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 1-14 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.
The term “smoothly” in claim 1 is a relative term which renders the claim indefinite. The term “smoothly” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. For examining purposes the term will be interpreted under its merits.
Claims 2-14 are rejected due to their dependency on 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.
Claim(s) 1-5 and 8-13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhang et al. (Chinese Patent Publication CN107504850A, “Zhang”).
Regarding claim 1, Zhang discloses a heat exchanger core (figs 1, 2) comprising:
a plurality of first medium channels (2, 3) along which a first medium is directed from a first first medium channel end to a second first medium channel end (see annotated fig 1 below); and
a plurality of second medium channels (between the first medium channels) along which a second medium is directed from a first second medium channel end to a second second medium channel end (see annotated fig 1 below);
wherein the first medium channels are formed to have a first portion (3) having a first cross-sectional shape and one or more second portions (2) having a second, different cross-sectional shape;
wherein the channel transitions smoothly from the first to the second cross-sectional shape (fig 1).
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Regarding claim 2, Zhang further discloses wherein the plurality of first medium channels (2, 3) run in a direction transverse to the plurality of second medium channels (between the first medium channels, see fig 1).
Regarding claim 3, Zhang further discloses a plurality of layers each having a plurality of first medium channels, each layer separated by a layer of second medium channels (see annotated fig 1 below).
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Regarding claim 4, Zhang further discloses wherein the one or more second portions (2) is provided at both ends of the first medium channels and the first portion (3) is the portion of the first medium channels between the ends (see annotated fig 1 below).
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Regarding claim 5, Zhang further discloses wherein the one or more second portions (2) is provided at locations between the ends of the first medium channels (2, 3, see annotated fig 1 above).
Regarding claim 8, the limitation of the first medium being a hot fluid and the second medium being a cold fluid is considered an intended use limitation. 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 claims, as is the case here, i.e. the first medium could be relatively hot where the second medium could be relatively cold.
Regarding claim 9, the limitation of being “formed by additive manufacture” is considered a product-by-process limitation. In product-by-process claims, “once a product appearing to be substantially identical is found and a 35 U.S.C. 102/103 rejection [is] made, the burden shifts to the applicant to show an unobvious difference.” MPEP 2113. This rejection under 35 U.S.C. 102/103 is proper because the “patentability of a product does not depend on its method of production.” In re Thorpe, 227 USPQ 964, 966 (Fed. Cir. 1985).
Regarding claim 10, Zhang further discloses an inlet manifold (see annotated fig 1 below);
an outlet manifold (see annotated fig 1 below); and
a heat exchanger core as claimed in claim 1 located with and in fluid communication with the inlet manifold and the outlet manifold (see rejection of claim 1 above).
Regarding claim 11, Zhang further discloses wherein the first first medium channel end is in fluid communication with the inlet manifold and the second first medium channel end is in fluid communication with the outlet manifold (see annotated fig 1 below).
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Regarding claim 12, Zhang further discloses a second fluid inlet in fluid communication with the first second medium channel end and a second fluid outlet in fluid communication with the second second medium channel end (see annotated fig 1 below).
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Regarding claim 13, Zhang further discloses being a cross-flow heat exchanger (see fig 1).
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) 1, 6, 7, 10, and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Byfield (U.S. Patent Publication No. 2019/0033013) alone.
Regarding claim 1, Byfield discloses a heat exchanger core (fig 7b embodiment) comprising:
a plurality of first medium channels (12aa-12cd) along which a first medium is directed from a first first medium channel end (at 18, see fig 1a) to a second first medium channel end (at 26, see fig 1a); and
a plurality of second medium channels (14aa-14dd) along which a second medium is directed from a first second medium channel end (at 18) to a second second medium channel end (at 26).
However, in this embodiment, Byfield does not explicitly disclose wherein the first medium channels or the second medium channels are formed to have a first portion having a first cross-sectional shape and one or more second portions having a second, different cross-sectional shape;
wherein the channel transitions smoothly from the first to the second cross-sectional shape.
However, in another embodiment (fig 10a-fig 10c), Byfield discloses wherein first medium channels (14) and second medium channels (12) are formed to have a first portion having a first cross-sectional shape (at E1) and second portions (at E2) having a second, different cross-sectional shape (fig 10a and 10c);
wherein the channel transitions smoothly from the first to the second cross-sectional shape (fig 10b).
Byfield teaches that this configuration allows for control of heat transfer through the length of the channels (¶0111). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for Byfield to provide the different cross sections to the embodiment of fig 7b in order to optimize the heat transfer between the channels.
Regarding claim 6, Byfield further discloses wherein the first cross-sectional shape (pf 12) is an elliptical shape (fig 7b) and the second cross-sectional shape (of 14) is a non-elliptical shape (fig 7b).
Regarding claim 7, Byfield further discloses wherein the second cross-sectional shape (of 14) is a substantially circular shape (fig 7b).
Regarding claim 10, Byfield further discloses an inlet manifold (MC, fig 1b, ¶0155);
an outlet manifold(MH); and
a heat exchanger core as claimed in claim 1 located with and in fluid communication with the inlet manifold and the outlet manifold (see rejection of claim 1).
Regarding claim 14, Byfield further discloses a counter-flow heat exchanger (¶0033).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HARRY E ARANT whose telephone number is (571)272-1105. The examiner can normally be reached Monday-Friday 10-6 ET.
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/HARRY E ARANT/Primary Examiner, Art Unit 3763