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
Claims 3, 6, 9, 14-16, 20, 23-24, 26, 28-32, 35, 38-40, 42-43 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species, there being no allowable generic or linking claim.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 07/20/2026.
Claim 4 appears to be directed to an invention that is independent or distinct from the elected Species, wherein Claim 4 puts forth “at least one row of heat exchange tubes comprises the plurality of heat exchange tubes” (see figures 44, 46, 48, 50 of the original disclosure). Therefore, Claim 4 is hereby withdrawn.
Claim 22 appears to be directed to an invention that is independent or distinct from the elected Species, wherein Claim 22 puts forth “the first slot edge of at least one heat exchange tube slot of the plurality of heat exchange tube slots of at least one fin of the plurality of fins and the first slot edge of at least another heat exchange tube slot of the plurality of heat exchange tube slots of the at least one fin of the plurality of fins are displaced from each other in the third direction” (see figures 38, 40, 46, 50 of the original disclosure). Therefore, Claim 22 is hereby withdrawn.
Specification
The disclosure is objected to because of the following informalities:
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means”, “said” and “comprising” should be avoided.
Claim Interpretation
The limitation “and/or” contained within the present claims is hereby interpreted as –or--.
Claim Objections
Claim 34 is objected to because of the following informalities: “when viewed in the first direction” in ll. 1 should be rewritten to be -- when viewed in the second direction--, and will be interpreted accordingly. Appropriate correction is required.
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.
Claims 2, 5, 17-18, 33 and 45 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Regarding Claim 2, the limitation “Wtij is a size of a jth heat exchange tube, of the row of heat exchange tubes in the ith heat exchange tube slot from one side to the other side of the heat exchanger in the first direction, from a first side to a second side of the heat exchanger in the third direction” is indefinite, in context, since it cannot be discerned what specific measurement is Wtij, wherein it is unclear as to the specific size being claimed. For Examination purposes and in accordance with the specification and drawings, Wtij will be interpreted as the width of the heat exchange tube in the respective slot.
Regarding Claim 5, “ where a claim directed to a device can be read to include the same element twice, the claim may be indefinite.” Ex parte Kristensen, 10 USPQ2d 1701 (Bd. Pat. App. & Inter. 1989). See MPEP 2173.05(o). In the present case, Claim 5 puts forth “a gap”, wherein it is unclear as to whether the gap of Claim 5 is referring to the gap put forth in Claim 1 or is this a new and distinct gap. For Examination purposes and in accordance with the specification and drawings, the gap in Claim 5 will be interpreted as the same gap put forth in Claim 1.
Regarding Claim 17, the limitation “odd numbered columns” and “even numbered columns” is indefinite, in context, since it cannot be discerned how many columns of gaps are found within the heat exchanger. Figure 32, elected by the Applicant, displays two columns of gaps (5), wherein it appears only a singular odd or even column of gaps is situated within the fin. For Examination purposes and in accordance with the specification and drawings, “the gaps of odd numbered columns of gaps of the plurality of columns of gaps are formed in some heat exchange tube slots of the plurality of heat exchange tube slots, and the gaps of even numbered columns of gaps of the plurality of columns of gaps are formed in some other heat exchange tube slots of the plurality of heat exchange tube slots; and the some heat exchange tube slots and the some other heat exchange tube slots are arranged alternately in the first direction” will be interpreted as –the gaps comprise an odd numbered column of gaps of the plurality of columns of gaps, the odd numbered column of gaps is formed in some heat exchange tube slots of the plurality of heat exchange tube slots, and the comprise an even numbered column of gaps of the plurality of columns of gaps, the even numbered column of gaps is formed in some other heat exchange tube slots of the plurality of heat exchange tube slots; and the some heat exchange tube slots and the some other heat exchange tube slots are arranged alternately in the first direction--.
Regarding Claim 18, the limitation “odd numbered columns” and “even numbered columns” is indefinite, in context, since it cannot be discerned how many columns of tubes are found within the heat exchanger. Figure 32, elected by the Applicant, displays two columns of tubes (1), wherein it appears only a singular odd or even column of tubes is situated within the fin. For Examination purposes and in accordance with the specification and drawings, “the heat exchange tubes of odd numbered columns of heat exchange tubes of the plurality of columns of heat exchange tubes are provided in some heat exchange tube slots of the plurality of heat exchange tube slots, and the heat exchange tubes of even numbered columns of heat exchange tubes of the plurality of columns of heat exchange tubes” will be interpreted as – the heat exchange tubes of an odd numbered column of heat exchange tubes of the plurality of columns of heat exchange tubes are provided in some heat exchange tube slots of the plurality of heat exchange tube slots, and the heat exchange tubes of an even numbered column of heat exchange tubes of the plurality of columns of heat exchange tubes --.
