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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 6/16/2026 has been entered.
Claim Objections
Claim 1 is objected to because of the following informalities:
“the the manifold” in line 7 from last line of claim 1 should read --the manifold--.
Appropriate correction is required.
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, 2, 4-8 and 10-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Krupa (EP 1870658 A1) in view of Lee (KR 2003-0027610 A).
Regarding claim 1, Krupa discloses a heat exchange module (Fig. 1) comprising a heat exchange tube (a set of two tubes 5a, 5b), and a manifold (manifolds 8b and 8c at top or bottom sides of second manifold 2b, Fig. 1) attached at one of its ends (right end of the tubes 5a, 5b in Fig. 1) to, in operating mode, establish the transfer of coolant between a first conduit and a second conduit of the heat exchange tube (the manifolds 8b and 8c receive a fluid from one of the tubes 5a and supply the fluid to the tube 5b);
wherein the heat exchange tube (the set of the tubes 5a and 5b) comprises:
the first conduit (the tube 5a) having a flat configuration according to its cross section (see Fig. 8), the first conduit for an outgoing flow located on one side of the tube (the tube 5a receives the fluid from inlet side of a manifold 8a, Figs. 1 and 4):
the second conduit (the tube 5b) having a flat configuration according to its cross section (see Fig. 8), the second conduit for a return flow located on the other side of the tube (the tube 5 returns the fluid to outlet side of the manifold 8a, Figs. 1 and 4);
wherein at least one end of the tube has a configuration (an oblong cross-section of the tubes 5a and 5b, Fig. 8) adapted to be attached to the manifold (attach to oblong cross-section opening of the end manifolds 8b and 8c, Fig. 5) which is configured to exchange fluid with the first conduit and with the second conduit (the manifolds 8b and 8c receives a fluid from the tube 5a and supplies the fluid to the tube 5b),
the manifold being suitable for bringing the first conduit into fluidic communication with the second conduit of the tube (the manifolds 8b and 8c fluidly connects ends of the tubes 5a and 5b);
wherein the manifold comprises:
a first part (the top manifold 8c, Figs. 1 and 4) formed by deformation of a sheet metal (“formed by deformation” is product by process, the resulted structure of the process is interpreted to mean a structure of a sheet metal that has curves or having non flat shape. The top manifold 8c is a part of a stacking plurality of manifold modules, see paragraphs 0023-0026, formed by flat sheet of metal and has curvature formed shown in the figures);
a second part (the manifold 8b directly below the top manifold 8c, Figs. 1 and 4) configured by deformation of a sheet metal (“configured by deformation” is product by process and the resulted structure of the process is also interpreted to mean a structure of a sheet metal that has curves or having non flat shape. The manifold 8b is a part of a stacking plurality of manifold modules, see paragraphs 0023-0026, formed by flat sheet of metal and has curvature formed shown in the figures), attached to the first part (the manifold 8b and the top manifold 8c are attached together);
wherein the manifold comprises:
an inlet port (an opening of the manifold 8b and 8c adjacent the tube 5a) configured to receive the first conduit for the inlet flow (to receive the tube 5a); and
an outlet port (an opening of the manifold 8b and 8c adjacent the tube 5b) configured to receive the second conduit for the return flow (to receive the tube 5b); and
wherein the manifold comprises a channel (a space inside wall 13 of manifolds 8b and 8c, see Fig. 6) formed either by expansion of the first part, or by expansion of the second part, or by expansion of both parts ( “formed … by expansion” is product by process and the resulted structure of the process is interpreted to mean a structure having an enlarged channel compared to the first/second conduits. The space as shown in Fig. 4 in height direction is larger than and expanded from the thickness of the tubes 5a and 5b), wherein the channel communicates the inlet port with the outlet port (the space is an extension of the two openings receiving the tubes 5a and 5b);
wherein the manifold comprises a contact region (a region at partitions 14 in Fig. 6 or 21 in Fig. 7) in which a first intermediate area of the first part of the manifold (partitions 14 in Fig. 6 or 21 in Fig. 7 of the manifold 8c) is joined to a second intermediate area of the second part of the manifold (partitions 14 or 21 of the manifold 8b, see for reference in Figs. 6 and 7. Note that manifold 8b has the same structure as manifold 8a and also includes passages 28 and 29 of the manifold 8c in the partitions 14 or 21 for fluid passage between the tubes 5a and 5b, based on the view of the manifold 8b in Fig. 4, partitions 14 or 21 the manifold 8b is joined to respective partition 14 or 21 of the manifold 8c to close the space and form the fluid passage between the tubes 5a and 5b);
wherein either the end of the first conduit, or the end of the second conduit or both ends enter the interior of the channel of the manifold (both ends of the tubes 5a and 5b enter the space inside the wall 13 of manifolds 8b and 8c) thereby forming a cantilevered section of the first conduit and/or the second conduit within the channel of the manifold (according to paragraph 0039, grooves 18a, 18b are formed to limit insertion depth of the tubes and to increase junction so that increases junction strength. Therefore, a maximum tube insertion may have the maximum junction strength when the end of tubes is inserted and contacts the end of the grooves 18a, 18b. As a result, a cantilevered section, see shaded area in the annotated figure below, is formed), to avoid at least partial occlusion of the conduit(s) by maintaining a distance between the conduit end(s) of the tube and the contact region of the manifold (see “distance” in the annotated figure below, the distance prevents further insertion of the tubes 5a and 5b so that prevents occlusion of the tubes 5a and 5b, for example, when the tubes 5a and 5b inserted closer to wall 13 of the manifolds 8b and 8c);
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Krupa fails to disclose:
wherein the first conduit and the second conduit are arranged adjacent and mechanically joined by means of an intermediate section configuring a tube of flat configuration according to its cross section wherein the tube extends longitudinally between a first end and a second end according to a trajectory and;
wherein;
the intermediate section has its end recessed with respect to one end of the first conduit and recessed with respect to one end of the second conduit so that the end of the first conduit and the end of the second conduit have a perimeter area separated from the end of the intermediate section and configured for connection with the manifold;
wherein the recessed end of the intermediate section of the tube leaves the end of the first conduit and the end of the second conduit with a respective perimeter area adapted to establish seating inside the inlet port and inside the outlet port, respectively;
wherein said contact region of the manifold is configured to be at least partially lodged in the recessed end of the intermediate section of the tube; and
wherein the contact region of the manifold is arranged between the respective perimeter areas of the end of the first conduit and the end of the second conduit.
