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 Species A, Figs. 2-9, claims 1-9 and 11-16 in the reply filed on 8/7/20263 is acknowledged.
Claim 10 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 8/7/2026.
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 4 and 11 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 4 recites the limitation "the same level" in line 2. There is insufficient antecedent basis for this limitation in the claim since a same level was not previously recited.
Claim 11 recites the limitation "the two opposite ends" in line 2. There is insufficient antecedent basis for this limitation in the claim.
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, 7-9 and 11-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Choi et al. (US Publication No.: 2020/0271398 hereinafter “Choi”).
With respect to claim 1, Choi discloses a heat exchanger (Fig. 1) comprising: a header (Fig. 3) comprising base portions, a plurality of tube contact portions having tube insertion holes formed through the base portions (Fig. 5, tube holes 250 on 220), the plurality of tube contact portions protruding toward a tank from peripheries of the tube insertion holes (Fig. 3, contact portions for tube holes protrude towards tank 100) and arranged to be spaced apart from one another in a longitudinal direction (Figs. 3 & 5), and concave portions provided in at least some of the plurality of tube contact portions (Fig. 5, concave portions between 220), formed at two opposite ends based on a width direction (Fig. 5), and formed concavely in a direction opposite to a direction in which the tube contact portions protrude (Fig. 5, 220 protrudes up and concave portions protrude down); the tank coupled to the header and configured to define a space in which a heat exchange medium is stored and flows (Fig. 3, header 100 is coupled to 200); and a plurality of heat exchange medium tubes inserted into the tube insertion hole of the header and coupled to the tube contact portions (Fig. 1, tubes 12 and Para 0040).
With respect to claim 7, Choi discloses the heat exchanger of claim 1 as discussed above. Choi also discloses wherein straight portions, which have flat upper surfaces, are formed at two opposite ends of the tube contact portion based on the width direction, and the concave portion is disposed between the straight portions formed at the two opposite ends (Fig. 6b shows two flat and straight portions on 220).
With respect to claim 8, Choi discloses the heat exchanger of claim 7 as discussed above. Choi also discloses wherein a protruding height of the straight portion is larger than a protruding height of the concave portion (Figs. 5-6, 220 is taller than the concave portions between 220).
With respect to claim 9, Choi discloses the heat exchanger of claim 7 as discussed above. Choi also discloses wherein the concave portion and the straight portions at the two opposite ends of the tube contact portion based on the width direction are inclinedly connected (Fig. 6b, 220).
With respect to claim 11, Choi discloses the heat exchanger of claim 1 as discussed above. Choi also discloses wherein the base portions are present outside the tube contact portions positioned at the two opposite ends based on the longitudinal direction without a groove and a concave portion (Fig. 7, base portion at 231).
With respect to claim 12, Choi discloses the heat exchanger of claim 1 as discussed above. Choi also discloses wherein the header further comprises dummy tube contact portions having dummy tube insertion holes formed through the base portions (Fig. 5, 232 has hole 251), the dummy tube contact portions protruding toward the tank from peripheries of the dummy tube insertion holes (Fig. 5), and wherein the dummy tube contact portion and two opposite sides based on the longitudinal direction adjacent to the dummy tube contact portion are formed to be inclined downward from a central portion both the width direction toward two opposite ends (Fig. 5, 231 is inclined downward).
With respect to claim 13, Choi discloses the heat exchanger of claim 12 as discussed above. Choi also discloses wherein the two opposite ends of the dummy tube contact portion based on the width direction have a smaller protruding height than the central portion (Fig. 5, central portion where 251 is taller than 231).
With respect to claim 14, Choi discloses the heat exchanger of claim 12 as discussed above. Choi also discloses wherein the plurality of tube contact portions are each disposed at the two opposite sides of each of the base portions based on the longitudinal direction, and the dummy tube contact portion is disposed between the two opposite sides based on the longitudinal direction (Fig. 5).
