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
Claims objected to because of the following informalities: Claims 10-16 are objected to for the use of different preambles. All these claims appear to depend from claim 9, but eh use of different preambles makes it appear as if the claims may be trying to actually have only partial dependence form claim 9 (only including specific elements instead of the entire claim). These claims should properly all read: “A multi-pass microchannel heat exchanger of claim 9,”Appropriate correction is required.
For example claim 10 should properly be “A multi-pass microchannel heat exchanger of claim 9, wherein the HVAC system further comprises a non-conductive material located in the gap”.
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 1-20 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.
The limitation of “wherein the header separation is of a distance sufficient to reduce a cross heat transfer between the first and third headers” in claims 1, 9, and 17 are relative term limitation which renders the claim indefinite. The term “reduce a cross heat transfer” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. One skilled in the art would not know based on the claim where this measured form as a baseline, it is not clear if it is requiring a certain amount of heat transfer reduction or distance, and it is not clear what it is reduced from – from contact transfer or from an unknown base distance or amount. The claim will be examined as any reduction over distance reads on the limitations.
Claims 2-8, 10-16, and 18-20 are rejected for dependence form one or more of the above rejected claims.
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.
Claims 1, 2, 5, 6, 8-10, 13, 14 and 16-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Michael (US2013/0075069).
In regards to claim 1, Michael discloses
A heating, ventilation, and air-conditioning ("HVAC") system for use with a refrigerant, the HVAC system comprising a multi-pass microchannel heat exchanger (Fig.1 and Abstract) operable as at least one of condenser or an evaporator (paragraph 26), the heat exchanger comprising:
a first header (16) at an end of the heat exchanger;
a second header (18) at an opposite end of the heat exchanger;
a third header (20) at the same end as the first header;
a first section of microchannel tubes (14a) fluidly connecting the first and second headers in a first pass for flowing the refrigerant from the first header to the second header; and
a second section of microchannel tubes (14b) fluidly connecting the second and third headers in a second pass for flowing the refrigerant from the second header to the third header, wherein the first and third headers are arranged with a header separation (46) between the first and third headers such that portions of the first and third headers that contain the refrigerant are not in direct contact (Fig.1), where the header separation is of a distance sufficient to reduce a cross heat transfer between the first and third headers (this is inherent in the distance taught, the limitation requires no specific reduction in heat transfer or specific difference, any distance inherently reduces the heat transfer – this is the inverse square law – “the intensity of radiation from the source reduces with the square of the distance from the source” see web page https://thermtest.com/examples-of-radiation-heat-transfer).
In regards to claim 2, Michael discloses that the header separation comprises a gap such that the first and third headers are not directly physically connected (Fig.1).
In regards to claim 5, Michael discloses that the first section and the second section are spaced apart by a section separation (Fig.1).
In regards to claim 6, Michael discloses that the section separation comprises a gap (Fig.1).
In regards to claim 8, Michael discloses that the section separation comprises one or more sections of one or more dead microchannel tubes (40).
In regards to claim 9, Michael discloses
A multi-pass microchannel heat exchanger (Fig.1 and Abstract) for a heating, ventilation, and air- conditioning ("HVAC") system for use with a refrigerant and operable as at least one of a condenser or an evaporator (paragraph 26), the heat exchanger comprising:
a first header (16) at an end of the heat exchanger;
a second header (18) at an opposite end of the heat exchanger;
a third header (20) at the same end as the first header;
a first section of microchannel tubes (14a) fluidly connecting the first and second headers in a first pass for flowing the refrigerant from the first header to the second header; and
a second section of microchannel tubes (14b) fluidly connecting the second and third headers in a second pass for flowing the refrigerant from the second header to the third header, wherein the first and third headers are arranged with a first separation (46) between the first and third headers such that portions of the first and third headers that contain the refrigerant are not in direct contact (Fig.1), where the header separation is of a distance sufficient to reduce a cross heat transfer between the first and third headers (this is inherent in the distance taught, the limitation requires no specific reduction in heat transfer or specific difference, any distance inherently reduces the heat transfer – this is the inverse square law – “the intensity of radiation from the source reduces with the square of the distance from the source” see web page https://thermtest.com/examples-of-radiation-heat-transfer).
