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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 1/13/2026 has been entered.
Status of the Claims
The status of the claims as filed in the reply dated 1/13/2026 are as follows:
Claims 1, 19, and 21 are amended,
Claims 3-6 and 20 are canceled,
Claims 1, 7-19, and 21 are currently pending.
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) 1-2 and 7-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wand (U.S. Patent No. 5,462,113, previously cited) in view of Berger et al. (U.S. Patent No. 4,407,359, “Berger”, previously cited).
Regarding claim 1, Wand discloses a heat exchanger (figs 1-11), comprising:
at least one first plate (18); and
at least one second plate (20) disposed adjacent the at least one first plate, wherein an arrangement of the at least one first plate and the at least one second plate forms a first flow path for a first fluid (R1) and at least one of a second flow path for a second fluid (R2) and a third flow path for a third fluid (W, col 7, lines 58-67), wherein the at least one first plate (18) includes a first shaped section (22) formed in a surface thereof, along a longitudinal axis (A-long) of the at least one first plate (fig 6), the first flow path into a plurality of secondary flow paths (see annotated fig 2 below) for the first fluid.
PNG
media_image1.png
538
784
media_image1.png
Greyscale
PNG
media_image2.png
379
840
media_image2.png
Greyscale
However, Wand does not explicitly disclose wherein the first shaped section is an elongate obround continuously extending along a longitudinal axis of the at least one first plate and continuously abuts a surface of the at least one second plate to divide the first flow path into a plurality of secondary flow paths for the first fluid. Berger, however, discloses a heat exchanger (fig 1) wherein a first shaped section is an elongate obround (see annotated fig 1 below) continuously extending along a longitudinal axis of a first plate and continuously abuts a surface of a second plate (see annotated fig 3 below) to divide the first flow path into a plurality of secondary flow paths for the first fluid. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for Wand to provide the elongate obround shape of Berger in order to facilitate attachment to an oblong shaped inlet/outlet port.
PNG
media_image3.png
508
786
media_image3.png
Greyscale
PNG
media_image4.png
222
975
media_image4.png
Greyscale
Regarding claim 2, the combination of Wand and Berger discloses all previous claim limitations. Wand further discloses wherein the at least one first plate (18) is configured to define the first flow path for the first fluid (R1).
Regarding claim 7, the combination of Wand and Berger discloses all previous claim limitations. Wand further discloses wherein the at least one first plate (18) includes at least one second shaped section (42, 44, 46, 48) that surrounds at least one of an inlet opening and an outlet opening for at least one of the second flow path for the second fluid (R2) and the third flow path for the third fluid (W).
Regarding claim 8, the combination of Wand and Berger discloses all previous claim limitations. Wand further discloses wherein the at least one second shaped section (42, 44, 46, 48) of the at least one first plate (18) abuts a surface of the at least one second plate (20) to militate against leakage of the second fluid (R2) and/or third fluid (W) into the first flow path.
Regarding claim 9, the combination of Wand and Berger discloses all previous claim limitations. Wand further discloses wherein the at least one second plate (20) is configured to define the second flow path (fig 2).
Regarding claim 10, the combination of Wand and Berger discloses all previous claim limitations. Wand further discloses wherein the at least one second plate (20) includes a first shaped section (52, 54) formed in a surface (50) substantially perpendicular to a longitudinal axis (A-long) of the at least one second plate.
Regarding claim 11, the combination of Wand and Berger discloses all previous claim limitations. Wand further discloses wherein the first shaped section (52, 54) of the at least one second plate (20) abuts a surface of the at least one first plate (16) to define the second flow path (fig 2).
Regarding claim 12, the combination of Wand and Berger discloses all previous claim limitations. Wand further discloses wherein the first shaped section (24) of the at least one second plate (20) surrounds at least one of an inlet opening and an outlet opening for the first flow path for the first fluid (fig 8).
Regarding claim 13, the combination of Wand and Berger discloses all previous claim limitations. Wand further discloses wherein the first shaped section (52, 54) of the at least one second plate (1820 abuts a surface of the at least one first plate (18) to militate against leakage of the first fluid into the second flow path and/or the third flow path (fig 2).
Regarding claim 14, the combination of Wand and Berger discloses all previous claim limitations. Wand further discloses wherein the at least one second plate (20) includes at least one second shaped section (24) formed in the surface along the longitudinal axis (A-long) of the at least one second plate (20).
Regarding claim 15, the combination of Wand and Berger discloses all previous claim limitations. Wand further discloses wherein the at least one second shaped section (24) of the at least one second plate (20) abuts a surface of the at least one first plate (18) to form a generally circular second flow path (see annotated fig 2 below).
PNG
media_image5.png
380
812
media_image5.png
Greyscale
Regarding claim 16, the combination of Wand and Berger discloses all previous claim limitations. Wand further discloses wherein inlet and outlet openings (see annotated fig 1 below) for the second flow path (R2) for the second fluid are located on opposite sides of the at least one second shaped section (24) of the at least one second plate.
