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 Objections
Claim 1 is objected to because of the following informalities: “first second” in ll. 3 should be rewritten to be -- first--, and will be interpreted accordingly. Appropriate correction is required.
Claim 1 is objected to because of the following informalities: “wherein the respective distribution structure, respectively the respective collection structure is” in ll. 26 should be rewritten to be -- wherein the respective distribution structure and the respective collection structure is --, and will be interpreted accordingly. Appropriate correction is required.
Claim 10 is objected to because of the following informalities: “a cut in the respective heat exchanger plate forming respective port is arc-shaped along at least a major portion of a transversal extension of said gap” should be rewritten to be -- a cut in the respective heat exchanger plate forming the respective port is arc-shaped along at least a major portion of a transversal extension of said gap --, and will be interpreted accordingly. Appropriate correction is required.
Claim 15 is objected to because of the following informalities: “A heat exchanger” in ll. 1 should be rewritten to be – The heat exchanger --, and will be interpreted accordingly. Appropriate correction is required.
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.
Claims 9, 12 and 15 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Regarding Claim 9, the limitation “wherein a minor portion of the flow from the respective inlet port is transferred to the fin structure via said gap, respectively a minor portion of the flow from the fin structure is transferred to the respective outlet port via said gap.” in ll. 6 is indefinite, in context, since it cannot be discerned what constitutes the minor portions. Are the minor portions referring to multiple portions of flow or rather is there one minor flow portion that travels through multiple portions of the heat exchanger. For Examination purposes and in accordance with the specification and drawings, “wherein a minor portion of the flow from the respective inlet port is transferred to the fin structure via said gap, respectively a minor portion of the flow from the fin structure is transferred to the respective outlet port via said gap” will be interpreted as –wherein a minor portion of the flow from the respective inlet port is transferred to the fin structure via said gap and said minor portion of the flow from the fin structure is transferred to the respective outlet port--.
Regarding Claim 12, the limitation “heat exchanger (100) according to claim, wherein” in ll. 1 is indefinite, in context, since it cannot be discerned from what Claim does Claim 12 depend. For Examination purposes and in accordance with the specification and drawings, Claim 12 will be examined as dependent from Claim 1.
Regarding Claim 15, Claim 15 recites the limitation:
"the distance" in ll. 2;
"the first and second positions" in ll. 2;
"the central interface" in ll. 3;
"the distance" in ll. 2.
"the distance" in ll. 2.
"the distance" in ll. 2.
There is insufficient antecedent basis for this limitation in the claim. For Examination purposes and in accordance with the specification and drawings, Claim 15 will be Examiner as being dependent on Claim 14.
Regarding Claim 15, a broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 15 recites the broad recitation “the distance between the first and second positions is such that any longitudinal gap at the central interface between the first and second part in the first channel of the first set of channels at least does not overlap a midline of any longitudinal gap at the central interface between the first and second part in the first channel of the second set of channels. and vice versa”, and the claim also recites “preferably the distance between the first and second positions is such that any longitudinal gap at the central interface between the first and second part in the first channel of the first set of channels does not overlap with any longitudinal gap at the central interface between the first and second part in the first channel of the second set of channels, and vice versa” which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
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 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 of this title, 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.
Claims 1-3, 5-7, 11-13 and 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Morioka (Translation of JP58205090A) in view of Rosman et al. (USP 4535840A), hereinafter referred to as Morioka and Rosman, respectively.
