Election/Restrictions
The elected embodiment (Fig. 10) does not include first and second spring tubes connected end to end as recited in newly added claim 23.
The elected embodiment (Fig. 10) does not include the heat exchanger having a distributor, as recited in amended claim 9. Claims 13-14 and 22-23 depend from claim 9.
The elected embodiment (Fig. 10) does not include the spring tubes having a variable coil pitch, as recited in newly added claim 21.
Claims 9, 13-14, and 21-23 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species, there being no allowable generic or linking claim.
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.
(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 1-3, 6, and 16-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2022/0107120 A1 (herein “Roady”).
Regarding independent claim 1.
Roady discloses an HVAC system (Figs. 2, 5, and 8) comprising:
a heat exchanger (20) comprising at least one spring tube (34A, 34B, 34C, 34D) wound in a geometric configuration (conical) formed around a geometric axis (vertical asix), wherein the at least one spring tube is finless ([0007] the pipes may comprise a plurality of heat sink structures; finless tubes shown in Fig. 5); and
a passage (inside each of the tubes) through the spring tube configured to transport a working fluid therethrough to facilitate heat exchange between the working fluid and air directed over an exterior of the at least one spring tube ([0044]).
Regarding independent claim 16.
Roady discloses an HVAC system (Figs. 2, 5, and 8) comprising:
a heat exchanger (20) configured to facilitate heat exchange between a working fluid and a conditioning fluid, the heat exchanger comprising:
a first spring tube (at 32B) and a second spring tube (at 32A), each of the first and second spring tubes wound in a geometric configuration formed around a geometric axis (see attached Fig. 5), wherein an inlet of the first spring is located at a first position at an end portion of the geometric configuration (32B) and an inlet of the second spring tube is located at a second position in a central portion of the geometric configuration (Fig. 5; 32A located at a central portion of the geometric configuration relative to 32B); and
a passage (inside each of the tubes) through each of the first and second spring tubes, wherein the passage is configured to transport the working fluid to facilitate the heat exchange of the working fluid with the conditioning fluid passing over an exterior of the first and second spring tubes ([0044]).
Regarding claim 2.
Roady discloses the HVAC system of claim 1, wherein a spring tube axis of the at least one spring tube is in a non-coaxial arrangement with the geometric axis (see attached Fig. 5) (like the axes shown in Applicant’s Fig. 6 at 402 and 504, Roady’s conical spring tubes have a vertical geometric axis and an angled spring tube axis).
Regarding claim 3.
Roady discloses the HVAC system of claim 1, wherein the geometric configuration is a conical helix shape (shown in Fig. 5).
Regarding claim 6.
Roady discloses the HVAC system of claim 1, wherein the diameter of the at least one spring tube is less than 3/8 inches ([0044], inner diameter less than 3/8”).
Regarding claim 17.
Roady discloses the HVAC system of claim 16, wherein the geometric configuration of the heat exchanger is a conical helix (shown in Fig. 5).
Regarding claim 18.
Roady discloses the HVAC system of claim 16, wherein the first spring tube of the heat exchanger is finless ([0007] the pipes may comprise a plurality of heat sink structures; finless tubes shown in Fig. 5).
Regarding claim 19.
Roady discloses the HVAC system of claim 16, comprising a spring tube axis of the first spring tube that is in a non-coaxial arrangement with the geometric axis and wherein radiuses of coils of the first spring tube vary relative to the spring tube axis along a length of the first spring tube. (see attached Fig. 5) (like the axes shown in Applicant’s Fig. 6 at 402 and 504, Roady’s conical spring tubes have a vertical geometric axis and an angled spring tube axis).
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Response to Arguments
Applicant's arguments filed 2026 June 22 have been fully considered but they are not persuasive.
Regarding claim 1.
Applicant argues – Roady, paragraph 44, states that Fig. 5 represents a smaller diameter pipe covered by a large number of heat sink structures, and therefore Roady fails to disclose “wherein the at least one spring tube is finless”.
In response – Roady discloses that the heat sink structures are optional. Roady states, “Each pipe of the plurality of pipes may comprise a plurality of heat sink structures projecting therefrom. The plurality of heat sink structures may comprise a plurality of wires or a plurality of fins.” [0007]. Also, “when the cooling fins have been attached to the pipe” [0044]. Therefore, Roady discloses the structure of the claimed invention.
Applicant’s additional arguments have been considered; however, they are made with respect to new limitations added by amendment. In response, Applicant is directed to the rejection above which addresses these new limitations.
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 Jon T. Schermerhorn Jr. whose telephone number is (571)270-5283. The examiner can normally be reached M-F 9am to 5pm.
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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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/JON T. SCHERMERHORN JR./Primary Examiner, Art Unit 3763
