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 28-30 and 34-39 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 28 recites “a first core header” and “a second core header”, these limitations are previously recited in in claim 27 and 26 respectively from which claim 28 depends. It is unclear if this is referring to an additional first core header and an additional second core header or if it is attempting to refer to the same first and second core headers previously recited. Claim 29 recites “the first core header” and “the second core header” it is unclear which header is being referred to in claim 29 since multiple instances of “a first core header” and “a second core header” are previously recited in claims 26-28. Claims 29-30 are rejected for their dependency from claim 28.
Claim 34 recites “the second core headers” in line 1 and 3, however only one second core header is previously disclosed in claim 33. There is insufficient antecedent basis for an additional second core header in claim 34. Claims 35-39 are rejected for their dependency from claim 34. Additionally, claims 37, 38, and 39 recites “the second core headers” in line 2 of each claim which creates similar issues to claim 34 as noted above.
Claim 37 recites “a first core header”, this limitation is previously recited in in claim 35 and from which claim 37 depends. It is unclear if this is referring to an additional first core header or if it is attempting to refer to the same first core header previously recited. Claims 38-39 are rejected for their dependency from claim 37.
Claim 38 recites “the first core headers” in line 1, however only one first core header is previously disclosed in claim 35 and 37 from which claim 38 depends. There is insufficient antecedent basis for an additional first core header in claim 38. Additionally, claim 39 recites “the first core headers” in line 2 which creates similar issues to claim 38 as noted above.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 20-39 is/are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Kolb et al. (US 2016/0146551 A1).
Regarding claim 20, Kolb discloses (Figure 2- 6) an intercooler assembly (the heat exchanger may be an intercooler/charge air cooler per paragraph 0061), comprising: one or more modular intercooler blocks (at cores 100A- 100D) an inlet tank (at tanks 710A and/or 710C) in fluid communication with a first end of the one or more modular intercooler blocks (an outer end adjacent the tanks 710A and 710 C); an outlet tank (tank 710B per paragraph 0052) in fluid communication with a second end of the one or more modular intercooler blocks (the inner end adjacent the tank 710B); an inlet providing fluid communication into the inlet tank; and an outlet providing fluid communication out of the outlet tank (per paragraph 0052).
Regarding claim 21, Kolb discloses the claim limitations of claim 20 above and Kolb further discloses the one or more modular intercooler blocks comprises one intercooler block (100A).
Regarding claim 22, Kolb discloses the claim limitations of claim 21 above and Kolb further discloses the inlet tank (710A)is fastened to the first end, and the outlet tank (710B) is fastened to the second end ( the firs end at outer end adjacent the tanks 710A and the second end at the end of 100A adjacent tank 700B as seen in at least figure 2 and 4A).
Regarding claim 23, Kolb discloses the claim limitations of claim 21 above and Kolb further discloses the inlet tank (710A) is fastened to a second core header (header 160A connecting 100A to 710A as seen in figure 2) comprising the intercooler block.
Regarding claim 24, Kolb discloses the claim limitations of claim 21 above and Kolb further discloses the outlet tank (710B) is fastened to a first core header comprising the intercooler block (header 160B connecting 100A to 710B as seen in figure 2) .
Regarding claim 25, Kolb discloses the claim limitations of claim 20 above and Kolb further discloses the one or more modular intercooler blocks comprises a first intercooler block (710A) and a second intercooler block (710B).
Regarding claim 26, Kolb discloses the claim limitations of claim 25 above and Kolb further discloses the inlet tank (710A) is fastened to a second core header comprising the first intercooler block (header 160A connecting 100A to 710A as seen in figure 2).
Regarding claim 27, Kolb discloses the claim limitations of claim 26 above and Kolb further discloses the outlet tank (710B) is fastened to a first core header comprising the second intercooler block (header 160B connecting 100B to 710B as seen in figure 2) .
Regarding claim 28, Kolb discloses the claim limitations of claim 27 above and Kolb further discloses a first core header comprising the first intercooler block (header 160A connecting 100A to 710A as seen in figure 2) is fastened to a second core header comprising the second intercooler block (header 160A connecting 100A to 710A as seen in figure 2 is indirectly fastened to the header 160B connecting 100B to 710B as seen in figure 2) .
Regarding claim 29, Kolb discloses the claim limitations of claim 28 above and Kolb further discloses countersunk holes ( apertures for tubes 20 form a counter sunk portion at grooves 318 as seen in figure 6) comprising the first core header (160B) are aligned with countersunk holes comprising the second core (160A) header such that the inlet is in fluid communication with the outlet (with parallel fluid flow from an inlet at tank 710A to an outlet at tank 710B, per paragraph 0052).
