DETAILED ACTION
Amendments filed on 7/30/2025 have been entered. Claims 2, 3 are cancelled. Claim 9 is withdrawn.
The name of Jin (CN 109944721 A) reference was mistyped, examiner corrected the name to Kim. Reference CN 109944721 A is not changed, only the name was incorrect. To avoid the confusion between the references the second reference is referred to as “Kim Zhongtian”.
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
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 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.
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 35 U.S.C. 103 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.
Claims 1, 4-7 are rejected under 35 U.S.C. 103 as being unpatentable over Kim (US 2020/0392925 A1), in view of Kim Zhongtian (CN 109944721 A).
Claim 1: Kim discloses an EGR cooler (i.e., FIG.1) for brazing joint comprising:
an inlet (i.e., 17) configured to form an inlet area (i.e., intended use) through which an intake air (i.e., intake air is at opening of inlet 17) and a recirculation exhaust gas (i.e., paragraph [36]: exhaust gas recirculation) are supplied;
a heat exchange unit (i.e., paragraph [38]: heat exchanger) formed with a gas tube (i.e., gas inflow tube 13) connected to the inlet (i.e., 17) and through which the intake air and the recirculation exhaust gas (i.e., paragraph [36]: exhaust gas recirculation) pass; and
an outlet (i.e., 19) configured to form an outlet area (i.e., intended use) through which the intake air and the recirculation exhaust gas (i.e., paragraph [36]: exhaust gas recirculation) mixed by passing through the heat exchange unit are discharged (i.e., paragraph [38]: heat exchanger),
wherein the inlet (i.e., 17), the heat exchange unit (i.e., paragraph [38]: heat exchanger), and the outlet (i.e., 19) are brazing joined (i.e., paragraph [65]: header with inlet outlet brazed), and
a guide pattern (i.e., paragraph [15]: protrusion formed in a repeating pattern of depressions) configured to guide the flow so that surface energy applied for brazing joint is increased is transferred to each joined area (i.e., based on broadest reasonable interpretation, intended use/functional language),
wherein the guide pattern (i.e., paragraph [15]: protrusion formed in a repeating pattern of depressions) is formed with a pattern through which a plurality of protrusions protrude (i.e., 33a), and
wherein the guide pattern (i.e., protrusion formed in a repeating pattern of depressions) has an outer circumferential surface (inherent; to clarify, outer circumferential surface is the outer surface of 33a from one round corner to other round corner) of the protrusion (i.e., 33a) formed to be rounded (i.e., paragraph [13]: constant pattern formed along length direction and along circumference surface and protrusion formed in a repeating pattern of protrusions, paragraph [17]: protrusions each corner has a round shape).
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Kim discloses the claimed limitations in claim 1, but fails to disclose a filler metal.
However, Kim Zhongtian teaches a filler metal (i.e., filler metal 49a is coated on cover plate) for the purpose of preventing diffusion of metal mixture during brazing process.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to modify the invention of Kim to include a filler metal as taught by Kim Zhongtian in order to prevent diffusion of metal mixture during brazing process.
Claim 4: Kim as modified discloses the apparatus as claimed in claim 1, wherein the guide pattern has the protrusion formed to protrude (i.e., 33a) at a maximum height of less than 60 µm (i.e., paragraph [55]: height of protrusion 33a range is 30 to 200 µm).
Claim 5: Kim as modified discloses the apparatus as claimed in claim 1, wherein the guide pattern is formed by the protrusions spaced apart (i.e., 33a) from each other by the same gap (i.e., gap 31a).
Claim 6: Kim as modified discloses the apparatus as claimed in claim 1, wherein the heat exchange unit (i.e., paragraph [38]: heat exchanger) is provided with a housing (i.e., cooler housing 10/covers 11 together constructing a housing), the gas tube (i.e., gas inflow tube 13) disposed inside the housing (i.e., 10), and end plates (i.e., covers 11 used as end plates) disposed to face the inlet (i.e., 17) and the outlet (i.e., 19), respectively.
Claim 7: Kim as modified discloses the apparatus as claimed in claim 1, wherein the heat exchange unit (i.e., paragraph [38]: heat exchanger) has the protrusions (i.e., 33a) formed at both ends (i.e., based on broadest reasonable interpretation, both ends are inherent as parts of the structure of the cooler housing) with respect to a surface (i.e., inherent) of the gas tube (i.e., 13).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Kim (US 2020/0392925 A1), in view of Kim Zhongtian (CN 109944721 A), and in view of Jung (US 2010/0051145 A1).
Claim 8: Kim as modified discloses the apparatus as claimed in claim 1, wherein the heat exchange unit (i.e., paragraph [38]: heat exchanger) is made of stainless (i.e., paragraph [22]: tubes of heat exchanger made of stainless material).
Kim discloses the claimed limitations in claim 8, but fails to disclose ferrite stainless steel.
However, Jung teaches ferrite stainless steel (i.e., paragraph [18]: cooler using ferrite stainless steel) for the purpose of having precise castability and excellent corrosion resistance (paragraph [18]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to modify the invention of Kim to include ferrite stainless steel as taught by Jung in order to have precise castability and excellent corrosion resistance.
Response to Arguments
Applicant's arguments with respect to all the claims under Claim Rejections - 35 USC § 103 have been fully considered, but they are not persuasive.
Applicant’s arguments: “Kim teaches a different pattern shape than the recited features of amended claim 1. Therefore, in Kim, the pattern shape is different from that of the present invention. Jin does not make up for the above described deficiencies of Kim. Thus, applicant submits that the combination of Kim and Jin do not amount to the invention recited in claim 1”.
First examiner corrected the name of the second reference to Kim Zhongtian as indicated under detail section. The reference CN 109944721 A has not changed and it is still used in this office action, only the name was mistyped.
Examiner response: Examiner respectfully disagrees, because the shape of the guide pattern is not claimed, further there is no pattern shape in claimed in order to determine the differences between the shape of the guide pattern and the one taught by Kim. Further, Kim teaches all the claimed limitations including the amended limitations which were in claims 2 and 3 of the previous claim set filed on 3/14/2025, however as indicated in the office action, Kim discloses the claimed limitations in claim 1, except Kim lacks a filler metal and it is modified to include a filer metal as taught by second reference Jin (corrected name is Kim Zhongtian).
Conclusion
THIS ACTION IS MADE FINAL. 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 extension fee 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 KAMRAN TAVAKOLDAVANI whose telephone number is (313)446-6612. The examiner can normally be reached on M-F 8:00 am to 5:00 pm EST.
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/KAMRAN TAVAKOLDAVANI/Examiner, Art Unit 3763
/LEN TRAN/Supervisory Patent Examiner, Art Unit 3763