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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “the connecting tube is connected to each of the cover plates” in Claim 7 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities:
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
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.
Claims 1-13 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Regarding Claim 1, the limitation “a hole formed in the heat transfer plate between one of the two first ports located on the side and the heat transfer plate edge in a second direction, which is fluidly communicated to the first fluid channel and fluidly isolated from the second fluid channel” in ll. 10 is indefinite, in context, since it cannot be discerned what fluid communication is being put forth within the claim. Does the hole allow for the passage of the first working fluid continuously, similar to the inlet or outlet port, is the hole sealed or does the fluid communication entirely derive from leaked first fluid? For Examination purposes and in accordance with the specification and drawings, “a hole formed in the heat transfer plate between one of the two first ports located on the side and the heat transfer plate edge in a second direction, which is fluidly communicated to the first fluid channel and fluidly isolated from the second fluid channel” will be interpreted as –a hole formed in the heat transfer plate between one of the two first ports located on the side and the heat transfer plate edge in a second direction, which is capable of being fluidly communicated to the first fluid channel and fluidly isolated from the second fluid channel--.
Regarding Claim 7, the limitation “the connecting tube is connected to each of the cover plates” in ll. 1 is indefinite, in context, since it cannot be discerned how the connecting tube is fluidly communicated to the hole (as put forth in Claim 6) and fluidly communicated to the first fluid channel (as put forth in Claim 1). It is unclear as to how the tube is connected to both end plates, thereby spanning the depth of the heat exchanger yet allows for fluid communication between the first fluid channels and the hole. For Examination purposes and in accordance with the specification and drawings, “the connecting tube is connected to each of the cover plate” will be interpreted as – the connecting tube is connected to each of the cover plate, wherein working fluid is in contact with any portion of the connecting tube--.
Regarding Claim 8, the limitation “to detect whether a heat exchange medium in the second fluid channel is leaked” in ll. 1 is indefinite, in context, since it cannot be discerned how the second fluid is fluidly connected to the hole/connecting tube, wherein the independent claim put forth that the hole is isolated from the second fluid channel. For Examination purposes and in accordance with the specification and drawings, “to detect whether a heat exchange medium in the second fluid channel is leaked” will be interpreted as – capable of detecting in any manner whether a fluid has leaked --.
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 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 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Crawford (US PG Pub. 2012/0267084A1), hereinafter referred to as Crawford.
Regarding Claim 1, Crawford discloses a plate heat exchanger comprising:
a plurality of heat transfer plates stacked in a first direction (shown in figure 1), wherein the heat transfer plate is configured to have a heat transfer plate edge on its side in a second direction perpendicular to the first direction (shown in figure 1, wherein the left or right side edge extends in a second or vertical direction);
first (flow channels for fluid “E” as shown in figure 1) and second (flow channels for fluid “F” as shown in figure 1) fluid channels formed between adjacent heat transfer plates (shown in figures 1-2 and 4) and fluidly isolated from each other (shown in figure 1, “separate fluid streams”, (¶21));
two first ports (ports that align with connectors 20 and 22) formed in the heat transfer plate on the side and an opposite other side of the heat transfer plate in the second direction, respectively, and fluidly communicated to the first fluid channel (shown in figures 1-2); and
a hole (52) formed in the heat transfer plate (shown in figure 2) between one of the two first ports located on the side and the heat transfer plate edge in a second direction (shown in figure 2), which is fluidly communicated to the first fluid channel (the hole (52) fluidly communicates with fluid “E” through the port leak groove (64’) and fluidly isolated from the second fluid channel (“The double-wall construction of the heat exchanger 10 will prevent the leaking fluid of the fluid passageway `F` from mixing with the fluid within the fluid passageway `E`”, ¶40).
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 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 of this title, 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.
Claims 1-6 and 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Bertilsson et al. (US PG Pub. 2015/0168075A1) in view of Hiwatashi et al. (US PG Pub. 2014/0311724A1), hereinafter referred to as Bertilsson and Hiwatashi, respectively.