Regarding Claim 33, the limitation “the heat exchange tubes of each column of heat exchange tubes of the plurality of columns of heat exchange tubes and the heat exchange tubes of the adjacent column of heat exchange tubes of the plurality of columns of heat exchange tubes are separated from each other in the third direction” is indefinite, in context, since it cannot be discerned what specific columns of tubes are being compared. For Examination purposes and in accordance with the specification and drawings, “the heat exchange tubes of each column of heat exchange tubes of the plurality of columns of heat exchange tubes and the heat exchange tubes of the adjacent column of heat exchange tubes of the plurality of columns of heat exchange tubes are separated from each other in the third direction” will be interpreted as – the heat exchange tubes of a first column of heat exchange tubes of the plurality of columns of heat exchange tubes and the heat exchange tubes of an adjacent second column of heat exchange tubes of the plurality of columns of heat exchange tubes are separated from each other in the third direction--.
Regarding Claim 45, the limitation “or the bent heat exchanger” is indefinite, in context, since it cannot be discerned what bent heat exchanger is being referenced. For Examination purposes and in accordance with the specification and drawings, “An air conditioning system comprising: the heat exchanger according claim 1 or the bent heat exchanger” will be interpreted as – An air conditioning system comprising: the heat exchanger according to claim 1--.
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 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)(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.
Claims 1, 5, 7, 21, 27 and 41 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Zhao et al. (US PG Pub. 2024/0175636A1), hereinafter referred to as Zhao.
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Zhao Figure 15
Regarding Claim 1, Zhao discloses a heat exchanger comprising:
a plurality of rows (shown in figures 1 and 15) of heat exchange tubes (5, 6) arranged in a first direction (shown in annotated figure 15), each row of heat exchange tubes comprising one heat exchange tube (5, 6); and
a plurality of fins (7) arranged in a second direction perpendicular to the first direction (shown in figure 1, being along the “Length Direction of the heat exchange tube”), wherein each of the plurality of fins comprises a fin body (shown in figure 15), and
a plurality of heat exchange tube slots (shown in figure 15) formed in the fin body (“the first fin 7 may also be a cross-inserted fin or a tube-penetrating fin” ¶47), the one heat exchange tube (5, 6) of each row of heat exchange tubes of the plurality of rows of heat exchange tubes being inserted into one heat exchange tube slot of the plurality of heat exchange tube slots (shown in figure 15), a length of at least one heat exchange tube slot (shown in figure 15, being the slot for the upper tube), in a third direction perpendicular to the first direction and the second direction (shown in annotated figure 15), of the plurality of heat exchange tube slots of at least one fin of the plurality of fins is greater than a heat exchange tube size of the row of heat exchange tubes inserted into the at least one heat exchange tube slot in the third direction to form a gap (shown in annotated figure 15) for passage of water in the at least one heat exchange tube slot (see intended use analysis below);
in the case that the row of heat exchange tubes comprises the one heat exchange tube, the heat exchange tube size is a size of the one heat exchange tube in the third direction (shown in figure 15, wherein the size of the heat exchanger tube is the width of said tube (5)).
A recitation with respect to the manner in which a claimed apparatus is intended to be employed, regarding “for passage of water in the at least one heat exchange tube slot”, does not differentiate the claimed apparatus from a prior art apparatus satisfying the structural limitations of the claims, as is the case here. Please see Section 2114 of the MPEP entitled Functional Language.
