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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: first/second heat transfer enhancement parts
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1, 3-4, 6-8 is/are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by Holz (EP0918199A2).
Regarding claim 1, Holz discloses a heat exchanger (see Fig. 9-10 & annotated Fig. 9 below, hereinafter Fig. A) comprising: a heat transfer tube (53) that extends in a second direction (see horizontal direction of Fig. 9) that crosses a first direction (see direction of arrow in Fig. 9) in which gas flows; and a fin (51) that is provided to the heat transfer tube and has a surface (see surface thereof) that extends in the first direction and the second direction, the fin having a first extension part (Fig. A) and a second extension part (Fig. A), the first extension part having a first heat-transfer-enhancement area (one of areas with tabs 55) that is located further upstream in a flow of the gas than the heat transfer tube in the first direction and improves a heat transfer coefficient, the second extension part having a second heat-transfer-enhancement area (one of areas with tabs 55) that is located further downstream in the flow of the gas than the heat transfer tube in the first direction and improves a heat transfer coefficient, the first heat-transfer-enhancement area having a plurality of first heat-transfer-enhancement parts (tabs 55) that are arranged in the second direction and each improve a heat transfer coefficient, and a first flat part (see flat parts between tabs 55) provided between adjacent ones of the plurality of first heat-transfer-enhancement parts in the second direction, the second heat-transfer-enhancement area having a plurality of second heat-transfer-enhancement parts (tabs 55) that are arranged in the second direction and each improve a heat transfer coefficient, and a second flat part (see flat parts between tabs 55) provided between adjacent ones of the plurality of second heat-transfer-enhancement parts in the second direction, the plurality of first heat-transfer-enhancement parts, the plurality of second heat-transfer-enhancement parts, the first flat part, and the second flat part each having an equal length in the second direction (as permissibly gleaned from Fig. 9), the plurality of first heat-transfer-enhancement parts being each arranged in the second direction at a same position as the corresponding second flat part in the second heat-transfer-enhancement area in the second direction, the first flat part being provided in the second direction at a same position as a corresponding one of the plurality of second heat-transfer-enhancement parts in the second heat-transfer-enhancement area in the second direction (Fig. A).
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Fig. A – Annotated Fig. 9 of Holz
Regarding claim 3, Holz discloses the limitations of claim 1, and Holz further discloses
the plurality of first heat-transfer-enhancement parts and the first flat part are alternately arranged in the second direction, the plurality of second heat-transfer-enhancement parts and the second flat part are alternately arranged in the second direction, the second flat part is provided in the second heat-transfer-enhancement area side by side with the plurality of first heat-transfer-enhancement parts in the first direction, and the plurality of second heat-transfer-enhancement parts are arranged in the second heat-transfer-enhancement area side by side with the first flat part in the first direction (Fig. A).
Regarding claim 4, Holz discloses the limitations of claim 1, and Holz further discloses the heat transfer tube has a plurality of heat transfer tubes (see plurality of tubes 53 connected by 54) spaced apart from each other at a predetermined interval in a third direction that crosses the first direction and the second direction.
Regarding claim 6, Holz discloses the limitations of claim 1, and Holz further discloses in the plurality of first heat-transfer-enhancement parts, any of a cut and bent-up part, a slit, a louver, and an uneven part is formed, in the plurality of second heat-transfer-enhancement parts, any of a cut and bent-up part, a slit, a louver, and an uneven part is formed, and a sum of a count of any of one or more of the cut and bent-up parts, slits, louvers, and uneven parts formed in the first direction in each of the plurality of first heat-transfer-enhancement parts, and a count of any of one or more of the cut and bent-up parts, slits, louvers, and uneven parts formed in the first direction in each of the plurality of second heat-transfer-enhancement parts is constant (tabs 55 & associated opening).
Regarding claim 7, Holz discloses the limitations of claim 1, and Holz further discloses
at least one of the plurality of first heat-transfer-enhancement parts are any of a cut and bent-up part, a slit, a louver, and an uneven part, and at least one of the plurality of second heat-transfer-enhancement parts are any of a cut and bent-up part, a slit, a louver, and an uneven part (tabs 55 & associated opening).
Regarding claim 8, Holz discloses the limitations of claim 6, and Holz further discloses wherein any one of the slit, the louver, and the uneven part is formed in the plurality of first heat-transfer-enhancement parts in a first pattern, any one of the slit, the louver, and the uneven part is formed in the plurality of second heat-transfer-enhancement parts in a second pattern, and the first pattern and the second pattern are displaced from each other in the second direction (Fig. A).
