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) 1-6 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vandermeulen (US Patent No. 9,308,490) in view of Vandermeulen ‘848 (US Patent No. 9,631,848), Banks (US Patent No. 5,383,518) and Wesner (DE 10 2013 207180 A1).
Regarding claim 1, Vandermeulen discloses a heating, ventilation, and air conditioning (HVAC) system comprising:
at least one air treatment sub-system (Fig. 5) comprising a three-way heat exchanger (a stack of membrane plates 303) for transferring heat between a heat transfer fluid, a liquid desiccant, and air (individual plate in Fig. 10 has heat transfer between a cooling fluid 608, a liquid desiccant 606/610 and air 601),
wherein the three-way heat exchanger defines mutually perpendicular lateral (a direction between front/rear covers 308 in Fig. 5), longitudinal (the air 401 direction in Fig. 5), and vertical (a direction between top/bottom covers 403 in Fig. 5) directions, the three-way heat exchanger comprising:
panel assemblies arranged in succession in the lateral direction (a stack of membrane plates in the direction between front/rear covers 308 in Fig. 5, see also Figs. 22-23), airflow gaps being defined between adjacent panel assemblies to allow the air to flow through the three-way heat exchanger (gaps between membrane plates in Fig. 5 to allow air flow 401), each panel assembly comprising a frame (a frame having turbulator 608 sandwich between support plates 609, Figs. 10 and 26) defining a heat transfer fluid channel (a channel flowing the cooling fluid in the turbulator 608), a heat transfer fluid inlet port (ports 613 in each membrane plate, see Figs. 10, 26 and 30 to receive cooling fluid from supply ports 306 in Fig. 5), a heat transfer fluid outlet port (ports 612 in each membrane plate, see Figs. 10, 26 and 30 to discharge cooling fluid to exit ports 307 in Fig. 5), and at least one vapor-permeable membrane disposed on a lateral face of the frame (membranes 603 disposed on outer lateral faces of the plates 609, Figs. 10 and 26), at least one desiccant channel being defined between the at least one membrane and the frame (a channel for the liquid desiccant 606), the at least one desiccant channel being separated from the heat transfer fluid channel (the liquid desiccant channel is separated from the cooling fluid channel by the support plates 609, see Fig. 10);
a heat transfer fluid inlet manifold defined by the heat transfer fluid inlet ports of each panel assembly (an inlet manifold defined by aligning and stacking ports 613 in each membrane plate) and a heat transfer fluid outlet manifold defined by the heat transfer fluid outlet ports of each panel assembly (an outlet manifold defined by aligning and stacking ports 612 in each membrane plate), the heat transfer fluid inlet and outlet manifolds being connected to the heat transfer fluid channel of each panel assembly (the ports 613 and 612 fluidly communicate each the cooling fluid channel in each membrane plate), the heat transfer fluid inlet and outlet manifolds (ports 613 and 612) each extending between first (front cover 308) and second lateral sides (rear cover 308) of the three-way heat exchanger (the ports 613 and 612 extend in the direction between front/rear covers 308), the heat transfer fluid inlet manifold being closed at the first lateral side and the heat transfer fluid outlet manifold being closed at the second lateral side (the ports 612 has an end closed at the rear cover 308); and
a heat transfer fluid inlet (306), and a heat transfer fluid outlet (307, Fig. 5) connected to the heat transfer fluid outlet manifold (receive the cooling fluid from the ports 612) at the first lateral side (at the front cover 308).
Vandermeulen fails to disclose a refrigerant sub-system; and
the HVAC system operable to circulate the heat transfer fluid between the three-way heat exchanger and the refrigerant sub-system;
the heat transfer fluid inlet manifold being closed at the first lateral side; and
a heat transfer fluid inlet connected to the heat transfer fluid inlet manifold at the second lateral side.
an insert disposed within the heat transfer fluid inlet manifold, wherein the insert reduces a cross-sectional area of the heat transfer fluid inlet manifold towards the first lateral side to direct a flow of the heat transfer fluid through the heat transfer fluid inlet manifold towards the first lateral side.
Vandermeulen ‘848 (Fig. 3A) discloses a refrigerant sub-system (315-318); and
the HVAC system operable to circulate the heat transfer fluid between the three-way heat exchanger and the refrigerant sub-system (at liquid to refrigerant heat exchanger 310a);
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 a refrigerant sub-system; and the HVAC system operable to circulate the heat transfer fluid between the three-way heat exchanger and the refrigerant sub-system in Vandermeulen as taught by Vandermeulen ‘848 in order to cool the air flow between the coolant and the air.
