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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 08/26/2025 was filed after the mailing date of the instant application on 09/18/2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement 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) 1-10 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 (22 and 25 combined, Fig. 1, [0034]) applied to an insertion-plate-type heat exchanger (12, Fig. 1, [0034]), wherein the insertion-plate-type heat exchanger comprises
a plurality of heat exchanger tubes (15, Fig. 1, [0033]) and a plurality of insertion plates (14, Fig. 1, [0033]),
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]),
the fixing structure is located on a side surface of the insertion-plate-type heat exchanger (Fig. 1, [0034]); and
the fixing structure comprises a first fixing portion (22, Fig. 1) and a second fixing portion (25, Fig. 1) connected to each other (22 and 25 combined, Fig. 1, [0034]),
the first fixing portion is fixedly connected to the plurality of heat exchanger tubes (22, Fig. 1), and
the second fixing portion extends along a direction away from the first fixing portion (25, Fig. 1).
Regarding claim 2, Song teaches the fixing structure (22 and 25 combined, Fig. 1) is located on the side surface (22, Fig. 1) and the end surface (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), and
the side plate and the end plate are an integral structure (22 and 25 combined, Fig. 1).
Regarding claim 3, Song teaches the number of the side plate is one (22, Fig. 1), the number of the end plate is one (25, Fig. 1).
Regarding claim 4, Song teaches the fixing structure (22 and 25 combined, Fig. 1) is located on the side surface of the insertion-plate-type heat exchanger (22, Fig. 1),
the fixing structure comprises a side plate (22, Fig. 1),
the side plate extends along a length direction of each of the plurality of insertion plates and is located on the side surface of the insertion-plate-type heat exchanger (22, Fig. 1),
the side plate is provided with a plurality of inserting holes (29, Fig. 1, [0034]) corresponding to the plurality of heat exchanger tubes, and
the plurality of heat exchanger tubes (15, Fig. 1, [0034]) are inserted into the plurality of inserting holes (29, Fig. 1, [0034]).
Regarding claim 5, Song teaches the side plate is provided with a plurality of inserting holes (29, Fig. 1, [0034]) corresponding to the plurality of heat exchanger tubes,
the plurality of heat exchanger tubes (15, Fig. 1, [0034]) are inserted into the plurality of inserting holes (29, Fig. 1, [0034]); and
the side plate is further provided with a first edge portion, at least one of the plurality of inserting holes passes through the first edge portion to define an opening (See annotated figure below).
PNG
media_image1.png
618
302
media_image1.png
Greyscale
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 figure below).
PNG
media_image2.png
618
302
media_image2.png
Greyscale
Regarding claim 7, Song teaches a size of the 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 figure below).
PNG
media_image3.png
618
323
media_image3.png
Greyscale
Regarding claim 8, Song teaches the side plate is provided with a plurality of inserting holes (29, Fig. 1, [0034]) corresponding to the plurality of heat exchanger tubes,
the plurality of heat exchanger tubes (15, Fig. 1, [0034]) are inserted into the plurality of inserting holes (29, Fig. 1, [0034]); and
two sides of the side plate comprise a first edge portion and a second edge portion, respectively (See annotated figure 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 figure below).
PNG
media_image4.png
618
302
media_image4.png
Greyscale
Regarding claim 9, Song teaches the side plate is provided with a plurality of inserting holes (29, Fig. 1, [0034]) corresponding to the plurality of heat exchanger tubes,
the plurality of heat exchanger tubes (15, Fig. 1, [0034]) are inserted into the plurality of inserting holes (29, Fig. 1, [0034]); and
two sides of the side plate comprise a first edge portion and a second edge portion, respectively (See annotated figure below),
each of the plurality of inserting holes comprises a first inserting hole and a second inserting hole (See annotated figure below),
the first inserting hole passes through the first edge portion and/or the second edge portion to define an opening (See annotated figure below),
a side wall of the second inserting hole is spaced from the first edge portion and the second edge portion (See annotated figure below).
PNG
media_image5.png
618
302
media_image5.png
Greyscale
Regarding claim 10, Song teaches the first fixing portion and the second fixing portion are disposed in the side plate and the end plate (the combined region of both the side plate and end plate includes the first fixing portion and second fixing portion), and
the second fixing portion (25, Fig. 1) is bent relative to the first fixing portion (22, Fig. 1).
