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 § 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 1-3 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.
Regarding claim 1, the recitation “characterized in that that the supply and discharge of the medium into the annular gap can be carried out both perpendicularly and coaxially to the heat exchange pipes, the number of heat exchange elements is n, where n is an integer from 2 to 3000, and the modules can be interconnected in sections from 2 to 1000 to obtain the necessary heat exchange surface, and the layout of the modules can be multi-pass” is unclear. First, “the modules” lacks antecedent basis in the claim. It is unclear if a plurality of modules as claimed is required, or if the “module” (as in the preamble) is merely capable of being interconnected to other modules or multi-pass. Further, it is unclear if the recitations following “can be” are required by the claim.
Regarding claim 1, the recitation of “(cooled)” is unclear, as it is unclear if the parenthetical is required.
Regarding claim 1, the recitation “the bottoms of the inlet and outlet chambers in which the inner pipes are fixed” is unclear. The bottoms lack antecedent basis, and the term “bottoms” is used in manner that contradicts its plain meaning, without redefining the term. For purposes of examination, an element of the inlet and outlet chambers in which the inner pipes are fixed will be considered to read on the limitation at issue.
Claims 2-3 are rejected for their dependency from claim 1.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-2 is/are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by Lee (KR200421142Y1).
Regarding claim 1, Lee discloses a heat exchange module (see Fig. 1-4) made in the form of a tube bundle with medium inlet and outlet pipes consisting of single-wall heat exchange elements (510) and heat exchange elements (530 in side 520) of the pipe-in-pipe type and including a block of heated or cooled medium consisting of the inner surface of the outer pipes and the outer surface of the inner pipes with an annular gap between them, a block of heated (cooled) medium consisting of the outer surface of the outer pipes and the inner surface of the inner pipes, tube sheets (120 & 210) of the inlet and outlet chambers in which the outer pipes (520) are fixed, the bottoms (110 & 220) of the inlet and outlet chambers in which the inner pipes are fixed, characterized in that that the supply (see 300, which extends in parallel and perpendicularly thereto) and discharge (see 400, which extends in parallel and perpendicularly thereto) of the medium into the annular gap can be carried out both perpendicularly and coaxially to the heat exchange pipes, the number of heat exchange elements is n, where n is an integer from 2 to 3000 (see number of elements in Fig. 2/4), and the modules can be interconnected in sections from 2 to 1000 to obtain the necessary heat exchange surface, and the layout of the modules can be multi-pass (the modules is capable of being arranged in such a manner).
Regarding claim 2, Lee discloses the limitations of claim 1, and Lee further discloses
that from 0 to ⅓ of the heat exchange elements located in the central part are made single-walled (see ratio of 510 to 520 in central inner two rows Fig. 4, which equals 1/3, or alternatively, see central most space in which 0 elements are located).
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) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee (KR200421142Y1).
Regarding claim 3, Lee teaches the limitations of claim 1, and Lee does not explicitly teach single-wall heat exchange elements and heat exchange elements of the pipe-in-pipe type satisfy the formula 0.1D≤d≤D, where D is the outer diameter of the pipes of the heat exchange element of the pipe-in-pipe type, d is the outer diameter of the pipes of a single-walled heat exchange element, however, Lee does teach that the d<D (Page 2) 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 Lee to satisfy the formula 0.1D≤d≤D, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. MPEP 2144.05(II). In the instant case, Lee teaches a range that encompasses the claimed range.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
McKay (U0S715842A), Fig. 2 (partially reproduced below)
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Grimes (US3863708), Fig. 2
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Basseen (US4638852), Fig. 6
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472
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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.
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/ERIC S RUPPERT/Primary Examiner, Art Unit 3763
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