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 .
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, 4-9, 11-13 and 16-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cho (US PGPub No. 2023/0003464) in view of Zhang (CN 115325862 A), Sato (US PGPub No. 2009/0007991), Stahl (US Patent No. 3,768,554), Fewell (US Patent No. 3,999,602) and Kurz (US PGPub No. 2004/0247927).
Regarding claim 1, Cho discloses a heat exchanger (Fig. 1) for a nuclear reactor (for a reactor, paragraph 0031, note that “nuclear reactor” is intended use of the heat exchanger and it is not limiting the structure of the heat exchanger), the heat exchanger comprising:
a first layer (first flow path members 100) for flowing a first process fluid (in channels 111a), the first layer comprising:
a first sheet (first bonding plate 120); and
a first formed plate (first plate 110) defining a number of first flow channels (111a) therebetween,
wherein the first layer is comprised of a first material (the first plate 110 and first bonding plate 120 inherently have a first material composition); and
a second layer (second flow path members 200) for flowing a second process fluid (in channels 111b), the second layer comprising:
a second sheet (second bonding plate 220); and
a second formed plate (second plate 210) defining a number of second flow channels (111b) therebetween;
wherein the second layer is comprised of a second material (the second plate 210 and second bonding plate 220 inherently have a second material composition);
wherein the first layer and the second layer are stacked on each other in a core of the heat exchanger (see Fig. 1), and wherein the first layer and the second layer are bonded to each other (the members 100 and 200 are diffusion bonded together, paragraph 0075).
Cho fails to disclose wherein the second layer is comprised of a second material differing in composition from the first material, and wherein the second material is incompatible with the first process fluid.
Zhang discloses a diffusion welded heat exchanger (paragraph 0005-0009 of the translation) for nuclear reactors (paragraph 0037 of the translation) having stacked grooved plates that provide heat exchange between liquid lead-bismuth alloy and supercritical gas including water (paragraphs 0008-0009 of the translation).
Sato discloses a ferritic heat-resistant steel for use in pipes suitable for an ultra supercritical pressure (paragraph 0001).
Stahl discloses an AISI 316 stainless steel material is resistant to the liquid metal primary fluid (col. 2, lines 31-34). Fewell discloses that molten bismuth, lead and mercury is corrosive to steels by a dissolution process (col. 5, lines 40-45). An evidence, Lim (cited as an NPL), discloses that austenitic stainless steels (Grade 316L) are suitable for lead or LBE (lead-bismuth eutectic) cooled nuclear application with an appropriate oxygen activity in the liquid lead alloys at temperatures below 500 °C (Introduction of Lim).
Kurz discloses that two or more layers of metallic materials may be comprised of the same or different metallic materials may be diffusion bonded. Materials including austenitic stainless steels and ferritic stainless steels are the suitable metallic materials for the diffusion bonding (paragraph 0030).
According to the teaching of Zhang, the heat exchanger of Cho may be modified to provide heat exchange between supercritical water and liquid lead-bismuth to generate power. This can be done by flowing the liquid lead-bismuth in the channels 111a within the first flow path members 100; and the supercritical water in the channels 111b within the second flow path members 200.
Further, in order for the plates to be compatible with the fluids flowing within the plates, the second flow path members 200 may include a ferritic heat-resistant steel material taught by Sato to withstand temperature and pressure of the supercritical water. The first flow path members 100 may include an AISI 316 stainless steel material taught by Stahl in order to resist the corrosion as identified in Fewell. It is also evident that the two steel materials can be diffusion bonded as taught by Kurz.
As a result, Cho in view of Zhang, Sato and Kurz discloses wherein the second layer is comprised of a second material differing in composition from the first material as claimed.
A further evidence, Ballinger (cited as an NPL), discloses that the metal dissolution rate in the Pb-Bi coolant is dependent upon factors including the temperature of the Pb-bi coolant, oxygen potential in the Pb-bi coolant, inhibitors, etc. (pages 423-424). The ferritic heat-resistant steel (the second material claimed) of Sato may be incompatible with the molten bismuth and lead (the first process fluid claimed) flowing in the first flow channels 111a having higher than optimal dissolution rate under elevated temperature, lack or excessive oxygen potential in the Pb-Bi coolant, or lack of inhibitors. Note that “is incompatible” is a broad limitation that includes any undesired reaction between the two materials themselves.
Therefore, the ferritic steel material of Sato (as the second material as claimed) is incompatible to the molten bismuth and lead (as the first process fluid claimed) at least outside the conditions as taught by Ballinger.