Regarding Claim 5, Zhao further discloses the heat exchange tube (5) comprises a first tube edge (shown in figure 15, being the left edge of the tube (5)) and a second tube edge (shown in figure 15, being the right edge of the tube (5)), the first tube edge and the second tube edge of the heat exchange tube being respectively positioned on outermost sides of the heat exchange tube in the third direction (shown in annotated figure 15), and
the heat exchanger has a first side and a second side opposite to each other in the third direction (shown in figure 15, wherein the first side is the left side of the fin (7) and the second side is the right side of the fin (7)), the first tube edge of the heat exchange tube being closer to the first side of the heat exchanger than the second tube edge of the heat exchange tube in the third direction (shown in figure 15);
the heat exchange tube slot (shown in figure 15, being the slot housing the tube (5)) of the fin (7) has a first slot edge (shown in figure 15, being the left most edge of the slot) and a second slot edge (shown in figure 15, being the right most edge of the slot), the first slot edge and the second slot edge of the heat exchange tube slot of the fin being respectively positioned on outermost sides of the heat exchange tube slot in the third direction (shown in annotated figure 15), and the first slot edge of the heat exchange tube slot of the fin being closer to the first side of the heat exchanger than the second slot edge of the heat exchange tube slot of the fin in the third direction (shown in annotated figure 15); and
there is a gap in the third direction between the second slot edge (shown in figure 15, being the right most edge of the slot) of the at least one heat exchange tube slot of the plurality of heat exchange tube slots of at least one fin (7) of the plurality of fins and the second tube edge (shown in figure 15, being the right edge of the tube (5)) of the one heat exchange tube of the row of heat exchange tubes inserted into the at least one heat exchange tube slot (shown in annotated figure 15).
Regarding Claim 7, Zhao further discloses the heat exchange tube (5) comprises a first tube edge (shown in figure 15, being the left edge of the tube (5)) and a second tube edge (shown in figure 15, being the right edge of the tube (5)), the first tube edge and the second tube edge of the heat exchange tube being respectively positioned on outermost sides of the heat exchange tube in the third direction (shown in annotated figure 15), and
the heat exchanger has a first side and a second side opposite to each other in the third direction (shown in figure 15, wherein the first side is the left side of the fin (7) and the second side is the right side of the fin (7)), the first tube edge of the heat exchange tube being closer to the first side of the heat exchanger than the second tube edge of the heat exchange tube in the third direction (shown in figure 15);
the heat exchange tube slot (shown in figure 15, being the slot housing the tube (5)) of the fin (7) has a first slot edge (shown in figure 15, being the left most edge of the slot) and a second slot edge (shown in figure 15, being the right most edge of the slot), the first slot edge and the second slot edge of the heat exchange tube slot of the fin being respectively positioned on outermost sides of the heat exchange tube slot in the third direction (shown in annotated figure 15), and the first slot edge of the heat exchange tube slot of the fin being closer to the first side of the heat exchanger than the second slot edge of the heat exchange tube slot of the fin in the third direction (shown in annotated figure 15); and
the heat exchange tubes of the plurality of rows of heat exchange tubes comprise a plurality of columns of heat exchange tubes (shown in figures 1 and 15, wherein multiple columns of heat exchange tubes are shown in conjunction with the fin) arranged in the third direction (shown in annotated figure 15), each column of heat exchange tubes of the plurality of columns of heat exchange tubes comprising a plurality of heat exchange tubes arranged in the first direction (shown in figures 1 and 15, wherein the heat exchange tubes (5,6) are shown to be aligned with one another along the direction parallel with the extension of the tubes (1-4)).
Regarding Claim 21, Zhao further discloses the heat exchange tube (5) comprises a first tube edge (shown in figure 15, being the left edge of the tube (5)) and a second tube edge (shown in figure 15, being the right edge of the tube (5)), the first tube edge and the second tube edge of the heat exchange tube being respectively positioned on outermost sides of the heat exchange tube in the third direction (shown in annotated figure 15), and
the heat exchanger has a first side and a second side opposite to each other in the third direction (shown in figure 15, wherein the first side is the left side of the fin (7) and the second side is the right side of the fin (7)), the first tube edge of the heat exchange tube being closer to the first side of the heat exchanger than the second tube edge of the heat exchange tube in the third direction (shown in figure 15); and
the first tube edge of the one heat exchange tube (shown in figure 15, being the left edge of the tube (5)), of at least one row of heat exchange tubes of the plurality of rows of heat exchange tubes (shown in figure 15) and the first tube edge of the one heat exchange tube (shown in figure 15, being the left edge of the tube (6)) of at least another row of heat exchange tubes (6) of the plurality of rows of heat exchange tubes are displaced from each other in the third direction (shown in figure 15).
