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 § 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 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 of this title, 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 1, 3, 5, 11 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Zhou et al. (US PG Pub. 2016/0209091A1) in view of Beamer et al. (US PG Pub. 2008/0023183A1), hereinafter referred to as Zhou and Beamer, respectively.
Regarding Claim 1, Zhou discloses a distributor comprising:
an outer wall portion (outer wall of the header (200) containing the distributing component (100)) having a cylindrical shape, being an outermost surface of the distributor (shown in figure 3) and extending in a transverse direction (shown in figure 3);
a pair of end faces (shown in figure 5, being the end faces of the partitions (5) that bound the interior of the header containing the distributing component (100)) that define both ends in the transverse direction of a hollow portion defined inside the outer wall portion (shown in figures 3 and 5, being the hollow portion of the header containing the distributing component (100)); and
a plurality of cylindrical portions (shown in figure 3, being the portions of the distributor surrounding the distributing channels (21)) provided in an outer portion (shown in figure 3), wherein
each of the plurality of cylindrical portions extends in the transverse direction (shown in figure 5) such that both ends in the transverse direction of the plurality of cylindrical portions are connected to the pair of respective end faces (shown in figure 5, wherein the ends of the distributing component (100) are attached to the partitions (5)),
each of the plurality of cylindrical portions has a flow passage having a circular cross-section (21) inside the cylindrical portion (shown in figure 3),
the cylindrical portions of the plurality of cylindrical portions are provided parallel to each other (shown in figures 3-4),
the outer wall portion has a plurality of connecting ports formed in an upper or lower part of the outer wall portion and spaced apart from each other in the transverse direction (shown in figure 18, being the connecting ports for the tubes (300)), and
each of the plurality of cylindrical portions has a plurality of orifices (3) provided in the cylindrical portion and spaced apart from each other in the transverse direction (shown in figure 4). Zhou fails to disclose a plurality of cylindrical portions provided in the outer wall portion, wherein the outer wall portion being an outermost surface of the distributor.
Beamer, also drawn to a heat exchanger having a distributor, teaches a cylindrical (“the cross-section of the outer wall 56 is generally illustrated as being circular, it can be readily appreciated that the outer wall 56 can be a variety of shapes” ¶39) portion (56, shown in figure 5) provided in the outer wall portion, wherein the outer wall portion being an outermost surface of the distributor (shown in figure 5, wherein the outer wall (56) that distributes working fluid is formed on the outer surface of the header). It is noted that Zhou teaches the plurality of cylindrical portions and Beamer teaches it is old and well known to place a cylindrical portion in an outer wall portion.
The rationale to support a conclusion that the claim would have been obvious is that the substitution of one known element for another yields predictable results to one of ordinary skill in the art. If any of these findings cannot be made, then this rationale cannot be used to support a conclusion that the claim would have been obvious to one of ordinary skill in the art.
Per MPEP 2143-I, a simple substitution of one known element for another, with a reasonable expectation of success supports a conclusion of obviousness. In the instant case, the simple substitution is related to substituting a plurality of cylindrical portions provided in the inside of the outer wall portion with a plurality of cylindrical portions provided in the outer wall portion; further the prior art to Beamer teaches that having a cylindrical portion in the outer wall portion is known for delivering working fluid to a plurality of tubes of a heat exchanger. Therefore, since modifying the prior art to Zhou with having a plurality of cylindrical portions provided in the outer wall portion, can easily be made without any change in the operation of the heat exchanger device; and in view of the teachings of the prior art to Beamer there will be reasonable expectations of success, it would have been obvious to have modified the invention of Zhou by having cylindrical portions provided in the outer wall portion in order to deliver the working fluid within the heat exchanger. Further, as evidenced by Beamer, having a cylindrical portion in the outer wall portion is equivalent to having a cylindrical portion within the outer wall portion. Therefore, because these two cylindrical portion configurations for delivering working fluid were art recognized equivalents at the time the invention was made, one of ordinary skill in the art would have found it obvious to substitute a plurality of cylindrical portions provided in the outer wall portion for plurality of cylindrical portions provided inside of the outer wall portion.
