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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 5/15/2026 has been entered.
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) 1-2, 11-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wainwright (US1743989A) in view of Martin (US20090223648A1) and Walz (US20220403779A1).
Regarding claim 1, Wainwright teaches a system (Fig. 1) comprising: a component; and a heat exchanger for exchanging heat with a fluid flowing through the component (Col. 1, lines 0-10), the heat exchanger having: a housing (10) defining a first inlet (12), a first outlet (29), a second inlet (30), and a second outlet (31); first conduits (14) within the housing, the first conduits fluidly connecting the first inlet to the first outlet; one or more second conduit (14’) within the housing, the one or more second conduits fluidly connecting the second inlet to the second outlet, the one or more second conduit in heat exchange relationship with the first conduits; a mixing chamber (18) intersecting two or more of the first conduits and separating the first conduits into upstream sections and downstream sections relative to a flow from the first inlet to the first outlet, the mixing chamber having a peripheral wall (see peripheral wall thereof) extending around a mixing volume and a central axis; and louvers (20) mounted to the peripheral wall and extending transversally to the central axis.
Wainwright does not teach the louvers movable between a collapsed configuration and a deployed configuration, the louvers extending across the mixing volume in the deployed configuration; the louvers being parallel to the peripheral wall in the collapsed configuration.
Martin teaches (see Fig. 9) the louvers (movables members 122) movable between a collapsed configuration and a deployed configuration, the louvers extending across the mixing volume in the deployed configuration (retracted/extended position - ¶[0103]); the louvers having heights extending from bases at the peripheral wall to tips, the louvers being parallel to the peripheral wall in the collapsed configuration.
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 Wainwright to include wherein the louvers are moveable, as taught by Martin, in order to adjust the amount of mixing provided by the louvers (¶[0044-0049]).
Wainwright does not teach the system is for an aircraft engine, including an aircraft component; and the heat exchanger for exchanging heat with a fluid flowing through the aircraft component.
Walz teaches (see Fig. 1) the system is for an aircraft engine, including an aircraft component (engine - abstract); and the heat exchanger (41/42) for exchanging heat with a fluid flowing through the aircraft component.
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 Wainwright to provide cooling/heating to an aircraft component, as taught by Walz, in order to provide useful cooling to aircraft oil and preheat the fuel, thereby improving efficiency (¶[0035]).
Regarding claim 11, Wainwright teaches a heat exchanger having: first conduits in fluid communication with the fluid circuit and having first conduit inlets and first conduit outlets, the first conduits being in heat exchange relationship with the second fluid; a mixing chamber intersecting the first conduits between the first conduit inlets and the first conduit outlets, the first conduits defining flow paths merging together into a mixing volume of the mixing chamber and separating from each other out of the mixing volume; and louvers mounted to a peripheral wall of the mixing chamber.
Wainwright does not teach the louvers movable between a collapsed configuration and a deployed configuration, the louvers extending across the mixing volume in the deployed configuration, the louvers having heights extending from bases at the peripheral wall to tips, the louvers being parallel to the peripheral wall in the collapsed configuration.
Martin teaches (see Fig. 9) the louvers (movables members 122) movable between a collapsed configuration and a deployed configuration, the louvers extending across the mixing volume in the deployed configuration (retracted/extended position - ¶[0103]); the louvers having heights extending from bases at the peripheral wall to tips, the louvers being parallel to the peripheral wall in the collapsed configuration.
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 Wainwright to include wherein the louvers are moveable, as taught by Martin, in order to adjust the amount of mixing provided by the louvers (¶[0044-0049]).
Wainwright does not teach an aircraft engine, comprising: a fluid circuit extending from a fluid reservoir of a first fluid to a component of the aircraft engine and back to the fluid reservoir; a source of a second fluid, and the heat exchanger.
Walz teaches (see Fig. 1) an aircraft engine (10 & abstract), comprising: a fluid circuit (32) extending from a fluid reservoir of a first fluid to a component of the aircraft engine and back to the fluid reservoir (30); a source of a second fluid (31), and the heat exchanger (41/42).
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 Wainwright to provide cooling/heating to an aircraft component, as taught by Walz, in order to provide useful cooling to aircraft oil and preheat the fuel, thereby improving efficiency (¶[0035]).
Regarding claim 2/12, Wainwright teaches the limitations of claim 1/11, and Martin further teaches an actuator (128; Fig. 7) engaged to the louvers, the actuator operable to move the louvers between the collapsed configuration and the deployed configuration (¶[0069-0070]).
Claim(s) 3/13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wainwright (US1743989A) in view of Martin (US20090223648A1), Walz (US20220403779A1), and Miao (US20120255278A1).
Regarding claim 3/13, Wainwright teaches the limitations of claim 1/11, and Wainwright does not teach the louvers are made of a smart-memory alloy, the louvers configured to move between the deployed configuration and the collapsed configuration in response to a temperature variation of a fluid flowing through the mixing volume.
Miao teaches the louvers are made of a smart-memory alloy, the louvers configured to move between the deployed configuration and the collapsed configuration in response to a temperature variation of a fluid flowing through the mixing volume (see Fig. 1 & ¶[0037-0038]).
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 Wainwright to include the SMA of Miao, in order to provide moveable louvers with improved corrosion resistance (¶[0037]).
Claim(s) 4-5, 14-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wainwright (US1743989A) in view of Martin (US20090223648A1), Walz (US20220403779A1), and Costes (US3297542A).
