DETAILED ACTION
Claim Rejections - 35 USC § 112
Claim 10, now an independent claim recites “a communication channel” and then specifies that the communication channel is “a second communication channel”. Absent any recitation of “a first communication channel” it is unclear how many channels must be present in the invention and this leaves the metes and bounds of the claimed invention in question. It is suggested that the applicant merely remove “second” channel references as the embodiment recited (wherein the heat exchanger is sealingly connected to the housing; i.e. that of Para. [0217]-[0226] of the disclosure) allows for only a single communication channel.
Claims 11, 17-21, and 27-28 depend from claim 10.
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) 1, 3-4, 6-7, 9, 12-14, and 22 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Greber (US 2020/0263930).
Regarding claim 1, Greber teaches a heat exchanger comprising a housing (5), and a heat exchanger core (3) inside the housing, wherein: one side of the housing is provided with an air vent (7, 9; the side illustrated at the bottom of Fig. 2), the heat exchanger is provided with a communication channel (45) in communication with the air vent; and the communication channel is located inside the housing and at another side opposite to the air vent (in particular the channels 45 along the top side of Fig. 2 and 7,9 are on the bottom side in that Figure); the communication channel comprises a first communication channel (45 immediately downstream of 7) and a gap is provided between an end of the heat exchange core away from the air vent and the housing (Fig. 2, gap between 3 and upper 24) and the gap forms the first communication channel.
It is noted that in Para. [0064] the number of passes (determined by 33) and thus the number of channels 45 is variable and may include only a single channel 45. While this is not relevant to all claims, the examiner would like to point it out early for later application.
Greber further teaches that: the heat exchanger further comprises a first heat exchange channel located inside the housing (a gap between adjacent 3) comprising at least one inlet and outlet channel (gaps between adjacent 3 located near inlet 7 and outlet 9, respectively) both inlet and outlet channels are in communication with the air vent (at 7 and 9) and the first communication channel is in communication with an outlet of the inlet channel and an inlet of the outlet channel (in an embodiment with only a single 33 as noted above), per claim 3; in the first heat exchange channel a channel wall of the inlet channel is isolated from a channel wall of the outlet channel adjacent it (by 33), per claim 4; in the first heat exchange channel, the inlet channel is isolated from the outlet channel adjacent it by a partition plate (33) which is in a sealed connection (via 47) with the housing an which extends from the air vent to the first communication channel (see Fig. 2), per claim 6; at least two inlet and outlet channels are provided and isolated from each other, respectively (there are multiple channels formed by the stack of tubes 3), per claim 7; the communication channel further comprises a second communication channel (e.g. 45 at the top side of Fig. 2 closest to 9) arranged int eh heat exchanger core and having the same communication direction (left to right in Fig. 2) as the first, per claim 9; the inlet (7) of the inlet channel and the outlet (9) of the outlet channel are arranged one after another along a length direction (left-right Fig. 1) of the air vent and the inlet and outlet channels are both straight (see Fig. 2), per claim 12; the heat exchanger further comprises a second heat exchange channel (interior of 3) configured to exchange heat with the first heat exchange channel and the housing is provided with an air inlet (19) and outlet (21) with the inlet, second channel, and outlet arranged in flow order (Figs. 1-2), per claim 13; the air inlet and outlet are located at opposite sides of the housing (Figs. 1-2) and the same side of the air vent (they are both located above the air vent in Fig. 2), per claim 14; after assembly, the housing is a unitary (i.e. one piece) structure, per claim 22.
Claim(s) 10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DeVilbiss (US 2002/0134544).
Regarding claim 10, DeVilbiss teaches: a heat exchanger comprising a housing and core (Fig. 3) wherein one side of the housing is provided with an air vent (370, 380) and the heat exchanger is provided with a communication channel (from 370, between adjacent 200, to 380); the communication channel is located inside the housing (between 360 and 350; e.g. Fig. 3) and the communication channel is located at another side of the housing opposite to the air vent (the communication channel from the inlet to the outlet extends the entire depth of the device), the communication channel is arranged in the heat exchange core (see Fig. 3) and the end of the core away from the air vent is sealingly connected to the housing (350).
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) 5, 15-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Greber in view of Yoon (US 2018/0313301).
Regarding claim 5, Greber does not teach the two inlet/outlet channels with second openings.
Yoon teaches it is old and well-known to divide channels for heat exchange fluids formed between adjacent tubes (see Fig. 3) into multiple (at least two) channels adjacent each other (320; Fig. 3) with second openings (see Fig. 4) for communication between the adjacent channels.
It would have been obvious to one of ordinary skill to sub-divide the inlet and/or outlet channels of Greber, as taught by Yoon, to increase turbulence and disrupt boundary layer formation.
