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
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.
Claim(s) 1-6, 8, 11-15, 17-21 and 23-24 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Pantow (US PGPub No. 2001/0052411).
Regarding claim 1, Pantow discloses a pair of heat exchanger plates (a tube 12 having a pair of planar plates 18 and 20) comprising:
a first (18) and a second heat exchanger plate (20), arranged face to face and spaced apart so as to define an inner volume (see Fig. 4, interior volume defined by the spaced plates 18 and 20) capable of forming a channel (inside the volume) for flow of a first fluid (coolant 13), each plate comprising a central panel (a portion shown in Figs. 2 and 3 which indicates a central part of the plates 18 and 20), said central panels of said first and second plates being preferably substantially quadrilateral (the portion of the plates 18 and 20 shown in Figs. 2 and 3 is quadrilateral), and said central panels of said first and second plate are planer and parallel to one another (see Fig. 4),
wherein said central panel of each plate (A, B) comprises at least one rectilinear groove (vortex generators 22 having an orientation “\” in the plate 18 and 22, and are formed by rolling, paragraph 0029. This indicates that the vortex generators 22 are grooves on an exterior side of the tub 12. The vortex generators 22 shown in Figs. 2-4 are straight as being rectilinear), protruding into said inner volume (see Fig. 4), and each groove of said first plate is parallel to each groove of said second plate (each vortex generator 22 having an orientation “\” in the plate 18 is parallel to each vortex generator 22 also having an orientation “\” in the plate 20).
Regarding claim 2, Pantow in claim 1 further discloses wherein each groove is inclined at a non-zero and non-right angle α to one side of said central panel (an angle α between the “\” vortex generators 22 and a long side of the plates 18 and 20), angle α being greater than or equal to 10° (the angle α is 20°, paragraph 0030).
Regarding claim 3, Pantow in claim 1 further discloses wherein each groove of said second plate (20) is offset with respect to each groove of said first plate (18) in a direction perpendicular to said grooves of said first and second plates (between each vortex generator row 24 in a horizontal direction in plates 18 and 20, an offset “a” is provided in a vertical direction perpendicular to the rows 24 in horizontal direction in Figs. 2 and 3).
Regarding claim 4, Pantow in claim 1 further discloses wherein each central panel of each plate comprises a plurality of grooves (“\” oriented vortex generators 22 in the plate 18 and 22) parallel to one another, and each groove of said first plate (A) is parallel to each groove (102) of said second plate (each “\” oriented vortex generators 22 in plates 18 and 20 is also parallel).
Regarding claim 5, Pantow in claim 4 further discloses wherein a pitch (distance C of the vortex generators 22 in plate 18) between said grooves of said first plate identical to a pitch (distance C of the vortex generators 22 in plate 20) between said grooves of said second plate (paragraph 0029, the ratio between distances C between the individual vortex generator rows 24 and length L has an exemplary value of 4. This indicates each distance C between the vortex generators 22 in plates 18 and 20 is fixed).
Regarding claim 6, Pantow in claim 3 further discloses wherein the offset (a) in direction perpendicular to said grooves has a distance between one third and two thirds of said pitch (Figs. 2 and 3 shows that the offset “a” is half of the pitch “C” between the vortex generator rows 24).
Regarding claim 8, Pantow in claim 1 further discloses wherein each groove has a cross section whose shape is selected from among an arc of a circle, a semicircle, a U, a V, an ellipse, an airplane wing, a spearhead (a u shape as shown in Fig. 4).
Regarding claim 11, Pantow in claim 1 further discloses wherein all the grooves of the first and second plates have the same cross section (same u-shaped cross-section), the same width (width B preferably 1.3mm, paragraph 0029), and the same protrusion height (The vortex generator height, h, is approximately 1/3 of the flat tube height, H, paragraph 0030).
Regarding claim 12, Pantow in claim 1 further discloses wherein said first plate (18) and said second plate (20) are connected by means of one or two junction panel (curved sides) arranged on one or two sides of a central panel (two lateral sides of the plates 18 and 20).