Claim Rejections - 35 USC § 103
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.
Claim(s) 9, 11-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Morita (JP09159386A).
Regarding claim 9, Morita teaches a heat exchanger (Fig. 1/6) comprising: a heat transfer tube (5) that extends in a second direction that crosses a first direction in which gas flows; and a fin (6/16) that is provided to the heat transfer tube and has a surface that extends in the first direction and the second direction, the fin having a first extension part and a second extension part (see upstream and downstream parts of 6/16), the first extension part having a first heat-transfer-enhancement area (area with respective louvers 7/17) that is located further upstream in a flow of the gas than the heat transfer tube in the first direction and improves a heat transfer coefficient, the second extension part having a second heat-transfer-enhancement area (area with respective louvers 7/17) that is located further downstream in the flow of the gas than the heat transfer tube in the first direction and improves a heat transfer coefficient, the first heat-transfer-enhancement area having a plurality of first heat-transfer-enhancement parts that are arranged in the second direction and each improve a heat transfer coefficient, and a first flat part (flat parts between respective louvers 7/17) provided between adjacent ones of the plurality of first heat-transfer-enhancement parts in the second direction, the second heat-transfer-enhancement area having a plurality of second heat-transfer-enhancement parts that are arranged in the second direction and each improve a heat transfer coefficient, and a second flat part (flat parts between respective louvers 7/17) provided between adjacent ones of the plurality of second heat-transfer-enhancement parts in the second direction, the exchanger further comprising a first set including the heat transfer tube and the fin and a second set including the heat transfer tube and the fin, the heat transfer tube in the second set being spaced apart from the heat transfer tube in the first set in the first direction.
Morita does not teach, in a single embodiment, the plurality of second heat-transfer-enhancement parts being formed in the fin in the first set at positions different in the second direction from positions of the plurality of first heat-transfer-enhancement parts formed in the fin in the second set, however, Morita does teach the plurality of second heat-transfer-enhancement parts being formed in the fin in a first set at positions different in the second direction from positions of the plurality of first heat-transfer-enhancement parts formed in the fin in a second set (see vertical louvered fins of 1/3/6 and oblique louvered fins of Fig. 8).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Morita to include the plurality of second heat-transfer-enhancement parts being formed in the fin in the first set at positions different in the second direction from positions of the plurality of first heat-transfer-enhancement parts formed in the fin in the second set, as it has been held obvious to try when choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success (see MPEP 2143). In the instant case, the two fin configurations of Morita are identified to be suitable fins for such a heat exchanger, and using two different fins selected from the disclosed variations would predictably result in a heat exchanger with louvered fins to improve heat transfer efficiency.
Regarding claim 11, Morita teaches the limitations of claim 9, and Morita further teaches the heat transfer tube has a plurality of heat transfer tubes spaced apart from each other at a predetermined interval in a third direction that crosses the first direction and the second direction (see pipes 5 in third direction.
Regarding claim 12, Morita teaches the limitations of claim 9, and Morita further teaches in the plurality of first heat-transfer-enhancement parts, any of a cut and bent-up part, a slit, a louver, and an uneven part is formed, in the plurality of second heat-transfer-enhancement parts, any of a cut and bent-up part, a slit, a louver, and an uneven part is formed, and a sum of a count of any of one or more of the cut and bent-up parts, slits, louvers, and uneven parts formed in the first direction in each of the plurality of first heat-transfer-enhancement parts, and a count of any of one or more of the cut and bent-up parts, slits, louvers, and uneven parts formed in the first direction in each of the plurality of second heat-transfer-enhancement parts is constant (see louvers 7/17/37).
Regarding claim 13, Morita teaches the limitations of claim 9, and Morita further teaches at least one of the plurality of first heat-transfer-enhancement parts are any of a cut and bent-up part, a slit, a louver, and an uneven part, and at least one of the plurality of second heat-transfer-enhancement parts are any of a cut and bent-up part, a slit, a louver, and an uneven part (see louvers 7/17/37).
Allowable Subject Matter
Claims 10 and 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIC S RUPPERT whose telephone number is (571)272-9911. The examiner can normally be reached Monday - Friday 8 am - 4 pm.
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/ERIC S RUPPERT/Primary Examiner, Art Unit 3763