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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on August 20, 2024 was filed after the mailing date of the instant application on August 20, 2024. The submission is in compliance with the provisions of 37 CFR 1.97. Therefore, the information disclosure statement is being considered by the examiner.
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, 3, 7, and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Iwasaki (JP 2010/121604).
Regarding claim 1, Iwasaki teaches a heat exchanger ([0020]),
wherein a plurality of tubes (13, Fig. 3, [0033], 15, Fig. 7, [0033]) are disposed in two columns front and back and after to form a tube column (See annotated figure below), and a tube column of the front (5, 7, [0033], [0040]), which is an introduction direction of cooling air (See annotated figure below), is formed as a front core (5, 7, [0033], [0040]), and a tube column of the back (11, [0033], [0040]), which is a discharge direction of the cooling air (See annotated figure below), is formed as a back core (11, [0033], [0040]),
wherein an upper portion of the front core forms a first heat exchanging part (5, [0033], [0040]) in which a heat exchanger medium circulates, a lower portion of the front core forms a second heat exchanging part (7, [0033], [0040]) in which the heat exchange medium circulates, and the back core forms a third heat exchanging part (11, [0033], [0040]) in which the heat exchange medium circulates,
wherein a first header tank (25, 29, Fig. 7, [0033]) is connected to both ends of the first heat exchanging part, a second header tank (59, 61, Fig. 7, [0038]) is connected to both ends of the second heat exchanging part, and a third header tank (27, 31, Fig. 6, [0033]) is connected to both ends of the third heat exchanging part, and
wherein in the first header tank, the second header tank, and the third header tank, one side of the first header tank is formed to have a larger length protruding from a heat exchanger in a longitudinal direction than the third header tank ([0017]),
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wherein the first header tank, the second header tank, and the third header tank each has inlet and outlet ports for introduction and discharge of the heat exchange medium (39, 41, 43, 45, 47, 49, [0037], 51, 53 [0040]), an outlet port (53, Fig. 7, [0040]) and an inlet port (51, Fig. 7, [0040]) of the first header tank are formed on the first header tank connected to one end of the first heat exchanging part (See annotated figure below), and an outlet port (47, Fig: 7, [0044]) and an inlet port (49, Fig: 7, [0044]) of the third header tank are each formed on the third header tank connected to both ends of the third heat exchanging part (See annotated figure below), and
wherein the first header tank inlet and outlet ports and the third header tank inlet and outlet ports extend rearward ([0053]), and
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wherein an avoidance part is formed in the third header tank (113, Fig. 10, [0058]).
Iwasaki does not teach that the avoidance part is concave in the longitudinal direction.
However, Iwasaki teaches that the slope portion is provided to avoid pipe 47 interference with pipe 39 (113, Fig. 10, [0058])
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 slope 113 to be concave when preferable (i.e. when pipe 39 is needed to be larger for additional cooling water flow) to avoid pipe interference.
Regarding claim 3, Iwasaki does not teach the first header tank outlet port is disposed at an upper side of the first header tank connected to one end of the first heat exchanging part, and the first header tank inlet port is disposed at a lower side of the first header tank connected to the one end of the first heat exchanging part.
However, shifting the position of the ports without changing the connections and cooling water flow sequence would not have modified operation of the heat exchanger (See reJapikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950)).
Therefore, it would have been obvious to one of ordinary skill in the art to place the outlet port at an upper side and the inlet port at a lower side since it would have been a design choice.
Regarding claim 7, Iwasaki teaches the first header tank inlet port and outlet port are not interfered with the third header tank by the avoidance part (113, Fig. 10, [0058]).
Regarding claim 9, Iwasaki teaches the front core has an upper portion configured as a low-temperature radiator (5, [0033], [0040]) and a lower portion configured as a condenser having a subcool area (7, [0033], [0040]), and the back core is configured as a high-temperature radiator (11, [0033], [0040]).
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Iwasaki (JP 2010/121604) and Aki (US 6397627).
Regarding claim 10, Iwasaki does not teach the condenser having the subcool area constituting the lower portion of the front core is connected to a separate sub heat exchanger including a condenser having a condensation area and a receiver dryer.
However, Aki teaches a condenser having a receiving unit for separating refrigerant from the condensing member into gas refrigerant and liquid refrigerant (14).
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 condenser to connect to the condenser of Aki having the receiving unit to prevent cooling performance of liquid refrigerant from being decreased due to passing high-temperature air (Aki: 10).