Regarding claims 4-5, Wainwright teaches the limitations of claim 1, and Wainwright does not teach the peripheral wall defines a convergent section in which a flow circulating area of the mixing volume decreases in a direction extending from the first inlet to the first outlet, the flow circulating area decreases to a reduced flow circulating area in the convergent section, the peripheral wall defining a central section in which the flow circulating area corresponds to the reduced flow circulating area, and a diverging section in which the flow circulating area increases.
Costes teaches (see Fig. 3) the peripheral wall (see peripheral wall of 26 & 28) defines a convergent section in which a flow circulating area of the mixing volume decreases in a direction extending from the first inlet to the first outlet, the flow circulating area decreases to a reduced flow circulating area in the convergent section, the peripheral wall defining a central section in which the flow circulating area corresponds to the reduced flow circulating area, and a diverging section in which the flow circulating area increases.
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 Wainwright to include the converging/diverging wall volume of Costes, to provide a simple substitution of one known element for another to obtain predictable results (see MPEP 2143).
Regarding claims 14-16, Wainwright teaches the limitations of claim 11, and Wainwright does not teach the mixing chamber having a convergent section in which a flow circulating area decreases in a direction of the flow, wherein the mixing chamber has an upstream wall and a downstream wall interconnected to the upstream wall via a peripheral wall, a mixing volume defined by the upstream wall, the downstream wall, and the peripheral wall, the peripheral wall defining the converging section in which the flow circulating area decreases to a reduced flow area, a central section in which the flow area corresponds to the reduced flow area, and a diverging section in which the flow area increases, the flow area corresponds to the reduced flow area at a single location, the flow area greater than the reduced flow area both immediately upstream and downstream of the single location.
Costes teaches (see Fig. 3) the mixing chamber (26 & 28) having a convergent section in which a flow circulating area decreases in a direction of the flow, wherein the mixing chamber has an upstream wall and a downstream wall interconnected to the upstream wall via a peripheral wall, a mixing volume defined by the upstream wall, the downstream wall, and the peripheral wall, the peripheral wall defining the converging section in which the flow circulating area decreases to a reduced flow area, a central section in which the flow area corresponds to the reduced flow area, and a diverging section in which the flow area increases, the flow area corresponds to the reduced flow area at a single location, the flow area greater than the reduced flow area both immediately upstream and downstream of the single location.
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 Wainwright to include the converging/diverging wall volume of Costes, to provide a simple substitution of one known element for another to obtain predictable results (see MPEP 2143).
Claim(s) 7-9/18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wainwright (US1743989A) in view of Martin (US20090223648A1), Walz (US20220403779A1), and Nomura (US5832994A).
Regarding claim 7-9/18, Wainwright teaches the limitations of claim 1, and Wainwright does not teach the mixing chamber includes an upstream wall secured to the peripheral wall, the upstream sections of the first conduits secured to the upstream wall, the upstream wall defining apertures each fluidly connected to a respective one of the upstream sections of the first conduits, the apertures extending from apertures inlets at an upstream face of the upstream wall to aperture outlets at a downstream face of the upstream wall, the aperture inlets circumferentially offset from the aperture outlets to induce a swirl into a fluid flowing through the apertures, wherein a shape of the apertures is round/rectangular.
Nomura teaches (see Fig. 1) the mixing chamber (18) includes an upstream wall secured to the peripheral wall, the upstream sections of the first conduits secured to the upstream wall, the upstream wall defining apertures each fluidly connected to a respective one of the upstream sections of the first conduits, the apertures extending from apertures inlets at an upstream face of the upstream wall to aperture outlets at a downstream face of the upstream wall, the aperture inlets circumferentially offset (see offset of each tube 19) from the aperture outlets to induce a swirl into a fluid flowing through the apertures, wherein a shape of the apertures is round/rectangular (Col. 6, lines 35-45).
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 Wainwright to include the offset apertures and tube shapes of Nomura, in order to provide turbulence from impingement (Col. 7, lines 0-15) and to provide a simple substitution of one known element for another to obtain predictable results (see MPEP 2143).
Response to Arguments
Applicant's arguments filed 5/15/2026 have been fully considered but they are not persuasive.
Applicant argues that the modification of Wainwright with Martin would change the principle operation of the prior invention. Specifically, Wainwright’s baffle plates have a purpose of “mixing, baffles, and handling the condensate,” and thus Applicant’s concludes the proposed modification (the baffle plates being flush with the wall) would result in a configuration unable to address the condensation problem discussed by Wainwright.
The applicant is reminded that 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 satisfying the structural limitations of the claim, as is the case here; refer to MPEP 2114(II). In the instant case, even if moving the baffles during operation of the heat exchanger flush with the walls would change the intended operation, this is not required by the claim. Rather, what is required by the claim is that the louvers are capable of being collapsed, flush with the walls. Examiner contends the proposed modification still meets the limitations at issue, as the louvers would be capable of being moved in a collapsed configuration, even if that would not be desirable during operation.
Examiner notes that should the claims be amended to wherein a controller is configured to move the louvers into the collapsed configuration, this argument would likely be persuasive, as it would amount to more than a statement of intended use.
For at least the reasons stated above, Applicant’s arguments are found unpersuasive and the rejection is maintained.
Conclusion
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.
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, 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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ERIC S RUPPERT/Primary Examiner, Art Unit 3763
Prosecution Insights