Regarding Claim 1, Bertilsson discloses a plate heat exchanger comprising:
a plurality of heat transfer plates (A, B) stacked in a first direction (“a plurality of heat exchanger plates of at least two configurations which are joined to each other and which alternate with each other to form a stack of heat exchanger plates forming plate interspaces between the heat exchanger plates”, see abstract and figure 6), wherein the heat transfer plate is configured to have a heat transfer plate edge on its side in a second direction perpendicular to the first direction (shown in figures 4-5, wherein the left or right side edge extends in a second or vertical direction);
first (3) and second (4) fluid channels formed between adjacent heat transfer plates (shown in figure 6) and fluidly isolated from each other (“the first and second plate interspaces 3 and 4 are substantially completely separated from each other”, ¶42);
two first ports (8) formed in the heat transfer plate on the side and an opposite other side of the heat transfer plate in the second direction, respectively, and fluidly communicated to the first fluid channel (9, 10, see figures 4-5); and
a hole (20, shown in figure 6 through the upper end plate (6)) formed in the heat transfer plate (shown in figure 6), which is fluidly communicated to the first fluid channel and fluidly isolated from the second fluid channel (“a through hole 20 is arranged in the upper end plate 6, whereby a communication is made possible from the exterior of the plate package P to the plate interspace 3; 4 closest to the upper end plate 6”, ¶58, shown in figure 6, wherein the hole extends through a single plate into the interspace (3)). Although Bertilsson states, “Any arbitrary position is possible depending on the intended use of the through hole 20. The same principle is applicable to the lower end plate 7” (¶58), Bertilsson fails to explicitly disclose a hole formed in the heat transfer plate between one of the two first ports located on the side and the heat transfer plate edge in a second direction.
Hiwatashi, also drawn to a stacked plate heat exchanger with holes, teaches a hole (5d) formed in the heat transfer plate (20) between one of the two first ports (22) located on the side and the heat transfer plate edge in a second direction (shown in figure 4).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide the hole of Bertilsson being placed in the heat transfer plate between one of the two first ports located on the side and the heat transfer plate edge in a second direction, as taught by Hiwatashi, the motivation being to allow for the drainage of leaking working fluid by gravity in an instance where the heat exchanger is vertically installed.
Regarding Claim 2, a modified Bertilsson further teaches the second direction (shown in figures 4-5 of Bertilsson, wherein the vertical or longitudinal direction is the second direction) is a vertical direction (shown in figures 4-5 of Bertilsson), and the hole (20) is located in a bottom area of the plate heat exchanger in a state where the plate heat exchanger is being used (see Hiwatashi in the rejection of Claim 1, wherein the hole (5d) of Hiwatashi is situated in the lower area of the plate heat exchanger).
Regarding Claim 3, a modified Bertilsson further teaches a distance between a wall portion of the hole proximate and the heat transfer plate edge of the plate heat exchanger (see Hiwatashi in the rejection of Claim 1, wherein the hole (5d) of Hiwatashi is situated in the lowest area of the plate heat exchanger).
Bertilsson fails to explicitly disclose a distance between a wall portion of the hole proximate to the heat transfer plate edge and the heat transfer plate edge of the plate heat exchanger is in a range from 2 to 30 mm. Since Bertilsson does disclose that the hole may be placed anywhere on the cover plate and Hiwatashi teaches that the hole is placed at the lowest area of the heat exchanger plate within the fluid flow path for draining; the hole being placed in the lower portion of the plate constitutes a defined distance relative to the lowest edge. Therefore, the distance from the plate edge where the hole is placed is recognized as a result-effective variable, i.e. a variable which achieves a recognized result. In this case, the recognized result is that a larger distance from the plate edge allows more leaking fluid to be stored within the heat exchanger prior to being drained or a greater amount of time expires prior to an end user being alerted that fluid is leaking within the heat exchanger, and vice versa. Therefore, since the general conditions of the claim, i.e. that a distance exists between a wall portion of the hole proximate to the heat transfer plate edge and the heat transfer plate edge of the plate heat exchanger, were disclosed in the prior art by Bertilsson and Hiwatashi, it is not inventive to discover the optimum workable range by routine experimentation, and it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide the plate member disclosed by Bertilsson having a distance between a wall portion of the hole proximate to the heat transfer plate edge and the heat transfer plate edge of the plate heat exchanger is in a range from 2 to 30 mm. Furthermore, the range of 2 to 30 mm is recognized by the Examiner to be a very broad range, and a range that an ordinarily skilled artisan would have found obvious at the time of the invention See MPEP 2144.05 II.
