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 .
Status of Claims
The status of the claims as filed in the submission dated 1/9/2025 are as follows:
Claims 1-15 are cancelled by the applicant;
Claims 16-31 are newly added;
Claims 16-31 are pending and are being examined.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Drawings
The drawings are objected to because:
The two figures are zoomed in sectional figures, thereby rendering it unclear what is exactly being illustrated. The second figure has no clear correlation to the first figure, wherein it is unclear what cross section of figure 1 the view of figure 2 is being seen from. Further, figure 1 comprises an incomplete illustration of the heat exchanger, thus rendering it unclear what is being shown. Due to the lack of perspective and overall details, the figures fail to properly illustrate the invention.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
The following title is suggested: “Heat Exchange Comprising Retaining Elements for Reservoir”, or something similarly descriptive.
Applicant is reminded of the proper content of an abstract of the disclosure.
A patent abstract is a concise statement of the technical disclosure of the patent and should include that which is new in the art to which the invention pertains. The abstract should not refer to purported merits or speculative applications of the invention and should not compare the invention with the prior art.
If the patent is of a basic nature, the entire technical disclosure may be new in the art, and the abstract should be directed to the entire disclosure. If the patent is in the nature of an improvement in an old apparatus, process, product, or composition, the abstract should include the technical disclosure of the improvement. The abstract should also mention by way of example any preferred modifications or alternatives.
Where applicable, the abstract should include the following: (1) if a machine or apparatus, its organization and operation; (2) if an article, its method of making; (3) if a chemical compound, its identity and use; (4) if a mixture, its ingredients; (5) if a process, the steps.
Extensive mechanical and design details of an apparatus should not be included in the abstract. The abstract should be in narrative form and generally limited to a single paragraph within the range of 50 to 150 words in length.
See MPEP § 608.01(b) for guidelines for the preparation of patent abstracts.
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract of the disclosure is objected to because it exceeds 150 words, contains two paragraphs, and the second paragraph refers to the purported merits of the invention. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
The following guidelines illustrate the preferred layout for the specification of a utility application. These guidelines are suggested for the applicant’s use.
Arrangement of the Specification
As provided in 37 CFR 1.77(b), the specification of a utility application should include the following sections in order. Each of the lettered items should appear in upper case, without underlining or bold type, as a section heading. If no text follows the section heading, the phrase “Not Applicable” should follow the section heading:
(a) TITLE OF THE INVENTION.
(b) CROSS-REFERENCE TO RELATED APPLICATIONS.
(c) STATEMENT REGARDING FEDERALLY SPONSORED RESEARCH OR DEVELOPMENT.
(d) THE NAMES OF THE PARTIES TO A JOINT RESEARCH AGREEMENT.
(e) INCORPORATION-BY-REFERENCE OF MATERIAL SUBMITTED ON A READ-ONLY OPTICAL DISC, AS A TEXT FILE OR AN XML FILE VIA THE PATENT ELECTRONIC SYSTEM.
(f) STATEMENT REGARDING PRIOR DISCLOSURES BY THE INVENTOR OR A JOINT INVENTOR.
(g) BACKGROUND OF THE INVENTION.
(1) Field of the Invention.
(2) Description of Related Art including information disclosed under 37 CFR 1.97 and 1.98.
(h) BRIEF SUMMARY OF THE INVENTION.
(i) BRIEF DESCRIPTION OF THE SEVERAL VIEWS OF THE DRAWING(S).
(j) DETAILED DESCRIPTION OF THE INVENTION.
(k) CLAIM OR CLAIMS (commencing on a separate sheet).
(l) ABSTRACT OF THE DISCLOSURE (commencing on a separate sheet).
(m) SEQUENCE LISTING. (See MPEP § 2422.03 and 37 CFR 1.821 - 1.825). A “Sequence Listing” is required on paper if the application discloses a nucleotide or amino acid sequence as defined in 37 CFR 1.821(a) and if the required “Sequence Listing” is not submitted as an electronic document either on read-only optical disc or as a text file via the patent electronic system.
The disclosure is objected to because of the following informalities: The specification does not contain section headers as outlined above.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked. As explained in MPEP § 2181, subsection I, claim limitations that meet the three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Currently, no claim limitations invoke 112(f).
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.
Claims 16-31 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Damsohn (US4881595).
