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 § 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 7 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.
As to claim 7, the recited limitation “a size of the opening” is indefinite. It is unclear if “the opening” refers to “an opening” or “each opening” as claim 1 defined a plurality of openings. To expedite prosecution, the broadest reasonable interpretation is applied. Examiner interprets “the opening” as “an opening” as “a size of” could reasonably refer to a single opening.
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) 1-3, 6-9, 11, and 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Song (US 2005/133209).
Regarding claim 1, Song teaches a fixing structure (21 and 22 combined, Fig. 1, [0034]) applied to an insertion-plate-type heat exchanger (10, Fig. 1, [0034]), wherein the insertion-plate-type heat exchanger comprises
a plurality of heat exchanger tubes (15 going through the two inserting holes 29 below, Fig. 1, [0033]) and a plurality of insertion plates (13 and 14, Fig. 1, [0033]),
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the plurality of heat exchanger tubes are inserted into the plurality of insertion plates along a direction perpendicular to an extending direction of each of the plurality of insertion plates (Fig. 1, [0033]); and
the fixing structure comprises a first fixing portion (21, Fig. 1) and a second fixing portion (22, Fig. 1) connected to each other,
the first fixing portion is fixedly connected to the plurality of heat exchanger tubes (Fig. 1), and
the second fixing portion extends along a direction away from the first fixing portion (Fig. 1);
the fixing structure is located on the side surface (surface facing 21 and 22, Fig. 1) and the end surface (surface facing 25, Fig. 1) of the insertion-plate-type heat exchanger, the fixing structure comprises a side plate (22, Fig. 1) and an end plate (25, Fig. 1),
the side plate extends along a length direction of each of the plurality of insertion plates and is connected to the side surface of the insertion-plate-type heat exchanger (22, Fig. 1),
the end plate extends along a length direction of each of the plurality of heat exchanger tubes and is connected to the end surface of the insertion-plate-type heat exchanger (25, Fig. 1);
the side plate is provided with a plurality of inserting holes (29, See annotated Fig. 2 above, [0034]) corresponding to the plurality of heat exchanger tubes ([0034]), the plurality of heat exchanger tubes (15, Fig. 1, [0034]) are inserted into the plurality of inserting holes (29, Fig. 1, [0034]);
the side plate is further provided with a first edge portion (See annotated Fig. 3 below),
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the plurality of inserting holes are disposed along a length direction of the side plate (Fig. 2) and passes through the first edge portion to define a plurality of openings (Fig. 1, Fig. 2, [0034], the inserting holes passes through the first edge portion in order for 15 to pass through); and
the first fixing portion and the second fixing portion are disposed in the side plate (Fig. 1), and the second fixing portion is bent relative to the first fixing portion (Fig. 1, Fig. 2, [0034]).
Regarding claim 2, Song teaches the side plate and the end plate are an integral structure (Fig. 1).
Regarding claim 3, Song teaches the number of the side plate is one, the number of the end plate is one (Fig. 1).
Regarding claim 6, Song teaches along a direction of each of plurality of the heat exchanger tubes inserted into one of the plurality of inserting holes, sizes of at least two of the plurality of inserting holes are different (See annotated Fig. 2 below).
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Regarding claim 7, Song teaches a size of an opening is greater than a size of an end of the at least one of the plurality of inserting holes away from the first edge portion (See annotated Fig. 2 below).
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Regarding claim 8, Song teaches the side plate is provided with a plurality of inserting holes (See claim 1 rejection above) corresponding to the plurality of heat exchanger tubes (See claim 1 rejection above),
the plurality of heat exchanger tubes (See claim 1 rejection above) are inserted into the plurality of inserting holes (See claim 1 rejection above); and
two sides of the side plate comprise a first edge portion and a second edge portion, respectively (See annotated Fig. 2 and Fig. 3 below),
a side wall of each of the plurality of inserting holes is spaced from the first edge portion and the second edge portion (See annotated Fig. 2 and Fig. 3 below).