Regarding Claim 27, Zhao further discloses wherein the heat exchange tube (5) of the plurality of rows of heat exchange tubes (shown in figure 1) comprises a first end positioned on one side of the heat exchange tube in the second direction (shown in figure 1, being the end of the tube connecting with the first tube (1)) and a second end positioned on the other side of the heat exchange tube in the second direction shown in figure 1, being the end of the tube connecting with the third tube (1)); and
the heat exchanger further comprises:
a first header (1) connected and fluidly communicated with the first ends of the heat exchange tubes of the plurality of rows of heat exchange tubes (shown in figure 1); and a second header (3) connected and fluidly communicated with the second ends of the heat exchange tubes of the plurality of rows of heat exchange tubes (shown in figure 1).
Regarding Claim 41, Zhao further discloses the heat exchange tube slot of the fin (shown in figure 15) has a first slot edge (shown in figure 15, being the left most edge of the slot) and a second slot edge (shown in figure 15, being the right most edge of the slot), the first slot edge and the second slot edge of the heat exchange tube slot of the fin being respectively positioned on outermost sides of the heat exchange tube slot in the third direction (shown in figure 15), and
the first slot edge of the heat exchange tube slot of the fin being closer to the first side of the heat exchanger than the second slot edge of the heat exchange tube slot of the fin in the third direction (shown in annotated figure 15); and
the heat exchange tube slot of the plurality of fins has an opening towards the second side of the heat exchanger (shown in figure 15).
Claims 1, 7, 8, 10-13, 17-19, 25, 33 and 37 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lee et al. (Translation of KR20120044847A), hereinafter referred to as Lee.
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Lee Figure 16
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Regarding Claim 1, Lee discloses a heat exchanger comprising:
a plurality of rows (shown in annotated figure 16) of heat exchange tubes (20) arranged in a first direction (shown in annotated figure 16), each row of heat exchange tubes comprising one heat exchange tube (20, shown in annotated figure 16); and
a plurality of fins (30) arranged in a second direction perpendicular to the first direction (shown at least in figure 6, being the left right direction), wherein each of the plurality of fins comprises a fin body (shown in figures 6 and 16), and
a plurality of heat exchange tube slots (311, 312) formed in the fin body (shown in figure 16, “the plate heat exchange pin 30 is formed in the tube heat exchange coupling opening hole 31, which is a plurality of open holes, and together with the tube support plate 40 formed with a coupling structure similar to the plate heat exchange pin 30”), the one heat exchange tube (20) of each row of heat exchange tubes of the plurality of rows of heat exchange tubes being inserted into one heat exchange tube slot of the plurality of heat exchange tube slots (shown at least in figure 16, wherein the cross sectional view shows the respective tubes (20) being situated within respective slots), a length of at least one heat exchange tube slot (shown in figure 16), in a third direction perpendicular to the first direction and the second direction (shown in annotated figure 16), of the plurality of heat exchange tube slots of at least one fin of the plurality of fins is greater than a heat exchange tube size of the row of heat exchange tubes inserted into the at least one heat exchange tube slot in the third direction to form a gap (shown in figure 16, wherein a gap is present between the exterior facing tube sidewall and the adjacent outside surface of the fin (30)) for passage of water in the at least one heat exchange tube slot (see intended use analysis below);
in the case that the row of heat exchange tubes comprises the one heat exchange tube, the heat exchange tube size is a size of the one heat exchange tube in the third direction (shown in figure 16, wherein the size of the heat exchanger tube is the width of said tube (20)).
A recitation with respect to the manner in which a claimed apparatus is intended to be employed, regarding “for passage of water in the at least one heat exchange tube slot”, does not differentiate the claimed apparatus from a prior art apparatus satisfying the structural limitations of the claims, as is the case here. Please see Section 2114 of the MPEP entitled Functional Language.
