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
Applicant’s election without traverse of Species C (Figs. 5-6), Sub-Species AA (Fig. 7) and Sub-species BA (Fig. 16) claims 1-3, 5-6, 8-10, 12, 15, 17-20, 22, 24-25, 29-32, 34, 37, 39-45 and 48 in the reply filed on 5/18/2026 is acknowledged.
Claim 15 depends from cancelled claim 14 therefore claim 15 will be withdrawn.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “18” has been used to designate both the first end and the second end. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “19” has been used to designate both the first end and the second end. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 5 and 27 are 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.
Regarding claims 5 and 37, the phrase "in the case that" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claim 5 recites the limitation "the one heat exchange tube" in line 12. There is insufficient antecedent basis for this limitation in the claim since it is unclear which “the one” heat exchanger tube is referring to.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 15 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 15 depends from cancelled claim 14. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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.
Claims 1-3, 5, 8-10, 12, 17, 24-25, 29-32, 37, 39-40 and 48 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lee (KR 2012/0019807).
With respect to claim 1, Lee discloses a heat exchanger (10, Fig. 15, paragraph 6, “heat exchanger”) comprising: a plurality of fins (30, Fig. 15, paragraph 6, “plate heat exchange fin”), each of the plurality of fins comprising a fin body (30, Fig. 17, paragraph 12) and a plurality of columns (See annotated Fig. 17 below) of heat exchange tube slots (31, Fig. 17, paragraph 12, “tube heat exchange coupling opening hole”) formed in the fin body (Fig. 17, paragraph 12), each of the plurality of columns of heat exchange tube slots comprising a plurality of heat exchange tube slots arranged in a first direction (31, See annotated Fig. 17 below, paragraph 12, “tube heat exchange coupling opening hole”), the plurality of fins being arranged in a second direction perpendicular to the first direction (See annotated Fig. 15 below), and the plurality of columns of heat exchange tube slots of each of the plurality of fins being arranged in a third direction perpendicular to the first direction and the second direction (See annotated Fig. 15 and Fig. 17 below); wherein at least two heat exchange tube slots of the plurality of heat exchange tube slots of the plurality of columns of heat exchange tube slots of at least one fin of the plurality of fins have different sizes in the third direction (See figure 17 below, tube slots on the left side of 12 are larger than the tube slots on the right side of 12).
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With respect to claim 2, Lee discloses the heat exchanger according to claim 1 as discussed above. Lee also discloses wherein at least two heat exchange tube slots of the plurality of heat exchange tube slots of at least one column of heat exchange tube slots of the plurality of columns of heat exchange tube slots of at least one fin of the plurality of fins have different sizes in the third direction (Fig. 17, slots 312 and 313 on fin 12 have different sizes in the third direction).
With respect to claim 3, Lee discloses the heat exchanger according to claim 1 as discussed above. Lee also discloses wherein at least one heat exchange tube slot of the plurality of heat exchange tube slots of at least one column of heat exchange tube slots, positioned on a first side of the heat exchanger in the third direction, of the plurality of columns of heat exchange tube slots of at least one fin of the plurality of fins and at least one heat exchange tube slot of the plurality of heat exchange tube slots of at least another column of heat exchange tube slots, positioned on a second side of the heat exchanger opposite to the first side in the third direction, of the plurality of columns of heat exchange tube slots of the at least one fin of the plurality of fins have different sizes in the third direction (Fig. 17, tube slots 313 on a first side and tube slots 312 on a second side in a third direction have different sizes).
