Prosecution Insights
Last updated: May 28, 2026
Application No. 18/738,873

HEAT EXCHANGER ASSEMBLY FOR AN AIR CONDITIONING APPLIANCE

Non-Final OA §103
Filed
Jun 10, 2024
Examiner
ZERPHEY, CHRISTOPHER R
Art Unit
3799
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Haier US Appliance Solutions Inc.
OA Round
1 (Non-Final)
48%
Grant Probability
Moderate
1-2
OA Rounds
1y 2m
Est. Remaining
67%
With Interview

Examiner Intelligence

Grants 48% of resolved cases
48%
Career Allowance Rate
369 granted / 761 resolved
-21.5% vs TC avg
Strong +19% interview lift
Without
With
+18.7%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
45 currently pending
Career history
810
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
90.9%
+50.9% vs TC avg
§102
2.8%
-37.2% vs TC avg
§112
4.9%
-35.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 761 resolved cases

Office Action

§103
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 (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 factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claim(s) 1-4, 6-16, and 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rollins (US 6,591,627) in view of Kil et al (US 11,204,180). Regarding claims 1 and 13, Rollins discloses an air conditioner unit defining a vertical, a lateral, and a transverse direction, the air conditioner unit comprising: a bulkhead (bulkhead shown in figure 2 behind indoor fan 43) mounted within a cabinet to define an indoor portion and an outdoor portion; an indoor heat exchanger (38) positioned within the indoor portion; an outdoor heat exchanger (36) positioned within the outdoor portion, the outdoor heat exchanger comprising an outdoor coil and a plurality of heat exchange fins (54) thermally coupled to the outdoor coil, wherein an exposed portion of the outdoor coil is not covered by the plurality of heat exchange fins (coil 60 is outside of fins 54 as there is a notched clearance); and a condensate collection pan (45) positioned under the indoor heat exchanger for collecting condensate, wherein the condensate is directed onto the exposed portion of the outdoor coil. Further regarding the bulkhead. Kil discloses a vertically arranged air conditioner including a bulkhead (100) mounted within a cabinet to define an indoor and an outdoor portion. It would have been obvious to one of ordinary skill in the art to have provided Rollins with the vertical arrangement and bulkhead of Kil in order to provide a compact air conditioner that does not obstruct a window providing poor aesthetic (1:39-42). Regarding claims 2 and 14, Rollins and Kil disclose the indoor heat exchanger is positioned at least partially above the outdoor heat exchanger along the vertical direction and the condensate is gravity-fed onto the exposed portion of the outdoor coil (Kil provides the vertical arrangement as discussed at claim 1). Regarding claims 3 and 15, Rollins and Kil disclose the condensate collection pan is defined by the bulkhead (as modified by Kil in claim 1, the unit is in a vertical arrangement and the condensate collection pan is defined at the bulkhead). Regarding claims 4 and 16, Rollins and Kil disclose the condensate collection pan defines at least one drain hole for discharging the condensate (Kil provides drain hole 55). Regarding claim 6, Rollins discloses the air conditioner unit of claim 1, but lacks a pump. The examiner takes official notice that condensate pumps are old and well known. It would have been obvious to one of ordinary skill in the art to have provided Rollins with a condensate pump in order to expedite the flow of condensate. Regarding claims 7 and 18, Rollins discloses the exposed portion of the outdoor coil is a U-bend (68 and 64) defined on both sides of the outdoor heat exchanger. Regarding claim 8, Rollins discloses the exposed portion is defined on both sides of outdoor heat exchanger (64 and 68 are part of the exposed portion 60 and are at both sides of the heat exchanger). Regarding claims 9 and 19, Rollins discloses the plurality of heat exchange fins (54) is embodied as a fin pack, the outdoor heat exchanger further comprising: a pack mounting bracket (48) positioned on a side of the fin pack, wherein the exposed portion of the outdoor coil passes through the pack mounting bracket (64 passes through bracket 48 as shown in figure 9). Regarding claims 10 and 20, Rollins discloses an outdoor fan (42), wherein the outdoor fan is positioned over the heat exchanger fins (54) and does not direct a flow of air over the exposed portion of the outdoor coil. Regarding claim 11, Rollins discloses a base pan (44) positioned under the outdoor heat exchanger, wherein the condensate drips off outdoor coil and collects in base pan. Regarding claim 12, Rollins and Kil disclose the air conditioner unit is a single package vertical unit, a vertical terminal air conditioner unit, or a packaged terminal air conditioner unit (as modified in view of Kil the unit is packaged vertical unit). Claim(s) 1-8, 10-18, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Breen (US 7,854,141) in view of Kil et al (US 11,204,180). Regarding claims 1 and 13, Breen discloses an air conditioner unit defining a vertical, a lateral, and a transverse direction, the air conditioner unit comprising: a bulkhead (bulkhead shown in figure 2 dividing indoor and outdoor