Claim(s) 1, 2, 4, 5, and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Iwasaki (JP 2008/057950) and Iwasaki (JP 2010/121604).
Regarding claim 1, Iwasaki (JP 2008/057950) teaches a heat exchanger ([0001]),
wherein a plurality of tubes (2d, [0021], 3d, [0023], 5d [0027]) are disposed in two columns front and back and after to form a tube column, and a tube column of the front (3c, [0023], 5c, [0027]) is formed as a front core (3c, [0023], 5c, [0027]), and a tube column of the back (2c, [0021]) is formed as a back core (2c, [0021]),
wherein an upper portion of the front core forms a first heat exchanging part (3c, [0023]) in which a heat exchanger medium circulates, a lower portion of the front core forms a second heat exchanging part (5c, [0027]) in which the heat exchange medium circulates, and the back core forms a third heat exchanging part (2c, [0021]) in which the heat exchange medium circulates,
wherein a first header tank (3a, 3b, [0023]) is connected to both ends of the first heat exchanging part, a second header tank (5a, 5b, [0027]) is connected to both ends of the second heat exchanging part, and a third header tank (2a, 2b, [0021]) is connected to both ends of the third heat exchanging part,
wherein the first header tank, the second header tank, and the third header tank each has inlet and outlet ports for introduction and discharge of the heat exchange medium (2f, 2g, [0022], 3f, [0025], 4a, 4b, [0024], [0026], 5n, 5o, [0028]), an outlet port (4b, [0026]) and an inlet port (4a, [0026]) of the first header tank are formed on the first header tank connected to one end of the first heat exchanging part, and an outlet port (2f, [0022]) and an inlet port (2g, [0022]) of the third header tank are each formed on the third header tank connected to both ends of the third heat exchanging part, and
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wherein an avoidance part that is concave in the longitudinal direction is formed in the third header tank (See annotated Fig. 4 below, the avoidance part is the hole, which is concave in the longitudinal direction, to avoid interference from the tank 2a when flowing the medium from 2a to the output port 2f, [0032], where if there is no hole, tank 2a would have a wall at the location instead, which would interfere with the medium from 2a to 2f).
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Iwasaki (JP 2008/057950) does not teach one side of the first header tank is formed to have a larger length protruding from a heat exchanger in a longitudinal direction than the third header tank. Also, Iwasaki (JP 2008/057950) does not teach the front core faces the introduction direction of cooling air, or the back core faces the discharge direction of the cooling air.
However, Iwasaki (JP 2010/121604) teaches a similar structure as Iwasaki (JP 2008/057950), having a condenser (second air-cooling heat exchanger) (7, [0033] [0040]) arranged on the same surface and close to the lower side of a sub-radiator (first air-cooling heat exchanger) (5, [0033], [0040]). The radiator (third air-cooling heat exchanger) (11, [0033], [0040]), is disposed downstream of the cooling air ([0040]) and seen opposite to the surface containing sub-radiator (Fig. 6). Also, Iwasaki (JP 2010/121604) teaches the third air-cooled heat exchanger has the core width (dimension in the direction perpendicular to the cooling air) made narrower than the core width of the first air-cooled heat exchanger ([0017]).
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 heat exchanger of Iwasaki (JP 2008/057950) to use the structure of Iwasaki (JP 2010/121604) by having the width of the core portion 2c of the main radiator 2 (Iwasaki (JP 2008/057950): [0021) narrower than the width of the core portion 3c of the sub radiator 3 (Iwasaki (JP 2008/057950): [0023]) for the advantage of improving the heat exchange efficiency (Iwasaki (JP 2010/121604): [0018]).
Also, 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 above modified heat exchanger to position the main radiator (Iwasaki (JP 2008/057950): [0021]) downstream of the sub-radiator (Iwasaki (JP 2008/057950): [0023]), having the main radiator face the direction of cooling air, instead of upstream, having the sub-radiator face the direction of cooling air, so that the main radiator does not become the shade of the sub-radiator (Iwasaki (JP 2010/121604): [0018]). Iwasaki (JP 2010/121604) further teaches that positioning the wider core (analogous to 3c of Iwasaki (JP 2008/057950)) downstream of the narrower core (analogous to 2c of Iwasaki (JP 2008/057950)), the cooling air flow rate is insufficient, and the overall heat exchange efficiency is reduced (Iwasaki (JP 2010/121604): [0007]).