Regarding claims 15-16, Greber teaches that the heat exchange core comprises a layer of the heat exchange tube (3) with a first gap formed between the layer and the housing (see, e.g. 35 in Fig. 3); each layer comprises at least one tube, a tube cavity is the second heat exchange channel (see Fig. 1); wherein an end of the heat exchange tube extends into the air inlet (see Fig. 3) and another into the air outlet (again, Fig. 3; these inlet/outlet represent the ‘tube cavities’) and the tubes are fixed to the housing (via 29).
Greber does not teach the heat exchange member arranged in the first gap forming the inlet and outlet channels.
Yoon teaches it is old and well-known to divide channels for heat exchange fluids formed between adjacent tubes (see Fig. 3) into multiple (at least two) channels adjacent each other (320; Fig. 3) with second openings (see Fig. 4) for communication between the adjacent channels via a heat exchange member (see Fig. 3).
It would have been obvious to one of ordinary skill to sub-divide the inlet and/or outlet channels of Greber, as taught by Yoon, to increase turbulence and disrupt boundary layer formation.
Regarding claims 25-26, Greber teaches that the heat exchange core comprises at least two layers of the heat exchange tube (3) with gaps between adjacent layers (see Figs. 2-3); each layer may comprise at least two tubes, a tube cavity is the second heat exchange channel (see Fig. 1); wherein an end of the heat exchange tube extends into the air inlet (see Fig. 3) and another into the air outlet (again, Fig. 3) and the tubes are fixed to the housing (via 29).
Greber does not teach the heat exchange member arranged in the first gap forming the inlet and outlet channels.
Yoon teaches it is old and well-known to divide channels for heat exchange fluids formed between adjacent tubes (see Fig. 3) into multiple (at least two) channels adjacent each other (320; Fig. 3) with second openings (see Fig. 4) for communication between the adjacent channels via a heat exchange member (see Fig. 3).
It would have been obvious to one of ordinary skill to sub-divide the inlet and/or outlet channels of Greber, as taught by Yoon, to increase turbulence and disrupt boundary layer formation.
Claim(s) 23-24 and 29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Greber in view of DeVilbiss (US 2002/0134544).
Regarding claims 23-24, Greber teaches that the first partition (33) is located at the air vent (at 47, Fig. 2) and separates the inlet and outlet portions of the air vent apart (Fig. 2) but does not teach the enclosures and heat generating device.
DeVilbiss teaches that it is old and well-known to provide a first sealed cavity (“enclosure”) and second cavity (Fig. 3; delineated by 350 and 360) wherein the first cavity contains a heat generating device (electronics) and the heat exchanger is arranged inside the second cavity with the air vent in communication with the first (see Fig. 3); first and second fans drive airflow into and out of the cavity (Para. [0024]); the second partition (360) divides the inner cavity into the first and second cavities.
It would have been obvious to one of ordinary skill to utilize the device of Greber to cool a sealed environment, as taught by DeVilbiss, as such uses are known and common in the art.
Regarding claims 29, Greber does not teach the enclosures and heat generating device.
DeVilbiss teaches that it is old and well-known to provide a first sealed cavity (“enclosure”) with a first cavity (containing the electronics) and a second cavity (Fig. 3; delineated by 350 and 360) containing the heat exchanger (Fig. 3) with the air vents (370 and 380) communicate with the first cavity.
It would have been obvious to one of ordinary skill to utilize the device of Greber to cool a sealed environment, as taught by DeVilbiss, as such uses are known and common in the art.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Greber in view of Raskin (US 3,220,472).
Regarding claim 8, Greber does not teach subdivision of channels.
Raskin teaches it is old and well-known to divide channels (groupings of 4 with the same flow direction; see Fig. 1) into subchannels (4) with openings (6) between them away from the inlet and outlet (see Fig. 1) allowing communication between subchannels and forming a communication channel (see Fig. 1).
It would have been obvious to one of ordinary skill to provide the device of Greber with the subchannels and communication openings, as taught by Raskin, to allow for increase thermal transfer surface without increasing fouling or cleaning difficulty (see Col. 2:20-35 of Raskin).
Claim(s) 11, 17-19, soaidhfasoihd is/are rejected under 35 U.S.C. 103 as being unpatentable over DeVilbiss in view of Raskin.
Regarding claim 11, Devilbiss does not teach separation into heat exchange channels in communication with the air vent.