Regarding Claim 1, Morioka discloses a heat exchanger comprising a stack of heat exchanger plates (2) stacked one on top of the other along a stacking direction (shown at least in figures 2 and 5),
a first set of channels (channels formed through fins (1b)) formed in every first second interspace between the heat exchanger plates (shown in figure 2),
a second set of channels (channels formed through fins (1a)) formed in every second interspace between the heat exchanger plates (shown in figure 2), wherein,
in each of the channels in the first and second set of channels fin structures (1a, 1b) formed of sheets being folded back and forth (shown at least in figure 2) are positioned between the heat exchanger plates (2) such that the respective fin structure abuts the heat exchanger plates (shown at least in figure 2) along a plurality of contact lines having a main extension extending in parallel with a longitudinally extending fin direction thereby defining plurality of fluid channels forming said first and second set of channels (shown in figure 3, wherein the main body fins (1a, 1b) extend from the distributor fin (19) to the collector fin (20)), wherein
each heat exchanger plate (2) comprises four ports (shown in figure 6, being the four corners of the heat exchanger plate that allows for the delivery and removal of working fluid from the heat exchanger) formed at a respective corner portion of the respective heat exchanger plate (shown in figure 6) and configured to form a first inlet port (shown at least in figures 3 and 6, being the lower right port) extending through the stack along the stacking direction (shown at least in figure 5), a first outlet port (shown at least in figures 3 and 6, being the top left port) extending through the stack along the stacking direction (shown at least in figure 5), a second inlet port (shown at least in figures 3 and 6, being the top right port) extending through the stack along the stacking direction (shown at least in figure 5), and a second outlet port (shown at least in figures 3 and 6, being the lower left port) extending through the stack along the stacking direction (shown at least in figure 5),
the first inlet port (shown at least in figures 3 and 6, being the lower right port) and first outlet port (shown at least in figures 3 and 6, being the top left port) being in fluid connection with each other via the first set of channels (1b) and the second inlet port (shown at least in figures 3 and 6, being the top right port) and second outlet port (shown at least in figures 3 and 6, being the lower left port) being in fluid connection with each other via the second set of channels (1a), wherein
the heat exchanger further comprises, in each interspace between the heat exchanger plates, a distribution structure (19) at the respective inlet port (shown in figure 5, being the single distribution structure at the inlet port) and a collection structure (20) at the respective outlet port (shown in figure 5, being the single collection structure at the outlet port), wherein
the respective distribution structure, respectively the respective collection structure is positioned between the respective port (shown in figure 5) and the respective fin structure in the respective first and second set of channels (shown in figure 5, wherein the respective distribution/collection structure is situated within the heat exchanger between the inlet/outlet and the main body fins that extend in a straight manner along the longitudinal direction of the heat exchanger).
Although the heat exchanger plates of Morioka comprise corner cut outs that form the ports, Morioka fails to disclose four through-going openings forming the ports.
Rosman, also drawn to a stacked plate heat exchanger, teaches plates (shown in figure 6c) comprising four through-going openings (71, 73, 81, 85) forming the ports (shown in figure 6c).
The rationale to support a conclusion that the claim would have been obvious is that the substitution of one known element for another yields predictable results to one of ordinary skill in the art. If any of these findings cannot be made, then this rationale cannot be used to support a conclusion that the claim would have been obvious to one of ordinary skill in the art.
Per MPEP 2143-I, a simple substitution of one known element for another, with a reasonable expectation of success supports a conclusion of obviousness. In the instant case, the simple substitution is related to substituting inlet/outlet ports formed between an edge of a respective plate and a housing with inlet/outlet ports formed by four through-going openings in the respective plate; further the prior art to Rosman teaches that it is old and well known to form the ports within the respective plate. Therefore, since modifying the prior art to Morioka with having ports formed by four through-going openings, can easily be made without any change in the operation of the heat exchanger device; and in view of the teachings of the prior art to Rosman there will be reasonable expectations of success, it would have been obvious to have modified the invention of Morioka by having the ports formed by four through-going openings. Rosman shows that ports formed by four through-going openings (shown in figure 6c) is an equivalent structure known in the art, when compared to ports formed between an edge of a respective plate and a housing (shown in figure 6a). Therefore, because these two port forming configurations were art recognized equivalents at the time the invention was made, one of ordinary skill in the art would have found it obvious to substitute ports formed by four through-going openings for ports formed between an edge of a respective plate and a housing.
