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 .
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.
The factual inquiries 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.
Claim(s) 1-2, 12-13, 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Casterline 5,063,663 in view of CN ‘857 CN112460857A.
Re claim 1, Casterline teach a heating, ventilation, and air conditioning (HVAC) system, comprising: a housing (50, 34, 28); and a heat exchanger disposed within the housing, wherein the heat exchanger comprises: a plurality of tubes (52, left portion of tubes passing though left 24 fig 3) configured to direct a working fluid therethrough, wherein the plurality of tubes extends from a first end to a second end of the heat exchanger (fig 3);
a first end sheet (annotated fig, fig 3) disposed at the first end of the heat exchanger, wherein the plurality of tubes extends through the first end sheet;
a second end sheet (annotated fig, fig 3) disposed at the second end of the heat exchanger, wherein the plurality of tubes extends through the second end sheet;
and a plurality of intermediate sheets (annotated fig, fig 3) disposed between the first end sheet and the second end sheet, wherein the plurality of tubes extends through each intermediate sheet of the plurality of intermediate sheets, and each intermediate sheet of the plurality of intermediate sheets is coupled to the housing (fig 3),
wherein the intermediate sheets are disposed along the tubes in an alternating arrangement (noting two adjacent “a plurality of intermediate sheets” of the prior art, alternate sides and are facing a different direction, in a similar way two of the 150 are facing different directions in the instant application in fig 5 ).
Casterline fail to explicitly teach fins.
CN ‘857 teach a plurality of fins (20) coupled to and extending between the plurality of tubes to create surface area.
When combined, the instant combination teach wherein the intermediate sheets are disposed along the tubes in an alternating arrangement with subsets of the fins (noting the fins are provided along the entire heat exchanger, and additionally the primary reference teach “wherein the intermediate sheets are disposed along the tubes in an alternating arrangement”, and thus the intermediate sheets are alternating and additionally are present with subsets of the fins, and would naturally meet the limitation in additional to the presence of fins since some fins will be are either side of the intermediate sheets and therefore additionally alternate with the intermediate sheets).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to include fins as taught by CN ‘857 in the Casterline invention in order to advantageously allow for increased heat exchange.
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Re claim 2, Casterline teach wherein the plurality of tubes forms a bend between the first end and the second end of the heat exchanger (fig 3).
Re claim 12, Casterline teach a heat exchanger for a heating, ventilation, and air conditioning (HVAC) system, comprising: a plurality of heat exchange tubes configured to direct a working fluid therethrough, wherein the plurality of heat exchange tubes extends from a first end to a second end of the heat exchanger (see the rejection of claim 1), and the plurality of heat exchange tubes is curved between the first end and the second end (fig 3);
; a first end sheet disposed at the first end of the heat exchanger, wherein the plurality of heat exchange tubes extends through the first end sheet; a second end sheet disposed at the second end of the heat exchanger, wherein the plurality of heat exchange tubes extends through the second end sheet; and a plurality of intermediate sheets disposed between the first end sheet and the second end sheet, wherein the plurality of heat exchange tubes extends through each intermediate sheet of the plurality of intermediate sheets, and each intermediate sheet of the plurality of intermediate sheets is configured to mount to a housing of the HVAC system (see the rejection of claim 1, fig 3), wherein the intermediate sheets are disposed along the tubes in an alternating arrangement (noting two adjacent “a plurality of intermediate sheets” of the prior art, alternate sides and are facing a different direction, in a similar way two of the 150 are facing different directions in the instant application in fig 5, see the rejection of claim 1 ).
Casterline fail to explicitly teach fins.
CN ‘857 teach a plurality of fins (20, see the rejection of claim 1) coupled to and extending between the plurality of tubes to create surface area.
When combined, the instant combination teach wherein the intermediate sheets are disposed along the tubes in an alternating arrangement with subsets of the fins (noting the fins are provided along the entire heat exchanger, and additionally the primary reference teach “wherein the intermediate sheets are disposed along the tubes in an alternating arrangement”, and thus the intermediate sheets are alternating and additionally are present with subsets of the fins, and would naturally meet the limitation in additional to the presence of fins since some fins will be are either side of the intermediate sheets and therefore additionally alternate with the intermediate sheets).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to include fins as taught by CN ‘857 in the Casterline invention in order to advantageously allow for increased heat exchange.
Re claim 13, Casterline teach wherein the plurality of heat exchange tubes defines a first bend and a second bend between the first end and the second end (noting the groups of tubes have multiple bends defined by each tube).
