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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 4/27/2026 has been entered.
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) 19-26 is/are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by Caughill (US3018089A).
Regarding claim 19, Caughiull discloses a heat exchanger (see Fig. 1-2) of the air/oil type (Caughill is capable of using air and oil as the mediums exchanging heat), for an annular air stream (see annular passage between 10 & 12) of a turbomachine (this is a statement of intended use), comprising a heat exchange zone (zone with tubes 30/32) with oil passages (see passages of tubes 30/32) and surfaces of heat exchange surfaces (see surfaces of tubes 30/32) with air, said heat exchange zone forming an axial air passage (see passages between 10 & 12) comprising a plurality of air channels delimited by the heat exchange surfaces (surfaces of said tubes), said heat exchange zone having a profile (as seen in Fig. 1 & 2) facing the air flow and included in a plane perpendicular to said flow of air, said profile of the heat exchange zone being in a form of an arc (see arc shaped tubes 30/32) so as to be able to be arranged in the annular air stream, wherein said heat exchanger comprises on a radially external face of the heat exchange zone, an oil inlet and an oil outlet (inlet 18 & outlet 20), the oil passages (see passages of tubes 30/32) comprising several paths (see paths of 30/32 from header 22 to arcuate portions 31/33, to header 24, via intermediate header 26) between said oil inlet and said oil outlet, distributed along the arcuate profile of the heat exchange zone, each of the paths comprising at least one forward portion (portion from header 22) and at least one return portion (portion to header 24), extending radially between the radially internal face and the radially external face, and wherein the at least one forward portion and the at least one return portion of each of the paths are offset along the arcuate profile of the heat exchange zone.
Regarding claim 20, Caughiull discloses the limitations of claim 19, and Caughiull further discloses each of the paths comprises at least one connection portion (31/33) connecting the at least one forward portion to the at least one return portion and arranged in the heat exchange zone.
Regarding claim 21, Caughiull discloses the limitations of claim 19, and Caughiull further discloses each of the at least one forward portion, the at least one return portion, and the at least one connection portion of each of the paths extend over a total axial length of the heat exchange zone (as detailed above).
Regarding claim 22, Caughiull discloses the limitations of claim 21, and Caughiull further discloses each of the paths (see paths of 30/32 from header 22 to arcuate portions 31/33, to header 24, via intermediate header 26) comprises several parallel oil passages distributed over the total axial length of the heat exchange zone.
Regarding claim 23, Caughiull discloses the limitations of claim 19, and Caughiull further discloses the at least one forward portion and the at least one return portion of each of the paths (see paths of 30/32 from header 22 to arcuate portions 31/33, to header 24, via intermediate header 26) comprises several oil passages parallel forming a doubly bent flow profile with a first radial part, a second axial part and a third radial part (see radial and axial parts thereof).
Regarding claim 24, Caughiull discloses the limitations of claim 23, and Caughiull further discloses the at least one connection portion (31/33) interconnects the first radial part or the third radial part adjacent to said connection portion.
Regarding claim 25, Caughiull discloses the limitations of claim 24, and Caughiull further discloses the second axial parts of the at least one forward portion and the at least one return portion have opposite flow directions (see pipes from 22/24).
Regarding claim 26, Caughiull discloses the limitations of claim 19, and Caughiull further discloses on the radially external face of the heat exchange zone comprising the oil inlet (18) and the oil outlet (20), in addition, a distributor (14/22) arranged fluidically between the oil inlet and the paths and extending along the arcuate profile, and a collector (16/24) fluidly disposed between the paths and the oil outlet and extending along the arcuate arc profile.
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) 27-29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Caughill (US3018089A) in view of Perrin (WO2013095424A1).
Regarding claims 27-29, Caughill teaches the limitations of claim 26, and Caughill further teaches the oil inlet is at one end of the distributor following the arcuate profile and said distributor (22) has a passage section transverse to said arcuate profile; the oil outlet is at one end of the collector (24) following the arcuate profile and said collector has a passage section transverse to said arcuate profile; wherein the distributor and the collector are side by side along an axial extent of the radially external of the heat exchange zone comprising the oil inlet and the oil outlet.
