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 .
Status of the Claims
The status of the claims as filed in the reply dated 6/6/2026 are as follows:
Claim 13 is amended,
Claims 14 and 15 are new,
Claims 1-15 are currently pending.
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.
Claims 1-5, 9, 12 and 14-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lu (US 5,555,930, previously cited).
In regards to claim 1, Lu discloses
A heat exchanger (Fig.1), comprising:
a header (12), comprising a header wall (30) having multiple through-holes; and
multiple flat tubes (16, 22), the multiple flat tubes being arranged in an axial direction of the header, and ends of the multiple flat tubes being respectively inserted into multiple through-holes (36) of the header wall of the header and connected to the header wall (Fig.1), wherein the multiple flat tubes comprise two sets of first flat tubes (22) that are outermost in the axial direction of the header, and a second flat tube (16) between the two sets of first flat tubes;
the header comprises two first parts (26) corresponding to outermost flat tubes in the axial direction of the header, and a second part (middle part of the header) between the two first parts, and
wherein the tensile strength of at least one set of first flat tubes in the two sets of first flat tubes in the axial direction of the header is greater than the tensile strength of the second flat tube in the axial direction of the header (Fig.2, tubes 22 have a greater tensile strength than tubes 16 due to the ribs 42 and support from flanges 50), and/or the tensile strength of at least one first part of the two first parts of the header in the axial direction of the header is greater than the tensile strength of the second part of the header in the axial direction of the header.
In regards to claim 2, Lu discloses that the flat tube comprises multiple channels (Fig.2, channels 40 in tubes 22 and between turbulators in tubes 16), and a spacing wall (42; turbulator walls) between adjacent channels; a dimension, in the direction of arrangement of the spacing wall, of at least one spacing wall of at least one first flat tube in the at least one set of first flat tubes is greater than a dimension, in the direction of arrangement of the spacing wall, of the spacing wall of the second flat tube (Fig.2).
In regards to claim 3, Lu discloses that the at least one spacing wall of at least one first flat tube in the at least one set of first flat tubes is a spacing wall located in the middle in a width direction of the first flat tube (Fig.2).
In regards to claim 4, Lu discloses that the dimensions, in the direction of arrangement of the spacing walls, of multiple spacing walls of at least one first flat tube in the at least one set of first flat tubes are the same (Fig.2 and col.4 lines 16-18).
In regards to claim 5, Lu discloses that at least one first flat tube in the at least one set of first flat tubes is a solid flat tube (Fig.2).
In regards to claim 9, Lu discloses that a dimension, in a circumferential direction of the header, of the through-hole in the header wall of the header corresponding to at least one first flat tube in the at least one set of first flat tubes is less than a dimension, in the circumferential direction of the header, of the through-hole in the header wall of the header corresponding to the second flat tube (Fig.2, tubes 22 have a smaller dimension than tubes 16, the through-hole being smaller as well).
In regards to claim 12, Lu discloses that when viewed in an axial direction of the flat tube, the through-hole in the header wall of the header corresponding to the at least one first flat tube in the at least one set of first flat tubes is parallel to the through-hole in the header wall of the header corresponding to the second flat tube (Fig.2).
In regards to claim 14, Lu discloses wherein fins (18) are arranged alternately with the flat tubes, wherein the outermost flat tubes (22) connected to the header wall have fins arranged on the outermost sides, and
wherein outermost side elements (50) which are not inserted into the header wall are arranged on the outermost fins.
In regards to claim 15, Lu discloses a heat exchanger (figs 1-3), comprising:
a header (12), comprising a header wall having multiple through-holes; and
multiple flat tubes (16, 22), the multiple flat tubes being arranged in an axial direction of the header, and ends of the multiple flat tubes being respectively inserted into multiple through- holes of the header wall of the header and connected to the header wall (fig 1),
wherein the multiple flat tubes comprise two sets of first flat tubes (22) that are outermost in the axial direction of the header, and a second flat tube (16) between the two sets of first flat tubes;
the header comprises two first parts (26) corresponding to outermost flat tubes in the axial direction of the header, and a second part (middle part of the header, see annotated fig 3 below) between the two first parts, and
wherein the tensile strength of at least one set of first flat tubes in the two sets of first flat tubes in the axial direction of the header is greater than the tensile strength of the second flat tube in the axial direction of the header (Fig.2, tubes 22 have a greater tensile strength than tubes 16 due to the ribs 42 and support from flanges 50), and the tensile strength of at least one first part of the two first parts of the header in the axial direction of the header is greater than the tensile strength of the second part of the header in the axial direction of the header (as the thickness of the second part is less than that of the first part as evident in figure 3).
