DETAILED ACTION
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 features of claim 5 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 § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 5 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention. While the disclosure does enable 90 degree angles, it does not enable any other claimed angle, including 60-90 and 90-120 degrees. Only precisely 90 degrees has been enabled by the disclosure. It is noted that the claimed range is not mentioned in the written specification or illustrated in any figure. It only appears in this claim.
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) 1-6, 10-17, 22-23 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Manzo (US 2018/0187984).
It is noted that, while Figures 3-4 represent the applied embodiment, reference to Fig. 17 can be very helpful in visualizing the structure and following a single pathway as it twists across each unit cell.
Regarding claim 1, Manzo teaches a first number of channels (409; Fig. 4) extending along a first flow direction of the first fluid (in-out of the page) and in a first transverse direction (left-right), wherein the first transverse direction varies along the first flow direction (across the depth of the heat exchanger core it rotates through 360 degrees; see, e.g., blocking portions 514 for the first fluid in the core configuration of Fig. 5 for the periodic depths of the core wherein the transverse direction has rotated to up-down); a second number of channels (411; Fig. 4) for a second fluid extending along a second flow direction of the second fluid (in-out of the page; see parallel and counter-flow configurations of Fig. 9) and in a second transverse direction (left-right) which also varies along the second flow direction (again, see components 512 which block the second fluid periodically after its rotations along the core); a wall structure is configured such that the first and second channels are in thermal interaction (it’s a heat exchanger core) and such that at first (e.g. at left-most surface of Fig. 3 or at inlet face for the first fluid in Fig. 5) location of the heat exchanger relative to the flow directions, the first and second transverse directions (left-right) differ from a second location (at half the depth of each unit cell 300; they differ by 90 degrees);
flow dividing portions along the first transverse direction divide a first channel of the first number of channels into several first partial channels and the second channel of the first number of channels into several second partial channels (see annotated Figure below); flow joining portions join a partial channel with one or several other partial channels in which either the first or second fluid flows to form a channel of the first or second number of channels at the first or second location (see annotated Figure below); and the wall structure is configured such that the flow dividing portions for the first number of channels represent the flow joining portions for joining partial channels of the second number of channels (the opposite surface of each flow dividing portion forms the joining portion for the fluid on that side of the wall; see annotated Figure below).
It is noted that Figure 17 is utilized to illustrate these features. While the embodiment applied is that of Figures 3-4, the recited features are the same in Figure 17 and the additional subdivisions of the second fluid flow space help visualize the connections in the first fluid flow space.
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Regarding claim 12, the arrows of the first location dividing portions are located at the central area at which the gradually increasing elevation of a bottom wall and the gradually increasing depression of a top wall meet; as the joining portions are the opposite side of the dividing portion walls it can be seen that the same applies to the flow joining portions.
Manzo further teaches that: the first and second channels are interleaved (Fig. 4) with first and second transverse directions being the same (Fig. 4; left-right) and the first and second transverse direction at the second location (at half the depth of each unit cell) are also the same (rotated by 90 degrees each) and different to the first location, per claim 2; the heat exchanger is configured as a counter-flow heat exchanger with first and second flow directions opposite to each other (Fig. 9), per claim 3; a volume in which at least 5 first and second channels are arranged (e.g. Fig. 4; the core is formed by repeating the unit cell any number of desired times leading to any number of channels desired), wherein the wall structure is configured to fluidically connect the first number of channels to each other and the second number of channels to each other and separate the first and second channels from each other(e.g. at 409 and 411 of Fig. 4) and wherein the wall structure is configured such that the first and second channels extend completely through the volume at the first location in the first and second transverse directions (see Fig. 4; left-right) and the first and second number of channels extend completely through the volume at the second location (at half the depth of each unit cell layer) in the first and second transverse directions which differ from those in the first location (they are rotated 90 degrees), per claim 4; the transverse directions at the first location are at a 90 degree angle to the transverse directions at the second location (at half the depth of each unit cell layer) and the two locations may be spaced apart between 0.5 and 20 mm (5mm is half the depth of a 10mm unit cell per Para. [0067]), per claim 5; at each of the first and second locations the walls comprise parallel structures at the first location separating the first and second number of channels along the first or second transverse direction (see 409, 411; Fig. 4; left-right) and parallel areas at the second location separating the first and second channels along the other transverse directions (i.e. vertically at half the depth of the unit cell), per claim 6; between the first (interface of two unit cells in the depth direction) and second locations (halfway through the unit cell) where the transverse directions are horizontal and vertical, respectively (Figs. 4 and 5), the wall structures have a rhombus shape with partial channels of each fluid are both vertically and horizontally adjacent to each other (i.e. touching at the corners of the rhombi), per claims 10 and 11; the flow dividing and joining portions of the channels are offset such that the flow dividing portions of the first channels is each arranged between two of the second channels with respect to the first transverse direction (i.e. at a midpoint between the first and second locations when the flow channels each have become the partial channels of the rhombus or square shapes; see above), per claims 13 and 14; first through fourth collecting areas (headers) are provided to inputs and outputs of the first and second channels with the inlets and outlets of each fluidically separated (e.g. Figs. 6 and 9), per claims 15-16; first and second stages with differing volumes and numbers of channels are disclosed (see Fig. 14; Para. [0064]), per claim 17; the wall structure crates a full period (either every unit cell or every two unit cells, depending on whether 180 degree rotation or 360 degree rotation constitutes a period) and may have at least two periods (see Fig. 4), per claims 22-23.
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) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Manzo in view of Rosman (US 4,535,840).
