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 Objections
Claim 2 is objected to because of the following informalities:
“at an other end” in claim 2, appears to be an error for “at another end”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
Claims 1-13 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.
Regarding claim 1, the recitation of “wherein the first space communicates with none of the plurality of first orifices and the plurality of connection parts and is a space with which an opening provided at one end of the inner pipe communicates, the one end being a first end, and wherein refrigerant supplied into the first space flows into an inside of the inner pipe, the plurality of first orifices, the main space, the plurality of connection parts, and then the plurality of heat transfer tubes” is unclear. It’s unclear as to what Applicant is referring to by “the inner pipe communicates”. Furthermore, it’s unclear how would the first space communicates with none of the plurality of first orifices and the plurality of connection parts while simultaneously the refrigerant supplied into the first space flows into the plurality of first orifices and the plurality of connection parts. Examiner has attempted to interprets the above, however, no clear claim interpretation can be made by Examiner. Examiner notes that Applicant’s correction of the deficiencies under 35 U.S.C. 112 may necessitate new grounds of rejection.
Regarding claim 2, the recitation of “wherein the second space communicates with none of the plurality of first orifices and the plurality of connection parts and is a space with which an opening provided at an other end of the inner pipe communicates” is unclear. It’s unclear as to what Applicant is referring to by “the inner pipe communicates”. Moreover, it’s unclear how would the second space communicates with none of the plurality of first orifices when, per disclosure i.e. Figures 6-15, the second space is fluidly connected to the plurality of first orifices. Examiner has attempted to interprets the above, however, no clear claim interpretation can be made by Examiner. Examiner notes that Applicant’s correction of the deficiencies under 35 U.S.C. 112 may necessitate new grounds of rejection.
Regarding claim 6, the recitation of “wherein the second partition has at least one second orifice that allows the main space and the second space to communicate with each other” is unclear since claim 2 recites “wherein the second space communicates with none of the plurality of first orifices and the plurality of connection parts”. Examiner has attempted to interprets the above, however, no clear claim interpretation can be made by Examiner. Examiner notes that Applicant’s correction of the deficiencies under 35 U.S.C. 112 may necessitate new grounds of rejection.
Claim 7 recites the limitation " the second orifices”. There is insufficient antecedent basis for this limitation in the claim. To expedite prosecution, Examiner interprets the above to read as “the at least one second orifice”.
Claims 3-5 and 8-13 are rejected at least insofar as they are dependent on rejected claim(s), and therefore include the same error(s).
As a courtesy to Applicant, Examiner has attempted to apply prior art to the claims as best they could be understood as presented. Examiner notes that Applicant’s correction of the deficiencies under 35 U.S.C. 112 may necessitate new grounds of rejection. Examiner has not indicated any claims allowable in view of the cumulative issues under 35 U.S.C. 112 (b).
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 1-3 and 9-12 are rejected under 35 U.S.C. 102(a) (1) as being anticipated by WANG (CN207180448U: Machine Translation is provided by Examiner).
Regarding claim 1, WANG teaches a heat exchanger (see Figures 4 and 7) comprising:
a plurality of heat transfer tubes (3);
an outer pipe (1) having a plurality of connection parts (upper side of the outer pipe 1) that are arranged at intervals in a longitudinal direction and to each of which a corresponding one of the plurality of heat transfer tubes is connected (see Figure 4 where 3 is connected to the upper side of the outer pipe 1);
an inner pipe (2) provided inside the outer pipe (1) and having a plurality of first orifices (21) at a periphery (see Figure 4); and
a first partition (122) having a first through-hole (hole where the inner pipe 2 is fitted) in which the inner pipe is fitted (see Figure 7), the first partition (122) separating an inside of the outer pipe into a main space (space between 121 and 122) and a first space (101),
wherein the main space (space between 121 and 122) is a space with which the plurality of first orifices and the plurality of connection parts communicate (see Figure 7),
wherein the first space (101) communicates with none of the plurality of first orifices and the plurality of connection parts and is a space with which an opening provided at one end of the inner pipe (2) communicates, the one end being a first end (see Figure 7 and 112(b) rejection above), and
wherein refrigerant supplied (via 23) into the first space (101) flows into an inside of the inner pipe (2), the plurality of first orifices (21), the main space (space between 121 and 122), the plurality of connection parts (upper side of the outer pipe 1), and then the plurality of heat transfer tubes (3: see Figures 4 and 7).
Regarding claim 2, WANG further teaches further comprising: a second partition (121) having a second through-hole (hole where the inner pipe 2 is fitted) in which the inner pipe is fitted (see Figures 4 and 7), the second partition (121) separating the inside of the outer pipe (1) into the main space (space between 121 and 122) and a second space (space that is left to 121 as shown in Figure 7), wherein the second space communicates with none of the plurality of first orifices and the plurality of connection parts and is a space with which an opening provided at an other end of the inner pipe communicates, the other end being a second end located opposite the first end (see Figure 7 and 112(b) rejection above).
Regarding claim 3, WANG further teaches wherein, letting a length of the first space (101: see Figure 7) in the longitudinal direction be a length L1 and a length of the second space (space that is left to 121 as shown in Figure 7) in the longitudinal direction be a length L2, the length L1 is greater than the length L2 (see Figure 7 where the length of 101 is greater than the length space that is left to 121 ).
