DETAILED ACTION
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) 19-20, 24-26, 28-30, and 32-35 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shisler (US 2020/0006822).
Regarding claim 19, Shisler teaches a heat exchanger in which channels for a refrigerant and a second fluid (45, 46) are formed directly between two or more plates (4a, 4b; Fig. 8) and at least one manifold for the refrigerant is formed outside the plates (formed via the cupping pressed into 2 and 3) connected to the channels by openings (openings formed between respective 2/3 and 4a,4b at the manifold ends of 4a,4b), wherein the channels for the refrigerant (e.g. 45) are received in the channel for the second fluid (46) and are formed parallel to the channel for the second fluid (Fig. 8); one group of an inlet or outlet group of the channels for the refrigerant (19 for the outlet for dotted flow line in Fig. 13) is formed downstream of an inlet for the second fluid (19 for the inlet of the solid flow line in Fig. 13); another group of the inlet and outlet for the refrigerant (19 for the inlet of dotted flow line in Fig. 13) is formed upstream of the outlet (19 for the outlet of solid flow line in Fig. 13).
Shisler further teaches that: the channels are unbranched (e.g. Fig. 4), per claim 20; the paths of the channels may be U-shaped (e.g. Fig. 17), per claim 26; the refrigerant and second fluid may be flowed in countercurrent (e.g. Fig. 13 or Fig. 17), per claim 28; the manifold comprises a groove or chamber for distributing the refrigerant to the channels (chambers formed by 7 and 8; see Fig. 4), per claim 29; the groove is funnel shaped (each of the embossments forming the chamber tapers from larger to smaller; see Fig. 4), per claim 30; the manifold has reduced diameter sections forming nozzles (see the smaller openings in each of 7 compared with the overall diameter of the embossments), per claim 32; the manifolds comprise at least one support (the flat surfaces surrounding the manifold embossments of each of plates 2 and 3 which support them; e.g. Fig. 4), per claim 33; the heat exchanger may be a chiller (see Para. [0058]), per claim 35.
Claim 34 merely recites an intended use (pressure at 140 bar). As no further structures are required by the claim to accomplish such use and Shisler is otherwise structurally indistinguishable from the claimed invention, it is treated as capable of being used as recited.
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) 21-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shisler.
Regarding claim 21, Shisler further teaches intermediate plates (2, 3) provided between pairs (each pair has plates 2 and 3 separating it from other pairs)of plates defining the channels or on at least one outer side of the heat exchanger (e.g. Fig. 7-8).
The intermediate plates of Shisler are coated with a brazing material, not a soldering material. The examiner takes official notice that soldering and brazing are commonly treated as art equivalent joining techniques for heat exchangers (see teachings of US 2023/0173874, Para. [0005] to support this assertion). It would have been obvious to one of ordinary skill to utilize soldering instead of brazing as they are recognized art equivalents.
Shisler further teaches that: the intermediate plates further comprise a plurality of the openings corresponding to the channels for the refrigerant (18), per claim 22; the openings are offset from each other (in the up-down direction in Fig. 4), per claim 23.
Claim(s) 36-37 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shisler in view of Kenney (US 2016/0204486).
Regarding claim 36, Shisler teaches a method of manufacturing a heat exchanger in which at least one first plate is stamped (Para. [0045]; sheet 4a) and joined to a second plate (4b); openings (central openings of 77 and 83; see Fig. 18) for a refrigerant and second fluid are formed in the at least one plate; at least one manifold is connected (a manifold each of 69, 70, 71, and 72; see Fig. 17) for distributing the refrigerant and fluid; channels connected to the openings for the refrigerant and second fluid are formed on the at least one first plate (each of the channels is connected to either set of 69-70 or 71-72 via the openings of 77 and 83; see Figs. 17-18); channels for the refrigerant (45) are received in and formed parallel to channels for the second fluid (46); the outlet of the refrigerant (72) is downstream of and adjacent to the inlet (69) of the second fluid; the inlet (71) of the refrigerant is upstream and adjacent to the outlet (70) of the second fluid.
Shisler teaches tubed or D-shaped manifolds but does not specify formation from sheet metal.
Kenney teaches that it is old and well-known to form such manifolds (e.g. 28) from sheet metal (embossed sheet).
It would have been obvious to one of ordinary skill to form the manifolds of Shisler from the sheet as taught by Kenney in order to reduce the number of individual connections that must be aligned during joining.
Regarding claim 37, the plates of Shisler are coated with a brazing material, not a soldering material. The examiner takes official notice that soldering and brazing are commonly treated as art equivalent joining techniques for heat exchangers (see teachings of US 2023/0173874, Para. [0005] to support this assertion). It would have been obvious to one of ordinary skill to utilize soldering instead of brazing as they are recognized art equivalents.
Response to Arguments
Applicant’s arguments have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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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