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 .
Information Disclosure Statement
The information disclosure statement filed 9/19/2025 fails to comply with 37 CFR 1.98(a)(3)(i) because it does not include a concise explanation of the relevance, as it is presently understood by the individual designated in 37 CFR 1.56(c) most knowledgeable about the content of the information, of each reference listed that is not in the English language (the Korean Office Action dated July 15, 2025). It has been placed in the application file, but the information referred to therein has not been considered.
Claim Objections
Claim 13 is objected to because of the following informalities:
“wherein the first fin tube and the second fin tube have the opening on each of a first end the first fin tube and a second end of the second fin tube” in claim 13 should read – wherein the first fin tube and the second fin tube have the opening on each of a first end of the first fin tube and a second end of the second fin tube--.
Appropriate correction is required.
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, 5-6, 8, 10-13 and 15-17 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:
“wherein one of the fin tubes includes:
a first surface and a second surface opposite to the first surface;
an opening in communication with at least one side of the plurality of tubes and formed through at least one of the first surface or the second surface; and
a connection conduit configured to connect a periphery of the one of the fin tubes and a periphery of the opening of an adjacent fin tubes communicate with each other” (emphasis added).
“the opening of adjacent fin tubes” lacks antecedent basis because “an opening” recited is a part of only “one of the fin tubes”.
Claim 1 further recites:
“a first connection conduit formed around the opening of the first surface of a first fin tube of the adjacent pair of fin tubes”, and
“a second connection conduit formed around the opening of the second surface a second fin tube of the adjacent pair of fin tubes”.
The antecedent “an opening” is a part of “one of the fin tubes” shown above. Therefore, “the opening of the first surface of a first fin tube of the adjacent pair of fin tubes” and “the opening of the second surface a second fin tube of the adjacent pair of fin tubes” lack antecedent basis because “an opening” recited is a part of only “one of the fin tubes”.
Since dependent claims have repeated limitations referring to “first fin tube” and “second fin tube”, for examination purposes, claim 1 is construed as:
--wherein each of the fin tubes includes:
a first surface and a second surface opposite to the first surface;
an opening in communication with at least one side of the plurality of tubes and formed through at least one of the first surface or the second surface; and
a connection conduit configured to connect a periphery of a first fin tube and a periphery of the opening of a second adjacent fin tube communicate with each other--,
--a first connection conduit formed around the opening of the first surface of the first fin tube
--a second connection conduit formed around the opening of the second surface of the second fin tube
“with the first connection conduits and second connection conduits of respective adjacent pairs of the fin tubes being coupled to each other” in claim 10 is construed as -- with the first connection conduit and second connection conduit of the adjacent first and second fin tubes being coupled to each other--.
“the openings” in claim 12 is construed as –the opening--.
“the one of the fin tubes” in claim 15 is construed as –the first fin tube--.
Claims 5-6, 8, 10-13 and 15-17 are also rejected due to their dependency of the rejected parent claim 1.
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, 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.
Claim(s) 1, 5-6, 8, 10-13 and 15-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Campbell (US PGPub No. 2016/0003553) in view of Higashiyama (JP 10-332224 A).
Regarding claim 1, as best understood, Campbell discloses a heat exchanger comprising:
a plurality of fin tubes (1a-1c), each of the plurality of fin tubes comprising a fin (joined planar edge 3 and 3’ of each plate 1a-1c, Fig. 5) and a plurality of tubes (cavities 23, Fig. 5) through which refrigerant flows, and the fin and a plurality of tubes for each of the plurality of fin tubes being integrally formed as a plate (see Figs. 3-6),
wherein each of the fin tubes includes:
a first surface (5a, Fig. 4) and a second surface opposite to the first surface (5a’, Fig. 4);
an opening in communication with at least one side of the plurality of tubes and formed through at least one of the first surface or the second surface (each plate 1a-1c has opening 32 the communicates throughout the plates and extends through the surface 5a on right side in each plate 1a-1c, Fig. 4); and
a connection conduit (connected second tubular portion 14 of the plate 1c and first tubular portion 13 of the plate 1b) configured to connect a periphery of a first fin tube (outer periphery of the second tubular portion 14 of the plate 1c) and a periphery of the opening of a second adjacent fin tube (a periphery or left end of the opening 32 of the plate 1b) communicate with each other (the peripheries fluidly communicate),
wherein the connection conduit comprises:
a first connection conduit (the second tubular portion 14 of the plate 1c) formed around the opening of the first surface of the first fin tube (the second tubular portion 14 of the plate 1c formed around the opening 32 extending through the surface 5a of the plate 1c); and
a second connection conduit (the first tubular portion 13 of the plate 1b) formed around the opening of the second surface of the second fin tube (the first tubular portion 13 of the plate 1b formed around the opening 32 of the plate 1b),
wherein the first connection conduit and the second connection conduit are coupled together (the second tubular portion 14 of the plate 1c and the first tubular portion 13 of the plate 1b are connected, see Fig. 4),
wherein the first connection conduit includes:
a first body formed to protrude from the first surface (see annotated figure 4 below); and
a protrusion formed to protrude from the first body (see annotated figure 4 below), the protrusion being arranged to surround the opening (the protrusion surrounds the opening 32), and the first body arranged being arranged to surround the protrusion (the first body has a greater thickness that surrounds the protrusion), and
wherein the second connection conduit includes:
a second body formed to protrude from the second surface (the cylindrical body of first tubular portion 13 that protrudes from the surface 5a’); and
a groove formed to be recessed in the second body (see annotated figure 4 below, that recessed in the cylindrical body) and into which the protrusion is inserted, the groove is arranged to surround the opening (the groove surrounds the opening 32 the protrusion is inserted, Fig. 4), and the second body is arranged to surround the groove (the cylindrical body is also surrounds the groove).