Regarding Claim 3, Zhou further discloses each of the plurality of orifices (3) is provided at a position other than a position immediately below or immediately above a center of the flow passage in a cross-section of a corresponding one of the plurality of cylindrical portions perpendicular to the transverse direction (shown in figure 3, wherein the distributing holes (3) are provided at angle relative to the vertical direction).
Regarding Claim 5, Zhou further discloses the plurality of orifices of the plurality of cylindrical portions adjacent to each other are provided to face each other (shown in figure 4).
Regarding Claim 11, Zhou further discloses the number of the plurality of orifices provided in one of the plurality of cylindrical portions (shown in figure 5 as being 8) is smaller than or equal to the number of the plurality of connecting ports provided in the outer wall portion (shown in figure 18 as being 31).
Regarding Claim 17, a modified Zhou further teaches the plurality of cylindrical portions is provided (i) in the outer wall portion (shown in figure 5 of Beamer, wherein the outer wall (56) that distributes working fluid is formed on the outer surface of the header). It is noted that Zhou teaches the plurality of cylindrical portions and Beamer teaches it is old and well known to place a cylindrical portion in an outer wall portion.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Zhou et al. (US PG Pub. 2016/0209091A1) in view of Beamer et al. (US PG Pub. 2008/0023183A1) as applied in Claims 1, 3, 5, 11 and 17 above and in further view of Saito et al. (US PG Pub. 2020/0088451A1), hereinafter referred to as Saito.
Regarding Claim 7, although a modified Zhou teaches the outer wall portion containing the distributing component, and each of the plurality of orifices (3) is provided further inward than a position immediately below the center of the flow passage in a corresponding one of the plurality of cylindrical portions (shown in annotated figure 3, wherein the orifices (3) are situated more inward relative to the center of the flow passage), Zhou fails to disclose the outer wall portion has a bent portion.
Saito, also drawn to a heat exchanger having a distributor, teaches the outer wall portion (outer wall of the headers (22, 24)) has a bent portion (shown in figure 1), and each of the plurality of orifices (58) is provided further inward in the bent portion than a position immediately below the center of the flow passage in a corresponding one of the plurality of cylindrical portions (“the angle of the at least one opening of the plurality of openings relative to the plurality of heat exchange tubes is between about 60 degrees and about 120 degrees”, ¶7, see also figure 4).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide Zhou with a bent portion, as taught by Saito, the motivation being to configure the heat exchanger to be installed in a predetermined area or to form L or U shaped coils commonly found in residential air conditioners.
Claims 1, 3, 5, 11 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Zhou et al. (US PG Pub. 2016/0209091A1) in view of Wang et al. (US PG Pub. 2016/0201990A1), hereinafter referred to as Zhou and Wang, respectively.
Regarding Claim 1, Zhou discloses a distributor comprising:
an outer wall portion (outer wall of the header (200) containing the distributing component (100)) having a cylindrical shape, being an outermost surface of the distributor (shown in figure 3) and extending in a transverse direction (shown in figure 3);
a pair of end faces (shown in figure 5, being the end faces of the partitions (5) that bound the interior of the header containing the distributing component (100)) that define both ends in the transverse direction of a hollow portion defined inside the outer wall portion (shown in figures 3 and 5, being the hollow portion of the header containing the distributing component (100)); and
a plurality of cylindrical portions (shown in figure 3, being the portions of the distributor surrounding the distributing channels (21)) provided in an outer portion (shown in figure 3), wherein
each of the plurality of cylindrical portions extends in the transverse direction (shown in figure 5) such that both ends in the transverse direction of the plurality of cylindrical portions are connected to the pair of respective end faces (shown in figure 5, wherein the ends of the distributing component (100) are attached to the partitions (5)),
each of the plurality of cylindrical portions has a flow passage having a circular cross-section (21) inside the cylindrical portion (shown in figure 3),
the cylindrical portions of the plurality of cylindrical portions are provided parallel to each other (shown in figures 3-4),
the outer wall portion has a plurality of connecting ports formed in an upper or lower part of the outer wall portion and spaced apart from each other in the transverse direction (shown in figure 18, being the connecting ports for the tubes (300)), and
each of the plurality of cylindrical portions has a plurality of orifices (3) provided in the cylindrical portion and spaced apart from each other in the transverse direction (shown in figure 4). Zhou fails to disclose a plurality of cylindrical portions provided in the outer wall portion, wherein the outer wall portion being an outermost surface of the distributor.
