DETAILED ACTION
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) 1-3, 4-6, 8-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jouanny (US 9,429,367) in view of EP 2,728,806 (‘806).
Regarding claims 1 and 10, Jouanny teaches a separating plate (16 and 18 which are joined) configured to separate a first and second stack (12, 14) of heat exchanger plates (20, 22) wherein the separating plate comprises a planar direction and thickness direction (thickness is up-down in Fig. 4), the separating plate comprises fluidic recess (through holes for F1; Fig. 4)and at least one positioning geometry configured to position the separating plate relative to a heat exchanger plate (the upward extending perimeter lip of 16 and the downward perimeter edge of 18; see, e.g., Fig. 4).
Jouanny does not specify that the positioning geometry comprises notches.
‘806 teaches that positioning geometries of adjacent plates may comprise notches recessed relative to an edge of the plates (100-103; see Figs. 1 and 4-5).
It would have been obvious to one of ordinary skill in the art to include the notches of ‘806 in the device of Jouanny in order to reduce planar motion of the adjacent plates prior to joining.
Regarding claim 9, Jouanny teaches a heat exchanger comprising a first stack (12) of heat exchanger plates (20) and a second stack (14) of heat exchanger plates (22) with a separator plate (formed by portions 16 and 18) according to claim 1 arranged between the two stacks.
Jouanny further teaches that: at least one positioning geometry (downward protruding perimeter of 18) is a protrusion configured to interact with an indentation of a heat exchanger plate (plate 22; see Fig. 4), per claim 2; positioning geometries may be arranged on first and second opposite edges (Fig. 4), per claims 4 and 11; the first and second positioning geometries (of portions 16 and 18, respectively) positioning the separating plate relative to first (20) and second (22) plates, respectively (Fig. 4), per claims 5, 13, and 15; the second geometry (of portion 18) is a protrusion (Fig. 4), per claim 6; the second positioning geometry interacts with a second type of heat exchanger plate (22) which is different from the first type (20), per claims 8 and 16.
Jouanny further teaches that: positioning geometries may be arranged on first and second opposite edges (Fig. 4), per claim 12; the first and second positioning geometries (of portions 16 and 18, respectively) positioning the separating plate relative to first (20) and second (22) plates, respectively (Fig. 4), per claim 14.
Claim(s) 7 and 17-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jouanny in view of ‘806 and Bruckner (US 2021/0010762).
Regarding claim 7, Jouanny does not teach the use of annular protrusions.
Bruckner teaches that annular protrusions (6 and/or the protrusion of 22 which closes 4a) are old and well-known in the art for joining and positioning adjacent plates.
It would have been obvious to one of ordinary skill to utilize the annular protrusions taught by Bruckner at the opened and closed through holes of Jouanny in order to ensure alignment and sealing of the holes without the use of additional components.
Jouanny further teaches that: the first and second positioning geometries (of portions 16 and 18, respectively) positioning the separating plate relative to first (20) and second (22) plates, respectively (Fig. 4), per claim 17.
Regarding claim 18, Jouanny teaches a separating plate (16 and 18 which are joined) configured to separate a first and second stack (12, 14) of heat exchanger plates (20, 22) wherein the separating plate comprises a planar direction and thickness direction (thickness is up-down in Fig. 4), the separating plate comprises fluidic recess (through holes for F1; Fig. 4) and a first (the upward extending perimeter of lip 16) and second (downward perimeter edge of 18) positioning geometry configured to position the separating plate relative to first and second heat exchanger plates (see, e.g., Fig. 4).
Jouanny does not specify that the positioning geometry comprises notches.
‘806 teaches that positioning geometries of adjacent plates may comprise notches recessed relative to an edge of the plates (100-103; see Figs. 1 and 4-5).
It would have been obvious to one of ordinary skill in the art to include the notches of ‘806 in the device of Jouanny in order to reduce planar motion of the adjacent plates prior to joining.
Jouanny does not specify teaches secondary protrusion that is a circular protrusion for positioning relative to a second plate.
Bruckner teaches the inclusion of multiple secondary protrusions (see perimeter edge of 22 which is analogous to 18 in Jouanny) including circular protrusions (the protrusion of 22 which closes 4a) in order to ensure proper positioning of a plate (22) against a second heat exchanger plate (14).
It would have been obvious to one of ordinary skill to include the circular protrusion of Bruckner in the device of Jouanny in order to ensure alignment of all portions of the separating plate against the heat exchanger plate.
Response to Arguments
Applicant's arguments filed 1/7/26 have been fully considered but they are not persuasive.
The applicant argues that the alignment features taught by ‘806 are used on heat exchanger plates not separating plates and are therefore not combinable with Jouanny.
Jouanny already teaches the use of alignment features which mirror those of the heat exchanger plates in order to join to the alignment features of those heat exchanger plates. Therefore, the use of alignment features from other heat exchanger plates in the art is already suggested by Jouanny and the teachings are combinable.
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 Devon Lane whose telephone number is (571)270-1858. The examiner can normally be reached M-Th, 9-4.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jerry-Daryl Fletcher can be reached at 571.270.5054. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DEVON LANE/ Primary Examiner, Art Unit 3763
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