With respect to claim 5, Lee discloses the heat exchanger according to claim 1 as discussed above. Lee also discloses further comprising: a row of heat exchange tubes provided in each heat exchange tube slot of the plurality of heat exchange tube slots of each column of heat exchange tube slots of the plurality of columns of heat exchange tube slots (Fig. 17, tubes 20 are aligned in tube slots 313 and 312), the row of heat exchange tubes comprising one heat exchange tube or a plurality of heat exchange tubes (Fig. 17, 20), wherein a length of at least one heat exchange tube slot of the plurality of heat exchange tube slots of at least one column of heat exchange tube slots of the plurality of columns of heat exchange tube slots of at least one fin of the plurality of fins in the third direction is greater than a heat exchange tube size of the row of heat exchange tubes inserted in the at least one heat exchange tube slot in the third direction (Fig. 17, tube slot 313 is greater than 312), 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, and in the case that the row of heat exchange tubes comprises the plurality of heat exchange tubes, the heat exchange tube size is a sum of sizes of the plurality of heat exchange tubes in the third direction (Fig. 17).
With respect to claims 8-9, Lee discloses the heat exchanger according to claim 5 as discussed above. Lee also discloses wherein the plurality of heat exchange tube slots of at least one column of heat exchange tube slots of the plurality of columns of heat exchange tube slots of at least one fin of the plurality of fins comprise a plurality of first heat exchange tube slots and a plurality of second heat exchange tube slots, a length SL1 of the first heat exchange tube slot and a length SL2 of the second heat exchange tube slot satisfy the following relationship of:SL2≥n*SL1, where, n is a positive integer (as per claim 8) wherein n is greater than or equal to 2 (as per claim 9)(Fig. 16, tube slot length on the left side is more than double the length on the right side).
With respect to claim 10, Lee discloses the heat exchanger according to claim 8 as discussed above. Lee also discloses wherein the plurality of first heat exchange tube slots comprises a plurality of sets of first heat exchange tube slots, each set of first heat exchange tube slots comprising at least one first heat exchange tube slot; the plurality of second heat exchange tube slots comprises a plurality of sets of second heat exchange tube slots, each set of second heat exchange tube slots comprising at least one second heat exchange tube slot; and the plurality of sets of first heat exchange tube slots and the plurality of sets of second heat exchange tube slots are alternately arranged in the first direction (Fig. 17, tube slots 313 and 312).
With respect to claim 12, Lee discloses the heat exchanger according to claim 1 as discussed above. Lee also discloses wherein spacing between the plurality of heat exchange tube slots of at least one column of heat exchange tube slots, positioned on a first side of the heat exchanger in the third direction, of the plurality of columns of heat exchange tube slots of the plurality of fins is different from or substantially equal to spacing between the plurality of heat exchange tube slots of at least another column of heat exchange tube slots (Fig. 17, positioning of slots 313 is different than 312), positioned on a second side of the heat exchanger opposite to the first side in the third direction, of the plurality of columns of heat exchange tube slots of the plurality of fins (Fig. 17, positioning of slots 313 is different than 312).
With respect to claim 17, Lee discloses the heat exchanger according to claim 5 as discussed above. Lee also discloses wherein a heat transfer efficiency between the one heat exchange tube of at least one row of heat exchange tubes of the plurality of rows of heat exchange tubes provided in the plurality of heat exchange tube slots of at least one column of heat exchange tube slots, positioned on a first side of the heat exchanger in the third direction, of the plurality of columns of heat exchange tube slots of the plurality of fins and at least one fin of the plurality of fins, or a heat transfer efficiency between at least one heat exchange tube of the plurality of heat exchange tubes of the at least one row of heat exchange tubes of the plurality of rows of heat exchange tubes provided in the plurality of heat exchange tube slots of the at least one column of heat exchange tube slots, positioned on the first side of the heat exchanger in the third direction, of the plurality of columns of heat exchange tube slots of the plurality of fins and the at least one fin of the plurality of fins, is less than a heat transfer efficiency between the one heat exchange tube of at least one row of heat exchange tubes of a plurality of rows of heat exchange tubes provided in the plurality of heat exchange tube slots of at least another column of heat exchange tube slots, positioned on a second side of the heat exchanger opposite to the first side in the third direction, of the plurality of columns of heat exchange tube slots of the plurality of fins and at least one fin of the plurality of fins, or a heat transfer efficiency between at least one heat exchange tube of the plurality of heat exchange tubes of the at least one row of heat exchange tubes of the plurality of rows of heat exchange tubes provided in the plurality of heat exchange tube slots of the at least another column of heat exchange tube slots, positioned on the second side of the heat exchanger opposite to the first side in the third direction, of the plurality of columns of heat exchange tube slots of the plurality of fins and the at least one fin of the plurality of fins (Fig. 17, the heat exchanger is capable of the intended use limitations of various efficiencies since the temperature of the fluid flow will drop as it travels over the tubes).
