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 Rejections - 35 USC § 102
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.
Claim(s) 1-8, 11, and 12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Baumann et al. (U.S. Patent Publication No. 2012/0237793, “Baumann”).
Regarding claim 1, Baumann discloses a heat exchange tube for heat exchanger (fig 3), comprising a core layer (20), a first layer (40), and a second layer (30), wherein a material of the core layer is industrial pure aluminum or aluminum alloy, and a material of the first layer and a material of the second layer are aluminum alloy (¶0028-0029), wherein the core layer comprises a first side and a second side in a thickness direction thereof, the first layer and the second layer are arranged outside the first side, a thickness direction of the first layer, a thickness direction of the second layer, and a thickness direction of the core layer are substantially parallel to each other (fig 3), wherein the first layer and the second layer are arranged at the same side of the core layer, and the second layer is closer to the core layer than the first layer, and wherein corrosion potential of the first layer is less than a corrosion potential of the second layer, and the corrosion potential of the second layer is less than a corrosion potential of the core layer (¶0021).
Regarding claim 2, Baumann further discloses wherein the heat exchange tube further comprises a third layer (50), wherein one or two or more layers of the first layer, the second layer, and the third layer are arranged outside the second side of the core layer, and when there are two or more layers (50, 60) arranged outside the second side, the layer away from the core layer in the thickness direction has a lower corrosion potential than the layer close to the core layer in the thickness direction (¶0032).
Regarding claim 3, Baumann further discloses wherein the core layer (20) comprises, by mass percentage, Si: 0%-0.3%, Fe: 0%-0.3%, Cu: 0.15%-1.0%, Mn: 0.5%-2.0%, Mg: 0%-0.5%, and one of 0%-0.3% Zr and 0%-0.25% Ti, and a remainder of Al and inevitable impurity elements (¶0027).
Regarding claim 4, Baumann further discloses wherein the second layer (30) comprises, by mass percentage, Si: 0%-0.3%, Fe: 0%-0.3%, Cu: 0%-0.1%, Mn: 0.5%-2.0%, Zn: 0%-1.0%, Ti: 0%-0.25%, and Zr: 0%-0.3%, and a remainder of Al and inevitable impurity elements (¶0030).
Regarding claim 5, Baumann further discloses wherein Si in the second layer accounts for, by mass percentage, less than 0.1% (¶0030).
Regarding claim 6, Baumann further discloses wherein the first layer (40) comprises, by mass percentage, Si: 0%-0.8%, Fe: 0%-0.6%, Cu: 0%-0.1%, Mn: 0%-2.0%, Zn: 0.5%-3.0%, Ti: 0%-0.25%, and Zr: 0%-0.3%, and a remainder of Al and inevitable impurity elements (¶0028).
Regarding claim 7, Baumann further discloses wherein the third layer (50) comprises, by mass percentage: Si: 2%-14%, Fe: 0%-0.3%, Cu: less than 0.1%, Mn: less than 0.3%, Zn: 0%-3.0%, and Ti: 0%-0.2%, and a remainder of Al and inevitable impurity elements (¶0033-0034).
Regarding claim 8, Baumann further discloses wherein, in the heat exchange tube a thickness of the third layer (50) accounts for 5%-20% of material thickness of the heat exchange tube (see ¶0033 and ¶0024).
Regarding claim 11, Baumann further discloses wherein, in the heat exchange tube, a thickness of the first layer (40) accounts for 5%-30% of material thickness of the heat exchange tube (see ¶0024 and ¶0032).
Regarding claim 12, Baumann further discloses wherein, in the heat exchange tube, a thickness of the second layer (30) accounts for 5%-50% of material thickness of the heat exchange tube (see ¶0024 and ¶0030).
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.
Claim(s) 9, 10, and 13-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baumann alone.
Regarding claim 9, Baumann discloses all previous claim limitations. However, Baumann does not explicitly disclose wherein the heat exchange tube is a microchannel flat tube, the microchannel flat tube comprises a plurality of heat exchange channels and a plurality of first pieces, the plurality of heat exchange channels are arranged at intervals in width direction of the microchannel flat tube and extend in length direction of the microchannel flat tube, the first piece is arranged between two adjacent heat exchange channels in width direction of the microchannel flat tube, and the heat exchange tube has a width W and a channel quantity N, which satisfy: 0.1<((N−2)/20) 2 ((W−16)/16)3<0.25. However, since Baumann teaches a heat exchanger tube for a heat exchanger, the width and number of tubes is considered a result-effective variable, i.e. a variable which achieves a recognized result. In this case the recognize result is the width and number of channels determines the cooling capacity of the system. It would not be inventive for Baumann to determine the optimal width and number of tubes and it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for Baumann to provide a width W and a channel quantity N, which satisfy: 0.1<((N−2)/20) 2 ((W−16)/16)3<0.25 in order to provide an optimal cooling capacity.
