DETAILED ACTION
Election/Restrictions
Claims 1-5 and 14 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention. Election was made without traverse in the reply filed on 10/8/25.
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) 13, 15-18, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over FR 3125636 (‘636) in view of JP 61191889 (‘889).
Regarding claim 13, ‘636 teaches a manifold suitable for connecting to a heat exchange tube wherein: the heat exchange tube comprises first and second conduits (21, 22) of flat configuration according to their cross-sections (Fig. 8); wherein the conduits are arranged adjacent and mechanically joined by an intermediate section (48) to form a flat tube (Fig. 8) longitudinally extending along a trajectory from first to second ends (12; see Fig. 4); at least one end of the tube is configured to be attached to a manifold (10, 11) which exchanges fluid with the first and second conduits (C1, C2);
the manifold comprises first and second chambers (26) with first and second openings (see Fig. 7, the portions of each chamber into which the tube is inserted) configured to embrace the first and second conduits of the tube (Fig. 7) attached around the perimeter of the end of the conduit (see Fig. 7) and each chamber is in communication with a separate feed/return line (18a, 18b);
the first and second chamber are fluidly incommunicable with each other (see feature 46: “a central wall 46 which delimits and separates the collection chambers 26 from each other”), a main body of the manifold is configured in metal (e.g. aluminum) from first and second parts (10, 11) with each part forming first and second openings (openings formed by 42 which in conjunction with the adjacent part create spaces 26 into which the tubes are inserted for brazing), the inner surfaces of which are in contact with the perimeter areas of the ends of the first and second conduits; between the first and second chambers of the manifold is a section (46) where the first and second parts are joined by a section free of chambers or expansions.
It is noted that the recitation of stamping sheet are product-by-process limitations and, as the device of ‘636 is indistinguishable from one formed in such a manner, ‘636 is treated as meeting this limitation.
‘636 does not teach that the intermediate section of the tube has its end recessed with respect to the first and second conduits.
‘889 teaches that it is old and well-known to form tubes with two flat conduits (7, 7’) having an intermediate section (8) which is recessed from the ends of the conduits (Fig. 3) leaving each conduit with a perimeter area separated from the end of the intermediate section and configured for attachment to the manifolds (3, 4).
It would have been obvious to one of ordinary skill to provide the device of ‘636 with the recessed intermediate section, as taught by ‘889, in order to allow for a greater connection surface for each conduit ensuring a more secure and leak-proof seal.
In combination, the perimeter of the first conduit and the perimeter of the second conduit are each attached around their entirety to an inner surface area of the first and second openings of the manifold, respectively.
Regarding claim 15, ‘636 teaches that the perimeter of the tube is continuous along a perimeter path (i.e. the perimeter is continuous without gaps at least in its central section; see Fig. 3).
Regarding claim 16, ‘636 teaches a wavy trajectory (see Fig. 5).
Regarding claim 17, each conduit comprises a plurality of channels (8; see Fig. 8).
Regarding claim 18, in ‘889, each conduit end (7, 7’) comprises two parallel flat surfaces (top/bottom; see Fig. 3) connected at their ends by two curved sections (Fig. 3).
Regarding claim 20, the first and second parts (11) may be joined by tabs emerging from one and bent toward the other (40).
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over ‘636 in view of ’889 and Bryant (US 2021/0302079).
Regarding claim 19, ‘636 teaches that the first and second parts (11) are made of aluminum and joined by partial melting in a furnace (brazing) but does not specify cladding as opposed to flux.
Bryant teaches that it is old and well-known to form such brazed aluminum joints using clad aluminum (Para. [0052]).
It would have been obvious to form the device of ‘636, as modified, from clad aluminum, as taught by Bryant, in order to remove the manufacturing step of applying brazing and the inherent imprecisions associated therewith.
Response to Arguments
Applicant's arguments filed 6/25/26 have been fully considered but they are not persuasive.
Applicant’s assertions regarding the features disclosed by the art on page 7 is addressed thoroughly above by citing to each of the features.
Applicant’s assertions spanning pages 7 and 8 to not amount to arguments in accordance with 37 CFR 1.111(b).
Applicant’s assertions regarding “incompatibility” between the two references simply states that they cannot be combined because they would require “complete reconfiguration”. No detail is provided about what this reconfiguration is expected to be or why it would be outside the ordinary skill. It appears to amount to a bald statement that any reconfiguration under 103 would be impermissible.
This is not the case. Recessing the central web (48) of ‘636, as taught by the secondary reference, would simply allow for the two tubes to enter the chambers 26 more deeply. These are minor reconfigurations that are within the ordinary skill.
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 Devon Lane whose telephone number is (571)270-1858. The examiner can normally be reached M-Th, 9-4.
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/DEVON LANE/ Primary Examiner, Art Unit 3763
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