Iwasaki (JP 2008/057950) does not teach the first header tank inlet and outlet ports and the third header tank inlet and outlet ports extend rearward.
However, Iwasaki (JP 2010/121604) teaches routing piping for inflow and outflow backward to avoid waste of piping, joints, and space for wiring ([0029]).
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 piping configuration of Iwasaki (JP 2008/057950) to face backwards to avoid waste of piping, joints and space for wiring and prevent cost increase ([0029]).
Regarding claim 4, Iwasaki (JP 2008/057950) teaches among the third header tanks connected to both ends of the third heat exchanging part, the third header tank outlet port is disposed at an upper side of the third header tank connected to one end of the third heat exchanging part (2f, Fig. 2, [0022]), and the third header tank inlet port is disposed at a lower side of the third header tank connected to the other end of the third heat exchanging part (2g, Fig. 2, [0022]).
Regarding claim 5, Iwasaki (JP 2008/057950) teaches the second header tank connected to one end of the second heat exchanging part, the second header tank outlet port and inlet port are disposed on a lower portion thereof and are open in the longitudinal direction ([0028]).
Regarding claim 8, Iwasaki (JP 2008/057950) the teaches first to third heat exchanging parts, and the first to third header tanks are made of an aluminum material and bonded by brazing (Iwasaki (JP 2008/057950): [0030]).
Response to Arguments
Applicant's arguments filed 05/18/2026 have been fully considered but they are not persuasive.
On page 6 of the Applicant’s remarks, the Applicant argued that “A sloped (i.e., outwardly inclined) surface forming a triangular cross-section is structurally and functionally distinct from an inwardly concave recess formed in the longitudinal direction (i.e., the front-rear cooling-air direction) as claimed by Applicant's revised claim 1 - the former widens the tank outward along the width direction, whereas the latter creates a longitudinal clearance allowing the rearward-extending ports of the first header tank to pass without interference (see specification paragraphs [0063]-[0068] and FIGS. 5-7).” The Applicant also stated that “the sloped portion 113 being provided solely to avoid interference with the piping 39 of the sub-radiator tank 25.”
As shown in Fig. 9 of Iwasaki ‘604, the fluid pipe 39 (the shown structure is analogous to the port of the claimed invention with the function of flowing fluid therethrough) extends rearward from the first header tank (25) through the third header tank (109). In Fig. 10 and [0058] of Iwasaki ‘604, the slope portion 113 of 109 is shown as a longitudinal clearance and taught to be functionally to avoid interference with the pipe 39 of 25, which is also shown in Fig. 9 to allow the rear port (39) of the first header tank (25) to pass without interference. Therefore, 113 is not functionally distinct from an inwardly concave recess formed in the longitudinal direction of the instant application. While 113 is structurally distinct, a change in shape is well within the skill of one ordinary in the arts. The claimed shape is a design choice of which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration was significant. See MPEP § 2144.04(IV)B, reDailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966). The particular configuration was not significant because the function achieved by the claimed shape is not distinct from the function of the shape taught by the prior art.
On page 6 of the Applicant’s remarks, the Applicant also argued that “the Examiner's proposed reversal of Iwasaki '950's cooling-air flow direction impermissibly alters its intended operating principle. Such a proposed modification is not an obvious modification under 35 U.S.C. § 103. See MPEP § 2143.01(VI) ("If the proposed modification or combination of the prior art would change the principle of operation of the prior art invention being modified, then the teachings of the references are not sufficient to render the claims prima facie obvious.").” However, the Examiner did not propose a reversal of Iwasaki ‘950’s cooling-air flow direction because Iwasaki ‘950 did not teach a cooling-air flow direction. Iwasaki ‘604 was used to teach a direction of cooling air that Iwasaki ‘950 should implement to avoid reducing overall heat exchange efficiency (Iwasaki ‘604: [0007]) as Iwasaki ‘950 did not specify one prior to the combination.
Allowable Subject Matter
Claims 11-12 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: The prior art of record fails to teach
"wherein the front core has an upper portion configured as a low-temperature radiator and a lower portion configured as a condenser having a subcool area, and the back core is configured as a condenser having a condensation area.”
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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.
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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/A.B.P./Examiner, Art Unit 3763
/LEN TRAN/Supervisory Patent Examiner, Art Unit 3763
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