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 Objections
Claims 1 and 4 are objected to because of the following informalities:
“wherein formed along a rim (1) of the sieve element are notches (2) the edges (2a) of which are given an arched shape with arms (2a’) parting away from each other towards the rim (1) of the sieve element” in claim 1 should read:
--wherein notches (2) formed along a rim (1) of the sieve element, edges (2a) of the notches are given an arched shape with arms (2a’) parting away from each other towards the rim (1) of the sieve element--.
“a tubular heat exchanger” in claim 4 should read --the tubular heat exchanger--.
Appropriate correction is required.
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, 2, 4 and 5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Khatami (US Patent No. 10,451,365).
Regarding claim 1, Khatami discloses a sieve element (tube sheet 311, Fig. 3) of a tubular heat exchanger (the tube sheet 311 is an improvement replacing a tube sheet 110A of heat exchanger 100 in Fig. 1B), comprising openings for heat exchanger tubes (apertures 320 receive ends of HX tubes, col. 6, lines 20-25), wherein notches (semi-circular recess features 319) formed along a rim (outer perimeter 317) of the sieve element (311), edges (semi-circular edge) of the notches (the recesses 319) are given an arched shape (semi-circular shape) with arms (two sides of the semi-circular shaped edge) parting away from each other towards the rim of the sieve element (the two sides extend from the deepest part of the recess 319 to the outer perimeter 317 of the tube sheet 311), wherein the notches are located behind the openings for the heat exchanger tubes situated closest to the rim of the sieve element (the recesses 319 are located behind or at a further outer portion of the tube sheet 311 than apertures 320 at the location of “320” in Fig. 3 closest to the outer perimeter 317).
Regarding claim 2, Khatami in claim 1 further discloses wherein a number of the notches (the tube sheet 311 in Fig. 3 includes 28 recesses 319. Noted that it is not necessary and the claim is not required to count all the recesses 319 around the outer perimeter 317) is the same as a number of the openings for the heat exchanger tubes which are situated closest to the rim of the sieve element (the number of 28 recesses 319 is the same as 28 apertures 320 closest to the outer perimeter 317).
Regarding claim 4, Khatami in claim 1 further discloses wherein the sieve element (311) forms a bottom (the tube sheet 311 replacing the tube sheet 110A is a bottom) of a combustion chamber (155) of the tubular heat exchanger (the heat exchanger 100 in Fig. 1B).
Regarding claim 5, Khatami in claim 1 further discloses wherein the sieve element (311) forms a transverse baffle (tube sheet 311 is a baffle of the combustion has transversely provided) of the tubular heat exchanger (in the heat exchanger 100 in Fig. 1B).
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.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Khatami (US Patent No. 10,451,365) alone.
Regarding claim 3, Khatami in claim 1 fails to disclose wherein the arched edge of the notches is given the shape of an elliptical arch.
Fig. 11 of Khatami discloses wherein the arched edge (2081) of the notches (recess feature 2019) is given the shape of an elliptical arch (the two sides of the edge 2081 are shaped as an elliptical arch that have a depth from a perimeter 1189 more than a width between the two sides). Khatami further discloses that example embodiments can be customizable with respect to any of a number of characteristics (col. 15, lines 47-51).
Therefore, the recesses 319 in Fig. 3 may be modified having the shape of an elliptical arch as claimed.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided wherein the arched edge of the notches is given the shape of an elliptical arch in Khatami, since it would have been an obvious matter of design choice to make the different portions of the arched edge or the notches of whatever form or shape was desired or expedient. A change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. In re Dailey et al., 149 USPQ 47.
Conclusion
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/JIANYING C ATKISSON/Supervisory Patent Examiner, Art Unit 3763
/F.K.L/Examiner, Art Unit 3763