Wang, also drawn to a heat exchanger having a distributor, teaches a plurality of cylindrical portions (511, 512, shown in figure 5B) provided in the outer wall portion, wherein the outer wall portion being an outermost surface of the distributor (shown in figure 5B, wherein the inlets (511-512) that distribute working fluid are formed on the outer surface of the header). It is noted that Zhou teaches the plurality of cylindrical portions and Beamer teaches it is old and well known to place a cylindrical portion in an outer wall portion.
The rationale to support a conclusion that the claim would have been obvious is that the substitution of one known element for another yields predictable results to one of ordinary skill in the art. If any of these findings cannot be made, then this rationale cannot be used to support a conclusion that the claim would have been obvious to one of ordinary skill in the art.
Per MPEP 2143-I, a simple substitution of one known element for another, with a reasonable expectation of success supports a conclusion of obviousness. In the instant case, the simple substitution is related to substituting a plurality of cylindrical portions provided in the inside of the outer wall portion with a plurality of cylindrical portions provided in the outer wall portion; further the prior art to Wang teaches that having a cylindrical portion in the outer wall portion is known for delivering working fluid to a plurality of tubes of a heat exchanger. Therefore, since modifying the prior art to Zhou with having a plurality of cylindrical portions provided in the outer wall portion, can easily be made without any change in the operation of the heat exchanger device; and in view of the teachings of the prior art to Wang there will be reasonable expectations of success, it would have been obvious to have modified the invention of Zhou by having cylindrical portions provided in the outer wall portion in order to deliver the working fluid within the heat exchanger. Further, as evidenced by Wang, having a cylindrical portion in the outer wall portion is equivalent to having a cylindrical portion within the outer wall portion. Therefore, because these two cylindrical portion configurations for delivering working fluid were art recognized equivalents at the time the invention was made, one of ordinary skill in the art would have found it obvious to substitute a plurality of cylindrical portions provided in the outer wall portion for plurality of cylindrical portions provided inside of the outer wall portion.
Regarding Claim 3, Zhou further discloses each of the plurality of orifices (3) is provided at a position other than a position immediately below or immediately above a center of the flow passage in a cross-section of a corresponding one of the plurality of cylindrical portions perpendicular to the transverse direction (shown in figure 3, wherein the distributing holes (3) are provided at angle relative to the vertical direction).
Regarding Claim 5, Zhou further discloses the plurality of orifices of the plurality of cylindrical portions adjacent to each other are provided to face each other (shown in figure 4).
Regarding Claim 11, Zhou further discloses the number of the plurality of orifices provided in one of the plurality of cylindrical portions (shown in figure 5 as being 8) is smaller than or equal to the number of the plurality of connecting ports provided in the outer wall portion (shown in figure 18 as being 31).
Regarding Claim 17, a modified Zhou further teaches the plurality of cylindrical portions is provided (i) in the outer wall portion (shown in figure 5B, wherein the inlets (511-512) that distribute working fluid are formed on the outer surface of the header). It is noted that Zhou teaches the plurality of cylindrical portions and Wang teaches it is old and well known to place a cylindrical portion in an outer wall portion.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Zhou et al. (US PG Pub. 2016/0209091A1) in view of Wang et al. (US PG Pub. 2016/0201990A1) as applied in Claims 1, 3, 5, 11 and 17 above and in further view of Saito et al. (US PG Pub. 2020/0088451A1), hereinafter referred to as Saito.
Regarding Claim 7, although a modified Zhou teaches the outer wall portion containing the distributing component, and each of the plurality of orifices (3) is provided further inward than a position immediately below the center of the flow passage in a corresponding one of the plurality of cylindrical portions (shown in annotated figure 3, wherein the orifices (3) are situated more inward relative to the center of the flow passage), Zhou fails to disclose the outer wall portion has a bent portion.
Saito, also drawn to a heat exchanger having a distributor, teaches the outer wall portion (outer wall of the headers (22, 24)) has a bent portion (shown in figure 1), and each of the plurality of orifices (58) is provided further inward in the bent portion than a position immediately below the center of the flow passage in a corresponding one of the plurality of cylindrical portions (“the angle of the at least one opening of the plurality of openings relative to the plurality of heat exchange tubes is between about 60 degrees and about 120 degrees”, ¶7, see also figure 4).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide Zhou with a bent portion, as taught by Saito, the motivation being to configure the heat exchanger to be installed in a predetermined area or to form L or U shaped coils commonly found in residential air conditioners.