Re Claim 16. Damsohn teaches a heat exchanger for a motor vehicle (Figures 1-5; Column 3 lines 6-13), for thermal exchange between a first fluid (i.e. internal coolant) flowing through the inside of the heat exchanger and a second fluid (i.e. ambient air) flowing outside the heat exchanger (Figures 1-5; Column 3 lines 6-12, comprising:
a core comprising a plurality of tubes through which a first fluid can flow, and around which a second fluid can flow (Figures 1-3; Column 3 lines 7-13 teach the heat exchanger is a radiator and the heat exchanger comprises tube sheet 2. Thus, the heat exchanger comprises a core with tubes for a first fluid and second fluid that flows over the radiator),
at least one reservoir (1), the at least one reservoir comprises a body (1) with at least one chamber (interior of 1) through which the first fluid can flow (Figures 1-3; Column 3 lines 6-13), and
a base (flange 4), which protrudes from a side of the body of the reservoir (1) facing the core, the base at least partially encircles a hole opening (opening of chamber 1 that is covered by 2) into the chamber, wherein the core further comprises at least one closure plate (2), which is attached to the reservoir to close the hole, wherein the closure plate has a bottom (6) on which the reservoir bears, through which ends of the tubes pass (2 is a tube sheet for passage of tubes), opening into the chamber (Figures 1-5; Column 3 lines 6-26),
wherein the closure plate has a plurality of retaining elements (7) that bear on an upper surface of the base of the reservoir facing away from the core such that the base is between the bottom of the plate and the retaining elements, wherein a stop (11) for at least one retaining element is formed on the upper surface of the base of the reservoir, the stop protrudes from the upper surface of the base on a side of the retaining element facing away from the body of the reservoir such that the retaining element is between the body of the reservoir and the stop (Figures 1-5; Column 3 lines 6-57).
Re Claim 17. Damsohn teaches the respective retaining element bears on the respective stop (Figures 1-5; Column 3 lines 6-57).
Re Claim 18. Damsohn teaches the stop is a plurality of stops (Figures 1 and 3 illustrates a plurality of stops), with each of the plurality of stops for at least a plurality of the retaining elements (Figures 1-5; Column 3 lines 6-57).
Re Claim 19. Damsohn teaches the retaining elements press the reservoir base against the bottom of the plate (Figures 1-5; Column 3 lines 6-57).
Re Claim 20. Damsohn teaches the closure plate and retaining elements formed thereon are made of metal, the reservoir is made of plastic (Figures 1-3; Column 3 lines 7-9).
Re Claim 21. Damsohn teaches the respective stop is integrally formed on the reservoir base (Figures 1-5; Column 3 lines 6-57. The stop 11 is molded with the flange, and thus is integrally formed).
Re Claim 22. Damsohn teaches the respective stop has a complementary shape to the respective retaining element on its side facing the respective retaining element (Figures 1-5; Column 3 lines 6-57. The stop is deformed by the retaining element, and thus they have complementary shapes).
Re Claim 23. Damsohn teaches the respective retaining element bears two-dimensionally on the surface of the reservoir base (Figures 1-5; Column 3 lines 6-57).
Re Claim 24. Damsohn teaches the closure plate comprising a collar (lower portion of 6) protruding from the bottom of the plate, at least partially encircling the bottom of the plate, and a retaining band (upper portion of 6) at least partially encircling the bottom of the plate, which is connected to the collar by a plurality of webs (8), a retaining element (7) is formed on the retaining band between each pair of adjacent webs, the retaining elements protrude inward from the retaining band in relation to the webs, and thus extend over the reservoir base (Figures 1-5; Column 3 lines 6-57).
Re Claim 25. Damsohn teaches a plurality of projections (16) are formed on the body of the reservoir that protrude outward, the retaining band bears on the projections near the webs (Figures 1-5; Column 3 lines 6-57).
Re Claim 26. Damsohn teaches stops are disposed between pairs of adjacent projections (16) on the reservoir base, and spaced apart from adjacent projections (Figures 1-5; Column 3 lines 6-57).
Re Claim 27. Damsohn teaches the projections are directly adjacent to the reservoir base and thus flush toward the exterior (Figures 1-5; Column 3 lines 6-57).
Re Claim 28. Damsohn teaches the retaining elements are formed by curved segments of the retaining band, which arc toward the body of the reservoir (Figures 1-5; Column 3 lines 6-57).
Re Claim 29. Damsohn teaches the retaining elements are concave on the side facing the stops, the stops are convex on the side facing the retaining elements (Figures 1-5; Column 3 lines 6-57).
Re Claim 30. Damsohn teaches a coolant circuit for a motor vehicle that comprises at least one heat exchanger according to claim 16 (Figures 1-3; Column 3 lines 6-13 teaches use as a heat exchanger in a vehicle cooling circuit).
Re Claim 31. Damsohn teaches the plurality of stops include a respective stop for every retaining element of the plurality of retaining elements (Figures 1-5; Column 3 lines 6-57).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached PTO-892 for other relevant prior art.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TRAVIS RUBY whose telephone number is (571)270-5760. The examiner can normally be reached M-F: 9AM-5PM.
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, 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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/TRAVIS RUBY/Primary Examiner, Art Unit 3763
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