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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.
Claims 6-8 are rejected under 35 U.S.C. 103 as being unpatentable over Lu in view of Ross et al. (US 6,032,728, herein Ross, previously cited).
In regards to claims 6 and 8, Lu does not disclose that at least one first flat tube in the at least one set of first flat tubes comprises multiple secondary flat tubes as claimed.
Ross teaches a heat exchanger having a set of first flat tubes (Fig.11, in apertures 522) and second flat tubes (16), at least one first flat tube in the at least one set of first flat tubes comprises multiple secondary flat tubes (Fig.11), the multiple secondary flat tubes being spaced apart in a width direction of the flat tube; and the through-hole in the header wall of the header corresponding to the at least one first flat tube comprises multiple secondary through-holes (522), the multiple secondary through-holes being spaced apart in a circumferential direction of the header, and ends of the multiple secondary flat tubes being respectively inserted into the multiple secondary through-holes and connected to the header wall (Fig.11 and col.4 lines 22-25).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lu’s first flat tube to comprise multiple secondary flat tubes as taught by Ross in order to further increase the strength of the heat exchanger.
In regards to claim 7, Lu in view of Ross discloses that adjacent secondary flat tubes in the multiple secondary flat tubes of at least one first flat tube in the at least one set of first flat tubes are connected via a connecting part (Ross, Fig.11, 520), the multiple secondary flat tubes being formed integrally with the connecting part (Fig.11).
Claims 10 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Lu in view of Higashiiue (EP3971507A1, previously cited).
In regards to claims 10 and 11, Lu does not disclose that, when viewed in an axial direction of the flat tube, the through-hole in the header wall of the header corresponding to the at least one first flat tube in the at least one set of first flat tubes is inclined relative to the axial direction of the header, or has a curved shape.
Higashiiue teaches a similar heat exchanger (Fig.2) comprising a first set of tubes (3A) having an inclined or curved shape (Fig.10).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lu’s through hole for at least one first flat tube to be inclined or curved as taught by Higashiiue since it has been held that changing the shape of a known part into another known shape involves routine skill in the art. See MPEP 2144.04. Note that in the instant application, paragraphs 40-41, Applicant has not disclosed any criticality for the claimed limitations.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lu as applied to claim 1 above, and further in view of Meyerhofer (U.S. Patent No. 4,791,982).
In regards to claim 13, Lu discloses all previous claim limitations. However, Lu does not explicitly disclose that each set of first flat tubes in the two sets of first flat tubes comprises multiple first flat tubes. Meyerhofer, however, discloses a heat exchanger (fig 1-3) wherein each set of first flat tubes (11) in two sets of first flat tubes (outer most first flat tube) comprises multiple first flat tubes (fig 3). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for Lu to provide multiple first flat tubes in order to increase the heat exchange capacity of the heat exchanger.
Response to Arguments
Applicant's arguments filed 6/6/2026 have been fully considered but they are not persuasive.
Applicant argues (pages 6-7) that Lu does not teach wherein the tensile strength of at least one set of first flat tubes in the two sets of first flat tubes in the axial direction of the header is greater than the tensile strength of the second flat tube in the axial direction of the header. Lu does not mention tensile strength nor are Lu’s drawings to scale as the description does not mention any scale. Further, the material of Lu is not mentioned and could be, for example be made of plastic. The Examiner respectfully disagrees; the first tubes of Lu, which are referred to as support members, are provided to inhibit thermal expansion from damaging the heat exchanger (see col 2, lines 45-49), thus these tubes would need increased tensile strength in order to inhibit such damage. Further, the cross hatching shown in the drawings of Lu indicate that the material of the first tubes is a metal (see MPEP 608.02(IX).
Applicant argues (page 8) that Lu does not teach the tensile strength of at least one first part of the two first parts of the header in the axial direction of the header is greater than the tensile strength of the second part of the header in the axial direction of the header. However, as explained in the rejection, the greater relative thickness of the first parts would provide greater tensile strength relative to the second part.
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 HARRY E ARANT whose telephone number is (571)272-1105. The examiner can normally be reached Monday-Friday 10-6 ET.
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/HARRY E ARANT/Primary Examiner, Art Unit 3763
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