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 Objections
Claim 7 is objected to because of the following informalities:
“two adjacent area portions comprising” in lines 7-8 of claim 7 should read -- the two adjacent area portions comprising--.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-8 and 10-13 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites “a first conduit for the outgoing flow” in line 6. “the outgoing flow” has insufficient antecedent basis.
For examination purposes, “the outgoing flow” is construed as –an outgoing flow--.
Claim 1 further recites “a second conduit for the return flow” in line 8. “the return flow” has insufficient antecedent basis.
For examination purposes, “the return flow” is construed as –a return flow--.
Line 13 of claim 1 recites “wherein at least one end of the tube has a configuration adapted to be attached to a manifold”. It is unclear if “a manifold” is a new manifold or referring to “a manifold” in lines 1-2.
For examination purposes, “a manifold” in line 13 of claim 1 is construed as --the manifold--.
Claim 3 recites “wherein the manifold is configured for a tube comprising the intermediate section…”. It is unclear if “a tube” is a new tube or referring to “a tube” in line 10 of claim 1.
Since the limitations of the tubes and the intermediate section in lines 2-5 of claim 3 already include and are identical to limitations in lines 16-19 of claim 1, to avoid further confusion of new or existing element and for examination purposes, “wherein the manifold is configured for a tube comprising 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” is construed as --wherein the perimeter area--.
Claim 8 recites the limitation “wherein the first part or the second part comprises a section or sections”. It is unclear if “a section or sections” referring to “a section of the first part of the manifold” and/or “a section of the second part of the manifold” in parent claim 7.
For examination purposes and to avoid confusion of new or existing element, claim 8 is construed as dependent from claim 1.
Claims 2-7 and 10-13 dependent from claim 1 are also rejected.
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) 1-8 and 10-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Abate (US Patent No. 6,467,536) in view of Lee (KR 2003-0027610 A).
Regarding claim 1, Abate discloses a heat exchange module (Fig. 2) comprising a heat exchange tube (a set of two tubes 16), and a manifold (end tank 14) attached at one of its ends (right end) to, in operating mode, establish the transfer of coolant between a first conduit and a second conduit of the heat exchange tube (the end tank 14 receives a fluid from one of the tubes 16 and supplies the fluid to another one of the tubes 16);
wherein the heat exchange tube (the set of two tubes 16) comprises:
the first conduit (the one of the tubes 16) having a flat configuration according to its cross section (see Fig. 4), the first conduit for an outgoing flow located on one side of the tube (the one of the tubes 16 receives the fluid from an inlet 26 on one side of the Fig. 2):
the second conduit (another one of the tubes 16) having a flat configuration according to its cross section (see Fig. 4), the second conduit for a return flow located on the other side of the tube (the another one of the tubes 16 returns the fluid to an outlet 26 on another side of the Fig. 2);
wherein at least one end of the tube has a configuration (a rectangular cross-section of the tubes 16, Fig. 4) adapted to be attached to the manifold (attach to rectangular cross-section opening of the end tank 14, Fig. 4) which is configured to exchange fluid with the first conduit and with the second conduit (the end tank 14 receives a fluid from one of the tubes 16 and supplies the fluid to another one of the tubes 16),
the manifold being suitable for bringing the first conduit into fluidic communication with the second conduit of the tube (the end tank 14 fluidly connects ends of the two tubes 16);
wherein the manifold comprises:
a first part (top part of the end tank 14, Fig. 4) formed by deformation of a sheet metal (the “deformation” in the “formed by deformation” may be a structure of a sheet metal that has curves or having non flat shape. The top part of the end tank 14 is made of aluminum, see col.3, lines 8-10, and has bosses 40 as shown in Fig. 4);
a second part (bottom part of the end tank 14, Fig. 4) configured by deformation of a sheet metal, attached to the first part (the “deformation” in the “configured by deformation” may also be a structure of a sheet metal that has curves or having non flat shape. The bottom part of the end tank 14 is made of aluminum, see col.3, lines 8-10, and has bosses 40 as shown in Fig. 4, and attached to the top part);
wherein the manifold comprises:
an inlet port (projection 44 on left side of Fig. 4) configured to receive the first conduit for the inlet flow (to receive the one of the tubes 16); and
an outlet port (projection 44 on right side of Fig. 4) configured to receive the second conduit for the return flow (to receive the another one of the tubes 16); and wherein the manifold comprises a channel (a space inside bosses 40) formed either by expansion of the first part, or by expansion of the second part, or by expansion of both parts (“formed … by expansion” may be a structure having an enlarged channel compared to the first/second conduits. The bosses 40 as shown in Fig. 4 is larger than the tube 16), wherein the channel communicates the inlet port with the outlet port (the bosses 40 receive or supply fluid from or to the two tubes 16);
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 right ends of the tubes 16 enter the end tank 14, see Fig. 2) resulting in a cantilevered section to avoid at least partial occlusion of the conduit(s) (the insertion of the both right ends result a section of the set of two tubes 16 not entered into the end tank 14, and avoiding occlusion of both the tubes 16 at such section not entered into end tank 14).
