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 .
Specification
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.
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) 1-3, 6-7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Slaughter (US 20080149299).
Regarding claim 1,
Referring to Fig. 11, 13, Slaughter teaches a structure for heat exchange (see abstract), the structure comprising: a partition wall structure (see par. 29) that forms a first flow channel space (not labeled, see par. 29) and a second flow channel space (not labeled, see par. 29) with the first flow channel space and the second flow channel space separated from each other (see par. 29), the first flow channel space being a space in which a plurality of first flow channels extending spirally in a certain direction are formed in communication with each other (e.g. as the channels are formed of helicoid surfaces, see par. 6, 29), the second flow channel space being a space in which a plurality of second flow channels extending spirally in the certain direction are formed in communication with each other (see par. 29), wherein two adjacent first flow channels among the plurality of first flow channels are formed such that, when viewed along the direction in which the plurality of first flow channels extend, one first flow channel of the two adjacent first flow channels turns in a first direction, and the other first flow channel of the two adjacent first flow channels turns in a second direction opposite to the first direction (see pars. 29, 39), and two adjacent second flow channels among the plurality of second flow channels are formed such that, when viewed along the direction in which the plurality of second flow channels extend, one second flow channel of the two adjacent second flow channels turns in the first direction, and the other second flow channel of the two adjacent second flow channels turns in the second direction opposite to the first direction (see pars. 29, 39).
Regarding claim 2,
Slaughter teaches wherein the partition wall structure has a first flow channel element 40 and a second flow channel element 42 alternately disposed, the first flow channel element being formed based on a first helicoid curved surface that forms the first flow channel (see pars. 6, 29) and the second flow channel that turn in the first direction, the second flow channel element being formed based on a second helicoid curved surface that forms the first flow channel and the second flow channel that turn in the second direction (see pars. 6, 29).
Regarding claim 3,
Slaughter teaches wherein the partition wall structure is formed such that a ratio of a volume occupied by the first flow channel to a volume occupied by the second flow channel in a unit volume is uniform (see Fig. 13).
Regarding claim 6,
Slaughter teaches wherein the partition wall structure is formed such that the plurality of first flow channels and the plurality of second flow channels extend in a linear shape or in a curved shape (see pars. 6, 29).
Regarding claim 7,
Slaughter teaches a heat exchanger, comprising the structure according to claim 1.
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 (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 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 4-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Slaughter.
Regarding claim 4,
Slaughter does not teach wherein the partition wall structure is formed such that a ratio of a volume occupied by the first flow channel to a volume occupied by the second flow channel in a unit volume varies.
However, it has been held that claims directed to (the size of) a specific element were held unpatentable over prior art elements because limitations relating to the size of the elements were not sufficient to patentably distinguish over the prior art. Similarly, it has been held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device (see MPEP 2144.04 IV A).
Regarding claim 5,
The subject matter of claim 5 is directed towards essentially the same subject matter as claim 4 and has been addressed in the rejection of claim 4.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Manzo teaches a heat exchanger with a helicoid curved surface.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVE S TANENBAUM whose telephone number is (313)446-6522. The examiner can normally be reached M-F 11 AM - 7 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, Frantz Jules can be reached at (571) 272-6681. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Steve S TANENBAUM/Examiner, Art Unit 3763
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