Banks, directed to a plate heat exchanger, discloses the heat transfer fluid inlet manifold being closed at the first lateral side (inlet manifold IM1 is closed at front plate 107); and
a heat transfer fluid inlet (inlet SP1 for fluid 101) connected to the heat transfer fluid inlet manifold at the second lateral side (is connected to the inlet manifold IM1 at back plate 107).
It is noted that the inlet SP1 and outlet OP1 for fluid 101; and closed ends of the inlet manifold IM1 and outlet manifold OM1 are located at opposite sides of the plate heat exchanger. Therefore, instead of having both the inlet 306 and outlet 307 and closed end of the inlet and outlet cooling fluid manifolds on the same front side 308 in Fig. 5 of Vandermeulen, the inlet 306 may be relocated to the back side; and the end of inlet cooling fluid manifold (defined by ports 613) may be relocated to the front side. Therefore, Vandermeulen in view of Banks discloses the heat transfer fluid inlet manifold (613) being closed at the first lateral side (the front side); and a heat transfer fluid inlet (306) connected to the heat transfer fluid inlet manifold at the second lateral side (the back side).
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 the heat transfer fluid inlet manifold being closed at the first lateral side; and a heat transfer fluid inlet connected to the heat transfer fluid inlet manifold at the second lateral side in Vandermeulen as taught by Banks, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Wesner discloses an insert (11, Fig. 6c) disposed within the heat transfer fluid inlet manifold (disposed within an inlet manifold channel 9 defined by inlet openings 2a of stacked plates 5), wherein the insert reduces a cross-sectional area of the heat transfer fluid inlet manifold towards the first lateral side to direct a flow of the heat transfer fluid through the heat transfer fluid inlet manifold towards the first lateral side (the inlet 11 gradually reduces a cross-sectional area of the channel 9 towards bottom side of Fig. 6c to direct a fluid flowing from a top inlet side to bottom side of Fig. 6c).
Therefore, the insert 11 may be provided in the inlet manifold defined by ports 613 that gradually reduces its cross-section from the inlet 306 on second lateral side (as modified by Banks) towards the first lateral side.
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 an insert disposed within the heat transfer fluid inlet manifold, wherein the insert reduces a cross-sectional area of the heat transfer fluid inlet manifold towards the first lateral side to direct a flow of the heat transfer fluid through the heat transfer fluid inlet manifold towards the first lateral side in Vandermeulen as taught by Wesner in order to optimize flow pattern and distribution in the manifold (paragraph 0009 of the translation of Wesner).
Regarding claim 2, Vandermeulen in claim 1 further discloses wherein the three-way heat exchanger has first (left side in Fig. 5 where air stream 401 enters, see also annotated figure below) and second longitudinal sides (right side in Fig. 5 where air stream 402 exits) and first (top side cover 403, Fig. 5) and second vertical sides (bottom side cover 403, Fig. 5), and wherein the heat transfer fluid inlet manifold extends laterally proximate to the second longitudinal side and the second vertical side (the ports 613 downstream the inlet 306 on right side of the membrane plate proximate the right side air exit and the bottom side cover 403) and the heat transfer fluid outlet manifold extends laterally proximate to the first longitudinal side and the first vertical side (the ports 612 upstream the outlet 307 on left side of the membrane plate proximate the left side air entrance and the top side cover 403).
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Regarding claim 3, Vandermeulen in claim 2 further discloses wherein the first longitudinal side (the left side) of the three-way heat exchanger defines an airflow inlet (at the air stream entrance 401) and the second longitudinal side (the right side) of the three-way heat exchanger defines an airflow outlet (at the air stream exit 402), and wherein the airflow gaps defined between adjacent panel assemblies are in communication with the airflow inlet and outlet to allow the air to flow through the three-way heat exchanger in the longitudinal direction (see arrows in Fig. 5 indicating an air flow through the membrane plates from the entrance to exit).
