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) 1-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Flik (US PGPub No. 2007/0125527) in view of Rehberg (US Patent No. 6,973,961).
Regarding claim 1, Flik discloses a heat exchanger (Figs. 1 and 2) comprising a top plate (5) and a bottom plate (6),
a plurality of heat exchanger plates (12, 22, 32) arranged between the top plate (5) and the bottom plate (6),
wherein adjacent heat exchanger plates cooperate to form fluid channels (arrows of fluids 1-3 between adjacent plates 12, 22; and 12, 32, Fig. 1),
wherein several heat exchanger plates of the plurality of heat exchanger plates form a first stack (a first stack of the plates 12 and 22 that carry the fluids 1 and 2) of heat exchanger plates and a second stack (a second stack of the plates 12 and 32 that carry the fluids 1 and 3) of heat exchanger plates, wherein the first stack of heat exchanger plates and the second stack of heat exchanger plates are arranged between the top plate and bottom plate (the first stack and second stack positioned between plates 5 and 6), wherein a separating plate (blind disk 7) is arranged between the first stack of heat exchanger plates and the second stack of heat exchanger plates (Fig. 1),
wherein the first stack of heat exchanger plates comprises a first fluid channel (a path of fluid 2 with black arrows) and a second fluid channel (a path of fluid 1 with white arrows) and the second stack of heat exchanger plates comprises a third fluid channel (a path of fluid 1 with white arrows) and a fourth fluid channel (a path of fluid 3 with gray arrows), wherein the second fluid channel and the third fluid channel are fluidly connected (fluidly connected by an opening in the disk 7 that has a fluid 1 in white arrow through the disk 7), wherein the first stack of heat exchanger plates is formed of first heat exchanger plates (the plates 12 and 22), and the second stack of heat exchanger plates is formed of second heat exchanger plates (the plates 12 and 32),
wherein the separating plate (7) adapts (connects) an adjacent one of the first heat exchanger plates to an adjacent one of the second heat exchanger plates (the blind disk 7 connects the plate 12 in the first stack adjacent to the disk 7 on one side and the plate 12 in the second stack adjacent to the disk 7 on an opposite side, see Fig. 1).
Flik fails to disclose wherein the first stack of heat exchanger plates or the second stack of heat exchanger plates are formed of single wall heat exchanger plates and the respective other stack of heat exchanger plates are formed of double wall heat exchanger plates, or
the first stack of heat exchanger plates and the second stack of heat exchanger plates are formed of double wall heat exchanger plates.
Rehberg (Fig. 5) discloses wherein the first heat exchanger plates or the second heat exchanger plates are formed of single wall heat exchanger plates (plates 1 are single walled heat exchanger plates) and the respective other heat exchanger plates are formed of double wall heat exchanger plates (plates 2 are double walled heat exchanger plates).
Rehberg further discloses, “In that event, often the heat transfer between one of the heat exchange fluids and another one of the heat exchange fluids must meet a higher safety standard, thus requiring the double-walled embodiment of the heat exchanger plates. And as regards heat transfer between the one heat exchange fluid and another one of the heat exchange fluids, a lower safety standard may be adequate so that the heat exchanger plates here may be of the single-walled structure” (col. 2, lines 13-21), and “compared with single-walled heat exchanger plates, double-walled heat exchanger plates can meet a higher safety standard since the two heat exchange fluids will not mix if a leak should occur in one of the two plate members of the double-walled heat exchanger plate” (col. 1, lines 34-38).
Therefore, when the fluid 1 and fluid 3 in Flik requires a higher safety standard and mixing fluids 1 and 3 is critical if a leak of fluid 1 or 3 occurs; and the fluid 1 and fluid 2 Flik may be adequate to use a lower safety standard of the single walled structure, the first stack of plates 12 and 22 in Flik remain the single walled structure to save cost; and the plates 12 and 32 in the second stack of in Flik may be modified to include the double walled structure.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided wherein the first heat exchanger plates or the second heat exchanger plates are formed of single wall heat exchanger plates and the respective other heat exchanger plates are formed of double wall heat exchanger plates in Flik as taught by Rehberg in order to meet a higher safety standard for the double walled structure; and to lower the cost by using the single walled structure.
