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 4 and 12 is 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 4 recites “the inlet openings” and “the outlet openings” in lines 3-4, which rely heavily on features of claim 3 which per the amendment is no longer in the dependency chain. There is insufficient antecedent basis for this limitation in the claim.
Claim 12 recites, “the first and second rotor plates are each essentially circular or non-circular, and essentially rectangular.” Examiner is unclear as to the intended meaning of this claim. It would appear from the amendments from the original claim it meant to read as circular or non-circular, the non-circular variant in particular being rectangular. Applicant properly amended out the in particular language as inappropriate us of exemplary language in a claim; however, their amendment with “and” has made the language such as the structure is either circular or non-circular, AND no matter which is rectangular. As a shape cannot be both circular and rectangular unless the office gives significant leeway to “essentially” which would render the term indefinite in all other uses in the claim set, the examiner presumes this was meant to only apply to the non-circular, but grammatically this is not what is currently claimed. For compact prosecution, the examiner will treat it as “circular or (non-circular and rectangular).”
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, 4, 8, 9, 11-13 is/are rejected under 35 U.S.C. 102(a1) as being anticipated by US 4,077,230 to Eskeli (E1).
In Re Claim 1:
E1 shows:
A rotary heat pump (Fig. 3), comprising:
A rotational axis (See Annotated E1 Fig. 3-4 below)
A number of compression ducts(passages delineated by heat exchangers and fins(38) in which a working medium comprising a gas is guided away from the rotational axis to increase the pressure due to the centrifugal acceleration, [Col. 3, ll. 40-41 notes the fluid being worked upon can be a gas such as carbon dioxide. Col. 2, ll. 4-67 describes a cycle of radially outward compression on one side and radially inward expansion on the other side of the paired plates.]
A number of expansion ducts(passages delineated by heat exchangers and fins(41) in which the working medium is guided towards the rotational axis to reduce the pressure due to centrifugal acceleration, [See same citation as under compression ducts which also notes the return of the fluid towards the center to exhaust.]
A number of first heat transfer ducts(39) for the working medium [Col. 2, ll. 5-25 lay out heat exchangers and it is noted in Col. 3, line 40-48 the second fluid, first fluid and or fourth fluid may be a gas or liquid. As gas is one option, and carbon dioxide is already a gas disclose as in use by the system, the first heat transfer duct may be using a gaseous carbon dioxide, i.e. the working fluid, as it is a plentiful and common fluid with similar heat properties as the fluid.]
A number of second heat transfer ducts(37) for a heat transfer medium, comprising a liquid so that heat is transferred between the working medium flowing in the first heat transfer ducts and the heat transfer medium flowing in the second heat transfer ducts. [Col. 2, ll. 5-38 lay out at least 3 heat transfer ducts with three heat transfer fluids. Col. 3, ll. 40-48 note that one such heat transfer liquid can be water. In so far as it is claimed both ducts are transferring heat between each other through the working medium fluid they are adding and extracting heat from.]
Wherein
A number of first and second rotor plates (See Annotated E1 Fig. 3-4 below) comprising the compression ducts, the expansion ducts, the first heat transfer ducts for the working medium and the second heat transfer ducts for the heat transfer medium, [See fig. 3 that the ducts are located either on a first (right hand side plate) or second (left hand side plate) and wherein these plates are connected which as applicant considers their plates bonded together in dependent embodiments, is suitable for the examiner to consider a connection method. A number respectfully can be one, therefore one of each reads upon this.]
Wherein the first and second rotor plates are connected to each other (14) along their main planes of extension. [It can be seen in Fig. 3, that the two ends of the plates are connected at the outer point, 14 in Fig. 1, unlabeled in Fig. 3 and stacked around insulation(56).]
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Annotated E1 Fig. 3-4
In Re Claims 4, 8, 9, and 11-12:
E1 further shows:
The rotor according to claim 1, wherein:
(Claim 4) a fan is provided for maintaining the flow of the working medium, the inlet openings being connected to an outlet of the fan and the outlet openings being connected to an inlet of the fan. [As no antecedence is provided for some of these features, examiner notes, in so far as it is limiting, E1 discloses one of the heat transfer fluids which has inlets and outlets (such as 51, 52) and may be the working fluid type gas (See claim 1 above) are circulating, Col. 2, ll. 5-10, examiner takes official notice that circulation of a gas is understood to be done by among other things a fan as the gaseous compressor. As the air must circulate from the inlet to the outlet, and then back to the inlet through some motive force and the fan is one well-known such one this is understood.]
(Claim 8) the second rotor plate(left side) each comprises at least one inner flow duct and at least one outer flow duct, each for forming one of the second heat transfer ducts(37), the outer flow duct being arranged further outwards in the radial direction than the inner flow duct. [See Annotated E1 Fig. 3-4 above, with claim 8 references.]