Manzo does not teach counter in-out and out-in flow.
Rosman teaches parallel counterflow (Figs. 6) and inside-outside and outside-inside flow (e.g. Fig. 9) wherein the channels all increase in their cross-section from the inside to the outside (Fig. 9).
It would have been obvious to one of ordinary skill to provide the device of Manzo with the inside-outside configuration depending on the shape of an installation space available.
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Manzo.
Manzo specifies the volume faction (see Table 1) but does not specify wall thickness.
However, Manzo does teach that the wall thickness is a results effective variable (Para. [0043] and [0113]).
It would have been obvious to one of ordinary skill to optimize the wall thickness of Manzo, including within the recited ranges, as it is an art recognized results effective variable.
It is noted that due to the optional listing of limitations, only the volume fraction is required to meet the requirements of the claim.
Claim(s) 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Manzo in view of Lotz (US 4,730,464).
Manzo teaches that all pathways comprise areas that are vertically oriented (each channel rotates across the unit cells; see Figs. 4 and 5)and extend through the heat exchanger from top to bottom. While Manzo contemplates use cases which may create unwanted condensation (e.g. A/C systems in Para. [0078]) they do not discuss condensate draining means.
Lotz teaches that it is old and well-known to provide vertical tubes containing heat exchange fluid which may form condensates to condensate drainage means below (Fig. 4).
It would have been obvious to provide the device of Manzo with the drainage taught by Lotz in use cases which generate condensate.
Claim(s) 24-25 and 31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kinsell (US 4,347,714) in view of Manzo and Jewess (US 8,387,357).
Regarding claims 24-25, Kinsell teaches an input for gas to be cooled and a gas output (left and right sides of 24); a recuperator (24); a compressor (22) with the input coupled to a first recuperator output (bottom of 24); a further heat exchanger (12); a turbine (20).
Kinsell does not specify any of the structural details of the recuperator. It would have been obvious to utilize the heat exchanger of Manzo as any heat exchanger structural choices have been left to one of ordinary skill by Kinsell. This includes the first and second inputs and outputs and channels.
Kinsell does not specify the location of the recuperator.
Jewess teaches that it is old and well-known in the art to form compressors (28) with suction areas (16) surrounded by the recuperator (40).
It would have been obvious to arrange the devices of Kinsell as taught by Jewess for compactness.
Claim(s) 26-32 is/are rejected under 35 U.S.C. 103 as being unpatentable over Atkinson (US 5,121,610) in view of Manzo.
Regarding claim 26, Atkinson teaches a compressor with input and output (14); a heat exchanger with first and second inputs and outputs (18); a turbine with input and output (26); the compressor output is connected to the second heat exchanger input (e.g. Fig. 1) and the second heat exchanger output is connected to the turbine input (e.g. Fig. 1).
Atkinson does not specify any of the structural details of the recuperator. It would have been obvious to utilize the heat exchanger of Manzo as any heat exchanger structural choices have been left to one of ordinary skill by Kinsell.
Atkinson further teaches that: an input interface may couple the compressor input and the first heat exchanger input to a gas supply (26 and 22 in Fig. 1; connect both inputs to either ambient or conditioned space), per claim 27; the input interface comprises on an input side an outlet air input (from 12) and a fresh air input (from ambient) and on an output side first and second input interface outputs (connecting from 16 and 22 to 14 and 18, respectively; all per Fig. 1), per claim 28; in a configuration the input interface is configured to connect the compressor input to the fresh gas channel of the gas supply and the first heat exchanger input to an outlet gas channel of the gas supply (e.g. Fig. 4), per claim 29; a configuration wherein the input interface is configured to connect the compressor input to an outlet gas channel of the gas supply and the first heat exchanger input to a fresh as channel of the gas supply (Fig. 4), per claim 30; a room outlet air terminal (outlet from 12) coupled to the gas supply (Fig. 4) and a room inlet air terminal (inlet to 12) coupled to the gas exhaust (Fig. 4), per claim 32.
Regarding claim 31, Manzo further teaches that channels for the first fluid extend between first heat exchanger inputs and outputs and the second fluid between second inputs and outputs (see Fig. 5).
Response to Arguments
Applicant's arguments filed 12/16/25 have been fully considered but they are not persuasive.
Regarding the Figure Objection: The transverse directions are defined as directions along which the number of channels “extends”. At the other illustrated angles, such as 45 and 135 degrees, the channels are separated into subchannels and do not “extend” in another direction. It is noted that, the Figures the applicant has relied upon specifically label 90 rotational increments as the “first location” (Figs. 1a, 1e) and the “second location” (Figs. 1c and 2b). Therefore, the objection that the range of the claim is not sufficiently illustrated is maintained. It is not clear what a structure at which the first and second locations were separated by such rotational distances along the length of the device could look like. The inclusion of the verbatim text from the claim on top of the drawing sheet does not cure the drawing objection.
Regarding the 112a rejection, as stated above, the transverse direction is defined as a direction in which the number of channels “extend”. The specification does not make clear that the inventor possessed at the time of the invention such orientations. The arguments presented do not appear to take this requirement from claim 1 defining the transverse direction into account.
Regarding the arguments directed toward Manzo, the applicant has mischaracterized the reference. The above annotated Figure has been included to clarify the structure taught by Manzo as it relates to the claims. It is unclear what the “tubular shape” in the arguments is meant to refer to.
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.
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jerry-Daryl Fletcher can be reached at 571.270.5054. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DEVON LANE/ Primary Examiner, Art Unit 3763
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