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 .
Election/Restriction
Applicant’s election of the first species or the embodiment of Figures 1 through 3 (i.e., readable on claims 1, 2, and 15) in the reply filed on May 12, 2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 3 through 14 and 16 through 20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to the non-elected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on May 12, 2026.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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 following features must be shown or the features canceled from the claims: a plurality of fourth distribution openings as recited in base claim 1 (and in all claims depending therefrom); a second side wall as recited in claim 15; a plurality of third flow distribution openings as recited in base claim 1 (and all claims depending therefrom). No new matter should be entered.
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.
Claims 1, 2, and 15 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 “the heat exchange units“ in the limitation “each of the heat exchange units” [claim 1, line 13] lacks proper antecedent basis. If the former is intended to refer to the heat exchange units of the plurality of heat exchange units, then applicant should replace “each of the heat exchange units” with “each heat exchanger unit of the plurality of heat exchange units” for improved clarity.
The limitations “the first flow distribution openings“, “the third flow distribution openings”, “the second flow distribution openings”, and “the fourth flow distribution openings” (plural occurrences in claims 2, 5, and 15) lack proper antecedent basis in that there would only be proper antecedent basis in the claims for the limitations “the plurality of first flow distribution openings”, “the plurality of third flow distribution openings”, “the plurality of second flow distribution openings”, and “the plurality of fourth flow distribution openings”. Otherwise, as written, it is not clear to whether each of the former limitations is intended to refer back to all of the corresponding plurality of previously recited flow distribution openings or only to some of the previously recited plurality, and if the latter, then it is further not clear to which ones of the previously recited plurality.
With regard to claim 15 as written, it is not entirely clear which particular orientations of the respective first side wall and of the second side wall are intended to be encompassed by the term “disposed toward” a respective collector, thus further rendering indefinite the metes and bounds of protection sought by the claim.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed 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 CN 21114737 (made of record via IDS).
With regard to claim 1 of the instant application, CN 21114737 discloses a heat exchanger (Figures 1 through 6) comprising: a first flow collector 2, a second flow collector 3, and a heat exchange core between the first flow collector 2 and the second flow collector 3, wherein the first flow collector 2 comprises a first chamber 21 and a second chamber 22, the first chamber 21 is thermally coupled with the second chamber 22, the first chamber 21 is provided with a plurality of first flow distribution openings 210, and the second chamber 22 is provided with a plurality of second flow distribution openings 220; the second flow collector 3 comprises a third chamber 21 and a fourth chamber 22, the third chamber 21 is thermally disposed in parallel along a first direction (Figures 4, 5), the plurality of heat exchange units 1 are disposed between the first flow collector 2 and the second flow collector 3, each of the heat exchange units 1 comprises one or more fins (see claim 9) and one or more flow guiding members 101/102, the one or more flow guiding members 101/102 form one or more first flow channels and one or more second flow channels (Figure 3), one end of the one or more first flow channels is connected to the first flow distribution openings 210, another end of the one or more first flow channels is connected to the third flow distribution openings 210, one end of the one or more second flow channels is connected to the second flow distribution openings 220, another end of the one or more second flow channels is connected to the fourth flow distribution openings 220, and an air intake side and an air exhaust side of the fins are disposed opposite to each other along a second direction (Figures 4 and 5); and the first direction and the second direction are provided at an included angle (inherent, regardless of the actual directions/orientations).
With regard to claim 2 of the instant application, CN 21114737 discloses the heat exchanger according to claim 1, wherein the one end that is of the one or more first flow channels and that is connected to the first flow distribution openings 210 is a liquid inlet port, and the other end that is of the one or more first flow channels and that is connected to the third flow distribution openings 210 is a liquid outlet port; and the other end that is of the one or more second flow channels and that is connected to the fourth flow distribution openings 220 is a liquid inlet port, and the one end that is of the one or more second flow channels and that is connected to the second flow distribution openings 220 is a liquid outlet port.
The reference thus reads on the claims.
Allowable Subject Matter
As best can be understood in view of the indefiniteness of the claims, claim 15 would be allowable if rewritten without patentably significant broadening to overcome the rejections under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include 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 claims does not disclose nor reasonably suggest, in combination, a heat exchanger including all of the elements of the inventive heat exchanger as set forth in base claim 1 of the instant application and further including the additional structural interrelationships between the various elements as recited in claim 15 of the instant application.
Conclusion
The additional related and/or prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LJILJANA V CIRIC whose telephone number is (571)272-4909. The examiner can normally be reached Monday-Saturday, flexible.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Len Tran can be reached at 571-272-1184. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Ljiljana V. Ciric/Primary Examiner, Art Unit 3763
LJILJANA (Lil) V. CIRIC
Primary Examiner
Art Unit 3763
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