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 § 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 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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under pre-AIA 35 U.S.C. 103(a) 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.
Claim(s) 1, 3-10, and 12-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ito et al. (US 2019/0049185) in view of Matsunaga (US 2016/0097569).
Per claim 1, Ito teaches an evaporator (figures 8 and 3 combined (generally shown as figure 12)) (to clarify, para. 0082 discloses figure 3 and figure 8 used in combination to form an evaporator; “Outdoor heat exchanger 30 may include two or more heat exchange bodies 17 selected from heat exchange bodies 17 shown in FIGS. 3 to 11.”, para. 0082) comprising
fins (12) disposed at a predetermined interval in a fin thickness direction (direction “B” shown in figure 13);
heat transfer tubes (11) extending through the fins (12) in the fin thickness direction (see figure 13),
a first heat exchange section (figure 8) in which, when the heat transfer tubes are viewed in the fin thickness direction (“B”), a center of distribution of the heat transfer tubes (11 shown in figure 8) in an airflow direction (D) is on a leeward side of the center of the fins (11) in the airflow direction (D), and
a second heat exchange section (figure 3) in which , when the heat transfer tubes (12) are viewed in the fin thickness direction (B), the center of the distribution of the heat transfer tubes (12 shown in figure 3) is on a windward side of the center of the fins (11) in the airflow direction (D),
wherein
the first heat exchanger section (figure 8) and the second heat exchange section (figure 3) are arranged side-by-side in a linear and coplanar configuration (see annotated figure below of figure 12 below) along in a longitudinal axis of the fins (axis of direction “B” shown in figure 12) (further, the first and second heat exchanger sections are three dimensional objects are arranged in all directions including a longitudinal direction of the fins), and
the evaporator is disposed in a refrigeration cycle (figure1) apparatus but fails to explicitly teach wherein the refrigeration cycle apparatus includes a non-azeotropic refrigerant mixture is enclosed.
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However, Matsunaga teaches a refrigeration cycle apparatus including a refrigerant comprising a non-azeotropic refrigerant mixture (para. 0032-0051) for a long term reliable refrigeration cycle apparatus (para. 0014). Therefore it would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide a non-azeotropic refrigerant mixture, as taught by Matsunaga in the invention of Ito, as modified, in order to advantageously provide a long term reliable refrigeration cycle apparatus (para. 0014).
Per claim 3, Ito, as modified, meets the claim limitations as disclosed in the above rejection of claim 1. Further, Ito, as modified, teaches a third heat exchange section (figure 7) in which the center of the distribution of the heat transfer tubes coincides with the center of the fins in the airflow direction (“D”) when the heat transfer tubes are viewed in the fin thickness direction (see figure 7) (to clarify, para. 0082 discloses figure 3, figure 7, and figure 8 can be used in combination; “Outdoor heat exchanger 30 may include two or more heat exchange bodies 17 selected from heat exchange bodies 17 shown in FIGS. 3 to 11”, para. 0082).
Per claim 4, Ito, as modified, meets the claim limitations as disclosed in the above rejection of claim 2. Further, Ito, as modified, teaches wherein the first heat exchange section (figure 8) is integral with the second heat exchange section (figure 3) (the section all part of the same assembly and are considered integral to one another).
Further, MPEP 2144.02, section V, paragraph B, recites “the use of a one piece construction instead of the structure disclosed in [the prior art] would be merely a matter of obvious engineering choice”. Therefore it would have been obvious to one having ordinary skill in the art at the time the invention was made to provide integral heat exchange sections in order to advantageously reduce the number of parts in the assembly, thereby reducing assembly time and assembly cost.
It is noted that the reference teaches the pieces being manufactured and mounted/assembled to each other, forming an integrated unit. Therefore, since the Ito, as modified, teaches the manufacturing of an element and assembly to form a single integrated unit, Ito, as modified, fully meets the claimed limitations of “integral” given its broadest reasonable interpretation.
Per claim 5, Ito, as modified, meets the claim limitations as disclosed in the above rejection of claim 3. Further, Ito, as modified, teaches wherein the first heat exchange section (figure 8) is integral with the second heat exchange section (figure 3) (the sections are all part of the same assembly and are considered integral to one another).
Further, MPEP 2144.02, section V, paragraph B, recites “the use of a one piece construction instead of the structure disclosed in [the prior art] would be merely a matter of obvious engineering choice”. Therefore it would have been obvious to one having ordinary skill in the art at the time the invention was made to provide integral heat exchange sections in order to advantageously reduce the number of parts in the assembly, thereby reducing assembly time and assembly cost.
