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 .
Election/Restrictions
Applicant’s election without traverse of Group 1: claims 1-16, and Species 28: Fig 1, 37-38 in the reply filed on 3/04/2025 is acknowledged.
Claims 3-5, 11, and 14-18 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected group or species, there being no allowable generic or linking claim. Applicant withdrew claims 11 and 14-18. Examiner has further withdrawn claims 3-5, drawn to nonelected Species 29: Fig 1, 39. Election was made without traverse in the reply filed on 3/04/2025.
Claim Objections
Claim 8 is objected to because of the following informalities: “the first flat tubes define” appears to be in error for “the first flat tube defines”. Appropriate correction is required.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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 8-10, 12-13 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.
Regarding claim 8, it is unclear if the plurality of first micro-channels and plurality of second micro-channels are related to the plurality of micro-channels recited in claim 1. The limitations of claim 8 will be interpreted as being part of the plurality of micro-channels of claim 1 such that the plurality of micro-channels includes a plurality of first micro-channels and a plurality of second micro-channels.
Claims 9-10 and 12-13 are rejected as being dependent upon the rejected claim.
Claim 12 is 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.
Regarding claim 12, the relationship between “first fluid-collecting tubes” and “first fluid-collecting tube” recited in claim 1 is unclear. The limitation of claim 12 is understood such that there are two first fluid-collecting tubes, wherein the two first fluid-collecting tubes include the first fluid collecting tube.
Regarding claim 12, the relationship between “second fluid-collecting tubes” and “second fluid-collecting tube” recited in claim 1 is unclear. The limitation of claim 12 is understood such that there are two second fluid-collecting tubes, wherein the two second fluid-collecting tubes include the second fluid collecting tube.
Regarding claim 12, it is unclear if “first cooling medium” in line 3 is the same or different from “first cooling medium” recited in claim 8. The limitation of claim 12 will be interpreted as –the first cooling medium--.
Regarding claim 12, it is unclear if “second cooling medium” in line 9 is the same or different from “second cooling medium” recited in claim 8. The limitation of claim 12 will be interpreted as –the second cooling medium--.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 20 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 20 does not further limit claim 19 since it appears that heat exchanger according to claim 2 is intended to replace heat exchanger according to claim 1. Examiner suggests amending claim 20 to --An air conditioning system, comprising the heat exchanger according to claim 2.--. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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.
Claim(s) 1-2, 6-10,12-13, 19-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Aoki (JP 2002243374 A).
Regarding claim 1, Aoki discloses a heat exchanger (Fig 2 intercooler 7), comprising:
a heat exchanging body, comprising at least three layers of flat tubes (Fig 2 and 4 heat transfer pipes 23), wherein each layer of at least three layers of flat tubes comprises a plurality of micro-channels (Fig 4 flow paths 24), and the at least three layers of flat tubes are laminated on each other (see tubes 23 in Fig 4 and page 8: “heat transfer tubes 23b are alternately laminated” “the high-temperature and high-pressure refrigerant heat transfer tubes 23a and the low-temperature and low-pressure refrigerant heat transfer tubes 23b are alternately stacked one by one”); and
a fluid-collecting tube assembly (Fig 2 and 5, header 22), comprising a first fluid-collecting tube (Fig 5, low pressure refrigerant header 22b) and a second fluid-collecting tube (Fig 5 high pressure refrigerant header 22a),
wherein ends of some of the at least three layers of flat tubes are connected to the first fluid-collecting tube (Fig 5, see ends of 23b connected to 22b);
the at least three layers of flat tubes comprise flat tubes that are disposed at an outer side of the at least three layers of flat tubes (Fig 4 and 5, annotated Fig A: see boxed area with three layers of flat tubes, tubes 23a are at outer sides of the three tubes within boxed region); and
ends of the flat tubes that are disposed at an outer side of the at least three layers of flat tubes avoid the first fluid-collecting tube and are connected to the second fluid-collecting tube (annotated Fig A: tubes 23a avoid 22b and are connected to 22a).
Regarding claim 2, Aoki further discloses wherein the at least three layers of flat tubes comprise a first flat tube and two layers of second flat tubes (see annotated Fig A); the first flat tube is disposed between the two layers of second flat tubes (annotated Fig A), an end of the first flat tube is connected to the first fluid-collecting tube (annotated Fig A: first flat tube connected to 22b); and ends of the second flat tubes are bent to avoid the first fluid-collecting tube to be connect to the second fluid-collecting tube (annotated Fig A: see bend in second flat tubes to avoid 22b at the end of intercooler 7 depicted in Fig 5).
Regarding claim 6, Aoki further discloses wherein the first fluid-collecting tube and the second fluid-collecting tube are arranged along a length direction of the flat tubes (annotated Fig A: 22b and 22a arranged along length direction of tubes 23).
Regarding claim 7, Aoki further discloses wherein the first fluid-collecting tube and the second fluid-collecting tube are spaced apart from each other along the length direction of the flat tubes (annotated Fig A: see space between 22b and 22a along length direction).