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Campbell fails to disclose a plurality of fin tubes, each of the plurality of fin tubes comprising a fin and a plurality of tubes through which refrigerant flows.
Higashiyama discloses a plurality of fin tubes (plurality of tubes 1 shown in Fig. 2), each of the plurality of fin tubes comprising a fin (11) for heat transfer and a plurality of tubes through which refrigerant flows (refrigerant passages 10 between the fins 11).
Therefore, the cavities 23 of each plate 1a-1c of Campbell may be modified to include a refrigerant flow in view of the teaching of Higashiyama.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided a plurality of fin tubes, each of the plurality of fin tubes comprising a fin and a plurality of tubes through which refrigerant flows in Campbell as taught by Higashiyama in order to provide an increased cooling that is lower than an ambient temperature through evaporation of the refrigerant.
Regarding claim 5, Campbell in claim 1 further discloses wherein the first connection conduit is configured to protrude from the first surface of the first fin tube toward the second surface of the second fin tube adjacent to the first fin tube (the second tubular portion 14 of the plate 1c protrudes from the surface 5a of the plate 1c towards the surface 5a’ of the plate 1b), and
wherein the second connection conduit is configured to protrude from the second surface of the second fin tube toward the first surface of the first fin tube adjacent to the second fin tube (the first tubular portion 13 of the plate 1b protrudes from the surface 5a’ of the plate 1b towards the surface 5a of the plate 1c).
Regarding claim 6, Campbell in claim 5 further discloses wherein a distance between the first surface of the first fin tube and the second surface of the adjacent second fin tube (“d1” in annotated figure above above) is greater than a sum of a thickness of a first tube region formed on the first surface of the first fin tube and a thickness of a second tube region formed on the second surface of the adjacent second fin tube (two “d2” annotated figure above, and d1 is greater than a sum of the two d2) such that a space is formed between the first and second tube regions of the adjacent pair of fin tubes (a space between the two regions each having the “d2”).
Regarding claim 8, Campbell in claim 1 further discloses wherein the protrusion has a closed-loop shape, and wherein the groove has a closed-loop shape (the protrusion and the groove have a closed cylindrical shape, see Fig. 5).
Regarding claim 10, Campbell in claim 1 further discloses wherein the plurality of fin tubes are provided parallel to each other, with the first connection conduit and second connection conduit of the adjacent first and second fin tubes being coupled to each other (see Fig. 4).
Regarding claim 11, Campbell in claim 10 further discloses wherein the plurality of fin tubes are configured such that the openings of the plurality of fin tubes communicate with each other to define a refrigerant passage that carries refrigerant via the plurality of tubes formed, respectively, on the plurality of fin tubes (the openings 32 of the plates 1a-1c are connected to define a through refrigerant passage to allow supply or return a refrigerant via cavities 23 respectively on interior of the plates 1a-1c).
Regarding claim 12, Campbell in claim 1 further discloses wherein each of the plurality of fin tubes includes the opening on each of the first surface and the second surface (each plate 1a-1c has an opening through the surface 5a and ends at the surface 5a’).
Regarding claim 13, Campbell in claim 1 further discloses wherein the first fin tube (plate 1c) and the second fin tube (plate 1b) have the opening (32) on each of a first end of the first fin tube (the plate 1c has the opening 32 on a right end of the plate 1c) and a second end of the second fin tube (the plate 1b has the opening 32 on a left end of the plate 1b).
Regarding claim 15, Campbell in claim 1 further discloses wherein the first fin tube has a first plate (12) and a second plate (12’) that are joined together (see Fig. 4),
wherein the first surface is an outer surface of the first plate (the surface 5a is an outer surface of the first plate 12), and
wherein the second surface is an outer surface of the second plate (the surface 5a’ is an outer surface of the second plate 12’).
Regarding claim 16, Campbell in claim 15 further discloses wherein first regions of the first plate and the second plate are joined together to define the fin and the plurality of tubes (periphery regions of the first plate 12 and the second plate 12’ are joined together to define the planar edges 3 and 3’ and outer periphery of the cavities 23) and the opening is formed at second regions of the first plate and the second plate (the opening 23 is formed at interior regions of the first plate 12 and the second plate 12’).
Regarding claim 17, Campbell in claim 16 further discloses further discloses wherein the opening is spaced a predetermined distance apart from edges of the first plate and the second plate (a distance between the outer periphery of the first plate 12 and the second plate 12’) and toward the plurality of tubes (such distance has a direction toward the cavities 23), and
wherein the fin (planar edges 3 and 3’) comprises a fin region (see annotated figure above) formed between the opening and the edges of the first plate, and the second plate (the fin region in the annotated figure above formed between the opening 23 and the outer periphery of the plates 12, 12’).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
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/F.K.L/Examiner, Art Unit 3763
/JOEL M ATTEY/Primary Examiner, Art Unit 3763