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 .
DETAILED ACTION
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 19-23 and 25-26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Applicant Admitted Prior Art (AAPA) in view of U.S. PGPUB 20120199331 to Maurer et al. (Maurer).
Regarding claim 19, AAPA teaches a shroud having a top and a bottom (206, Figure 2); a riser located in a central region of said steam generator (202, Figure 2); a tube bundle region within said steam generator between the riser and the shroud (204, Figure is between 202 and 206), said tube bundle region comprising a plurality of tubes (204 is a tube bundle per Paragraph 0005); an annular baffle extending radially away from the riser toward the shroud in the tube bundle region along at least part of a length of said shroud (208, Figure 2); and wherein said baffle comprises an annular sector comprising flat plates, each of said flat plates having at least one side edge (208 has at least one side having an edge).
AAPA is silent on a stepwise helical baffle.
Maurer teaches a stepwise helical baffle (82, Figure 3). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of AAPA with the teachings of Maurer to provide a stepwise helical baffle. Doing so would increase the heat transfer of the device.
Regarding claim 20, AAPA is silent on wherein said annular stepwise helical baffle extends from said bottom to said top of said shroud.
Maurer teaches wherein said annular stepwise helical baffle extends from said bottom to said top of said shroud (Figure 3, Paragraph 0046). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of AAPA with the teachings of Maurer to provide wherein said annular stepwise helical baffle extends from said bottom to said top of said shroud. Doing so would increase the heat transfer of the device.
Regarding claim 21, AAPA is silent on wherein said annular stepwise helical baffle comprises single helix.
Maurer teaches wherein said annular stepwise helical baffle comprises single helix (Figure 3, Abstract, and Paragraph 0046). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of AAPA with the teachings of Maurer to provide wherein said annular stepwise helical baffle comprises single helix. Doing so would increase the heat transfer of the device.
Regarding claim 22, AAPA is silent on wherein said annular stepwise helical baffle comprises multiple helices.
Maurer teaches wherein said annular stepwise helical baffle comprises multiple helices (Figure 3, Abstract, and Paragraph 0072). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of AAPA with the teachings of Maurer to provide wherein said annular stepwise helical baffle comprises multiple helices. Doing so would increase the heat transfer of the device and/or be a simple duplication of parts.
Regarding claim 23, the modified device of AAPA teaches wherein said plate side edges are straight (shown in Figure 2 of AAPA and Figures 2 and 3 of Maurer).
Regarding claim 25, the modified device of AAPA teaches wherein said plate side edges are arranged such that none of said tubes lay along said plate side edges (AAPA and Maurer both teach edges that are not along the tubes. Additionally, in normal design one would not have contact with at least one edge).
Regarding claim 26, the modified device of AAPA teaches wherein said an annular sector of plates forms a complete 360 degree annulus (shown in Figure 2 of AAPA and Figures 2-3 of Maurer).
Claim(s) 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over AAPA in view of Maurer and U.S. Patent 3006612 to Herbert (Herbert).
Regarding claim 24, AAPA is silent on wherein said plate side edges are corrugated.
Herbert teaches wherein said plate side edges are corrugated (14’, Figure 6, Col. 1 lines 62-64. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of AAPA with the teachings of Herbert to provide wherein said plate side edges are corrugated. Doing so would allow the desired pressure drop and heat transfer to be imparted upon the system depending on system needs.
Claim(s) 27-29 is/are rejected under 35 U.S.C. 103 as being unpatentable over AAPA in view of Maurer and U.S. Patent 3400758 to Suk Lee (Lee).
Regarding claim 27, AAPA is silent on wherein at least two of said plate edges are connected by a vertical plate.
Lee teaches wherein at least two of said plate edges are connected by a vertical plate (shown in Figure 2). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of AAPA with the teachings of Lee to provide wherein at least two of said plate edges are connected by a vertical plate. Doing so would allow the rate of flow to be adjusted, heat transfer increased, and/or provide a durable structure.
Regarding claim 28, AAPA is silent on wherein at least two of said plate edges are mechanically fastened.
Lee teaches wherein at least two of said plate edges are mechanically fastened (shown in Figure 2). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of AAPA with the teachings of Lee to provide wherein at least two of said plate edges are mechanically fastened. Doing so would allow the rate of flow to be adjusted, heat transfer increased, and/or provide a durable structure.
Regarding claim 29, AAPA is silent on wherein at least two of said plate edges are welded together.
Maurer teaches wherein at least two of said plate edges are welded together (Paragraphs 0041 and 0043). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of AAPA with the teachings of Maurer to provide wherein at least two of said plate edges are welded together. Doing so would make a separate structure into one by welding or use welding as another means of making a solitary structure because welding is a well-known attachment technique and shown as an equivalent alternative in Maurer.
Claim(s) 30-32 is/are rejected under 35 U.S.C. 103 as being unpatentable over AAPA in view of Maurer and U.S. Patent 5853549 to Sephton (Sephton).
Regarding claim 30, AAPA is silent on wherein said tube bundle region is spaced from said shroud to form a gap between said tube bundle region and said shroud, said gap being sealed by vertical baffles.
Sephton teaches wherein said tube bundle region is spaced from said shroud to form a gap between said tube bundle region and said shroud, said gap being sealed by vertical baffles (Figures 2B walls enclosing regions 69-73). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of AAPA with the teachings of Sephton to provide wherein said tube bundle region is spaced from said shroud to form a gap between said tube bundle region and said shroud, said gap being sealed by vertical baffles. Doing so would allow other functions to be performed in the device and provide more equal spacing for heat transfer of the tube bundles.
Regarding claim 31, the modified device of AAPA teaches wherein said vertical baffles are fixed to said shroud (shown in Figured 2B of Sephton).
Regarding claim 32, the modified device of AAPA teaches wherein said vertical baffles are fixed to said vertical baffles (shown in Figure 2B of Sephton and AAPA and Maurer teaches the flat plates attached to the walls).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 19 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 of U.S. Patent No. 12130009. Although the claims at issue are not identical, they are not patentably distinct from each other because Claim 1 of 12130009 is more narrow than claim 19 of this application.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN S ANDERSON II whose telephone number is (571)272-2055. The examiner can normally be reached M-F 8-5.
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/STEVEN S ANDERSON II/Primary Examiner, Art Unit 3762