With respect to claim 24, Lee discloses the heat exchanger according to claim 1 as discussed above. Lee also discloses wherein the plurality of heat exchange tube slots of at least one column of heat exchange tube slots (Fig. 17, column for 313), positioned on a first side of the heat exchanger in the third direction (Fig. 17), of the plurality of columns of heat exchange tube slots of at least one fin of the plurality of fins and the plurality of heat exchange tube slots of at least another column of heat exchange tube slots (Fig. 17, column for 312), positioned on a second side of the heat exchanger opposite to the first side in the third direction (Fig. 17), of the plurality of columns of heat exchange tube slots of the at least one fin of the plurality of fins are alternately arranged in the first direction (Fig. 17, 313 and 312 alternate).
With respect to claim 25, Lee discloses the heat exchanger according to claim 1 as discussed above. Lee also discloses wherein at least one heat exchange tube slot of the plurality of heat exchange tube slots of at least one column of heat exchange tube slots, positioned on a first side of the heat exchanger in the third direction, of the plurality of columns of heat exchange tube slots of the plurality of fins and at least one heat exchange tube slot of the plurality of heat exchange tube slots of at least another column of heat exchange tube slots, positioned on a second side of the heat exchanger opposite to the first side in the third direction, of the plurality of columns of heat exchange tube slots of the plurality of fins are displaced from each other in the first direction and, when viewed in the first direction, partially overlap (Fig. 17, slots 313 and 312).
With respect to claim 29, Lee discloses the heat exchanger according to claim 1 as discussed above. Lee also discloses wherein the plurality of columns of heat exchange tube slots of the plurality of fins comprise a first column of heat exchange tube slots and a second column of heat exchange tube slots positioned on a first side and a second side of the heat exchanger opposite to each other in the third direction, respectively (Fig. 17, slots 313 and 312).
With respect to claim 30, Lee discloses the heat exchanger according to claim 29 as discussed above. Lee also discloses wherein the plurality of heat exchange tube slots of the first column of heat exchange tube slots of the plurality of fins has an opening towards the first side of the heat exchanger, and the plurality of heat exchange tube slots of the second column of heat exchange tube slots of the plurality of fins has an opening towards the second side of the heat exchanger (Fig. 17, slots 313 and 312 have the openings to the different sides).
With respect to claim 31, Lee discloses the heat exchanger according to claim 29 as discussed above. Lee also discloses wherein the heat exchange tube slot of the column of heat exchange tube slots of the fin has a first slot edge and a second slot edge, the first slot edge and the second slot edge being respectively positioned on outermost sides of the heat exchange tube slot in the third direction, and the first slot edge of the heat exchange tube slot of the fin being closer to the first side of the heat exchanger in the third direction than the second slot edge of the heat exchange tube slot of the fin (Fig. 17, slot 313 has edges); wherein the fin has at least one of the following features: the second slot edges of at least two heat exchange tube slots of the plurality of heat exchange tube slots of a first column of heat exchange tube slots of the plurality of fins are displaced from each other in the third direction, and/or; the first slot edges of at least two heat exchange tube slots of the plurality of heat exchange tube slots of a second column of heat exchange tube slots of the plurality of fins are displaced from each other in the third direction (Fig. 17); the second slot edges of the plurality of heat exchange tube slots of the first column of heat exchange tube slots of the plurality of fins are substantially aligned with each other in the third direction (Fig. 17, 313); the first slot edges of the plurality of heat exchange tube slots of the second column of heat exchange tube slots of the plurality of fins are substantially aligned with each other in the third direction (Fig. 17, 313).
