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) 1-4, 7-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rojey (US3919853) in view of Truong (EP1367350A1), provided in the IDS dated 7/3/2025.
Regarding claim 1, Rojey teaches (see Fig. 1) a heat exchanger for indirectly transferring heat between a process medium (natural gas – abstract) and at least one first refrigerant (mixture of gaseous constituents of different boiling points – abstract), comprising: - a shell (vaporization column) which surrounds a shell space and extends along a longitudinal axis; and a pipe bundle (E1-E11) which is disposed in the shell space and extends along the longitudinal axis of the shell from a lower end to an upper end of the pipe bundle in the shell space-- wherein the pipe bundle has a plurality of first pipes (see at least two of: pipe extending from E2 to 20, pipe extending from 8, E4, to 19, pipe extending from 10, E5, to 18, pipe extending from 12, E8, to 17) for receiving the first refrigerant, and wherein the first pipes each have an end which is formed by at least one nozzle (20, 19,18,17) via which the first refrigerant can be introduced into the shell space, wherein the ends are disposed along the longitudinal axis of the shell at different heights between the lower end and the upper end of the pipe bundle (see respective heights).
Rojey does not teach the first pipes are disposed in different pipe layers of the pipe bundle, wherein the first pipes are wound helically onto a core pipe of the heat exchanger, which core pipe extends along the longitudinal axis (z) of the shell the shell space.
Truong teaches the first pipes are disposed in different pipe layers (¶[0037]), wherein the first pipes are wound helically onto a core pipe (helically wound about an axial central core - ¶[0002]) of the heat exchanger, which core pipe extends along the longitudinal axis (z) of the shell the shell space.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Rojey to include the core pipe and helically wound pipe layer configuration of Truong, in order to provide structural strength and optimize operating performance (¶[0030] & [0038]).
Regarding claim 2, Rojey teaches the limitations of claim 1, and Rojey further teaches the shell space has a lower portion and an upper portion relative to the longitudinal axis (see vertical axis of column and upper, lower portions thereof).
Regarding claim 3, Rojey teaches the limitations of claim 2, and Rojey further teaches the heat exchanger has a first line (6 to E2) which is guided into the lower portion of the shell space and is connected to the first pipes via a valve (via V5, V4, V3, V2) in each case, so that a volume flow of the first refrigerant introduced into the respective first pipe via the first line can be set by means of the respective valve.
Regarding claim 4, Rojey teaches the limitations of claim 3, and Rojey further teaches the pipe bundle has at least one second pipe (E11) which is connected to the first line, so that the first refrigerant can be introduced into the at least one second pipe of the pipe bundle via the first line, and wherein the at least one second pipe is fluidically connected to a second line (see portion guided out of column to valve V1) guided out of the upper portion of the shell space, so that the first refrigerant can be withdrawn from the heat exchanger via the second line.
Regarding claim 7, Rojey teaches the limitations of claim 4, and Rojey further teaches
the pipe bundle has further first pipes which each have an end which is formed by at least one nozzle via which the first refrigerant can be introduced into the shell space, wherein the ends of the further first pipes along the longitudinal axis of the shell are disposed at different heights between the lower end and the upper end of the pipe bundle, and wherein the further first pipes are each connected to the second line via a valve in each case, so that a volume flow of the first refrigerant introduced into the respective further first pipe via the second line can be set by means of the respective valve (see additional one of first pipes as defined above and respective valve).
Regarding claim 8, Rojey teaches the limitations of claim 4, and Rojey further teaches the second line is returned into the upper portion of the shell space via a valve, so that the first refrigerant can be injected into the upper portion of the shell space (see additional one of first pipes as defined above and respective valve).
Regarding claim 9, Rojey teaches the limitations of claim 2, and Rojey further teaches
the pipe bundle has at least one third pipe (E7) for receiving a second refrigerant, wherein the second refrigerant can be guided from the lower portion of the shell space into the upper portion of the shell space via the at least one third pipe.