(Claim 9) the first rotor plates comprise the second heat transfer ducts for the heat transfer medium. [In so far as it has been claimed, the examiner can alternatively consider heat exchanger ducts(42) the second heat transfer ducts which are located on the right-hand side (first plate per claim 1.) Alternatively the examiner can set the left-hand side plate as the first plate in claim 1, (as the only impact is on claim 8 which does not depend from this claim) and then the previous claim second heat transfer duct of (37) is clearly on said plate.]
(Claim 11) the first rotor plates and the second rotor plates are connected to one another via a connecting physical extension; however, the claim recites via diffusion connections (i.e. diffusion bonding) which E1 does not show, however, the limitation(s) diffusion connections is/are being treated as a product by process limitation(s); that is that the plate connection being provided is/are made by an undisclosed formation process. As set forth in MPEP 2113, product by process claims are NOT limited to the manipulation of the recited steps, only to the structure implied by the steps. Once a product appearing to be substantially the same or similar product is found, a 35 U.S.C. § 102/103 rejection may be made and the burden is shifted to applicant to show an unobvious difference. See MPEP 2113.
(Claim 12) the first and the second rotor plates are each essentially circular [In so far as this claim is definite, and per the interpretation noted in the 112 above, the plates in Fig. 4 are circular.]
In Re Claim 13:
E1 shows:
A method of manufacturing a rotor comprising a rotary heat pump, comprising the steps:
Provision of first rotor plates (See Fig. 3, and Annotated E1 Fig. 3-4 above right hand side),
Provision of second rotor plates (See Fig. 3, and Annotated E1 Fig. 3-4 above left hand side), [Examiner notes multiple heat pump rotors can be manufactured or multiple rotors can be used in a system for a plurality of such.]
Forming compression ducts (passages delineated by heat exchangers and fins(38)), expansion ducts(passages delineated by heat exchangers and fins (41), first heat transfer ducts(39) for a working medium and second heat transfer ducts(37) for a heat transfer medium in the first rotor plates and/or in the second rotor plates, [See Annotated E1 Fig. 3-4 above for ducts, Col. 3, ll. 40-41 notes the fluid being worked upon can be a gas such as carbon dioxide. Col. 2, ll. 4-67 describes a cycle of radially outward compression on one side and radially inward expansion on the other side of the paired plates, and also notes the return of the fluid towards the center to exhaust. Col. 2, ll. 5-25 lay out heat exchangers and it is noted in Col. 3, line 40-48 the second fluid, first fluid and or fourth fluid may be a gas or liquid. As gas is one option, and carbon dioxide is already a gas disclose as in use by the system, the first heat transfer duct may be using a gaseous carbon dioxide, i.e. the working fluid, as it is a plentiful and common fluid with similar heat properties as the fluid. Col. 2, ll. 5-38 lay out at least 3 heat transfer ducts with three heat transfer fluids. Col. 3, ll. 40-48 note that one such heat transfer liquid can be water. In so far as it is claimed both ducts are transferring heat between each other through the working medium fluid they are adding and extracting heat from.]
Stacking the first and second rotor plates, [It can be seen in Fig. 3 the plates are on either side of a stack of thermal insulation in a stacked pattern]
Connecting the first rotor plates to the second rotor plates along their main planes of extension, [It can be seen at their radially outward ends the plates are joined, such that the two ends of the plates are connected at the outer point, 14 in Fig. 1, unlabeled in Fig. 3 and stacked around insulation(56).]
Rotary bearing of a rotor element(53, plus plates) formed from the first and the second rotor plates about a rotational axis. [See Annotated E1 Fig. 3-4 above for axis. Examiner notes Col. 1, ll. 55-63 not a rotor bearing and seal.]
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) 11 and 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over E1 in view of US 2016/0102631 to Lynn et al. (L1).
In Re Claim 11:
E1 teaches:
The rotor according to claim 1 with first and second rotor plates(See claim 1) which the examiner believes rejectable under a product by process rejection (See Claim 12) but does note does not explicitly teach connection via diffusion.
L1 teaches:
A heat pump. [Page 1, ¶2]. In particular a heat pump with rotational plates that are adjacent and stacked(Fig. 24, 544, 546, 548, 550) and heat transfer through the fins (similar to that of E1, as seen in Fig. 21-23, plates and placed heat transfer tubes(511), the plates joined by welding or diffusion bonding. [Page 38, ¶488 – 493, with ¶492 explicitly noting diffusion bonding is a preferred means.] Further said means of preparing the plats can be chemical machining (i.e. etching) as noted in ¶491.] The advantages of such is that using sheet metal, which is cheaply and easily processed and highly automatable, [Page 38, ¶487] and wherein the bonded structures and chemical milling as noted assist in the forming of the desirable improved rate of transfer (in reduced thickness portions) with enhanced bonding. [Page ¶39. ¶491-492.]