With respect to claim 32, Lee discloses the heat exchanger according to claim 29 as discussed above. Lee also discloses wherein at least one heat exchange tube slot of the plurality of heat exchange tube slots of the first column of heat exchange tube slots of the plurality of fins and at least one heat exchange tube slot of the plurality of heat exchange tube slots of the second column of heat exchange tube slots of the plurality of fins are displaced from each other in the first direction (Fig. 17, slots 313 and 312).
With respect to claim 37, Lee discloses the heat exchanger according to claim 29 as discussed above. Lee also discloses further comprising: a row of heat exchange tubes provided in each heat exchange tube slot of the plurality of heat exchange tube slots of each column of heat exchange tube slots of the plurality of columns of heat exchange tube slots (Fig. 17, tubes 20), the row of heat exchange tubes comprising one heat exchange tube or a plurality of heat exchange tubes (20), wherein a length of at least one heat exchange tube slot of the plurality of heat exchange tube slots of the first column of heat exchange tube slots of at least one fin of the plurality of fins in the third direction is greater than or substantially equal to a heat exchange tube size of the row of heat exchange tubes inserted in the at least one heat exchange tube slot in the third direction (Fig. 17, 313 is longer than tube 20), 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 (Fig. 17), and in the case that the row of heat exchange tubes comprises the plurality of heat exchange tubes, the heat exchange tube size is a sum of sizes of the plurality of heat exchange tubes in the third direction; and/or a length of at least one heat exchange tube slot of the plurality of heat exchange tube slots of the second column of heat exchange tube slots of the at least one fin of the plurality of fins in the third direction is greater than or substantially equal to the heat exchange tube size of the row of heat exchange tubes inserted in the at least one heat exchange tube slot in the third direction (Fig. 17, slot 313 is longer than tubes 20).
With respect to claim 39, Lee discloses the heat exchanger according to claim 5 as discussed above. Lee also discloses wherein the heat exchange tubes of the rows of heat exchange tubes provided in the heat exchange tube slots of the plurality of columns of heat exchange tube slots of the plurality of fins comprise a plurality of columns of heat exchange tubes arranged in the third direction, 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 (Fig. 17, tubes 20).
With respect to claim 40, Lee discloses the heat exchanger according to claim 39 as discussed above. Lee also discloses wherein the heat exchange tube of the plurality of columns of heat exchange tubes comprises a first end positioned on one side of the heat exchange tube in the second direction and a second end positioned on the other side of the heat exchange tube in the second direction (Fig. 10 shows both ends of tubes 20); and the heat exchanger further comprises: a first header connected and fluidly communicated with the first ends of the heat exchange tubes; and a second header connected and fluidly communicated with the second ends of the heat exchange tubes (Fig. 6, headers 50 at both ends of tubes 20).
With respect to claim 48, Lee discloses an air conditioning system (Fig. 10) comprising: the heat exchanger according to claim 1 (see claim 1 above).
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 6 is rejected under 35 U.S.C. 103 as being unpatentable over Lee (KR 2012/0019807) in view of Young et al. (US Patent No.: 5,501,270 hereinafter “Young”).
With respect to claim 6, Lee discloses the heat exchanger according to claim 1 as discussed above. Lee does not disclose wherein the fin body of the fin is inclined relative to a plane defined by the first direction and the second direction.
Young teaches a fin body that is inclined relative to a plane in a first and second direction (Figs. 4 and 6 fin plates 22 are inclined along a plane). It would have been obvious to one having ordinary skill in the art at the time the invention was filed to have modified the fin body of Lee to be inclined as taught by Young to reduce the pressure drop across the heat exchanger (Col. 2, lines 29-30).
