Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
Applicant’s election without traverse of Group I in the reply filed on 9/1/2026 is acknowledged.
Claims 13-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 9/01/2026.
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 flow modifier “…wherein the alteration in the area of the cross-section is an increase…”, as stated in claim 4, must be shown or the feature canceled from the claim. 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.
The drawings are objected to for the following informalities:
Improperly underlined numerals: 100 in figures 1, 2, 3, and 9; 200 in figures 4 and 5; 300 in figures 6 and 7.
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.
Specification
The abstract of the disclosure is objected to because:
The abstract includes phraseology which can be implied, stating “Presented are methods and apparatus for…”.
The abstract recites purported merits of the invention, stating both “…for the increase of heating efficiency by the control of Reynolds number inversion in high temperature heating devices…” and “Such flow modifiers allow for the internal temperature of the heated fluid to more closely reflect the fluid output temperature”.
A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
The disclosure is objected to because of the following informalities:
The “Reference Numerals” index is under the “Brief Description of Drawings” heading of the disclosure. This is inappropriate, see 37CFR1.74.
Appropriate correction is required.
Claim Objections
Claim 1 is objected to because of the following informalities:
In claim 1, “…the low modifier comprising…” should read “… the flow modifier comprising…”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 2, 3, 4, 5, and 7 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 2 recites “…wherein the flow modifier causes an alteration in the area of the cross-section of the channel thereby altering the velocity of the hot fluid”. It is unclear in what manner the area of the cross-section of the channel, and subsequently the velocity of the hot fluid, is being altered (e.g. size, shape, temperature, flow rate, etc.). Additionally, the claim does not clearly state the means or structure by which the flow modifier achieves the function of alteration (e.g. geometry, orientation, mechanical actuation, etc.). Therefore, claim 2 is indefinite.
Claim 4 recites “…wherein the alteration in the area of the cross-section is an increase thereby decreasing the velocity of the fluid”. It is unclear how the area of the cross-section of the fluid flow could be increased through an additive means of inserting an obstruction given the cross-section of the channel remains constant and all flow modifiers described in the specification reduce the cross-section of the channel. Examiner, for the purposes of examination, will interpret the above to imply the use of flow modifiers of varying sizes, with an increase in cross-section corresponding to the use of a smaller flow modifier relative to the others.
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.
Claims 1, 2, 3, 4, and 7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Small (US Patent No. 4,398,595), hereinafter Small.
Regarding claim 1, Small teaches (Figures 2-5) a flow modifier (vortex generator 54) capable of being inserted into a heated fluid flow of an electrically powered convective heater, the flow modifier comprising an obstruction inserted into the heated fluid flow (Col. 9 Ln. 20-40).
Regarding claim 2, Small teaches (Figures 2-5) the flow modifier is capable of being used wherein the electrically powered convective heater is comprised of a heating element confined in a channel through ceramic material, the channel having a length and a cross-section perpendicular to the length through which the heated fluid flow passes along the length of the channel wherein the flow modifier causes an alteration in the area of the cross-section of the channel thereby altering the velocity of the hot fluid (Col. 5 Ln. 27-44).
The relationship between volumetric flow (Q), cross section area (A), and fluid velocity (v) is well known (Bernoulli’s Principle; Volumetric Flow Equation; Q=A·v). Thus, the introduction of any object that obstructs the cross section of a fluid flow will inherently affect the velocity of said fluid accordingly.
Regarding claim 3, Small teaches (Col. 5 Ln. 27-44) that a smaller diameter of the vortex generators provides the advantage of minimizing the pressure drop caused by increased flow obstruction, while a larger diameter provides better structural support allowing for larger spacing between baffles (16, 20, 24, and 28). Therefore, because Small teaches a larger diameter, Small also teaches wherein the alteration in the area of the cross-section of the fluid flow is a decrease thereby increasing the velocity of the fluid.
Regarding claim 4, similar to the above stated, because Small teaches a smaller diameter of the vortex generators (Col. 5 Ln. 27-44), Small also teaches wherein the alteration in the area of the cross-section of the fluid flow is an increase thereby decreasing the velocity of the fluid.
Regarding claim 7, Small teaches (Figures 2-5) wherein the obstruction comprises smooth surfaces and rounded edges (Col. 4 Ln. 10-14; circular cross section).
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 6 is rejected under 35 U.S.C. 103 as being unpatentable over Small, in view of Vissa et al. (US Publication No. 20210102698) hereinafter Vissa.
Regarding Claim 6, Small teaches all of the aspects of the current invention as stated above except wherein the obstruction is comprised of ceramic material.
Vissa Teaches it is known that ceramic is a suitable construction material for components exposed to extreme heat such as that found in a super-heated steam generator (Pg. 4 Par. 47), due to the heat resistance of ceramic (Pg. 3 Par. 38).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Small to incorporate the teachings of Vissa, making the obstruction out of ceramic for the purpose of improved heat resistance in a high temperature environment.
