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 1-10 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 limitation of “a first main collector double duct of the fluid 1 that has run through the channels in the plate, and a second main collector double duct of the fluid 2 that has run through the complementary channels of the plates” renders the scope of the claim indefinite since it is not clear what the complementary channels of the channels (14a,14b) are. It is also not clear whether applicant is claiming that the first main collector double duct run through the channels in the plate or the first main collector double duct of the fluid receives fluid that has run through the channels in the plates. However, applicant discloses (figure 3) that the first main collector double duct (16a) is disposed outside of the plate, hence it does not appear that the first main collector double duct of the fluid 1 runs through the channels.
Regarding claim 2, the limitation of “the channels in each plate level completely cover its surface, permanently changing direction every one, two, or three hydraulic diameters of the channel, according to a Hilbert curve” renders the scope of the claim indefinite. Hilbert curve is known to be a continuous fractal space filling curve that fills a two dimensional space. However, it is not known that the Hilbert curve that has one, two or three hydraulic diameters.
Regarding claim 3, the limitation of “the fluid 1(F1) and 2 (F2) flowing through it flow countercurrent throughout the heat exchange area” renders the scope of the claim indefinite since it is not clear whether “it” refers to “the plate heat exchanger” or “the channel” that the fluid flows through.
Regarding claim 6, the limitation of “the supply of fluid 1 (F1) is made through multiple inlet openings” renders the scope of the claim indefinite since it is not clear whether applicant refers “made through” as “to flow through”.
Regarding claim 7, the limitation of “according to the alternate fluid of fluid 1” renders scope of the claim indefinite since it is not clear whether applicant refers “the alternate supply of fluid 1” to “fluid 2”. Furthermore, the limitation of “said fluid (F1) in this plate” renders the scope of the claim indefinite since it is not clear what plate is this plate. Also it appears that the claim is a mere English translation of a foreign document. It is not clear what applicant means by “according to the alternate supply fluid 1 (F1) to the first channels or second channels of each plate”.
Regarding claim 8, the limitation of “the supply of fluid 2 (F2) is made through multiple inlet openings” renders the scope of the claim indefinite since it is not clear whether applicant refers “made through” as “to flow through”. Furthermore, the limitation of “following a sequence that is inverse to the sequence of the fluid 1 inputs (F1)” renders the scope of the claim indefinite since it is not clear whether applicant is claiming that the flow of the fluid 1 is in opposite direction with the flow of the fluid 2.
Regarding claim 9, the limitation of “according to the alternate fluid of fluid 2” renders scope of the claim indefinite since it is not clear whether applicant refers “the alternate supply of fluid 2” to “fluid 1”. Furthermore, the limitation of “said fluid (F1) in this plate” renders the scope of the claim indefinite since it is not clear what plate is this plate. Also it appears that the claim is a mere English translation of a foreign document. It is not clear what applicant means by “according to the alternate supply fluid 2 (F2) to the first channels or second channels of each plate”.
Regarding claim 10, the limitation of “the collection of the processed fluid 1 (F1) and 2 (F2) is made through multiple outlet openings” renders the scope of the claim indefinite since it is not clear whether applicant refers “made through” as “to flow through”.
Claim 1 recites the limitation "the complementary channels" in line 24 . There is insufficient antecedent basis for this limitation in the claim.
Claim 3 recites the limitation "the heat exchange area" in line 3. There is insufficient antecedent basis for this limitation in the claim. It is not clear whether applicant refers “the heat exchange area” to “ a heat transfer surface” recited in claim 1.
Claim 6 recites the limitation "the supply of fluid 1" in line 1. There is insufficient antecedent basis for this limitation in the claim. It is not clear whether applicant refers “the supply of fluid 1” to “fluid 1”.
Claim 7 recites the limitation "the alternate supply of fluid 1" in line 2. There is insufficient antecedent basis for this limitation in the claim. It is not clear whether applicant refers “the alternate supply fluid 1” as “fluid 1”.
Claim 8 recites the limitation "the supply of the fluid 2 (F2)” " in line 2. There is insufficient antecedent basis for this limitation in the claim. It is not clear whether applicant refers “the supply of the fluid 2” as “fluid 2”.
Claim 9 recites the limitation "the alternate supply of fluid 2" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 10 recites the limitation "the processed fluids 1 and 2 " in line 2. There is insufficient antecedent basis for this limitation in the claim. It is not clear whether applicant refers “the processed fluids 1 and 2” to “the fluids 1 and 2”.