Claims 1, 3-5, 9 and 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Zhou et al. (US PG Pub. 2016/0209091A1) in view of Saito et al. (US PG Pub. 2020/0088451A1), hereinafter referred to as Zhou and Saito, respectively.
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Zhou Figure 3
Regarding Claim 1, Zhou discloses a distributor comprising:
an outer wall portion (outer wall of the header (200) containing the distributing component (100)) having a cylindrical shape, being an outermost surface of the distributor (shown in figure 3) and extending in a transverse direction (shown in figure 3);
a pair of end faces (shown in figure 5, being the end faces of the partitions (5) that bound the interior of the header containing the distributing component (100)) that define both ends in the transverse direction of a hollow portion defined inside the outer wall portion (shown in annotated figure 3, being the hollow portion of the header containing the distributing component (100)); and
a plurality of cylindrical portions (shown in annotated figure 3) provided in the hollow portion inside the outer wall portion (shown in annotated figure 3), wherein
each of the plurality of cylindrical portions extends extending in the transverse direction (shown in figure 5) such that both ends in the transverse direction of the plurality of cylindrical portions are connected to the pair of respective end faces (shown in figure 5, wherein the ends of the distributing component (100) are attached to the partitions (5)),
each of the plurality of cylindrical portions has a flow passage having a circular cross-section (21) inside the cylindrical portion (shown in figure 3),
the cylindrical portions of the plurality of cylindrical portions are provided parallel to each other (shown in figures 3-4),
the outer wall portion has a plurality of connecting ports formed in an upper or lower part of the outer wall portion and spaced apart from each other in the transverse direction (shown in figure 18, being the connecting ports for the tubes (300)), and
each of the plurality of cylindrical portions has a plurality of orifices (3) provided in the cylindrical portion and spaced apart from each other in the transverse direction (shown in figure 4). Zhou fails to disclose in a cross section of the outer wall portion and the plurality of cylindrical portions in a direction perpendicular to the transverse direction, the hollow portion surrounds the entirety of each of the plurality of cylindrical portions.
Saito, also drawn to a fluid distribution device for a heat exchanger, teaches in a cross section of the outer wall portion and a cylindrical portion (56) in a direction perpendicular to the transverse direction (shown in figure 4), the hollow portion (60) surrounds the entirety of each cylindrical portion (56).
The rationale to support a conclusion that the claim would have been obvious is that the substitution of one known element for another yields predictable results to one of ordinary skill in the art. If any of these findings cannot be made, then this rationale cannot be used to support a conclusion that the claim would have been obvious to one of ordinary skill in the art.
Per MPEP 2143-I, a simple substitution of one known element for another, with a reasonable expectation of success supports a conclusion of obviousness. In the instant case, the simple substitution is related to substituting the hollow portion surrounding the entirety of each of the plurality of cylindrical portions with the hollow portion surrounding a portion of each of the plurality of cylindrical portions; further the prior art to Saito teaches that having the hollow portion surrounding the entirety of a cylindrical portion is known when situating a distributor within a heat exchanger header for regulating the flow of working fluid. Therefore, since modifying the prior art to Zhou with the hollow portion surrounding the entirety of each of the plurality of cylindrical portions, can easily be made without any change in the operation of the heat exchanger device; and in view of the teachings of the prior art to Saito there will be reasonable expectations of success, it would have been obvious to have modified the invention of Zhou by having the hollow portion surrounding the entirety of each of the plurality of cylindrical portions in order to allow for the repair or removal of the distributor or to maximize a surface area capable of distributing the working fluid to the heat exchanger tubes.
Regarding Claim 3, a modified Zhou further teaches each of the plurality of orifices (3, shown in figure 16 being the inner two rows of orifices that face one another along the longitudinal direction of the distributing component (100)) is provided at a position other than a position immediately below or immediately above a center of the flow passage in a cross-section of a corresponding one of the plurality of cylindrical portions perpendicular to the transverse direction (shown in figure 16, wherein the distributing holes (3) are provided at angle relative to the vertical direction).
