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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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) 1-4, 6-8, 10-13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Miyasaka (JP S62-9183).
Regarding claim 1, Miyasaka discloses (Figure 1-3) a heat exchanger, comprising: a first honeycomb structure ( central ceramic honeycomb 10) having an outer peripheral wall (11) and partition walls (partition walls 12, 13) disposed on an inner side of the outer peripheral wall, the partition walls defining a plurality of cells (at passage spaces 14) to form flow paths for a first fluid; a first cylindrical member fitted into the outer peripheral wall of the first honeycomb structure (at cylindrical body 19); and a second honeycomb structure (at outer ceramic honeycomb 20) having an outer peripheral wall, an inner peripheral wall, and partition walls (partition walls 22 and 23) disposed between the outer peripheral wall and the inner peripheral wall (at sides wall 21 farthest from the center form the outer peripheral wall and the side of wall 21 adjacent the cylindrical body 19 form the inner peripheral wall), the partition walls defining a plurality of cells (at passage spaces 24) to form flow paths for a second fluid, wherein the inner peripheral wall is fitted into the first cylindrical member (the side of wall 21 adjacent the cylindrical body 19 that forma the inner peripheral wall is adjacent to the cylindrical body 19 as seen in figure 2(a) and 2(b)).
Regarding claim 2, Miyasaka discloses the claim limitations of claim 1 above and Miyasaka further discloses a heat conductive material disposed between the first honeycomb structure and the first cylindrical member and/or between the second honeycomb structure and the first cylindrical member (as the material is not further defined this material can be any heat conductive material between a portion of the honeycombs 10 or 20 and the cylindrical member 19 such as the outer peripheral walls 11 of the honeycomb 10 which lies between the bulk of the honeycomb 10 and the cylindrical member 19 as seen in figure 2(a) and 2(b)).
Regarding claim 3, Miyasaka discloses the claim limitations of claim 1 above and Miyasaka further discloses both end faces of the second honeycomb structure (20) are located on inner sides of both end faces of the first honeycomb structure in an axial direction of the first honeycomb structure and the second honeycomb structure (as seen in the embodiment of figure 1 where the honeycomb 20 is shorter in axial length from end face to end face than the honeycomb 10 in order to accommodate supply path 5a and discharge path 5b as clearly seen in figure 1).
Regarding claim 4, Miyasaka discloses the claim limitations of claim 1 above and Miyasaka further discloses both end portions of the first cylindrical member (19) are located on outer sides of both end faces of the first honeycomb structure (10) and the second honeycomb structure (20) in an axial direction of the first honeycomb structure and the second honeycomb structure (either on the same outer side as the end face of the honeycomb 10 or further in the axial direction form the end face of honeycomb 20 as seen in figure 1).
Regarding claim 6, Miyasaka discloses the claim limitations of claim 1 above and Miyasaka further discloses the second honeycomb structure is divided into multiple portions in a cross section orthogonal to an extending direction of the cells of the second honeycomb structure (the four fan shaped sections of honeycomb 20 as seen in figure 2(a) and 2 (b)) .
Regarding claim 7 and 8, Miyasaka discloses the claim limitations of claim 1 above and Miyasaka further discloses the first honeycomb structure and/or the second honeycomb structure contain ceramics as a main component, wherein the ceramics contains silicon carbide as a main component (silicon carbide is disclosed as the material of manufacture of the honeycombs 10 and 20 in the paragraph under the heading (Embodiment ) on page 4 of the machine translation provided by the applicant with the 8/22/2025 IDS) .
Regarding claim 10, Miyasaka discloses the claim limitations of claim 1 above and Miyasaka further discloses at least one end portion of the first cylindrical member has a decreased or increased diameter (as what the increased or decreased diameter is relative to is not clearly established this can be any difference in diameter such as the difference between the inside diameter and the outside diameter of the cylindrical body 19).
Regarding claim 11, Miyasaka discloses the claim limitations of claim 1 above and Miyasaka further discloses a second cylindrical member fitted into at least a part of the outer peripheral wall of the second honeycomb structure (cylindrical casing 3 which is attached to the outer wall of the second honeycomb 20 through support 18), wherein the second cylindrical member has an inflow port and a discharge port for the second fluid (at inlet short pipe 3f and outlet short pipe 3e as seen in figure 1).
Regarding claim 12, Miyasaka discloses the claim limitations of claim 11 above and Miyasaka further discloses a heat insulating material ( support 18 is made of a heat insulating material per page 5, lines 25-30, of the machine translation provided by the applicant with the 8/22/2025 IDS, disposed between the second honeycomb structure (20) and the second cylindrical member (casing 3).
