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 Objections
Claim 8 is objected to because of the following informalities. The limitation of “an air conditioning comprising at least one heat exchanger” appears to be a typographical error of “an air conditioning system comprising at least one heat exchanger”. Appropriate correction is required.
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 1-9 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 the claim 1, the limitation of “it” renders the scope of the claim indefinite since it is not clear whether applicant refers “it” to “a plate heat exchanger” or “a plate exchanger block” or “internal plates” or else.
Regarding the claims 8 and 9, the limitation of “it” renders the scope of the claim indefinite since it is not clear whether applicant refers “it” to “at least one heat exchanger” or “a plate exchanger block” or “internal plates” or else. Regarding claim 7, the limitation of “further comprising two lateral encapsulation plates” renders the scope of the claim indefinite since it is not clear whether these two lateral encapsulation plates are additional plates to “at least one lateral encapsulation plates” cited in claim 1 or at least one lateral encapsulation plate has two lateral encapsulation plates.
Claims 2-6 are further rejected as they depend on claim 1.
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.
Claims 1-3 and 5-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Takubo Sadao (US 20130160970A1), hereinafter Takubo. Regarding claim 1, Takubo discloses (figures 2-4 and figure A shown below) a plate heat exchanger (1), configured for a heat exchange between a first fluid flowing in a first pass (7) and a second fluid flowing in a second pass (8); the fluids flowing between two external plates (11,12), the plate heat exchanger comprising a plate block (3) comprising a plurality of internal plates (layers of 4, 4a,4b) arranged substantially in parallel with the external plates, the first fluid and the second fluid flowing in spaces (7,8) between the internal plates, characterized in that it comprises at least one lateral encapsulate plate (13) extending substantially orthogonally to the internal plates, each lateral encapsulation plate (13) being fixed in contact with the external plates (11,12) (see figure 3) so as to laterally close the second pass (figures 2 and 3), each lateral encapsulation plate (13) extending facing a face of the plate exchanger block having no bars closing the second pass (see figure A), the face being provided with bars closing the first pass (curved section closing the first pass 7, see figure A).
Regarding claim 2, Takubo discloses (figure 3) each lateral encapsulation plate (13) has a main, rectangular, planar portion.
Regarding claim 3, Takubo further discloses (figure 3 and figure B) that each lateral encapsulation plate (13) has at least one first longitudinal shoulder (see figure B) shaped to be able to form a band for an inlet (21) for the second fluid and/or an outlet for the second fluid.
Regarding claim 5, Takubo further discloses that each lateral encapsulation plate (13) is configured so as not be in contact with the internal plates (4). (see figure 3 and figure A)
Regarding claim 6, Takubo further discloses (figure 3) that the plate heat exchanger is configured for a counterflow heat exchange between the first fluid flowing in the first pass (7) and the second fluid flowing in the second pass (8).
Regarding claim 7, Takubo further discloses (figure 1) two lateral encapsulation plates. (13 and 14).
Regarding claim 8, Takubo further discloses that the heat exchanger is used in an air-conditioning system.(figure 1 and paragraph 1)
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Figure A: the modified figure corresponds to figure 3 of Takubo with limitations shown.
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Figure B: the modified figure corresponds to figure 2 of Takubo with limitation of claim 3 shown.
Claims 1-4 and 7-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rothman Edward (US 3,517,731). Regarding claim 1, Rothman discloses (figures 1-3) a plate heat exchanger (10), configured for a heat exchange between a first fluid flowing in a first pass (inlet 16 and outlet 18) and a second fluid flowing in a second pass (inlet 12 and outlet 14); the fluids flowing between two external plates (top and bottom plate 26, 28 shown in figures 1 and 3), the plate heat exchanger comprising a plate block (20) comprising a plurality of internal plates (plates 26,28 between topmost and bottommost plate 26,28) arranged substantially in parallel with the external plates, the first fluid and the second fluid flowing in spaces between the internal plates, characterized in that it comprises at least one lateral encapsulate plate (22,24) extending substantially orthogonally to the internal plates, each lateral encapsulation plate being fixed in contact with the external plates (see figure 1, the plate 22, 24 being fixed to the topmost and bottommost plate 22,28, column 2, lines 16-18) so as to laterally close the second pass. There are two possible interpretations of the second pass.