Claims 8-11 are rejected under 35 U.S.C. 103 as being unpatentable over Vissa in view of Small.
Regarding claim 8, Vissa teaches (Figure 9) an electrically powered convective heater (100 plasma generator) comprised of a heating element (10 double helical heating element) confined in a channel (142 channel) through ceramic material (140 refractory; Pg. 3 Par. 38), the channel having a length and a cross-section perpendicular to the length (tube-shaped) through which the heated fluid flow passes along the length of the channel (Pg. 3 Par. 38). Vissa does not teach having at least one flow modifier placed strategically along a path of a heated flow within the heater in a manner to affect velocity of the heated flow.
Small teaches (Figures 2-5) a shell and tube heat exchanger having a plurality of vortex generators (54) oriented perpendicular along the path of a heated fluid flow for the purpose of improving heat transfer within a heat exchanger (Col. 9 Ln. 20-40). Small also teaches (Col. 5 Ln. 27-44) that a smaller diameter of the vortex generators provides the advantage of minimizing the pressure drop induced by increased flow obstruction, while a larger diameter provides better structural support allowing for larger spacing between baffles (16, 20, 24, and 28).
Additionally, the relationship between volumetric flow (Q), cross section area (A), and fluid velocity (v) is well known (Bernoulli’s Principle; Volumetric Flow Equation; Q=A·v). Thus, the introduction of any object that obstructs the cross section of a fluid flow will inherently affect the velocity of said fluid accordingly.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Vissa to incorporate the teachings of Small by including a plurality of vortex generators along the path of a heated fluid flow. Doing so would improve heat transfer within the heater.
Regarding claim 9, Small teaches (Figures 2-5) wherein at least one flow modifier (vortex generator 54) is an obstruction inserted into the heated flow, therefore the modified device of Vissa teaches the invention of claim 9.
Regarding claim 10, Vissa teaches (Figure 9) wherein the electrically powered convective heater is comprised of a heating element (10 double helical heating element) confined in a channel through ceramic material, the channel having a length and a cross-section perpendicular to the length through which the heated fluid flow passes along the length of the channel.
Small teaches (Figures 2-5) wherein the flow modifier causes an alteration in the area of the cross-section of the channel (Col. 9 Ln. 20-40) thereby causing an alteration in the velocity of the hot fluid.
Therefore, the modified device of Vissa teaches the invention of claim 10.
Regarding claim 11, as stated above, the relationship between volumetric flow, cross section area, and fluid velocity is well known. Because Small teaches a larger diameter of the vortex generator, small also teaches a decrease in the cross section area of the fluid flow and thus an increase in fluid velocity and turbulence resulting in the prevention of Reynolds number inversion. Therefore, the modified device of Vissa teaches the invention of claim 11.
Allowable Subject Matter
Claim 5 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claim 12 is objected to as being dependent upon a rejected base claim but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Claim 5 would be allowable for disclosing wherein the modifier comprises at least one spool comprised of discs having a round cross-section and a rod placed through the at least one spool wherein the modifier is positioned within the channel with the round cross-section of the discs being perpendicular to the round cross-section of the channel and where the rod is inserted in the ceramic material.
While the prior art discloses a rod-shaped vortex generator (54) with a circular cross section inserted into a hot fluid flow oriented perpendicular to the velocity of the fluid for the purpose of modifying the flow, it does not disclose a flow modifier comprised of at least one spool further comprising discs. Therefore, the feature is considered allowable.
Claim 12 would be allowable for disclosing wherein the at least one modifier comprises at least one spool comprised of discs having a round cross-section and a rod placed through the at least one spool wherein the modifier is positioned within the channel with the round cross-section of the discs being perpendicular to the round cross-section of the channel and where the rod is inserted in the ceramic material.
Similarly, as stated above, while the prior art discloses a rod-shaped vortex generator (54) with a circular cross section inserted into a hot fluid flow oriented perpendicular to the velocity of the fluid for the purpose of modifying the flow, it does not disclose a flow modifier comprised of at least one spool further comprising discs. Therefore, the feature is considered allowable
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Lunsfords (Increasing Heat Exchanger Performance. Hydrocarbon Engineering (1998). https://www.bre.com/PDF/Increasing-Heat-Exchanger-Performance.pdf) discloses a variety of techniques for improving the efficiency of industrial heat exchangers to include the topic of turbulence induction within the heating zone. Means for implementation are discussed, covering solutions such as pipe ridges, internal and external fins, varied tube geometries, and flow inserts.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICHOLAS FREDRICK GAUTHIER whose telephone number is (571)272-8725. The examiner can normally be reached 8:00am-5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, EDWARD LANDRUM can be reached at (571) 272-5567. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NICHOLAS FREDRICK GAUTHIER/ Examiner, Art Unit 3761
/EDWARD F LANDRUM/ Supervisory Patent Examiner, Art Unit 3761
