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/Restrictions
Applicant's election with traverse of Species G (embodiment 1000 as shown in Fig. 10) in the reply filed on 2026 March 02 is acknowledged.
The traversal is on the ground(s) that there is no serious burden on the Examiner. This is not found persuasive because the current search directed to the elected embodiment already includes over thirty-thousand documents considered. The exclusive features of other embodiments would necessitate additional targeted searching and the consideration of thousands of additional documents. Furthermore, the primary reference in the rejection below demonstrates that the prior art applicable to one embodiment is not similarly applicable to others.
It is noted that a species election requirement would still be proper even if all claims were drawn to generic features, because a complete search is not limited only to what is currently claims.
It is also noted that, should a generic claim be found allowable, any claims directed to a non-elected species may be rejoined and allowed so long as they depend from an allowable claim and/or include the allowable features.
The requirement is still deemed proper and is therefore made FINAL.
Applicant indicated claims 1-3, 5, 6, and 9-19 as being drawn to the elected embodiment. The Examiner agrees that claims 1-3, 5, 6, 9, and 11-19 are directed to the elected embodiment. Claim 10 includes a spacer to maintain a distance between adjacent spring tubes. Since the elected embodiment discloses that the adjacent spring tubes are in contact rather than spaced by spacers, claim 10 is withdrawn.
Claims 4, 7-8, 10, and 20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a non-elected species, there being no allowable generic or linking claim.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, 5-6, 9, and 11-19 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); 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 9.
Roady discloses a heat exchanger (Figs. 5, and 8) comprising: a plurality of spring tubes (34A, 34B, 34C, 34D) configured to transport working fluid therethrough to facilitate heat exchange between the working fluid and conditioning fluid passing over the plurality of spring tubes ([0044]), wherein one or more spring tubes of the plurality of spring tubes are wound in a geometric configuration (conical) around a geometric axis (vertical axis).
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:
at least one spring tube (34A, 34B, 34C, 34D) wound in a geometric configuration (conical) formed around a geometric axis (vertical axis); and
a passage (inside each of the tubes) through the at least one spring tube, 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 at least one spring tube ([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 5.
Roady discloses the HVAC system of claim 1, wherein the at least one spring tube is finless (finless tubes 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 11.
Roady discloses The heat exchanger of claim 9, wherein the plurality of spring tubes are finless (finless tubes shown in Fig. 5).
Regarding claim 12.
Roady discloses the heat exchanger of claim 9, wherein the plurality of spring tubes comprises a first spring tube (one of 34A, 34B, 34C, and 34D, e.g., 34A) and a second spring tube (another of 34A, 34B, 34C, and 34D, e.g., 34B), wherein the first and second spring tubes are configured to be capable of use within an HVAC system to transport the working fluids in opposite directions (the top of 34A can be one fluid inlet while the bottom of 34B can be another fluid inlet).
Regarding claim 13.
Roady discloses the heat exchanger of claim 9, wherein the plurality of spring tubes are configured such that they are capable of forming one or more stacked refrigeration circuits (one or more circuits can be formed through tubes 34A, 34B, 34C, and 34D).
Regarding claim 14.
Roady discloses the heat exchanger of claim 9, wherein the plurality of spring tubes is configured such that they are capable of forming one or more parallel refrigeration circuits (one or more parallel circuits can be formed through tubes 34A, 34B, 34C, and 34D).
Regarding claim 15.
Roady discloses the heat exchanger of claim 9, wherein the plurality of spring tubes comprises a first spring tube (e.g., 34A) and a second spring tube (e.g., 34B), wherein the first and second spring tubes are configured to be capable of use within an HVAC system to transport the working fluids in a same direction (the top of 34A can be one fluid inlet while the top of 34B can be another fluid inlet).
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 at least one spring tube of the heat exchanger is finless (finless tubes shown in Fig. 5).
Regarding claim 19.
Roady discloses the HVAC system of claim 16, comprising a spring tube axis of the at least one spring tube that is in a non-coaxial arrangement with the geometric axis and wherein radiuses of coils of the at least one spring tube vary relative to the spring tube axis along a length of the at least one 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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Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. JP 2015051378 A discloses (Fig. 2) a heat transfer tube wound in a coil, and said coil be wound in another coil.
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.
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, 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