Regarding claim 4, Vandermeulen in claim 3 further discloses wherein the heat transfer fluid inlet (306) and the heat transfer fluid outlet (307) are located at the second longitudinal side of the three-way heat exchanger (the right side), the heat transfer fluid inlet being connected to the heat transfer fluid inlet manifold by a first longitudinally-extending conduit (a first hole or opening in the back plate 308 as modified by Banks between the inlet 306 and the ports 613 underneath the back plate 308, the hole itself has a diameter longitudinally extending) and the heat transfer fluid outlet being connected to the heat transfer fluid outlet manifold by a second longitudinally-extending conduit (a second hole or opening in the front plate 308 between the outlet 307 and the ports 612 underneath the front plate 308, the hole itself has a diameter longitudinally extending).
Regarding claim 5, Vandermeulen in claim 1 further discloses wherein the three-way heat exchanger further comprises:
a liquid desiccant inlet manifold (ports 611 in each membrane plate, see Figs. 10, 26 and 30 to receive liquid desiccant from supply ports 304 in Fig. 5) and a liquid desiccant outlet manifold (ports 614 in each membrane plate, see Figs. 10, 26 and 30 to discharge liquid desiccant from exit ports 305 in Fig. 5), the liquid desiccant inlet and outlet manifolds being connected to the at least one desiccant channel of each panel assembly (the ports 611 and 614 fluidly communicate each of the desiccant channel in each membrane plate), the liquid desiccant inlet and outlet manifolds each extending between the first and second lateral sides of the three-way heat exchanger (the ports 611 and 614 extend in the direction between front/rear covers 308), the liquid desiccant inlet manifold being closed at the second lateral side (the ports 611 has an end closed at the rear cover 308); and
a liquid desiccant inlet (304, Fig. 5) connected to the liquid desiccant inlet manifold (supplies the liquid desiccant to the ports 611) at the first lateral side (at the front cover 308).
Vandermeulen fails to disclose the liquid desiccant outlet manifold being closed at the first lateral side; and
a liquid desiccant outlet connected to the liquid desiccant outlet manifold at the second lateral side.
It is noted that Banks’ inlet SP1 and outlet OP1 for fluid 101; and closed ends of the inlet manifold IM1 and outlet manifold OM1 are located at opposite sides of the plate heat exchanger.
Therefore, similar to claim 1 above, the liquid desiccant outlet 305 may be relocated to the back side; and the end of liquid desiccant outlet manifold (defined by ports 614) may be relocated to the front side.
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 the liquid desiccant outlet manifold being closed at the first lateral side; and a liquid desiccant outlet connected to the liquid desiccant outlet manifold at the second lateral side in Vandermeulen as taught by Banks, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Regarding claim 6, Vandermeulen in claim 5 further discloses wherein the three-way heat exchanger has first and second longitudinal sides and first and second vertical sides (see annotated figure in claim 2 above), wherein the heat transfer fluid inlet manifold extends laterally proximate to the second longitudinal side and the second vertical side (the inlet manifold having ports 613 downstream the inlet 306 on right side of the membrane plate proximate the right side air exit and the bottom side cover 403), the heat transfer fluid outlet manifold extends laterally proximate to the first longitudinal side and the first vertical side (the outlet manifold having ports 612 upstream the outlet 307 on left side of the membrane plate proximate the left side air entrance and the top side cover 403), the liquid desiccant inlet manifold extends laterally proximate to the second longitudinal side and the first vertical side (the ports 611 downstream the inlet 304 on right side of the membrane plate proximate the right side air exit and the top side cover 403), and the liquid desiccant outlet manifold extends laterally proximate to the first longitudinal side and the second vertical side (the ports 614 upstream the outlet 305 on left side of the membrane plate proximate the left side air entrance and the bottom side cover 403).
Regarding claim 9, Vandermeulen in claim 1 further discloses, wherein, for each panel assembly, the heat transfer fluid inlet manifold is connected to the heat transfer fluid channel by at least one heat transfer fluid inlet aperture (openings at ports 613 that are not covered by the insert 11 as modified by Wesner), and wherein the heat transfer fluid inlet apertures of the panel assemblies have different dimensions (the openings have a larger opening closer to the heat transfer fluid inlet 306 at the second lateral side, and a smaller opening closer to the first lateral side away from the heat transfer fluid inlet 306) to direct a flow of the heat transfer fluid through the heat transfer fluid inlet manifold towards the first lateral side (the openings direct the flow into the cooling fluid channel and towards the first lateral side as modified by Banks).