It is noted that the reference teaches the pieces being manufactured and mounted/assembled to each other, forming an integrated unit. Therefore, since the Ito, as modified, teaches the manufacturing of an element and assembly to form a single integrated unit, Ito, as modified, fully meets the claimed limitations of “integral” given its broadest reasonable interpretation.
Per claim 6, Ito teaches an evaporator (figures 8 and 3 combined (generally shown as figure 12)) (to clarify, para. 0082 discloses figure 3 and figure 8 used in combination to form an evaporator; “Outdoor heat exchanger 30 may include two or more heat exchange bodies 17 selected from heat exchange bodies 17 shown in FIGS. 3 to 11.”, para. 0082) comprising fins (12) disposed at a predetermined interval in a fin thickness direction (“B”); heat transfer tubes (13/14) extending through the fins in the fin thickness direction a first heat exchange section in which a distance from a windward-side end of one of the heat transfer tubes disposed on a most windward side in an airflow direction to a windward-side end of the fins is a first dimension (dimension from 12A to 13 as shown in figure 8), and a second heat exchange section in which a distance from a windward-side end of one of the heat transfer tubes disposed on a most windward side in the airflow direction to a windward-side end of the fins is a second dimension smaller than the first dimension (dimension from 12A to 13 as shown in figure 3),
wherein
the first heat exchanger section (figure 8) and the second heat exchange section (figure 3) are arranged side-by-side in a linear and coplanar configuration (see annotated figure above of figure 12) along a longitudinal axis of the fins (axis of direction “B” shown in figure 12) (further, the first and second heat exchanger sections are three dimensional objects are arranged in all directions including a longitudinal direction of the fins), and
the evaporator is disposed in a refrigeration cycle (figure1) apparatus but fails to explicitly teach wherein the refrigeration cycle apparatus includes a non-azeotropic refrigerant mixture is enclosed.
However, Matsunaga teaches a refrigeration cycle apparatus including a refrigerant comprising a non-azeotropic refrigerant mixture (para. 0032-0051) for a long term reliable refrigeration cycle apparatus (para. 0014). Therefore it would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide a non-azeotropic refrigerant mixture, as taught by Matsunaga in the invention of Ito, as modified, in order to advantageously provide a long term reliable refrigeration cycle apparatus (para. 0014).
Per claim 7, Ito, as modified, meets the claim limitations as disclosed in the above rejection of claim 6. Further, Ito, as modified, teaches a third heat exchange section (figure 7) in which a first distance (12A to 13 as shown in figure 7) is equal to a second distance (12B to 14 as shown in figure 7), wherein the first distance is from a windward-side end of one of the heat transfer tubes disposed on a most windward side in the airflow direction to a windward-side end of the fins (see figure 7), and the second distance is from a leeward-side end of one of the heat transfer tubes disposed on a most leeward side in the airflow direction to a leeward-side end of the fins (see figure 7).
Claim 8 recites similar limitations as claim 4 and is rejected to in a similar manner.
Claim 9 recites similar limitations as claim 5 and is rejected to in a similar manner.
Per claim 10, Ito teaches an evaporator (figures 8 and 3 combined (generally shown as figure 12)) (to clarify, para. 0082 discloses figure 3 and figure 8 used in combination to form an evaporator; “Outdoor heat exchanger 30 may include two or more heat exchange bodies 17 selected from heat exchange bodies 17 shown in FIGS. 3 to 11.”, para. 0082) comprising fins (12) disposed at a predetermined interval in a fin thickness direction (“B”); and heat transfer tubes (13/14) extending through the fins in the fin thickness direction, wherein each of the fins has cutouts (space cut out of 12 to accommodate 13 and 14) that are in a direction orthogonal to an air flow direction (“D”) and the fin thickness direction (“B”), the heat transfer tubes (13/14) are flat multi-hole pipes (see figure 3) inserted into the cutouts (see figure 3),
the evaporator further comprises
a first heat exchange section (see figure 8) in which an opening side of the cutouts (opening side cut out accommodating 14) is on a leeward side in the airflow direction (see figure 8); and
a second heat exchanger section (figure 3) in which the opening side of the cutouts is disposed on a windward side in the airflow direction (opening side cut out accommodating 13, see figure 3),
wherein the first heat exchanger section (figure 8) and the second heat exchange section (figure 3) are arranged side-by-side in a linear and coplanar configuration (see annotated figure above of figure 12) along a longitudinal axis of the fins (axis of direction “B” shown in figure 12) (further, the first and second heat exchanger sections are three dimensional objects are arranged in all directions including a longitudinal direction of the fins), and
wherein the evaporator is disposed in a refrigeration cycle (figure1) apparatus but fails to explicitly teach wherein the refrigeration cycle apparatus includes a non-azeotropic refrigerant mixture is enclosed.
