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 .
Applicant’s amendment filed 12/5/2025 is acknowledged. Claims 1-6 are pending. Claims 3-4 and 6 remain withdrawn from further consideration.
Response to Arguments
Applicant’s arguments with respect to claims 1,2 and 5 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. The amended claims 1,2 and 5 are now rejected under a new interpretation in which fin portions are interpreted as the fin portions that shifted to the right as shown in figure B, see rejection below.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 and 2 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kaymiya et al. (US 5,307,870A). Regarding claim 1, Kaymiya discloses (figures 9-10 and figure B shown below) a heat exchanger comprising an inner fin (46) having heat transference and disposed in a flat passage (22), wherein the inner fin (46) is formed by a plurality of fin portions having a convex shape formed by a top surface portion and a side surface portion and having a hollow inside the convex shape (see figure A); when a direction in which the plurality of fin portions are formed and lined to be continuous via a coupling portion is defined as a first direction and a direction in which slits are formed between the plurality of fins portions and lined is defined as a second direction, the plurality of fin portions are arranged at a predetermined interval in the second direction (theta shown in figure 10); a predetermined fin interval is provided between the fin portions and the slit is formed in an end portion of the predetermined fin interval (see figure B); and the inner fin is arranged such that the first direction and the second direction respectively forms an acute angle (theta or 90-theta, see figures 9,10, column 6, lines 65-68 and column 7, lines 2-10) with respect to a flow of a refrigerant flowing in the flat passage. Regarding claim 2, Kaymiya further discloses (figure 10 or figure A) that in the plurality of fin portion, when a diameter of a largest circle entering the hollow is defined as a first diameter, and a diameter of a largest circle entering a coupling portion connecting the respective side surface portions of the adjacent fin portion is defined as a second diameter, the second diameter has a size greater than or equal to the first diameter. (see figure 10, width of the coupling portion and hollow are the same, basing on the geometrical relationship).
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Figure A: the modified figure corresponds to figure 10 with limitation shown.
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Figure B: the modified figure corresponds to figure 9 with limitations shown.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Mizuno et al. (US 9,818,673B2) in view of Kaymiya (US 5,307,870A). Mizuno discloses (figures 3 and 6) a power conversion device comprising a heat exchanger (2) comprising an inner fin (29) having heat transference and disposed in a flat passage, wherein the inner fin (29) is formed by a plurality of fin portions having a convex shape formed by a top surface portion and a side surface portion and having a hollow inside the convex shape (see figure 9). Mizuno does not disclose that when a direction in which the plurality of fin portions are formed and lined to be continuous via a coupling portion is defined as a first direction and a direction in which slits are formed between the plurality of fins portions and lined is defined as a second direction, the plurality of fin portions are arranged at a predetermined interval in the second direction and the inner fin is arranged such that the first direction and the second direction respectively forms an acute angle with respect to a flow of a refrigerant flowing in the flat passage. Kaymiya discloses (figures 9-10) a heat exchanger comprising an inner fin (46) having heat transference and disposed in a flat passage (22), wherein the inner fin (46) is formed by a plurality of fin portions having a convex shape formed by a top surface portion and a side surface portion and having a hollow inside the convex shape (see figure A); when a direction in which the plurality of fin portions are formed and lined to be continuous via a coupling portion is defined as a first direction and a direction in which slits are formed between the plurality of fins portions and lined is defined as a second direction, the plurality of fin portions are arranged at a predetermined interval in the second direction (theta shown in figure 10); and the inner fin is arranged such that the first direction and the second direction respectively forms an acute angle (theta or 90-theta, see figures 9 and 10, column 7, lines 2-10) with respect to a flow of a refrigerant flowing in the flat passage for a purpose of obtaining the disturbance effect of the refrigerant flowing in the tube to enhance the heat transfer rate of the heat exchanger. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to use Kaymiya’s teaching in Mizuno’s device for a purpose of obtaining the disturbance effect of the refrigerant flowing in the tube to enhance the heat transfer rate of the heat exchanger.
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 THO V DUONG whose telephone number is (571)272-4793. The examiner can normally be reached Monday through Friday 10-6PM.
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/THO V DUONG/Primary Examiner, Art Unit 3763
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