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
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) 1-6, 12-16, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sasaki (JPH06109391A) in view of Tamura (JP2018132237A).
Regarding claim 1, Sasaki teaches a heat exchange fin (see 10, Fig. 1-3) comprising a plurality of water pipe through holes (holes 11) arranged side by side perpendicular to a flue gas flow direction (see horizontal and vertical directions, respectively), wherein a notch (recessed groove 40) and a flanging hole (burring hole 50 with flange 50a) are sequentially formed between adjacent water pipe through holes (holes 11) along the flue gas flow direction.
Sasaki does not teach an edge of the notch is provided with a first flue gas baffle and a first opening is formed at a center of the first flue gas baffle.
Tamura (see Fig. 2-3), also directed to a heat exchange fin wherein a notch (gaps 28) and a flange (bent pieces 30) are sequentially formed between adjacent water pipe through holes (holes 26) along the flue gas flow direction, and an edge of the notch is provided with a first flue gas baffle (burring 27a), and a first opening (notch 27d) is formed at a center of the first flue gas baffle, in order to suppress soot formation, thereby increasing heat transfer efficiency (Page 3).
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 Sasaki to include the gas baffle of Tamura, in order to suppress soot formation, thereby increasing heat transfer efficiency (Page 3).
Regarding claim 2, Sasaki as modified teaches the limitations of claim 1, and Saski further teaches the plurality of water pipe through holes (11) include a plurality of rows (see two rows thereof) of water pipe through holes sequentially arranged along the flue gas flow direction, wherein the water pipe through holes in each row are arranged side by side along a direction perpendicular to the flue gas flow direction, and the water pipe through holes in the plurality of rows are arranged in one-to-one correspondence along the flue gas flow direction.
Regarding claim 3, Sasaki as modified teaches the limitations of claim 1, and Tamura further teaches a protruding portion (see portion of 27a) protruding toward an upper edge of the heat exchange fin is formed at a side of the notch that is close to the flanging hole (top of notch 28, which corresponds to the location of the flanging hole of Sasaki, see above).
Regarding claim 4, Sasaki as modified teaches the limitations of claim 3, and Tamura further teaches the first flue gas baffle (27a) is disposed at the protruding portion.
Regarding claim 5, Sasaki as modified teaches the limitations of claim 3, and Tamura further teaches a lower edge of the protruding portion (see lower edge portion of 27a) is located above the water pipe through hole (20) that is close to a lower edge of the heat exchange fin.
Regarding claim 6, Sasaki as modified teaches the limitations of claim 4, and Tamura further teaches the protruding portion is an inverted V shape (see two walls of 27a forming an inverted V-shape).
Regarding claim 12, Sasaki as modified teaches the limitations of claim 1, and Sasaki does not teach wherein a lower edge of the heat exchange fin is a straight line near an edge of the water pipe through hole.
Tamura further teaches a lower edge of the heat exchange fin is a straight line near an edge of the water pipe through hole (see bottom flat edge of 18).
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 Sasaki to include the bottom flat edge of Tamura, as it has been held obvious to provide a simple substitution of one known element (a curved edge) for another (a flat edge) to obtain predictable results (see MPEP 2143).
Regarding claim 13, Sasaki as modified further teaches a heat exchange device comprising two or more heat exchange fins according to claim 1 (see above), wherein the two or more heat exchange fins (see stack of fins 10, Fig. 1-3) are sequentially stacked and assembled together.
Regarding claim 14, Sasaki teaches a heat exchange device (Fig. 1-3) including a fin (fins 10), wherein the fin comprises a plurality of water pipe through holes (holes 11) arranged side by side perpendicular to a flue gas flow direction, wherein a notch (recessed groove 40) and a flanging hole (burring hole 50 with flange 50a) are sequentially formed between adjacent water pipe through holes along the flue gas flow direction.
Sasaki does not teach an edge of the notch is provided with a first flue gas baffle and a first opening is formed at a center of the first flue gas baffle.
Tamura (see Fig. 2-3), also directed to a heat exchange fin wherein a notch (gaps 28) and a flange (bent pieces 30) are sequentially formed between adjacent water pipe through holes (holes 26) along the flue gas flow direction, and an edge of the notch is provided with a first flue gas baffle (burring 27a), and a first opening (notch 27d) is formed at a center of the first flue gas baffle, in order to suppress soot formation, thereby increasing heat transfer efficiency (Page 3).
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 Sasaki to include the gas baffle of Tamura, in order to suppress soot formation, thereby increasing heat transfer efficiency (Page 3).
Regarding claim 15, Sasaki as modified teaches the limitations of claim 14, and Saski further teaches the plurality of water pipe through holes (11) include a plurality of rows (see two rows thereof) of water pipe through holes sequentially arranged along the flue gas flow direction, wherein the water pipe through holes in each row are arranged side by side along a direction perpendicular to the flue gas flow direction, and the water pipe through holes in the plurality of rows are arranged in one-to-one correspondence along the flue gas flow direction.
Regarding claim 16, Sasaki as modified teaches the limitations of claim 14, and Tamura further teaches a protruding portion (see portion of 27a) protruding toward an upper edge of the heat exchange fin is formed at a side of the notch that is close to the flanging hole (top of notch 28, which corresponds to the location of the flanging hole of Sasaki, see above).
