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 . Claims 1-20 of the amended claim set received 3/06/2024 are pending.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 1, 4, 5, 6, 10, 14, 15, 16, and 19 each use the term “adjacent” at least once. The Applicant has acted as lexicographer of the term adjacent in para. 0034 of the specification. The definition provided in the citation includes a relation with “nonstructural layers”. The specification does not provide meaning for the term and there is no ordinary and customary meaning to those of ordinary skill in the art such that the structural requirements of one component being adjacent to another within the claims cannot be determined, i.e. the claims fail to particularly point out and distinctly claim the invention.
Claims 2-9 and 11-20 are rejected by dependency on at least one of the claims discussed above.
The claims are examined as best understood.
Claim Rejections - 35 USC § 102
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 1-3 and 8-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kramer (US 2019/0249865).
Regarding Claim 1, Kramer discloses in the figure, a vapor generation apparatus, comprising:
a fluid channel 9 extending between a first end and a second end of the vapor generation apparatus (see defined ends in the annotation below);
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a plurality of first fluid passageways 3 extending between the first end and the second end;
a plurality of second fluid passageways (see annotation above) extending between the first end and the second end, wherein the plurality of first fluid passageways 3 are disposed between the fluid channel 6 and the plurality of second fluid passageways (as shown in annotation);
a fluid chamber 18 adjacent the second end (according to the Applicant’s definition as found in the specification para. 0034 as best understood, see §112(b) rejection above, the components are adjacent in that they are separated by one or more non-structural layers including air as shown in the figure) and configured to receive a first fluid (liquid/water as read in para. 0014), wherein the fluid chamber 18 is in fluid communication with the fluid channel 9 and the plurality of first fluid passageways 3 (via conduits 19, 10, and 11); and
a separator 8 adjacent the first end (the components are separated by one or more non-structural layers as shown in the figure) and in fluid communication with the fluid channel 9, the plurality of first fluid passageways 3, and the plurality of second fluid passageways (via 10, 11, 15, 16, 17, and 20);
wherein the fluid channel 9 is configured to receive the first fluid (liquid/water) from the separator 8 (read para. 0014); and
wherein the plurality of second fluid passageways (as defined above) are configured to receive a second fluid (steam) from the separator 8 (via 17, 18, and 20 as shown in the figure and described in para. 0014).
Regarding Claim 2, Kramer discloses the plurality of first fluid passageways 3 are configured to heat the first fluid (liquid/water as read in para. 0014); and the separator 8 is configured to separate the first fluid (liquid/water) and the second fluid (steam; as read in para. 0014).
Regarding Claim 3, Kramer discloses the plurality of first fluid passageways are configured to heat the first fluid (liquid/water) to generate a gas-vapor mixture (i.e. steam and water as read in para. 0014; consistent with the applicant’s mixture described in instant application para. 0090) including the first fluid (water) and the second fluid (steam); and the gas-vapor mixture is greater than or equal to 90% vapor by mass (intended use of the apparatus, one of ordinary skill would recognize that the ratio of water to steam is variable dependent on the temperature of the heating fluid that heats the passageways, the passageways are capable of supporting the claimed conversion amount of liquid water into steam).
Regarding Claim 8, Kramer discloses the fluid channel 9, the plurality of first fluid passageways 3, and the plurality of second fluid passageways (as defined in the annotation above) are arranged in a stacked relationship (see figure).
Regarding Claim 9, Kramer discloses an inlet nozzle (the outlet of line 17) fluidly coupled to the fluid chamber 18, the inlet nozzle configured to deliver the first fluid (water) to the fluid chamber (read para. 0014).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 10-13 are rejected under 35 U.S.C. 103 as being unpatentable over Cheng (US 4,297,841) in view of Kramer (US 2019/0249865).
Regarding Claim 10, Cheng discloses in Fig. 1C, a turbine engine, comprising: a turbomachine comprising a compressor section 12, a combustion section 14, and a turbine section 16 in serial flow order and together defining a working gas flow path and a steam system 46 operable with the turbomachine; and a heat exchanger 32 in fluid communication with the steam system 46. Cheng further discloses the heat exchanger 32 operates to heat a water supply 36 using heated flow through line 44.
Cheng does not disclose wherein the heat exchanger comprises: a fluid channel extending between a first end and a second end of the heat exchanger, a plurality of first fluid passageways extending between the first end and the second end, a plurality of second fluid passageways extending between the first end and the second end, wherein the plurality of first fluid passageways are between the fluid channel and the plurality of second fluid passageways, a fluid chamber adjacent the second end and configured to receive a first fluid, wherein the fluid chamber is in fluid communication with the fluid channel and the plurality of first fluid passageways, and a separator adjacent the first end and in fluid communication with the fluid channel, the plurality of first fluid passageways, and the plurality of second fluid passageways.
