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 § 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 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, 6 and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shin et al. (Translation of KR20160147342A), hereinafter referred to as Shin.
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Shin Figure 12
Regarding Claim 1, Shin discloses a plate heat exchanger comprising:
a first heat-exchange compartment (shown in annotated figure 12) comprising a first circulation path in which a first heat-transfer fluid circulates (shown in annotated figure 12, being the path that begins at opening (231)), and a second circulation path in which a second heat-transfer fluid circulates (the fluid flow path between openings (233-234)), wherein
the first heat-exchange compartment comprises an outlet (see intended use analysis below) for the first heat-transfer fluid (shown in annotated figure 12),
a second heat-exchange compartment (shown in annotated figure 12) comprising a third circulation path in which the first heat-transfer fluid coming from the first heat- exchange compartment circulates (shown in annotated figure 12), and a fourth circulation path in which a third heat-transfer fluid circulates (shown in annotated figure 12), wherein
the second heat-exchange compartment comprises an inlet for the first heat-transfer fluid (shown in annotated figure 12), and
a third heat-exchange compartment (shown in annotated figure 12) comprising a fifth circulation path in which a fourth heat-transfer fluid circulates (shown in annotated figure 12), and a sixth circulation path in which the third heat-transfer fluid circulates (shown in annotated figure 12), wherein
the third heat-exchange compartment comprises an outlet for the third heat-transfer fluid (232, shown in annotated figure 12), wherein
the outlet for the first heat-transfer fluid from the first heat-exchange compartment is connected to the inlet for the first heat-transfer fluid into the second heat-exchange compartment (shown in figure 12, see also the connection channel (223) detailed at least in figure 9 that demonstrates the connections between compartments), wherein
the outlet (see intended use analysis below) for the third heat-transfer fluid from the third heat-exchange compartment is connected to the inlet (see intended use analysis below) for the third heat-transfer fluid into the second heat-exchange compartment (shown in figure 12, see also the connection channel (223) detailed at least in figure 9 that demonstrates the connections between compartments), wherein
the first heat-exchange compartment is stacked on top of the second heat-exchange compartment such that the outlet for the first heat-transfer fluid from the first heat-exchange compartment is arranged opposite, above (shown in annotated figure 12, see also annotated figure 10 in the Arguments section below, wherein Shin discloses the annotated first compartment being stacked or rather directly above the annotated second compartment, wherein the fluid transferring from the annotated first compartment to the annotated second compartment is shown in figure 12) and connected to the inlet for the first heat-transfer fluid into the second heat-exchange compartment (shown in figure 12, see also the connection channel (223) detailed at least in figure 9 that demonstrates the connections between compartments), and wherein
the third heat-exchange compartment is arranged side by side with the first heat-exchange compartment (shown in annotated figure 12) wherein
the first and third heat-exchange compartments (shown in annotated figure 12) are arranged side by side and stacked on the same face of the second heat-exchange compartment (shown in annotated figure 12, see also annotated figure 10 in the Arguments section below, wherein Shin discloses the annotated first and third compartments being stacked or rather directly above the annotated second compartment).
Regarding limitations “inlet” and “outlet” recited in Claim 1, which are directed to a direction in which the working fluid flows through a heat exchanger, it is noted that neither the manner of operating a disclosed device nor material or article worked upon further limit an apparatus claim. Said limitations do not differentiate apparatus claims from prior art. See MPEP § 2114 and 2115. Further, it has been held that process limitations do not have patentable weight in an apparatus claim. See Ex parte Thibault, 164 USPQ 666, 667 (Bd. App. 1969) that states “Expressions relating the apparatus to contents thereof and to an intended operation are of no significance in determining patentability of the apparatus claim.” Further, a claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim, as is the case here. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987). See MPEP 2114.
Regarding Claim 2, Shin further discloses the outlet for the third heat-transfer fluid from the third heat exchange compartment (232, shown in annotated figure 12) is opposite and connected to the inlet for the third heat-transfer fluid into the second heat-exchange compartment (shown in figure 12, see also the connection channel (223) detailed at least in figure 9 that demonstrates the connections between compartments).
