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 Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 16 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
As to claim 16, the recited limitation “the reinforcement plate forming two flow paths through which the medium flows therethrough” does not reasonably convey to one skilled in the relevant art that the inventor had possession of the claimed invention. Examiner could not find in the specification that two flow paths are formed by a reinforcement plate. In an effort to expedite prosecution, the broadest reasonable interpretation is applied. Examiner interprets the limitation as “the two baffles forming two flow paths through which the medium flows therethrough” as this is supported by the specification.
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) 1-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jae-Heon (CN 100455969), and further in view of Lee (KR 2007/0051506).
Regarding claim 1, Jae-Heon teaches a heat exchanger, for a motor vehicle, comprising (Fig. 2, page 1, paragraph 1, “present invention relates to an evaporator for an air conditioner of a vehicle” ; additionally, the intended use in the preamble does not result in a structural difference, please see MPEP 2111.02(II)):
a plurality of tubes (200, Fig. 2, page 2, paragraph 7, “plurality of tubes”); and
at least one collector (100, Fig. 2, page 2, paragraph 7, “water collecting tube unit”; 101, 102, Fig. 2, page 3, paragraph 17, “water collecting pipe units”; front and back halves of 101 and front and back halves of 102 are broadly interpreted to be separate collectors as the flow from the tubes is different between the front half and the back half),
wherein corrugated fins are placed between the tubes (400, Fig. 2, page 2, paragraph 7, “folded fins are arranged between adjacent tubes”),
wherein the at least one collector is connected to the plurality of tubes for fluid exchange (100, 101, 102, and 200, Fig. 2, page 2, paragraph 7, “pipes are connected to the upper and lower water collecting pipes units”),
wherein the at least one collector has a plurality of baffles (130, page 3, paragraph 18, “water collecting pipe unit 100 includes… a baffle 130”; 131 and 132, Fig. 2, page 4, paragraph 13, “baffle 130 includes more than at least one intermediate baffle 131 and a pair of end baffles 132”),
Jae-Heon does not teach wherein the at least one collector has a plurality of reinforcement plates;
wherein the plurality of baffles and the plurality of reinforcement plates are alternately disposed and parallel to each other, and;
wherein each of the plurality of reinforcement plates has at least one hole.
wherein the plurality of baffles and the plurality of reinforcement plates are alternately disposed at intervals equal to a width of two of the plurality of tubes.
However, Lee teaches the at least one collector (36 and 38, Fig. 3, page 2, paragraph 13) has a plurality of reinforcement plates (46, Fig. 3, page 2, paragraph 14); wherein a baffle (44, Fig. 3, page 2, paragraph 13) and the plurality of reinforcement plates are alternately disposed (Fig. 3) and parallel to each other (Fig. 2, 46 and 44 are shown parallel to each other); wherein each of the plurality of reinforcement plates has at least one hole (46a, Fig. 5). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the collectors of Jae-Heon to use the reinforcement plate of Lee in order to further reinforce the collectors (Lee: abstract) and minimize deformation of the collector (Lee: page 3, paragraph 13).
Moreover, adjusting the width of the tubes such that the plurality of baffles and the plurality of reinforcement plates are alternatively disposed at intervals equal to a width of two of the plurality of tubes would not affect the operation of the device. Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adjust the width of the tubes such that the plurality of baffles and the plurality of reinforcement plates are alternatively disposed at intervals equal to a width of two of the plurality of tubes. Because such width adjustment would not have modified the device function, the modification of the tube width would be a design choice (See Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984)).
Regarding claim 2, modified Jae-Heon teaches there is at least one tube between the one of the plurality of baffles and one of the plurality of reinforcement plates (Lee: Fig. 3).
Regarding claim 3, modified Jae-Heon teaches the heat exchanger has a length, wherein there is a reinforcement plate in front of and/or behind one of the plurality of baffles along the length of the heat exchanger (Lee: Fig. 3).
Regarding claim 4, modified Jae-Heon teaches the heat exchanger has at least two flow paths (Jae-Heon: Fig. 16, flowing through two different tubes is flowing through two different flow paths).