It would have been obvious to one of ordinary skill in the art at the time of the invention to have provided wherein the second layer is comprised of a second material differing in composition from the first material, and wherein the second material is incompatible with the first process fluid in Cho as taught by Zhang, Sato and Kurz in order for the plates to be compatible with the respective fluids flowing within the plates for efficient power generation.
Regarding claim 2, Cho as modified in claim 1 further discloses wherein the first layer and the second layer are diffusion bonded to each other (paragraph 0075, also see claim 1 above).
Regarding claim 4, Cho as modified in claim 1 further discloses wherein the second layer is configured as a pressure bearing region (modified Cho has the modified second layers 200 as a pressure bearing region that bears the temperature and pressure from the supercritical water).
Regarding claim 5, Cho in claim 4 further discloses wherein the second process fluid comprises water (the supercritical water flowing within the second layer 200).
Regarding claim 6, Cho in claim 4 further discloses wherein the pressure bearing region is configured to enclose the second process fluid at a temperature, a pressure, or a combination thereof, greater than or equal to a critical point associated with the second process fluid (the modified second layers 200 is configured as a pressure bearing region that bears the temperature and pressure from the supercritical water).
Regarding claim 7, Cho in claim 6 further discloses wherein the second process fluid is supercritical water (see claim 4 above).
Regarding claim 8, Cho in claim 4 further discloses wherein the second material comprises stainless steel (the ferritic heat-resistant steel as taught by Sato is a type of a stainless steel that contains Chromium).
Regarding claim 9, Cho in claim 4 further discloses wherein each of the first flow channels are configured as an ambient pressure region (the first flow channels 111a are exterior or an ambient pressure with respected to the pressurized channels 111b).
Regarding claim 11, Cho as modified in claim 1 further discloses wherein the first process fluid is corrosive to the second material at operating conditions (Cho as taught by Fewell discloses that molten bismuth and lead flowing in the first flow channels 111a are corrosive to ferritic steels as modified in Sato by a dissolution process. The evidence, Ballinger, discloses the ferritic steel material has a higher than optimal dissolution rate or corrosion under elevated temperature, lack or excessive oxygen potential in the Pb-Bi coolant, or lack of inhibitors).
Regarding claim 12, Cho in claim 11 further discloses wherein the first process fluid comprises a liquid metal, an ionic liquid, a molten metal, a molten salt, or any combination thereof (liquid lead-bismuth fluid).
Regarding claim 13, Cho in claim 10 further discloses wherein the first process fluid comprises lead (liquid lead-bismuth fluid).
Regarding claim 16, Cho in claim 10 further discloses wherein the first material comprises nickel (the modified 300 series stainless steel of the first flow path members 100 comprises nickel).
Regarding claim 17, Cho as modified in claim 1 further discloses wherein:
the first layer is a diffusion bonded first layer, wherein comprising the first sheet diffusion bonded to the first formed plate (all layers in Cho are diffusion bonded);
the second layer is a diffusion bonded second layer comprising the second sheet diffusion bonded to the second formed plate (all layers in Cho are diffusion bonded); and
the diffusion bonded first layer and the diffusion bonded second layer are stacked on each other prior to being bonded to one another (the layers 100 and 200 are inherently stacked on each other before being diffusion bonded).
Regarding claim 18, Cho discloses a heat exchanger for a nuclear reactor (Fig. 1) for a nuclear reactor (for a reactor, paragraph 0031, note that “nuclear reactor” is intended use of the heat exchanger and it is not limiting the structural of the heat exchanger), the heat exchanger comprising a core (a stack shown in Fig. 1), the core comprising:
first layers (first flow path members 100) for flowing a fluid (in channels 111a), each of the first layers comprising a first sheet (first bonding plate 120) and a first formed plate (first plate 110) defining a number of first flow channels (111a) therebetween, wherein each of the first layers is comprised of a first material (the first plate 110 and first bonding plate 120 inherently have a first material composition);
second layers (second flow path members 200) for flowing a fluid (in channels 111b), each of the second layers comprising a second sheet (second bonding plate 220) and a second formed plate (second plate 210) defining a number of second flow channels (111b) therebetween, wherein each of the second layers is comprised of a second material (the second plate 210 and second bonding plate 220 inherently have a second material composition); and
wherein the first layers and the second layers are stacked in an alternating arrangement (see Fig. 1), and wherein the stacked first layers and second layers are diffusion bonded to one another (the members 100 and 200 are diffusion bonded together, paragraph 0075).
