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 .
Election/Restrictions
Applicant's election of Group I, Species A in the reply filed on 3/24/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 17-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 3/24/2026.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “positioning unit”
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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) 1-14 is/are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by Shore (US20090126911A1).
Regarding claim 1, Shore discloses a heat exchanger (10; Fig. 1/12-13/16) comprising: a plurality of fin tubes (12); and a pair of headers (28/30), wherein each of the fin tubes of the plurality of fin tubes comprises: refrigerant channels (channels therethrough) through which a refrigerant can flow, and a positioning unit (56 or 130) that determines positions of the respective adjacent fin tubes of the plurality of fin tubes by contacting respective adjacent fin tube, wherein each of the fin tubes of the plurality of fin tubes are arranged to be spaced apart in one direction with respect to the other fin tubes of the plurality of fin tubes, and wherein the pair of headers are configured to communicate with the refrigerant channels of the fin tubes.
Regarding claim 2, Shore discloses the limitations of claim 1, and Shore further discloses the positioning unit (56) comprises: a positioning groove (female locating feature 78) disposed on one side of the fin tube; and a positioning protrusion (male locating feature 76) disposed on the opposite side of the fin tube, and wherein the positioning protrusion of a respective fin tube is configured to be inserted into the positioning groove of the respective adjacent fin tube.
Regarding claim 3, Shore discloses the limitations of claim 1, and Shore further discloses each of the fin tubes of the plurality of fin tubes further comprises: a first header hole (40) and a second header hole (40), the first header hole and the second header hole each being configured to allow refrigerant to pass therethrough, and wherein the positioning unit (56) is disposed adjacent to both the first header hole and the second header hole.
Regarding claim 4, Shore discloses the limitations of claim 1, and Shore further discloses each of the fin tubes of the plurality of fin tubes further comprises: a first header hole (40) and a second header hole (40), the first header hole and the second header hole each being configured to allow refrigerant to pass therethrough; a first port (surrounding port section) configured to surround the first header hole; and a second port (surrounding port section) configured to surround the second header hole, and wherein the positioning unit (56) is disposed adjacent to both the first port and the second port.
Regarding claim 5, Shore discloses the limitations of claim 4, and Shore further discloses
the first port and the second port each comprise a protrusion (57) with respect to a plate (planar portion 34) of the fin tube.
Regarding claim 6, Shore discloses the limitations of claim 4, and Shore further discloses
each of the fin tubes of the plurality of fin tubes further comprise a header collar (38) protruding in one direction from an edge of the first header hole, and a header collar (38) protruding in one direction from an edge of the second header hole.
Regarding claim 7, Shore discloses the limitations of claim 1, and Shore further discloses each of the fin tubes (12) of the plurality of fin tubes further comprises: a first panel (top one of pair 12); and a second panel (bottom one of pair 12) coupled to the first panel, and wherein the refrigerant channels comprise a space between the first panel and the second panel.
Regarding claim 8, Shore discloses the limitations of claim 7, and Shore further discloses the positioning unit is formed in both the first panel and the second panel of each respective fin tube of the plurality of fin tubes, and wherein the positioning unit (56/130) formed in the first panel of a respective fin tube of the plurality of fin tubes and the positioning unit formed in the second panel of an adjacent fin tube to the respective fin tube are in contact with each other.
Regarding claim 9, Shore discloses the limitations of claim 1, and Shore further discloses the positioning unit comprises: a positioning groove (78) formed in a first panel; and a positioning protrusion (76) formed on a second panel, and wherein the positioning protrusion of a respective fin tube is configured to be inserted into the positioning groove of the adjacent fin tube.
Regarding claim 10, Shore discloses the limitations of claim 1, and Shore further discloses a spacer (130) configured to create a gap between each respective fin tube of the plurality of fin tubes.
Regarding claim 11, Shore discloses the limitations of claim 1, and Shore further discloses the spacer (130 & ¶[0073]) protrudes from each surface of the each of the fin tubes, and wherein the spacer formed on a respective fin tube of the plurality of fin tubes and the spacer formed on the adjacent fin tube of the respective adjacent fin tube are disposed against each other.
Regarding claim 12, Shore discloses the limitations of claim 7, and Shore further discloses both the first panel and the second panel (panels of 12) comprise: a plate (34); a first header hole (40) formed through the plate which is configured to receive one header from the pair of headers; a second header hole (40) formed through the plate which is configured to receive the other header from the pair of headers (28 & 30); a first port (37) disposed around the first header hole comprising a protrusion protruding away from a surface of the plate; and a second port (37) disposed around the second header hole comprising a protrusion protruding away from the surface of the plate.
Regarding claim 13, Shore discloses the limitations of claim 12, and Shore further discloses the positioning unit (56) is disposed in both the first port and the second port.
Regarding claim 14, Shore discloses the limitations of claim 12, and Shore further discloses the positioning unit comprises: a positioning groove (78) disposed in one of the first port or the second port; and a positioning protrusion (76) disposed in the other of the first port or the second port.
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) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shore (US20090126911A1) in view of Kucher (US2354865A).
Regarding claim 15, Shore teaches the limitations of claim 12, and Shore does not teach the first panel and the second panel each further comprise a header collar protruding in one direction from an edge of the first header hole or the second header hole, wherein the header collar formed in the second panel of a respective fin tube is configured to be inserted into a header hole formed in the first panel of the respective adjacent fin tube.
Kucher teaches (see Fig. 4) the first panel and the second panel each further comprise a header collar (34) protruding in one direction from an edge of the first header hole or the second header hole, wherein the header collar formed in the second panel of a respective fin tube is configured to be inserted into a header hole (hole of 33) formed in the first panel of the respective adjacent fin tube.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Shore to include the collars of Kucher, in order to lock the plates together (Page 3, lines 20-25).
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shore (US20090126911A1) in view of Cheong (US5692559A).
Regarding claim 16, Shore teaches the limitations of claim 12, and Shore does not teach the first panel and the second panel each further comprise a plurality of ribs protruding from the plate, and wherein each rib of the plurality of ribs extends in a direction crossing a longitudinal direction of the plate.
Cheong teaches the first panel and the second panel each further comprise a plurality of ribs (ribs 38,40) protruding from the plate, and wherein each rib of the plurality of ribs extends in a direction crossing a longitudinal direction of the plate.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Shore to include the ribs of Cheong, in order to improve the heat transfer characteristics and pressure resistance (Col. 1, lines 20-30).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIC S RUPPERT whose telephone number is (571)272-9911. The examiner can normally be reached Monday - Friday 8 am - 4 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ERIC S RUPPERT/Primary Examiner, Art Unit 3763
Prosecution Insights