Prosecution Insights
Last updated: April 19, 2026
Application No. 18/765,794

Heat Exchanger Apparatus

Non-Final OA §102
Filed
Jul 08, 2024
Examiner
RUPPERT, ERIC S
Art Unit
3763
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Dandelion Energy Inc.
OA Round
1 (Non-Final)
59%
Grant Probability
Moderate
1-2
OA Rounds
2y 10m
To Grant
83%
With Interview

Examiner Intelligence

Grants 59% of resolved cases
59%
Career Allow Rate
437 granted / 739 resolved
-10.9% vs TC avg
Strong +24% interview lift
Without
With
+24.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
55 currently pending
Career history
794
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
48.5%
+8.5% vs TC avg
§102
21.1%
-18.9% vs TC avg
§112
27.3%
-12.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 739 resolved cases

Office Action

§102
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 . Election/Restrictions Applicant’s arguments with respect to the election of species requirement is found persuasive. The election of species requirement is hereby withdrawn, and thus Applicant’s election with traverse is considered moot. Applicant’s election of Group I in the reply filed on 1/28/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)). Claim Objections Claim 19 is objected to because of the following informalities: “and and” in lines 9-10 should read “and”. Claim 23 is objected to because “wherein first heat exchanger” should read “wherein the first heat exchanger.” Appropriate correction is required. Claim Interpretation Regarding claims 1-17 and 19-24, MPEP 2114 Il clearly states "[A]pparatus claims cover what a device is, not what a device does" and "A claim containing 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" if the prior art apparatus teaches all the structural limitations of the claim." In the instant case, the claimed invention is for a device with a particular structure and function and using said device as a condenser is an intended use of that device. It is further noted that operating temperatures and phase states of working fluids are similarly statements of intended use. 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) 1-17 and 19-24 is/are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by Jin (US20150107286). Regarding claim 1, Jin discloses a heat exchanger apparatus (see Fig. 1 & 4) comprising: a first heat exchanger (secondary heat exchanging unit 30) configured to receive a working fluid at a first temperature in a gaseous state and output the working fluid in a liquid state at a second temperature (condenses - ¶[0096]), wherein the second temperature is less than the first temperature; and a second heat exchanger (primary heat exchanging unit 20) configured to receive the working fluid in the liquid state at the second temperature and output the working fluid in the liquid state at a third temperature less than the second temperature (supercools - ¶[0096]), wherein the first heat exchanger defines a first area and the second heat exchanger defines a second area (see respective areas), wherein the first area is configured in parallel with the second area, and wherein a first fluid flows (see outdoor air AO – Fig. 4) into the second heat exchanger across the second area and out of the first heat exchanger across the first area. Regarding claim 2, Jin discloses the limitations of claim 1, and Jin further discloses the working fluid in the liquid state at the second temperature received by the second heat exchanger is subcooled and wherein the working fluid in the liquid state at the third temperature is further subcooled (¶[0096]). Regarding claim 3, Jin discloses the limitations of claim 1, and Jin further discloses the third temperature of the working fluid is approximately equal to a fourth temperature of the first fluid flowing into the second heat exchanger (Jin is capable of being operated in such a manner). Regarding claim 4, Jin discloses the limitations of claim 1, and Jin further discloses a first difference between the second temperature of the working fluid and the third temperature of the working fluid is greater than a second difference between the third temperature of the working fluid and a fourth temperature of the first fluid flowing into the second heat exchanger (Jin is capable of being operated in such a manner). Regarding claim 5, Jin discloses the limitations of claim 1, and Jin further discloses a first temperature difference between the first temperature and the second temperature is greater than a second temperature difference between the second temperature and the third temperature (Jin is capable of being operated in such a manner). Regarding claim 6, Jin discloses the limitations of claim 1, and Jin further discloses wherein a temperature of the first fluid increases as the first fluid flows through the first heat exchanger and further increases as the first fluid flows through the second heat exchanger, wherein a temperature increase of the first fluid from the first heat exchanger is greater than a temperature increase of the first fluid from the second heat exchanger (Jin is capable of being operated in such a manner). Regarding claim 7, Jin discloses the limitations of claim 1, and Jin further discloses the first fluid is air (outdoor air - AO). Regarding claim 8, Jin discloses the limitations of claim 1, and Jin further discloses the working fluid is refrigerant (refrigerant - ¶[0096]). Regarding claim 9, Jin discloses the limitations of claim 1, and Jin further discloses the working fluid in the first heat exchanger is configured in counterflow with the working fluid in the second heat exchanger (see counterflow directions of flow from 21 to 22 vs 32 to 31 of 30A). Regarding claim 10, Jin discloses the limitations of claim 1, and Jin further discloses wherein the first heat exchanger defines a first planar surface (see planar surface of 20A) and the second heat exchanger defines a second planar surface (see planar surface of 30A) substantially a same size as the first planar surface, wherein the first planar surface is parallel to and offset (see gap between 20A & 30A) from the second planar surface, and wherein