Re claim 18, Casterline teach a heating, ventilation, and air conditioning (HVAC) system, comprising: a housing comprising a frame (50), a base panel, and a top panel (annotated fig );
and a heat exchanger disposed within the housing, wherein the heat exchanger comprises: a plurality of tubes (52) configured to direct a working fluid therethrough, wherein the plurality of tubes extends from a first end to a second end of the heat exchanger (fig 3), and the plurality of tubes defines a curved profile of the heat exchanger between the first end and the second end (fig 3);
and a plurality of intermediate sheets (24) disposed between the first end and the second end, wherein the plurality of tubes extends through each intermediate sheet of the plurality of intermediate sheets, each intermediate sheet of the plurality of intermediate sheets is secured to the housing, and the plurality of intermediate sheets is spaced apart from one another between the first end and the second end (fig 3), wherein the intermediate sheets are disposed along the tubes in an alternating arrangement (noting two adjacent “a plurality of intermediate sheets” of the prior art, alternate sides and are facing a different direction, in a similar way two of the 150 are facing different directions in the instant application in fig 5, see the rejection of claim 1 ).
Casterline fail to explicitly teach fins.
CN ‘857 teach a plurality of fins coupled to and extending between the plurality of tubes (20) to create surface area.
When combined, the instant combination teach wherein the intermediate sheets are disposed along the tubes in an alternating arrangement with subsets of the fins (noting the fins are provided along the entire heat exchanger, and additionally the primary reference teach “wherein the intermediate sheets are disposed along the tubes in an alternating arrangement”, and thus the intermediate sheets are alternating and additionally are present with subsets of the fins, and would naturally meet the limitation in additional to the presence of fins since some fins will be are either side of the intermediate sheets and therefore additionally alternate with the intermediate sheets).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to include fins as taught by CN ‘857 in the Casterline invention in order to advantageously allow for increased heat exchange.
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Re claim 19, Casterline teach wherein each intermediate sheet of the plurality of intermediate sheets is secured to the top panel of the housing (all parts secured to each other in final construction).
Re claim 20, Casterline teach wherein the housing comprises a plurality of brackets (annotated fig, on each side) coupled to the base panel, the heat exchanger is disposed on top of the plurality of brackets (on top of bottom portion and thus mounting), and each intermediate sheet of the plurality of intermediate sheets is secured to the frame, the base panel, a respective bracket of the plurality of brackets, or a combination thereof (all parts secured to each other in final construction).
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Claim(s) 3-11, 14-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Casterline 5,063,663 in view of CN ‘857 CN112460857A and Friedman US 3,739,443.
Re claim 3, Casterline, as modified, fail to teach a flange.
Friedman teach each intermediate sheet of the plurality of intermediate sheets comprises a main body and a flange extending from the main body (annotated fig) to allow for insertion of supports.
It would have been obvious to one of ordinary skill in the art at the time the invention was made to include a flange as taught by Friedman in the Casterline, as modified, invention in order to advantageously allow for stronger construction.
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Re claim 4, Casterline, as modified, teach wherein the plurality of tubes extends through the main body (FIG 2 of Friedman and figs of primary ref, in the instant combination), and the flange is secured to the housing (all parts secured to each other in final construction).
Re claim 5, Casterline, as modified, fail to teach a frame.
Friedman teach the housing comprises a frame (20), and the flange of an intermediate sheet of the plurality of intermediate sheets is secured to the frame ( figs) to allow for support.
It would have been obvious to one of ordinary skill in the art at the time the invention was made to include a frame as taught by Friedman in the Casterline, as modified, invention in order to advantageously allow for stronger construction.
Re claim 6, Casterline teach the housing comprises a top panel (42). Casterline, as modified, teach the housing comprises a top panel coupled to the frame, and the flange of an additional intermediate sheet of the plurality to intermediate sheets is secured to the top panel (all parts coupled in final construction of instant combination).
Re claim 7, Casterline teach wherein the plurality of tubes extends through the main body, the housing comprises a base panel (annotated fig) and a bracket (40 or 102, annotated fig) disposed on the base panel, the bracket supports the heat exchanger. ). Casterline, as modified, teach and the flange of an intermediate sheet of the plurality of intermediate sheets is secured to the bracket (all parts coupled in final construction of instant combination)..
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Re claim 8, Casterline teach the flange and the bracket are secured to one another via a mechanical fastener (54, 98, 105, annotated fig, in the instant combination all parts coupled in final construction of instant combination ).
Friedman teach the flange and the bracket are secured to one another via a weld (cols 1-2, ) to allow for support (all parts coupled in final construction of instant combination).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to include a weld as taught by Friedman in the Casterline, as modified, invention in order to advantageously allow for stronger construction.
