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 .
Status of Claims
This action is in response to the amendment filed on 2026 February 25.
No claims have been amended.
Claims 4-8 have been cancelled.
Claims 21-23 have been added.
Claims 1-3 and 9-23 are currently pending.
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.
(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.
Claims 1-23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Patent No.: US 4,676,305 A (herein “Doty”).
Regarding claim 1, Doty discloses a microtube heat exchanger system (Figs. 1 and 3) capable of being used in an aircraft, the microtube heat exchanger system comprising:
an aircraft environment control system (ECS) including a coolant supply (Fig. 3, left 3) and a coolant return (Fig. 3, right manifold 3) (Doty’s ECS is capable of being used in an aircraft);
a first end plate (Fig. 3, right end plate 2) comprising a first plurality of openings (Figs. 1 and 3 show openings for the microtubes) coupled to the coolant return;
a second end plate (Fig. 3, left end plate 2) comprising a second plurality of openings (Figs. 1 and 3 show openings for the microtubes) coupled to the coolant supply; and
a plurality of microtubes (1) welded (col. 8, lines 53-54) to the first end plate and to the second end plate, the plurality of microtubes extending between the first plurality of openings and the second plurality of openings (shown in Fig. 1).
It is noted that claim 1 contains a product by process limitation (i.e. laser welded) and that the product by process limitation does not limit the claim to recite the step, just the structure obtained by performing the step. Further, in product-by-process claims, “once a product appearing to be substantially identical is found and a 35 U.S.C. 102/103 rejection [is] made, the burden shifts to the applicant to show an unobvious difference.” MPEP 2113. This rejection under 35 U.S.C. 102/103 is proper because the “patentability of a product does not depend on its method of production.” In re Thorpe, 227 USPQ 964, 966 (Fed. Cir. 1985).
Regarding claim 2, Doty discloses the microtube heat exchanger system of claim 1, wherein the plurality of microtubes are arranged as a tube stack extending between the first end plate and the second end plate (shown in Fig. 1).
Regarding claim 3, Doty discloses the microtube heat exchanger system of claim 1, wherein the plurality of microtubes comprises at least a thousand microtubes (col. 8, lines 50-53) (eight rows of 200 microtubes).
Regarding claim 9, Doty discloses the microtube heat exchanger system of claim 1, wherein the ECS is capable of being used in a pod application for the aircraft.
Regarding claim 10, Doty discloses the microtube heat exchanger system of claim 1, wherein the ECS is capable of being coupled to at least one of roll on equipment or weapons systems.
Regarding claim 11, Doty discloses the microtube heat exchanger system of claim 1, further comprising an ECS expansion tank (tank 14 with expansion joints 16) fluidly coupled to the ECS.
Regarding claim 12, Doty discloses the microtube heat exchanger system of claim 1, wherein the ECS is capable of being coupled to a supply of RAM air.
Regarding claim 13, Doty discloses the microtube heat exchanger system of claim 12, wherein the supply of RAM air could be exhausted from a rear of the aircraft.
Regarding claim 14, Doty discloses the microtube heat exchanger system of claim 1, wherein the first end plate, the second end plate, and the plurality of microtubes at least partially form a heat exchanger core (a heat exchanger core is shown in Figs. 1 and 3).
Regarding claim 15, Doty discloses the microtube heat exchanger system of claim 1, wherein each microtube of the plurality of microtubes includes an outer diameter that is less than or equal to 0.080 inches (col. 2, lines 63) (0.8 mm is less than 0.08 inches).
Regarding claim 16, Doty discloses the microtube heat exchanger system of claim 15, wherein each microtube of the plurality of microtubes includes an inner diameter that is greater than or equal to 0.010 inches (col. 6, lines 46-47) (tube thickness of 0.25 mm yields an inner diameter of 0.55 mm or 0.022 inches).
Regarding claim 17, Doty discloses the microtube heat exchanger system of claim 16, wherein a tube wall thickness for each microtube of the plurality of microtubes is greater than 0.0005 inches (col. 6, lines 46-47) (tube thickness of 0.25 mm which is greater than 0.0005 inches).
Regarding claim 18, Doty discloses the microtube heat exchanger system of claim 17, wherein the tube wall thickness is 0.002 inches or less (col. 8, lines 10-12) (tube wall thickness of 50 microns which is less than 0.002 inches).