Regarding Claim 7, Lee further discloses the heat exchange tube (20) comprises a first tube edge (shown in annotated figure 16, being the left edge of the annotated tubes (20) in the respective slot) and a second tube edge (shown in annotated figure 16, being the right edge of the tube (20) in the respective slot), the first tube edge and the second tube edge of the heat exchange tube being respectively positioned on outermost sides of the heat exchange tube in the third direction (shown in figure 7), and
the heat exchanger has a first side and a second side opposite to each other in the third direction (shown in figure 16, wherein the first side is the left side of the fin (30) and the second side is the right side of the fin (30)), the first tube edge of the heat exchange tube being closer to the first side of the heat exchanger than the second tube edge of the heat exchange tube in the third direction (shown in figure 16);
the heat exchange tube slot (shown in figure 16, being the slot housing the respective tube (20)) of the fin (30) has a first slot edge (shown in figure 16, being the left most edge of the respective slot) and a second slot edge (shown in figure 16, being the right most edge of the respective slot), the first slot edge and the second slot edge of the heat exchange tube slot of the fin being respectively positioned on outermost sides of the heat exchange tube slot in the third direction (shown in figure 16), and
the first slot edge of the heat exchange tube slot of the fin being closer to the first side of the heat exchanger than the second slot edge of the heat exchange tube slot of the fin in the third direction (shown in figure 16); and
the heat exchange tubes of the plurality of rows of heat exchange tubes comprise a plurality of columns of heat exchange tubes (shown in figure 16, being the left most column of tubes and the middle column on tubes) arranged in the third direction (shown in figure 1), each column of heat exchange tubes of the plurality of columns of heat exchange tubes comprising a plurality of heat exchange tubes arranged in the first direction (shown in figure 16, wherein the left most column of tubes comprises a plurality of tubes being aligned in the annotated “1st Direction” and the middle column of tubes comprises a plurality if tubes aligned in the annotated “1st Direction”).
Regarding Claim 8, Lee further discloses orthogonal projections of the heat exchange tubes of two adjacent rows of heat exchange tubes in a plane perpendicular to the first direction are separated from each other in the third direction (shown in annotated figure 16, wherein the top annotated tube is directly adjacent the left side of the fin and the second top most annotated tube is more central to the fin or rather the top tube of the annotated “1st Heat Exchange Tube Column” is directly adjacent the left side of the fin and the top tube of the annotated “2nd Heat Exchange Tube Column” is is more centrally located).
Regarding Claim 10, Lee further discloses a plurality of gaps for the drainage of water are formed between at least some heat exchange tube slots of at least some fins of the plurality of fins and the heat exchange tubes of the rows of heat exchange tubes inserted into the at least some heat exchange tube slots (shown in annotated figure 16, wherein a 1st and 2nd column of gaps are formed by gaps situated within a respective slot), the plurality of gaps comprising a plurality of columns of gaps arranged in the third direction, each column of gaps of the plurality of columns of gaps comprising a plurality of gaps arranged in the first direction (shown in annotated figure 16, wherein a plurality of gaps form the annotated 1st and 2nd Columns of Gaps are separated in the annotated “3rd Direction” and are aligned along the annotated “1st Direction”).
A recitation with respect to the manner in which a claimed apparatus is intended to be employed, regarding “for the drainage of water”, does not differentiate the claimed apparatus from a prior art apparatus satisfying the structural limitations of the claims, as is the case here. Please see Section 2114 of the MPEP entitled Functional Language.
Regarding Claim 11, Lee further discloses the gaps in at least two adjacent heat exchange tube slots are displaced from each other in the third direction (shown in annotated figure 16, wherein an annotated gap from the 1st Column of Gaps is separated in the annotated “3rd Direction” from an annotated gap from the 2nd Column of Gaps).
Regarding Claim 12, Lee further discloses the plurality of columns of heat exchange tubes are arranged sequentially from the first side to the second side of the heat exchanger in the third direction (shown in annotated figure 16, being the annotated 1st and 2nd Heat Exchange Tube Columns); and
there are gaps between the first slot edges (shown in figure 16, being the left most edge of a respective slot) of the heat exchange tube slots and the first tube edges of the heat exchange tubes (shown in annotated figure 16, being the left edge of the annotated tubes (20) in the respective slot) of a second column of heat exchange tubes (shown in annotated figure 16, being the “2nd Heat Exchange Tube Column”) of the plurality of columns of heat exchange tubes inserted into the heat exchange tube slots in the third direction (shown in annotated figure 16).
Regarding Claim 13, Lee further discloses the first slot edges (shown in figure 16, being the left most edge of a respective slot) of the heat exchange tube slots and the first tube edges of the heat exchange tubes (shown in annotated figure 16, being the left edge of the annotated tubes (20) in the respective slot) of a first column of heat exchange tubes (shown in annotated figure 16, being the “1st Heat Exchange Tube Column”) of the plurality of columns of heat exchange tubes inserted into the heat exchange tube slots are substantially aligned with each other in the third direction (shown in annotated figure 16).
