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 1-17 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 1 recites “the first metal layer” in line 10, which lacks proper antecedent basis. For Examining purposes the limitation will be interpreted as referring to the “first layer” of line 2.
Claims 2-17 are rejected to as the they depend on claim 1.
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) 1-9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Buff (U.S. Patent Publication No. 2020/0232663).
Regarding claim 1, Buff discloses an encapsulated capillary mat (fig 7), comprising:
a first layer (29) comprising a plurality of grooves (5);
a second layer (6, 8) comprising a capillary mat with a plurality of spaced apart parallel tubes (8, ¶0105);
wherein both longitudinal ends of the second layer comprise a manifold tube (110, 111) running perpendicular to the plurality of parallel tubes (such as shown in figure 11); and 2
a third layer (2) comprising a substantially planar surface;
wherein the plurality of grooves (5) are parallel, adapted to receive the plurality of spaced apart parallel tubes (8);
wherein the second layer (6, 8) is substantially enclosed in between the first metal layer (29, ¶00125) and the third layer (2); and
wherein the first layer, the second layer, and the third layer are in thermal communication with each other (fig 7).
Regarding claim 2, Buff further discloses wherein the plurality of parallel tubes (8) and the manifold tubes (110, 111) of the second layer are plastic (¶0105).
Regarding claim 3, Buff further discloses wherein the first layer (29) is metal (¶0125).
Regarding claim 4, Buff further discloses wherein a finished substrate material (3) is applied onto the substantially planar surface of the third layer (2).
Regarding claim 5, Buff further discloses wherein the third player (2) comprises a plastic surface to which the finished substrate material (3) is applied (¶0129).
Regarding claim 6. Buff further discloses wherein the finished substrate material (3) is a hydrophobic material (¶0165).
Regarding claim 7, Buff further discloses wherein the finished substrate material (3) a rendering (¶0114).
Regarding claim 8, the combination of Buff and Kim discloses all previous claim limitations. However, they do not explicitly disclose wherein the third layer (2) is an aluminium layer (¶0100) having a thickness of approximately 0.1 mm (see ¶0059).
Regarding claim 9, the combination of Buff and Kim discloses all previous claim limitations. Buff further discloses wherein the third layer (2) comprises an adhesive surface adapted to secure the third layer to the second layer (6, 8, ¶0122).
Claim(s) 18 and 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Matter et al. (U.S. Patent Publication No. 2007/0284086, “Matter”).
Regarding claim 18, Matter discloses a spigot (figs 3 and 4), comprising:
a tube section (40) having a first end (54) and a second end (52);
the first end (54) comprising a taper; and
the second end (52) comprising a sleeve region;
wherein the sleeve region is adapted to be affixed to a tube (30).
Regarding claim 19, Matter further discloses wherein the second end (52) of the spigot comprises a first region with larger external diameter and a second region with smaller external diameter (see annotated fig 3 below);
wherein the first region comprises an abutment surface to securely position spigot against the tube (30) as the second region is inserted into said tube.
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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.
Claim(s) 10-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Buff as applied to claim 1 above, and further in view of Hohmann et al. (U.S. Patent Publication No. 2017/0016685, “Hohmann”).
Regarding claim 10, Buff discloses all previous claim limitations. However, Buff does not explicitly disclose a spigot adapted to be affixed to the manifold tubes of the second layer, the spigot comprising: a. a tube section having a first end and a second end; b. the first end comprising a taper; and c. the second end comprising a sleeve region; d, wherein the sleeve region is adapted to be affixed to the manifold tubes. Hohmann, however, discloses a heat exchanger (figs 1 and 2) wherein a spigot (9) is adapted to be affixed to the manifold tubes of the second layer, the spigot comprising: a. a tube section having a first end (9b) and a second end (9a); b. the first end comprising a taper (fig 2); and c. the second end comprising a sleeve region (fig 2); d, wherein the sleeve region is adapted to be affixed to manifold tubes (5). Buff teaches that the spigot (“adapter”) allows for ease of the connection of the tubes (¶0010-0011). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for Buff to provide the spigot of Hohmann in order to allow for ease of connection between the tubes.
Regarding claim 11, the combination of Buff and Hohmann discloses all previous claim limitations. Buff, as modified, further discloses wherein the second end (9a) of the spigot comprises a first region with larger external diameter and a second region with smaller external diameter (see annotated fig 2 below); wherein the first region comprises an abutment surface to securely position spigot against the manifold pipes as the second region is inserted into said manifold pipe (5).
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Regarding claim 12, the combination of Buff and Hohmann discloses all previous claim limitations. The limitation wherein the abutment surface of the spigot is plastic welded to the manifold pipes is considered a product-by-process limitation. In apparatus claims, the patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process." In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985)
Claim(s) 13-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Buff as applied to claim 1 above, and further in view of Li (Chinese Patent Publication CN201367662Y).
Regarding claim 13, Buff discloses all previous claim limitations. Buff further discloses a reciprocating panel, comprising: b. the encapsulated capillary mat of claim 1 (see rejection of claim 1 above).
However, Buff does not explicitly disclose a. an insulation layer comprising a plurality of machined grooves and c, wherein the plurality of machined grooves of the insulation layer are adapted to receive the plurality of machined grooves of the first layer of the capillary mat. Li, however, discloses a heat exchanger wherein an insulation layer (1, 8) comprises a plurality of grooves (between 5) and c, wherein the plurality of machined grooves of the insulation layer are adapted to receive the plurality of grooves (5) of a first layer of a capillary mat (2). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for Buff to provide the insulation layer of Li in order to ensure heat transfer in only the desired direction. The limitation of the grooves being machined is considered a product-by-process limitation. In apparatus claims, the patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process." In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985)
Regarding claim 14, the combination of Buff and Li discloses all previous claim limitations. Buff, as modified, further discloses wherein the insulation layer (5, 1, LIi) and encapsulated capillary mat (2, Li) are adhesively affixed to each other (page 3, lines 12-15, Li).
Regarding claim 15, the combination of Buff and Li discloses all previous claim limitations. However, they do not explicitly disclose an array arrangement of the reciprocating panel of claim 1. However, the Examiner takes Official Notice that it is old and well known in the art of heat exchange panel to provide an array of panels in order to increase the heat exchange surface and it would be obvious for Buff to do so.
Regarding claim 16, the combination of Buff and Li discloses all previous claim limitations. Buff, as modified, further discloses wherein the reciprocating panels are in fluid communication with other reciprocating panels of the array (see rejection of claim 15 above).
Regarding claim 17, the combination of Buff and Li discloses all previous claim limitations. Buff, as modified, further discloses wherein a finished substrate material (3, Buff) is applied onto a substantially planar surface of the reciprocating panels of the array (see rejection of claim 15 above).
Conclusion
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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/HARRY E ARANT/Primary Examiner, Art Unit 3763
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