However, Matsunaga teaches a refrigeration cycle apparatus including a refrigerant comprising a non-azeotropic refrigerant mixture (para. 0032-0051) for a long term reliable refrigeration cycle apparatus (para. 0014). Therefore it would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide a non-azeotropic refrigerant mixture, as taught by Matsunaga in the invention of Ito, as modified, in order to advantageously provide a long term reliable refrigeration cycle apparatus (para. 0014).
Claim 12 recites similar limitations as claim 4 and is rejected to in a similar manner.
Per claim 13, Ito, as modified, teaches a refrigeration cycle apparatus (figure 1) comprising the evaporator (3) according to claim 1, wherein the refrigerant comprises the non-azeotropic refrigerant mixture but fails to explicitly teach wherein the non-azeotropic refrigerant mixture includes any of an HFC (hydrofluorocarbon) refrigerant, an HFO (hydrofluoroolefin) refrigerant, CF3I (trifluoroiodomethane), and a natural refrigerant.
However, Matsunaga teaches a refrigerant comprising a non-azeotropic refrigerant mixture including a natural refrigerant (para. 0046) for a long term reliable refrigeration cycle apparatus (para. 0014). Therefore it would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide a non-azeotropic refrigerant mixture including at least a natural refrigerant, as taught by Matsunaga in the invention of Ito, as modified, in order to advantageously provide a long term reliable refrigeration cycle apparatus (para. 0014).
Per claim 14, Ito, as modified, a refrigeration cycle apparatus (figure 1) comprising the evaporator (3) according to claim 1, wherein the refrigerant comprises the non-azeotropic refrigerant mixture but fails to explicitly teach wherein the non-azeotropic refrigerant mixture includes any of R32, R1132(E), R1234yf, R1234ze, CF3I, and C02.
However, Matsunaga teaches a refrigerant comprising a non-azeotropic refrigerant mixture including at least R1132(E) (para. 0044) for a long term reliable refrigeration cycle apparatus (para. 0014). Therefore it would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide a non-azeotropic refrigerant mixture including at least R1132(E), as taught by Matsunaga in the invention of Ito, as modified, in order to advantageously provide a long term reliable refrigeration cycle apparatus (para. 0014).
Per claim 15, Ito, as modified, a refrigeration cycle apparatus (figure 1) comprising the evaporator (3) according to claim 1, wherein the refrigerant comprises the non-azeotropic refrigerant mixture but fails to explicitly teach wherein the non-azeotropic refrigerant mixture includes at least R1132(E), R32, and R1234yf.
However, Matsunaga teaches a refrigerant comprising a non-azeotropic refrigerant mixture including at least R1132(E) (para. 0041), R32 (para. 0033), and R1234yf (para. 0044) for a long term reliable refrigeration cycle apparatus (para. 0014). Therefore it would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide a non-azeotropic refrigerant mixture including at least R1132(E), R32, and R1234yf, as taught by Matsunaga in the invention of Ito, as modified, in order to advantageously provide a long term reliable refrigeration cycle apparatus (para. 0014).
Per claim 16, Ito, as modified, a refrigeration cycle apparatus (figure 1) comprising the evaporator (3) according to claim 1, wherein the refrigerant comprises the non-azeotropic refrigerant mixture but fails to explicitly teach wherein the non-azeotropic refrigerant mixture includes at least R1132(E), R1123, and R1234yf.
However, Matsunaga teaches a refrigerant comprising a non-azeotropic refrigerant mixture including at least R1132(E) (para. 0041), R1123 (para. 0040), and R1234yf (para. 0044) for a long term reliable refrigeration cycle apparatus (para. 0014). Therefore it would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide a non-azeotropic refrigerant mixture including at least R1132(E), R1123, and R1234yf, as taught by Matsunaga in the invention of Ito, as modified, in order to advantageously provide a long term reliable refrigeration cycle apparatus (para. 0014).