Abate 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.
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 extend 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).
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 I Abate 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, Abate as modified in claim 1 further discloses wherein the first part of the manifold comprises a first perimeter seat (edges around the top part of the end tank 14) and the second part comprises a second perimeter seat (edges around the bottom part of the end tank 14) wherein the first perimeter seat of the manifold is attached to the second perimeter seat (see Fig. 4) establishing the seal in a perimeter zone of the manifold (the edges of the top and bottom parts of the end tank 14 are attached to seal the parts together around a perimeter of the end tank 14).
Regarding claim 3, as best understood, Abate as modified in claim 1 further discloses wherein the perimeter area (the void between the modified tubes 16) adapted to establish seating inside the inlet port and inside the outlet port respectively (the void adapted to allow the two ends of the tubes 16 with the intermediate section to be inserted or seated inside the respective port of the end tank 14),
wherein
the manifold comprises a contact region in which a first intermediate area of the first part is joined to a second intermediate area of the second part (a connection of the top part and bottom part between the two projections 44 shown in Fig. 4); and wherein
wherein the contact region is configured to be at least partially lodged in the recessed end of the immediate section of the tube (the connection between the two projections 44 of Abate is partially lodged in the U shaped end of the bridge 56 of Lee when the ends 59 of are inserted into the projections 44 of Abate).
Regarding claim 4, Abate 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 bosses 40 is defined by the bosses 40 in the top part and bottom part themselves), 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 bosses 40 in the top part and bottom part coincides respectively have projections at a union plane at the section line 2-2 in Fig. 1 to define the channel inside the bosses 40).
Regarding claim 5, Abate 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 oblong shaped bosses 40 according to vertical direction of Fig. 2) is greater than a width of the tube (the length is greater than a width of the tube unit between the two “42”, according to vertical direction of Fig. 2).
Regarding claim 6, Abate as modified in claim 1 further discloses wherein at least the first part of the manifold comprises flanges (edges around the top part of the end tank 14of the end tank 14) that embrace a second seat (edges around the bottom part of the end tank 14) of the second part (the edges around the top part enclose the edges around the bottom part).
Regarding claim 7, Abate 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 of the top part connected to the bottom part) and a second area portion of a junction with an end of one of the conduits of the tube (an area of the top part at projection 44 connected to an end of one of the tubes 16); 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 of the bottom part connected to the top part) and a second area portion of a junction with an end of one of the conduits of the tube (an area of the bottom part at projection 44 connected to an end of one of the tubes 16); 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. The top and bottom parts of the end tank 14 have bosses 40 which is a deformed structure).
Regarding claim 8, as best understood, Abate 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 “section” as in the annotated and enlarged Fig. 1 below has a deformed structure), 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, Abate as modified in claim 1 further discloses wherein the perimeter area is continuous along a perimeter path (the modified void in modified Abate defined between the ends 59 is continuous along, for example, a path between the two ends 59, see Fig. 2 of Lee).
Regarding claim 11, Abate as modified in claim 1 further discloses wherein the path of the tube is either straight or wavy (the unit of tubes 16 joined by the bridge 56 of Lee is straight).
Regarding claim 12, Abate as modified in claim 1 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).
Regarding claim 13, Abate 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 16 have top and bottom sides, see Fig. 4 of Abate) and connected at their ends by two curved sections (the top and bottom sides are connected at their ends by two side sections with curved corners, see Fig. 4).
Response to Arguments
Applicant’s arguments with respect to 102 rejection 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 Abate in view of Lee is now relied upon rejecting claim 1).
Applicant's arguments filed 11/25/2025 have been fully considered but they are not persuasive.
In response to applicant’s argument that no teaching or suggestion in Lee to modify Abate (pages 10-13 of remarks), it is noted that the teaching relied upon in Lee is only the joined tubes 52 and 54 with bridges 46 and a motivation disclosed in paragraph 20-23 in the translation of Lee that the integral tubes may be easier to assemble compared to separate tubes. Therefore, it would have been obvious to one skilled in the art to provide bridges 46 as the intermediate section set forth in claim 1 to join separate tubes 16 of Abate to become an integral tube in order to reduce labor in assembling tubes as concluded 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.
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/F.K.L/Examiner, Art Unit 3763
/JOEL M ATTEY/Primary Examiner, Art Unit 3763