PNG
media_image6.png
538
784
media_image6.png
Greyscale
Regarding claim 17, the combination of Wand and Berger discloses all previous claim limitations. Wand further discloses wherein the at least one second shaped section (24) of the at least one second plate divides the second flow path into a plurality of secondary flow paths (see annotated fig 2 below) for the second fluid (R2).
PNG
media_image7.png
428
806
media_image7.png
Greyscale
Regarding claim 18, the combination of Wand and Berger discloses all previous claim limitations. Wand further discloses wherein each of the at least one first plate (18) and the at least one second plate (20) includes inlet opening and outlet openings for at least one of the first flow path for the first fluid (R1), the second flow path for the second fluid (R2), and the third flow path for the third fluid (W, fig 1), wherein the inlet openings for the first flow path for the first fluid are fluidly connected to form an inlet manifold for the first fluid (fig 1), the inlet openings for the second flow path for the second fluid are fluidly connected to form an inlet manifold for the second fluid (fig 1), and/or the inlet openings for the third flow path for the third fluid are fluidly connected to form an inlet manifold for the third fluid (fig 1), and wherein the outlet openings for the first flow path for the first fluid are fluidly connected to form an outlet manifold for the first fluid (fig 1), the outlet openings for the second flow path for the second fluid are fluidly connected to form an outlet manifold for the second fluid (fig 1), and/or the outlet openings for the third flow path for the third fluid are fluidly connected to form an outlet manifold for the third fluid (fig 1).
Claim(s) 19 and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wand (U.S. Patent No. 5,462,113, previously cited) and in further view of Tokozakura et al (U.S. Patent Publication No. 2018/0058766, “Tokozakura”).
Regarding claim 19, Wand discloses a heat exchanger (figs 1-11), comprising:
a plurality of plates (18, 20) to define a plurality of first flow paths for a first fluid (W), a plurality of second flow paths for a second fluid (R1) and a plurality of third flow paths for a third fluid (R2), wherein an inlet opening (38) for the first flow paths is disposed in a first region of the first flow paths between an inlet opening (38) for the second flow paths and an inlet opening (28) for the third flow paths (fig 1) and an outlet opening for the first flow paths (38) is disposed in a second region of the first flow paths between an outlet opening (38) for the second flow paths and an outlet opening (38) for the third flow paths.
PNG
media_image8.png
651
848
media_image8.png
Greyscale
However, Wand does not explicitly disclose wherein the first flow paths and groupings comprised of both the second and third flow paths are alternatingly arranged in a stacked relationship. Tokozakura, however, discloses a heat exchanger (fig 1) wherein first flow paths (11) and groupings comprised of both second (12) and third flow paths (13) are alternatingly arranged in a stacked relationship. Tokozakura teaches that this arrangement can enhance the efficiency of the heat exchange between fluids (¶0010-0020). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for Wand to provide the flow path arrangement of Tokozakura in order to more efficiently exchange heat between the fluids.
Regarding claim 21, Wand discloses a fluid-conditioning system (figs 1-11), comprising:
a heat exchanger fluidly connected to a first circuit having a first fluid (W) flowing therethrough, a second circuit having a second fluid (R1) flowing therethrough, and a third circuit having a third fluid (R2) flowing therethrough, wherein the heat exchanger includes a plurality of plates (18, 20) arranged to define a plurality of first flow paths for the first fluid, a plurality of second flow paths for the second fluid, and a plurality of third flow paths for the third fluid, and wherein the first circuit is in thermal exchange relationship with at least one of the second circuit and the third circuit within the heat exchanger (fig 3).
However, Wand does not explicitly disclose wherein the first flow paths and groupings comprised of both the second and third flow paths are alternatingly arranged in a stacked relationship. Tokozakura, however, discloses a heat exchanger (fig 1) wherein first flow paths (11) and groupings comprised of both second (12) and third flow paths (13) are alternatingly arranged in a stacked relationship. Tokozakura teaches that this arrangement can enhance the efficiency of the heat exchange between fluids (¶0010-0020). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for Wand to provide the flow path arrangement of Tokozakura in order to more efficiently exchange heat between the fluids.
Response to Arguments
Applicant's arguments filed 1/13/2026 have been fully considered but they are not persuasive.
Applicant argues (pages 7-8) that Wand does not teach the limitations of “disclose wherein the first shaped section is an elongate obround continuously extending along a longitudinal axis of the at least one first plate and continuously abuts a surface of the at least one second plate to divide the first flow path into a plurality of secondary flow paths for the first fluid” as now required by claim 1. However, Berger is now being relied upon to teach these limitations.
Applicant argues that none of the cited references teach the limitations of “disclose wherein the first flow paths and groupings comprised of both the second and third flow paths are alternatingly arranged in a stacked relationship” as now required by claims 19 and 20. However, newly cited Tokozakura is now being relied upon to teach these limitations.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HARRY E ARANT whose telephone number is (571)272-1105. The examiner can normally be reached Monday-Friday 10-6 ET.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jianying Atkisson can be reached at (571)270-7740. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/HARRY E ARANT/Primary Examiner, Art Unit 3763