Regarding claim 30, Kolb discloses the claim limitations of claim 29 above and Kolb further discloses grommets are disposed in the countersunk holes to establish a fluid-tight seal between the first intercooler block and the second intercooler block (the rings 310 form a seal 312 with the tubes 20 per paragraph 0060).
Regarding claim 31, Kolb discloses the claim limitations of claim 20 above and Kolb further discloses the one or more modular intercooler blocks comprises four modular intercooler blocks (710A -710D) that are coupled together to form an intercooler for an exemplary automobile application (as seen in figure 2 and per paragraph 0061).
Regarding claim 32, Kolb discloses the claim limitations of claim 31 above and Kolb further discloses the four modular intercooler blocks comprise a first intercooler block (100B) and a second intercooler block (100A) that are fastened to the inlet tank (100B and 100A are attached to tank 710A as seen in figure 2).
Regarding claim 33, Kolb discloses the claim limitations of claim 32 above and Kolb further discloses the second intercooler block (100A) is stacked on top of the first intercooler block (100B) such that a second core header (at headers 160A) comprising each of the first intercooler block and the second intercooler block is fastened to the inlet tank (headers 160A connecting 100A to 710A as seen in figure 2).
Regarding claim 34, Kolb discloses the claim limitations of claim 33 above and Kolb further discloses wherein the second core headers (160A) are fastened to the inlet tank (710A) such that fluid communication is established between the inlet and countersunk holes (apertures for tubes 20 form a counter sunk portion at grooves 318 as seen in figure 6) comprising the second core headers (160A).
Regarding claim 35, Kolb discloses the claim limitations of claim 34 above and Kolb further discloses the four modular intercooler blocks comprise a third intercooler block (100C) that is stacked on top of a fourth intercooler block (100D) such that a first core header (at headers 160B) comprising each of the third intercooler block and the fourth intercooler block is fastened to the outlet tank (headers 160B connecting 100C and 100D to 710B and 710A as seen in figure 2).
Regarding claim 36, Kolb discloses the claim limitations of claim 35 above and Kolb further discloses the third intercooler block (100C) and the fourth intercooler block (100D) are fastened to the first intercooler block (100B) and the second intercooler block (100A, where the cores/blocks all are fastened together to form the common heat exchanger seen in figure 2).
Regarding claim 37, Kolb discloses the claim limitations of claim 36 above and Kolb further discloses a first core header (160B) comprising each of the first intercooler block (100B) and the second intercooler block (100A, at the headers 160B attached to cores 100B and 100A) is fastened to the second core headers comprising the third intercooler block and the fourth intercooler block (headers 160B are sealingly connected to tank 710B per paragraph 0050).
Regarding claim 38, Kolb discloses the claim limitations of claim 37 above and Kolb further discloses countersunk holes comprising the first core headers ( apertures for tubes 20 form a counter sunk portion at grooves 318 on headers 160B as seen in figure 6) are aligned with countersunk holes comprising the second core headers ( apertures for tubes 20 form a counter sunk portion at grooves 318 on headers 160A as seen in figure 6) such that the inlet is in fluid communication with the outlet (with parallel fluid flow from an inlet at tank 710A to an outlet at tank 710B, per paragraph 0052).
Regarding claim 39, Kolb discloses the claim limitations of claim 38 above and Kolb further discloses grommets are disposed in the countersunk holes to establish a fluid-tight seal between the first core headers and the second core headers (the rings 310 on headers 160A and 160B form a seal 312 with the tubes 20 per paragraph 0060).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Lawson (US 4562697 A), Gokan et al. (US 6634420 B2), Hettrich (US 8631859 B1), Lesage (US 20060196635 A1), Kis et al. (US 20130264039 A1) all disclose heat exchangers that could read on at least the independent claim. Grundy (US 5052475 A), Lesage (US 5226235 A), Korth et al. (US 20090038778 A1), Taniguchi et al. (US 20080121387 A1), disclose heat exchangers with relevant features such as grommets.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HANS R. WEILAND whose telephone number is (571)272-9847. The examiner can normally be reached Monday-Thursday 6-3 EST and alternating Fridays.
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/HANS R WEILAND/Examiner, Art Unit 3763
/ERIC S RUPPERT/Primary Examiner, Art Unit 3763
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