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 C Figures 3-5 and claims 1-9 and 13-20 in the reply filed on 02/13/2026 is acknowledged. The traversal is on the ground(s) that “It is respectfully submitted that the subject matter of each of the designated inventions is sufficiently related that a thorough search for the subject matter of each of the designated inventions would encompass a search for the subject matter of the remaining designated inventions. Thus, it is respectfully submitted that the search and examination of the entire application could be made without serious burden. See MPEP §803 in which it states that "if the search and examination of an entire application can be made without serious burden, the Examiner must examine it on the merits, even though it includes claims to distinct or independent inventions." It is respectfully submitted that this policy should apply in the present application in order to avoid unnecessary delay and expense to Applicant and duplicative examination by the U.S. Patent and Trademark Office”. This is not found persuasive because as stated in MPEP § 806.04(b), an election of species may be required even in the event that the species are related by a general inventive concept. Additionally, as stated in MPEP § 806.04(f) requirement for an election of species may be proper if the species are mutually exclusive, i.e. each of the claims directed to the different species recites characteristics not claimed in the claims directed in the species of the other species. Thus, the relation of the two inventions via common features does render an election of species requirement improper. The different species would impose a search burden for the reasons cited in the previous office action.
The requirement is still deemed proper and is therefore made FINAL.
Claims 8 and 14-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 02/13/2026.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 02/04/2026 was filed after the mailing date of the published application on 01/23/2025. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “wherein the first connection end tube is spaced apart from the first distribution end tube in the first direction are positioned at respective different distances from the first side” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION. —The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 3 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 3 recites the limitation "he first direction are positioned at respective different distances from the first side" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
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 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 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hamada et al (JP 2011052850 A, hereinafter Hamada).
Regarding claim 1, Hamada teaches an apparatus (hot water heating apparatus, abstract and figure 1) comprising: a compressor (compressor 1) that compresses refrigerant; a first heat exchanger (water-refrigerant heat exchanger 2) that is connected to the compressor (figure 1) through a refrigerant pipe (refrigeration cycle 6, figure 1) and exchanges heat between refrigerant and water (a water-refrigerant heat exchanger 2 that generates heat by exchanging heat between water and the high-temperature refrigerant, paragraph 0025); and a second heat exchanger (evaporator 4) that is connected to the compressor (figure 1) through the refrigerant pipe (figure 1) and includes a plurality of pipes exchanging heat between refrigerant and air (an evaporator 4 for exchanging heat between air and the refrigerant are sequentially connected in an annular manner by a refrigerant pipe 5, paragraph 0025), wherein the plurality of pipes (refrigerant pipes 42, figure 6) include: a first pipe (refrigerant pipe 42d) that is disposed lowest among the plurality of pipes (as shown on figure 6); and a plurality of second pipes (refrigerant pipe 42c) disposed above the first pipe (as shown on figure 6), and wherein a direction of refrigerant flow in the first pipe (as shown on figure 6) is opposite to a direction of refrigerant flow in the second pipes (as shown on figure 6).
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 non-obviousness.
Claims 2-6, 9 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Hamada et al (JP 2011052850 A, hereinafter Hamada) in view of Kim et al (EP 2618077 B1, hereinafter Kim).
Regarding claim 2, Hamada teaches the invention as described above but fail to teach wherein the second heat exchanger includes: a first distributor disposed in a first direction based on the plurality of pipes; a plurality of connection pipes connecting the first distributor and first ends of the plurality of pipes; a second distributor disposed in a second direction based on the plurality of pipes, the first direction differing from the second direction, and the first distributor being positioned closer to the compressor than the second distributor; and a plurality of distribution pipes connecting the second distributor and second ends the plurality of pipes, wherein the plurality of connection pipes includes a first connection pipe connected to the first pipe, wherein the plurality of distribution pipes includes a first distribution pipe connected to the first pipe, and wherein the first pipe includes: a first connection end tube connected to the first connection pipe; and a first distribution end tube connected to the first distribution pipe.
