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 claims 1-20 in the reply filed on 03/11/2026 is acknowledged. The traversal is on the ground(s) that the alleged groups substantially overlap in scope and as a result would not impose a serious burden to search and examine both groups. This is not found persuasive because the steps of method of manufacturing a heat exchanger tube as claimed is broad and is applicable to folding to form a shelf, folding a sheet of paper, or forming a cardboard flute; as a result, the claimed method is able to support separate patents from the claimed product, which involves a heat exchanger tube.
Additionally, the product claims in Group II can be made by a materially different method from the method claims. Many products that could anticipate the claimed product could be made by materially different methods. As a result, searching for the claimed product would not reasonably result in the claimed method.
Because of these reasons, the subject matter of the claimed method and the claimed product, would impose a serious search and examination burden on the examiner.
The requirement is still deemed proper and is therefore made FINAL.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 08/22/2024 was filed on the mailing date of the instant application on 08/22/2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
(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.
Claim(s) 9-13 and 16-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yin (US 2016/109156).
Regarding claim 9, Yin teaches a heat exchanger tube (220, Fig. 4, Fig. 7, [0030], [0039]) comprising:
an inner wall (210 and 215, Fig. 7, [0039]); and
an outer wall surrounding the inner wall (220, Fig. 7, [0039]),
wherein the inner wall and the outer wall comprise a single sheet of material folded onto itself and forming a folded sheet of material, wherein the inner wall and the outer wall comprise a first plurality of ridges on a proximal end of the folded sheet and a second plurality of ridges on a distal end of the folded sheet (See MPEP 2113(I), product-by-process claims are not limited to the manipulations of the recited steps, only the structure implied by the steps), and
wherein the inner wall and the outer wall are folded to form (See MPEP 2113(I) as stated above) a top surface (See annotated Fig. 7 below), a bottom surface (See annotated Fig. 7 below), and side walls of the heat exchanger tube (See annotated Fig. 7 below), and wherein the first plurality of ridges and the second plurality of ridges are folded such that (See MPEP 2113(I) as stated above) the first plurality of ridges and the second plurality of ridges are disposed between the top surface and the bottom surface (See annotated Fig. 7 below) and form flow channels in the heat exchanger tube ([0029]).
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Regarding claim 10, Yin teaches a proximal end of the first plurality of ridges and a distal end of the second plurality of ridges are attached to each other (See annotated Fig. 7 below).
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Regarding claim 11, Yin teaches the proximal end of the first plurality of ridges and the distal end of the second plurality of ridges are welded to each other (See MPEP 2113(I), product-by-process claims are not limited to the manipulations of the recited steps, only the structure implied by the steps; in this case, if there is a connection between the ends, any process forming the connection would anticipate the claim).
Regarding claim 12, Yin teaches the first plurality of ridges and the second plurality of ridges are configured to receive a refrigerant ([0029]).
Regarding claim 13, Yin teaches the heat exchanger tube is configured to be disposed inside a water tank (Fig. 1, Fig. 4, [0030]).
Regarding claim 16, Yin teaches a water heater (100, Fig. 1, [0022]) comprising:
a water tank (105, Fig. 1, [0022]) configured to store water ([0022]); and
a heat exchanger (110, Fig. 1, [0023], [0024]) configured to receive a refrigerant ([0023]) and transfer heat from the refrigerant to the water stored in the water tank ([0024]),
wherein the heat exchanger comprises a heat exchanger tube (220, Fig. 4, Fig. 7, [0030], [0039]), and wherein the heat exchanger tube comprises:
an inner wall (210 and 215, Fig. 7, [0039]); and
an outer wall surrounding the inner wall (220, Fig. 7, [0039]),
wherein the inner wall and the outer wall comprise a single sheet of material folded onto itself and forming a folded sheet of material, wherein the inner wall and the outer wall comprise a first plurality of ridges on a proximal end of the folded sheet and a second plurality of ridges on a distal end of the folded sheet (See MPEP 2113(I), product-by-process claims are not limited to the manipulations of the recited steps, only the structure implied by the steps), and
wherein the inner wall and the outer wall are folded to form (See MPEP 2113(I) as stated above) a top surface (See annotated Fig. 7 below), a bottom surface (See annotated Fig. 7 below), and side walls of the heat exchanger tube (See annotated Fig. 7 below), and wherein the first plurality of ridges and the second plurality of ridges are folded such that (See MPEP 2113(I) as stated above) the first plurality of ridges and the second plurality of ridges are disposed between the top surface and the bottom surface (See annotated Fig. 7 below) and form flow channels in the heat exchanger tube ([0029]).
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Regarding claim 17, Yin teaches a proximal end of the first plurality of ridges and a distal end of the second plurality of ridges are attached to each other (See annotated Fig. 7 below).
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Regarding claim 18, Yin teaches the first plurality of ridges and the first plurality of ridges are configured to receive the refrigerant ([0029]).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 14, 15, 19, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yin (US 2016/109156).
Regarding claim 14, Yin does not teach the heat exchanger tube is cuboidal shaped, and wherein each of the top surface and the bottom surface is flattened.
However, changing the shape of the heat exchanger tube would not have modified the operation of the device.
Therefore, the shape of the heat exchanger tube is a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the modification is significant. (See reDailey, 357 F.2d 669, 149 USPQ 47)
Regarding claim 15, Cho does not teach each of the first plurality of ridges and the second plurality of ridges is a frustoconical cross-section in shape.
However, changing the shape of the plurality of ridges would not have modified the operation of the device.
Therefore, the shape of the plurality of ridges is a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the modification is significant. (See reDailey, 357 F.2d 669, 149 USPQ 47)
Regarding claim 19, Yin does not teach the heat exchanger tube is cuboidal shaped, and wherein each of the top surface and the bottom surface is flattened.
However, changing the shape of the heat exchanger tube would not have modified the operation of the device.
Therefore, the shape of the heat exchanger tube is a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the modification is significant. (See reDailey, 357 F.2d 669, 149 USPQ 47)
Regarding claim 20, Yin does not teach each of the first plurality of ridges and the second plurality of ridges is a frustoconical cross-section in shape.
However, changing the shape of the plurality of ridges would not have modified the operation of the device.
Therefore, the shape of the plurality of ridges is a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the modification is significant. (See reDailey, 357 F.2d 669, 149 USPQ 47)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to An Bach Phan whose telephone number is (571)272-7244. The examiner can normally be reached M-F, 7-3 ET.
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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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/A.B.P./Examiner, Art Unit 3763
/LEN TRAN/Supervisory Patent Examiner, Art Unit 3763
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