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 1-10 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 pre-AIA the applicant regards as the invention.
Claim 1 recites the limitation of “its”, wherein it is unclear what “its” is referring to. Specifically, it is unclear as to what the exact relationship the “its” have with the entire claim, since the term “its” is vague. Since the metes and bounds of the limitation cannot be ascertained, the limitation is indefinite, the claim is rendered indefinite and determined to be an antecedent basis issue.
Claim 2 recites the limitation of “its”, wherein it is unclear what “its” is referring to. Specifically, it is unclear as to what the exact relationship the “its” have with the entire claim, since the term “its” is vague. Since the metes and bounds of the limitation cannot be ascertained, the limitation is indefinite, the claim is rendered indefinite and determined to be an antecedent basis issue.
Claim 1 recites the limitation "the opposite plate”. There is insufficient antecedent basis for this limitation in the claim.
Claim 2 recites the limitation "the opposite plate”. There is insufficient antecedent basis for this limitation in the claim.
Claim 3 recites the limitation " the plates”. There is insufficient antecedent basis for this limitation in the claim.
Claim 4 recites the limitation " the plates”. There is insufficient antecedent basis for this limitation in the claim.
Claim 5 recites the limitation of “its”, wherein it is unclear what “its” is referring to. Specifically, it is unclear as to what the exact relationship the “its” have with the entire claim, since the term “its” is vague. Since the metes and bounds of the limitation cannot be ascertained, the limitation is indefinite, the claim is rendered indefinite and determined to be an antecedent basis issue.
Claim 6 recites the limitation " the stack of plates”. There is insufficient antecedent basis for this limitation in the claim.
Claim 7 recites the limitation " the plates”. There is insufficient antecedent basis for this limitation in the claim.
Claim 8 recites the limitation " the plates”. There is insufficient antecedent basis for this limitation in the claim.
Claim 9 recites the limitation " the plates”. There is insufficient antecedent basis for this limitation in the claim.
The remaining claims are rejected based on their dependency from a claim that has been rejected.
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.
Claim(s) 1-10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by FR ‘375 FR 3 086 375 Al.
Re claim 1, FR ‘375 teach a channel (para 4) intended for circulating fluid and formed by at least two plates (105), each including a bottom (106) and a section (140), the bottom extending in a first plane, the section extending in a plane that is parallel and offset with respect to the first plane, the bottom and the section being connected to one another by an intermediate portion (141) ,the bottom of at least one of the plates including a first protuberance (112a) , said first protuberance extending from its base to its top wall , said top wall being in contact with the bottom of the opposite plate and partially facing the intermediate portion of said plate (para 106-110).
Re claim 2, FR ‘375 teach wherein at least one of the plates includes at least one second protuberance, which extends from its base to a top wall , said top wall being in contact with the bottom of the opposite plate over the entirety of its surface (see the rejection of claim 1, fig 7 noting multiple 112a,b).
Re claim 3, FR ‘375 teach each of the plates includes at least one raised edge (107, 105, 108b), said at least one raised edge surrounding the bottom (fig 9) .
Re claim 4, FR ‘375 teach the bottom (106) and the at least one raised edge of each of the plates delimit the channel for circulating fluid (figs).
Re claim 5, FR ‘375 teach a heat exchanger (figs) comprising a channel (para 4) intended for circulating fluid and formed by at least two plates (figs, paras 2-4), each including a bottom and a section, the bottom extending in a first plane, the section extending in a plane that is parallel and offset with respect to the first plane, the bottom and the section being connected to one another by an intermediate portion, the bottom of at least one of the plates including a first protuberance, said first protuberance extending from its base to its top wall, said top wall being in contact with the bottom of the opposite plate and partially facing the intermediate portion of said plate (see the rejection of claim 1).
Re claim 6, FR ‘375 teach the stack of plates (105) forms an alternating arrangement of first channels and of second channels, which are intended to circulate a refrigerant and a heat-transfer liquid, respectively (paras 2-5).
Re claim 7, FR ‘375 teach wherein the section (120) of each of the plates is in contact with the bottom of the opposite plate (para 106-110; see the rejection of claim 1, fig 7 noting multiple 112a,b).
Re claim 8, FR ‘375 teach each of the plates includes at least four openings (noting openings are formed in the concave space under 112a, figs) .
Re claim 9, FR ‘375 teach wherein each of the sections of each of the plates includes one opening (noting openings are formed in the concave space under 112a, figs).
Re claim 10, FR ‘375 teach an (2) installation (figs) intended for thermal treatment of an element of a vehicle (paras 83-87, 3), comprising at least one heat exchanger having a channel intended for circulating fluid and formed by at least two plates, each including a bottom and a section, the bottom extending in a first plane, the section extending in a plane that is parallel and offset with respect to the first plane, the bottom and the section being connected to one another by an intermediate portion, the bottom of at least one of the plates including a first protuberance, said first protuberance extending from its base to its top wall, said top wall being in contact with the bottom of the opposite plate and partially facing the intermediate portion of said plate (see the rejections of claims 1 and 5).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 20200072561 A1, US 20200003502 A1, US 20170241716 A1.
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/GORDON A JONES/Examiner, Art Unit 3763