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 .
Election/Restrictions
Claims 4-5 and 15-16 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species and subspecies, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 12/8/2025.
Applicant's election with traverse of species A and subspecies 1 in the reply filed on 12/8/2025 is acknowledged. The traversal is on the ground(s) that there is no serious search burden on the examiner to examine all of the alleged species. This is not found persuasive because each of the patentable distinct species of fin requires different text search queries or different search strategies. For example, the search for a uniform width fin and perforation in each fin in species 3C is not required for the search of other species..
The requirement is still deemed proper and is therefore made FINAL.
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.
Claims 1,2,3,10-14, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Leemans et al. (US 20170219291A1). Regarding claim 1, Leemans et al. discloses (figure 3 and paragraph 21) a heat exchanger comprising a plurality of heat exchanger plates (150, 156) stacked along a stacking axis defining a plurality of first pathways (formed by 150,156, 158,160) through which a first fluid is directed; and a plurality of fins (V-fin assembly 110 or 200) disposed between adjacent first pathways of the plurality of first pathways, the plurality of fins at least partially defining a plurality of second pathways (air path, paragraph 21) through which a second fluid is directed; wherein the heat exchanger plates (150, 156) are formed from a sheet material (thin); and wherein the plurality of fins (110 or 200) are formed from one or more additive manufacturing processes. (paragraph 22, 3-D printing).
Regarding claim 2, Leemans et al. discloses (figure 4A) a plurality of plate openings (170) in the plurality of heat exchanger plates (150,156); wherein a fin (200) of the plurality of fins is formed extending into each of the plurality of fins to the heat exchanger plate.
Regarding claims 3 and 14, Leemans et al discloses (figure 4A) that a fin thickness of the plurality of fins varies along a fin height direction. (the fin has a greater thickness at its end due to the fillet portion 202 and smallest at its center).
Regarding claim 10, Leemans discloses that the plurality of heat exchanger plates (150,156) define a plurality of heat exchanger layers along the stacking axis; and wherein a first heat exchanger layer (air layer) of the plurality of heat exchanger layers includes the plurality of fins (110 or 200) formed from one or more additive manufacturing processes (paragraph 21); and wherein a second heat exchanger layer (liquid layer) of the plurality of heat exchanger layers includes a plurality of fins (152) formed not from one or more additive manufacturing processes. Regarding claim 11, Leemans further discloses (figure 3) that the heat exchanger is one of cross-flow heat exchanger. Regarding claim 12, Leemans et al discloses (figure 3 , 4A and paragraph 21) a method of forming a heat exchanger, comprising stacking a plurality of heat exchanger plates (150, 156) along a stacking axis thereby defining a plurality of first fluid pathways through which a first fluid (liquid) is directed; positioning a plurality of fins (V-fin 110 or 200) between adjacent first fluid pathways to at least partially define a plurality of second fluid pathways (air way) through which a second fluid (air) is directed; wherein the heat exchanger plates (150,156) are formed from a sheet material; and wherein the plurality of fins are formed from one or more additive manufacturing processes. (paragraph 22)
Regarding claim 13, Leemans discloses (figure 4A) a plurality of plate openings (170) in the plurality of heat exchanger plates (150,156); and forming a fin (200) of the plurality of fins to extend into each of the plurality of plate openings to secure the plurality of fins to the heat exchanger plate.
.
Regarding claim 20, Leemans et al. discloses that the one or more additive manufacturing processes includes 3D printing. (paragraph 22)
Claims 1, 3, 6,7,8, 11,12, 14,17 and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Alvarez et al. (US 2015/0361922A1) Regarding claim 1, Alvarez et al. discloses (figures 1 and 5) a heat exchanger comprising a plurality of heat exchanger plates (106) stacked along a stacking axis defining a plurality of first pathways (104, above and below 102, figure 1) through which a first fluid is directed; and a plurality of fins (116) disposed between adjacent first pathways of the plurality of first pathways, the plurality of fins (116) at least partially defining a plurality of second pathways (102) through which a second fluid is directed; wherein the heat exchanger plates (106) are formed from a sheet material (thin); and wherein the plurality of fins (116) are formed from one or more additive manufacturing processes. (paragraph 25)
Regarding claims 3 and 14, Alvarez et al discloses (figure 3) that a fin thickness of the plurality of fins varies along a fin height direction. (the fin has a greater thickness at its end due to the fillet portion 118)
Regarding claims 6 and 17, Alvarez et al. discloses that the plurality of fins are arranged in a plurality of rows, each row extending across a flow direction of the second fluid through the plurality of second pathways.
Regarding claims 7 and 18, Alvarez et al. further discloses (figure 5) one or more of a fin spacing (D1, D2) and a fin thickness (T1, T2) is varied between a first row of the plurality of rows and a second row of the plurality of row.
