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 without traverse of Group III (claims 10-21) and Species I in the reply filed on 5/11/2026 is acknowledged. It is noted that while Applicant included “Claims 1-21” in the election, the elected Group III includes only claims 10-21 such that Applicant’s claim listing is presumed to be a typographical error.
Claims 1-9 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
Drawings
The drawings are objected to because Fig. 20 includes non-English text.
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.
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.
Claims 13-21 are 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 13 recites the limitation "the two main pipe portions" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim.
Claim 16 recites “room temperature”. The exact scope of “room temperature” is indefinite as rooms may vary in temperature and there is not necessarily a standard for “room temperature”.
Claim 16 recites “high temperature”. The exact scope of “high temperature” is indefinite as it is unclear how high the temperature must actually be to be considered “high”.
Claim 16 recites “low temperature”. The exact scope of “low temperature” is indefinite as it is unclear how low the temperature must actually be to be considered “low”.
Claim 18 recites the limitation "the two main pipe portions" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim.
Claim 21 recites “high-pressure”. The exact scope of “high-pressure” is indefinite as it is unclear how high the pressure must actually be to be considered “high”.
Any claims not specifically discussed above are rejected by virtue of at least claim 13 or 16.
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.
Claims 10-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lee et al. (KR102334944, cited in IDS, with reference to translation).
Claim 10: Lee discloses a method for manufacturing a heat exchanger (100, P), the method comprising: a heat dissipation structure preparation operation in which a heat dissipation structure (110) made of a composite material including a resin material and a carbon material (resin and carbon nanotubes) is prepared (paragraph 24-25); an electrode assembly operation in which a first electrode (121) and a second electrode (122) are assembled to the heat dissipation structure (paragraph 34); and a tube assembly operation in which a main pipe portion (P) on which a fluid to be heat-exchanged flows (paragraph 28), is assembled to the heat dissipation structure (the heat dissipation structure is wrapped around the pipe, paragraph 26 and Figs. 4-5; or else the pipe is inserted within the C-shaped heat dissipation structure, paragraphs 86-87 and Figs. 7-9), wherein the tube assembly operation is performed by inserting the main pipe portion into a tube path formed on the heat dissipation structure (the cylindrical passage ultimately formed within the wrapped or C-shaped heat dissipation structure).
Claim 11: The electrode assembly operation is performed by inserting the first electrode and the second electrode into a first electrode path and a second electrode path formed on the heat dissipation structure, respectively (broadly, the “paths” are ultimately formed by virtue of the space accommodating the electrodes, where the electrodes are inserted therein).
Claims 10-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bilbro et al. (U.S. Patent 3,834,458).
Claim 10: Bilbro et al. discloses a method for manufacturing a heat exchanger (A), the method comprising: a heat dissipation structure preparation operation in which a heat dissipation structure (H) made of a composite material including a resin material (thermoplastic binder) and a carbon material (graphite) is prepared (column 3, line 65 - column 4, line 3); an electrode assembly operation in which a first electrode and a second electrode (wires 15) are assembled to the heat dissipation structure (Fig. 3); and a tube assembly operation in which a main pipe portion (P) on which a fluid to be heat-exchanged flows (column 1, lines 9-11), is assembled to the heat dissipation structure (by members M), wherein the tube assembly operation is performed by inserting the main pipe portion into a tube path formed on the heat dissipation structure (the concave portion at the underside of H in Fig. 3 essentially forms a tube path into which the pipe is inserted).
Claim 11: The electrode assembly operation is performed by inserting the first electrode and the second electrode into a first electrode path and a second electrode path formed on the heat dissipation structure, respectively (broadly, the “paths” are ultimately formed by virtue of the space accommodating the electrodes 15, where the electrodes are inserted therein).
Claims 10-11 and 13-15 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Guy et al. (U.S. PGPub 2022/0196330).