Kramer discloses in the figure, a heat exchanger which operates to heat a water supply using a heated flow 2. Kramer teaches the heat exchanger comprises:
a fluid channel 9 extending between a first end and a second end of the vapor generation apparatus (see defined ends in the annotation below);
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a plurality of first fluid passageways 3 extending between the first end and the second end;
a plurality of second fluid passageways (see annotation above) extending between the first end and the second end, wherein the plurality of first fluid passageways 3 are disposed between the fluid channel 6 and the plurality of second fluid passageways (as shown in annotation);
a fluid chamber 18 adjacent the second end (according to the Applicant’s definition as found in the specification para. 0034 as best understood, see §112(b) rejection above, the components are adjacent in that they are separated by one or more non-structural layers including air as shown in the figure) and configured to receive a first fluid (liquid/water as read in para. 0014), wherein the fluid chamber 18 is in fluid communication with the fluid channel 9 and the plurality of first fluid passageways 3 (via conduits 19, 10, and 11); and
a separator 8 adjacent the first end (the components are separated by one or more non-structural layers as shown in the figure) and in fluid communication with the fluid channel 9, the plurality of first fluid passageways 3, and the plurality of second fluid passageways (via 10, 11, 15, 16, 17, and 20).
It would have been obvious to one of ordinary skill in the art at the time of filing to have modified Cheng such that the heat exchanger is that taught by Kramer in order to reduce the risk of liquid/water in the produced steam (Kramer para. 0007).
Regarding Claim 11, Cheng in view of Kramer teaches the claimed invention as discussed above. Kramer teaches the heat exchanger of the combination including wherein: (see the figure and annotation above) the fluid channel 9 is configured to receive the first fluid (liquid/water) from the separator 8 (read para. 0014); and
wherein the plurality of second fluid passageways (as defined above) are configured to receive a second fluid (steam) from the separator 8 (via 17, 18, and 20 as shown in the figure and described in para. 0014).
Regarding Claim 12, Cheng in view of Kramer teaches the claimed invention as discussed above. Kramer teaches the heat exchanger of the combination including wherein: the plurality of first fluid passageways 3 are configured to heat the first fluid (liquid/water as read in para. 0014); and the separator 8 is configured to separate the first fluid (liquid/water) and the second fluid (steam; as read in para. 0014).
Regarding Claim 13, Cheng in view of Kramer teaches the claimed invention as discussed above. Kramer teaches the heat exchanger of the combination including wherein: the plurality of first fluid passageways are configured to heat the first fluid (liquid/water) to generate a gas-vapor mixture (i.e. steam and water as read in para. 0014; consistent with the applicant’s mixture described in instant application para. 0090) including the first fluid (water) and the second fluid (steam); and the gas-vapor mixture is greater than or equal to 90% vapor by mass (intended use of the apparatus, one of ordinary skill would recognize that the ratio of water to steam is variable dependent on the temperature of the heating fluid that heats the passageways, the passageways are capable of supporting the claimed conversion amount of liquid water into steam).
Allowable Subject Matter
Claims 4-7 and 14-20 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: the prior art of record does not disclose or form a reasonable combination teaching the following in combination with the base claim and any intervening claim limitations -
Regarding Claims 4 and 14, “the separator is adjacent the first end and the plurality of first fluid passageways; and the separator comprises: a plurality of separation passageways extending between a first separator end and a second separator end, the first separator end adjacent the first end and the second separator end adjacent the plurality of first fluid passageways, and a separation chamber adjacent the first separator end and in fluid communication with the plurality of separation passageways.”
Regarding Claim 18, “wherein the heat exchanger comprises an annular heat exchanger disposed circumferentially within the turbine engine.”
Regarding Claim 20, “wherein the heat exchanger comprises a plurality of heat exchangers disposed circumferentially within the turbine engine.”
Claims 5-7, 15-17 and 19 are indicated allowable at least by basis on one of the claims discussed above.
Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure can be found in the attached Notice of References Cited.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RENE D FORD whose telephone number is (571)272-8140. The examiner can normally be reached on M-F 9am-5pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Phutthiwat Wongwian can be reached on (571) 270-5426. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/R.D.F/Examiner, Art Unit 3741
/PHUTTHIWAT WONGWIAN/Supervisory Patent Examiner, Art Unit 3741
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