Regarding claim 5, modified Jae-Heon teaches the at least one collector has a collector plate (Jae-Heon: 110, Fig. 2, page 3, paragraph 18, “water collecting tube unit 100 includes a box-shaped member 110”) with passages (Jae-Heon: inlet and outlet passages inside of 110, Fig. 2), wherein the tubes open into the passages (Jae-Heon: Fig. 2, page 2, paragraph 7, “pipes are connected to the upper and lower water collecting pipe units”; Fig. 16 indicates flow from the tubes to the water collecting unit; therefore, tubes are open into the passages).
Regarding claim 6, modified Jae-Heon teaches the at least one reinforcement plate is connected to two passages (Lee: 46 is fluidly connected to the inlet passage and the outlet passage by being in the same heat exchanger).
Regarding claim 7, modified Jae-Heon teaches a first medium (Jae-Heon: page 7, paragraph 2, “refrigerant”) flows through the tubes (Jae-Heon: Fig. 16, page 7, paragraph 2, “refrigerant flows downward along the front side tube”) and at least one collector (Jae-Heon: Fig. 16, page 7, paragraph 2, “refrigerant flows to the left space in the front middle portion of the water collecting pipe unit”), wherein the direction in which the first medium flows is reversed by a first baffle of the plurality of baffles (Jae-Heon: 131, See annotated figure below, refrigerant flow direction changed from down to up because of intermediate baffle 131).
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Regarding claim 8, modified Jae-Heon teaches the first medium flows through the at least one hole in the plurality of reinforcement plates (Lee: Fig. 3) .
Regarding claim 9, modified Jae-Heon teaches the heat exchanger contains at least one row of tubes (Jae-Heon: Fig. 2).
Regarding claim 10, modified Jae-Heon teaches the heat exchanger contains a metallic substance (page 2, paragraph 7, “pipes are… formed of aluminum materials”).
Regarding claim 11, modified Jae-Heon teaches the plurality of baffles and plurality of reinforcement plates are bonded and/or force-fit to the at least one collector (Jae-Heon, 131, page 6, paragraph 13, “intermediate baffle is engaged with the spacer 140 and the cut groove” and page 6, paragraph 14, “apply brazing cladding material on both sides of… the intermediate baffle, the end baffle”; 132, page 7, paragraph 9, “upper and lower header pipes 101 and 102 are sealed with an end stop 132”).
Regarding claim 12, modified Jae-Heon teaches the heat exchanger for a refrigerant circuit or coolant circuit in a motor vehicle according to claim 1 (Jae-Heon, page 1, paragraph 1, “present invention relates to an evaporator for an air conditioner of a vehicle”).
Regarding claim 13, modified Jae-Heon teaches a baffle of the plurality of baffles is spaced from an adjacent reinforcement plate of the plurality of reinforcement plates (Lee: Fig. 3).
Regarding claim 14, modified Jae-Heon teaches the at least one collector comprises only an intake line or only a discharge line (Jae-Heon: Fig. 2, front 101 collector has only an intake line).