Regarding claim 8, Alvarez et al. further discloses a turbulator disposed between adjacent fins of the plurality of fins. Regarding the limitation of “a turbulator”, the Office interprets the term “turbulator” as a device or structure to cause turbulence of fluid. Alverez et al discloses (figure 5) that any fin (116) which is disposed in the way of the flow path and to cause turbulence of the fluid flow when the flow fluid hits the fin . Therefore, any fin (116) is considered to read on “a turbulator”. In particular in figure 5, the Office interprets any fin (116) that is located between the most upstream fins (116) and the most downstream fins (116) to read as a turbulator disposed between adjacent fins of the plurality of fins.
Regarding claim 11, Alvarez et al. further discloses (figure 1) that the heat exchanger is one of cross-flow heat exchanger. Regarding claim 12, Alvarez et al discloses (figures 1 and 5) a method of forming a heat exchanger, comprising stacking a plurality of heat exchanger plates (106) along a stacking axis thereby defining a plurality of first fluid pathways (104) through which a first fluid is directed; positioning a plurality of fins (116) between adjacent first fluid pathways (104) to at least partially define a plurality of second fluid pathways (pathways in 102) through which a second fluid is directed; wherein the heat exchanger plates (106) are formed from a sheet material; and wherein the plurality of fins (116) are formed from one or more additive manufacturing processes. (paragraph 25)
Claims 1,6,9,11,12,17 and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Toubiana Ephraim (FR 3058510A1), hereinafter Toubiana. Regarding claim 1, Toubiana. discloses (figure 1) a heat exchanger comprising a plurality of heat exchanger plates (6) stacked along a stacking axis defining a plurality of first pathways (4) through which a first fluid is directed; and a plurality of fins (9) disposed between adjacent first pathways of the plurality of first pathways, the plurality of fins at least partially defining a plurality of second pathways (7) through which a second fluid is directed; wherein the heat exchanger plates (6) are formed from a sheet material (thin material); and wherein the plurality of fins (9) are formed from one or more additive manufacturing processes. (using SLM additive manufacturing process, figures 5-6)
Regarding claims 6 and 17, Toubiana discloses (figure 1) that the plurality of fins (9) are arranged in a plurality of rows, each row extending across a flow direction of the second fluid through the plurality of second pathways.
Regarding claims 9 and 19, Toubiana further discloses that the sheet material is metal. (steel or metallic alloy)
Regarding claim 11, Toubiana further discloses (figure 3) that the heat exchanger is one of cross-flow heat exchanger, a counterflow heat exchanger or a parallel flow heat exchanger. Regarding claim 12, Toubiana et al discloses (figure 1) a method of forming a heat exchanger, comprising stacking a plurality of heat exchanger plates (6) along a stacking axis thereby defining a plurality of first fluid pathways (4) through which a first fluid is directed; positioning a plurality of fins (9) between adjacent first fluid pathways to at least partially define a plurality of second fluid pathways (7) through which a second fluid is directed; wherein the heat exchanger plates (6) are formed from a sheet material; and wherein the plurality of fins are formed from one or more additive manufacturing processes. (suing SLM additive manufacturing process, figures 5-6).
.Claim Rejections - 35 USC § 103
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 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.
Claims 9 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Leemans et al. (US 20170219291A1) in view of Friestad et al. (US 20200141655A1). Leemans et al. substantially discloses all of applicant’s claimed invention as discussed above except for the limitation that sheet is metal. Friestad et al discloses (figure 1 and paragraph 42) a heat exchanger comprises a plurality of plates (20a,b,c), wherein the plates are made of stainless steel for a purpose of improving the corrosive resistant of the heat exchanger. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to use Friestad’s teaching in Leemans’ device for a purpose of improving the corrosive resistant of the heat exchanger.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Toubiana Ephraim (FR 3058510A1) in view of Azar Kaveh. (US 6,263,955B1, hereinafter Azar. . Toubiana substantially discloses all of applicant’s claimed invention as discussed above except for the limitation that a turbulator disposed between adjacent fins of the plurality of fins. Azar discloses (figure 16A) a heat exchanger that has a turbulator (162) disposed between adjacent fins (161) for a purpose of disrupting the boundary layer of the fluid flow passing between the fins. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to use Azar’s teaching in Toubiana’s device for a purpose of disrupting the boundary layer of the fluid flow passing between the fins.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Chakraborty et al. (US 20200080796A1) discloses a thermal management device.
DE 202017103830U1 discloses a heat exchanger.
Zaffetti et al. (US 20170356696A1) discloses a complex pin fin.
Urbanski (US 20170023311A1) discloses an enhanced heat transfer in plate fin heat exchanger.
Whiton et al. (EP 3054254A1) discloses a heat exchanger.
Mccormic John et al. (EP-4498030A1) discloses a heat exchanger.
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/THO V DUONG/Primary Examiner, Art Unit 3763