DETAILED ACTION
Allowable Subject Matter
Claim 8 is 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.
The location of the two barrier plates along the same side of the heat exchanger of Jin, as required by claim 8, would be in contradiction to the flow directing purposes of those barriers in Jin. Were the 112 issues to be overcome, the material of claim 8, including all limitations of all claims from which it depends, appears to be allowable over the prior art.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 10 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim 10 is identical to the newly added material in amended claim 1 and therefore does not further limit claim 1.
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 17 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.
Due to the new inclusion of the headers in claim 1, claim 17 constitutes a double-inclusion by recited “a first header”.
Due to the amendments, claim 19 now directly contradicts claim 1 from which it depends.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1, 3-7, 9, 12, and 17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jin (US 2019/0212061).
Regarding claim 1, Jin teaches an air conditioning system (title) comprising a heat exchanger comprising: a first heat exchanger core (fig. 12; from 1 to 71 to upper 3) comprising a first secondary heat exchanger core (between 3 and 71) and a second secondary heat exchanger core (between 1 and 71), each secondary core comprises heat exchanger tubes joined to each other (62, across the bend 71) and orthographic projections of the secondary cores on a plane in which the second secondary core lies are at least partially overlapping (see Figs. 12-13); a second heat exchanger core (lower core between 1 and lower 3 in Fig. 12) comprising a heat exchange tube (61) connected to the heat exchange tube of the first heat exchanger (via 1); at the same incoming wind speed there exists a ratio of wind resistance between the first and second heat exchangers.
Per the newly added limitations: Jin further teaches a connecting parts (71) between the first and second secondary heat exchanger cores’ tubes; first header (lower 3 in Fig. 12) connected to the heat exchange tube of the second heat exchanger core at the side remote from the second secondary heat exchanger core; and a second header (upper 3 in Fig. 12) connected to the heat exchange tube of the first secondary heat exchanger core at the side remote from the connecting part (71; Fig. 12); while illustrated in Fig. 12 as on its side, Jin teaches orienting the heat exchanger such that the first header is below the second heat exchanger core and the second header is below the second secondary heat exchanger core (see the orientations described in Para. [0014], specifically the second heat exchange pipes extending downward from the bent portion to the second header).
Jin further teaches: a first wind barrier plate (201)located at one side of the second core in the thickness direction of the core and orthographic projections of the first wind barrier plate and the second core overlap (see Fig. 13), per claim 4; a connecting part (71) connecting the tubes of the first and second secondary heat exchanger cores; the first wind barrier plate is located at the side of the first secondary heat exchanger core that is remote from the connecting part in the length direction of the tube of the first secondary heat exchanger core (see fig. 13), per claim 5; the first wind barrier plate and the first secondary heat exchanger core are located at the same side of the second secondary heat exchanger core in the thickness direction of the second secondary heat exchanger core (fig. 13), per claim 6; the connecting part comprising multiple connecting tube and the heat exchange tubes of the first and second secondary heat exchanger cos are connected via the multiple connecting tubes (71), per claim 12; a second wind barrier plate (portion of duct 202 which extends from 1 downward and to the right in Fig. 13) wherein orthographic projections of the second wind barrier plate and the first heat exchanger core, on a plane in which the second secondary heat exchanger core lies, are at least partially overlapping (see Fig. 13), per claim 7; a third wind barrier plate (201) is located between the first and second secondary heat exchanger cores in the thickness direction the second secondary heat exchanger core (see fig. 13), per claim 9; the device is part of an air conditioning system (Para. [0004]), per claim 14; the first and second headers may be horizontally disposed in use (see Figs. 12-13), per claim 16; the first header, as attached and oriented per claim 1 above, may further be disposed horizontally (see Figs. 12-13), per claim 17.
Regarding claim 3, cross-sections of different areas can be taken through the tubes of each heat exchanger (i.e. lengthwise down one tube and widthwise down another) with any relationship between areas required.
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN 104713387 (‘387).