Regarding Claim 4, a modified Zhou further teaches each of the plurality of orifices is provided such that an angle that, in the cross-section of a corresponding one of the plurality of cylindrical portions perpendicular to the transverse direction, is formed by a reference line connecting the center of the flow passage with a point immediately below the center of the flow passage and a line connecting a point at which the orifice is provided with the center of the flow passage falls within an angular range of larger than or equal to 40 degrees and smaller than or equal to 80 degrees (shown in figures 16-17, wherein the inner two rows of orifices that face one another along the longitudinal direction of the distributing component (100) are situated in a diagonal fashion on either side of the flow passage).
Regarding Claim 5, a modified Zhou further teaches the plurality of orifices of the plurality of cylindrical portions adjacent to each other are provided to face each other (3, shown in figure 16 being the inner two rows of orifices that face one another along the longitudinal direction of the distributing component (100)).
Regarding Claim 9, a modified Zhou further teaches one of the plurality of cylindrical portions (as modified by Saito in the rejection of Claim 1 to be entirely surrounded) has the plurality of orifices (3, shown in figure 16 being the inner two rows of orifices that face one another along the longitudinal direction of the distributing component (100)) provided in an identical plane perpendicular to the flow passage (shown in figures 16-17, wherein the orifices (3) are aligned in a direction orthogonal to the longitudinal direction).
Regarding Claim 13, a modified Zhou further teaches each of the plurality of cylindrical portions has a circular cylindrical shape (as modified by Saito in the rejection of Claim 1 to be entirely surrounded, shown in figure 4).
Regarding Claim 14, a modified Zhou further teaches an end divider (5) provided at one end of the outer wall portion in the transverse direction (shown in figure 5 being the left end of the distributing component (100)) such that the end divider closes a space located further inward than the outer wall portion and further outward than a plurality of the flow passages (shown in figures 5-6, wherein the partition closes off the space between the distributing component (100) and the inner surface of the header (200)), wherein
the end divider (5) has a face that faces the hollow portion, and
the face is one of the pair of end faces that defines one end in the transverse direction of the hollow portion (shown in figure 5).
Regarding Claim 15, Zhou discloses a heat exchanger comprising:
a plurality of heat transfer tubes (300), arrayed in the transverse direction, that extend in an up-down direction (shown in figure 18); and
two headers (200) provided at both respective ends of the plurality of heat transfer tubes (“Two ends of the heat exchanging tube 300 are connected to the two headers 200 respectively”, ¶88) and that each distribute and merge refrigerant (shown in figure 18, wherein the headers distribute and collect refrigerant), wherein
at least one of the two headers includes the distributor of claim 1 (shown in figure 18, see rejection of Claim 1 (Zhou/ Saito)), and
some of the plurality of heat transfer tubes are connected to the plurality of connecting ports of the outer wall portion of the distributor (shown in figure 18).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Zhou et al. (US PG Pub. 2016/0209091A1) in view of Saito et al. (US PG Pub. 2020/0088451A1), as applied in Claims 1, 3-5, 9 and 13-15 above and in further view of Joshi et al. (US PG Pub. 2011/0290465A1), hereinafter referred to as Joshi.
Regarding Claim 8, Zhou fails to disclose the plurality of orifices of the plurality of cylindrical portions adjacent to each other are provided in different positions that alternate with each other in the transverse direction.
Joshi, also drawn to a working fluid distribution tube, teaches a plurality of orifices (22) of cylindrical portions (shown in figure 5) adjacent to each other are provided in different positions that alternate with each other in the transverse direction (shown in figures 5-6).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide the plurality of orifices of the plurality of cylindrical portions adjacent to each other of Zhou with different positions that alternate with each other in the transverse direction, as taught by Joshi, the motivation being to provide “the advantage of improved refrigerant distribution through the refrigerant tube of the heat exchanger assembly resulting in improved heat transfer efficiency”, ¶10.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Zhou et al. (US PG Pub. 2016/0209091A1) in view of Saito et al. (US PG Pub. 2020/0088451A1), as applied in Claims 1, 3-5, 9 and 13-15 above and in further view of Liu et al. (Translation of WO2012/034437A1), hereinafter referred to as Liu.