Regarding limitations “inlet” and “outlet” recited in Claim 2, which are directed to a direction in which the working fluid flows through a heat exchanger, it is noted that neither the manner of operating a disclosed device nor material or article worked upon further limit an apparatus claim. Said limitations do not differentiate apparatus claims from prior art. See MPEP § 2114 and 2115. Further, it has been held that process limitations do not have patentable weight in an apparatus claim. See Ex parte Thibault, 164 USPQ 666, 667 (Bd. App. 1969) that states “Expressions relating the apparatus to contents thereof and to an intended operation are of no significance in determining patentability of the apparatus claim.” Further, a claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim, as is the case here. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987). See MPEP 2114.
Regarding Claim 6, Shin further discloses the first and third heat-exchange compartments are made from two separate stacks of plates (shown in figures 9 and annotated figure 12, wherein the stacked plates are separated).
Regarding Claim 10, Shin further discloses the first heat-exchange compartment is a water condenser (see intended use analysis below), wherein
the first circulation path is traversed by the first heat-transfer fluid (shown in annotated figure 12, being the path that begins at opening (231)), wherein the first heat-transfer fluid is a high-pressure refrigerant fluid circulating in a thermal management loop (see intended use analysis below), wherein
the second circulation path is traversed by the second heat-transfer fluid (the fluid flow path between openings (233-234)), wherein the second heat-transfer fluid is a heat-transfer fluid circulating in an auxiliary thermal management loop (see intended use analysis below), wherein
the third heat-exchange compartment (shown in annotated figure 12) is a cooler (see intended use analysis below), wherein the fifth circulation path is traversed by the fourth heat-transfer fluid (shown in annotated figure 12), wherein
the fourth heat-transfer fluid is a heat-transfer fluid circulating in an auxiliary thermal management loop (see intended use analysis below), wherein
the sixth circulation path is traversed by the third heat-transfer fluid (shown in annotated figure 12), wherein the third heat-transfer fluid is the low-pressure refrigerant fluid (see intended use analysis below) circulating in the thermal management loop (shown in annotated figure 12), and wherein
the second heat-exchange compartment (shown in annotated figure 12) is an internal heat exchanger configured to allow exchanges of heat energy between the high-pressure refrigerant fluid and the low-pressure refrigerant fluid (see intended use analysis below), wherein the third circulation path is traversed by the high-pressure refrigerant fluid (shown in annotated figure 12), wherein
the high-pressure refrigerant fluid has traversed the first heat-exchange compartment, corresponding to the first heat-transfer fluid (shown in annotated figure 12), wherein
the fourth circulation path (shown in annotated figure 12) is traversed by the low-pressure refrigerant fluid (see intended use analysis below), wherein the low-pressure refrigerant fluid has traversed the third heat- exchange compartment, corresponding to the third heat-transfer fluid (the annotated “6th circulation path” containing the third heat-transfer fluid is fluidly connected to the annotated “4th Circulation Path” that is capable of delivering or removing fluid, see intended use analysis below).
Regarding limitations “water condenser”, “auxiliary thermal management loop”, “cooler”, “high-pressure refrigerant fluid”, “internal heat exchanger” and “low-pressure refrigerant fluid” recited in Claim 10, which are directed to types of working fluids, fluid flow direction or intended use of the device, it is noted that neither the manner of operating a disclosed device nor material or article worked upon further limit an apparatus claim. Said limitations do not differentiate apparatus claims from prior art. See MPEP § 2114 and 2115. Further, it has been held that process limitations do not have patentable weight in an apparatus claim. See Ex parte Thibault, 164 USPQ 666, 667 (Bd. App. 1969) that states “Expressions relating the apparatus to contents thereof and to an intended operation are of no significance in determining patentability of the apparatus claim.” Further, a claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim, as is the case here. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987). See MPEP 2114.
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 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 of this title, 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 7 is rejected under 35 U.S.C. 103 as being unpatentable over Shin et al. (Translation of KR20160147342A) as applied in Claims 1-2, 6 and 10 above and in further view of Citti et al. (US PG Pub. 2015/0323231A1), hereinafter referred to as Citti.