Regarding claim 9, WANG further teaches wherein the first end (right end of 2: see Figure 7) of the inner pipe (2) projects into the first space (101), and wherein the second end (left end of 2) of the inner pipe (2) projects into the second space (space that is left to 121 as shown in Figure 7).
Regarding claim 10, WANG further teaches letting a length by which the inner pipe (2: see Figure 7) projects into the first space (101) be a projection length t1 and a length by which the inner pipe (2) projects into the second space (space that is left to 121 as shown in Figure 7) be a projection length t2, the projection length t1 is smaller than the projection length t2 (see Figure 7 where the projection length of inner pipe 2 in 101 is smaller than the projection length of inner pipe 2 in the space that is left to 121 as shown in Figure 7).
Regarding claim 11, WANG further teaches wherein the second end (left end of 2) of the inner pipe (2) is located in the second through-hole (hole of 121 where the inner pipe 2 is fitted) of the second partition (121: see Figure 7).
Regarding claim 12, WANG further teaches wherein the first end (right end of 2) of the inner pipe (2) is located in the first through-hole (hole of 122 where the inner pipe 2 is fitted) of the first partition (122: see Figure 7).
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.
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 4 is rejected under 35 U.S.C. 103 as being unpatentable over WANG (CN207180448U: Machine Translation is provided by Examiner) as applied to claim 2 above, and further in view of PARK (US20130126140A1: cited by Applicant).
Regarding claim 4, WANG does not teach further comprising: an intermediate partition provided between the first partition and the second partition and separating the main space into a plurality of main-space areas.
However, it’s old and well known in the art for heat exchanger to have an intermediate partition provided between a first partition and a second partition, as evidenced by PARK, see PARK’s Figure 3 where the heat exchanger comprises an outer pipe (50) that includes three partitions (58: i.e. an intermediate partition provided between a first partition and a second partition).
It would, therefore, have been obvious to one having ordinary skill in the art before the effective filing date of the invention to provide the outer pipe of WANG with an intermediate partition provided between the first partition and the second partition and separating the main space into a plurality of main-space areas, since as evidenced by PARK, such provision was old and well-known in the art, and would provide the predictable benefit of providing the desired flow path configuration.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over WANG (CN207180448U: Machine Translation is provided by Examiner) in view of PARK (US20130126140A1: cited by Applicant) as applied to claim 4 above, and further in view of JUNDOU (US20160169596A1).
Regarding claim 5, WANG in view of PARK does not teach wherein the intermediate partition has at least one intermediate-partition orifice that allows adjacent ones of the main-space areas to communicate with each other.
JUNDOU teaches a heat exchanger (see Figures 5-6D) that includes an outer pipe (60) and an intermediate partition (80b) that has at least one intermediate-partition orifice (88a and/or 83b) that allows adjacent ones of main-space areas to communicate with each other (see at least ¶ [0117]).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the intermediate partition of WANG in view of PARK to have at least one intermediate-partition orifice that allows adjacent ones of the main-space areas to communicate with each other, as taught by JUNDOU, such modification would provide the benefit of adjusting the pressure across all main-space areas thus having balanced flow rate.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over WANG (CN207180448U: Machine Translation is provided by Examiner).
Regarding claim 8, WANG further teaches wherein a refrigerant portion supplied into the first space (101) flow into an inside of the inner pipe (2), the plurality of first orifices (21), the main space (space between 121 and 122), the plurality of connection parts (upper side of the outer pipe 1), and then the plurality of heat transfer tubes (3: see Figures 4 and 7).
WANG teaches all of the claimed features except for a second inlet that provide refrigerant portion into the second space. It is noted that it has been held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced, see MPEP 2144.04 VI B. Since applicant has not disclosed that placing a second inlet within the heat exchanger does anything more than produce predictable results (i.e. providing for even flow throughout the plurality of heat transfer tubes), the mere duplication of the inlet in the heat exchanger is not considered to have patentable significance. Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made, to modify WANG to include a second inlet, in order to predictably provide even flow throughout the plurality of heat transfer tubes.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over WANG (CN207180448U: Machine Translation is provided by Examiner) as applied to claim 1 above, and further in view of Huazhao (US 20110017438 A1).
Regarding claim 13, WANG does not teach an air-conditioning apparatus comprising: the heat exchanger of claim 1.
However, it old and known in the art to use WANG’s type of heat exchanger in air-conditioning apparatus, as evidenced by Huazhao, see Huazhao’s ¶[0012] “The present invention has particular utility in air conditioning units for automotive, residential, and light commercial applications”.
It would, therefore, have been obvious to one having ordinary skill in the art before the effective filing date of the invention to use the heat exchanger of WANG in air-conditioning apparatus, since as evidenced by Huazhao, such provision was old and well-known in the art, and would provide the predictable benefit of having an air-conditioning system with efficient heat exchanger.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KHALED AL SAMIRI whose telephone number is (571)272-8685. The examiner can normally be reached 10:30AM~3:30PM, M-F (E.S.T.).
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, Jianying Atkisson can be reached at (571) 270-7740. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/KHALED AHMED ALI AL SAMIRI/ Examiner, Art Unit 3763 /JOEL M ATTEY/Primary Examiner, Art Unit 3763
Prosecution Insights