Regarding claim 10, Baumann discloses all previous claim limitations. However, Baumann does not explicitly disclose a heat exchanger, comprising a first tube, a second tube, multiple heat exchange tubes for heat exchanger according to claim 1, and a fin, wherein the heat exchange tubes are directly or indirectly connected with the first tube, the heat exchange tubes are directly or indirectly connected with the second tube, at least part of the fin is arranged between two adjacent heat exchange tubes in length direction of the first tube, and the fin is connected with the two adjacent heat exchange tubes. However, the Examiner takes Official Notice that it is old and well known in the art of heat exchangers to provide multiple heat exchange tubes with fins between them and it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for Baumann to provide multiple heat exchange tubes and fins in order to enhance the cooling capability of the heat exchanger.
Regarding claim 13, Baumann, as modified, discloses all previous claim limitations. Baumann further discloses wherein the heat exchange tube further comprises a third layer (50), wherein one or two or more layers of the first layer (40), the second layer (30), and the third layer are arranged outside the second side of the core layer (20), and when there are two or more layers arranged outside the second side, the layer away from the core layer in the thickness direction has a lower corrosion potential than the layer close to the core layer in the thickness direction (¶0032).
Regarding claim 14, Baumann, as modified, discloses all previous claim limitations. Baumann further discloses wherein the core layer (20) comprises, by mass percentage, Si: 0%-0.3%, Fe: 0%-0.3%, Cu: 0.15%-1.0%, Mn: 0.5%-2.0%, Mg: 0%-0.5%, and one of 0%-0.3% Zr and 0%-0.25% Ti, and a remainder of Al and inevitable impurity elements (¶0027).
Regarding claim 15, Baumann, as modified, discloses all previous claim limitations. Baumann further discloses wherein the second layer comprises (30), by mass percentage, Si: 0%-0.3%, Fe: 0%-0.3%, Cu: 0%-0.1%, Mn: 0.5%-2.0%, Zn: 0%-1.0%, Ti: 0%-0.25%, and Zr: 0%-0.3%, and a remainder of Al and inevitable impurity elements (¶0030).
Regarding claim 16, Baumann, as modified, discloses all previous claim limitations. Baumann further discloses wherein Si in the second layer (30) accounts for, by mass percentage, less than 0.1% (¶0030).
Regarding claim 17, Baumann, as modified, discloses all previous claim limitations. Baumann further discloses wherein the first layer (40) comprises, by mass percentage, Si: 0%-0.8%, Fe: 0%-0.6%, Cu: 0%-0.1%, Mn: 0%-2.0%, Zn: 0.5%-3.0%, Ti: 0%-0.25%, and Zr: 0%-0.3%, and a remainder of Al and inevitable impurity elements (¶0028).
Regarding claim 18, Baumann, as modified, discloses all previous claim limitations. Baumann further discloses wherein the third layer (50) comprises, by mass percentage: Si: 2%-14%, Fe: 0%-0.3%, Cu: less than 0.1%, Mn: less than 0.3%, Zn: 0%-3.0%, and Ti: 0%-0.2%, and a remainder of Al and inevitable impurity elements (¶0033-0034).
Regarding claim 19, Baumann, as modified, discloses all previous claim limitations. Baumann further discloses wherein the third layer (50) comprises, by mass percentage: Si: 2%-14%, Fe: 0%-0.3%, Cu: less than 0.1%, Mn: less than 0.3%, Zn: 0%-3.0%, and Ti: 0%-0.2%, and a remainder of Al and inevitable impurity elements (¶0033-0034).
Regarding claim 20, Baumann, as modified, discloses all previous claim limitations. However, Baumann does not explicitly disclose wherein the heat exchange tube is a microchannel flat tube, the microchannel flat tube comprises a plurality of heat exchange channels and a plurality of first pieces, the plurality of heat exchange channels are arranged at intervals in width direction of the microchannel flat tube and extend in length direction of the microchannel flat tube, the first piece is arranged between two adjacent heat exchange channels in width direction of the microchannel flat tube, and the heat exchange tube has a width W and a channel quantity N, which satisfy: 0.1<((N−2)/20) 2 ((W−16)/16)3<0.25. However, since Baumann teaches a heat exchanger tube for a heat exchanger, the width and number of tubes is considered a result-effective variable, i.e. a variable which achieves a recognized result. In this case the recognize result is the width and number of channels determines the cooling capacity of the system. It would not be inventive for Baumann to determine the optimal width and number of tubes and it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for Baumann to provide a width W and a channel quantity N, which satisfy: 0.1<((N−2)/20) 2 ((W−16)/16)3<0.25 in order to provide an optimal cooling capacity.
Conclusion
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/HARRY E ARANT/Primary Examiner, Art Unit 3763
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