Regarding Claim 4, a modified Bertilsson further teaches a cross-sectional area of the hole (shown in figure 5 of Bertilsson and figure 1 of Hiwatashi).
Bertilsson fails to explicitly disclose a minimum cross-sectional area of the hole is in a range from 2 to 200 mm2. Bertilsson does however disclose that the hole comprises a cross-sectional area for being utilized as a sensor carrier, a drain or a connector for tubing. Therefore, the cross sectional area of the hole is recognized as a result-effective variable, i.e. a variable which achieves a recognized result. In this case, the recognized result is that with an increased cross sectional area more interspaces are pierced, larger temperature sensors, pressure sensors, optic sensors, drainage plugs or inspection glasses may be deployed, the heat exchange capability decreases as the interspaces are cut and the structural integrity of the heat exchanger decreases as the end plates are reduced thereby reducing the joined surfaces between said end plate and the fins, other parameters remaining consistent. Therefore, since the general conditions of the claim, i.e. that the heat exchanger has a hole with a minimum cross sectional area, was disclosed in the prior art by Bertilsson, it is not inventive to discover the optimum workable range by routine experimentation, and it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide the hole of Bertilsson having a minimum cross-sectional area of the hole is in a range from 2 to 200 mm2. See MPEP 2144.05 II.
Regarding Claim 5, a modified Bertilsson further teaches the hole is configured for having a temperature sensor installed therein (“The at least one through hole may be arranged to receive a component contained in the group consisting of sensors such as temperature sensors, pressure sensors and optic sensors, plugs, such as drainage plugs or inspection glasses and connectors for tubings. It is to be understood that these are not limiting examples of components possible to be applied”, ¶16).
Regarding Claim 6, a modified Bertilsson further teaches a connecting tube (36 of Bertilsson) fluidly communicated to the hole (“The collar 34 and the sleeve 36 will be coaxial with the resulting through hole 20 and have a longitudinal extension L slightly exceeding the thickness of the base material 32”, ¶66).
Regarding Claim 8, as best understood, although Bertilsson discloses teaches the connecting tube (36) is configured for having a detector installed therein (“The at least one through hole may be arranged to receive a component contained in the group consisting of sensors such as temperature sensors, pressure sensors and optic sensors, plugs, such as drainage plugs or inspection glasses and connectors for tubings”, ¶16), Bertilsson fails to disclose the detector is used to detect whether a heat exchange medium in the second fluid channel is leaked.
Hiwatashi, also drawn to a stacked plate heat exchanger with holes, teaches a connecting tube (8) is configured for having a detector installed therein (“A sensor may be mounted also on each drain nozzle 8 although not illustrated”, ¶76), which is used to detect whether a heat exchange medium in the second fluid channel is leaked (“the drain nozzle 8 is mounted on the drain channel 5v; and a sensor adapted to detect a fluid is connected to the drain nozzle 8. This makes it possible to detect any leakage of fluid from the drain nozzle 8. The sensor accurately detects, for example, any or all of the temperature, pressure, leakage amount, and components of the leaking fluid, and thereby allows proper remedial measures to be taken”, ¶97).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide the heat exchanger of Bertilsson with the detector being used to detect whether a heat exchange medium in the second fluid channel is leaked, as taught by Hiwatashi, the motivation being to allow for “proper remedial measures to be taken”, ¶97).