Regarding claim 13, Miyasaka discloses the claim limitations of claim 1 above and Miyasaka further discloses the flow direction of the first fluid ( in honeycomb 10) and the flow direction of the second fluid ( in honeycomb 20) are opposite to each other (a seen by the flow arrows in figure 1).
Claim Rejections - 35 USC § 103
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 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) 5, 14 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Miyasaka (JP S62-9183) in view of Kawamura (JP S61-149790).
Regarding claim 5, Miyasaka discloses the claim limitations of claim 1 above however Miyasaka does not explicitly disclose in a cross section orthogonal to an extending direction of the cells of the first honeycomb structure and the second honeycomb structure, the partition walls have first partition walls each extending in a circumferential direction and second partition walls each extending in a radial direction. As the partitions of Miyasaka are not clearly disclosed as extending in a circumferential and radial direction.
Kawamura teaches (figure 1 and 2) a heat exchanger with structures of partition walls a first honeycomb structure having partition, the partition walls (at fins 21 which may be connected to each other by plate like conducting members defining a plurality of cells to form flow paths for a first fluid; a first cylindrical member (cylinder 2) fitted the first honeycomb structure; and a second honeycomb structure having partition walls (At fins 31 and partitions 32), the partition walls defining a plurality of cells to form flow paths for a second fluid ( in passage 32), where in a cross section orthogonal to an extending direction of the cells of the first honeycomb structure and the second honeycomb structure, the partition walls have first partition walls each extending in a circumferential direction (along grid like partitions 33 as seen in figure 2) and second partition walls each extending in a radial direction (along fins 21 which extend radially in figure 2).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to have modified the honeycomb cells of Miyasaka to have the shape disclosed in Kawamura. Doing so would provide an alternative shape for the internal heat exchange structures of a cylindrical concentric heat exchanger suitable for transferring heat between gases as the large surface area between the heat transfer surface an the gases as taught by Kawamura (per page 1, the last paragraph, of the machine translation provided with the 8/22/2025 IDS).
Regarding claim 14, Miyasaka discloses the claim limitations of claim 1 above however Miyasaka does not explicitly disclose the first honeycomb structure further comprises an inner peripheral wall that forms a hollow region therein, the hollow region serving as a flow path for a third fluid.
Kawamura teaches (figure 1 and 2) a heat exchanger with structures of partition walls a first honeycomb structure (the structure of fins 21 and plate shaped conducting members) having partitions, the partition walls (at fins 21 which may be connected to each other by plate like conducting members defining a plurality of cells to form flow paths for a first fluid; a first cylindrical member (cylinder 2) fitted the first honeycomb structure; and a second honeycomb structure having partition walls (At fins 31 and partitions 32), the partition walls defining a plurality of cells to form flow paths for a second fluid ( in passage 32), the first honeycomb structure further comprises an inner peripheral wall that forms a hollow region therein, the hollow region serving as a flow path for a third fluid ( a path for a third fluid, water, is formed first cylinder 1, per page 1, the last paragraph, of the machine translation provided with the 8/22/2025 IDS).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to have modified the heat exchanger of Miyasaka to have the passage for a third fluid as disclosed in Kawamura. Doing so would provide an heat exchanger that can utilize exhaust gases to heat up different fluids to provided heating to a vehicle at different times as taught by Kawamura (per page 1, the first sentence of the first paragraph, of the machine translation provided with the 8/22/2025 IDS).
Regarding claim 15, Miyasaka as modified discloses the claim limitations of claim 14 above and Kawamura further discloses a third cylindrical member (cylinder 1) fitted into at least a part of the inner peripheral wall of the first honeycomb structure (the structure of fins 21 and plate shaped conducting members), wherein the third cylindrical member has an inflow port and a discharge port for the third fluid (inflow and outflow ports for water W flowing through passage 12 as seen in figure 1of Kawamura).
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Miyasaka (JP S62-9183).
Regarding claim 9, Miyasaka discloses the claim limitations of claim 1 above however Miyasaka does not explicitly disclose discloses the first cylindrical member is made of a metal material. Since it has been held that the selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination (see MPEP 2144.07), it would have been obvious to one of ordinary skill in the art before the filing date of the invention to modify the cylindrical body 19 to be made of alternative materials such as metal and arrive at the claimed invention in order to as long as the metal provided high strength and thermal and thermal conductivity suitable at the temperature at which the heat exchanger is to be operated at.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Kawaguchi et al.(DE 112018000203) and Kawaguchi et al. (US 20190204031 A1) disclose het exchanger with structures relevant to the claims.
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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