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 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.
Claim 18 is 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 pre-AIA the applicant regards as the invention.
Claim 18 recites the limitation " the battery adjacent to the at least one first heat exchange tube ". There is insufficient antecedent basis for this limitation in the claim.
The remaining claims are rejected based on their dependency from a claim that has been rejected.
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.
(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.
Claim(s) 1-7, 11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by TONG WO 2021/115461 A1.
Re claim 1, TONG teach a heat exchange device, comprising: a first heat exchange component, including two first headers (2, 3) and at least one first heat exchange tube (1), wherein the at least one first heat exchange tube is communicated with the two first headers, and a size of the at least one first heat exchange tube along a width direction of the at least one first heat exchange tube is greater than a size of the at least one first heat exchange tube along a thickness direction of the at least one first heat exchange tube (figs) ,and wherein the at least one first heat exchange tube has a plurality of channels (noting channels in between 330, 200, and 100 inner wall), and along the width direction of the at least one first heat exchange tube, the first heat exchange component at least comprises a first heat exchange region and a second heat exchange region, and a total flow area of a channel of the first heat exchange region is smaller than a total flow area of a channel of the second heat exchange region (fig 40, annotated fig).
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Re claim 2, TONG teach wherein the first heat exchange region and the second heat exchange region are disposed in a same first heat exchange tube, and wherein, along the thickness direction of the at least one first heat exchange tube, the first heat exchange region comprises a first side wall, the second heat exchange region comprises a second side wall, and a thickness of at least part of the first side (200) wall is greater than a thickness of at least part of the second side wall (330 smaller portion to right , fig 40).
Re claim 3, TONG teach wherein the first heat exchange region and the second heat exchange region are disposed in a same first heat exchange tube, and wherein, along the width direction of the at least one first heat exchange tube, a width of the channel of the first heat exchange region is smaller than a width of the channel of the second heat exchange region (fig 40 noting 200 is thicker and thus in the up and down width the channel will be shorter).
Re claim 4, TONG teach wherein along a direction from a bottom to a top of the at least one first heat exchange tube, the total flow areas of channels (annotated fig) increase.
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Re claim 5, TONG teach wherein the first heat exchange component comprises at least two first heat exchange tubes, the at least two first heat exchange tubes are disposed along a width direction of each of the at least two first heat exchange tubes, the at least two first heat exchange tubes are connected in parallel with each other (via headers), the first heat exchange region is one of the at least two first heat exchange tubes located at a bottom, and the second heat exchange region is another of the at least two first heat exchange tubes located at a top (figs).
Re claim 6, TONG teach wherein along a direction from the bottom to the top, total flow areas channels (annotated fig) of the at least two first heat exchange tubes increase (noting multiple tubes stacked).
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Re claim 7, TONG teach wherein the at least one first heat exchange tube comprises at least one first tube segment and at least one second tube segment, and the at least one first tube segment and the at least one second tube segment are disposed adjacent to each other, wherein, when the at least one first heat exchange tube comprises a plurality of first tube segments, the plurality of first tube segments are disposed at intervals along the thickness direction of the at least one first heat exchange tube, and wherein, when the at least one first heat exchange tube comprises a plurality of second tube segments, the plurality of second tube segments are disposed at intervals along a length direction of the at least one first heat exchange tube (noting each portion of 330/200 making a channel in between top and bottom of tube wall is considered a segment). It is also unclear whether or not the limitations after the phrase “when” actually occur/are required since the term “when” is a conditional phrase.
Re claim 11, TONG teach wherein the heat exchange device further comprises a second heat exchange component, the second heat exchange component is disposed below the first heat exchange component, the first heat exchange component comprises a first inlet tube and a first outlet tube, and the second heat exchange component comprises a second inlet tube and a second outlet tube; and wherein the first inlet tube and the second inlet tube are disposed on a same side of the heat exchange device, and the first outlet tube and the second outlet tube are located on another same side of the heat exchange device (noting multiple additional tubes which meet the claim limitations “a second heat exchange component”).
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.
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.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 8-10, 12-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over TONG in view of PIGGOTT US 20110240275 A1.
Re claim 8, TONG fail to teach tube details.
PIGGOTT teach wherein one end of the at least one first tube segment is communicated with a first header, and an other end of the at least one first tube segment is communicated with the at least one second tube segment adjacent to the at least one first tube segment (paras 3-5, noting it is well known for a heat exchanger to be in a loop cycle to cool an element, and fluid will repeatedly cycle through the loop and thus all parts are capable of being communicated with each other) to provide cooling for AC components or a transmission.