Claims 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Lee (KR 2012/0019807) in view of Kim (US Publication No.: 2012/0103583).
With respect to claim 18, Lee discloses the heat exchanger according to claim 1 as discussed above. Lee also discloses wherein the fin body of the plurality of fins comprises a first fin body portion positioned on a first side of the heat exchanger in the third direction and a second fin body portion positioned on a second side of the heat exchanger opposite to the first side in the third direction (Fig. 17, first side where 313 is located and second side where 312 is located).
Lee does not disclose the fin comprises a first louver provided on the first fin body portion, and a second louver provided on the second fin body portion, wherein the heat exchange efficiency of the first louver is lower than that of the second louver.
Kim teaches first and second louvers on a fin body that has lower heat exchange efficiency on the first louver than the second (Figs. 2-3, louvers 42 and 41 and Para 0061, the first louver has less contact area than the second louver therefore has less heat transfer efficiency). It would have been obvious to one having ordinary skill in the art at the time the invention was filed to have modified the fins of Lee to add louvers as taught by Kim to enhance drainage and heat transfer (Para 0009).
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With respect to claim 19, Lee and Kim teach the heat exchanger according to claim 18 as discussed above. Kim also teaches wherein the number of the first louver is less than that of the second louver; and/or an inclination angle of the first louver relative to the first fin body portion is less than that of the second louver relative to the second fin body portion (See figure above, angle of first louver is less than second).
With respect to claim 20, Lee discloses the heat exchanger according to claim 1 as discussed above. Lee also discloses wherein the fin body of the plurality of fins comprises a first fin body portion positioned on a first side of the heat exchanger in the third direction and a second fin body portion positioned on a second side of the heat exchanger opposite to the first side in the third direction (Fig. 17, first side at 313 and second side at 312).
Lee does not disclose the fin comprises a second louver provided on the second fin body portion, and there is no louver provided on the first fin body portion.
Kim teaches a louver proved on the second fin portion and no louver on the first body portion (Fig. 8, portion on first side has slot 45 and portion on second side has louver 41). It would have been obvious to one having ordinary skill in the art at the time the invention was filed to have modified the fins of Lee to add louvers as taught by Kim to enhance drainage and heat transfer (Para 0009).
Claims 22 and 34 are rejected under 35 U.S.C. 103 as being unpatentable over Lee (KR 2012/0019807) in view of Agata et al. (US Patent No.: 11,988,462 hereinafter “Agata”).
With respect to claim 22, Lee discloses the heat exchanger according to claim 5 as discussed above. Lee does not disclose wherein structure parameters of the one heat exchange tube, or structure parameters of at least one heat exchange tube of the plurality of heat exchange tubes, of at least one row of heat exchange tubes of the plurality of rows of heat exchange tubes provided in the plurality of heat exchange tube slots of at least one column of heat exchange tube slots, positioned on a first side of the heat exchanger in the third direction, of the plurality of columns of heat exchange tube slots of the plurality of fins are different from structure parameters of the one heat exchange tube, or structure parameters of at least one heat exchange tube of the plurality of heat exchange tubes, of at least one row of heat exchange tubes of the plurality of rows of heat exchange tubes provided in the plurality of heat exchange tube slots of at least another column of heat exchange tube slots, positioned on a second side of the heat exchanger opposite to the first side in the third direction, of the plurality of columns of heat exchange tube slots of the plurality of fins, wherein the structural parameters comprise at least one of: a size of the heat exchange tube in the first direction, the number of holes of the heat exchanger tube, an aperture of the hole of the heat exchange tube, and a thickness of a wall between adjacent holes of the heat exchange tube.
Agata teaches parameters of two tubes in different columns have a different structural size (Fig. 19a, and 19c, tubes 1a have a longer width W1 than tubes 1b having width W2). It would have been obvious to one having ordinary skill in the art at the time the invention was filed to have modified the tube sizes of Lee to have different widths to increase heat transfer and drainage performance (Col. 5).