Claims 1 -10 are further rejected as can be best understood by the examiner.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 -3 and 6-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by John Francis (WO 9721062A1). Regarding claim 1, John Francis discloses (figures 1-5) a plate heat exchanger having a heat transfer surface and fluid circulation channels based on the Hilbert curve, characterized in that it comprises a three-dimensional structure of substantially quadrangular shape (see figure 5), formed by a plurality of stacked metal plates (1); a metal shell (23,24) operatively covering the substantially quadrangular three-dimensional structure; a set of double channels for circulation of a fluid 1 and of a fluid 2, which completely covers each of the metal plates forming the plurality of metal plates (see figure 1, fluid 1 with solid arrow and fluid 2 with broken arrow), following a Hilbert curve of arbitrary order (1st order); wherein the fluid 1 and fluid 2 enter, respectively, a first channel and a second channel of the set of double channels of each plate at opposite ends (see figure 1, the fluid 1 enters from the right side and fluid 2 enters from the left side of the plate), circulating countercurrent along the entire area of the double channels (see figure 1 with broken and solid arrows in opposite direction); wherein the fluid 1 has a temperature T1 and the fluid 2 has a temperature T2, and wherein the temperature T1 and T2 are different (page 5, lines 5-8); a first main feed double duct (34, see figure A) that supplies fluid 1 to the first channel of each of the plates, and a second main feed double duct ( 35, see figure A), that supplies fluid 2 to the second channel of each of the plate; and a first main collector double duct (36, see figure A) of the fluid 1 that has run through the channels in the plates, and a second main collector double duct (37, see figure A) of the fluid that has run through the complementary channels of the plates. (the first, second main collector double duct (36,37, see figure A) extend through the entire thickness of the stack of plate, see figure 5).
Regarding claim 2, John Francis discloses (figure 1) that the channels in each plate level completely cover its surface, permanently changing direction every one, two or three hydraulic diameters of the channel, according to a Hilbert curve. (U-shaped flow channel).
Regarding claim 3, John Francis discloses (figure 1) that the fluids 1 and 2 flowing through it flow countercurrent throughout the heat exchange area. (broken and solid arrows in opposite direction).
Regarding claim 6, John Francis discloses (figure 4, page 5, lines 29- page 6, line 12) that the supply of fluid 1 is made through multiple inlet openings, one per plate, which are arranged alternatively towards the first channel (12) or toward the second channel (13) of each plate. (the inlet openings are formed on top side 30).
Regarding claim 7, John Francis discloses (figure 5) that according to the alternate supply of fluid 1 to the first channel (12) or second channel (13) of each plate, the fluid in this plate circulates countercurrent to fluid 2 of the next plate of the three dimensional structure formed by the plurality of stacked plates. (see figure 5, page 5, lines 5-8)
Regarding claim 8, John Francis discloses (figure 5) that the supply of the fluid 2 is made through multiple inlet openings, one per plate, which are arranged alternately towards the first channel (12) or toward the second channels (13), following a sequence that is inverse to the sequence of the fluid 1 inputs. (the inlet openings are formed on top side 30, with fluid 1 and 2 enter on two opposite side, or reversed order, left to right and right to left)
Regarding claim 9, John Francis discloses (figures 4-5) that according to the alternate supply of fluid to the first channel (12) or second channel (13) of each plate, the fluid in this plate circulates countercurrent to the fluid 1 of the next plate of the three dimensional structure formed by the plurality of stacked plates. (the fluids flow in two opposite direction).
Regarding claim 10, John Francis discloses (figures 4-5) that the collection of the processed fluid 1 and 2 is made through multiple outlet openings, one per plate, through which the channels of the plates discharge the fluids toward their corresponding main collector double ducts. (36,37, multiple outlet openings are formed on the side of the plate stack to exit to outlet manifold 36 and 37).
PNG
media_image1.png
556
684
media_image1.png
Greyscale
Figure A: the modified figure corresponds to figure 5 with limitations shown the first, second main feed duct and the first and second collector duct.
Allowable Subject Matter
Claims 4-5 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims. The prior art of record either taken singularly or in combination fail to disclose the invention as claimed. In particular, reference to John Francis is the closest prior art but fail to disclose a pair of distribution headers operatively connected to each of the main feed double ducts and each of the main collector double ducts.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Ford Dixon (US 5,381,510A) discloses an inline fluid heating apparatus.
Brand Joshep H. (US 9,596,785B2) discloses a plate heat exchanger.
Klaba Henri (CA 3052817A1) discloses a thermal transfer device.
Kenny et al. (US 20200240721A1) discloses a heat exchanger with multipass fluid flow passages.
Person Erik (DE 102019105133A) discloses a tempering structure.
DE 212019000351U! discloses a heat exchanger with parallel flow elements to improve heat conduction.
Tomescu (US 11,412,640) discloses a plate cooler for aircraft electronic.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THO V DUONG whose telephone number is (571)272-4793. The examiner can normally be reached Monday through Friday 10-6PM.
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, Atkisson Jianying can be reached at 571-270-7740. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/THO V DUONG/Primary Examiner, Art Unit 3763