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Re claim 9, Casterline teach wherein the plurality of intermediate sheets is spaced apart from one another along the plurality of tubes (figs), and Casterline, as modified teach the plurality of fins is disposed between the plurality of intermediate sheets (since in the combination the fins are added to the tubes along the length which meet the claim limitations, see the rejection of claim 1).
Re claim 10, Casterline teach wherein an intermediate sheet of the plurality of intermediate sheets is secured to the housing at a base of the heat exchanger and at a top of the heat exchanger (top and bottom, figs, not all parts are secured in final construction).
Re claim 11, Casterline teach wherein the first end sheet and the second end sheet are coupled to the housing (all parts secured to each other in final construction).
Re claim 14, Casterline, as modified, fail to teach construction details.
Friedman teach each intermediate sheet of the plurality of intermediate sheets is configured to mount to a frame (20) of the housing, a panel of the housing, a bracket of the housing, or any combination thereof to allow for insertion of supports.
It would have been obvious to one of ordinary skill in the art at the time the invention was made to include construction details as taught by Friedman in the Casterline, as modified, invention in order to advantageously allow for stronger construction.
Re claim 15, Casterline, as modified, fail to teach construction details.
Friedman teach each intermediate sheet of the plurality of intermediate sheets comprises a main body and a flange (annotated fig) extending from the main body, the plurality of heat exchange tubes extends through the main body (FIG 2 of Friedman and figs of primary ref, in the instant combination), and the flange is configured to mount to the housing (all parts secured to each other in final construction) to allow for insertion of supports.
It would have been obvious to one of ordinary skill in the art at the time the invention was made to include construction details as taught by Friedman in the Casterline, as modified, invention in order to advantageously allow for stronger construction.
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Re claim 16, Casterline wherein each intermediate sheet of the plurality of intermediate sheets extends from a base of the heat exchanger to a top of the heat exchanger (top and bottom, figs, not all parts are secured in final construction).
Re claim 17, Casterline teach wherein the plurality of intermediate sheets is spaced apart from one another between the first end and the second end (figs), and Casterline, as modified teach the plurality of fins is disposed between the plurality of intermediate sheets (since in the combination the fins are added to the tubes along the length which meet the claim limitations, see the rejection of claims 1, 12).
Claim(s) 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Casterline 5,063,663 in view of CN ‘857 CN112460857A and WORN US 2,664,274.
Re claim 21, Casterline , as modified, fail to explicitly teach assembly details.
WORN teach a mounting bracket assembly (6) and a clamping assembly (18, 4 and 5 connections flange portions) configured to support and retain the heat exchanger and further comprising an adjustment device (19, annotated fig) configured to adjust a gap between the mounting bracket assembly and the clamping assembly to construct a header.
It would have been obvious to one of ordinary skill in the art at the time the invention was made to include assembly details as taught by WORN in the Casterline , as modified, invention in order to advantageously allow for different gap and hear variations (col 4).
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Response to Arguments
Applicant's arguments filed 11/18/2025 have been fully considered but they are not persuasive.
The applicant argues that CN857 fail to teach the newly amended limitations because the fins are integral with the tubes. The examiner respectfully disagrees. The fins still extend between due to being three dimensional objects. Also, the fins are provided along the entire heat exchanger, and additionally the primary reference teach “wherein the intermediate sheets are disposed along the tubes in an alternating arrangement”, and thus the intermediate sheets are alternating and additionally are present with subsets of the fins, and would naturally meet the limitation in additional to the presence of fins since some fins will be are either side of the intermediate sheets and therefore additionally alternate with the intermediate sheets. Furthermore, one of ordinary skill in the art would interpret “alternating” from para 62 of the instant application to mean that the sheets may be facing different directions in one instance. Naturally, since sheets are in between different sets of fins are a different object than the fin itself, any sheet will alternate between two different fins/fin sets. And since the sheet are between tubes, or between portions of the tubes that are on opposite sides of the intermediate sheets in the prior art, the portions of the tubes with integral fins in the instant combination will also be alternating with the intermediate sheets, and teach the “alternating arrangement”.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., “separate fins attached to and spanning multiple tubes”, “distinct elements arranged in a pattern”) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Applicant argues the claims dependent on the independent claim(s) are allowable based upon their dependence from an independent claim. Examiner respectfully disagrees. The arguments with respect to claim(s) 1, 12 and 18 have been addressed above. Thus, the rejections are proper and remain.
Applicant’s arguments with respect to claim(s) 21 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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/GORDON A JONES/ Examiner, Art Unit 3763