DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-9 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation "the mixing zone". There is insufficient antecedent basis for this limitation in the claim.
Claim 8 recites the limitation "a mixing zone". This limitation is unclear and confusing because it is unclear if is referring to the previously mentioned mixing zone.
Allowable Subject Matter
Claims 1-9 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
None of the reference of record suggest or render obvious the limitation of that first guiding ribs are arranged in the port portions, which first guiding ribs in every other flow passage between the heat exchanger plates are configured to guide and distribute the first heat exchange medium from the first inlet channel to the heat exchange portion and from the heat exchange portion to the first outlet channel, and in that second guiding ribs are arranged in the port portions, which second guiding ribs in the remaining flow passages between the heat exchanger plates are configured to guide and distribute the second heat exchange medium from the second inlet channel to the heat exchange portion and from the heat exchange portion to the second outlet channel, wherein fins are arranged in the heat exchange portion of the flow passages between the adjacent heat exchanger plates, which fins creates a number of parallel guide channels for each of the first and second heat exchange medium, respective, wherein the fins are created by a corrugated sheet metal, which has wave peaks and wave troughs, and wherein a number of the first and second guiding ribs extend into the mixing zone and abut against the respective end portion of the fins for positioning and guidance of the corrugated sheet metal of fins in the heat exchange portion of the flow passages, in combination with the other claimed elements. Further, it would not have been obvious to a person of ordinary skill in the art to make such modification, absent permissible hindsight
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. (see PTO-892).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NELSON NIEVES whose telephone number is (571)270-0392. The examiner can normally be reached Monday to Friday 9am to 5pm.
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/NELSON J NIEVES/Primary Examiner, Art Unit 3763 09/16/2026