.
In regards to claim 10, Michael discloses that the header separation comprises a gap such that the first and third headers are not directly physically connected (Fig.1).
In regards to claim 13, Michael discloses that the first section and the second section are spaced apart by a section separation (Fig.1).
In regards to claim 14, Michael discloses that the section separation comprises a gap (Fig.1).
In regards to claim 16, Michael discloses that the section separation comprises one or more sections of one or more dead microchannel tubes (40).
In regards to claim 17, Michael discloses
A method of operating a heating, ventilation, and air-conditioning ("HVAC") system, comprising:
flowing a refrigerant through a multi-pass microchannel heat exchanger (Fig.1 and Abstract) to either condense or expand the refrigerant (paragraph 26), wherein flowing the refrigerant through the heat exchanger comprises:
flowing the refrigerant to a first header (16) at an end of the heat exchanger;
flowing the refrigerant from the first header to a second header (18) at an opposite end of the heat exchanger through a first section of microchannel tubes (14a) in a first pass;
flowing the refrigerant from the second header to a third header (20) at the same end as the first header through a second section of microchannel tubes (14b) in a second pass; and
reducing heat transfer between the refrigerant in the first header and the refrigerant in the third header by arranging a header separation (46) between the first and third headers such that portions of the first and third headers that contain the refrigerant are not in direct contact (Fig.1), where the header separation is of a distance sufficient to reduce a cross heat transfer between the first and third headers (this is inherent in the distance taught, the limitation requires no specific reduction in heat transfer or specific difference, any distance inherently reduces the heat transfer – this is the inverse square law – “the intensity of radiation from the source reduces with the square of the distance from the source” see web page https://thermtest.com/examples-of-radiation-heat-transfer).
In regards to claim 18, Michael discloses that the header separation comprises at least one of a gap such that the first and third headers are not directly physically connected (Fig.1) or a chamber formed between connected first and third headers.
In regards to claim 19, Michael discloses reducing heat transfer between the refrigerant in the first section and the refrigerant in the second section by arranging a section separation between the first and second sections (Fig.1).
In regards to claim 20, Michael discloses that the section separation comprises at least one of a gap or one or more sections of one or more dead microchannel tubes (40).
Claims 1-7 and 9-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hamamoto et al. (JP2004218983A, herein Hamamoto).
In regards to claim 1, Hamamoto discloses
A heating, ventilation, and air-conditioning ("HVAC") system for use with a refrigerant, the HVAC system comprising a multi-pass microchannel heat exchanger (Figs.1-4 and paragraph 2) operable as at least one of condenser or an evaporator (paragraph 2), the heat exchanger comprising:
a first header (header 2 until partition 11) at an end of the heat exchanger;
a second header (3) at an opposite end of the heat exchanger;
a third header (header 2 from partition 12 to the bottom) at the same end as the first header;
a first section of microchannel tubes (upper section of tubes 4) fluidly connecting the first and second headers in a first pass for flowing the refrigerant from the first header to the second header; and
a second section of microchannel tubes (lower section of tubes 4) fluidly connecting the second and third headers in a second pass for flowing the refrigerant from the second header to the third header, wherein the first and third headers are arranged with a header separation (10 and 15) between the first and third headers such that portions of the first and third headers that contain the refrigerant are not in direct contact (Fig.3), where the header separation is of a distance sufficient to reduce a cross heat transfer between the first and third headers (this is inherent in the distance taught, the limitation requires no specific reduction in heat transfer or specific difference, any distance inherently reduces the heat transfer – this is the inverse square law – “the intensity of radiation from the source reduces with the square of the distance from the source” see web page https://thermtest.com/examples-of-radiation-heat-transfer).