Claim(s) 10-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vandermeulen ‘848 (US Patent No. 9,631,848) in view of Vandermeulen (US Patent No. 9,308,490), Banks (US Patent No. 5,383,518) and Wesner (DE 10 2013 207180 A1).
Regarding claim 10, Vandermeulen ‘848 discloses a heating, ventilation, and air conditioning (HVAC) system (Fig. 3A) comprising:
a refrigerant sub-system (315-318);
a conditioner sub-system (301) comprising a first three-way heat exchanger (conditioner 301) for transferring heat between a conditioner heat transfer fluid (heat transfer fluid 302), a liquid desiccant (concentrated desiccant stream 320 and a diluted desiccant stream 321), and a first air stream (319), the HVAC system operable to circulate the conditioner heat transfer fluid between the first three-way heat exchanger and the refrigerant sub-system (at liquid to refrigerant heat exchanger 310a); and
a regenerator sub-system (312) comprising a second three-way heat exchanger (regenerator 312) for transferring heat between a regenerator heat transfer fluid (313), the liquid desiccant (diluted desiccant stream 323 and concentrated desiccant stream 324), and a second air stream (322), the HVAC system operable to circulate the regenerator heat transfer fluid between the second three-way heat exchanger and the refrigerant sub-system (at liquid to refrigerant heat exchanger 310b).
Vandermeulen ‘848 further discloses the conditioner and regenerator are membrane modules similar to the membrane module depicted in Fig. 2A (col. 8, lines 62-65), and the Fig. 2A is a 3-way heat exchanger described in US patent application serial No. 13/915,199 (col. 8, lines 31-44) which is the Fig. 4 in Vandermeulen in patented application of 13/915,199 or US Patent No. 9,308,490.
Therefore, Vandermeulen ‘848 discloses wherein the first and second three-way heat exchangers (Fig. 2A) each define mutually perpendicular lateral (front-back direction), longitudinal (left-right direction), and vertical directions (top-bottom direction).
However, the Fig. 2A in Vandermeulen ‘848 or the Fig. 4 in Vandermeulen discloses that the air flow is parallel/counterflow to the flow of both cooling fluid and the liquid desiccant; and inlet 306 connected to the heat transfer fluid inlet manifold at the back cover 308 (second lateral side as claimed). Therefore, Fig. 2A in Vandermeulen ‘848 fails to disclose:
each three-way heat exchanger comprising:
panel assemblies arranged in succession in the lateral direction, airflow gaps being defined between adjacent panel assemblies to allow the respective air stream to flow through the three-way heat exchanger, each panel assembly comprising a frame defining a heat transfer fluid channel, a heat transfer fluid inlet port, a heat transfer fluid outlet port, and at least one vapor-permeable membrane disposed on a lateral face of the frame, at least one desiccant channel being defined between the at least one membrane and the frame, the at least one desiccant channel being separated from the heat transfer fluid channel;
a heat transfer fluid inlet manifold defined by the heat transfer fluid inlet ports of each panel assembly and a heat transfer fluid outlet manifold defined by the heat transfer fluid outlet ports of each panel assembly, the heat transfer fluid inlet and outlet manifolds being connected to the heat transfer fluid channel of each panel assembly, the heat transfer fluid inlet and outlet manifolds each extending between first and second lateral sides of the three-way heat exchanger, the heat transfer fluid inlet manifold being closed at the first lateral side and the heat transfer fluid outlet manifold being closed at the second lateral side, wherein, for each panel assembly, the heat transfer fluid inlet manifold is connected to the heat transfer fluid channel by at least one heat transfer fluid inlet aperture, and wherein the heat transfer fluid inlet apertures of the panel assemblies have different dimensions to direct a flow of the heat transfer fluid through the heat transfer fluid inlet manifold towards the first lateral side; and
a heat transfer fluid inlet connected to the heat transfer fluid inlet manifold at the second lateral side and a heat transfer fluid outlet connected to the heat transfer fluid outlet manifold at the first lateral side.