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Lehman Figure 3
Morioka fails to disclose an internal interface between the respective distribution structure and the fin structure and/or an internal interface between the respective collection structure and the fin structure in the respective channel of the first set of channels and/or in the respective channel of the second set of channels is inclined relative to the longitudinally extending fin direction and is inclined also relative to a transversal direction.
Lehman, also drawn to a stacked plat heat exchanger, teaches an internal interface (shown in annotated figure 3) between the respective collection structure (shown in annotated figure 3) and the fin structure (shown in annotated figure 3) in the respective channel of the first set of channels (shown in annotated figure 3) is inclined relative to the longitudinally extending fin direction and is inclined also relative to a transversal direction (shown in annotated figure 3).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide Morioka with an internal interface between the respective collection structure and the fin structure in the respective channel of the first set of channels is inclined relative to the longitudinally extending fin direction and is inclined also relative to a transversal direction, as taught by Lehman, the motivation being to direct the disposal of any liquid condensates that have formed within the heat exchanger thereby mitigating degradation or failure of said heat exchanger thorough corrosion.
Regarding Claim 2, a modified Morioka further teaches the respective internal interface (shown in annotated figure 3 of Lehman) forms an angle β with the fin direction (shown in figure 3 of Lehman), wherein the angle β is between 95° and 130° (“α, for example of the order of 10 to 20°” col. 4 ll. 4, shown in annotated figure 3 of Lehman wherein α is 90° + 10° to 20°).
In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. See MPEP 2144.05 (I)
Regarding Claim 3, a modified Morioka further teaches the respective internal interface (shown in annotated figure 3 of Lehman) extends along a substantially straight line (shown in annotated figure 3 of Lehman).
Regarding Claim 5, a modified Morioka further teaches a port interface (17, 18) between the respective inlet port and the respective distribution structure (shown at least in figure 5), respectively a port interface between the respective outlet port and the collection structure is inclined relative to the fin direction such that a distance between the port interface and the fin structure (shown at least in figures 5-6), as measured along the fin direction, increases with increasing distance, as seen along an imaginary line extending transversally across the fin direction, from an edge of the respective heat exchanger plate which is closest to the respective port and which extends along the longitudinally extending fin direction (shown at least in figures 5-6)
Regarding Claim 6, a modified Morioka further teaches the respective port interface (17, 18 of Morioka) forms an angle α with the fin direction the angle α is between 110° and 160° (“To reduce flow resistance and miniaturize the device by a method wherein the end faces of the inlet and outlet ports of fluid in a distributing core are slanted by an angle smaller than a right angle with respect to the direction of the flow of fluid in the core of the heat exchanger”, overview section of Morioka).
In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. See MPEP 2144.05 (I)
Regarding Claim 7, a modified Morioka further teaches the respective port interface (17, 18 of Morioka) extends along a substantially straight line (shown in figures 5-6).
Regarding Claim 11, a modified Morioka further teaches the distribution structure (19 of Morioka) is formed by a basically triangular or truncated triangular fin structure (shown at least in figures 5-6).
Regarding Claim 12, a modified Morioka further teaches the respective ports (shown in figure 6, being the four corners of the heat exchanger plate that allows for the delivery and removal of working fluid from the heat exchanger) are formed as substantially triangular ports (shown in figure 6).
Regarding Claim 13, a modified Morioka further teaches first inlet port (shown at least in figures 3 and 6, being the lower right port) is arranged on a first longitudinally extending side (shown at least in figures 3 and 6) of the stack of heat exchanger plates and the first outlet port (shown at least in figures 3 and 6, being the top left port) is arranged on a second longitudinally extending side (shown in figures 3 and 6) of the stack of heat exchanger plates,
the second longitudinally extending side being opposite the first longitudinally extending side (shown in figures 3 and 6), and wherein the second inlet port (shown at least in figures 3 and 6, being the top right port) is arranged on the first longitudinally extending side (shown at least in figures 3 and 6) of the stack of heat exchanger plates and the second outlet port (shown at least in figures 3 and 6, being the lower left port) is arranged on the second longitudinally extending side (shown in figures 3 and 6) of the stack of heat exchanger plates, the first longitudinally extending side being opposite the second longitudinally extending side (shown in figures 3 and 6).