Regarding claim 2, Flik as modified in claim 1 further discloses wherein the first heat exchanger plates differ in form, material, construction and/or type from the second heat exchanger plates (the modified double walled structure for the first stack has a different construction or type from the single walled structure of the second stack).
Regarding claim 3, Flik as modified in claim 1 further discloses wherein the first stack of heat exchanger plates (the first stack of the plates 12 and 22 that carry the fluids 1 and 2) is a single wall heat exchanger stack formed of single wall heat exchanger plates (the first stack has the plates 12 and 22 in the single walled structure in view of the teaching of Rehberg).
Regarding claim 4, Flik as modified in claim 1 further discloses wherein the second stack of heat exchanger plates (the second stack of the plates 12 and 32 that carry the fluids 1 and 3) is a double wall heat exchanger stack formed of double wall heat exchanger plates (the second stack has the plates 12 and 32 in the double walled structure in view of the teaching of Rehberg).
Regarding claim 5, Flik as modified in claim 1 further discloses wherein a flow direction of the second and third fluid channels is oriented from the first stack of heat exchanger plates to the second stack of heat exchanger plates (the flow direction of the flow paths in the first stack to the second stack is oriented as shown in Fig. 1 defined by the heat exchanger structure).
Regarding claim 6, Flik as modified further discloses wherein the separating plate (7) comprises at least one positioning geometry (opening of the plate 7 that allows the fluid 1 communicating through the first stack and the second stack), which is configured to interact with at least one matching geometry of the first heat exchanger plate and/or the second heat exchanger plate (the opening of the plate 7 matches openings 102 in the plates 12 and 22 of the first stack to receive the fluid 1 from the first stack; and further matches openings 102 in the plates 12 and 32 of the second stack to supply the fluid 1 to the second stack).
Regarding claim 7, Flik as modified further discloses wherein a second fluid (fluid 1) is supplied to the second fluid channel (the path of fluid 1 with white arrows), while a first fluid (fluid 2) is supplied the first fluid channel (the path of fluid 2 with black arrows) and/or fourth fluid (fluid 3) is supplied to the fourth fluid channel (the path of fluid 3 with gray arrows).
Regarding claim 8, Flik as modified further discloses a method to assemble a heat exchanger according to claim 1, wherein the method comprises the following steps:
i. assembling the first stack of heat exchanger plates of first heat exchanger plates,
ii. assembling the second stack of heat exchanger plates of second heat exchanger plates,
iii. mounting the first stack of heat exchanger plates to the top plate,
iv. mounting the separating plate to the first stack of heat exchanger plates,
v. mounting the second stack of heat exchanger plates to the separating plate, and
vi. mounting the bottom plate to the second stack of heat exchanger plates (the heat exchanger assembly shown in Fig. 1 is formed by individual disks 12, 22, 32, cover 5, base 6 and blind disk 7 in an exploded view in Fig. 2. The individual disks 12, 22, 32, cover 5, base 6 and blind disk 7 inherently require assembling and mounting steps recited in steps i-vi in order to form the assembled structure in Fig. 1).
Regarding claim 9, please see the rejection of claim 3 above.
Regarding claims 10-11, please see the rejection of claim 4 above.
Regarding claims 12-14, please see the rejection of claim 5 above.
Regarding claims 15-18, please see the rejection of claim 6 above.
Response to Arguments
Applicant's arguments filed 2/10/2026 have been fully considered but they are not persuasive.
In response to applicant’s argument that Flik and Rehberg alone or in combination do not teach a separating plate that can adapt two different heat exchange designs simultaneously, the modification to Flik in view of the Rehberg is relied upon that the plates in one of the stacks, specifically the first stack may have plates in double wall configuration for greater safety as taught by Rehberg. This means that the plates in the first stack may only employ a double plate design, and remain the same shape and size. Flik, before modification, or in view of the Rehberg after modification, still require the disk 7 in Flik as the separating plate claimed to join and connect the two stacks to each other. Therefore, the disk 7 in Flik meets “wherein the separating plate adapts an adjacent one of the first heat exchanger plates to an adjacent one of the second heat exchanger plates rejection” in claim 1.
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.
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/JIANYING C ATKISSON/Supervisory Patent Examiner, Art Unit 3763
/F.K.L/Examiner, Art Unit 3763
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