Raskin teaches that it is old and well-known to separate the inlet and outlet of a heat exchanger (both on side 9) into channels (each subset which flows in opposite directions represents a first or second heat exchange channel) the first channel comprising an inlet channel (at inlet 9) and outlet channel (at outlet to 5 on the right) and the second channel likewise comprises second inlet and outlet channels at the right and left of fig. 1, respectively; the first outlet and second inlet channels are connected (fig. 1); each of the inlet and outlet channels are sub-channels (i.e. separated into subchannels by 4); in the first heat exchange channel at least on first opening is provided between adjacent sub-channels at the end of the subchannel away from the air vent and in communication with the sub channels at both sides fo the first opening to form the second communication channel (right-most 6 in Fig. 1).
It would have been obvious to one of ordinary skill to provide the device of DeVilbiss with the channel sub-divisions, as taught by Raskin, to ensure flow across the entire length of the heat exchanger surface and prevent “shortcut” flow directly from the airvent inlet to outlet.
Raskin further teaches that: the inlet and outlet channesl are both straight (Fig. 1), per claim 17;
DeVilbiss further teaches: a second heat exchange channel (from 330 to 340) to exchange heat with the first (through walls of 200) having air inlet (320) and outlet (310) arranged in the flow order of inlet, second channel, outlet (Fig. 3), per claim 18; the air inlet and outlet are at opposite sides of the housing (Fig. 3) and the same side as the vent (they both abut the plate in which the vent is formed, 360; Fig. 3), per claim 19;
Claim(s) 20-21 and 27-28 is/are rejected under 35 U.S.C. 103 as being unpatentable over DeVilbiss in view of Raskin and Yoon.
Regarding claims 20-21, DeVilbiss, as modified, teaches that the heat exchange core comprises a layer of the heat exchange tube (200; second tube from the left in Fig. 3) with a first gap formed between the layer and the housing (Fig. 3; the left-most tube 200 coopertively forms the housing with 350/360); the layer comprises at least one tube (200), a tube cavity is the second heat exchange channel (for 330 to 340 in Fig. 3); wherein an end of the heat exchange tube extends into the air inlet (320) and another into the air outlet (310) and the tubes are fixed to the housing (Fig. 3).
DeVilbiss does not teach the heat exchange member arranged in the first gap forming the inlet and outlet channels.
Yoon teaches it is old and well-known to divide channels for heat exchange fluids formed between adjacent tubes (see Fig. 3) into multiple (at least two) channels adjacent each other (320; Fig. 3) with second openings (see Fig. 4) for communication between the adjacent channels via a heat exchange member (see Fig. 3).
It would have been obvious to one of ordinary skill to sub-divide the inlet and/or outlet channels of DeVilbiss, as taught by Yoon, to increase turbulence and disrupt boundary layer formation.
Regarding claims 27-28, DeVilbiss, as modified, teaches that the heat exchange core comprises at least two layers of the heat exchange tube (200) with gaps between adjacent layers (see Figs. 3); each layer may comprise at least two tubes, a tube cavity is the second heat exchange channel (from 330 to 340; Fig. 3); wherein an end of the heat exchange tube extends into the air inlet (320) and another into the air outlet (310) and the tubes are fixed to the housing (Fig. 3).
DeVilbiss does not teach the heat exchange member arranged in the first gap forming the inlet and outlet channels.
Yoon teaches it is old and well-known to divide channels for heat exchange fluids formed between adjacent tubes (see Fig. 3) into multiple (at least two) channels adjacent each other (320; Fig. 3) with second openings (see Fig. 4) for communication between the adjacent channels via a heat exchange member (see Fig. 3).
It would have been obvious to one of ordinary skill to sub-divide the inlet and/or outlet channels of Greber, as taught by Yoon, to increase turbulence and disrupt boundary layer formation.
Response to Arguments
Applicant's arguments filed 7/23/26 have been fully considered but they are not persuasive.
Argument (I) regarding spaces 63 is not grounded in the claim language. The examiner could find no recited limitation in claim 1 which the features 63 of Greber ran afoul of.
Argument (II) asserts that the heat exchanger of Greber is not applicable because it may be attached to other equipment. This is not related to the scope of the claim, which is the heat exchanger, and not the entire system into which it is integrated.
Argument (III), regarding a series of 180 degree U turns is likewise non-dispositive. Claim 1 does not preclude multiple turns, it only requires a turn located on one side and inlets located on an opposite side (as in Greber Fig. 2). Even if this were not the case, the rejection statement cites to Para. [0064] which specifically states that Greber’s device may have any number of turns, including one.
The remainder of the art related arguments rely entirely on the above and are therefore not addressed separately.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Devon Lane whose telephone number is (571)270-1858. The examiner can normally be reached M-Th, 9-4.
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/DEVON LANE/ Primary Examiner, Art Unit 3763
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