Regarding claim 13, Pantow in claim 1 further discloses a stack of pairs of heat exchanger plates comprising at least two pairs of plates as claimed in claim 1 (plurality of tubes 12 each having pairs of the plates 18 and 20 in Fig. 1), said pairs of plates being stacked in such a way that said successive pairs of plates are spaced apart (by fins 14), wherein, for two successive pairs of plates respectively referred to as first pair of plates and second pair of plates (adjacent tubes 12):
a. said first pair of plates and said second pair of plates are arranged parallel to one another and face to face (plates 18 and 20 of each tube 12 are parallel, see Fig. 4), and a space between the plates of each pair of plates forming a channel for flow of a first fluid (a channel formed by the volume between the plates 18 and 20 for a flow of coolant 13),
b. the space (the space with fins 14) between said first pair of plates and said second pair of plates forms a channel for flow of a second fluid (air channel 15).
Regarding claim 14, Pantow in claim 13 further discloses wherein said channel for the flow of second fluid is perpendicular to said channel for the flow of first fluid (the directions of coolant 13 and air 15 are perpendicular).
Regarding claim 15, Pantow in claim 1 further discloses wherein said pairs of plates are arranged in a frame (the plates 18 and 20 of the tube 12 are inserted into tube base 16, Fig. 1).
Regarding claim 17, Pantow in claim 5 further discloses wherein each groove of said second plate is offset with respect to each groove of said first plate in a direction perpendicular to said grooves of said first and second plates (an offset “a” in a vertical direction of Figs. 2 and 3 perpendicular to the “\” grooves in a row 24 aligned in horizontal direction of the plates 18 and 20), and the offset has a distance between one third and two thirds of said pitch (Figs. 2 and 3 shows that the offset “a” is half of the pitch “C” between the vortex generator rows 24).
Regarding claim 18, Pantow in claim 13 further discloses said stack of pairs of plates being arranged in a frame (the plates 18 and 20 of the tubes 12 are inserted into a tube base 16, Fig. 1).
Regarding claim 19, Pantow in claim 1 further discloses wherein each groove is inclined at a non-zero and non-right angle a to one side of said central panel, angle α ranging between 10° and 80°, inclusive (the angle α is 20°, paragraph 0030).
Regarding claim 20, Pantow in claim 1 further discloses wherein each groove is inclined at a non-zero and non-right angle a to one side of said central panel, angle α ranging between 30° and 70°, inclusive (the angle α may be 40°, paragraph 0030, within the range claimed).
Regarding claim 21, Pantow in claim 1 further discloses wherein each central panel of each plate comprises a plurality of grooves (“\” oriented vortex generators 22 in the plates 18 and 22) parallel to one another and evenly spaced apart (by an offset “a”), and each groove of said first plate is parallel to each groove of said second plate (each “\” oriented vortex generators 22 in the plate 18 and is parallel to each “\” oriented vortex generators 22 in the plate 22).
Regarding claim 23, Pantow in claim 1 further discloses wherein each groove has a cross section whose shape is an arc of a circle or an airplane wing (the vortex generators 22 having a u shape as shown in Fig. 4 include an arc of a circle at ends of the vortex generators).
Regarding claim 24, Pantow in claim 13 further discloses wherein said second pair of plates is identical to said first pair of plates (the tube 12 having a pair of the plates 18 and 20 is identical to another tube 12 having a pair of the plates 18 and 20, at least at the cross-section of the tubes 12, see Fig. 1), or is a mirror image of said first pair of plates.
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) 16 and 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pantow (US PGPub No. 2001/0052411) in view of Beck (US Patent No. 6,070,616).
Regarding claim 16, Pantow in claim 13 further discloses a method of manufacturing a stack of pairs of plates as claimed in claim 13, said method comprising:
a. preparing at least four plates comprising each a central panel (preparing identical tubes 12 having the plates 18 and 20),
b. for a first half of said plates, forming said at least one groove in the central panel of each plate (each vortex generators 22 on plates 18 may be formed by rolling, paragraph 0029),
c. for a second half of said plates, forming said at least one groove in the central panel of each plate (each vortex generators 22 on plates 20 may be formed by rolling, paragraph 0029), and
d. for each pair of plates, arranging a first plate (18) of said first half of said plates parallel to a second plate (20) of said second half of said plates (the two plates 18 and two plates 20 are arranged parallel), so that the grooves are parallel and protrude into inner volume between said plates (the vortex generators 22 are parallel and protruded within the volume of the plates 18 and 20 as shown in Fig. 4), and
e. stacking said at least two pairs of plates parallel to one another and spaced apart (a fin tube assembly disclosed in paragraph 0027 may include the process of stacking the tubes 12 having the pairs of plates 18 and 20).