It would have been obvious to one of ordinary skill in the art at the time the invention was made to include tube details as taught by PIGGOTT in the TONG invention in order to advantageously allow for heat exchange capabilities in different intended use loop applications.
Re claim 9, TONG fail to teach tube details.
PIGGOTT teach wherein one end of the at least one second tube segment is communicated with a first header, and an other end of the at least one second tube segment is communicated with the at least one first tube segment adjacent to the at least one second tube segment(paras 3-5, noting it is well known for a heat exchanger to be in a loop cycle to cool an element, and fluid will repeatedly cycle through the loop and thus all parts are capable of being communicated with each other) to provide cooling for AC components or a transmission.
It would have been obvious to one of ordinary skill in the art at the time the invention was made to include tube details as taught by PIGGOTT in the TONG invention in order to advantageously allow for heat exchange capabilities in different intended use loop applications.
Re claim 10, TONG fail to teach tube details.
PIGGOTT teach wherein one end of the at least one first tube segment is communicated with a first header, and an other end of the at least one first tube segment is communicated with the at least one second tube segment adjacent to the at least one first tube segment, and one end of the at least one second tube segment is communicated with the first header, and an other end of the at least one second tube segment is communicated with the at least one first tube segment adjacent to the at least one second tube segment(paras 3-5, noting it is well known for a heat exchanger to be in a loop cycle to cool an element, and fluid will repeatedly cycle through the loop and thus all parts are capable of being communicated with each other) to provide cooling for AC components or a transmission.
It would have been obvious to one of ordinary skill in the art at the time the invention was made to include tube details as taught by PIGGOTT in the TONG invention in order to advantageously allow for heat exchange capabilities in different intended use loop applications.
Re claim 12, TONG fail to teach tube details.
PIGGOTT teach wherein the second heat exchange component comprises two second headers (34, 36) and at least one second heat exchange tube, and wherein the at least one second heat exchange tube extends along a length direction of the at least one first heat exchange tube and is communicated with the two second headers (noting multiple tubes in between wide headers and short headers, fig 6) to provide intermediate headers.
It would have been obvious to one of ordinary skill in the art at the time the invention was made to include tube details as taught by PIGGOTT in the TONG invention in order to advantageously allow for heat exchange capabilities in different intended use loop applications.
Re claim 13, TONG wherein the heat exchange device further comprises a joint (6) but fail to teach tube details.
PIGGOTT teach and an external pipeline , and wherein the joint is communicated with the external pipeline, the first inlet tube and the second inlet tube(paras 3-5, noting it is well known for a heat exchanger to be in a loop cycle to cool an element, and fluid will repeatedly cycle through the loop and thus all parts are capable of being communicated with each other) to provide cooling for AC components or a transmission.
It would have been obvious to one of ordinary skill in the art at the time the invention was made to include tube details as taught by PIGGOTT in the TONG invention in order to advantageously allow for heat exchange capabilities in different intended use loop applications.
Re claim 14, TONG teach wherein the heat exchange device further comprises a joint (6) but fail to teach tube details.
PIGGOTT teach and an external pipeline; and wherein the joint is communicated with the external pipeline, the first outlet tube and the second outlet tube (paras 3-5, noting it is well known for a heat exchanger to be in a loop cycle to cool an element, and fluid will repeatedly cycle through the loop and thus all parts are capable of being communicated with each other) to provide cooling for AC components or a transmission.
It would have been obvious to one of ordinary skill in the art at the time the invention was made to include tube details as taught by PIGGOTT in the TONG invention in order to advantageously allow for heat exchange capabilities in different intended use loop applications.
Re claim 15, TONG teach wherein the heat exchange device further comprises: a first joint (6) and a second joint (6) but fail to teach tube details.
PIGGOTT teach and a first external pipeline, the first joint being communicated with the first external pipeline, the first inlet tube and the second inlet tube; and a second external pipeline, the second joint being communicated with the second external pipeline, the first outlet tube and the second outlet tube (paras 3-5, noting it is well known for a heat exchanger to be in a loop cycle to cool an element, and fluid will repeatedly cycle through the loop and thus all parts are capable of being communicated with each other, and in the instant combination , and two external pipelines are naturally included in between a heat exchanger loop and a part to cool) to provide cooling for AC components or a transmission.
It would have been obvious to one of ordinary skill in the art at the time the invention was made to include tube details as taught by PIGGOTT in the TONG invention in order to advantageously allow for heat exchange capabilities in different intended use loop applications.