Regarding claim 8, Aoki further discloses wherein the first flat tubes define a plurality of first micro-channels (see flow passages 24 within tube(s) 23b in Fig 4, annotated Fig A), the second flat tubes define a plurality of second micro-channels (see flow passages 24 within tubes 23a in Fig 4, annotated Fig A);
the first fluid-collecting tube defines a first fluid-collecting channel (Fig 5 communication passage 31 of 22b), configured to provide a first cooling medium (low pressure refrigerant) to the plurality of first micro-channels and/or configured to collect the first cooling medium that flows through the plurality of first micro-channels (see Fig 2 and 5, and page 7: “The intercooler 7 is a countercurrent heat exchanger for exchanging heat between a high-temperature and high-pressure liquid refrigerant passing through the gas cooler 2 and a low-temperature and low-pressure gas refrigerant passing through the evaporator 4 “ and page 8: “refrigerant […] is supplied from the low-temperature and low-pressure refrigerant header 22b of the header 22 on the other end to the communication passage 3[1] thereof […] and communicate with the communication passage 31 of the low-temperature and low-pressure refrigerant header 22b at one end”);
the second fluid-collecting tube defines a second fluid-collecting channel (Fig 5 communication passage 31 of 22a), configured to provide a second cooling medium (high pressure refrigerant) to the plurality of second micro-channels and/or configured to collect the second cooling medium that flows through the plurality of second micro-channels (see Fig 2 and 5, and page 7: “The intercooler 7 is a countercurrent heat exchanger for exchanging heat between a high-temperature and high-pressure liquid refrigerant passing through the gas cooler 2 and a low-temperature and low-pressure gas refrigerant passing through the evaporator 4” and page 8: “…high pressure refrigerant […] is sent from the high-temperature and high-pressure refrigerant header portion 22a of the header 22 on one end to the communication path 31 […] and communicate with the communication path 31 of the high-temperature and high-pressure refrigerant header 22a at the other end”); and
heat is exchanged between the first cooling medium that flows through the plurality of first micro-channels and the second cooling medium that flows through the plurality of second micro-channels (page 7: “The intercooler 7 is a countercurrent heat exchanger for exchanging heat between a high-temperature and high-pressure liquid refrigerant passing through the gas cooler 2 and a low-temperature and low-pressure gas refrigerant passing through the evaporator 4”).
Regarding claim 9, Aoki further discloses wherein the second cooling medium absorbs heat from the first cooling medium to sub-cool the first cooling medium while the second cooling medium is flowing along the plurality of second micro-channels; or the first cooling medium absorbs heat from the second cooling medium to sub-cool the second cooling medium while the first cooling medium is flowing along the plurality of first micro-channels (Fig 4 and 5, page 7: low pressure refrigerant-i.e. first cooling medium flowing within paths 24 of 23b absorbs heat from high pressure refrigerant-i.e. second cooling medium flowing within paths 24 of 23a).
Regarding claim 10, Aoki further discloses wherein a flowing direction of the first cooling medium is the same as, opposite to or perpendicular to a flowing direction of the second cooling medium (page 7: “counter current heat exchanger” meaning the flow of low pressure refrigerant and high pressure refrigerant are opposite).
Regarding claim 12, Aoki further discloses wherein the number of first fluid-collecting tubes is two (see Fig 2, 22b on either side of intercooler 7), the two first fluid-collecting tubes are connected to two ends of the first flat tube respectively (see Fig 2 where the two 22b tubes are connected to 23b at both ends), one of the two first fluid-collecting tubes is configured to supply first cooling medium to the plurality of first micro-channels, and the other one of the two first fluid- collecting tubes is configured to collect the first cooling medium that flows through the plurality of first micro-channels (Fig 2 and page 8: “refrigerant […] is supplied from the low-temperature and low-pressure refrigerant header 22b of the header 22 on the other end to the communication passage 3[1] thereof […] and then pass through the communication passage 31 through the refrigerant flow passages 24 […] and communicate with the communication passage 31 of the low-temperature and low-pressure refrigerant header 22b at one end”); and
the number of second fluid-collecting tubes is two (see Fig 2, 22a on either side of intercooler 7), the two second fluid-collecting tubes are connected to two ends of the second flat tubes respectively (see Fig 2 where the two 22a tubes are connected to 23a at both ends), one of the two second fluid- collecting tubes is configured to supply second cooling medium to the plurality of second micro- channels, and the other one of the two second fluid-collecting tubes is configured to collect the second cooling medium that flows through the plurality of second micro-channels (Fig 2 and page 8: “…high pressure refrigerant […] is sent from the high-temperature and high-pressure refrigerant header portion 22a of the header 22 on one end to the communication path 31. Through the refrigerant flow path 24 of each of the high-temperature and high-pressure refrigerant heat transfer tubes 23a, and communicate with the communication path 31 of the high-temperature and high-pressure refrigerant header 22a at the other end” ).
Regarding claim 13, Aoki further discloses wherein the heat exchanger has a cross section along a direction that the first cooling medium and/or the second cooling medium flows in the heat exchanging body, and the cross section is I shaped, L shaped, U shaped, G shaped, or circular (see Fig 2: cross section of intercooler 7 is I shaped).
Regarding claim 19, Aoki further discloses an air conditioning system (see refrigeration system depicted in Fig 1), comprising the heat exchanger according to claim 1 (see rejection of claim 1 above).
Regarding claim 20, Aoki further discloses wherein the heat exchanger is the heat exchanger according to claim 2 (see rejection of claims 19 and 2 above).
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Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ESMERALDA ARREGUIN-MARTINEZ whose telephone number is (571)270-0174. The examiner can normally be reached M-F 8am - 5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jianying Atkisson can be reached on (571) 270-7740. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ESMERALDA ARREGUIN-MARTINEZ/ Examiner, Art Unit 3763
/JIANYING C ATKISSON/ Supervisory Patent Examiner, Art Unit 3763