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
Claims 11-15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected group there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 7/13/2025.
Applicant's election with traverse of group I in the reply filed on 7/13/2025 is acknowledged. The traversal is on the ground(s) that the two group have common distinguishable features over the prior art and meet the unitary requirement. This is not found persuasive because the basis for the restriction is based on US Practice under 35 U.S.C 121, in that the invention I and II are independent or distinct and there would be a serious search and/or search burden if restriction were not required.
The requirement is still deemed proper and is therefore made FINAL.
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.
Claim 3 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.
Claim 3 recites the limitation "the first peripheral wall" in line 2. There is insufficient antecedent basis for this limitation in the claim. It is not clear whether applicant refers “the first peripheral wall” to “a first inner peripheral wall” or “a first outer peripheral wall” cited in claim 1.
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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 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.
Claims 1 and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Azzouz K. et al. (FR 3075346A1). Regarding claim 1, Azzouz discloses (figure 4) a heat exchanger, comprising a collecting pipe (4) having a first cavity (E1) and a first inner peripheral wall (inner wall of 4) forming the first cavity (6); a plurality of heat exchange tubes (3) disposed along a length direction of the collecting pipe (see figure 1), each heat exchange tube (3) having a second cavity communicating with the first cavity (6); and a distributor (7) at least partially located in the first cavity, the distributor having a main cavity (19b) and a flow channel, the distributor (7) comprising a second inner peripheral wall (8a) forming the main cavity (19b) and a first outer peripheral wall (8b) facing the first inner peripheral wall (4); wherein the flow channel is formed with a first port (36) at the second inner peripheral wall (8a) and a second port (11) at the first outer peripheral wall (8b), the first port (36) communicates with the main cavity (19B), the second port (11) communicates with the first cavity (6), a smallest circle around the first port is defined as a first outer circle, a smaller around the second port is defined as a second outer circle, and an axis of the first outer circle is not coaxial with an axis of the second outer circle (axes of the ports 11 and 36 are not coaxial, therefore, its smallest circle around the ports are not coaxial). Regarding claim 8, the method of forming the device (welded) is not germane to the issue of the patentability of the device itself. "[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process." In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985). Azzouz et al. further discloses that the first outer peripheral wall (8b) of the distributor is welded with the first inner peripheral wall (4) via flange (14). (section 4.5, see translation)
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 (i.e., changing from AIA to pre-AIA ) 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, 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 16 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Azzouz K et al. (FR 3059396A1) in view of Beamer et al. (US 20090173482A1). Azzouz discloses (figures 1 and 7) a heat exchanger comprising a collecting pipe (7) defining a first cavity (9) extending along a horizontal direction; a plurality of heat exchange tubes (12) extending along a vertical direction perpendicular to the horizontal direction; the heat exchange tube (12) being retained to the collecting pipe (7); and a distributor (18b) disposed in the first cavity, the distributor (18b) defining a main cavity (cavity inside conduit 14) extending along the horizontal direction and a flow channel communicating with the main cavity and the first cavity, the distributor comprising a first end wall (wall section of 19 facing tube 12) facing the heat exchange tubes (12) wherein the distributor comprises a first portion (14) with a first wall surface and a second portion (19) with a second wall surface, the flow channel (fluid flows from 14 to the tube 12) being an internal channel, the flow channel comprising a first section (17) going through the first wall surface, and second section (22a) disposed between the first wall surface and the second wall surface and a third section (20) going through the first end wall. Regarding claim 16, Azzouz does not disclose that each tube defining a row of second cavities arranged along a transverse direction perpendicular to the vertical direction, each second cavity communicating with the first cavity. Beamer et al. discloses (figures 3 and 4) a heat exchanger that has each heat exchange tube (42) defining a row of second cavities (46) and divider (48) arranged along a transverse direction perpendicular to the vertical direction, each second cavity (46) communicating with the first cavity (28) of the collector pipe (20) for a purpose of obtaining a plurality of fluid passages in each tube and enhancing the strength of the tube for supporting the tube during extreme pressure (paragraph 22). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to use Beamer’s teaching in Azzouz’s device for a purpose of obtaining a plurality of fluid passages in each tube and enhancing the strength of the tube for supporting the tube during extreme pressure.
Regarding claim 19, Azzouz K further discloses that the main cavity is a circular hole (see figure 2, conduit 14 is circular), the section of the flow channel (section of 22) of the flow channel surrounding around the main cavity along a circumferential direction of the main cavity. .
Claims 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Azzouz and Beamer as applied to claim 16 above, and further in view of Tissot Julien et al. (FR 3059404A1). Azzouz and Beamer substantially disclose all of applicant’s claimed invention as discussed above except for the limitation that an axial direction of the first section is disposed obliquely to an axial direction of the third section (claim 17) and the axial direction of the third section is perpendicular to the transverse direction, and the axial direction of the first section is disposed at an oblique angle relative to the transverse direction (claim 18). Tissot Julien et al. discloses (figure 5-6) a distributor that has an axial direction of the first section (17) of the fluid channel disposed obliquely (inclined relative to the direction of fluid enters the third section 20) to an axial direction of the third section (20)) and the axial direction of the third section (20) is perpendicular to the transverse direction (horizontal direction shown in figures 5 or 6), and the axial direction of the first section (17) is disposed at an oblique angle relative to the transverse direction (see figures 5 and 6) for a purpose of increasing the mixing of the refrigerant fluid between its liquid phase and its gaseous phase to provide a homogeneous distribution of the fluid to all of the tube in the tube bundle. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to use Tissot Julien’s teaching in the combination of Azzouz and Beamer for a purpose of increasing the mixing of the refrigerant fluid between its liquid phase and its gaseous phase to provide a homogeneous distribution of the fluid to all of the tube in the tube bundle.
Allowable Subject Matter
Claims 2, 4-7, 9-10 and 20 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.
Claim 3 would be allowable if rewritten 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 and to include all of the limitations of the base claim and any intervening claims. It is assumed that the “first peripheral wall” refers to “a first outer peripheral wall” facing the first inner peripheral. (the figure 6 discloses the first outer peripheral wall (12) of the distributor has a plurality of ridges portions as claimed).
The following is a statement of reasons for the indication of allowable subject matter: reference to Azzouz K. et al. (FR 3075346A1) is the closest prior art but fail to disclose a plurality of first recessed portions formed on the firs surface, openings of the plurality of recessed portion face the second portion; the second portion has a plurality of second recessed portions formed on the second wall surface, and openings of the second recessed portions face the first portion (claims 2,5,6,7) and the second port is located on the flat portion formed between the ridge portions (claims 3-4,10); and the buffer cavity is located between the first passage and the second passage, the buffer cavity is of an arc shape, and a middle portion of the arc shape extends from the flow channel toward the main cavity (claim 9) and the second portion has a plurality of second recessed portions formed on the second wall surface, openings of the plurality of the second recessed portions facing the first portion. (claim 20)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Azzouz K et al. (FR 3097956A1) discloses a heat exchanger with collector.
Jin J et al. (WO 2020063226A1) discloses a distribution tube assembly.
Pautler et al. (US 10,551,099) discloses a micro-channel evaporator.
Maquin et al. (FR 3075349A1) discloses a heat exchanger with a distribution device.
Winterstee et al. (US 20110240276A1) discloses tube with multiple channels.
Wand et al. (US 9,459,057B2) discloses a heat exchanger with distributor.
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/THO V DUONG/Primary Examiner, Art Unit 3763