the working fluid flows over the first and second planar surfaces, in counterflow (see counterflow directions of flow from 21 to 22 vs 32 to 31 of 30A), to transfer thermal energy with the first fluid across substantially all of the first and second planar surfaces. Regarding claim 11, Jin discloses the limitations of claim 1, and Jin further discloses the first area is approximately a same size as the second area (see respective areas). Regarding claim 12, Jin discloses the limitations of claim 1, and Jin further discloses wherein the first area is a first planar surface and the second area is a second planar surface (see respective surfaces). Regarding claim 13 Jin discloses the limitations of claim 1, and Jin further discloses the first heat exchanger (30) comprises: a first sub-heat exchanger (30B) configured to receive the working fluid at the first temperature in the gaseous state and output the working fluid at an intermediate temperature; and a second sub-heat exchanger (30A) configured to receive the working fluid at the intermediate temperature and output the working fluid in the liquid state at the second temperature. Regarding claim 14 Jin discloses the limitations of claim 13, and Jin further discloses the second sub-heat exchanger receives the working fluid in a gaseous state and outputs the working fluid in a liquid state (Jin is capable of being operated in such a manner). Regarding claim 15 Jin discloses the limitations of claim 13, and Jin further discloses the working fluid flows into the second sub-heat exchanger (30A) prior to flowing into the first sub-heat exchanger (30B). Regarding claim 16 Jin discloses the limitations of claim 13, and Jin further discloses the first sub-heat exchanger (30B) defines the first area and the second sub-heat exchanger (30A) defines a third area, wherein the first area is configured in parallel with the third area. Regarding claim 17 Jin discloses the limitations of claim 16, and Jin further discloses the first area is a first planar surface, the second area is a second planar surface, and the third area is a third planar surface substantially a same size as the first and second planar surfaces, wherein the first planar surface is parallel to and offset from the third planar surface, and wherein the working fluid flows over the first and third planar surfaces in counterflow, and wherein the working fluid flows over the second and third planar surfaces in counterflow, and wherein the working fluid transfers thermal energy with the first fluid across substantially all of the first, second, and third planar surfaces (see surfaces of 20A, 30A, 30B & flow of AO). Regarding claim 19, Jin discloses a heat exchanger apparatus (see Fig. 1 & 4) comprising: a first heat exchanger (30) configured to receive a refrigerant at a first temperature and output the refrigerant at a second temperature less than the first temperature (condenses - ¶[0096]); and a second heat exchanger (20) configured to receive the refrigerant at the second temperature and output the refrigerant at a third temperature less than the second temperature (supercools - ¶[0096]), wherein a gas (AO) flows into the second heat exchanger and out of the first heat exchanger, wherein a first temperature difference between the first temperature and the second temperature is greater than a second temperature difference between the second temperature and the third temperature, and wherein a temperature of the gas increases as the gas flows through the first heat exchanger and further increases as the gas flows through the second heat exchanger, wherein a temperature increase of the gas from the first heat exchanger is greater than a temperature increase of the gas from the second heat exchanger. Regarding claim 20 Jin discloses the limitations of claim 19, and Jin further discloses wherein the gas is air (AO). Regarding claim 21 Jin discloses the limitations of claim 19, and Jin further discloses the refrigerant is in a gaseous state at the first temperature and the refrigerant is in a liquid state at the second temperature (¶[0096]). Regarding claim 22 Jin discloses the limitations of claim 19, and Jin further discloses the second and third temperatures are greater than a temperature of the gas when the gas enters the second heat exchanger (Jin is capable of being operated in such a manner). Regarding claim 23 Jin discloses the limitations of claim 19, and Jin further discloses wherein first heat exchanger and the second heat exchanger are arranged in counterflow with the gas (see counterflow directions of flow from 21 to 22 vs 32 to 31 of 30A). Regarding claim 24 Jin discloses the limitations of claim 19, and Jin further discloseswherein: the first heat exchanger (30) defines a rectangular space arranged along a first plane; the second heat exchanger (20) defines a rectangular space arranged along a second plane in parallel with the first plane and separated by a gap (see gap between 20 and 30A/B); and the gas flows (AO) through the first and second heat exchangers perpendicular to the first and second planes. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Shinmura (US5176200), specifically, see Fig. 1 & 13 Seo (US20140311714), specifically, see Fig. 1 Deokar (US20220221186A1), specifically see Fig. 2A & 2B below for details not presently claimed but disclosed PNG media_image1.png 824 596 media_image1.png Greyscale 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. 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, 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. 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. /ERIC S RUPPERT/Primary Examiner, Art Unit 3763
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Prosecution Timeline

Jul 08, 2024
Application Filed
Jan 20, 2026
Response after Non-Final Action
Feb 11, 2026
Non-Final Rejection — §102 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
59%
Grant Probability
83%
With Interview (+24.1%)
2y 10m
Median Time to Grant
Low
PTA Risk
Based on 739 resolved cases by this examiner. Grant probability derived from career allow rate.

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