Lee discloses wherein the first conduit and the second conduit are arranged adjacent and mechanically joined by means of an intermediate section (bridge 56) configuring a tube of flat configuration (the entirety of a flat tube in Fig. 2) according to its cross section, wherein the tube extends longitudinally between a first end (left end of the tubes 52 and 54 in Fig. 3) and a second end (right end of the tubes 52 and 54 in Fig. 3) according to a trajectory (“trajectory” is understood as a direction of the tube extension, the tube extends horizontally in Fig. 3); and
wherein;
the intermediate section has its end (U shaped end of the bridge 56 at end 59, Fig. 2) recessed with respect to one end of the first conduit and recessed with respect to one end of the second conduit (the U shaped end is recessed with respected to ends 59 of both the tubes 52 and 54, Fig. 2) so that the end of the first conduit and the end of the second conduit have a perimeter area (a void defined between the ends 59) separated from the end of the intermediate section (separated from the U shaped end of the bridge 56) and configured for connection with the manifold (the ends 59 are connected to the manifold 20 as shown in Fig. 3).
Therefore, bridges 56 of Lee may be added between the tubes 5a and 5b of Krupa (see annotated figure below).
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As a result, the joined tubes 5a and 5b with the bridges 56 discloses:
wherein the recessed end of the intermediate section of the tube leaves the end of the first conduit and the end of the second conduit with a respective perimeter area (grayed ends in annotated figure above) adapted to establish seating inside the inlet port and inside the outlet port, respectively (the perimeter areas are seated or attached in the oblong openings of the manifolds 8b and 8c);
wherein said contact region of the manifold (the contact region at partitions 14/21 of manifolds 8b and 8c) is configured to be at least partially lodged in the recessed end of the intermediate section of the tube (the contact region is partially lodged in the “recessed end” in annotated figure above when the tubes are inserted in the manifolds); and
wherein the contact region of the manifold is arranged between the respective perimeter areas of the end of the first conduit and the end of the second conduit (the contact region at partitions 14/21 of manifolds 8b and 8c is arranged between the two grayed “perimeter area” in annotated figure above).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided wherein the first conduit and the second conduit are arranged adjacent and mechanically joined by means of an intermediate section configuring a tube of flat configuration according to its cross section wherein the tube extends longitudinally between a first end and a second end according to a trajectory and;
wherein the intermediate section has its end recessed with respect to one end of the first conduit and recessed with respect to one end of the second conduit so that the end of the first conduit and the end of the second conduit have a perimeter area separated from the end of the intermediate section and configured for connection with the manifold;
wherein the recessed end of the intermediate section of the tube leaves the end of the first conduit and the end of the second conduit with a respective perimeter area adapted to establish seating inside the inlet port and inside the outlet port, respectively;
wherein said contact region of the manifold is configured to be at least partially lodged in the recessed end of the intermediate section of the tube; and
wherein the contact region of the manifold is arranged between the respective perimeter areas of the end of the first conduit and the end of the second conduit.
in Krupa as taught by Lee in order to in order to reduce labor in assembling tubes (see paragraphs 20-23 of the translation of Lee).
Regarding claim 2, Krupa as modified in claim 1 further discloses wherein the first part of the manifold comprises a first perimeter seat (rim 12 of the manifold 8c in Fig. 7) and the second part comprises a second perimeter seat (rim 12 of the manifold 8b, see for reference Fig. 6) wherein the first perimeter seat of the manifold is attached to the second perimeter seat (the rims 12 of adjacent manifold connect to each other) establishing the seal in a perimeter zone of the manifold (to form a seal around a perimeter or wall 13 of the manifolds 8b and 8c).
