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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 02/21/2025 was filed after the mailing date of the instant application on 01/31/2025. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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) 14-23 and 25-26 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ohashi (US 2001/045276).
Regarding claim 14, Ohashi teaches a heat exchanger (70, Fig. 16b, [0063]) for cooling components (see MPEP 2114 (II), intended use does not differentiate the claimed apparatus from a prior art apparatus if the prior art apparatus has all the structural limitations of the claim), the heating exchanger comprising:
a housing (70) in which is arranged at least one meandering channel (80, Fig. 17a, [0064]) for a cooling medium (fluid, [0063], [0069]),
wherein the housing is formed in a sandwich-like manner (Fig. 17b) with a housing base (72, Fig. 17b, [0063]), a housing cover (71, Fig. 17b, [0063]), and a housing frame (73, 74, 75, and 76 combined, Fig. 17a) which is arranged between the housing base and the housing cover (Fig. 17b, [0063]),
the at least one channel being arranged in a region of the housing frame (Fig. 17a, 80 is shown inside the frame); and
at least one separate insert (81, Fig. 17a, [0063]), arranged within the housing frame (Fig. 17a, 81 is shown inside the frame), which forms a partial section of the at least one channel (Fig. 17a, [0063], 81 forms the straight up and down sections of the channel),
the insert extending at least substantially over an entire height of the housing frame in a direction perpendicular to a plane of the housing frame (Fig. 17b, 81 is shown extending vertically over the entire height of 75 and 76; Fig. 16c, 73 is shown to be the same height as 75 and 76; Fig. 17a, a plane of the housing frame extends up and down and also left and right of page, and 81 extends into and out of the page, as shown in Fig. 17b, which is perpendicular to this plane, in light of the specification on page 2, paragraph 2, where the height of the housing frame extends in a direction perpendicular to the plane of the housing frame), and
wherein the at least one insert is connected to the housing base and the housing cover (Fig. 17b, 81 is shown connected to both 71 and 72) in a fluid-tight manner for the cooling medium (Fig. 17b, no opening is shown for sidewall portions 83a and 83b and bottom wall portions 83c of 81; [0063], 81 divides the space between 71 and 72 into 80a through which a fluid flows downwardly and 80b through which the fluid flows upwardly; because no opening is shown in Fig. 17b and the fluid is not described to be flowing through 81 and instead through 80a and 80b, 81 is connected to 71 and 72 in a fluid-tight manner for the cooling medium).
Regarding claim 15, Ohashi teaches the at least one insert is configured as a wavelike form (Fig. 17b, [0064]) sheet metal that includes
first sections (83c) connected to the housing base and the housing cover (Fig. 17b), and
second sections (83a) that run in a direction approximately perpendicular to the plane of the housing frame (Fig. 17a, 83a are shown perpendicular to the plane of the housing frame as described above), at least in certain regions,
wherein the second sections are configured in a straight line (Fig. 17a) and form lateral limitations of the at least one channel (Fig. 17a, Fig. 17b, [0063]).
Ohashi (fourth embodiment) does not teach the insert is configured as a sheet metal.
However, Ohashi (first embodiment) teaches the insert (21) is configured as a sheet metal ([0045]).
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the pressing method for forming the insert of Ohashi (first embodiment) to configure the insert of Ohashi (fourth embodiment) as a sheet metal in order to reduce the cost of manufacture ([0046]). Additionally, Ohashi (fourth embodiment) teaches the insert (81) can be easily manufactured by pressing ([0065]).
Regarding claim 16, Ohashi teaches the second sections are arranged in contact with the housing frame when viewed in their longitudinal direction (Fig. 17a, 81 is shown in contact with 73 and 74 in the longitudinal direction of 81).
Regarding claim 17, Ohashi teaches the housing frame include rounded arc sections (73a and 74a, Fig. 17a, [0064]), which serve for flow redirection (Fig. 17a, 73a and 74a are shown by arrows to redirect the flow in the channel 80), for flow reversal (Fig. 17a, 73a and 74a are shown by arrows to reverse the flow in the channel 80) of the cooling medium in the at least one channel.
Regarding claim 18, Ohashi teaches the arc sections are formed as semi-circles (Fig. 17a, 73a and 74a are shown as semi-circles).
Regarding claim 19, Ohashi teaches at least one second section of the insert is immersed in a region of an arc section (Fig. 17a, 81a is shown immersed in 74a by interpretation in light of the specification, page 10, paragraph 3, describing Fig. 7 where 34e is shown immersed in 43 by being in contact with the base of the semicircle of 43).
Regarding claim 20, Ohashi teaches the insert includes additional second sections (83b, Fig. 17b) arranged parallel to the second sections and arranged at a distance from the housing frame when viewed in their longitudinal direction (Fig. 17b is a view of the longitudinal direction of 83b, and 83b is shown arranged at a distance from 75 and 76).
Regarding claim 23, Ohashi teaches the first sections of the insert are parallel and the second sections of the insert are at least substantially perpendicular to the plane of the housing frame (Fig. 17b, the plane of the housing frame as described above is parallel to 11 and 12, and 83c is parallel to the plane while 83a is perpendicular to the plane), such that the at least one channel is rectangular in cross-section (Fig. 17b, the cross section is shown to be rectangular).