Please see the rejection relied upon Fig. 5 of Vandermeulen in claim 1 above for the detail mapping of the elements claimed. Also, according to the teaching of Banks, the ports 613 defining the manifold may be relocated to the front cover 308; and inlet 306 may be provided on back cover 308. Further, Wesner is relied upon to add an insert 11 in the heat transfer fluid inlet manifold formed by ports 613 of Vandermeulen. Vandermeulen in view of Banks and Wesner results a structure that requires the heat transfer fluid inlet apertures (openings at ports 613 that are not covered by the insert 11 as modified by Wesner) of the panel assemblies have different dimensions (the openings have gradually become smaller towards the first lateral side), see also the rejection of claim 9 above.
As a result, both the conditioner 301 and regenerator 312 may be replaced with the 3 way heat exchanger in Fig. 5 of Vandermeulen with the relocated inlet/ manifold ends taught by Banks and the insert 11 taught by Wesner that results the claimed heat transfer fluid inlet aperture in different dimensions as claimed.
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 each three-way heat exchanger comprising the elements as set forth in claim 10. It has been held that a "simple substitution of one known element for another to obtain predictable results” is obvious. In this instance the prior art provides for the element of 3-way heat exchanger. It is known in the art to substitute the 3 way heat exchanger in Fig. 2A of Vandermeulen ‘848 for the 3 way heat exchanger in Fig. 5 of Vandermeulen with modified location of the coolant fluid inlet. The result of the substitution would have been predictable that heat exchange occurs between the air, cooling fluid and liquid desiccant in both instances. MPEP 2143 B.
The 3 way heat exchanger in Fig. 5 of Vandermeulen may further be provided the heat transfer fluid inlet manifold being closed at the first lateral side; and a heat transfer fluid inlet connected to the heat transfer fluid inlet manifold at the second lateral side in Vandermeulen as taught by Banks, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70; and may further be provided an insert 11 in Vandermeulen as taught by Wesner so that meets the limitation “wherein, for each panel assembly, the heat transfer fluid inlet manifold is connected to the heat transfer fluid channel by at least one heat transfer fluid inlet aperture, and wherein the heat transfer fluid inlet apertures of the panel assemblies have different dimensions to direct a flow of the heat transfer fluid through the heat transfer fluid inlet manifold towards the first lateral side” in order to optimize flow pattern and distribution in the manifold (paragraph 0009 of the translation of Wesner).
Regarding claim 11, Vandermeulen ‘848 in claim 10 further discloses each 3 way heat exchanger comprises the specifics as rejected in claims 2-4 above.
Regarding claim 12, Vandermeulen ‘848 in claim 10 further discloses each 3 way heat exchanger comprises the specifics as rejected in claim 5 above.
Regarding claim 13, Vandermeulen ‘848 in claim 10, as modified by Banks and Wesner, discloses an insert (11, Fig. 6c of Wesner) disposed within the heat transfer fluid inlet manifold (disposed within an inlet manifold defined by stacked ports 613 in Vandermeulen), wherein the insert reduces a cross-sectional area of the heat transfer fluid inlet manifold towards the first lateral side to direct a flow of the heat transfer fluid through the heat transfer fluid inlet manifold towards the first lateral side (the inlet 11 gradually reduces a cross-sectional area of the inlet manifold from the inlet 306 on second lateral side towards the first lateral side).
Claim(s) 15-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vandermeulen (US Patent No. 9,308,490) in view of Banks (US Patent No. 5,383,518) and Wesner (DE 10 2013 207180 A1).
Regarding claim 15, Vandermeulen discloses a three-way heat exchanger (Fig. 5) for use in an air treatment sub-system of a heating, ventilation, and air conditioning system (abstract), the three-way heat exchanger operable to transfer heat between a heat transfer fluid, a liquid desiccant, and air (individual plate in Fig. 10 has heat transfer between a cooling fluid 608, a liquid desiccant 606/610 and air 60), the three-way heat exchanger defining mutually perpendicular lateral (front-back direction), longitudinal (left-right direction), and vertical directions (top-bottom direction), the three-way heat exchanger comprising:
(for the following limitations, please see the rejection in claim 1 above having the same limitations)
panel assemblies arranged in succession in the lateral direction, airflow gaps being defined between adjacent panel assemblies to allow the air to flow through the three-way heat exchanger, each panel assembly comprising a frame defining a heat transfer fluid channel, a heat transfer fluid inlet port, a heat transfer fluid outlet port, and at least one vapor-permeable membrane disposed on a lateral face of the frame, at least one desiccant channel being defined between the at least one membrane and the frame, the at least one desiccant channel being separated from the heat transfer fluid channel;
a heat transfer fluid inlet manifold defined by the heat transfer fluid inlet ports of each panel assembly and a heat transfer fluid outlet manifold defined by the heat transfer fluid outlet ports of each panel assembly, the heat transfer fluid inlet and outlet manifolds being connected to the heat transfer fluid channel of each panel assembly, the heat transfer fluid inlet and outlet manifolds each extending between first and second lateral sides of the three-way heat exchanger, and the heat transfer fluid outlet manifold being closed at the second lateral side; and
a heat transfer fluid inlet and a heat transfer fluid outlet connected to the heat transfer fluid outlet manifold at the first lateral side.