Regarding claim 15, Jae-Heon teaches a heat exchanger, for a motor vehicle (page 1, paragraph 1, “present invention relates to an evaporator for an air conditioner of a vehicle”; additionally, the intended use in the preamble does not result in a structural difference, please see MPEP 2111.02(II)), comprising:
a first collector (101, Fig. 2, page 3, paragraph 17, “water collecting tube units”) comprising an intake line (151, page 4, paragraph 15, “fluid inlet tube”; paragraph 41, “upper and lower water collecting tube units 101 and 102 each having an input tube 151 and an output tube 152”) for a first medium (page 7, paragraph 3, “refrigerant”);
a second collector (102, Fig. 2, page 3, paragraph 17, “water collecting tube units”) comprising a discharge line (151, page 4, paragraph 15, “fluid outlet tube”; paragraph 41, “upper and lower water collecting tube units 101 and 102 each having an input tube 151 and an output tube 152”) for the first medium;
a plurality of tubes disposed between the first collector and the second collector for fluid exchange (200, Fig. 2, page 3, paragraph 17, “tubes 200 connected to the water collecting tube unit”);
a plurality of corrugated fins (400, Fig. 2) connected to the plurality of tubes (page 2, paragraph 7, “folded fins are arranged between adjacent tubes”) and configured to allow a second medium to flow therethrough (page 2, paragraph 7, “folded fins are arranged between adjacent tubes to increase the heat transfer area of the air passing through the tubes”);
wherein the first collector comprises a plurality of baffles (130, page 3, paragraph 18, “water collecting pipe unit 100 includes… a baffle 130”; 131 and 132 (absent any through holes), Fig. 2, page 4, paragraph 13, “baffle 130 includes more than at least one intermediate baffle 131 and a pair of end baffles 132”) and a reinforcement plate (132 (with two through holes), Fig. 2-3 and 8);
wherein the plurality of baffles and the reinforcement plate are spaced from each other (Fig. 2);
wherein the reinforcement plate has two holes (133, Fig. 8) extending through the respective reinforcement plate in a direction parallel to a direction of which the first collector extends (Fig. 2-3);
wherein a direction of flow of the first medium is reversed twice by the plurality of baffles (See annotated Fig. 16 below) and through the two holes (133) of the reinforcement plate to result in two flow paths of the first medium (in one flow path, the first medium enters the first collector flows through the inlet hole, through one set of tubes, and exits the first collector through the outlet hole; in another flow path, the first medium enters the first collector flows through the inlet hole, through another set of tubes, and exits the first collector through the outlet hole; both flow paths are through the two holes of the reinforcement plates and within the first collector) within the first collector (101);
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wherein the first medium and the second medium transfer heat through the plurality of tubes (page 7, paragraph 7, “the heat distribution of the refrigerant flowing through the front tube 210 and the rear tube 220 is different, the cooling effect is improved”) and the plurality of corrugated fins (page 2, paragraph 7, “folded fins are arranged between adjacent tubes to increase the heat transfer area of the air passing through the tubes”).
Jae-Heon does not teach wherein at least one of the first collector or the second collector comprises more than one reinforcement plate,
wherein the plurality of baffles and the plurality of reinforcement plates are alternately disposed at intervals equal to a width of two of the plurality of tubes.
However, Lee teaches wherein at least one of the first collector or the second collector (36 and 38, Fig. 3, page 2, paragraph 13) comprises a plurality of reinforcement plates (46, Fig. 3, page 2, paragraph 14), wherein a baffle (44, Fig. 3, page 2, paragraph 13) and the plurality of reinforcement plates are alternately disposed (Fig. 3) and spaced from each other (Fig. 3). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the collectors of Jae-Heon to use a plurality of reinforcement plates and their positioning at intervals as described in Lee in order to further reinforce the collectors (Lee: abstract) and minimize deformation of the collector (Lee: page 3, paragraph 13).
Moreover, adjusting the width of the tubes such that the plurality of baffles and the plurality of reinforcement plates are alternatively disposed at intervals equal to a width of two of the plurality of tubes would not affect the operation of the device. Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adjust the width of the tubes such that the plurality of baffles and the plurality of reinforcement plates are alternatively disposed at intervals equal to a width of two of the plurality of tubes. Because such width adjustment would not have modified the device function, the modification of the tube width would be a design choice (See Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984)).
Regarding claim 16, Jae-Heon teaches a heat exchanger, for a motor vehicle (paragraph 1, “present invention relates to an evaporator for an air conditioner of a vehicle”; additionally, the intended use in the preamble does not result in a structural difference, please see MPEP 2111.02(II)), comprising:
a plurality of tubes (200, Fig. 2, page 2, paragraph 7, “plurality of tubes”); and
at least one collector (101, Fig. 2, page 3, paragraph 17, “water collecting pipe units”) configured to allow a medium to flow therein (page 7, paragraph 3, “refrigerant moves to the front right space of the upper header unit 101”);
wherein corrugated fins are placed between the tubes (400, Fig. 2, page 2, paragraph 7, “folded fins are arranged between adjacent tubes”);
wherein the at least one collector is connected to the plurality of tubes for fluid exchange (101 and 200, Fig. 2, page 2, paragraph 7, “pipes are connected to the upper and lower water collecting pipes units”);
wherein the at least one collector comprises two baffles (130, page 3, paragraph 18, “water collecting pipe unit 100 includes… a baffle 130”; 131 and 132, Fig. 2, page 4, paragraph 13, “baffle 130 includes more than at least one intermediate baffle 131 and a pair of end baffles 132”) and a reinforcement plate (132 (with two through holes), Fig. 2-3 and 8), the reinforcement plate and the two baffles being parallel to each other (Fig. 2);
wherein the reinforcement plate comprises two holes extending a direction parallel to a length direction of the at least one connector (Fig. 8, page 4, paragraph 14), the two baffles forming two flow paths through which the medium flows therethrough (Fig. 16; after the change in direction by the two baffles, the medium flowing through two different tubes is flowing through two different flow paths);
wherein a direction of flow of the medium is reversed twice by the two baffles when the medium flows in the at least one collector (See annotated Fig. 16 below).