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of E1 to form the plates from easily manipulated and automated sheet metal, using chemical etching and diffusion welding to form and assemble the plates, as taught by L1, with an expectation of using a known in the art manner of assembling a heat pump with fins and heat transfer tubes, with the benefits of forming from cheap materials suitable for strength of bond and thinness of regions for heat transfer. [Page E1, ¶38-39 ¶487-492.] Tis would yield the limitation of a heat pump whose plates are joined by diffusion bonding(Claims 11 and 14) and formed by chemical machining, i.e. etching. (Claim 15)
In Re Claim 14:
E1 teaches:
The method according to claim 13 wherein there are first and second rotor plates(See claim 13)
E1 does not teach:
A method of the plates being joined by diffusion bonding.
L1 teaches:
A heat pump. [Page 1, ¶2]. In particular a heat pump with rotational plates that are adjacent and stacked(Fig. 24, 544, 546, 548, 550) and heat transfer through the fins (similar to that of E1, as seen in Fig. 21-23, plates and placed heat transfer tubes(511), the plates joined by welding or diffusion bonding. [Page 38, ¶488 – 493, with ¶492 explicitly noting diffusion bonding is a preferred means.] Further said means of preparing the plats can be chemical machining (i.e. etching) as noted in ¶491.] The advantages of such is that using sheet metal, which is cheaply and easily processed and highly automatable, [Page 38, ¶487] and wherein the bonded structures and chemical milling as noted assist in the forming of the desirable improved rate of transfer (in reduced thickness portions) with enhanced bonding. [Page ¶39. ¶491-492.]
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of E1 to form the plates from easily manipulated and automated sheet metal, using chemical etching and diffusion welding to form and assemble the plates, as taught by L1, with an expectation of using a known in the art manner of assembling a heat pump with fins and heat transfer tubes, with the benefits of forming from cheap materials suitable for strength of bond and thinness of regions for heat transfer. [Page E1, ¶38-39 ¶487-492.] Tis would yield the limitation of a heat pump whose plates are joined by diffusion bonding(Claims 11 and 14) and formed by chemical machining, i.e. etching. (Claim 15)
In Re Claim 15:
E1 teaches:
The method according to claim 13 wherein there are first and second rotor plates(See claim 13) and ducts formed by the fins on it.
E1 does not teach:
A method of the plates and ducts formed by machining or etching.
L1 teaches:
A heat pump. [Page 1, ¶2]. In particular a heat pump with rotational plates that are adjacent and stacked(Fig. 24, 544, 546, 548, 550) and heat transfer through the fins (similar to that of E1, as seen in Fig. 21-23, plates and placed heat transfer tubes(511), the plates joined by welding or diffusion bonding. [Page 38, ¶488 – 493, with ¶492 explicitly noting diffusion bonding is a preferred means.] Further said means of preparing the plats can be chemical machining (i.e. etching) as noted in ¶491.] The advantages of such is that using sheet metal, which is cheaply and easily processed and highly automatable, [Page 38, ¶487] and wherein the bonded structures and chemical milling as noted assist in the forming of the desirable improved rate of transfer (in reduced thickness portions) with enhanced bonding. [Page ¶39. ¶491-492.]
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of E1 to form the plates from easily manipulated and automated sheet metal, using chemical etching and diffusion welding to form and assemble the plates, as taught by L1, with an expectation of using a known in the art manner of assembling a heat pump with fins and heat transfer tubes, with the benefits of forming from cheap materials suitable for strength of bond and thinness of regions for heat transfer. [Page E1, ¶38-39 ¶487-492.] Tis would yield the limitation of a heat pump whose plates are joined by diffusion bonding(Claims 11 and 14) and formed by chemical machining, i.e. etching. (Claim 15)
Allowable Subject Matter
Claims 2-3, 5-7, and 10 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Examiner notes, claim 2 (and dependent claim 3 and 5-7) and claim 10 all require the expansion and compression ducts formed on only the first plate (or second plate), which would require adaption not applicable to the features of E1, and provides an advantage of reducing the axial space of the structure, improving size, weight, and efficiency of the system
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 11,397,029 to Miller teaches plates with flow passages for compression or expansion and fluid flow through fanes for transfer, [Abstract Fig. 5B.] . US 4,524,587 to Kantor teaches welding or soldering (contemporary and common alternatives to diffusion bonding) for formation heat transfer structures in a heat pump. US 3,895,491, US 3,919,845, US 3,926,010, US 3,933,008, US 3,933,007, US 3,938,336, US 3,949,557, US 3,962,888, US 3,972,203, US 3,981,702, and US 4,047,392 all to Eskeli which show a general similar principle to E1 above of plates with multiple distinct heat transfer features and expansion and compression of a heat pump.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSHUA R BEEBE whose telephone number is (571)272-9968. The examiner can normally be reached M-F 10-6.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathaniel Wiehe can be reached at 571-272-8648. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSHUA R BEEBE/Examiner, Art Unit 3745
/NATHANIEL E WIEHE/Supervisory Patent Examiner, Art Unit 3745
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