Per claim 17, Ito, as modified, a refrigeration cycle apparatus (figure 1) comprising the evaporator (3) according to claim 1, wherein the refrigerant comprises the non-azeotropic refrigerant mixture but fails to explicitly teach wherein the non-azeotropic refrigerant mixture includes at least R1132(E) and R1234yf.
However, Matsunaga teaches a refrigerant comprising a non-azeotropic refrigerant mixture including at least R1132(E) (para. 0041) and, and R1234yf (para. 0044) for a long term reliable refrigeration cycle apparatus (para. 0014). Therefore it would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide a non-azeotropic refrigerant mixture including at least R1132(E) and R1234yf, as taught by Matsunaga in the invention of Ito, as modified, in order to advantageously provide a long term reliable refrigeration cycle apparatus (para. 0014).
Per claim 18, Ito, as modified, a refrigeration cycle apparatus (figure 1) comprising the evaporator (3) according to claim 1, wherein the refrigerant comprises the non-azeotropic refrigerant mixture but fails to explicitly teach wherein the non-azeotropic refrigerant mixture includes at least R32, R1234yf, and at least one of R1132a or R1114.
However, Matsunaga teaches a refrigerant comprising a non-azeotropic refrigerant mixture including at least R1234yf (para. 0044) and R1132a (para. 0043) for a long term reliable refrigeration cycle apparatus (para. 0014). Therefore it would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide a non-azeotropic refrigerant mixture including at least R1234yf and R1132a, as taught by Matsunaga in the invention of Ito, as modified, in order to advantageously provide a long term reliable refrigeration cycle apparatus (para. 0014).
Per claim 19, Ito, as modified, a refrigeration cycle apparatus (figure 1) comprising the evaporator (3) according to claim 1, wherein the refrigerant comprises the non-azeotropic refrigerant mixture but fails to explicitly teach wherein the non-azeotropic refrigerant mixture includes at least R32, CO2, R125, R134a, and R1234yf.
However, Matsunaga teaches a refrigerant comprising a non-azeotropic refrigerant mixture including at least R32 (para. 0033), CO2 (para. 0046), R125 (para. 0034), R134a (para. 0035), and R1234yf (para. 0044) for a long term reliable refrigeration cycle apparatus (para. 0014). Therefore it would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide a non-azeotropic refrigerant mixture including at least R32, CO2, R125, R134a, and R1234yf, as taught by Matsunaga in the invention of Ito, as modified, in order to advantageously provide a long term reliable refrigeration cycle apparatus (para. 0014).
Per claim 20, Ito, as modified, a refrigeration cycle apparatus (figure 1) comprising the evaporator (3) according to claim 1, wherein the refrigerant comprises the non-azeotropic refrigerant mixture but fails to explicitly teach wherein the non-azeotropic refrigerant mixture includes at least R1132(Z) and R1234yf.
However, Matsunaga teaches a refrigerant comprising a non-azeotropic refrigerant mixture including at least R1132(Z) (para. 0042) and R1234yf (0044) for a long term reliable refrigeration cycle apparatus (para. 0014). Therefore it would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide a non-azeotropic refrigerant mixture including at least R1132(Z) and R1234yf, as taught by Matsunaga in the invention of Ito, as modified, in order to advantageously provide a long term reliable refrigeration cycle apparatus (para. 0014).
Response to Arguments
In regards to the Applicant’s argument on page 10 that the cited reference do not disclose or suggest the first heat exchanger section and the second heat exchange section being arranged side-by-side in a linear and coplanar configuration along either a longitudinal axis of the fins and or a longitudinal axis of the heat transfer tubes; the Examiner respectfully disagrees. The upper surface of each heat exchange section shown in figure 12 is arranged “side-by-side” in a linear and coplanar configuration in the longitudinal axis of the fins (i.e. the B direction shown in figure 12 is considered the longitudinal axis of the fin). See the annotated figure above in the rejection of claim 1. Therefore the applicant’s argument is not persuasive and the rejection remains.
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 DAVID J TEITELBAUM whose telephone number is (571)270-5142. The examiner can normally be reached on Monday-Friday 8:00 am-4:30 pm EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, FRANTZ JULES can be reached on (571) 272-66816681. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAVID J TEITELBAUM/Primary Examiner, Art Unit 3763