Cho fails to disclose first layers for flowing a lead based fluid, wherein each of the first layers is comprised of a first material configured to be compatible with the lead based fluid; and
second layers for flowing a supercritical fluid, wherein each of the second layers is comprised of a second material incompatible with the lead based fluid; and
Zhang discloses a diffusion welded heat exchanger (paragraph 0005-0009) for nuclear reactors (paragraph 0037) having stacked grooved plates that provide heat exchange between liquid lead-bismuth alloy and supercritical gas including water (paragraph 0008-0009).
Sato discloses a ferritic heat-resistant steel for use in pipes suitable for an ultra supercritical pressure (paragraph 0001).
Stahl discloses an AISI 316 stainless steel material is resistant to the liquid metal primary fluid (col. 2, lines 31-34). Fewell discloses that molten bismuth, lead and mercury is corrosive to steels by a dissolution process (col. 5, lines 40-45). An evidence, Lim (cited as an NPL), discloses that austenitic stainless steels (Grade 316L) are suitable for lead or LBE (lead-bismuth eutectic) cooled nuclear application with an appropriate oxygen activity in the liquid lead alloys at temperatures below 500 °C (Introduction of Lim).
Kurz discloses that two or more layers of metallic materials may be comprised of the same or different metallic materials may be diffusion bonded. Materials including austenitic stainless steels and ferritic stainless steels are the suitable metallic materials for the diffusion bonding (paragraph 0030).
According to the teaching of Zhang, the heat exchanger of Cho may be modified to provide heat exchange between supercritical water and liquid lead-bismuth to generate power. This can be done by flowing the liquid lead-bismuth within the first flow path members 100; and the supercritical water within the second flow path members 200.
Further, in order for the plates to be compatible with the fluids flowing within the plates, the second flow path members 200 may include a ferritic heat-resistant steel material taught by Sato in order to withstand temperature and pressure of the supercritical water. The first flow path members 100 may include an AISI 316 stainless steel material taught by Stahl in order to resist the corrosion as identified in Fewell. It is also evident that the two steel materials can be diffusion bonded as taught by Kurz.
As a result, Cho in view of Zhang, Sato, Stahl, Fewell and Kurz discloses first layers for flowing a lead based fluid (the liquid lead-bismuth in the first flow path members 100), wherein each of the first layers is comprised of a first material configured to be compatible with the lead based fluid (the AISI 316 stainless steel material taught by Stahl to resist the liquid metal corrosion).
A further evidence, Ballinger (cited as an NPL), discloses that the metal dissolution rate in the Pb-Bi coolant is dependent upon factors including the temperature of the Pb-bi coolant, oxygen potential in the Pb-bi coolant, inhibitors, etc. (pages 423-424). The ferritic heat-resistant steel of Sato may be incompatible with the molten bismuth and lead having higher than optimal dissolution rate under elevated temperature, lack or excessive oxygen potential in the Pb-Bi coolant, or lack of inhibitors. Note that “is incompatible” is a broad limitation that includes any undesired reaction between the two materials themselves.
Therefore, the second layers for flowing a supercritical fluid (the supercritical water in the second flow path members 200), wherein each of the second layers is comprised of a second material incompatible with the lead based fluid (the ferritic heat-resistant steel may be incompatible with the molten bismuth and lead under certain conditions).
It would have been obvious to one of ordinary skill in the art at the time of the invention to have provided the fluids and materials as set forth in claim 18 in Cho as taught by Zhang, Sato, Stahl, Fewell and Kurz in order for the plates to be compatible with the fluids flowing within the plates for efficient power generation.
Regarding claim 19, Cho discloses a method for producing a heat exchanger (Fig. 9), the method comprising:
providing a number of first layers (first flow path members 100) and second layers (second flow path members 200), wherein the providing comprises:
arranging a first flat sheet and a first formed plate to provide a first layer (stacking first plate 110 and first bonding plate 120 in Fig. 1 in the process S110 in Fig. 9) for flowing a first process fluid (in channels 111a), wherein the first formed plate and the first flat sheet define a number of first flow channels (111a) therebetween, wherein the first flat sheet and the first formed plate are comprised of a first composition (the first plate 110 and first bonding plate 120 inherently has a first material composition); and
arranging a second flat sheet and a second formed plate to provide a second layer (stacking second plate 210 and second bonding plate 220 in Fig. 1 in the process S120 in Fig. 9) for flowing a second process fluid (in channels 111b), wherein the second formed plate and the second flat sheet define a number of second channels therebetween (211a), wherein the second flat sheet and the second formed plate are comprised of a second composition (the second plate 210 and second bonding plate 220 inherently has a second material composition);
stacking each of the provided first layers and second layers in an alternating order (as shown in Fig. 1 by a process S300 which alternately stacks the first flow path members 100 and second flow path members in Fig. 9, see also paragraphs 0075-0076); and
diffusion bonding the stacked layers together to form a core of the heat exchanger (paragraphs 0075-0076).
