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 § 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, 2 and 7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Askani (US PGPub No. 2005/0081379)
Regarding claim 1, Askani discloses a heat exchanger configured to perform heat exchange between a first fluid (15) and a second fluid flowing in a direction intersecting the first fluid (13, in a cross flow with the flow 15, Fig. 1), the heat exchanger comprising:
a plurality of first plates (plate 18 in each tube 12) provided in parallel at intervals (plate 18 in each tube 12);
second plates disposed at intervals with each between a pair of the first plates adjacent to each other (plate 20 in between a pair of plate 18), and alternately laminated with the first plates (plates 18 and 20 are alternatively laminated as shown in Fig. 1) to alternately form first flow paths (between tubes 12) each allowing the first fluid to flow therethrough (15) and second flow paths (in tube 12) each allowing the second fluid to flow therethrough (13); and
an inner fin (fins 14 sandwiched between the tubes 12 as an inner layer) provided in the first flow paths (in the flow path 15) and in contact with the first plates and the second plates (the fins 14 contact the plate 18 and 20), wherein
at least one of each of the first plates and each of the second plates includes a plurality of protruding portions (plurality of adjacent pair of winglets 22, see annotated figure below) each of which is formed in a V shape in a plan view (adjacent pair of winglets 22 is V shaped in annotated figure below) such that the protruding portion recesses in a corresponding one of the first flow paths (see Fig. 4 and the winglets are made by rolling flat sheet material to form indentations, paragraph 0051, thus the winglets are recessed in the first flow path 15 between the tubes 12) and projects in a corresponding one of the second flow paths (see Fig. 4), and each of which is formed to be lower than a flow path height of a corresponding one of the second flow paths (the winglets 22 are lower than “H” in Fig. 4 in the flow path within the tube 12),
the plurality of protruding portions are arranged side by side (rows 24 of side by side winglets 22, Figs. 2 and 3) in an orthogonal direction orthogonal to flow of the second fluid (a horizontal direction of Figs. 2 and 3 that is perpendicular to the second flow 13) such that a tip end portion and an opening portion of the V shape (see annotated figure below) are arranged in a flow direction of the second fluid in the second flow paths (the tip end portion and free end portion have an arrangement of facing toward the second flow 13 or facing the tail of the second flow 13), and one of a pair of free end portions of the V shape is positioned on a first inflow port side (one of the free end portions closest to one edge of the tube 12 is positioned on an inflow port of the first fluid 15) on which the first fluid flows toward the first flow paths and the other is positioned on a first outflow port side on which the first fluid flows out from the first flow paths (another one of the free end portions closest to an opposite edge of the tube 12 is positioned on an outflow port of the first fluid 15),
the protruding portion on one side of a straight line connecting a second inflow port allowing the second fluid to flow into the second flow paths and a second outflow port allowing the second fluid to flow out from the second flow paths (see annotated figure below) is point-symmetrical to the protruding portion on the other side of the straight line with respect to centers of the first plates and the second plates (the two circled protruding portions are point-symmetrical about the centers around middle section of the first 18 and second plates 20 shown in annotated Figs. 2 and 3 below), and
a pair of the protruding portions adjacent to each other portions (adjacent V shaped winglets 22 along the second flow path 13, one provided on plate 18 and another provided on plate 20, adjacent to each other) are arranged such that the tip end portion and the opening portion of the V shape are alternately arranged in the orthogonal direction (the adjacent V shaped winglets 22 on plates 18 and 20 along the second flow path 13 have the tip end portions and the opening portions alternatively oriented, along the second flow 13).
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Regarding claim 2, Askani further discloses wherein the inner fin has a heat exchange wall surface erected between the first plate and the second plate (the fins 14 have fin surfaces connecting the plates 18 and 20, Fig. 1), and the heat exchange wall surface is disposed so as to intersect a flow direction of the first fluid from a first inflow port toward a first outflow port (the fin surfaces dispose and intersect in the first flow path 15 between the inflow and outflow ports), and the exchange wall surface is formed in a plate shape (a corrugated zig-zag shape of the fins 14), one surface of the exchange wall surface faces an upstream side of the flow direction of the first fluid (an end surface in the corrugated fin 14 faces a head of the air flow 15), and another surface of the exchange wall surface faces a downstream side of the flow direction of the first fluid (an opposite end surface in the corrugated fin 14 faces a tail of the air flow 15).
Regarding claim 7, Askani further discloses wherein on the first plates, among the protruding portions that are adjacent to each other along the straight line, there are protruding portions in which the tip end portion and the opening portion of the V shape are oriented in a same direction (on the plate 18, adjacent row 24 of winglets 22 have a V shape), and on the second plate, among the protruding portions that are adjacent to each other along the straight line, there are protruding portions in which the tip end portion and the opening portion of the V shape are oriented in opposite directions (on the plate 20, adjacent row 24 of winglets 22 have an inverted V shape).
Response to Arguments
Applicant's arguments filed 7/29/2025 have been fully considered but they are not persuasive.
Regarding the argument with respected to point symmetrical feature and V shaped alternatively arranged in the orthogonal direction (page 4 to 1st paragraph on page 5), they fail to comply with 37 CFR 1.111(b) because they amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references.
In response to the argument that Askani fails to disclose the configuration required in claim 2 and the amended portion of claim 2, the corrugated end of the fins 14 intersects the air flow direction 15 so that the air has to split and flow around the corrugated end. Further, as shown above, Askani discloses the corrugated end at one end of the fins 14 faces the head of the flow 15; and the corrugated end at another end of the fins 14 faces the tail of the flow 15, required in the amended portion in claim 2.
Applicant’s arguments with respect to claim(s) 7 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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/JIANYING C ATKISSON/Supervisory Patent Examiner, Art Unit 3763
/F.K.L/Examiner, Art Unit 3763