Regarding Claim 17, Lee further discloses the plurality of columns of gaps are arranged sequentially from the second side to the first side (shown in figure 16, wherein the first side is the left side of the fin (30) and the second side is the right side of the fin (30)) of the heat exchanger in the third direction (shown in annotated figure 16, being the “1st Heat Exchange Tube Column” and the “2nd Heat Exchange Tube Column”);
the gaps of odd numbered columns of gaps of the plurality of columns of gaps (shown in annotated figure 16, wherein the odd numbered column or the “2nd Column of Gaps” is closest to the right side of the fin (30)) are formed in some heat exchange tube slots of the plurality of heat exchange tube slots (shown in figure 16), and the gaps of even numbered columns of gaps of the plurality of columns of gaps (shown in annotated figure 16, wherein the even numbered column or the “1st Column of Gaps” is closest to the left side of the fin (30)) are formed in some other heat exchange tube slots of the plurality of heat exchange tube slots; and the some heat exchange tube slots and the some other heat exchange tube slots are arranged alternately in the first direction (shown in figure 16).
Regarding Claim 18, Lee further discloses the heat exchange tubes of odd numbered columns of heat exchange tubes of the plurality of columns of heat exchange tubes (shown in annotated figure 16, being the tubes (20) associated with the “2nd Heat Exchange Tube Column”) are provided in some heat exchange tube slots of the plurality of heat exchange tube slots (shown in figure 16), and the heat exchange tubes of even numbered columns of heat exchange tubes of the plurality of columns of heat exchange tubes (shown in annotated figure 16, being the tubes (20) associated with the “1st Heat Exchange Tube Column”) are formed in some other heat exchange tube slots of the plurality of heat exchange tube slots (shown in annotated figure 16); and the some heat exchange tube slots and the some other heat exchange tube slots are arranged alternately in the first direction (shown in annotated figure 16).
Regarding Claim 19, Lee further discloses the first tube edges of the heat exchange tubes of at least one column of heat exchange tubes of the plurality of columns of heat exchange tubes (shown in annotated figure 16, being the left edge of the annotated tubes (20) of the “1st Heat Exchange Tube Column”) are substantially aligned with each other in the third direction (shown in annotated figure 16), and/or, the second tube edges of the heat exchange tubes of the at least one column of heat exchange tubes of the plurality of columns of heat exchange tubes (shown in annotated figure 16, being the right edge of the annotated tubes (20) of the “1st Heat Exchange Tube Column”) are substantially aligned with each other in the third direction (shown in annotated figure 16).
Regarding Claim 25, Lee further discloses the first slot edges of the heat exchange tube slots of the plurality of fins (shown in figure 16, being the left most edge of the respective slot) are substantially aligned with each other in the third direction (shown in figure 16), and the second slot edges of the heat exchange tube slots of the plurality of fins (shown in figure 16, being the right most edge of the respective slot) are substantially aligned with each other in the third direction (shown in annotated figure 16).
Regarding Claim 33, Lee further discloses the heat exchange tubes of each column of heat exchange tubes of the plurality of columns of heat exchange tubes (shown in figures 1 and 15, wherein multiple columns of heat exchange tubes are shown in conjunction with the fin) and the heat exchange tubes of the adjacent column of heat exchange tubes of the plurality of columns of heat exchange tubes are separated from each other in the third direction (shown in figure 15, wherein any column of tubes are separated from an adjacent column in the annotated “3rd Direction”).
Regarding Claim 37, Lee further discloses at least two heat exchange tube slots of the plurality of heat exchange tube slots of at least one fin of the plurality of fins (shown in figure 16, being the column of slots on the left side of said fin (30)) have substantially the same size in the third direction (shown in figure 16), and the heat exchange tubes of the rows of exchange tubes inserted into the at least two heat exchange tube slots have substantially the same size in the third direction (shown in figure 16).
Claim 45 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yamazaki et al. (Translation of JP2021008995A), hereinafter referred to as Yamazaki.