Regarding claim 13, Song teaches an insertion-plate-type heat exchanger (12, Fig. 1,
[0034]) comprising
a plurality of heat exchanger tubes (15, Fig. 1, [0033]),
a plurality of insertion plates (14, Fig. 1, [0033]) and
a fixing structure (22 and 24 combined, Fig. 1, [0034]), wherein
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]),
the fixing structure is located on a side surface of the insertion-plate-type heat exchanger (Fig. 1, [0034]); and
the fixing structure comprises a first fixing portion (22, Fig. 1) and a second fixing portion (24, Fig. 1) connected to each other (22 and 24 combined, Fig. 1, [0034]),
the first fixing portion is fixedly connected to the plurality of heat exchanger tubes (22, Fig. 1), and
the second fixing portion is fixedly connected to an external machine (24, [0034]).
Claim(s) 1 and 11 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 (22 and 24 combined, Fig. 1, [0034]) applied to an insertion-plate-type heat exchanger (12, Fig. 1, [0034]), wherein the insertion-plate-type heat exchanger comprises
a plurality of heat exchanger tubes (15, Fig. 1, [0033]) and a plurality of insertion plates (14, Fig. 1, [0033]),
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]),
the fixing structure is located on a side surface of the insertion-plate-type heat exchanger (Fig. 1, [0034]); and
the fixing structure comprises a first fixing portion (22, Fig. 1) and a second fixing portion (24, Fig. 1) connected to each other (22 and 24 combined, Fig. 1, [0034]),
the first fixing portion is fixedly connected to the plurality of heat exchanger tubes (22, Fig. 1), and
the second fixing portion extends along a direction away from the first fixing portion (24, Fig. 1).
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]).
Claim(s) 1, 4, and 12 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Sawant (US 2023/175792).
Regarding claim 1, Sawant teaches a fixing structure (1180 and 1182 combined , Fig. 17, [0065]) applied to an insertion-plate-type heat exchanger (154 and 1102 combined; 154, Fig. 6, Fig. 7, [0052], [0053]; 1102, Fig. 8, Fig. 9, [0056], [0057]), wherein the insertion-plate-type heat exchanger comprises
a plurality of heat exchanger tubes (182, Fig. 7, [0053]; 1120, Fig. 9, [0057]) and a plurality of insertion plates (176, Fig. 7, [0053]; 1116, Fig. 9, [0057]),
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. 7, [0053]; Fig. 9, [0057]),
the fixing structure is located on a side surface of the insertion-plate-type heat exchanger (Fig. 16, Fig. 17, [0064]); and
the fixing structure comprises a first fixing portion (1180 combined with 1194 of 1182, Fig. 17, [0065]) and a second fixing portion (1192 of 1182, Fig. 17, [0065]) connected to each other ([0065]),
the first fixing portion is fixedly connected to the plurality of heat exchanger tubes (Fig. 17), and
the second fixing portion extends along a direction away from the first fixing portion (Fig. 17).
Regarding claim 4, Sawant teaches the fixing structure (1180 and 1182 combined , Fig. 17, [0065]) is located on the side surface of the insertion-plate-type heat exchanger (Fig. 16, Fig. 17, [0064]),
the fixing structure comprises a side plate (1180, Fig. 17, [0064]),
the side plate extends along a length direction of each of the plurality of insertion plates and is located on the side surface of the insertion-plate-type heat exchanger (1180, Fig. 16, Fig. 17, [0064]),
the side plate is provided with a plurality of inserting holes (1184, Fig. 17, [0064]) corresponding to the plurality of heat exchanger tubes, and
the plurality of heat exchanger tubes (182, Fig. 7, Fig. 17, [0064]) are inserted into the plurality of inserting holes (1184, Fig. 17, [0064]).
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 (1180 and 1182, Fig. 17, [0064]),
a connecting component (1272 and 1226 combined, Fig. 17, [0072]) is disposed between adjacent two of a plurality of side plates (Fig. 17), the connecting component comprises a connecting plate (1272, Fig. 17, [0072]) and a fastener (1226, Fig. 17, [0072]),
two ends of the connecting plate are connected to the adjacent two of the plurality of side plates, respectively (Fig. 17),
the fastener penetrates through the connecting plate and the corresponding side plate to connect the connecting plate and the corresponding side plate (Fig. 17, [0072]).
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.
Claim(s) 14 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Song (US 2005/133209).
Regarding claim 14, Song teaches the fixing structure comprises
a side plate (22, Fig. 1) connected to the side surface of the insertion-plate-type heat exchanger,
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 (a fin of 14, 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)
Conclusion
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.
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.
/A.B.P./Examiner, Art Unit 3763
/LEN TRAN/Supervisory Patent Examiner, Art Unit 3763