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 .
Response to Amendment
This Office action is in response to the reply filed on October 28, 2025.
Receipt and entry of the replacement drawing for Figures 4, 5, and 5a, of the amendment to the specification, and of the amended claims filed on October 28, 2025 are acknowledged.
Applicant’s interview summary of the applicant-initiated interview on September 22, 2025 has been filed with the reply filed on October 28, 2025 and is found to be acceptable by the examiner.
Claims 1 through 3, 9, 14, 17, and 19 through 22 remain pending. Claims 4 through 8, 10, 11, and 18 are cancelled. Of the pending claims, claims 21 and 22 are new, whereas the remaining claims are all as amended, either directly or indirectly. Also, of the pending claims, claims 2, 12, 13, 15, and 16 are withdrawn as noted in greater detail below.
Response to Arguments
Applicant’s arguments and amendments filed on October 28, 2025 have overcome all of the previously cited objections and prior art rejections, as well as some of the indefiniteness rejections of the claims, as cited in the previous Office action.
However, applicant’s arguments and amendments filed on October 28, 2025 have not overcome and/or addressed all of the indefiniteness issues in the claims as cited by the examiner in the previous Office action, and also have introduced a few indefiniteness issues and informalities into the claims as noted in greater detail below.
Applicant’s representative is invited to initiate a telephonic interview in order to further prosecution of the instant application if this is deemed desirable by the applicant.
Election/Restriction
Claims 2, 12, 13, 15, and 16 remain withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to the various non-elected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on April 25, 2025.
Drawings
The replacement drawings for Figures 4, 5, and 5a were received on October 28, 2025. These drawings are acceptable.
Claim Objections
Claims 1, 3, 9, 14, 17, 19, and 20 are objected to because of the following informalities: “a longitudinal axis of the manifold” [claim 1, line 22] should be replaced with “the longitudinal axis of the manifold” because the manifold inherently has a longitudinal axis; “crescent shaped” [claim 9, line 20] should be replaced by “crescent-shaped”; and, “the volume open” [claim 9, lines 24-25] should be replaced by “the open volume being open” for improved readability and clarity. 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, 3, 9, 14, 17, 19, and 20 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 applications7subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The term “generally” still appears throughout the claims (i.e., in claims 1, 3, 9, 14, 17 as amended directly or indirectly) and is a relative term which renders the claims indefinite. The term “generally” is not defined by the claims, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Thus, as used to qualify the particular configurations of various elements of the heat exchanger, this term renders the same indeterminate and the claims indefinite.
With regard to base claim 9 as amended, it is not clear which ends are intended to be encompassed by the limitations “from a first end to a second end” [claim 9, line 23], thus rendering indefinite the metes and bounds of protection sought by the claim and by all claims depending therefrom.
With regard to claim 20, it is not clear which axis of which element is intended to be referred to by the term “axially” in line 4 of the claim.
Any claim not specifically referred to is at least rejected as being dependent on a rejected claim.
Allowable Subject Matter
As best can be understood in view of the indefiniteness of the claims, claims 1, 3, 9, 14, 17, 19, and 20 would be allowable if rewritten or amended 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.
Claims 21 and 22 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: the prior art of record does not show nor reasonably suggest the various particular elements which are structurally and functionally interrelated as recited in the examined claims of the instant application as best can be understood in view of the indefiniteness of the claims.
Conclusion
The related and/or prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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 LJILJANA V CIRIC whose telephone number is (571)272-4909. The examiner can normally be reached Monday-Saturday, flexible.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Len Tran can be reached at 571-272-1184. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Ljiljana V. Ciric/Primary Examiner, Art Unit 3763
LJILJANA (Lil) V. CIRIC
Primary Examiner
Art Unit 3763