Cho fails to disclose wherein the second flat sheet and the second formed plate are comprised of a second composition different from the first composition, wherein the second composition is incompatible with the first process fluid.
Zhang discloses a diffusion welded heat exchanger (paragraph 0005-0009 of the translation) for nuclear reactors (paragraph 0037 of the translation) having stacked grooved plates that provide heat exchange between liquid lead-bismuth alloy and supercritical gas including water (paragraphs 0008-0009 of the translation).
Sato discloses a ferritic heat-resistant steel for use in pipes suitable for an ultra supercritical pressure (paragraph 0001).
Stahl discloses an AISI 316 stainless steel material is resistant to the liquid metal primary fluid (col. 2, lines 31-34). Fewell discloses that molten bismuth, lead and mercury is corrosive to steels by a dissolution process (col. 5, lines 40-45). An evidence, Lim (cited as an NPL), discloses that austenitic stainless steels (Grade 316L) are suitable for lead or LBE (lead-bismuth eutectic) cooled nuclear application with an appropriate oxygen activity in the liquid lead alloys at temperatures below 500 °C (Introduction of Lim).
In order for the plates to be compatible with the fluids flowing within the plates, the second flow path members 200 may include a ferritic heat-resistant steel material taught by Sato to withstand temperature and pressure of the supercritical water. The first flow path members 100 may include an AISI 316 stainless steel material taught by Stahl in order to resist the corrosion as identified in Fewell. It is also evident that the two steel materials can be diffusion bonded as taught by Kurz.
As a result, Cho in view of Zhang, Sato and Kurz discloses wherein the second flat sheet and the second formed plate are comprised of a second composition different from the first composition.
A further evidence, Ballinger (cited as an NPL), discloses that the metal dissolution rate in the Pb-Bi coolant is dependent upon factors including the temperature of the Pb-bi coolant, oxygen potential in the Pb-bi coolant, inhibitors, etc. (pages 423-424). The ferritic heat-resistant steel (the second material claimed) of Sato may be incompatible with the molten bismuth and lead (the first process fluid claimed) flowing in the first flow channels 111a having higher than optimal dissolution rate under elevated temperature, lack or excessive oxygen potential in the Pb-Bi coolant, or lack of inhibitors. Note that “is incompatible” is a broad limitation that includes any undesired reaction between the two materials themselves.
Therefore, the ferritic steel material of Sato (as the second material as claimed) is incompatible to the molten bismuth and lead (as the first process fluid claimed) at least outside the conditions as taught by Ballinger.
It would have been obvious to one of ordinary skill in the art at the time of the invention to have provided wherein the second layer is comprised of a second material differing in composition from the first material, and wherein the second material is incompatible with the first process fluid in Cho as taught by Zhang, Sato, Stahl and Kurz in order for the plates to be compatible with the respective fluids flowing within the plates for efficient power generation.
Regarding claim 20, Cho as modified in claim 19 further discloses prior to stacking each of the provided first layers and second layers (prior the step S300), diffusion bonding the arranged first flat sheet and first formed plate and diffusion bonding the arranged second flat sheet and second formed plate (the plates 110 and 120; and plates 210 and 220 are diffusion bonded in step 200, paragraphs 0071-0073).
Regarding claims 21 and 22, please see the rejection of claim 4 above.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cho (US PGPub No. 2023/0003464) in view of Zhang (CN 115325862 A), Sato (US PGPub No. 2009/0007991), Stahl (US Patent No. 3,768,554), Fewell (US Patent No. 3,999,602) and Kurz (US PGPub No. 2004/0247927) as applied to claim 1 above, and further in view of Guo (CN 106931821 A).
Regarding claim 3, Cho as modified in claim 1 fails to disclose wherein the second layer further comprises a third formed plate, wherein the second sheet is sandwiched between the second formed plate and the third formed plate.
Guo discloses wherein the second layer (the two gas layer with rectangular shaped channels, Fig. 6) further comprises a third formed plate (a third formed plate with rectangular channels, compared to a first formed plate with semi-circular liquid channel and another formed plate with rectangular channels). This configuration is provided to increase cross-sectional area and further increase heat capacity and flow rate of the gas channels (paragraph 0037 of the translation).