Regarding claim 10, Rojey teaches the limitations of claim 3, and Rojey further teaches
wherein the pipe bundle has at least one third pipe (E7) for receiving a second refrigerant, wherein the second refrigerant can be guided from the lower portion of the shell space into the upper portion of the shell space via the at least one third pipe, and wherein the at least one third pipe is fluidically connected to a further line (15) which is guided out of the upper portion of the shell space, so that the second refrigerant can be withdrawn from the heat exchanger via the further line, and wherein the further line is returned into the upper portion of the shell space via a valve (V1), so that the second refrigerant can be injected into the upper portion of the shell space.
Regarding claim 11, Rojey teaches the limitations of claim 2, and Rojey further teaches the pipe bundle has at least one fourth pipe (one of 41, E1, E3) for receiving the process medium to be cooled wherein the process medium can be guided from the lower portion of the shell space into the upper portion of the shell space via the at least one fourth pipe.
Regarding claim 12, Rojey further teaches a method for indirectly transferring heat between a process medium and at least one first refrigerant using a heat exchanger according to claim 1, wherein the first refrigerant is injected into the shell space via the nozzles of the first pipes (see abstract).
Regarding claim 13, Rojey teaches the limitations of claim 12, and Rojey further teaches a distribution of the first refrigerant in the shell space is influenced by adjusting the valves (V5, V4, V3, V2) associated with the first pipes both in the vertical direction and in the radial direction of the pipe bundle.
Regarding claim 14, Rojey teaches the limitations of claim 12, and Rojey further teaches the pipe bundle has further first pipes which each have an end which is formed by at least one nozzle via which the first refrigerant can be introduced into the shell space, wherein the ends of the further first pipes along the longitudinal axis of the shell are disposed at different heights between the lower end and the upper end of the pipe bundle, and wherein the further first pipes are each connected to the second line via a valve in each case, and wherein a distribution of the first refrigerant in the shell space is influenced by adjusting the valves associated with the further first pipes both in the vertical direction and in the radial direction of the pipe bundle (see first pipes as defined above, with respective nozzles and valves).
Regarding claim 15, Rojey teaches the limitations of claim 14, and Rojey further teaches the second line is returned into the upper portion of the shell space via a second valve, and wherein an injection of the first refrigerant via the second line into the upper portion of the shell space is influenced by adjusting the second valve (see first pipes as defined above, with respective nozzles and valves).
Regarding claim 16, Rojey teaches the limitations of claim 12, and Rojey further teaches the process medium is natural gas (natural gas – abstract).
Response to Arguments
Applicant's arguments filed 1/19/2026 have been fully considered but they are not persuasive.
Applicant contends the exchangers of Rojey are not the same tube bundle, but rather pipes that are fed by different fluids associated by different heat exchangers. Applicant cites the claimed “the first refrigerant ca be introduced to the shell space” as a distinction with Rojey.
Examiner contends the pipe bundle as claimed does not preclude additional junctions as taught by Rojey. Regardless, the pipe bundle sections E may be connected in series as clearly shown, and thus meets the limitations at issue. It is additionally noted the “different fluids” are in fact the same refrigerant admixed together at different temperatures.
In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). In this case, Rojey is not relied upon for the first pipes are in different pipe layers, but rather Truong.
Applicant argues that Truong teaches two tube bundles, and the combination would not result in the first pipes in different layers as claimed, but rather in different heights.
Examiner contends that Applicant appears to conflate “zones” with bundles, and Truong explicitly teaches “a single coil wound tubing bundle.” Further, as noted in ¶[00037], the refrigerant pipes may be wound in any of the layers, and thus the combination, while indeed could be in different heights, in no way precludes the tube layers from being in different layers as taught by Truong.
For at least the reasons stated above, Applicant’s arguments are found unpersuasive and the rejection is maintained.
Conclusion
THIS ACTION IS MADE FINAL. 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIC S RUPPERT whose telephone number is (571)272-9911. The examiner can normally be reached Monday - Friday 8 am - 4 pm.
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/ERIC S RUPPERT/Primary Examiner, Art Unit 3763