In regards to claim 2, Hamamoto discloses that the header separation comprises a gap such that the first and third headers are not directly physically connected (Fig.3, gap created by partition member 10 and between adjacent tubes 4 between the first and second sections).
In regards to claim 3, Hamamoto discloses a non-conductive material (heat insulating member 15) located in the gap.
In regards to claim 4, Hamamoto discloses that the header separation comprises a chamber formed between connected first and third headers (within partition member 10).
In regards to claim 5, Hamamoto discloses that the first section and the second section are spaced apart by a section separation (Fig.3, between the tubes 4 of each section).
In regards to claim 6, Hamamoto discloses that the section separation comprises a gap (Fig.3, filled in by heat insulating member 15).
In regards to claim 7, Hamamoto discloses a non-conductive material (15) located in the gap.
In regards to claim 9, Hamamoto discloses
A multi-pass microchannel heat exchanger (Figs.1-4 and paragraph 2) for a heating, ventilation, and air- conditioning ("HVAC") system for use with a refrigerant and operable as at least one of a condenser or an evaporator (paragraph 2), the heat exchanger comprising:
a first header (header 2 until partition 11) at an end of the heat exchanger;
a second header (3) at an opposite end of the heat exchanger;
a third header (header 2 from partition 12 to the bottom) at the same end as the first header;
a first section of microchannel tubes (upper section of tubes 4) fluidly connecting the first and second headers in a first pass for flowing the refrigerant from the first header to the second header; and
a second section of microchannel tubes (lower section of tubes 4) fluidly connecting the second and third headers in a second pass for flowing the refrigerant from the second header to the third header, wherein the first and third headers are arranged with a header separation (10 and 15) between the first and third headers such that portions of the first and third headers that contain the refrigerant are not in direct contact (Fig.3), where the header separation is of a distance sufficient to reduce a cross heat transfer between the first and third headers (this is inherent in the distance taught, the limitation requires no specific reduction in heat transfer or specific difference, any distance inherently reduces the heat transfer – this is the inverse square law – “the intensity of radiation from the source reduces with the square of the distance from the source” see web page https://thermtest.com/examples-of-radiation-heat-transfer).
In regards to claim 10, Hamamoto discloses that the header separation comprises a gap such that the first and third headers are not directly physically connected (Fig.3, gap created by partition member 10 and between adjacent tubes 4 between the first and second sections).
In regards to claim 11, Hamamoto discloses a non-conductive material (heat insulating member 15) located in the gap.
In regards to claim 12, Hamamoto discloses that the header separation comprises a chamber formed between connected first and third headers (within partition member 10).
In regards to claim 13, Hamamoto discloses that the first section and the second section are spaced apart by a section separation (Fig.3, between the tubes 4 of each section).
In regards to claim 14, Hamamoto discloses that the section separation comprises a gap (Fig.3, filled in by heat insulating member 15).
In regards to claim 15, Hamamoto discloses a non-conductive material (15) located in the gap (Fig.1).
Response to Arguments
Applicant's arguments filed 7/29/25 have been fully considered but they are not persuasive. Specific arguments are responded to below.
In response to applicant's argument that Micheal fails to mention a reduction of heat transfer due to the separation, the fact that the inventor has recognized another advantage which would flow naturally from following the suggestion of the prior art cannot be the basis for patentability when the differences would otherwise be obvious. See Ex parte Obiaya, 227 USPQ 58, 60 (Bd. Pat. App. & Inter. 1985).
In response to applicant's argument that Hamamoto fails to mention a reduction of heat transfer due to the separation, the fact that the inventor has recognized another advantage which would flow naturally from following the suggestion of the prior art cannot be the basis for patentability when the differences would otherwise be obvious. See Ex parte Obiaya, 227 USPQ 58, 60 (Bd. Pat. App. & Inter. 1985).
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 JOEL M ATTEY whose telephone number is (571)272-7936. The examiner can normally be reached Monday-Friday 9:30AM-5:30PM EST.
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/JOEL M ATTEY/Primary Examiner, Art Unit 3763
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