Regarding Claim 45, Yamazaki discloses an air conditioning system (“The present invention relates to, for example, a parallel flow type heat exchanger incorporated in a ceiling-mounted air conditioner or the like and a method for manufacturing the same) comprising: the bent heat exchanger, wherein the bent heat exchanger (shown in figure 1 of Yamazaki) is formed by bending the heat exchanger (“To suppress performance deterioration due to the deformation of a fin when a heat exchanger is subjected to bending work, and to facilitate the bending work of the heat exchanger”, abstract of Yamazaki).
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 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 of this title, 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 2 is rejected under 35 U.S.C. 103 as being unpatentable over Zhao et al. (US PG Pub. 2024/0175636A1) as applied in Claims 1, 5, 7, 21, 27 and 41 above and in further view of McCloskey (US PG Pub. 20230163227A1), hereinafter referred to as McCloskey.
Regarding Claim 2, Zhao discloses the fins (7) and the heat exchange tubes (5,6) of the heat exchanger satisfy the following relationship of:
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where, Wf is a width of the fin in the third direction (shown in annotated figure 15 above, wherein the fin has a width in the third direction), Lf is a length of the fin in the first direction (shown in annotated figure 15 above, wherein the fin has a length in the first direction), Wsi is a length of an ith heat exchange tube slot from one side to the other side of the heat exchanger in the first direction (shown in annotated figure 15 above, wherein the tube slot has a length from one side to the other side of the heat exchanger in the first direction), Tsi is a width of the ith heat exchange tube slot from one side to the other side of the heat exchanger in the first direction (shown in annotated figure 15 above, wherein the tube slot has a width from one side to the other side of the heat exchanger in the first direction), Pf is a spacing between adjacent fins (shown in figure 15, wherein plate fins are formed along the longitudinal direction of the heat exchange tubes at a predetermined spacing), Tf is a thickness of the fin body of the fin (shown in figure 15, wherein plate fins have a thickness), Wtij is a size of a jth heat exchange tube, of the row of heat exchange tubes in the ith heat exchange tube slot from one side to the other side of the heat exchanger in the first direction, from a first side to a second side of the heat exchanger in the third direction; when the row of heat exchange tubes comprises the one heat exchange tube (shown in figure 15, wherein the tube (5) is situated within a slot and has a width, j=1.
Regarding Claim 15, Zhao fails to disclose R is equal to 150. McCloskey, also drawn to a heat exchanger having tubes and fins, teaches it is old and well known to utilize parameters such as fin spacing and fin thickness to optimize heat exchange within a heat exchanger. “The important parameters for the natural convection heat exchanger design are the fin height hfin, the fin thickness tfin and the fin spacing S. The fins define air channels of thickness (fin spacing) S, and the fluid properties, temperature difference and aspect ratio of the problem determine the optimum fin spacing.“ (¶118). Therefore, the fin spacing and fin thickness are recognized as a result-effective variable, i.e. a variable which achieves a recognized result. In this case, the recognized result is to optimize heat transfer through the heat exchanger, wherein a smaller spacing increases pressure drop and a larger thickness increases weight and associated costs, and vice versa. Therefore, since the general conditions of the claim, i.e. that the parameters of the fins was disclosed in the prior art by Zhao, and McCloskey teaches it is old and well known to modify said parameters to optimize heat transfer, it is not inventive to discover the optimum workable range by routine experimentation, and it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention for the equation to have a value of less than 150 due to the manipulation of fin thickness and fin spacing. See MPEP 2144.05 II.
Claims 34 and 36 are rejected under 35 U.S.C. 103 as being unpatentable over Zhao et al. (US PG Pub. 2024/0175636A1) as applied in Claims 1, 5, 7, 21, 27 and 41 above and in further view of Young (USP 6249968B1), hereinafter referred to as Young.
Regarding Claim 34, Zhao fails to disclose when viewed in the first direction, the fin bodies of the plurality of fins are inclined relative to the third direction.
Young, also drawn to a tube (30) fin (60) heat exchanger, teaches when viewed in the first direction (shown in figure 16), the fin bodies (60) of the plurality of fins are inclined relative to the third direction (shown in figure 16).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide Zhao with when viewed in the first direction, the fin bodies of the plurality of fins are inclined relative to the third direction, as taught by Young, the motivation being to induce turbulence within the air flow path thereby increasing overall heat transfer of the assembly.