Regarding Claim 16, a modified Morioka further teaches the respective internal interface (shown in annotated figure 3 of Lehman) forms an angle β with the fin direction (shown in figure 3 of Lehman), wherein the angle β is between 95° and 120° (“α, for example of the order of 10 to 20°” col. 4 ll. 4, shown in annotated figure 3 of Lehman wherein α is 90° + 10° to 20°).
Regarding Claim 17, a modified Morioka further teaches an angle α (the angle formed by the end faces (17, 18) of Morioka and the respective longitudinal edge of the plate adjacent the port) is between 120° and 150° (“To reduce flow resistance and miniaturize the device by a method wherein the end faces of the inlet and outlet ports of fluid in a distributing core are slanted by an angle smaller than a right angle with respect to the direction of the flow of fluid in the core of the heat exchanger”, overview section of Morioka).
In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. See MPEP 2144.05 (I).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Morioka (Translation of JP58205090A) in view of Rosman et al. (USP 4535840A) as applied in Claims 1-3, 5-7, 11-13 and 16-17 above and in further view of Ekelund et al. (US PG Pub. 2005/0211421A1), hereinafter referred to as Ekelund.
Regarding Claim 8, although Morioka further discloses the respective distribution structure (19), and/or the respective collection structure (20), extends from a first, transversally central, corner of the respective port towards a second, transversally outer, corner of the respective port (shown in figures 5-6), Morioka fails to disclose a transversally extending gap at the longitudinally extending edge being closest to the respective port.
Ekelund, also drawn to a stacked plate heat exchanger, teaches a transversally extending gap (41, 42) at the longitudinally extending edge being closest to the respective port (shown in figures 5-6).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide Morioka with a transversally extending gap at the longitudinally extending edge being closest to the respective port, as taught by Ekelund, the motivation being to provide “such an efficient separation of liquid and gas already in the plate heat exchanger that the liquid separator used in accordance to the prior art is not any longer necessary. The combined cooling and a separating function may thus be obtained by merely one plate heat exchanger device of the type defined in claim 1 The device is thus very compact”, ¶7.
Claims 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Morioka (Translation of JP58205090A) in view of Rosman et al. (USP 4535840A) as applied in Claims 1-3, 5-7, 11-13 and 16-17 above and in further view of Tanaka et al. (Translation of JP2007205634A), hereinafter referred to as Tanaka.
Regarding Claim 8, although Morioka further teaches the respective distribution structure (19), and/or the respective collection structure (20), extends from a first, transversally central, corner of the respective port towards a second, transversally outer, corner of the respective port (shown in figures 5-6), Morioka fails to disclose a transversally extending gap at the longitudinally extending edge being closest to the respective port.
Tanaka, also drawn to a stacked plate heat exchanger, teaches a transversally extending gap (39) at the longitudinally extending edge being closest to the respective port (shown in figures 5-6, wherein the communication section is formed between the port and the edge of the heat exchanger plate).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide Morioka with a transversally extending gap at the longitudinally extending edge being closest to the respective port, as taught by Tanaka, the motivation being to “prevent the heat of the heat medium from acting on the outer periphery of the first inflow path. As a result, it is possible to suppress the occurrence of thermal stress in the portion, and it is possible to prevent local cracks from occurring in the heat transfer plat”, ¶7.
Regarding Claim 9, as best understood, a modified Morioka further teaches a major portion of a flow from the respective inlet port is distributed via the distribution structure (19) to the fin structure (1a, 1b), respectively a major portion of a flow from the fin structure is collected via the collection structure (20) to the respective outlet port (shown in figures 5-6); wherein a minor portion of the flow from the respective inlet port is transferred to the fin structure via said gap (shown in figures 5-6 of Tanaka, wherein working fluid is delivered to the fin structure bypassing the distribution fins immediately adjacent the respective port), respectively a minor portion of the flow from the fin structure is transferred to the respective outlet port via said gap (shown in figures 5-6 of Tanaka, wherein the minor portion of working fluid travels from the fin structure to the respective outlet).