Regarding claim 20, Sasaki as modified further teaches a water heater product comprising the heat exchange device of claim 14 (see above, and while not shown, the heat exchanger is in combination with a lower combustion chamber, Page 2).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sasaki (JPH06109391A) in view of Tamura (JP2018132237A) and Luo (CN217604781U).
Regarding claim 7, Sasaki as modified teaches the limitations of claim 1, and Sasaki does not teach the flanging hole is located above the water pipe through hole that is close to an upper edge of the heat exchange fin.
Luo teaches the flanging hole (see 1-5, Fig. 1-2) is located above the water pipe through hole (1-2) that is close to an upper edge of the heat exchange fin.
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 Sasaki to include flanging hole above the water pipe through hole as taught by Luo, as it has been held obvious to provide a simple substitution of one known element (a flange hole in line with the water through hole) for another (a flange hole above the water through hole) to obtain predictable results (see MPEP 2143).
Claim(s) 9-11 and 17-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sasaki (JPH06109391A) in view of Tamura (JP2018132237A) and Jiang (CN211926620U).
Regarding claims 9-11 and 17-19, Sasaki as modified teaches the limitations of claim 1/14, and Sasaki does not teach wherein a recessed portion recessed toward the water pipe through hole is formed at an upper edge of the heat exchange fin correspondingly to the water pipe through hole, a second flue gas baffle corresponding to the flanging hole is disposed at the recessed portion, a second opening is formed at a center of the second flue gas baffle corresponding to the water pipe through hole.
Jiang teaches (Fig. 1) a recessed portion (see recess with guide 3) recessed toward the water pipe through hole is formed at an upper edge of the heat exchange fin correspondingly to the water pipe through hole, a second flue gas baffle (guide 3) corresponding to the flanging hole is disposed at the recessed portion, a second opening (gap 12) is formed at a center of the second flue gas baffle corresponding to the water pipe through hole, in order to improve heat transfer efficiency (Page 3).
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 Sasaki to include the recessed second flue baffle of Jiang, in order to improve heat transfer efficiency (Page 3).
Claim(s) 21-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sasaki (JPH06109391A) in view of Ariyama (JP2001241688A).
Regarding claim 21, Sasaki teaches a heat exchange fin (see 10, Fig. 1-3) comprising a plurality of water pipe through holes (holes 11) arranged side by side perpendicular to a flue gas flow direction (see horizontal and vertical directions, respectively), wherein a notch (recessed groove 40) and a flanging hole (burring hole 50 with flange 50a) are sequentially formed between adjacent water pipe through holes (holes 11) along the flue gas flow direction.
Sasaki does not teach an edge of the notch is provided with a first flue gas baffle and a first opening is formed at a center of the first flue gas baffle, wherein the first opening is flush with a recessed portion of the heat exchange fin connecting an upper edge of the heat exchange fin and a lower edge of the heat exchange fin.
Ariyama teaches (see Fig. 2) an edge (see edge of notches in fin 4) of the notch is provided with a first flue gas baffle (guide plate 7) and a first opening (see opening between respective guide plate sections) is formed at a center of the first flue gas baffle, wherein the first opening is flush with a recessed portion (see recessed portion of fin 4) of the heat exchange fin connecting an upper edge of the heat exchange fin and a lower edge of the heat exchange fin.
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 Sasaki to include the baffle and opening configuration of Ariyama, in order to improve heat transfer efficiency (Page 2).
Regarding claim 22, Sasaki teaches a heat exchange device (Fig. 1-3) including a fin (fins 10), wherein the fin comprises a plurality of water pipe through holes (holes 11) arranged side by side perpendicular to a flue gas flow direction, wherein a notch (recessed groove 40) and a flanging hole (burring hole 50 with flange 50a) are sequentially formed between adjacent water pipe through holes along the flue gas flow direction.
Ariyama teaches (see Fig. 2) an edge (see edge of notches in fin 4) of the notch is provided with a first flue gas baffle (guide plate 7) and a first opening (see opening between respective guide plate sections) is formed at a center of the first flue gas baffle, wherein the first opening is flush with a recessed portion (see recessed portion of fin 4) of the heat exchange fin connecting an upper edge of the heat exchange fin and a lower edge of the heat exchange fin.
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 Sasaki to include the baffle and opening configuration of Ariyama, in order to improve heat transfer efficiency (Page 2).
Response to Arguments
Applicant's arguments filed 10/06/2025 have been fully considered but they are not persuasive.
Applicant argues the notch of Tamura is not an “opening” as set forth in claims, where all of the material is removed from the opening.
Examiner contends Applicant’s argument is not commensurate in scope with the claims, which does not require the opening to have all of the material removed, but rather, meets the plain meaning of the term, consistent with the disclosure of the instant application. Further, 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., an opening in which all of the material is removed) 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’s arguments with respect to claim(s) 21-22 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. It is noted that the newly cited limitations of claims 21-22 have necessitated a new grounds of rejection, as detailed 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 ERIC S RUPPERT whose telephone number is (571)272-9911. The examiner can normally be reached Monday - Friday 8 am - 4 pm.
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/ERIC S RUPPERT/Primary Examiner, Art Unit 3763