Claim(s) 16, 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN ‘455 CN 108321455 A in view of TONG .
Re claim 16, CN ‘455 teach a battery heat exchange system, comprising a battery (7); and a heat exchange device (1, 2) configured to exchange heat with the battery (fig 10),
a first heat exchange component, including two first headers and at least one first heat tube (1, 2)
and a size of the at least one first heat exchange tube along a width direction of the at least one first heat exchange tube is greater than a size of the at least one first heat exchange tube along a thickness direction of the at least one first heat exchange tube (figs), wherein the at least one first heat exchange tube has a plurality of channels (fig 2).
CN ‘455 fail to explicitly teach channel details.
TONG teach a first heat exchange component, including two first headers and at least one first heat tube
exchange tube, wherein the at least one first heat exchange tube is communicated with the two first headers, and a size of the at least one first heat exchange tube along a width direction of the at least one first heat exchange tube is greater than a size of the at least one first heat exchange tube along a thickness direction of the at least one first heat exchange tube, wherein the at least one first heat exchange tube has a plurality of channels, and along the width direction of the at least one first heat exchange tube, the first heat exchange component at least comprises a first heat exchange region and a second heat exchange region, and a total flow area of a channel of the first heat exchange region is smaller than a total flow area of a channel of the second heat exchange region (see the rejection of claim 1) to optimize flow depending on heat input characteristics of the system and to facilitate folding construction of tubes (page 1).
When combined, the instant combination teach and wherein a side portion of the battery is in contact with at least part of the at least one first heat exchange tube, at least one of the first heat exchange region and the second heat exchange region is in at least partial contact with the battery, and the first heat exchange region is closer to a lower end of the battery than the second heat exchange region (noting one side will naturally be closer to another side portion, and a lower end depends on the orientation, see fig 10 primary reference noting the bottom could be the bottom relative to figure 10 but the device could also be flipped to provide another bottom, and thus bottom is arbitrary since no relative other parts are given or claimed).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to include channel details as taught by TONG in the CN ‘455 invention in order to advantageously allow for optimal construction and heat exchanger performance.
Re claim 18, CN ‘455 teach wherein the at least one first heat exchange tube is in direct contact with the battery adjacent to the at least one first heat exchange tube or is in contact with the battery adjacent to the at least one first heat exchange tube through a thermal conductive element (fig 10).
Re claim 19, CN ‘455 teach wherein the second heat exchange tube is in direct contact with the battery or is in contact with the battery through a thermal conductive element (fig 10).
Re claim 20, CN ‘455 teach wherein the at least one first heat exchange tube is in direct contact with the battery adjacent to the at least one first heat exchange tube or is in contact with the battery adjacent to the at least one first heat exchange tube through a thermal conductive element, and wherein the second heat exchange tube is in direct contact with the battery or is in contact with the battery through another thermal conductive element.
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN ‘455 CN 108321455 A in view of TONG and NAKAMURA WO 2008102236 A1.
Re claim 17, CN ‘455 teach wherein the heat exchange device further comprises a second heat exchange component, the second heat exchange component is disposed on a side of the at least one first heat exchange tube along the width direction of the at least one first heat exchange tube, and along the width direction of the at least one first heat exchange tube, the second heat exchange component is disposed below the battery, and a bottom of the battery is in at least partial contact with the second heat exchange component (noting multiple stacked tubes with multiple battery portions and the different battery portions are considered one battery as they are capable of a single battery source, fig 10).
CN ‘455 , as modified, fail to explicitly teach sameness.
NAKAMURA teach and wherein the second heat exchange component comprises a second heat exchange tube, and along the thickness direction of the at least one first heat exchange tube, a size of the second heat exchange tube is equal to a size of the battery (fig 6) to provide a power storing case that has stacked structure.
It would have been obvious to one of ordinary skill in the art at the time the invention was made to include sameness as taught by Okada in the CN ‘455 , as modified, invention in order to advantageously allow for a more consistent heat exchange with less gradients.
Response to Arguments
Applicant's arguments filed 1/20/2026 have been fully considered but they are not persuasive.
Applicant’s arguments with respect to claim(s) 1-20 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.
Applicant argues the claims dependent on the independent claim(s) are allowable based upon their dependence from an independent claim. Examiner respectfully disagrees. The arguments with respect to claim(s) 1 and 16 have been addressed above. Thus, the rejections are proper and remain.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 6904963 B2, US 7,337,832 B2, US 8409743 B2.
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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/GORDON A JONES/Examiner, Art Unit 3763
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