With respect to claim 15, Choi discloses the heat exchanger of claim 12 as discussed above. Choi also discloses wherein the header has gasket seating grooves formed concavely downward along peripheries of the base portions (Fig. 7, grooves where 120 is located), wherein tank coupling portions are formed along outer rims of the gasket seating grooves (Fig. 7, coupling portion 120 on tank 100 is within the gasket seating groove), wherein the heat exchanger further comprises a gasket having peripheral portions inserted into the gasket seating grooves of the header (Fig. 7, gasket 300), the gasket comprising a pair of bridges configured to connect the peripheral portions in the width direction and disposed adjacent to the dummy tube contact portion of the header (Fig. 3, gasket 300 has bridges at 320), wherein a lower end of the tank is inserted into the gasket seating groove of the header and coupled to the tank coupling portion of the header (Figs. 3 and 7), and wherein a pair of baffles is integrally formed in the tank, and the baffles are tightly attached and coupled to the bridges (Figs. 3-4, baffles 110 are coupled to 320).
With respect to claim 16, Choi discloses the heat exchanger of claim 15 as discussed above. Choi also discloses further comprising: dummy tubes inserted into the dummy tube insertion holes of the header and coupled to the dummy tube contact portions (Para 0042); and heat radiating fins interposed between the plurality of heat exchange medium tubes (Fig. 1, fins between tubes 13).
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.
Claims 2-6 are rejected under 35 U.S.C. 103 as being unpatentable over Choi et al. (US Publication No.: 2020/0271398 hereinafter “Choi”) in view of Riondet Christian (KR 10-2017-0057420 hereinafter “Riondet”).
With respect to claim 2, Choi discloses the heat exchanger of claim 1 as discussed above. Choi does not disclose wherein grooves are formed between the adjacent tube contact portions, and recessed portions, which are concave in the same direction as the concave portions, are positioned in at least some of the grooves.
Riondet teaches adding grooves formed between adjacent tube contact portions (Fig. 2, grooves 13). It would have been obvious to one having ordinary skill in the art at the time the invention was filed to have modified the concave portions of Choi with grooves as taught by Riondet to reduce stress at the junction between the tube and plate caused by thermal expansion.
With respect to claim 3, Choi and Riondet teach the heat exchanger of claim 2 as discussed above. Riondet also discloses wherein the recessed portion further protrudes in a direction opposite to the tank than the remaining portion of the groove other than the recessed portion (Figs. 2-3, recessed portion protrudes downward opposite of the tank and the groove 13 or 13’ can protrude in either direction).
With respect to claim 4, Choi and Riondet teach the heat exchanger of claim 2 as discussed above. Riondet also discloses wherein a width of the recessed portion and a width of the concave portion are defined at the same level .
With respect to claim 5, Choi and Riondet teach the heat exchanger of claim 2 as discussed above. Riondet also discloses wherein a recessed depth of the recessed portion and a recessed depth of the concave portion are defined at the same level (Fig. 2).
With respect to claim 6, Choi and Riondet teach the heat exchanger of claim 2 as discussed above. Riondet also discloses, wherein the recessed portion and the concave portion are formed simultaneously (Figs. 2-3, 15 and 13).
It is noted that claim 6 contains a product by process limitation (i.e. are formed simultaneously) and that the product by process limitation does not limit the claim to recite the step, just the structure obtained by performing the step. Further, in product-by-process claims, “once a product appearing to be substantially identical is found and a 35 U.S.C. 102/103 rejection [is] made, the burden shifts to the applicant to show an unobvious difference.” MPEP 2113. This rejection under 35 U.S.C. 102/103 is proper because the “patentability of a product does not depend on its method of production.” In re Thorpe, 227 USPQ 964, 966 (Fed. Cir. 1985).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CLAIRE E ROJOHN III whose telephone number is (571)270-5431. The examiner can normally be reached 9:00-5:00 M-F.
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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/CLAIRE E ROJOHN III/ Primary Examiner, Art Unit 3763
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