Claims 1-7, 11-13 and 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Yoo et al. (Translation of KR1020120105790A) in view of Kim et al. (Translation of JP2001066078A), hereinafter referred to as Yoo and Kim, respectively.
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Yoo Figure 2
Regarding Claim 1, Yoo discloses a heat exchanger comprising,
a first set of channels (21) formed in every first second interspace within the heat exchanger (shown in figure 2, “the first and second flow passages 21 and 23 are alternately positioned”),
a second set of channels (23) formed in every second interspace within the heat exchanger (shown in figure 2, “the first and second flow passages 21 and 23 are alternately positioned”), wherein,
in each of the channels in the first and second set of channels fin structures (shown in figures 2-3, wherein the fins form the flow passages (21 and 23)), wherein
the heat exchanger comprises four ports (shown in figures 1-3, being the four corners of the heat exchanger that allows for the delivery and removal of working fluid from the heat exchanger) formed at a respective corner portion of the heat exchanger (shown in figures 1-3) and configured to form a first inlet port (31) extending through the heat exchanger along the height direction (shown in figures 1-3),
a first outlet port (33) extending through the heat exchanger along the height direction (shown in figures 1-3),
a second inlet port (43) extending through the heat exchanger along the height direction (shown in figures 1-3), and
a second outlet port (41) extending through the heat exchanger along the height direction (shown in figures 1-3),
the first inlet port and first outlet port being in fluid connection with each other via the first set of channels (21, shown in figure 2) and the second inlet port and second outlet port being in fluid connection with each other via the second set of channels (23, shown in figure 2), wherein
the heat exchanger further comprises, in each interspace within the heat exchanger, a distribution structure (shown in figure 2, being the channels linking the inlet (31) to the first passages (21)) at the respective inlet port (shown in figure 2) and a collection structure (shown in figure 2, being the channels linking the outlet (33) to the first passages (21)) at the respective outlet port (shown in figure 2), wherein
the respective distribution structure, respectively the respective collection structure is positioned between the respective port (shown in figures 2-3) and the respective fin structure in the respective first and second set of channels (shown in figures 2-3, wherein the respective distribution/collection structure is situated within the heat exchanger between the inlet/outlet and the respective first or second flow passages (21, 23) that extend in a straight manner along the longitudinal direction of the heat exchanger), wherein
an internal interface (shown in annotated figure 2) between the respective distribution structure and the fin structure and/or an internal interface between the respective collection structure and the fin structure in the respective channel of the first set of channels is inclined relative to the longitudinally extending fin direction and is inclined also relative to a transversal direction (shown in figure 2).
Yoo fails to disclose a stack of heat exchanger plates stacked one on top of the other along a stacking direction, every first and second interspace being situated within the heat exchanger between the heat exchanger plates, each heat exchanger plate comprises four ports, the four ports formed at a respective corner portion of the respective heat exchanger plate, a first inlet port extending through the stack along the stacking direction, a first outlet port extending through the stack along the stacking direction, a second inlet port extending through the stack along the stacking direction, and a second outlet port extending through the stack along the stacking direction, in each interspace between the heat exchanger plates.