Regarding Claim 9, a modified Bertilsson further teaches two second ports (8) formed in the heat transfer plate on the side and the opposite other side of the heat transfer plate in the second direction (shown in figures 4-5), respectively, and fluidly communicated to the second fluid channel (11, 12, see figures 4-5), the hole comprises one hole located between the one of the two first ports and one of the two second ports located on the side in a third direction perpendicular to the first and second directions (“Any arbitrary position is possible depending on the intended use of the through hole 20”, ¶58).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Bertilsson et al. (US PG Pub. 2015/0168075A1) in view of Hiwatashi et al. (US PG Pub. 2014/0311724A1), as applied in Claims 1-6 and 8-9 above and in further view of Helin et al. (US PG Pub. 2004/0134637A1), hereinafter referred to as Helin.
Regarding Claim 7, although Bertilsson discloses a connecting tube (36) piercing the end plate of the heat exchanger and two cover plates (6-7) between which the plurality of heat transfer plates are disposed (shown in figure 6), Bertilsson fails to disclose two cover plates between which the plurality of heat transfer plates are disposed, wherein the connecting tube is connected to each of the cover plates.
Helin, also drawn to a stacked plate heat exchanger with holes and a sensor, teaches two cover plates (10, 11) between which the plurality of heat transfer plates (1) are disposed (shown in figure 5), wherein the connecting tube is connected to each of the cover plates (shown in figures 5-6).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide the heat exchanger of Bertilsson with two cover plates between which the plurality of heat transfer plates are disposed, wherein the connecting tube is connected to each of the cover plates, as taught by Helin, the motivation being to create “a large contact surface a significant driving force is obtained for said sensing means, for instance a control valve, the valve position of which is controlled by means of said medium. Moreover, by the sensor device according to the invention a small time constant and a short dead time are obtained, i.e. a very quick reaction to changes of the temperature of any of the fluids is thus obtained” (¶7).
Claims 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Bertilsson et al. (US PG Pub. 2015/0168075A1) in view of Hiwatashi et al. (US PG Pub. 2014/0311724A1), as applied in Claims 1-6 and 8-9 above and in further view of Zhang et al. (Translation of CN113295025A), hereinafter referred to as Zhang.
Regarding Claim 7, although Bertilsson discloses a connecting tube (36) piercing the end plate of the heat exchanger and two cover plates (6-7) between which the plurality of heat transfer plates are disposed (shown in figure 6), Bertilsson fails to disclose two cover plates between which the plurality of heat transfer plates are disposed, wherein the connecting tube is connected to each of the cover plates.
Zhang, also drawn to a stacked plate heat exchanger with holes and a sensor, teaches two cover plates (shown in figure 4) between which the plurality of heat transfer plates are disposed (shown in figure 4), wherein the connecting tube is connected to each of the cover plates (shown in figure 4, the connecting tube being formed around the collecting signal channel (5)).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide the heat exchanger of Bertilsson with two cover plates between which the plurality of heat transfer plates are disposed, wherein the connecting tube is connected to each of the cover plates, as taught by Zhang, the motivation being to create a channel throughout the stacked plate heat exchanger capable of detecting leaking working fluid within any layer of the stacked plates.
Regarding Claim 8, as best understood although Bertilsson discloses the connecting tube (36) is configured for having a detector installed therein (“The at least one through hole may be arranged to receive a component contained in the group consisting of sensors such as temperature sensors, pressure sensors and optic sensors, plugs, such as drainage plugs or inspection glasses and connectors for tubings”, ¶16), Bertilsson fails to disclose the detector is used to detect whether a heat exchange medium in the second fluid channel is leaked.
Zhang, also drawn to a stacked plate heat exchanger, teaches a detector is used to detect whether a heat exchange medium in the second fluid channel is leaked (“at the same time can be in the leakage collecting signal channel 5, the mounting interface adopts the form of pressure sensor for leakage signal capture”).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide the heat exchanger of Bertilsson with the detector being used to detect whether a heat exchange medium in the second fluid channel is leaked, as taught by Zhang, the motivation being to prevent “the whole system from being scrapped; it safety the operation of the system, and reduces the use cost”, see abstract).