Pantow fails to disclose: d. assembling at least two pairs of plates.
Beck discloses assembling a pair of plates (11 and 12) by welding (Figs. 2 and col. 2, lines 32-34).
Beck further the sheet metal around the lugs 13 and 14 to be supported on a circular or rectangular loading surface (col. 2, lines 59-64) so that the lugs may be easily mounted on the metal sheet while maintain relatively narrow tolerances (col. 1, lines 46-55). This can be only done in tube halves 11 and 12 which are to be assembled to form the tube.
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 the process of assembling at least two pairs of plates in Pantow as taught by Beck in order to form the lugs onto the metal sheet having relatively narrow tolerances.
Regarding claim 25, Pantow in claim 16 further discloses wherein each groove (101) of first plate is offset with respect to each groove (102) of second plate (B) in a direction (DD) perpendicular to said grooves (an offset “a” in a vertical direction of Figs. 2 and 3 perpendicular to the “\” grooves in a row 24 aligned in horizontal direction of the plates 18 and 20).
Claim(s) 7, 9, 10 and 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pantow (US PGPub No. 2001/0052411) alone.
Regarding claim 7, Pantow fails to disclose wherein a pitch (p) between two successive grooves ranges between 10 mm and 80 mm, inclusive.
Regarding claim 9, Pantow fails to disclose wherein a width (w) of each groove (101, 102) ranges between 4 mm and 30 mm, inclusive.
Regarding claim 10, Pantow fails to disclose wherein a protrusion height (e) of each groove ranges between 1.5 mm and 6 mm, inclusive.
Regarding claim 22, Pantow fails to disclose wherein a pitch (p) between two successive grooves ranges between 20 mm and 60 mm, inclusive, wherein a width (w) of each groove ranges between 6 mm and 25 mm, inclusive, and wherein a protrusion height (e) of each groove ranges between 2 mm and 5 mm, inclusive.
Pantopw further discloses that the vortex generators 22 increase the turbulence of the coolant flow, and the turbulence is dependent on the size of the vortex generators that causes vortices to be formed or breaking up the boundary layer (paragraph 0022). The pitch, width and height of the grooves as claimed are all related to the size of the vortex generators or grooves so that they are all result effective variables. Modifying the pitch, width and height of the grooves results a change in the turbulence of the coolant flow. Although Pantow fails to explicitly disclose the exact claimed range of the pitch, width and height of the grooves, one of ordinary skill in the art would perform routine optimization of the said variables including the claimed range in order for proper turbulence for the coolant for optimum heat exchange between the coolant layers. Therefore, reciting ranges of the pitch, width and height of the grooves are not novel.
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 a pitch between two successive grooves, a width of each groove and a height of each groove having the ranges between the value as set forth in claims 7, 9, 10 and 22 in Pantow through routine optimization for optimum turbulence of the coolant flow.
Response to Arguments
Applicant's arguments filed 1/16/2026 have been fully considered but they are not persuasive.
In response to applicant’s argument that the / grooves are not parallel to each of the \ grooves on the opposing flat surface, the rejection has clarified that the rectilinear grooves are the vortex generators 22 in plates 18 and 20 having only an “\” orientation. Each \ grooves on one flat surface are parallel to each of the \ grooves on the opposing flat surface. Such configuration fully meets the claimed invention arranged as in claim 1. Claim 1 only requires at least one groove, i.e., just one or more grooves, not all the grooves. Thus, each groove is interpreted to mean each groove of the at least one groove. The rejection above only mapped the grooves of “\” orientation as the “at least one groove”. Claim 1 also does not require that all grooves on one flat surface are parallel to all of the grooves on the opposing flat surface, or similar languages requiring every single groove in the plates is parallel. Note that limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
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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