Kim, also drawn to a stacked plate heat exchanger, teaches a stack of heat exchanger plates (100, 200, 300) stacked one on top of the other along a stacking direction (shown in figures 1-2), first (shown in figure 1, being the respective interspace containing the channels formed by fins (400)) and second (shown in figure 1, being the respective interspace containing the channels formed by fins (400)) interspaces formed between the heat exchanger plates, each heat exchanger plate comprises four ports (shown in figure 1), the four ports formed at a respective corner portion of the respective heat exchanger plate (shown in figure 1), a first inlet port (port associated with the inlet pipe (620a)) extending through the stack along the stacking direction (shown in figure 1), a first outlet port (port associated with outlet pipe (620c)) extending through the stack along the stacking direction (shown in figure 1), a second inlet port (port associated with inlet pipe (620b)) extending through the stack along the stacking direction (shown in figure 1), and a second outlet port (port associated with outlet pipe (620d)) extending through the stack along the stacking direction (shown in figure 1), in each interspace between the heat exchanger plates (shown in figure 1, wherein the interspaces are situated between the stacked heat exchanger plates).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide Yoo with a stack of heat exchanger plates stacked one on top of the other along a stacking direction, every first and second interspace being situated within the heat exchanger between the heat exchanger plates, each heat exchanger plate comprises four ports, the four ports formed at a respective corner portion of the respective heat exchanger plate, a first inlet port extending through the stack along the stacking direction, a first outlet port extending through the stack along the stacking direction, a second inlet port extending through the stack along the stacking direction, and a second outlet port extending through the stack along the stacking direction, in each interspace between the heat exchanger plates, a distribution structure at the respective inlet port and a collection structure at the respective outlet port, as taught by Kim, the motivation being to create the heat exchanger utilizing stacked plates, thereby allowing for a flexible assembly that may be modified to accommodate various levels of heat exchange through modularity or scalability.
Although Yoo discloses fins, Yoo fails to disclose in each of the channels in the first and second set of channels fin structures of sheets being folded back and forth are positioned between the heat exchanger plates such that the respective fin structure abuts the heat exchanger plates along a plurality of contact lines having a main extension extending in parallel with a longitudinally extending fin direction thereby defining plurality of fluid channels forming said first and second set of channels.
Kim, also drawn to a stacked plate heat exchanger, teaches in each of the channels in the first and second set of channels fin structures of sheets being folded back and forth (400) are positioned between the heat exchanger plates (100) such that the respective fin structure abuts the heat exchanger plates (shown at least in figure 3) along a plurality of contact lines having a main extension extending in parallel with a longitudinally extending fin direction thereby defining plurality of fluid channels forming said first and second set of channels (shown in figure 3, wherein the fins form the flow channels).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide Yoo with in each of the channels in the first and second set of channels fin structures of sheets being folded back and forth are positioned between the heat exchanger plates such that the respective fin structure abuts the heat exchanger plates along a plurality of contact lines having a main extension extending in parallel with a longitudinally extending fin direction thereby defining plurality of fluid channels forming said first and second set of channels, as taught by Kim, the motivation being to increase structural integrity of the plate heat exchanger though contact points between the plates and to increase heat exchanger though additional contact area between the plates and the fins.
Regarding Claim 2, a modified Yoo further teaches the respective internal interface (shown in annotated figure 2 of Yoo) forms an angle β with the fin direction (shown in annotated figure 2 of Yoo), wherein the angle β is between 95° and 130° (see analysis below).
The rationale to support a conclusion that the claim would have been obvious is that the substitution of one known element for another yields predictable results to one of ordinary skill in the art. If any of these findings cannot be made, then this rationale cannot be used to support a conclusion that the claim would have been obvious to one of ordinary skill in the art.
Per MPEP 2143-I, a simple substitution of one known element for another, with a reasonable expectation of success supports a conclusion of obviousness. In the instant case, the simple substitution is related to substituting an angle β of Yoo with the angle β being between 95° and 130°; further the prior art to Yoo teaches β being greater than 90° and less than 180° for directing working fluid from the inlet to the main body of fins or to the outlet from the main body of fins, wherein the angle correlates with the pressure drop within the heat exchanger due to guiding the working fluid. Therefore, since modifying the prior art to Yoo with having the angle β being between 95° and 130°, can easily be made without any change in the operation of the heat exchanger device; and in view of the teachings of the prior art to Yoo there will be reasonable expectations of success, it would have been obvious to have modified the invention of Yoo by having β being between 95° and 130° in order regulate a pressure drop within the heat exchanger.
Regarding Claim 3, a modified Yoo further teaches the respective internal interface (shown in annotated figure 2 of Yoo) extends along a substantially straight line (shown in annotated figure 2 of Yoo).
