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.
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: “fastening member” in claim 1.
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 § 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 mentions “a brazing material” wherein it is unclear if this is the same brazing material disclosed in parent claim 1 or if it is a different brazing material. For the purposes of examination, in claim 3, this limitation will be interpreted as “the brazing material” to establish antecedent basis to the brazing material claimed in parent claim 1.
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, 6 and 8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Choi et al. (herein Choi) (KR 20140077272, English translation appended). Regarding Claim 1:In the specification and drawings, Choi discloses a method for manufacturing a refrigerant flow path module (heat exchanger 11 and heat sink 30 receiving refrigerant see paragraph [0028]) including a first plate (33) and a second plate (34) stacked on each other (see Figure 9) and including a refrigerant flow path (33a, 34a) inside (33a, 34a are cooling water passages wherein cooling water is a known refrigerant R-718, see paragraph [0031]), the method comprising: arranging a brazing material (low melting point aluminum coating layer, see paragraph [0047]) between the first plate and the second plate (see paragraph [0048]); fastening the first plate (33) and the second plate (34) between which the brazing material is disposed with a fastening member (rivets 37 couple the plates 33 and 34 to one another, see paragraph [0045]); and heating the first plate (33) and the second plate (34) fastened by the fastening member in a furnace (see paragraphs [0047]-[0048]).Regarding Claim 6:In the specification and Figures 3-9, Choi discloses a refrigerant flow path module (battery cooling system 10 with heat exchanger 11 and heat sink 30 receiving refrigerant see paragraph [0028]) including a first plate (33) and a second plate (34) stacked on each other (see Figure 9) and including a refrigerant flow path (33a, 34a) inside (33a, 34a are cooling water passages wherein cooling water is a known refrigerant R-718, see paragraph [0031]), the refrigerant flow path module (11, 30) comprising: a brazed portion (low melting point aluminum coating layer, see paragraph [0047]) provided between the first plate and the second plate (see paragraph [0048]); and a fastening member (37) that fastens the first plate and the second plate (rivets 37 couple the plates 33 and 34 to one another, see paragraph [0045]).Regarding Claim 8:In the specification and Figures 1-9, Choi discloses and air conditioner (air conditioner system 20) comprising the refrigerant flow path module according to claim 6 (see Figure 3).
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.
Claims 2-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Choi et al. (herein Choi) (KR 20140077272, English translation appended).Regarding Claims 2-3:Choi is silent regarding the specific material used to form the fastening member.However, Choi clearly discloses that the first and second plates (33 and 34) comprise a low melting point aluminum coating layer (see paragraph [0047]) for brazing purposes wherein it is known that this low melting point aluminum would have a higher coefficient of thermal expansion. If the coefficient of thermal expansion of the fastening member (rivet 37) was higher than the coefficient of thermal expansion of the material (low melting point aluminum coating layer) of the first and second plates, the fastening member would melt in the furnace prior to the melting of the aluminum coating, thereby rendering the fastening member ineffective to hold the plates in position. Hence, inherently, one of ordinary skill would realize that the thermal expansion coefficient of a material of the fastening member would have to be smaller than a thermal expansion coefficient of a material of the first plate and the second plate since without this choice of materials, the fastening member would melt in the furnace during the brazing process and render it ineffective. Choi also does not specifically mention: a ratio of the thermal expansion coefficient of the material of the fastening member to the thermal expansion coefficient of the material of the first plate and the second plate is from 0.5 to 0.8.It would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to have chosen a material for the fastening member to have a coefficient of thermal expansion that was lower than the coefficient of thermal expansion of the material forming the first plate and the second plate (as also explained by inherency above), since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.It would also have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention, to have chosen the materials discussed above such that a ratio of the thermal expansion coefficient of the material of the fastening member to the thermal expansion coefficient of the material of the first plate and the second plate is from 0.5 to 0.8, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Claims 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Choi et al. (herein Choi) (KR 20140077272, English translation appended) in view of Wu et al. (herein Wu) (US 2018/0003448)
Choi fails to disclose that the fastening member has a screw groove. However, in claim 4, Wu discloses: “the first plate member (4), the second plate member (5) and the third plate member (6) are tightly pressed and fixedly connected through screws or rivets before brazing.” This indicates that screws are suitable replacements for Choi’s rivets prior to a brazing operation to join plates. Hence, based on Wu’s teachings, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to substitute Choi’s rivets with screw (as taught by Wu) since doing so would constitute a simple substitution that would yield predictable results such as providing a removable fastener (instead of a more permanent fastener such as Choi’s rivets) that could be more easily installed or uninstalled.After said modification was made, Choi’s brazing material would be capable of flowing into the screw threads of the added screws since there would be no means to separate the brazing material in a melted state from entering the screw threads within each screw as inserted into each of the insertion holes (33d, 34d) in each of the first and second plates (33, 34).
Claims 5 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Choi et al. (herein Choi) (KR 20140077272, English translation appended) in view of Mackenzie (US 2012/0317909).Regarding Claims 5 and 7:In the specification and drawings, Choi discloses the method, further comprising: forming an insertion hole (33d, 34d) into which the fastening member (37) is inserted in the first plate and the second plate (see paragraph [0045]).Choi fails to disclose the step of forming, in the first plate or the second plate, a groove or a hole that opens the insertion hole to an outer peripheral edge of the first plate or the second plate.However, in Figure 3, Mackenzie discloses a plate-like structure (20) with insertion holes (screw holes 82) that are connected to a groove (84) that opens these insertion holes (82) to an outer peripheral edge of the plate (as seen in Figure 3) in order to prevent retention of moisture within these insertion holes by allowing the groove to drain moisture from within these insertion holes (see paragraph [0035]). Hence, based on Mackenzie’s teachings, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified Choi’s insertion hole(s) (33d, 34d) in one of both of the first plate and the second plate (33 and/or 34) to be coupled to a groove formed in the first plate and/or the second plate to connect the insertion hole (s) (33d and/or 34d) to an outer peripheral edge of the first plate and or the second plate (for instance by adding the groove connected to the insertion hole as taught by Mackenzie), since doing so would ensure a flow path for draining moisture from the insertion hole to the outside, thereby preventing damage to the fastening members or plates via undesirable retention of moisture.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 20190033018 – Air conditioner with brazed stacked plates.JP 2014176892 – Refrigerant module with brazed stacked plates.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DOMINICK L PLAKKOOTTAM whose telephone number is (571)270-7571. The examiner can normally be reached Monday - Friday 12 pm -8 pm ET.
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/DOMINICK L PLAKKOOTTAM/Primary Examiner, Art Unit 3746
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