Regarding Claim 36, a modified Zhao further teaches the heat exchange tube slot (shown in figure 15, being the slot housing the tube (5)) of the fin (7) has a first slot edge (shown in figure 15, being the left most edge of the slot) and a second slot edge (shown in figure 15, being the right most edge of the slot), the first slot edge and the second slot edge of the heat exchange tube slot of the fin being respectively positioned on outermost sides of the heat exchange tube slot in the third direction (shown in annotated figure 15), and the first slot edge of the heat exchange tube slot of the fin being closer to the first side of the heat exchanger than the second slot edge of the heat exchange tube slot of the fin in the third direction (shown in annotated figure 15); and
each of the plurality of fins further comprises:
a fin segment (shown in figure 16 of Young being the left most horizontal portion of the fin) extending from an edge of on the fin body on the first side of the heat exchanger in the third direction (the fin (60) of Young comprises a fin segment on the left most portion, corresponding to the first side of the fin of Zhao). It is noted that a modified Zhao having the inclined fins (60) of Young teaches the aforementioned limitations.
Claims 44-45 are rejected under 35 U.S.C. 103 as being unpatentable over Zhao et al. (US PG Pub. 2024/0175636A1) as applied in Claims 1, 5, 7, 21, 27 and 41 above.
Regarding Claim 44, Zhao discloses a bent heat exchanger, wherein the bent heat exchanger (shown in figure 2, wherein the heat exchange tubes are bent adjacent to a respective manifold) is formed by bending the heat exchanger according to claim 1 (see product by process analysis below).
In product-by-process claims, as in Claim 44, “once a product appearing to be substantially identical is found and a 35 U.S.C. 103 rejection [is] made, the burden shifts to the applicant to show an unobvious difference” MPEP 2113.
This rejection under 35 U.S.C. 103 is proper because the "[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process." In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985) (citations omitted). The combination of previous references meets the structural limitations put forth in Claim 44, wherein the final product existing after fabrication is compared to prior art for the purposes of patentability. The limitations regarding “is formed by bending” are drawn to methods of production and not the structural aspects of the instant invention.
Regarding Claim 45, Zhao teaches an air conditioning system (“The present disclosure relates to a field of heat exchangers, and in particular to a heat exchanger and an air conditioning system having the heat exchanger” ¶2) comprising: the heat exchanger according to claim 1 (see rejection of Claim 1).
In product-by-process claims, as in Claim 45, “once a product appearing to be substantially identical is found and a 35 U.S.C. 103 rejection [is] made, the burden shifts to the applicant to show an unobvious difference” MPEP 2113.
This rejection under 35 U.S.C. 103 is proper because the "[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process." In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985) (citations omitted). The combination of previous references meets the structural limitations put forth in Claim 45, wherein the final product existing after fabrication is compared to prior art for the purposes of patentability. The limitations regarding “is formed by bending” are drawn to methods of production and not the structural aspects of the instant invention.
Claim 44 is rejected under 35 U.S.C. 103 as being unpatentable over Zhao et al. (US PG Pub. 2024/0175636A1) as applied in Claims 1, 5, 7, 21, 27 and 41 above in further view of Yamazaki et al. (Translation of JP2021008995A), hereinafter referred to as Yamazaki.
Regarding Claim 44, in addition to Zhao, Yamazaki teaches a bent heat exchanger (shown in figure 1), wherein the bent heat exchanger is formed by bending (“To suppress performance deterioration due to the deformation of a fin when a heat exchanger is subjected to bending work, and to facilitate the bending work of the heat exchanger”, abstract) the heat exchanger according to claim 1 (see rejection of Claim 1 above, specifically Zhao).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide the heat exchanger of Zhao being bent, wherein the bent heat exchanger is formed by bending, as taught by Yamazaki, the motivation being to fabricate the heat exchanger to be deployed in a predetermined location, wherein a bend is required due to limited space.
In product-by-process claims, as in Claim 44, “once a product appearing to be substantially identical is found and a 35 U.S.C. 103 rejection [is] made, the burden shifts to the applicant to show an unobvious difference” MPEP 2113.
This rejection under 35 U.S.C. 103 is proper because the "[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process." In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985) (citations omitted). The combination of previous references meets the structural limitations put forth in Claim 44, wherein the final product existing after fabrication is compared to prior art for the purposes of patentability. The limitations regarding “is formed by bending” are drawn to methods of production and not the structural aspects of the instant invention.
Conclusion
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/PAUL ALVARE/Primary Examiner, Art Unit 3763
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