With respect to claim 34, Lee discloses the heat exchanger according to claim 29 as discussed above. Lee also discloses wherein the plurality of heat exchange tube slots of the first column of heat exchange tube slots of the plurality of fins comprises a plurality of first heat exchange tube slots (Fig. 17, 313) and a plurality of second heat exchange tube slots (Fig. 17, 312).
Lee does not disclose a length of the first heat exchange tube slot of the first column of heat exchange tube slots is less than that of the second heat exchange tube slot of the first column of heat exchange tube slots; the plurality of heat exchange tube slots of the second column of heat exchange tube slots of the plurality of fins comprises a plurality of first heat exchange tube slots and a plurality of second heat exchange tube slots, a length of the first heat exchange tube slot of the second column of heat exchange tube slots is less than that of the second heat exchange tube slot of the second column of heat exchange tube slots; and at least one first heat exchange tube slot of the plurality of first heat exchange tube slots of the first column of heat exchange tube slots of the plurality of fins and at least one second heat exchange tube slot of the plurality of second heat exchange tube slots of the second column of heat exchange tube slots of the plurality of fins are substantially aligned with each other in the first direction.
Agata teaches tube slots in a column that have different lengths (Fig. 19c, top slot 1b is longer than bottom slot 1b). It would have been obvious to one having ordinary skill in the art at the time the invention was filed to have modified the tube slots of Lee to have different lengths as taught by Agata to have a potion in which large amount of condensed water is retained (Col. 15, lines 61-65).
Allowable Subject Matter
Claims 41-45 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is an examiner’s statement of reasons for allowance: The prior art does not anticipate nor render obvious the combination set forth in the independent claims, and specifically does not show " and two second headers, one of the two second headers being connected and fluidly communicated with the second ends of the heat exchange tubes of at least one column of heat exchange tubes of the plurality of columns of heat exchange tubes, and the other of the two second headers being connected and fluidly communicated with the second ends of the heat exchange tubes of at least another column of heat exchange tubes of the plurality of columns of heat exchange tubes” in claim 41, “a connection portion, by which the first ends of the heat exchange tubes of one column of heat exchange tubes of the plurality columns of heat exchange tubes and the first ends of the heat exchange tubes of another column of heat exchange tubes of the plurality columns of heat exchange tubes are connected and fluidly communicated with each other; and two second headers, one of the two second headers being connected and fluidly communicated with the second ends of the heat exchange tubes of the one column of heat exchange tubes, and the other of the two second headers being connected and fluidly communicated with the second ends of the heat exchange tubes of the another column of heat exchange tubes” in claim 42 and “two first headers and two second headers, one of the two first headers and one of the two second headers being connected and fluidly communicated with the first ends and the second ends of the heat exchange tubs of at least one column of heat exchange tubes of the plurality of columns of heat exchange tubes, respectively, and the other of the two first headers and the other of the two second headers being connected and fluidly communicated with the first ends and the second ends of the heat exchange tubes of at least another column of heat exchange tubes of the plurality of columns of heat exchange tubes, respectively” in claim 45. The closest prior art of record Lee discloses tubes with one header, but not multiple headers on each end as claimed. Although it is well known to provide headers on ends of tubes, there is no teaching in the prior art of record that would, reasonably and absent impermissible hindsight, motivate one having ordinary skill in the art to modify the teachings of the prior art to incorporate multiple headers as claimed. Thus, for at least the foregoing reasons, the prior art of record neither anticipates nor rendered obvious the present invention as set forth in claims 41-45.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CLAIRE E ROJOHN III whose telephone number is (571)270-5431. The examiner can normally be reached 9:00-5:00 M-F.
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/CLAIRE E ROJOHN III/ Primary Examiner, Art Unit 3763