Regarding claim 21, Ohashi teaches additional flow elements (74a, Fig. 17a) for the cooling medium are arranged at longitudinal ends (74a is disposed at the multiple longitudinal ends of the multiple 83b) of least one additional second section (83b, Fig. 17b) of the insert.
Regarding claim 14, Ohashi teaches a heat exchanger (10, Fig. 1b, [0036]) for cooling components (see MPEP 2114 (II), intended use does not differentiate the claimed apparatus from a prior art apparatus if the prior art apparatus has all the structural limitations of the claim), the heating exchanger comprising:
a housing (10) in which is arranged at least one meandering channel (20, Fig. 2a, [0040]) for a cooling medium (fluid, [0040], [0069]),
wherein the housing is formed in a sandwich-like manner (Fig. 2b) with a housing base (12, Fig. 2b, [0036]), a housing cover (11, Fig. 2b, [0036]), and a housing frame (13, 14, 15, and 16 combined, Fig. 2a) which is arranged between the housing base and the housing cover (Fig. 2b, [0036]),
the at least one channel being arranged in a region of the housing frame (Fig. 2a, 20 is shown inside the frame); and
at least one separate insert (24, Fig. 3a, [0038]), arranged within the housing frame (Fig. 2a, 24 is inside the frame as Fig. 2a and Fig. 3a share the same first embodiment), which forms a partial section of the at least one channel (Fig. 3a, 24 forms the flow reversal sections of the channel),
the insert extending at least substantially over an entire height of the housing frame in a direction perpendicular to a plane of the housing frame (Fig. 2b and Fig. 3b, sharing the same first embodiment, 24 is shown extending vertically over the entire height of 15 and 16; Fig. 1c, 14 is shown to be the same height as 15 and 16; Fig. 2a, a plane of the housing frame extends up and down and also left and right of page, and 81 extends into and out of the page, as shown in Fig. 3b, which is perpendicular to this plane, in light of the specification on page 2, paragraph 2, where the height of the housing frame extends in a direction perpendicular to the plane of the housing frame), and
wherein the at least one insert is connected to the housing base and the housing cover (Fig. 2b and Fig. 3b sharing the same first embodiment, 24 is shown connected to both 11 and 12) in a fluid-tight manner for the cooling medium (Fig. 2b, Fig. 3b, and Fig. 4a, sharing the same first embodiment, no opening is shown for sidewall portions 24a and bottom wall portions 24c of 24; because no opening is shown in Fig. 2b, 24 is connected to 11 and 12 in a fluid-tight manner for the cooling medium).
Regarding claim 15, Ohashi teaches the at least one insert is configured as a wavelike formed (Fig. 2b, [0039]) sheet metal ([0037]) that includes
first sections (24c) connected to the housing base and the housing cover (Fig. 2b, Fig. 3b, and Fig. 4b, sharing the same first embodiment), and
second sections (24a and 24b) that run in a direction approximately perpendicular to the plane of the housing frame (Fig. 2a and Fig. 3b, sharing the same first embodiment, 24a and 24b are shown perpendicular to the plane of the housing frame as described above), at least in certain regions,
wherein the second sections are configured in a straight line (Fig. 3b) and form lateral limitations of the at least one channel (Fig. 3a, Fig. 3b).
Regarding claim 16, Ohashi teaches the second sections are arranged in contact with the housing frame when viewed in their longitudinal direction (Fig. 2a and 3a, sharing the same first embodiment, 24 is shown in contact with 14 in the longitudinal direction of 24).
Regarding claim 22, Ohashi teaches the second sections of the insert have different spacings from one another when viewed in a direction perpendicular to their longitudinal direction (Fig. 4a using left and right of page as the direction perpendicular to their longitudinal direction as their longitudinal direction extends into the page, spacings between 24a and 24b are different from spacings between 24a and 24a or between 24b and 24b).
Regarding claim 25, Ohashi does not teach at least the housing frame and the at least one insert are configured as stamped components.
However, product-by-process claims are not limited to the manipulations of the recited steps, only the structure implied by the steps (See MPEP 2113 (I)).
Regarding claim 26, Ohashi teaches a connection between the housing frame and the at least one insert and the housing base is configured as a material-bonding connection ([0036]).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ohashi (US 2001/045276).
Regarding claim 24, Ohashi does not teach the first sections and the second sections of the insert are configured in an approximately semi-circular manner.
However, having the shape of the first sections and the second sections of the insert as approximately semi-circular would not affect the operation of the device.
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the shape of the first sections and the second sections of the insert as approximately semi-circular, such as one shown in Fig. 11b. Because such configuration would not have modified the function of the device, the modification of the configuration would be a matter of design choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the sections was significant. (See reDailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966))
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to An Bach Phan whose telephone number is (571)272-7244. The examiner can normally be reached M-F, 7-3 ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Len Tran can be reached at (571)272-1184. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/A.B.P./Examiner, Art Unit 3763
/LEN TRAN/Supervisory Patent Examiner, Art Unit 3763
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