However, Kim teaches wherein the second heat exchanger (heat exchanger 140) includes: a first distributor (first distributor 147a) disposed in a first direction (left portion of heat exchanger 140, figure 2b) based on the plurality of pipes (pipes within heat exchanger 140, figure 2a); a plurality of connection pipes (pipes 146b) connecting the first distributor (first distributor 147a) and first ends of the plurality of pipes (outlet portion of pipes within heat exchanger 140, figure 2a/2b); a second distributor (pipe 141a) disposed in a second direction (right portion of heat exchanger 140, figure 2b) based on the plurality of pipes (pipes within heat exchanger 140, figure 2a), the first direction (figure 2b) differing from the second direction (figure 2b), and the first distributor (first distributor 147a) being positioned closer to the compressor (via pipe 166, figures 1 and 2a) than the second distributor (pipe 141a); and a plurality of distribution pipes (pipes 142b) connecting the second distributor (pipe 141a) and second ends the plurality of pipes (inlet portion of pipes within heat exchanger 140, figure 2a), wherein the plurality of connection pipes (pipes 146b) includes a first connection pipe (lower connection pipe 146b, figure 2b) connected to the first pipe (to the first lower pipe within heat exchanger 140, figure 2b), wherein the plurality of distribution pipes (pipes 142b) includes a first distribution pipe (lower distribution pipe 142b, figure 2b) connected to the first pipe (figure 2b), and wherein the first pipe (lowest pipe within heat exchanger 140, figure 2b) includes: a first connection end tube (tube portion where pipe 146b is inserted in, as shown on figure 2b) connected to the first connection pipe (pipes 146b, figure 2b); and a first distribution end tube (end tube where pipe 142b is inserted to, figure 2b) connected to the first distribution pipe (lower distribution pipe 142b, figure 2b).
Therefore, it would have been obvious to a person skilled in the art before the effective filing date of the invention to modify the apparatus in the teachings of Hamada to include wherein the second heat exchanger includes: a first distributor disposed in a first direction based on the plurality of pipes; a plurality of connection pipes connecting the first distributor and first ends of the plurality of pipes; a second distributor disposed in a second direction based on the plurality of pipes, the first direction differing from the second direction, and the first distributor being positioned closer to the compressor than the second distributor; and a plurality of distribution pipes connecting the second distributor and second ends the plurality of pipes, wherein the plurality of connection pipes includes a first connection pipe connected to the first pipe, wherein the plurality of distribution pipes includes a first distribution pipe connected to the first pipe, and wherein the first pipe includes: a first connection end tube connected to the first connection pipe; and a first distribution end tube connected to the first distribution pipe in view of the teachings of Kim in order to yield the predictable result of providing a heat exchanger in which the which the passage of a refrigerant is alternated in a heat exchange unit.
Regarding claim 3, the combined teachings teach wherein the first connection end tube (tube portion where pipe 146b is inserted in, as shown on figure 2b of Kim) is spaced apart from the first distribution end tube (spaced apart from the end tube where pipe 142b is inserted to, figure 2b of Kim) in the first direction (left portion of heat exchanger 140, figure 2b of Kim) are positioned at respective different distances from the first side (positioned at a distance away from each other, figure 2b of Kim).
Regarding claim 4, the combined teachings teach wherein the first distribution end tube (end tube where pipe 142b is inserted to, figure 2b of Kim) is spaced apart from the first connection end tube (tube portion where pipe 146b is inserted in, as shown on figure 2b of Kim) in the second direction (right portion of heat exchanger 140, figure 2b of Kim).
Regarding claim 5, the combined teachings teach wherein the plurality of connection pipes (pipe 146b of Kim) includes a plurality of second connection pipes (upper pipes 146b, figure 2b of Kim) connected to the plurality of second pipes (second rows of pipes within heat exchanger 140, figure 2a of Kim), wherein the plurality of distribution pipes (pipes 142b of Kim) includes a plurality of second distribution pipes (upper set of pipes 142b, as shown on figure 2b of Kim) connected to the plurality of second pipes (second rows of pipes within heat exchanger 140, figure 2a of Kim), wherein the plurality of second pipes (second rows of pipes within heat exchanger 140, figure 2a of Kim) include second connection end tubes (upper set of tubes within heat exchanger 140, figure 2b of Kim) connected to the plurality of second connection pipes (connected to the upper set of pipes 146b, figure 2b of Kim); and second distribution end tubes (upper set of tubes, figure 2b of Kim) connected to the second distribution pipes (connected to upper set of pipes 142b, figure 2b of Kim), and wherein the second connection end tubes (upper set of tubes within heat exchanger 140, figure 2b of Kim) are is spaced apart (as shown on figure 2b of Kim) from the second distribution end tubes (upper set of tubes, figure 2b of Kim) in the second direction (right portion of heat exchanger 140, figure 2b of Kim).