Regarding Claim 7, although Shin further discloses the stack of plates comprises the first, second, fifth and sixth circulation paths (as shown in annotated figure 12), Shin fails to disclose the side-by-side parts of the first and third heat-exchange compartments are made from a single stack of plates, wherein the single stack of plates comprises the first, second, fifth and sixth circulation paths.
Citti, also drawn to a stacked plate heat exchanger, teaches a side-by-side parts of a first (13) and third (15) heat-exchange compartments are made from a single stack of plates (shown in figures 1-2, 4 and 7), wherein the single stack of plates comprises a first (shown in figure 4, entering the heat exchanger through inlet (25)), second (17’, shown in figure 7, being the circulation path in the first heat exchange portion (13)), fifth (17”, shown in figure 7, being the circulation path in the second heat exchange portion (15)), and sixth (shown in figure 4, leaving the heat exchanger through outlet (27)) circulation paths.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide Shin with the side-by-side parts of the first and third heat-exchange compartments being made from a single stack of plates, wherein the single stack of plates comprises the first, second, fifth and sixth circulation paths, as taught by Citti, the motivation being to minimize the height of the heat exchanger, thereby allotting the heat exchanger a greater amount of flexibility in the areas in which the heat exchanger is capable of being deployed.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Shin et al. (Translation of KR20160147342A) as applied in Claims 1-2, 6 and 10 above and in further view of Martin (US PG Pub. 2017/0097179A1), hereinafter referred to as Martin.
Regarding Claim 11, although Shin further discloses the first compartment comprises an inlet for the first heat-transfer fluid, an inlet for the second heat- transfer fluid, and an outlet for the second heat-transfer fluid (as shown in annotated figure 12), Shin fails to disclose the first compartment comprises a first end plate comprising the inlet for the first heat-transfer fluid, an inlet for the second heat- transfer fluid, and an outlet for the second heat-transfer fluid.
Martin, also drawn to a stacked plate heat exchanger for multiple fluids, teaches a first compartment (shown in figure 23, being the left side portion of the heat exchanger) comprises a first end plate (16) comprising the inlet (28) for a first heat-transfer fluid (“coolant”, see ¶51), an inlet for the second heat- transfer fluid (18), and an outlet (22) for the second heat-transfer fluid (shown in figure 17).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide the first compartment of Shin with a first end plate comprising the inlet for the first heat-transfer fluid, an inlet for the second heat- transfer fluid, and an outlet for the second heat-transfer fluid, as taught by Marin, the motivation being that end plates allow for the installation of fluid connectors, mounting surfaces and increase the rigidity of the heat exchanger.
Response to Arguments
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Shin Figure 10
Applicant's arguments filed 1/21/2026 have been fully considered but they are not persuasive.
On Page 9 of the Arguments the Applicant states, “As shown in the annotated FIG. 12 of Shin provided in the Office Action, the 1st heat exchange compartment is stacked on the 3rd heat exchange compartment, and the 2nd heat exchange compartment is adjacent to the 1st heat exchange compartment. Thus, Shin does not teach wherein the first heat-exchange compartment is stacked on top of the second heat-exchange compartment such that the outlet for the first heat-transfer fluid from the first heat-exchange compartment is arranged opposite, above, and connected to the inlet for the first heat-transfer fluid into the second heat-exchange compartment’ or ‘wherein the first and third heat-exchange compartments are stacked on a same face of the second heat-exchange compartment.’" The Examiner respectfully disagrees. As shown in annotated figure 10 above, the compartments are stacked or rather the annotated first compartment is situated above and adjacent the second compartment. Further, the first and third compartments are situated on the same side of the annotated second compartment as the first and third compartments are found within the same heat exchanger core. Therefore, the first and third compartments are situated directly adjacent and above the annotated second compartment on the same face or rather the same side of the annotated second compartment.
Allowable Subject Matter
Claims 12-15 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
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAUL ALVARE whose telephone number is (571)272-8611. The examiner can normally be reached Monday-Friday 0930-1800.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Len Tran can be reached at (571) 272-1184. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PAUL ALVARE/Primary Examiner, Art Unit 3763