Claims 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Bertilsson et al. (US PG Pub. 2015/0168075A1) in view of Hiwatashi et al. (US PG Pub. 2014/0311724A1), as applied in Claims 1-6 and 8-9 above and in further view of Johansson (USP 6142221A), hereinafter referred to as Johansson.
Regarding Claim 10, although Bertilsson discloses two second ports (8) formed in the heat transfer plate on the side and the opposite other side of the heat transfer plate in the second direction (shown in figures 4-5), respectively, and fluidly communicated to the second fluid channel (11, 12, see figures 4-5), “It is to be understood that the invention is applicable also for plate heat exchangers having different configurations in terms of the number of plate interspaces, the number of port holes and the number of fluids to be handled”, (¶71), Bertilsson fails to disclose a third fluid channel formed between adjacent heat transfer plates and fluidly isolated from the first and second fluid channels; and two third ports formed in the heat transfer plate on the side and the opposite other side of the heat transfer plate in the second direction, respectively, and fluidly communicated to the third fluid channel.
Johansson, also drawn to a stacked plate heat exchanger, teaches a third fluid channel (channel for cooling fluid (x)) formed between adjacent heat transfer plates (shown in figure 2) and fluidly isolated from the first and second fluid channels (“the invention relates to a stacked plate heat exchanger which accommodates three separate fluid circuits”); and two third ports formed in the heat transfer plate on a side and an opposite other side of the heat transfer plate in the second direction (shown in figure 1, being on opposite sides of the plate heat exchanger in the longitudinal direction), respectively, and fluidly communicated to the third fluid channel (shown in figures 1-2).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide the heat exchanger of Bertilsson with a third fluid channel formed between adjacent heat transfer plates and fluidly isolated from the first and second fluid channels and two third ports formed in the heat transfer plate on the side and the opposite other side of the heat transfer plate in the second direction, respectively, and fluidly communicated to the third fluid channel, as taught by Johansson, the motivation being to optimize heat transfer for multiple heat transfer fluids in a compact device thereby eliminating the need for further heat exchangers and providing “a three-circuit plate heat exchanger which is reliable in operation and cheap in manufacture”.
Regarding Claim 11, a modified Bertilsson further teaches the hole (20) is also fluidly isolated from the third (the third fluid channel is previously taught by Johansson in the rejection of Claim 10) fluid channel (Bertilsson discloses the hole being placed in fluid contact with a single fluid channel, wherein multiple fluid channels are isolated from one another). It is noted that Bertilsson discloses a hole (20) being formed to intersect a single fluid channel in a plate heat exchanger with multiple fluids (“It is to be understood that the invention is applicable also for plate heat exchangers having different configurations in terms of the number of plate interspaces, the number of port holes and the number of fluids to be handled”, (¶71)), wherein a modified Bertilsson having a third fluid channel does not alter the hole (20) intersecting only the first fluid channel.
Regarding Claim 12, a modified Bertilsson further teaches the hole comprises two holes (Bertilsson teaches that a plurality of holes (20) may be installed on the plate, “The through holes 20 may be used to receive or mount different types of sensors (not disclosed) such as temperature sensors, pressure sensors and optic sensors. The through holes 20 may also be used to mount plugs (not disclosed), such as drainage plugs or inspection glasses. Typical drainage plugs are drainage plugs for compressor oil and drainage plugs for system evacuation. The through holes 20 may also be used as separate inlets or outlets (not disclosed) for reversed cooling/heating duties”, ¶70)) disposed on opposite sides of the one of the two first ports in a third direction perpendicular to the first and second directions, respectively, and between one of the two second ports located on the side and one of the two third ports located on the side (Bertilsson teaches that the holes (20) may be installed anywhere on the plate, “(“Any arbitrary position is possible depending on the intended use of the through hole 20”, ¶58).