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Jae-Heon does not teach wherein the reinforcement plate is between the two baffles, and wherein the reinforcement plate is spaced from the two baffles at a distance equal to a width of two of the plurality of tubes.
However, Lee teaches wherein the at least one collector (36 and 38, Fig. 3, page 2, paragraph 13) comprises a reinforcement plate (46, Fig. 3, page 2, paragraph 14) in the middle of the collector (Fig. 3). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the collectors of Jae-Heon to use the reinforcement plates of Lee, along with their placement, in order to further reinforce the collectors (Lee: abstract) and minimize deformation (Lee: page 3, paragraph 13). As a result, in view of Jae-Heon including the teachings of Lee to include the reinforcement plates in the collectors at intervals shown in Fig. 3 of Lee, such that the combination necessarily yields “wherein the collector comprises two baffles and a reinforcement plate between the two baffles.”
In addition, adjusting the width of the tubes such that the reinforcement plate is spaced from the two baffles at a distance equal to a width of two of the plurality of tubes would not affect the operation of the device. Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adjust the width of the tubes that the reinforcement plate is spaced from the two baffles at a distance equal to a width of two of the plurality of tubes. Because such width adjustment would not have modified the device function, the modification of the tube width would be a design choice (See Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984)).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 and 15 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
It will be noted the prior art being relied upon is the same prior art relied upon in the previous rejection. While the arguments presented by the Applicant in the reply filed 5 May, 2026 are directed to newly presented claim limitations, a new interpretation of the prior art teaches the requirements of the claimed inventions.
Regarding claims 1 and 15, the combination of Jae-Heon and Lee for claim 1 teaches a collector having baffles and reinforcement plates alternatively disposed and parallel to each other. Additionally, because there is no criticality present for the distance between the baffles and reinforcement plates to be equal to a width of two of the plurality of tubes, Gardner v. TEC Syst is being relied upon for obviousness by proportional adjustment of the tubes to achieve the claimed interval.
Additionally, for claim 15, Jae-Heon teaches a collector comprising a reinforcement plate having two holes extending through the respective reinforcement plate in a direction parallel to a direction of which the first collector extends, wherein a direction of flow of the first medium is reversed twice by the plurality of baffles and through the two holes of the reinforcement plate to result in two flow paths of the first medium. Lee is being relied upon to include a plurality of the reinforcement plates of Jae-Heon arranged at intervals throughout the collector to reinforce the collector.
Jae-Heon also teaches the medium is reversed twice within the collector, and two flow paths are present in the collector as the first medium moves through different tubes, each being a different flow path in light of the specification (page 5, lines 23-24), reverses direction by the baffles, and flows back into the collector. The collector therefore has different flow paths present.
In response to applicant's argument that if the collectors 101 and 102 of Jae-Hoen were modified to include the reinforcement plate 46 of Lee, the singular hole 46a of the reinforcement plate 46 would be at least partially blocked by the spacer member 140. Thus, the circulation of a medium within the collectors 101 and 102 would be impeded which frustrates the purpose of including a reinforcement plate 46 with a hole 46a in the collectors 101 and 102, the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981).
Conclusion
Applicant’s arguments with respect to claim(s) 1 and 16 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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
/JENNA M MARONEY/Primary Examiner, Art Unit 3763
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