Regarding claim 4, Krupa modified in claim 1 further discloses wherein the channel of the manifold is configured by the expansion of both the first part and the second part (the space inside the manifolds 8b and 8c is defined by the volume in the height direction which is expanded from the thickness of the tubes), both of the expansions coinciding according to a projection on a plane of union of the first part and the second part to configure between them the channel (the space inside the manifolds 8b and 8c coincides respectively have projections at a union plane on projection 14 and flat portion 11 to define the space inside the manifolds 8b and 8c).
Regarding claim 5, Krupa as modified in claim 1 further discloses wherein a length of the channel of the manifold (a length between top and bottom ends of the manifolds 8b and 8c according to vertical direction of in Figs. 6 and 7, which is 2 x h in Figs. 6 and 7) is greater than a width of the tube (the length is greater than a width or thickness of the tubes 5a and 5b, according to the vertical direction of Figs. 6 and 7).
Regarding claim 6, Krupa as modified in claim 1 further discloses wherein at least the first part of the manifold comprises flanges (rim 12 of the manifold 8c in Fig. 6) that embrace a second seat of the second part (the rim 12 in Fig. 7 embraces flat portion 20 of the manifold 8b, see for reference in Fig. 6).
Regarding claim 7, Krupa as modified in claim 1 further discloses wherein either
a section of the first part of the manifold comprising two adjacent area portions, the two adjacent area portions comprising a first area portion of a junction with the second part (an area 11 of the manifold 8c connected to the manifold 8b) and a second area portion of a junction with an end of one of the conduits of the tube (an area 17a, 17b of the manifold 8c connected to an end of the tubes 5a, 5b); or
a section of the second part of the manifold comprising two adjacent area portions, the two adjacent area portions comprising a first area portion of a junction with the first part (an area 20 of the manifold 8b connected to the manifold 8c) and a second area portion of a junction with an end of one of the conduits of the tube (an area 17a, 17b of the manifold 8b connected to an end of the tubes 5a, 5b); or
both sections, are plastically deformed by a local stamping operation to reduce their radius of agreement (as best understood, “by a local stamping operation” and its resultant function “to reduce their radius of agreement” is a product-by-process limitation, and the patentability of a product does not depend on its method of production, see MPEP 2113. “a local stamping operation” does not imply a distinct structure. The structure as a result of the claimed method of production may be a deformed, curved, folded or a non-flat structure. Both the manifolds 8b and 8c have non flat structure on areas 11, 12 and 20 and curved walls 13).
Regarding claim 8, Krupa in claim 1 further discloses wherein the first part or the second part comprises a section or sections plastically deformed by a local stamping operation to reduce a radius of agreement (“by a local stamping operation” and its resultant function “to reduce their radius of agreement” is a product-by-process limitation, and the patentability of a product does not depend on its method of production, see MPEP 2113. “a local stamping operation” does not imply a distinct structure. The structure as a result of the claimed method of production may be a deformed, curved, folded or a non-flat structure. The manifolds 8b and 8c have a deformed structure shown in Figs. 6 and 7), wherein the section or sections extend a distance less than a distance of a junction with the tube according to an inlet direction of the inlet port or according to an outlet direction of the outlet port (the distance of the section as annotated below is less than a distance of a junction of the tube according to the flow direction of both the inlet port and outlet port).
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Regarding claim 10, Krupa as modified in claim 1 further discloses wherein the perimeter area is continuous along a perimeter path (the grayed perimeter area in annotated figure above is continuous along, for example, a path within the grayed perimeter area).
Regarding claim 11, Krupa as modified in claim 1 further discloses wherein the path of the tube is either straight or wavy (the tubes 5a and 5b are straight).
Regarding claim 12, Krupa as modified in claim 1 fails to disclose wherein the first conduit, the second conduit or both conduits comprise a plurality of internal channels.
Lee further discloses wherein the first conduit, the second conduit or both conduits comprise a plurality of internal channels (both the tubes 52 and 54 include microtubes 51, see Fig. 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided wherein the first conduit, the second conduit or both conduits comprise a plurality of internal channels in Krupa as taught by Lee in order to increase heat exchange surface area for more efficient heat exchange.
Regarding claim 13, Krupa as modified in claim 1 further discloses wherein the first conduit, the second conduit or both conduits have a cross section delimited by two parallel straight lines separated from each other (the tubes 5a and 5b have top and bottom sides, see Fig. 8 of Krupa) and connected at their ends by two curved sections (the top and bottom sides are connected at their ends by two curved side sections, see Fig. 8).
Response to Arguments
Applicant’s arguments with respect to 102 rejection of Abate in view of Lee to claim(s) 1 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 (a 103 rejection of Krupa in view of Lee is now relied upon rejecting claim 1).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FOR K LING whose telephone number is (571)272-8752. The examiner can normally be reached Monday through Friday, 8:30 am to 5 pm.
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/JIANYING C ATKISSON/Supervisory Patent Examiner, Art Unit 3763
/F.K.L/Examiner, Art Unit 3763
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