Therefore, a duplicated flow path member 200 may be simply added on top of the original second flow path member 200 as taught by Guo. As a result, the second layer (the two second flow path member 200) comprises a third formed plate (a new second plate 210 of the duplicated flow path member 200 is provided above the original second flow path member 200). Therefore, the second sheet (the second bonding plate 220 of the original member 200) is sandwiched between the second formed plate (the second plate 210 of the original member 200) and the third formed plate (the new second plate 210 of the new member 200).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided wherein the second layer further comprises a third formed plate, wherein the second sheet is sandwiched between the second formed plate and the third formed plate in Cho as taught by Guo in order to increase heat capacity and flow rate of the supercritical water channels in modified Cho.
Claim(s) 14 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cho (US PGPub No. 2023/0003464) in view of Zhang (CN 115325862 A), Sato (US PGPub No. 2009/0007991), Stahl (US Patent No. 3,768,554), Fewell (US Patent No. 3,999,602) and Kurz (US PGPub No. 2004/0247927) as applied to claim 1 above, and further in view of Szakalos (US PGPub No. 2022/0344066).
Regarding claim 14, Cho as modified in claim 1 fails to disclose wherein the first material comprises aluminum.
Szakalos discloses wherein the first material (a material of the pump 42 that is in contact with liquid metal) comprises aluminum (alumina forming austenitic steels, paragraph 0043).
Therefore, the first material of the first flow path members 100 may be an alumina forming austenitic steel that comprises aluminum.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided wherein the first material comprises aluminum in Cho as taught by Szakalos in order to resist the corrosive liquid metal flowing in the first channels 111a.
Regarding claim 15, Cho in claim 14 further discloses wherein the first material is an alumina forming alloy (the alumina forming austenitic steel).
Response to Arguments
Applicant's arguments filed 12/21/2025 have been fully considered but they are not persuasive.
In response to applicant’s argument that Zhang lacks materials of differing composition for respective layers (paragraphs 1 on page 8 of remarks), Sato, Stahl and Fewell are relied upon the 316 stainless steel and the ferritic steel respectively provided as the material of the channels 111a and 111b in order to be compatible with the liquid lead-bismuth alloy in the channel 111a and supercritical water in the channel 111b.
In response to applicant’s argument that Sato, Stahl, Fewell and Kurz fail to disclose multi-layered heat exchanger (paragraphs 2-3 on page 8 of remarks), flow channels and flow different process fluids in layers, the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981). Sato, Stahl and Fewell are relied upon identification of problems that may exist when flowing the fluids taught by Zhang in Cho, and materials compatible with respective fluid flowing within and in contact with the material. One of ordinary skill in the art would have suggested to use the materials taught by Sato and Stahl to mitigate the problems as identified when flowing the respective fluid. It is further evident that the ferritic steel and 316 stainless steel materials as taught by Kurz can be diffusion bonded. As a result, one of ordinary skill in the art would have suggested that the 316 stainless steel and the ferritic steel may be successfully diffusion bonded in Cho’s diffusion bonded heat exchanger.
In response to applicant’s argument that Fewell and Sato merely conveys certain materials exist and may be corroded by certain fluids and they are deficient with regard to the features in cancelled claim 10 that is incorporated in claim 1 (second and third last paragraphs on page 8 of remarks), the limitation “wherein the second material is incompatible with the first process fluid” is broadly claimed and does not require specifics of when or how the incompatibility occurs. Therefore, the limitation is interpreted to include any undesired reaction between the two materials themselves. Based on the evidence disclosed in Ballinger, incompatibility (having a higher dissolution rate than an optimal number) occurs between the ferritic heat-resistant steel and the molten bismuth and lead under elevated temperature, lack or excessive oxygen potential in the Pb-Bi coolant, or lack of inhibitors.
In response to applicant's argument that the examiner's conclusion of obviousness and motivation is based upon improper hindsight reasoning (last paragraph on page 8 of remarks), it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971). It is noted that the multilayered structure of the heat exchanger for a reactor, fluids flowing in the heat exchanger and materials compatible with the respective fluid are all taught in respective teaching in Cho, Zhang, Sato, Stahl, Fewell and Kurz. Therefore, with the rationale presented above, such a reconstruction is proper because it does not include knowledge gleaned only from the applicant's disclosure. One of ordinary skill in the art would have suggested that flowing the liquid lead-bismuth alloy and supercritical water in respective channel 111a and 111b in the reactor heat exchanger of Cho having respective channel materials taught by Sato and Stahl compatible with the fluids in order to successfully perform an efficient power generation in Cho’s heat exchanger.
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.
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/JIANYING C ATKISSON/Supervisory Patent Examiner, Art Unit 3763
/F.K.L/Examiner, Art Unit 3763
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