Vandermeulen fails to disclose the heat transfer fluid inlet manifold being closed at the first lateral side;
a heat transfer fluid inlet connected to the heat transfer fluid inlet manifold at the second lateral side; and
wherein, for each panel assembly, the heat transfer fluid inlet manifold is connected to the heat transfer fluid channel by at least one heat transfer fluid inlet aperture, and wherein the heat transfer fluid inlet apertures of the panel assemblies have different dimensions to direct a flow of the heat transfer fluid through the heat transfer fluid inlet manifold towards the first lateral side.
It is noted that Banks’ inlet SP1 and outlet OP1 for fluid 101; and closed ends of the inlet manifold IM1 and outlet manifold OM1 are located at opposite sides of the plate heat exchanger.
Therefore, similar to claim 1 above, the inlet 306 may be relocated to the back side; and the end of inlet cooling fluid manifold (defined by ports 613) may be relocated to the front side.
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 the heat transfer fluid inlet manifold being closed at the first lateral side; and a heat transfer fluid inlet connected to the heat transfer fluid inlet manifold at the second lateral side in Vandermeulen as taught by Banks, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Also, as noted in claim 1 above, the insert 11 of Wesney may be provided in the inlet manifold defined by ports 613 that gradually reduces its cross-section from the inlet 306 on second lateral side (as modified by Banks) towards the first lateral side. As a result, openings at ports 613 that are not covered by the insert 11 are gradually smaller from second (at 306) to first lateral side, meeting the limitation “wherein, for each panel assembly, the heat transfer fluid inlet manifold is connected to the heat transfer fluid channel by at least one heat transfer fluid inlet aperture, and wherein the heat transfer fluid inlet apertures of the panel assemblies have different dimensions to direct a flow of the heat transfer fluid through the heat transfer fluid inlet manifold towards the first lateral side”, see also the claim 9 above.
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, for each panel assembly, the heat transfer fluid inlet manifold is connected to the heat transfer fluid channel by at least one heat transfer fluid inlet aperture, and wherein the heat transfer fluid inlet apertures of the panel assemblies have different dimensions to direct a flow of the heat transfer fluid through the heat transfer fluid inlet manifold towards the first lateral side in Vandermeulen as taught by Wesner in order to optimize flow pattern and distribution in the manifold (paragraph 0009 of the translation of Wesner).
Regarding claim 16, Vandermeulen in claim 15 further discloses the 3 way heat exchanger comprises the specifics as rejected in claim 2 above.
Regarding claim 17, Vandermeulen in claim 16 further discloses the 3 way heat exchanger comprises the specifics as rejected in claim 5 above.
Regarding claim 18, Vandermeulen in claim 17 further discloses the 3 way heat exchanger comprises the specifics as rejected in claim 6 above.
Regarding claim 19, Vandermeulen in claim 15, as modified by Banks and Wesner, discloses an insert (11, Fig. 6c of Wesner) disposed within the heat transfer fluid inlet manifold (disposed within an inlet manifold defined by stacked ports 613 in Vandermeulen), wherein the insert reduces a cross-sectional area of the heat transfer fluid inlet manifold towards the first lateral side to direct a flow of the heat transfer fluid through the heat transfer fluid inlet manifold towards the first lateral side (the inlet 11 gradually reduces a cross-sectional area of the inlet manifold from the inlet 306 on second lateral side towards the first lateral side).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 10 and 15 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument (i.e., ports 613 and 612 in Vandermeulen as “a heat transfer fluid inlet port” and “a heat transfer fluid outlet port” respectively, stacked ports 613 and 612 as “heat transfer fluid inlet manifold” and “heat transfer fluid outlet manifold” respectively, and the insert 11 in the new teaching reference Wesner).
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