Claims 13 is rejected under 35 U.S.C. 103 as being unpatentable over Bertilsson et al. (US PG Pub. 2015/0168075A1) in view of Hiwatashi et al. (US PG Pub. 2014/0311724A1), as applied in Claims 1-6 and 8-9 above and in further view of Wand (USP 5462113A), hereinafter referred to as Wand.
Regarding Claim 13, Bertilsson fails to disclose the first fluid channel is configured to use a refrigerating medium as the heat exchange medium, and the second fluid channel is configured to use a refrigerant as the heat exchange medium.
Wand, also drawn to a stacked plate heat exchanger, teaches a first fluid channel is configured to use a refrigerating medium (“water”, col. 9 ll. 18) as the heat exchange medium, and a second fluid channel is configured to use a refrigerant as the heat exchange medium (“refrigerants”, col. 9 ll. 19).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide the heat exchanger of Bertilsson with the first fluid channel is configured to use a refrigerating medium as the heat exchange medium, and the second fluid channel is configured to use a refrigerant as the heat exchange medium, as taught by Wand, the motivation being that refrigerants and water are commonly utilized cooling mediums for providing heat transfer in heat exchangers, are not costly and widely available.
A recitation with respect to the manner in which a claimed apparatus is intended to be employed, regarding “the first fluid channel is configured to use a refrigerating medium as the heat exchange medium, and the second fluid channel is configured to use a refrigerant as the heat exchange medium”, does not differentiate the claimed apparatus from a prior art apparatus satisfying the structural limitations of the claims, as is the case here. Please see Section 2114 of the MPEP entitled Functional Language.
Claims 1, 6 and 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Cowan (USP 4903758A) in view of Crawford (US PG Pub. 2012/0267084A1).
Regarding Claim 1, as best understood, Cowan discloses a plate heat exchanger comprising:
a plurality of heat transfer plates (1) stacked in a first direction (shown in figure 2), wherein the heat transfer plate is configured to have a heat transfer plate edge on its side in a second direction perpendicular to the first direction (shown in figure 1, wherein the left or right side edge extends in a second or vertical direction);
first (flow channels between ports 6 and 7) and second (flow channels between ports 5 and 8) fluid channels formed between adjacent heat transfer plates (shown in figures 1-2) and fluidly isolated from each other (shown in figure 1, wherein the application of the gaskets (5c-8c) isolate the working fluids);
two first ports (5 and 8) formed in the heat transfer plate on the side and an opposite other side of the heat transfer plate in the second direction, respectively, and fluidly communicated to the first fluid channel (see figure 1); and
a hole (10) formed in the heat transfer plate (shown in figures 1-2), which is fluidly communicated to the first fluid channel and fluidly isolated from the second fluid channel (the hole is capable of being fluidly communicated with the first fluid channel during the leakage of the first fluid channel and is fluidly isolated from the second fluid channel when the second fluid channel is not leaking). Cowan fails to explicitly disclose a hole between one of the two first ports located on the side and the heat transfer plate edge in a second direction.
Crawford, also drawn to a stacked plate heat exchanger, teaches a hole (52) between one of the two first ports (D, shown on the front plate of figure 2) located on the side and the heat transfer plate edge in a second direction (shown in figure 2).
Cowan does however teach that a hole is utilized for the removal of leaked working fluid within a plate heat exchanger, thereby mitigating degradation or failure of said heat exchanger.
One of ordinary skill in the art would recognize that there is a need in the art to provide a hole within a plate heat exchanger to reduce the risk of degradation or failure of said heat exchanger due to leakage of working fluid. Therefore, when there are a finite number of identified, predictable solutions, i.e. place the hole between one of the two first ports located on the side and the heat transfer plate edge in a second direction or to not place the hole between one of the two first ports located on the side and the heat transfer plate edge in a second direction, a person of ordinary skill has a good reason to pursue the known options within his or her technical grasp. If this leads to the anticipated success, i.e. that the leaked working fluid will be removed from the heat exchanger, it is likely the product is not of innovation but of ordinary skill and common sense. In that instance, the fact that a combination was obvious to try might show it was obvious under 35 U.S.C. 103 (KSR Int' l Co. v. Teleflex Incl, 127 S. Ct. 1727, 1742, 82 USPQ2d 1385, 1396 (2007)).