portions) mounted within a cabinet to define an indoor portion and an outdoor portion; an indoor heat exchanger (24) positioned within the indoor portion; an outdoor heat exchanger (28) positioned within the outdoor portion, the outdoor heat exchanger comprising an outdoor coil and a plurality of heat exchange fins (represented in figure 2, 28 is a finned heat exchanger) thermally coupled to the outdoor coil, wherein an exposed portion of the outdoor coil is not covered by the plurality of heat exchange fins (coil 100 is outside of finned portion of 28); and a condensate collection pan (90) positioned under the indoor heat exchanger for collecting condensate, wherein the condensate is directed onto the exposed portion of the outdoor coil. Further regarding the fins, to the extent that applicant disagrees that the presentation of Figure 2 includes fins, Kil is provided. Kil discloses a vertically arranged air conditioner including a bulkhead (100) and fins at the condenser mounted within a cabinet to define an indoor and an outdoor portion. It would have been obvious to one of ordinary skill in the art to have provided Breen with the fins, vertical arrangement, and bulkhead of Kil in order to provide a compact air conditioner that does not obstruct a window providing poor aesthetic (1:39-42) and improves heat exchange with extended surface area (fins). Regarding claims 2 and 14, Breen and Kil disclose the indoor heat exchanger is positioned at least partially above the outdoor heat exchanger along the vertical direction and the condensate is gravity-fed onto the exposed portion of the outdoor coil (Kil provides the vertical arrangement as discussed at claim 1). Regarding claims 3 and 15, Breen and Kil disclose the condensate collection pan is defined by the bulkhead (as modified by Kil in claim 1, the unit is in a vertical arrangement and the condensate collection pan is defined at the bulkhead). Regarding claims 4 and 16, Breen and Kil disclose the condensate collection pan defines at least one drain hole for discharging the condensate (hole connecting 90 and 122 shown in figure 2 of Breen). Regarding claims 5 and 17, Breen discloses a hose or conduit (122) connected to the at least one drain hole for directing the condensate onto the exposed portion of the outdoor coil. Regarding claim 6, Breen discloses the air conditioner unit of claim 1, but lacks a pump. The examiner takes official notice that condensate pumps are old and well known. It would have been obvious to one of ordinary skill in the art to have provided Breen with a condensate pump in order to expedite the flow of condensate. Regarding claims 7, 8, and 18, Breen discloses the exposed portion of the outdoor coil is a U-bend defined on both sides of the outdoor heat exchanger (figure 3 includes U-bends as part of the serpentine arrangement of 100 which are at both sides of the case and of the outdoor heat exchanger 28). Regarding claims 10 and 20, Breen discloses an outdoor fan (64), wherein the outdoor fan is positioned over the heat exchanger fins and does not direct a flow of air over the exposed portion of the outdoor coil (exposed portion 100 of coil is submerged). Regarding claim 11, Breen discloses a base pan positioned under the outdoor heat exchanger, wherein the condensate drips off outdoor coil and collects in base pan (12 and 92, to the extent condensate is on the outdoor coil 28 it may drip onto 12) . Regarding claim 12, Breen and Kil disclose the air conditioner unit is a single package vertical unit, a vertical terminal air conditioner unit, or a packaged terminal air conditioner unit (as modified in view of Kil the unit is packaged vertical unit). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. DeLoach et al (US 11,187,418) – vertically arranged unit. Feger (US 6,065,296) vertically arranged unit. Maynard (US 5,966,958) condenser portion 41. Gilmer et al (US 3,996,764) refrigerant cooling coil. Kil et al (US 2013/0133351) vertically arranged unit Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER R ZERPHEY whose telephone number is (571)272-5965. The examiner can normally be reached M-F 7:00-4:00 PM. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jianying Atkisson can be reached at 5712707740. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /CHRISTOPHER R ZERPHEY/Primary Examiner, Art Unit 3799
Read full office action

Prosecution Timeline

Jun 10, 2024
Application Filed
Feb 10, 2026
Non-Final Rejection mailed — §103
Apr 07, 2026
Response Filed

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12624883
ICE-MAKING COMPARTMENT FOR AN APPLIANCE
2y 5m to grant Granted May 12, 2026
Patent 12623510
TRI-GENERATION TURBOMACHINE DEVICE AND VEHICLE COMPRISING SUCH A DEVICE
2y 8m to grant Granted May 12, 2026
Patent 12616403
THERMALLY INSULATED CONTAINER AND MAGNETOSPINOGRAPH USING SAME
2y 5m to grant Granted May 05, 2026
Patent 12618231
SELF-ADAPTIVE MULTI-MODE DEVICE FOR HIGH-EFFICIENCY AND ALL-WEATHER WATER HARVESTING FROM AIR
1y 10m to grant Granted May 05, 2026
Patent 12613061
REEFER CONTAINER
2y 0m to grant Granted Apr 28, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

1-2
Expected OA Rounds
48%
Grant Probability
67%
With Interview (+18.7%)
3y 2m (~1y 2m remaining)
Median Time to Grant
Low
PTA Risk
Based on 761 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month