Regarding Claim 4, a modified Yoo further teaches the internal interface (shown in annotated figure 2 above) at the respective inlet port and the internal interface at the respective outlet port (shown in annotated figure 2 above) is inclined in the same direction relative to the transverse direction (shown in annotated figure 2 above).
Regarding Claim 5, a modified Yoo further teaches a port interface (shown in annotated figure 2) between the respective inlet port and the respective distribution structure (shown in annotated figure 2), respectively a port interface between the respective outlet port and the collection structure is inclined relative to the fin direction such that a distance between the port interface and the fin structure (shown in annotated figure 2), as measured along the fin direction, increases with increasing distance, as seen along an imaginary line extending transversally across the fin direction, from an edge of the respective heat exchanger plate which is closest to the respective port and which extends along the longitudinally extending fin direction (shown in annotated figure 2)
Regarding Claim 6, a modified Yoo further teaches the respective port interface (shown in annotated figure 2) forms an angle α with the fin direction the angle α is between 110° and 160° (shown in annotated figure 2).
Regarding Claim 7, a modified Yoo further teaches the respective port interface (shown in annotated figure 2) extends along a substantially straight line (shown in annotated figure 2).
Regarding Claim 11, a modified Yoo further teaches the distribution structure (shown in figure 2, being the channels linking the inlet (31) to the first passages (21)) is formed by a basically triangular or truncated triangular fin structure (shown at least in figures 2-3).
Regarding Claim 12, a modified Yoo further teaches the respective ports (shown in figures 2-3, being the four corners of the heat exchanger plate that allows for the delivery and removal of working fluid from the heat exchanger) are formed as ports (shown in figures 2-3).
It would have been obvious matter of design choice to have the ports be substantially triangular shaped, since such a modification would have involved a mere change in shape of a component. A change in shape is generally recognized as being within the level of ordinary skill in the art. See MPEP 2144.04 IV (B).
Regarding Claim 13, a modified Yoo further teaches first inlet port (31) is arranged on a first longitudinally extending side (shown in figure 2) of the stack of heat exchanger plates (the stack of plates is previously taught by Kim in the rejection of Claim 1) and the first outlet port (33) is arranged on a second longitudinally extending side (shown in figure 2) of the stack of heat exchanger plates (the stack of plates is previously taught by Kim in the rejection of Claim 1),
the second longitudinally extending side being opposite the first longitudinally extending side (shown in figure 2), and wherein the second inlet port (43) is arranged on the first longitudinally extending side (shown in figure 2) of the stack of heat exchanger plates and the second outlet port (41) is arranged on the second longitudinally extending side (shown in figure 2) of the stack of heat exchanger plates (the stack of plates is previously taught by Kim in the rejection of Claim 1), the first longitudinally extending side being opposite the second longitudinally extending side (shown in figure 2).
Regarding Claim 16, a modified Yoo further teaches the respective internal interface (shown in annotated figure 2) forms an angle β with the fin direction (shown in annotated figure 2), wherein the angle β is between 95° and 120° (see analysis below).
The rationale to support a conclusion that the claim would have been obvious is that the substitution of one known element for another yields predictable results to one of ordinary skill in the art. If any of these findings cannot be made, then this rationale cannot be used to support a conclusion that the claim would have been obvious to one of ordinary skill in the art.
Per MPEP 2143-I, a simple substitution of one known element for another, with a reasonable expectation of success supports a conclusion of obviousness. In the instant case, the simple substitution is related to substituting an angle β of Yoo with the angle β being between 95° and 120°; further the prior art to Yoo teaches β being greater than 90° and less than 180° for directing working fluid from the inlet to the main body of fins or to the outlet from the main body of fins, wherein the angle correlates with the pressure drop within the heat exchanger due to guiding the working fluid. Therefore, since modifying the prior art to Yoo with having the angle β being between 95° and 120°, can easily be made without any change in the operation of the heat exchanger device; and in view of the teachings of the prior art to Yoo there will be reasonable expectations of success, it would have been obvious to have modified the invention of Yoo by having β being between 95° and 120° in order regulate a pressure drop within the heat exchanger.