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Regarding claim 9, Song teaches the side plate is provided with a plurality of inserting holes (See claim 1 rejection above) corresponding to the plurality of heat exchanger tubes (See claim 1 rejection above),
the plurality of heat exchanger tubes (See claim 1 rejection above) are inserted into the plurality of inserting holes (See claim 1 rejection above); and
two sides of the side plate comprise a first edge portion and a second edge portion, respectively, each of the plurality of inserting holes comprises a first inserting hole and a second inserting hole (See annotated Fig. 2 and Fig. 3 below, each edge portion is a side of the side plate),
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the first inserting hole passes through the first edge portion to define an opening (See claim 1 rejection above), a side wall of the second inserting hole is spaced from the first edge portion and the second edge portion (See annotated Fig. 2 and Fig. 3 below).
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Regarding claim 11, Song teaches the second fixing portion is provided with an installing hole (hole inside 24, Fig. 2, [0034]), and
the installing hole is configured for allowing the external machine to be fixedly connected to the second fixing portion through the installing hole (hole inside 24, Fig. 2, [0034]).
Regarding claim 13, Song teaches a insertion-plate-type heat exchanger (12, Fig. 1,
[0034]) comprising the fixing structure of claim 1 ([0034]).
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.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Song (US 2005/133209), and in view of Sawant (US 2023/175792).
Regarding claim 12, Song teaches the number of the side plate located on the same side of the insertion-plate-type heat exchanger is multiple (21 and 22, Fig. 1, [0034]),
a connecting component (26, Fig. 1, [0034]) is disposed between adjacent two of a plurality of side plates (Fig. 1), the connecting component comprises a connecting plate (26, Fig. 1, [0034]), two ends of the connecting plate are connected to the adjacent two of the plurality of side plates, respectively (Fig. 1, [0034]).
Song does not teach the connecting component comprises a fastener, the fastener penetrates through the connecting plate and the corresponding side plate to connect the connecting plate and the corresponding side plate.
However, Sawant teaches the connecting component comprises a fastener (1226, Fig. 17, [0072]), the fastener penetrates through the connecting plate (1272, Fig. 17, [0072]) and the corresponding side plate (1180 and 1182, Fig. 17, [0064]) to connect the connecting plate and the corresponding side plate (Fig. 17, [0072]). The fastener and connecting plate were disclosed for the purpose of enhancing a structural rigidity of the heat exchanger assembly in the bent configuration ([0072]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the of connecting component of Song to use the fastener of Sawant in order to enhance the structural rigidity of the heat exchanger in the bent configuration (Sawant: [0072]).
Claim(s) 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Song (US 2005/133209).
Regarding claim 14, Song teaches the insertion-plate-type heat exchanger further comprises a middle plate (a fin of 14, Fig. 1),
the middle plate is disposed between two side surfaces of the insertion-plate-type heat exchanger (two other fins of 14 sandwiching the middle plate, Fig. 1).
Song does not teach a distance between the middle plate and the side plate is in a range of 250 mm to 900 mm.
However, the adjusting the length of the fin array (14, Fig. 1) would not have affected the operation of the heat exchanger.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the length of the fin array as this would have been a design choice. (See re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA 1955))
If the fin array is modified to be 900 mm long, one fin acting as the middle plate would be within the distance of 250 mm to 900 mm from the side plate. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. (MPEP 2144.05)
Regarding claim 15, Song does not teach the number of the middle plate is multiple, and a distance between adjacent two of a plurality of middle plates is in a range of 250 mm to 900 mm.
However, the adjusting the length of the fin array (14, Fig. 1) would not have affected the operation of the heat exchanger.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the length of the fin array as this would have been a design choice. (See re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA 1955))
If the fin array is modified to be 2700 mm long, one fin acting as the middle plate would be within the distance of 250 mm to 900 mm from the side plate, and a second fin acting as another middle plate would be within the distance of 250 mm to 900 mm from the other middle plate. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. (MPEP 2144.05)
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-3, 6-9, and 11-15 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to An Bach Phan whose telephone number is (571)272-7244. The examiner can normally be reached M-F, 7-3 ET.
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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/A.B.P./Examiner, Art Unit 3763
/LEN TRAN/Supervisory Patent Examiner, Art Unit 3763
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