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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 5 December, 2024 is being considered by the examiner.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-5 is/are rejected under 35 U.S.C. § 102 (a) (2) as being anticipated by SEO et al. (US 20160209130-A1-published 21 July,2016).
As to claim 1, SEO discloses a heat exchanger (1) configured to heat air by condensing a heat transfer medium undergoing a phase change between a liquid phase and a gaseous phase (Abstract), the heat exchanger comprising
a plurality of core portions (100,200) provided such that the plurality of core portions (100,200) are overlapped with each other in a flow direction of the air and such that the heat transfer medium flows continuously, the core portions each comprising:
an upper header tank (100) to which the heat transfer medium is supplied;
a lower header tank (200) arranged below the upper header tank;
and a plurality of tubes (10) configured to connect the upper header tank and the lower header tank, the plurality of tubes being configured to perform heat exchange between the heat transfer medium flowing inside the tubes and the air flowing around the tubes (Paragraph 43),
and a communication passage (500) configured to allow communication between the lower header tank of a first core portion of the core portions and the upper header tank of a second core portion of the core portions and to allow the heat transfer medium to flow from the lower header tank to the upper header tank (Paragraphs 41-45),
the second core portion being arranged so as to be overlapped with the first core portion in the flow direction of the air (See Annotated Figure SEO).
[AltContent: arrow][AltContent: textbox (Inlet )][AltContent: arrow][AltContent: textbox (Plurality of tubes configured to connect the upper header tank and the lower header tank )][AltContent: arrow][AltContent: arrow][AltContent: textbox (Communication passage configured to allow communication between upper header tank and the lower header tank)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Lower header tank )][AltContent: textbox (Upper header tank )][AltContent: textbox (Plurality of core portions overlapped with each other in a flow direction of the air )][AltContent: arrow][AltContent: arrow][AltContent: arrow]
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Annotated Figure (SEO)
As to claim 2, SEO teaches the limitations of claim 1, SEO further teaches the heat exchanger, wherein the upper header tank (100) of the first core portion has a heat transfer medium inlet (300), through which the heat transfer medium enters (Paragraph 45), on a first end portion, and the lower header tank of the second core portion has a heat transfer medium outlet (400), through which the heat transfer medium flows out, on a first end portion, and the communication passage (500) allows communication between a second end portion of the lower header tank of the first core portion and a second end portion of the upper header tank of the second core portion (Paragraphs 41-47).
As to claim 3, SEO teaches the limitations of claim 1, SEO further teaches the heat exchanger, wherein the communication passage (500) is formed of: a lower connector (600) connected to the lower header tank (200) of the first core portion so as to be communicable; an upper connector (600) connected to the upper header tank (100) of the second core portion so as to be communicable; and a tube member (510) connected to connection holes of the lower connector and the upper connector so as to allow communication between the lower connector and the upper connector (See Annotated Figure SEO 2, Paragraphs 41,67-69).
[AltContent: textbox (Tube member connected to connection holes of the lower connector and upper connector)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Upper connector connected to the upper header tank )]
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[AltContent: textbox (Lower connector connected to the lower header tank )][AltContent: arrow][AltContent: arrow]
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Annotated Figure (SEO 2)
As to claim 4, SEO teaches the limitations of claim 3, SEO further teaches the heat exchanger, wherein in a state in which the lower connector (600) is connected to the corresponding lower header tank (200) and the upper connector (600) is connected to the corresponding upper header tank (100), the connection hole of the lower connector and the connection hole of the upper connector, to which the tube member (510) is connected, face with each other and open in a direction same as an extending direction of the tubes (Paragraphs 67-69).
As to claim 5, SEO teaches the limitations of claim 4, SEO further teaches the heat exchanger, wherein the lower connector (600) and the upper connector (600) are formed of a same member (Paragraph 41, Examiner Interprets “same member” as being the same part which can be used in either orientation).
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.
Claim(s) 6 is/are rejected under 35 U.S.C. § 103 as being unpatentable over SEO et al. (US 20160209130-A1-published 21 July,2016), in view of AKIYOSHI et al. (US-20190137152-A1-published 9 May,2019).
As to claim 6, SEO teaches the limitations of claim 5, SEO further teaches the heat exchanger, wherein the member is formed of a block (600), the block having, in a surface, a first insertion hole and a second insertion hole into which each end portion of the upper header tanks, which are arranged so as to be overlapped (See Annotated Figure SEO 3), or each end portion of the lower header tanks, which are arranged so as to be overlapped, can be inserted (See Annotated Figure SEO 2),
[AltContent: arrow][AltContent: arrow][AltContent: textbox (Second insertion hole)][AltContent: textbox (First insertion hole)]
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Annotated Figure (SEO 3)
SEO, however does not teach the block having the connection hole in communication with the first insertion hole in an intersecting surface extending in a direction intersecting with an extending direction of the surface, the connection hole being arranged at a midpoint between a center line extending through a center of the first insertion hole and a center line extending through a center of the second insertion hole.
AKIYOSHI, however teaches the block having the connection hole in communication with the first insertion hole in an intersecting surface extending in a direction intersecting with an extending direction of the surface (Paragraphs 120-125, See Annotated Figure AKIYOSHI).
[AltContent: textbox (Connection hole in communication with the first insertion hole)][AltContent: textbox (Inner passage)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Second insertion hole)][AltContent: textbox (First insertion hole)][AltContent: arrow]
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Annotated Figure (AKIYOSHI)
This arrangement allows the refrigerant to become a refrigerant in gas-liquid two phase due to centrifugal force caused by the swirling (Paragraph 125), and therefore results in a more uniform refrigerant flow into the dischargeable-side tubes and reduced air-temperature uniformity.
Therefore, it would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the claimed invention, to modify, SEO with the teachings of AKIYOSHI, and to incorporate the block having the connection hole in communication with the first insertion hole in an intersecting surface extending in a direction intersecting with an extending direction of the surface for uniform flow and reduced air-temperature uniformity.
SEO as modified by AKIYOSHI, still does not teach that the connection hole being arranged at a midpoint between a center line extending through a center of the first insertion hole and a center line extending through a center of the second insertion hole.
While, SEO as modified by AKIYOSHI, as stated above, does not teach that the connection hole being arranged at a midpoint between a center line extending through a center of the first insertion hole and a center line extending through a center of the second insertion hole, such arrangement would have been entirely obvious absent persuasive evidence that the particular configuration of the claimed shape is significant. See MPEP 2144.04 IV (C), In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) (Claims to a hydraulic power press which read on the prior art except with regard to the position of the starting switch were held unpatentable because shifting the position of the starting switch would not have modified the operation of the device.); In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975) (the particular placement of a contact in a conductivity measuring device was held to be an obvious matter of design choice).
Therefore, it would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the claimed invention, to modify, SEO as modified by AKIYOSHI, and to rearrange the connection hole being arranged at a midpoint between a center line extending through a center of the first insertion hole and a center line extending a center of the second insertion hole.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BIGYAN BHATTACHAN whose telephone number is (571)272-8767. The examiner can normally be reached Monday - Friday 7:30 AM - 5 PM.
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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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/BIGYAN BHATTACHAN/
Examiner, Art Unit 3763
/LEN TRAN/Supervisory Patent Examiner, Art Unit 3763
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