Regarding Claim 10, Zhou fails to disclose the plurality of orifices has a slit shape.
Liu, also drawn to a working fluid distribution tube, teaches a plurality of orifices (54) has a slit shape (shown in figure 5).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide the plurality of orifices of Zhou with a slit shape, as taught by Liu, the motivation being that “the refrigerant flows obliquely through the opening with respect to the axial direction of the refrigerant conduit, whereby the resistance loss is small and the refrigerant distribution uniformity is improved”.
Claims 12 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Zhou et al. (US PG Pub. 2016/0209091A1) in view of Saito et al. (US PG Pub. 2020/0088451A1), as applied in Claims 1, 3-5, 9 and 13-15 above and in further view of Azzouz et al. (Translation of FR3059397A1), hereinafter referred to as Azzouz.
Regarding Claim 12, Zhou fails to disclose a size of each of the plurality of orifices provided in a part of one of the plurality of cylindrical portions is different from a size of each of the plurality of orifices provided in an other part of the one of the plurality of cylindrical portions.
Azzouz, also drawn to a working fluid distribution tube, teaches a size of each of the plurality of orifices (22a) provided in a part of one of the plurality of cylindrical portions is different from a size of each of the plurality of orifices provided in an other part of the one of the plurality of cylindrical portions (shown in figure 4).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide the plurality of orifices of Zhou with a size of each of the plurality of orifices provided in a part of one of the plurality of cylindrical portions is different from a size of each of the plurality of orifices provided in an other part of the one of the plurality of cylindrical portions, as taught by Azzouz, the motivation being “to perfect the homogeneity of the distribution of refrigerant fluid inside the heat exchanger, in order to finally improve its efficiency and output, with a view to delivering inside the passenger compartment. an air flow at the desired temperature”.
Regarding Claim 16, although a modified Zhou further teaches a heat pump apparatus (“When the heat exchanger is used as an evaporator or an outdoor heat pump”, ¶5) and the heat exchanger of claim 15 (see rejection of Claim 15 above), Zhou fails to disclose a refrigerant circuit including and a compressor configured to compress the refrigerant.
Azzouz, also drawn to a working fluid distribution tube, teaches a refrigerant circuit (shown in figure 1) including a compressor (2) configured to compress the refrigerant (“the refrigerant is compressed inside the compressor”).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide Zhou with a refrigerant circuit including and a compressor configured to compress the refrigerant, as taught by Azzouz, the motivation being to provide a vapor compression cycle that allows for the production of treated airflow to the end user.
Claims 1, 3-4 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Zhou et al. (US PG Pub. 2016/0209091A1) in view of Saito et al. (US PG Pub. 2020/0088451A1) and in further view of Ikuta et al, (WO2006028148A1).
Regarding Claim 1, Zhou discloses a distributor comprising:
an outer wall portion (outer wall of the header (200)) having a cylindrical shape, being an outermost surface of the distributor (shown in figure 17), and extending in a transverse direction (shown in figures 17-18);
a pair of end faces (shown in figure 5, being the end faces of the partitions (5) that bound the interior of the header containing the distributing component (100)) that define both ends in the transverse direction of a hollow portion defined inside the outer wall portion (shown in figures 5 and 17, being the hollow portion of the header containing the distributing component (100)); and
a plurality of portions (shown in figure 17, being the groove shaped passageways of the corrugated sheet) provided in the hollow portion inside the outer wall portion (shown in figure 17), such that, in a cross section of the outer wall portion and the plurality of portions in a direction perpendicular to the transverse direction (shown in figures 5 and 17), the hollow portion surrounds a portion of each of the plurality of portions (shown in figures 5 and 17), wherein
each of the plurality of portions extends in the transverse direction such that both ends in the transverse direction of the plurality of portions are connected to the pair of respective end faces (shown in figure 5, wherein the ends of the distributing component (100) are attached to the partitions (5)),
each of the plurality of portions has a flow passage having a groove cross-section inside the portion (shown in figure 17, being the internal passage formed by the groove portion of the corrugated sheet),
the portions of the plurality of portions are provided parallel to each other (shown in figure 17),
the outer wall portion has a plurality of connecting ports formed in an upper or lower part of the outer wall portion and spaced apart from each other in the transverse direction (shown in figure 18, being the connecting ports for the tubes (300)),
each of the plurality of portions has a plurality of orifices (3, shown in figure 16 being the outer two rows of orifices that face away from one another along the longitudinal direction of the distributing component (100)) provided in the portion and spaced apart from each other in the transverse direction (shown in figure 4). Zhou fails to disclose the portions are cylindrical, a flow passage having a circular cross-section inside the cylindrical portion and the hollow portion surrounds the entirety of each of the plurality of cylindrical portions.
