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 § 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) 1-10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nagai (U.S. Patent Publication No. 2022/0065153).
Regarding claim 1, Nagai discloses a heat exchanger (figs 1-4), comprising:
a shell (2) defining an internal room, an inlet (21) for a first heat exchange fluid, and an outlet (22) for the first heat exchange fluid,
the internal room comprising: at least one wall (3m, 3n) dividing said internal room into separate sections (ER1, ER2),
the separate sections including at least one first heat exchange section (4, ER1) and at least one second heat exchange section (4, ER2),
the first heat exchange section having a first heat exchange section inlet for the first heat exchange fluid and a first heat exchange section outlet for the first heat exchange fluid (see annotated fig 3 below), and
the second heat exchange section-having a second heat exchange section inlet for the first heat exchange fluid and a second heat exchange section outlet for the first heat exchange fluid (see annotated fig 3 below),
wherein at least one first tube bundle (4) is arranged inside the first heat exchange section and at least one second tube bundle (4) is arranged inside the second heat exchange section,
the first tube bundle having a first tube bundle inlet and a first tube bundle outlet and the second tube bundle having a second tube bundle inlet and a second tube bundle outlet (see annotated fig 3 below),
the first tube bundle inlet being connected to a first feed line (822) of a second heat exchange fluid and the second tube bundle inlet being connected to a second feed line (return line on the back side of the heat exchanger) of the second or a further heat exchange fluid,
at least one additional separate section (DR)being arranged inside said internal room, in between said first heat exchange section and said second heat exchange section,
the additional separate section having an additional separate section inlet for the first heat exchange fluid and an additional separate section outlet (ends of wall 3m, 3n) for the first heat exchange fluid,
the additional separate section being a first heat exchange fluid bypass section, wherein each heat exchange section is provided with respective flow regulating means (5m, 5n).
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Regarding claim 2, Nagai further discloses wherein the flow regulating means (5m, 5n) of each heat exchange section are independent from the flow regulating means of the other heat exchange sections (see annotated fig 3 below).
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Regarding claim 3, Nagai further discloses wherein the first heat exchange fluid is a heating fluid (¶0027).
Regarding claim 4, Nagai further discloses wherein the heating fluid is an exhaust gas (¶0027).
Regarding claim 5, Nagai further discloses wherein the second and any further heat exchange fluid is a fluid to be heated (¶0027).
Regarding claim 6, Nagai further discloses wherein the fluid to be heated is water (¶0038).
Regarding claim 7, Nagai further discloses wherein the fluid to be heated of said first feed line is different (see annotated fig 3 below) from the fluid to be heated of said second feed line is water (¶0038).
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Regarding claim 8, Nagai further discloses wherein the fluid to be heated of said first feed line and the fluid to be heated of said second feed line is the same fluid, said first feed line and said second feed line being arranged in parallel (see annotated 3 below).
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Regarding claim 9, Nagai further discloses wherein each thermal exchange section can be isolated by the others and each tube bundle can be isolated by the others (see annotated fig 3 below).
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Regarding claim 10, Nagai further discloses wherein at least the first tube bundle and/or the second tube bundle is composed of two or more sections, arranged in series (see annotated fig 3 below).
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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.
5. Claim(s) 11-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nagai as applied to claim 1 above, and further in view of Gutlhuber (U.S. Patent No. 5161605).
Regarding claim 11, Nagai discloses all previous claim limitations. However, Nagai does not explicitly disclose wherein the first tube bundle inlet and the first tube bundle outlet and/or the second tube bundle inlet and the second tube bundle outlet, are arranged counterflow relative to said inlet for the first heat ex-change fluid and said outlet for the first heat exchange fluid. Gutlhuber, however, discloses a system (fig 5) wherein a first tube bundle inlet and a first tube bundle outlet are arranged counterflow relative to an inlet for a first heat ex-change fluid and an outlet for the first heat exchange fluid. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for Nagai to provide the counter flow arrangement of Gutlhuber in order to optimize the heat exchange between the fluids.
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Regarding claim 12, Nagai discloses all previous claim limitations. However, Nagai does not explicitly disclose wherein an additional heat exchanger is arranged upstream the separate sections, the additional heat exchanger being smaller than the heat exchanger. Gutlhuber, however, discloses a system (fig 5) wherein an additional heat exchanger is arranged upstream the separate sections, the additional heat exchanger being smaller than the heat exchanger (see annotated fig 5 below). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for Nagai to provide the heat exchanger arrangement of Gutlhuber in order to optimize the heat exchange between the fluids.
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6. Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nagai as applied to claim 1 above, and further in view of Kitayama (Japanese Patent Publication JP2014222034A).
Regarding claim 13, Nagai discloses all previous claim limitations. However, Nagai does not explicitly disclose wherein a control system is present, wherein the control system comprises differential pressure indicators of the flow of each separate section provided with a respective tube bundle. Kitayama, however, discloses a heat exchanger system (fig 6) wherein a control system comprises differential pressure indicators (101a, 101b) of the flow of separate sections provided with a respective tube bundle (¶0015). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for Nagai to provide the pressure indicators of Kitayama in order to ensure the optimal flow through the sections.
Conclusion
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to HARRY E ARANT whose telephone number is (571)272-1105. The examiner can normally be reached Monday-Friday 10-6 ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jianying Atkisson can be reached at (571)270-7740. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HARRY E ARANT/ Primary Examiner, Art Unit 3763