Regarding Claim 17, a modified Yoo further teaches an angle α (shown in annotated figure 2) is between 120° and 150° (shown in annotated figure 2).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Yoo et al. (Translation of KR1020120105790A) in view of Kim et al. (Translation of JP2001066078A) as applied in Claims 1-7, 11-13 and 16-17 above and in further view of Ekelund et al. (US PG Pub. 2005/0211421A1), hereinafter referred to as Ekelund.
Regarding Claim 8, although Yoo further teaches the respective distribution structure (shown in figure 2, being the channels linking the inlet (31) to the first passages (21)), and/or the respective collection structure (shown in figure 2, being the channels linking the outlet (33) to the first passages (21)), extends from a first, transversally central, corner of the respective port towards a second, transversally outer, corner of the respective port (shown in figures 2-3), Yoo fails to disclose a transversally extending gap at the longitudinally extending edge being closest to the respective port.
Ekelund, also drawn to a stacked plate heat exchanger, teaches a transversally extending gap (41, 42) at the longitudinally extending edge being closest to the respective port (shown in figures 5-6).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide Yoo with a transversally extending gap at the longitudinally extending edge being closest to the respective port, as taught by Ekelund, the motivation being to provide “such an efficient separation of liquid and gas already in the plate heat exchanger that the liquid separator used in accordance to the prior art is not any longer necessary. The combined cooling and a separating function may thus be obtained by merely one plate heat exchanger device of the type defined in claim 1 The device is thus very compact”, ¶7.
Claims 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Yoo et al. (Translation of KR1020120105790A) in view of Kim et al. (Translation of JP2001066078A) as applied in Claims 1-7, 11-13 and 16-17 above and in further view of Tanaka et al. (Translation of JP2007205634A), hereinafter referred to as Tanaka.
Regarding Claim 8, although Yoo further teaches the respective distribution structure (shown in figure 2, being the channels linking the inlet (31) to the first passages (21)), and/or the respective collection structure (shown in figure 2, being the channels linking the outlet (33) to the first passages (21)), extends from a first, transversally central, corner of the respective port towards a second, transversally outer, corner of the respective port (shown in figures 2-3), Yoo fails to disclose a transversally extending gap at the longitudinally extending edge being closest to the respective port.
Tanaka, also drawn to a stacked plate heat exchanger, teaches a transversally extending gap (39) at the longitudinally extending edge being closest to the respective port (shown in figures 5-6, wherein the communication section is formed between the port and the edge of the heat exchanger plate).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide Yoo with a transversally extending gap at the longitudinally extending edge being closest to the respective port, as taught by Tanaka, the motivation being to “prevent the heat of the heat medium from acting on the outer periphery of the first inflow path. As a result, it is possible to suppress the occurrence of thermal stress in the portion, and it is possible to prevent local cracks from occurring in the heat transfer plat”, ¶7.
Regarding Claim 9, as best understood, a modified Yoo further teaches a major portion of a flow from the respective inlet port is distributed via the distribution structure (shown in figure 2, being the channels linking the inlet (31) to the first passages (21)) to the fin structure (21), respectively a major portion of a flow from the fin structure is collected via the collection structure (shown in figure 2, being the channels linking the outlet (33) to the first passages (21)) to the respective outlet port (33); wherein a minor portion of the flow from the respective inlet port is transferred to the fin structure via said gap (shown in figures 5-6 of Tanaka, wherein working fluid is delivered to the fin structure bypassing the distribution fins immediately adjacent the respective port), respectively a minor portion of the flow from the fin structure is transferred to the respective outlet port via said gap (shown in figures 5-6 of Tanaka, wherein the minor portion of working fluid travels from the fin structure to the respective outlet).
Allowable Subject Matter
Claims 10 and 14 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.
Conclusion
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/PAUL ALVARE/Primary Examiner, Art Unit 3763
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