Regarding claim 6, the combined teachings teach wherein the second heat exchanger (evaporator 4 of Hamada) includes: a fan (blower fan 7 of Hamada) that forms an airflow through the plurality of pipes (a blower fan 7 for sending air to the evaporator 4, paragraph 0025 of Hamada), wherein the airflow flows from the first direction to the second direction (left to right, as shown on figure 6 of Hamada).
Regarding claim 9, the combined teachings teach wherein the plurality of connection pipes (pipe 146b of Kim) includes a plurality of second connection pipes (upper pipes 146b, figure 2b of Kim) connected to the plurality of second pipes (second rows of pipes within heat exchanger 140, figure 2a of Kim), wherein the plurality of distribution pipes (pipes 142b of Kim) includes a plurality of second distribution pipes (upper set of pipes 142b, as shown on figure 2b of Kim) connected to the plurality of second pipes (second rows of pipes within heat exchanger 140, figure 2a of Kim), wherein the plurality of second pipes (second rows of pipes within heat exchanger 140, figure 2a of Kim) include: second connection end tubes (upper set of tubes within heat exchanger 140, figure 2b of Kim) connected to the plurality of second connection pipes (connected to the upper set of pipes 146b, figure 2b of Kim); and second distribution end tubes (upper set of tubes, figure 2b of Kim) connected to the second distribution pipes (connected to upper set of pipes 142b, figure 2b of Kim), wherein the second distribution end tubes (upper set of tubes, figure 2b of Kim of Kim) and the first connection end tube (tube portion where pipe 146b is inserted in, as shown on figure 2b of Kim) are located on a first row (left portion of heat exchanger 140, as shown on figure 2b of Kim), and the second connection end tubes (upper set of tubes within heat exchanger 140, figure 2b of Kim) and the first distribution end tube (end tube where pipe 142b is inserted to, figure 2b of Kim) are located on the second row (right portion of heat exchanger 140, as shown on figure 2b of Kim), the second row being spaced apart from the first row in the second direction (as shown on figure 2b of Kim).
Regarding claim 13, the combined teachings teach all the limitations of claim 13. See rejections of claims 1 and 2.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Hamada et al (JP 2011052850 A, hereinafter Hamada) in view of Suhara (JP 2014215017 A, hereinafter Suhara).
Regarding claim 7, Hamada teaches the invention as described above but fail to teach wherein the second heat exchanger includes: a case that accommodates the plurality of pipes and has an inlet through which air flows into the case, and wherein the first pipe is spaced upward from a bottom of a periphery of the inlet.
However, Suhara teaches wherein the second heat exchanger (heat exchanger 32) includes: a case (casing 22) that accommodates the plurality of pipes (heat transfer tubes 71) and has an inlet (as shown on figure 5) through which air flows into the case (as shown on figure 5), and wherein the first pipe (lowest heat transfer tube on heat exchanger 32, figure 5) is spaced upward from a bottom of a periphery of the inlet (as shown on figure 5).
Therefore, it would have been obvious to a person skilled in the art before the effective filing date of the invention to modify the apparatus in the teachings of Hamada to include wherein the second heat exchanger includes: a case that accommodates the plurality of pipes and has an inlet through which air flows into the case, and wherein the first pipe is spaced upward from a bottom of a periphery of the inlet in view of the teachings of Kim in order to yield the predictable result of providing an air conditioner indoor unit capable of obtaining a heating capability and a cooling capability.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DARIO DELEON whose telephone number is (571)272-8687. The examiner can normally be reached Monday-Friday 9:00am-5:00pm.
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/DARIO ANTONIO DELEON/Examiner, Art Unit 3763
/JERRY-DARYL FLETCHER/Supervisory Patent Examiner, Art Unit 3763