Claim 10: Guy et al. discloses a method for manufacturing a heat exchanger (10), the method comprising: a heat dissipation structure preparation operation in which a heat dissipation structure (12) made of a composite material including a resin material (polymer) and a carbon material (e.g. graphite fibers) is prepared (paragraphs 40-41); an electrode assembly operation in which a first electrode and a second electrode (wires 236) are assembled to the heat dissipation structure (paragraphs 60 and 75; Fig. 236); and a tube assembly operation in which a main pipe portion (11, 11C - paragraph 37) on which a fluid to be heat-exchanged flows (paragraph 36), is assembled to the heat dissipation structure, wherein the tube assembly operation is performed by inserting the main pipe portion into a tube path (e.g. 13) formed on the heat dissipation structure (paragraph 39).
Claim 11: The electrode assembly operation is performed by inserting the first electrode and the second electrode into a first electrode path and a second electrode path formed on the heat dissipation structure, respectively (broadly, the “paths” are ultimately formed by virtue of the space accommodating the electrodes 236, where the electrodes are inserted therein).
Claim 13: A main tube (11C) comprising [two main pipe portions] (at least two portions 11C) arranged in parallel (Fig. 1) and a connection portion (11D) connecting the two main pipe portions is used in the tube assembly operation (paragraph 37).
Claim 14: A plurality of main tubes (several 11C) are arranged in parallel and assembled to the heat dissipation structure in the tube assembly operation (Fig. 1).
Claim 15: The method further comprises a tube connection operation in which the plurality of main tubes are connected to each other using a connection pipe portion (11D - paragraph 37).
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 12 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Guy et al. in view of Harada et a. (JP2019171444, cited in IDS, with reference to translation).
Claim 12: Guy et al. discloses a method substantially as claimed except for an additional assembly operation in which at least one additional heat dissipation structure is further assembled to the main pipe portion after the tube assembly operation is performed, wherein the additional heat dissipation structure and the heat dissipation structure assembled in the tube assembly operation are sequentially and continuously arranged in an extension direction of the main pipe portion. However, Harada et al. teaches a heat exchanger assembly method wherein at least one additional heat dissipation structure (a plurality of fin groups 12, and thus at least one following an initial one) is further assembled to the main pipe portion (11a) after the tube assembly operation is performed (i.e. a subsequent fin group 12 would be sleeved over the tube sections 11a following a first one), wherein the additional heat dissipation structure and the heat dissipation structure assembled in the tube assembly operation are sequentially and continuously arranged in an extension direction of the main pipe portion (Fig. 1; paragraphs 25, 28). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided at least one additional heat dissipation structure as claimed depending on the type and model of heat exchanger (Harada, paragraph 6), or depending on the size and heat dissipation characteristics desired for the heat exchanger. Furthermore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided at least one additional heat dissipation structure as claimed since it has been held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960). Please note that in the instant application, paragraph [67], Applicant has not disclosed any criticality for the number of heat dissipation structures.
Claim 21: The method further comprises a tube expansion operation in which the main pipe portion is plastically deformed to be expanded, wherein the tube expansion operation is performed by injecting a high-pressure fluid (e.g. water) into the main pipe portion (paragraph 50, 74). The fluid is not necessarily air. However, Harada et al. teaches a similar technique wherein the fluid may be water, oil, or air (paragraph 28). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used air rather than water, for example, since it is an art recognized equivalent fluid for expanding a pipe and one of ordinary skill in the art would have had reasonable expectation of success in doing so. Furthermore, since both air and water are taught as fluids for expanding pipes, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have substituted one method for the other to achieve the predictable result of expanding the pipe (MPEP 2143 I. B.).
Allowable Subject Matter
Claims 16-20 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 16, while thermal shrink fitting is generally a known assembly technique in the prior art, whereby outer/female parts are heated and/or inner/male parts are cooled prior to assembly and restoration to ambient temperature, none of the primary references relied upon would lend themselves to such an assembly technique at least for the electrodes given that the electrodes are instead incorporated via molding or extrusion of an additive manufacturing filament. Claims 17-20 depend from claim 16.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. PGPub 2020/0248952 discloses a heat exchanger having serpentine pipes, a fin structure, and a heating wire element. The fins may be coated with a polymer comprising carbon (paragraph 31).
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW P TRAVERS whose telephone number is (571)272-3218. The examiner can normally be reached 10:00AM-6:30PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sunil K. Singh can be reached at 571-272-3460. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Matthew P Travers/Primary Examiner, Art Unit 3726
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