Saito, also drawn to a fluid distribution device for a heat exchanger, teaches the portion is cylindrical (56, shown in figure 4) and a flow passage having a circular cross-section inside the cylindrical portion (shown in figures 4-5) and the hollow portion (60) surrounds the entirety of each cylindrical portion (56). Further, Ikuta, also drawn to a header distributor for a heat exchanger teaches that groove distributors (shown in figure 2) and cylindrical distributors (shown in figure 5) are known to be equivalent structures in distributing working fluid within a heat exchanger header.
The rationale to support a conclusion that the claim would have been obvious is that the substitution of one known element for another yields predictable results to one of ordinary skill in the art. If any of these findings cannot be made, then this rationale cannot be used to support a conclusion that the claim would have been obvious to one of ordinary skill in the art.
Per MPEP 2143-I, a simple substitution of one known element for another, with a reasonable expectation of success supports a conclusion of obviousness. In the instant case, the simple substitution is related to substituting the hollow portion surrounding the entirety of each of the plurality of cylindrical portions with the hollow portion surrounding a portion of each of the plurality of groove shaped portions; further the prior art to Saito teaches that having the hollow portion surrounding the entirety of a cylindrical portion is known when situating a distributor within a heat exchanger header for regulating the flow of working fluid. Further, Ikuta recognizes the equivalency of a groove cross section and a circular cross section for fluid distribution within a heat exchanger manifold. Therefore, since modifying the prior art to Zhou with having a hollow portion surrounding the entirety of each of the plurality of cylindrical portions, can easily be made without any change in the operation of the heat exchanger device; and in view of the teachings of the prior art to Saito and Ikuta there will be reasonable expectations of success, it would have been obvious to have modified the invention of Zhou by having the hollow portion surrounding the entirety of each of the plurality of cylindrical portions in order to allow for the repair or removal of the distributor or to maximize a surface area capable of distributing the working fluid to the heat exchanger tubes. Further, Zhou discloses the claimed invention except for the flow passage having a circular cross-section inside the cylindrical portion. It would have been obvious matter of design choice to form the flow passage with a circular cross-section within a cylindrical portion, since such a modification would have involved a mere change in shape of a component. A change in shape is generally recognized as being within the level of ordinary skill in the art. See MPEP 2144.04 IV (B).
Regarding Claim 3, Zhou further discloses each of the plurality of orifices (3) is provided at a position other than a position immediately below or immediately above a center of the flow passage in a cross-section of a corresponding one of the plurality of cylindrical portions perpendicular to the transverse direction (shown in figure 16, wherein the distributing holes (3) are provided at angle relative to the vertical direction).
Regarding Claim 4, Zhou further discloses each of the plurality of orifices is provided such that an angle that, in the cross-section of a corresponding one of the plurality of cylindrical portions perpendicular to the transverse direction, is formed by a reference line connecting the center of the flow passage with a point immediately below the center of the flow passage and a line connecting a point at which the orifice is provided with the center of the flow passage falls within an angular range of larger than or equal to 40 degrees and smaller than or equal to 80 degrees (shown in figures 16-17, wherein the distributing holes (3) are situated in a diagonal fashion on either side of the flow passage).
Regarding Claim 6, Zhou further discloses the plurality of orifices of the plurality of cylindrical portions adjacent to each other are provided to face away from each other (3, shown in figure 16 being the outer two rows of orifices that face away from one another along the longitudinal direction of the distributing component (100)).
Allowable Subject Matter
Claim 2 is 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.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 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.
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 PAUL ALVARE whose telephone number is (571)272-8611. The examiner can normally be reached Monday-Friday 0930-1800.
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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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/PAUL ALVARE/Primary Examiner, Art Unit 3763
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