Therefore, it would have been obvious to one of ordinary skill in the art, at the time of the effective filing date of the claimed invention, to modify Cowan, by having a hole between one of the two first ports located on the side and the heat transfer plate edge in a second direction, since choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success, is within the abilities of one having ordinary skill. See MPEP 2143(I)(E).
Regarding Claim 6, a modified Cowan further teaches a connecting tube (13) fluidly communicated to the hole (10, shown in figure 2).
Regarding Claim 8, as best understood, a modified Cowan further teaches the connecting tube (13) is configured for having a detector (11) installed therein, which is used to detect whether a heat exchange medium in the second fluid channel is leaked (“An electrode extending lengthwise of the apparatus and through apertures of the plates contacts the vented material when an unacceptable level of accumulation of vented material occurs in dead spaces adjacent the apertures”, see abstract).
Regarding Claim 9, a modified Cowan further teaches two second ports (6-7 of Cowan) formed in the heat transfer plate on the side and the opposite other side of the heat transfer plate in the second direction (shown in figure 1 of Cowan), respectively, and fluidly communicated to the second fluid channel (shown in figure 1 of Cowan), and wherein the hole comprises one hole located between the one of the two first ports and one of the two second ports located on the side in a third direction perpendicular to the first and second directions (shown in figure 1 of Cowan and figure 2 of Crawford).
Claims 10-12 are rejected under 35 U.S.C. 103 as being unpatentable over Crawford (US PG Pub. 2012/0267084A1) as applied in the rejection of Claim 1 and in further view of Johansson (USP 6142221A).
Regarding Claim 10, although Crawford discloses two second ports (ports that align with connectors 24 and 26) formed in the heat transfer plate on the side and the opposite other side of the heat transfer plate in the second direction (shown in figure 1), respectively, and fluidly communicated to the second fluid channel (shown in figures 1-2), Crawford fails to disclose a third fluid channel formed between adjacent heat transfer plates and fluidly isolated from the first and second fluid channels; and two third ports formed in the heat transfer plate on the side and the opposite other side of the heat transfer plate in the second direction, respectively, and fluidly communicated to the third fluid channel.
Johansson, also drawn to a stacked plate heat exchanger, teaches a third fluid channel (channel for cooling fluid (x)) formed between adjacent heat transfer plates (shown in figure 2) and fluidly isolated from the first and second fluid channels (“the invention relates to a stacked plate heat exchanger which accommodates three separate fluid circuits”); and two third ports formed in the heat transfer plate on a side and an opposite other side of the heat transfer plate in the second direction (shown in figure 1, being on opposite sides of the plate heat exchanger in the longitudinal direction), respectively, and fluidly communicated to the third fluid channel (shown in figures 1-2).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide the heat exchanger of Crawford with a third fluid channel formed between adjacent heat transfer plates and fluidly isolated from the first and second fluid channels and two third ports formed in the heat transfer plate on the side and the opposite other side of the heat transfer plate in the second direction, respectively, and fluidly communicated to the third fluid channel, as taught by Johansson, the motivation being to optimize heat transfer for multiple heat transfer fluids in a compact device thereby eliminating the need for further heat exchangers and providing “a three-circuit plate heat exchanger which is reliable in operation and cheap in manufacture”.
Regarding Claim 11, a modified Crawford further teaches the hole (52) is also fluidly isolated from the third fluid channel (Johansson teaches the third fluid channel as previously taught in the rejection of Claim 11, wherein Crawford teaches each plate comprises a hole (52) that intersects a single fluid path through leaking fluid. Therefore, a modified Crawford having a third fluid channel also comprises a hole (52) that intersects said fluid channel).
