperture openings / between four and twenty three aperture openings in Adachi as taught by Adachi ‘463 in order to move the refrigerant evenly across the cross section of the header pipe 1 (paragraph 0030 of the translation of Adachi ‘463).
Claim(s) 10, 11 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Adachi (WO 2022/215165 A1) in view of Takafuji (US PGPub No. 2019/0339027) as applied to respective claims 1 and 14 above, and further in view of Honda (JP 2005-140374 A).
Regarding claim 10, Adachi further discloses wherein: the at least one of the inlet collector and outlet collector has a collector through-flow cross-section along the first direction (the inlet collector 70a has a cross section in the x direction, see Fig. 5),
the at least one aperture (71) arranged has an aperture through-flow cross-section along the first direction which corresponds to the sum of the cross-sections of the aperture openings (the orifice plate 71 has orifice opening 73 having an opening area along the x direction, and when the orifice 73 has plurality of openings as described in paragraph 0099, the opening area corresponds to the sum of the opening areas of the plurality of orifices).
Adachi fails to disclose the aperture through-flow cross-section corresponds to between 8 % and 31 % of the collector through-flow cross-section of the associated collector.
Honda discloses that a ratio of a hole diameter d to a height H2 of an orifice plate 137 has an effect of pressure drop ΔP and temperature difference ΔT, according to paragraph 0052-0054 of the translation and Fig. 12. Therefore, the claimed percentage is result effective since it is also a ratio of the aperture through-flow cross-section to the collector through-flow cross-section. It is evident in Fig. 12 that the ratio cannot be too low that causes an excessive pressure loss, and cannot be too high that causes too much temperature difference ΔT which indicates a non-uniform flow between the tubes. Honda suggested that the ratio to be 0.3-0.6 which corresponds to the percentage of 30%-60%. One of ordinary skill in the art would perform routine optimization of the ratio between the aperture through-flow cross-section and collector through-flow cross-section including the claimed range in order for proper pressure loss and temperature difference. Therefore, specifying the percentage in the claim is not novel.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the aperture through-flow cross-section corresponds to between 8 % and 31 % of the collector through-flow cross-section of the associated collector in Adachi as taught by Honda through routine optimization to obtain optimum pressure loss and temperature difference in the heat exchanger.
Regarding claims 11 and 20, Adachi fails to disclose wherein at least one of the aperture openings has a cross-section of between 2 mm^2 and 4 mm^2.
As noted in claim 10 above, the claimed percentage range is result effective as evidenced by Honda that effectively determines the pressure drop ΔP and temperature difference ΔT of the heat exchanger. The claimed area range of the aperture openings are also result effective since the area directly determines the pressure drop ΔP and temperature difference ΔT of the heat exchanger. Therefore, specifying the area range in the claim is not novel. One of ordinary skill in the art would perform routine optimization of the area of the aperture opening including the claimed range in order for proper pressure loss and temperature difference.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided wherein at least one of the aperture openings has a cross-section of between 2 mm^2 and 4 mm^2 in Adachi as taught by Honda through routine optimization to obtain optimum pressure loss and temperature difference in the heat exchanger.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 and 14 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument (the new reference, Takafuji (US PGPub No. 2019/0339027).
Applicant's arguments filed 11/18/2025 have been fully considered but they are not persuasive.
In response to applicant’s argument to claim 21 that the header distributors 60, 70 (as inlet collector and outlet collector as claimed) are not found or otherwise provided by “consecutive plates”, the argument appears that the “consecutive plate” may be stacked plates with holes aligned to define inlet and outlet collectors, and with features on the plate to form the matrix as disclosed in the specification (basically, Fig. 3). However, the features of the applicant relied upon in the disclosure are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). It is noted that “consecutive plates” as claimed may be any shape, and do not require arrangement other than the claimed “arranged in the second direction”.
Therefore, any extension of a part or a structure, arranged in the second direction (extended or aligned), meets the claimed element of “consecutive plate”.
The walls of header distributors 60, 70, tubes 50 and fins 12 are each made of a consecutive plate. The consecutive plates of header distributor 60, 70, tubes 50 and fins 12 are arranged in the second direction (either having a length, width, thickness or alignment in z direction) and joined together forming the header distributors 60, 70, tubes 50 and fins 12 themselves and further the heat exchanger 10. Also, “a plate heat exchanger” may be broadly interpreted as any heat exchanger with plates. Therefore, the consecutive plates together form “a plate heat exchanger” as claimed.
Conclusion
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/JIANYING C ATKISSON/Supervisory Patent Examiner, Art Unit 3763
/F.K.L/Examiner, Art Unit 3763