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 invention Group I, Species A and C, drawn to claims 1, 4-7 and 10, in the reply filed on 12/2/25 is acknowledged.
Claims 8, 9 and 11-19 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention/species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 12/2/25.
Claims 1-7 and 10 will be treated on the merits.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1 is/are rejected under 35 U.S.C. 102a1/a2 as being anticipated by Yang (US 2007/0171257), which discloses:
1. A flow control device comprising:
a flow tube (e.g., FIG 6) extending between upstream and downstream (the left and right sides of FIG 6), and a neck region (the central region of FIG 6) between the first and second ends, wherein the flow tube comprises:
a wall (52, 53) defining an outer boundary (see FIG 6) and extending longitudinally from a first end to a second end (the ends of flow channel 4) and transversely from a first side (inside of 52) to a second side (outside of 53), wherein:
the wall is nonmetal (para. 0036);
the wall defines:
a first segment (52) extending longitudinally between the first and second ends and transversely from the first side to a segment junction (between 52 and 53); and
a second segment (53) extending longitudinally between the first and second ends and transversely from the second side (between 52 and 53) to the segment junction; and
the first segment has a first coefficient of thermal expansion (CTE) and the second segment has a second CTE that differs from the first CTE, to define a transverse CTE gradient (see para. 0036, which explains that 52 and 53 exhibit different degrees of thermal expansion).
Claim(s) 1-3, 7 and 10 is/are rejected under 35 U.S.C. 102a1/a2 as being anticipated by Kenny (US 6,371,437), which discloses:
1. A flow control device comprising:
a flow tube (10) extending between upstream and downstream (flow occurs from top to bottom, FIG 1), and a neck region (through 16) between the first and second ends, wherein the flow tube comprises:
a wall (16, 18) defining an outer boundary (around which 19 is placed) and extending longitudinally from a first end (the top end) to a second end (the bottom end) and transversely from a first side (the outside of 18) to a second side (the inside of 16), wherein:
the wall is nonmetal (16 is elastomeric Viton, col. 7 lines 12-29; 18 is a wax, col. 8 lines 62-64);
the wall defines:
a first segment (18) extending longitudinally between the first and second ends and transversely from the first side (the outside of 18) to a segment junction (where 18 contacts 16); and
a second segment (16) extending longitudinally between the first and second ends and transversely from the second side (the inside of 16) to the segment junction; and
the first segment (inherently) has a first coefficient of thermal expansion (CTE) and the second segment (inherently) has a second CTE that differs from the first CTE (due to the different materials from which 16 and 18 are made), to define a transverse CTE gradient.
2. The flow control device of claim 1, wherein a thermoelectric junction is disposed around the outer boundary (19 surrounds the outer boundary of 18; where 19 is made of brass and is in contact with dissimilar metal of 12 which is made of bronze, copper or stainless steel; col. 5 lines 35-43, col. 8 lines 21-22, FIG 1)
3. The flow control device of claim 2, wherein the second CTE (of 16) is lower than the first CTE (18, which is the motive thermal reactant; e.g., col. 8 lines 64-67)
7. The flow control device of claim 3, wherein the first segment is formed of a first material having the first CTE (18 is a wax, col. 8 lines 62-64); the second segment is formed of a second material that differs from the first material and has the second CTE (16 is elastomeric Viton, col. 7 lines 12-29).
10. The flow control device of claim 3, wherein the wall extends linearly between the first and second ends (see FIG 1, the wall extends along and parallel to the central axis).
Allowable Subject Matter
Claims 4-6 are 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 8,205,668 discloses a heat exchanger with metallic walls comprised of sections having dissimilar coefficients of thermal expansion.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM M MCCALISTER whose telephone number is (571)270-1869. The examiner can normally be reached M-F from 7am to 6pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, CRAIG SCHNEIDER, can be reached at telephone number 571-272-3607, or Kenneth Rinehart can be reached at 571-272-4881. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WILLIAM M MCCALISTER/ Primary Examiner, Art Unit 3753
12/23/25