Regarding Claim 12, a modified Crawford further teaches the hole (52) comprises two holes disposed on opposite sides of the one of the two first ports in a third direction perpendicular to the first and second directions, respectively, and between one of the two second ports located on the side and one of the two third ports located on the side (Johansson teaches the third fluid channel as previously taught in the rejection of Claim 11, wherein Crawford teaches each plate comprises a hole (52) that intersects a single fluid path and is situated between adjacent port holes of different fluid flow paths. Therefore, a modified Crawford having a third fluid channel with three portholes being situated on a single longitudinal side of the heat exchanger, as taught by Johansson, also comprises two holes (52) that are situated between adjacent port holes of different fluid flow paths).
Claims 1, 6 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Helin (USP 4903758A) in view of Crawford (US PG Pub. 2012/0267084A1).
Regarding Claim 1, as best understood, Helin discloses a plate heat exchanger comprising:
a plurality of heat transfer plates (1) stacked in a first direction (shown in figures 5-6), wherein the heat transfer plate is configured to have a heat transfer plate edge on its side in a second direction perpendicular to the first direction (shown in figure 1, wherein the left or right side edge extends in a second or vertical direction);
first (3) and second (4) fluid channels formed between adjacent heat transfer plates (shown in figure 6) and fluidly isolated from each other (shown in figure 6);
two first ports (5 and 6) formed in the heat transfer plate on the side and an opposite other side of the heat transfer plate in the second direction, respectively (shown in figure 2), and fluidly communicated to the first fluid channel (“the porthole channels 5-8 form a first inlet porthole channel 5, which is arranged to transport the first fluid to the first passages 3, a first outlet porthole channel 6, which is arranged to transport the first fluid out from the plate heat exchanger from the first passages 3” ¶27)); and
a hole (the hole in each respective plate that forms the space (21)) formed in the heat transfer plate (shown in figures 5-6), which is fluidly communicated to the first fluid channel and fluidly isolated from the second fluid channel (shown in figure 6, the hole is formed directly adjacent the interspaces (3) and fluidly separated from the interspaces (4)). Helin fails to explicitly disclose a hole between one of the two first ports located on the side and the heat transfer plate edge in a second direction.
Crawford, also drawn to a stacked plate heat exchanger, teaches a hole (52) between one of the two first ports (D, shown on the front plate of figure 2) located on the side and the heat transfer plate edge in a second direction (shown in figure 2).
Helin does however teach that a hole is utilized for sensing leaked working fluid within a plate heat exchanger, thereby mitigating degradation or failure of said heat exchanger.
One of ordinary skill in the art would recognize that there is a need in the art to provide a hole within a plate heat exchanger to reduce the risk of degradation or failure of said heat exchanger due to leakage of working fluid. Therefore, when there are a finite number of identified, predictable solutions, i.e. place the hole between one of the two first ports located on the side and the heat transfer plate edge in a second direction or to not place the hole between one of the two first ports located on the side and the heat transfer plate edge in a second direction, a person of ordinary skill has a good reason to pursue the known options within his or her technical grasp. If this leads to the anticipated success, i.e. that the leaked working fluid will be removed from the heat exchanger, it is likely the product is not of innovation but of ordinary skill and common sense. In that instance, the fact that a combination was obvious to try might show it was obvious under 35 U.S.C. 103 (KSR Int' l Co. v. Teleflex Incl, 127 S. Ct. 1727, 1742, 82 USPQ2d 1385, 1396 (2007)).
Therefore, it would have been obvious to one of ordinary skill in the art, at the time of the effective filing date of the claimed invention, to modify Helin, by having a hole between one of the two first ports located on the side and the heat transfer plate edge in a second direction, since choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success, is within the abilities of one having ordinary skill. See MPEP 2143(I)(E).
Regarding Claim 6, a modified Helin further teaches a connecting tube (the tube formed by the flanges (31) as shown in figure 6) fluidly communicated to the hole (shown in figure 6).
Regarding Claim 7, a modified Helin further teaches two cover plates (10, 11) between which the plurality of heat transfer plates (1) are disposed (shown in figure 5), wherein the connecting tube is connected to each of the cover plates (shown in figures 5-6).
Conclusion
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/PAUL ALVARE/Primary Examiner, Art Unit 3763