Regarding claim 19, Doty discloses the microtube heat exchanger system of claim 1, wherein at least some microtubes of the plurality of microtubes are arranged to bias a flow of a fluid passing along an exterior of at least some microtubes of the plurality of microtubes (shown in Fig. 2, the arrangement of microtubes can provide a flow bias along the angled lines).
Regarding claim 20, Doty discloses the microtube heat exchanger system of claim 19, wherein an arrangement of the at least some microtubes of the plurality of microtubes is either an aligned arrangement or a staggered arrangement (shown in Fig. 2, the tubes are both staggered top to bottom and aligned along the angled line).
Regarding claim 21, Doty discloses a microtube a microtube heat exchanger system (Figs. 1 and 3) capable of being used in an aircraft, the microtube heat exchanger system comprising:
an aircraft environment control system (ECS) including a coolant supply (Fig. 3, supply at left manifold 3) and a coolant return (Fig. 3, return at right manifold 3) (Doty’s ECS is capable of being used in an aircraft); and
a microtube heat exchanger (Fig. 1) fluidly coupled to the ECS, the microtube heat exchanger comprising:
a first end plate (Fig. 3, right end plate 2) comprising a first plurality of openings (Figs. 1 and 3 show openings for the microtubes) coupled to the coolant return;
a second end plate (Fig. 3, left end plate 2) comprising a second plurality of openings (Figs. 1 and 3 show openings for the microtubes) coupled to the coolant supply; and
a plurality of microtubes (1) welded (col. 8, lines 53-54) to the first end plate and to the second end plate, the plurality of microtubes extending between the first plurality of openings and the second plurality of openings (shown in Fig. 1).
It is noted that claim 1 contains a product by process limitation (i.e. laser welded) and that the product by process limitation does not limit the claim to recite the step, just the structure obtained by performing the step. Further, in product-by-process claims, “once a product appearing to be substantially identical is found and a 35 U.S.C. 102/103 rejection [is] made, the burden shifts to the applicant to show an unobvious difference.” MPEP 2113. This rejection under 35 U.S.C. 102/103 is proper because the “patentability of a product does not depend on its method of production.” In re Thorpe, 227 USPQ 964, 966 (Fed. Cir. 1985).
Regarding claim 22, Doty discloses the microtube heat exchanger system of claim 21, wherein the ECS further includes a supply manifold (Fig. 3; left manifold at 3) including the coolant supply.
Regarding claim 23, Doty discloses the microtube heat exchanger system of claim 22, wherein the ECS further includes a return manifold (Fig. 3; right manifold at 3) including the coolant return.
Response to Arguments
Applicant’s arguments with respect to the 112(a) and 112(b) have been fully considered and are persuasive. In view of the amendment to the claims, the previous rejections have been withdrawn.
Applicant's arguments with respect to the 102 rejections have been fully considered but they are not persuasive.
Applicant argues – claim 1 requires an aircraft environmental control system which is wholly absent from Doty, and therefore, Doty cannot anticipate claim 1.
This is not persuasive because the term “aircraft” in this limitation is merely a recitation of intended use that fails to define any structural features beyond what is disclosed by Doty. This is evidenced by the fact that Applicant does not point to any structural features which they believe the claim requires and that Doty does not disclose.
Since Doty discloses every structural feature of the invention as claimed, the rejection is maintained.
Applicant argues – the determination that Doty’s ECS is capable of being used in an aircraft fails to rise to the level of an anticipated standard.
This is not persuasive because MPEP 2114 clearly states “Apparatus claims cover what a device is, not what a device does... a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus if the prior art apparatus teaches all the structural limitations of the claim."
Since Doty discloses every structural feature of the invention as claimed, the rejection is maintained.
Applicant argues – claim 11 requires an ECS expansion tank and that the pressure vessel 14 of Doty is not equivalent to the claimed ECS expansion tank.
This is not persuasive because the structure disclosed by Doty is equivalent to the structure that is currently claimed. Doty clearly states that element 14 is a tank and has expansion joints to accommodate thermal expansion. The claim does not require any additional structure beyond what is disclosed by Doty.
Since Doty discloses every structural feature of the invention as claimed, the rejection is maintained.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jon T. Schermerhorn Jr. whose telephone number is (571)270-5283. The examiner can normally be reached M-F 9am to 5pm.
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/JON T. SCHERMERHORN JR./ Primary Examiner, Art Unit 3763