The first interpretation is that the second pass is the pass 36 (Figure C shown below), in which any escapement of fluid can flow through 36. In this interpretation the encapsulation plate (22,24) laterally blocks the second pass (36) (column 2, lines 16-18). Each lateral encapsulation plate (22, 24) extending facing a face of the plate exchanger block (20) having no bars closing the second pass (face of header that is in contact with header 14), the face being provided with bars closing the first pass. (see figure C).
The second interpretation is that the second pass is the pass flowing through fins 30, see figure D below). In this interpretation, the encapsulation plate (22, 24) laterally closes the second pass from entering encapsulated chamber formed encapsulated plate (22,24) (see figure D), each lateral encapsulation plate (22,24) extending facing a face of the plate exchanger block having no bars closing the second pass, the face being provided with bars closing the first pass (see figure D).
Regarding claim 2, Rothman Edward discloses (figure D) each lateral encapsulation plate (22) has a main, rectangular, planar portion.
Regarding claim 3, Rothman Edward further discloses that each lateral encapsulation plate (22,24) has at least one first longitudinal shoulder (22) shaped to be able to form a band for an inlet for the second fluid and/or an outlet (14) for the second fluid.
Regarding claim 4, Rothman Edward further discloses (figure D) that each lateral encapsulation plate (22,24) has at least one second longitudinal shoulder shaped to be able to extend in contact with a band for an inlet (16) and/or an outlet for the first fluid.
Regarding claim 7, Rothman Edward further discloses (figure 1) two lateral encapsulation plates. (there are four lateral encapsulation plates 22, 24).
Regarding claim 8, Rothman Edward further discloses that the heat exchanger is used in an air-conditioning system.(cooling a cabin, column 1, lines 28-29)
Regarding claim 9, Rothman Edward further discloses that the heat exchanger is used in an aircraft. (for aircraft, column 1, line 26).
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Figure C: the modified figure corresponds to the first interpretation.
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Figure D: the modified figure corresponds to the second interpretation.
Claim Rejections - 35 USC § 103
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 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 6 is rejected under 35 U.S.C. 103 as being unpatentable over Rothman Edward in view of St. Rock et al. (US 11,333,438B). Rothman Edward substantially all of applicant’s claimed invention as discussed above except for the limitation that the heat exchanger is configured for a counterflow heat exchange between the first fluid flowing in the first pass and the second fluid flowing in the second pass. St Rock discloses (figures 2A-2B and column 3, lines 14-21) a heat exchanger that is configured for a counter flow heat exchange between the first fluid (12) flowing in the first pass and the second fluid (14) flowing in the second pass for a purpose of improving heat exchange performance of the heat exchanger since the fluids flow in opposite direction which increase the time they exchange heat with each other. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to use St. Rock’s teaching in Rothman Edward’s device for a purpose of improving heat exchange performance of the heat exchanger since the fluids flow in opposite direction which increase the time they exchange heat with each other.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Takubo Sadao (US 20130160970A1) in view of Rothman Edward (US 3,517,731). Takubo substantially discloses all of applicant’s claimed invention as discussed above except for the limitation of a vehicle in particular an aircraft that has an heat exchanger as in claim 1. Takubo discloses that the plate heat exchanger is used to conditioning a room. Rothman Edward discloses (for aircraft, column 1, line 26) a plate heat exchanger that is used in an aircraft for a purpose of conditioning air of a room (cabin). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to use Rothman Edward’s teaching in Takubo’s device for a purpose of conditioning air of a cabin of an aircraft.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Brunskill (US 5,214,935A) discloses a fluid conditioning apparatus.
Allen et al. (US 4,461,344) discloses a heat exchanger.
Fung (US 4,384,611) discloses a heat exchanger.
Cottingham (US 6,401,802) discloses a heat exchanger unit.
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/THO V DUONG/ Primary Examiner, Art Unit 3763