Regarding claim 1, ‘387 teaches an air conditioning system having a heat exchanger comprising: a first heat exchanger core comprising first (from 2 to 43, i.e. 42 and 432) and second (431) secondary heat exchanger cores, each comprising heat exchanger tubes (Figs. 4-5) connected to each other (at 43) and orthographic projections of the first and second secondary cores on a plane in which the second secondary heat exchanger core lies at least partially overlap (see Fig. 6); and a second heat exchanger core (41) comprising tubes (Figs. 4-5) connected to the second secondary heat exchanger core (see Fig. 6); a connecting part (43) connecting the tubes of the first and second secondary heat exchanger cores (Fig. 6); a first header (1) connected to the tubes of the second heat exchanger core at a side remote from the second secondary heat exchanger core (see Fig. 6); and a second header (2) connected to the tubes of the first secondary heat exchange core at a side remote from the connecting part (see Fig. 6); the first header is below the second heat exchanger core (Fig. 6) and the second header is below the second secondary heat exchanger core (Fig. 6).
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) 2 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jin in view of CN 210268332 (‘332).
Regarding claims 2 and 13, Jin further teaches that: each of the heat exchangers and their sections comprise fins (8; first sentence Para. [0054]) but does not teach variability in pressure drop caused by the fins or fins with different characteristics.
‘332 teaches that it is old and well-known to provide different portions of a heat exchanger with different fin densities (see 41, 42) which will inherently result in different pressure drops at portions of those fin locations.
It would have been obvious to one of ordinary skill to optimize the fin characteristics of Jin, as taught by ‘332, based on the expected airflow characteristics at each location.
Claim(s) 20-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over (‘387).
Regarding claims 20-21, while ‘387 teaches that air flows across the heat exchanger cores (“the fins 3 can enhance the heat exchange effect of the fluid and the outside air heat exchange”).
As to whether the air flows left-to-right (per claim 20) or right-to-left (per claim 21) in Fig. 6 have been left to one of ordinary skill, it would have been obvious to one of ordinary skill in the art at the time of the invention to choose either airflow direction as such decisions have been left explicitly to one of ordinary skill.
Regarding claim 22, ‘387 teaches an air conditioning system having a heat exchanger comprising: a first heat exchanger core comprising first (from 2 to 43, i.e. 42 and 432) and second (431) secondary heat exchanger cores, each comprising heat exchanger tubes (Figs. 4-5) connected to each other (at 43) and orthographic projections of the first and second secondary cores on a plane in which the second secondary heat exchanger core lies at least partially overlap (see Fig. 6); and a second heat exchanger core (41) comprising tubes (Figs. 4-5) connected to the second secondary heat exchanger core (see Fig. 6); a connecting part (43) connecting the tubes of the first and second secondary heat exchanger cores (Fig. 6); a first header (1) connected to the tubes of the second heat exchanger core at a side remote from the second secondary heat exchanger core (see Fig. 6); and a second header (2) connected to the tubes of the first secondary heat exchange core at a side remote from the connecting part (see Fig. 6); the first header is below the second heat exchanger core (Fig. 6) and the second header is below the second secondary heat exchanger core (Fig. 6); air flows across the heat exchanger cores (“the fins 3 can enhance the heat exchange effect of the fluid and the outside air heat exchange”).
The flow direction of the fluid through the interior of the tubes (i.e. which of 1 and 2 is the inlet or outlet) and the flow direction of air across the cores (i.e. left-right or the opposite in Fig. 6) has been left to one of ordinary skill.
It would have been obvious to one of ordinary skill in the art at the time of the invention to choose either airflow direction and either fluid flow direction as such decisions have been left explicitly to one of ordinary skill, the device is capable of any combination, and there are a limited number of options/combinations to try.
Response to Arguments
Applicant's arguments filed 1/16/26 have been fully considered but they are not persuasive. They depend upon the newly entered amendments which have been addressed fully above.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Devon Lane whose telephone number is (571)270-1858. The examiner can normally be reached M-Th, 9-4.
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/DEVON LANE/ Primary Examiner, Art Unit 3763
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