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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the claimed subject matter of “the third extension extends from one side of the second support plate in a second direction orthogonal to the first direction, a normal direction of surfaces where the second extension and the third extension are in contact with each other is parallel to the second direction” in claim 2 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. Since the second and third extension extends from one side of the second support in X direction, ( paragraph 275, figure 5), a direction of surface where the second extension and the third extension would contain X and Z direction (shown in figure 5). Therefore, the normal direction of the surface must be Y direction. However, applicant does not disclose that Y and X direction are not parallel to each other. (applicant claims that the normal direction and the X direction are parallel).
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 2 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. The claimed subject matter of “the second direction extends from one side of the first support plate in a second direction orthogonal to the first direction, the third extension extends from one side of the second support plate in the second direction, and a normal direction of surfaces where the second extension and the third extension are in contact with each other is parallel to the second direction” renders the scope of the claim indefinite since the surface where the second extension and the third extension are in contact with each other, should contain the second direction, it is not clear how a normal direction (perpendicular to the surface including the second direction) can be parallel to the same second direction.
Claim 2 is further rejected as can be best understood by the examiner, in which the second direction is X direction, and the normal direction to the surface is Y direction as shown in figure 5, X and Y are not parallel.
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 1-2, 7 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shinnaga et al. (JP 11270994A). Regarding claim 1, Shinnaga et al. discloses (figures 1 and 4-5) an outdoor unit of an air conditioner comprising a plurality of first refrigerant tubes (7) arranged along a first column extending in a first direction; a plurality of second refrigerant tubes (8) arranged along a second column parallel to the first column, a first holder (1) comprising a first support plate (3) supporting the plurality of first refrigerant tubes (7), a first extension extending from one side of the first support plate (see figure A), and a second extension extending from another side of the first support plate (see figure A) ; and a second holder (2) comprising a second support plate (4) supporting the plurality of second refrigerant tubes (8), a third extension extending from one side of the second support plate, and a fourth extension extending from another side of the second support plate (see figure A), wherein the second extension is disposed between the first extension and the second holder; the third extension is disposed between the fourth extension and the first holder; and the second extension and the third extension are in contact with and coupled to each other (see figure A). Regarding claim 2, Shinnaga et al. discloses (figure A) that the second extension extends from one side of the first support plate (3) in a second direction orthogonal to the first direction, the third extension extends from one side of the second support plate in the second direction, and normal direction of surfaces where the second extension and the third extension are in contact with each other is parallel to the second direction. Regarding claim 7, Shinnaga et al. discloses the first extension and the third extension have shapes corresponding to each other, and the second extension and the fourth extension have shapes corresponding to each other.
Regarding claim 20, Shinnaga et al. discloses an outdoor unit of an air conditioner comprising a first heat exchange unit comprising a plurality of first refrigerant tubes (7) arranged along a first column extending a first direction and a plurality of first heat exchange fins (9) in contact with the plurality of first refrigerant tubes (7); a second heat exchange unit comprising a plurality of second refrigerant tubes (8) arranged along a second column parallel to the first column and a plurality of second heat exchange fin (9) in contact with the plurality of second refrigerant tubes (8); a first holder (1) supporting one side of the first heat exchange unit; and a second holder (2) supporting one side of the second heat exchange unit, wherein the first holder (1) comprises a first support plate (3) penetrated by the first refrigerant tubes (7); and a first coupling portion extending from one end adjacent to the second holder among both ends of the first support plate in a second direction orthogonal to the first direction, wherein the second holder (2) comprises a second support plate (4) penetrated by the second refrigerant tubes (8); and a second coupling portion extending from end adjacent to the first holder among both end of the second support plate in the second direction, and being in contact with the first coupling portion and coupled to the first coupling portion. (See figure A).
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Figure A: the modified figure corresponds to figure 5 of Shinnaga 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.
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.
Claims 8-9 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Shinnaga et al. (JP 11270994A) in view of Heo et al. (WO 2014204038A1). Shinnaga et al. substantially discloses all of applicant’s claimed invention as discussed above except for the limitation that the outdoor unit comprises a plurality of third refrigerant tube , a third holder, the third holder includes a third support plate, fifth and sixth extension, the fourth and fifth extension are in contact and coupled to each other, and the all the extensions have shaped corresponding to each other. Heo et al. discloses an outdoor unit that has a multiple of tubes and holder. In particular, Heo et al. discloses (figures 3 and 6) three set of refrigerant tubes (20) arranged in parallel to one another, the unit also comprises three holders (100, see figure 6) to support the three set of refrigerant tubes respectively, wherein the second holder (middle holder) is disposed between the first holder and the third holder (see figure 6). Heo et al further discloses that the three holders (100) are similar in shape (figure 6), which includes three support plates with openings to support tubes (20, see figure 3), first, second, third, fourth, fifth and sixth extension, wherein the first and second extension extend from two opposite sides of the first support plate, third, and fourth extension extend from two opposite side of the second support plate and fifth and sixth extension extend from two opposite side of the third support plate. Heo et al further discloses (figure 6) that two adjacent extension of two adjacent holders are in contact and coupled to each other for a purpose of forming a complex heat exchanger unit that has three tanks for a purpose of increasing the heat exchange capacity of the outdoor heat exchanger unit since three set of refrigerant tubes has a larger heat exchange capacity than two sets. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to use Heo et al’ s teaching in Shinnaga’s device for a purpose of increasing the heat exchange capacity of the outdoor heat exchanger unit.
Allowable Subject Matter
Claims 16-19 are allowed.
Claims 3-6 and 10-14 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: the prior art of record either taken singularly or in combination fail to disclose the invention as claimed. In particular, reference to Shinnaga et al is the closest prior art but fail to disclose that the first extension comprises a holder opening, and the fastening hole is disposed on one side of the holder opening in a direction in which the fastener is configured to penetrate the fastening hole. .
The following is an examiner’s statement of reasons for allowance: the prior art of record either taken singularly or in combination fail to disclose the invention as claimed. In particular, reference to Shinnaga et al is the closest prior art but fail to disclose the first and second support plate in contact with the heat exchanger fin and the fins are penetrated by the refrigerant tubes, in combination with other limitations in the claims.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
.Jin et al. (US 20150107286A1) discloses a heat pump.
Martins et al. (EP 1128149A1) discloses a heat exchange module.
Sugimoto et al. (JPH 10306994A) discloses a heat exchanger for vehicle.
Choi (US 10,415,886) discloses a heat exchanger fixing structure of air conditioner.
Shiborino et al. (US 20130037239A1) discloses a heat exchange device.
Frasca et al. (WO 2004102103A2) discloses a heat exchanger.
Igami Takashi (JP 2002257495) discloses a connecting structure for a plurality of exchanger.
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Atkisson Jianying can be reached at 571-270-7740. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THO V DUONG/ Primary Examiner, Art Unit 3763
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