Caughill does not teach said distributor has a passage section which gradually decreases along said profile from the oil inlet to an opposite end of said distributor; said collector has a passage section which gradually decreases along said profile from the oil outlet to an opposite end of said collector.
Perrin teaches said distributor (200; Fig. 2 & page 10) has a passage section which gradually decreases along said profile from the oil inlet to an opposite end of said distributor; said collector (200; Fig. 2 & page 10) has a passage section which gradually decreases along said profile from the oil outlet to an opposite end of said collector.
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 Caughill to include the tapering manifold configuration of Perrin, in order to provide a manifold with an efficient design, providing material and cost savings (Page 2).
Allowable Subject Matter
Claims 30-36 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
The present amendments have obviated the previous 35 USC 112 (b) rejections.
Applicant's arguments filed 2/10/2026 have been fully considered but they are not persuasive.
Applicant argues Caughill teaches the opposite of what is required by claim 19. Specifically, Applicant contends Caughill teaches the air stream is confined to the annular space between two casings, and thus the tubes do not “form” the axial air passage as required by claim 19.
First, Applicant’s arguments are not commensurate in scope with the claim, which require a “zone” that forms the axial air passage. Further, Examiner’s interpretation is entirely consistent with the disclosure, in which the air stream is confined to the annular space between two casings. As the heat transfer fluid flows through the tubes in the zone, the tube necessarily form the air passage. Finally, two such casings are not precluded by the claim in any way.
Applicant further takes issue with the tubes of Caughill providing a zone being in a form of an arc, arguing that Caughill only teaches that the arcuate tubes portions also extend outwardly and extend circumferentially. Applicant also argues with respect to the intended use of the claim.
Examiner contends, that the heat exchanger zone of Caughill is in the form of an arc, as it extends in an arcuate manner, as admitted by Applicant. Regarding the intended use, Examiner maintains 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).
Applicant argues that the inlet 18 and outlet 20 of Caughill are connections to annular ducts 14 and 16, feeding multiple header groups, whereas the claim requires the inlet/outlet are located on a radial face of the heat exchange zone.
Examiner contends the inlet and outlet ducts, while feeding further headers, this is not precluded by the claim, and as the inlet and outlet are arranged on the radial face of the heat exchange zone, Caughill reads on the limitation at issue.
For at least the reasons stated above, Applicant’s arguments are found unpersuasive and the rejection is maintained.
Response to Arguments
Applicant's arguments filed 4/27/2026 have been fully considered but they are not persuasive.
Specifically, Applicant argues the present application uses the phrase “heat exchange surfaces” in a more specific way than currently interpreted. Applicant argues Caughill merely discloses tube banks arranged inside an annular passage bounded by the casing, with the tubes exposed to air, and thus does not read on a heat exchange zone whose axial air passage comprises a plurality of air channels forming axial corridors for air delimited by the heat exchange surfaces.
Examiner contends the tube banks, exposed to air, constitute both a heat exchange zone and also form axial air passages (as air flows axially therethrough), as airflow would necessarily be divided by the tubes, forming passages between adjacent tubes and the like.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., formed by thin walls or plates, the heat exchange surfaces forming axial corridors) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, 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).
Applicant further takes issue with the tubes of Caughill providing a zone being in a form of an arc, arguing that Caughill only teaches that the arcuate tubes portions also extend outwardly and extend circumferentially. Applicant also argues with respect to the intended use of the claim.
Examiner contends, that the heat exchanger zone of Caughill is in the form of an arc, as it extends in an arcuate manner, as admitted by Applicant.
Regarding the intended use, Examiner maintains 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).
Applicant argues that the inlet 18 and outlet 20 of Caughill are connections to annular ducts 14 and 16, feeding multiple header groups, whereas the claim requires the inlet/outlet are located on a radial face of the heat exchange zone.
Examiner contends the inlet and outlet ducts, while feeding further headers, this is not precluded by the claim, and as the inlet and outlet are arranged on the radial face of the heat exchange zone, Caughill reads on the limitation at issue.
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.
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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.
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/ERIC S RUPPERT/Primary Examiner, Art Unit 3763
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