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
Newly submitted claim 11 is directed to an invention that is independent or distinct from the invention originally claimed for the following reasons: Claim 11 is drawn to the fin comprising insertion slots at both sides of each of the plurality of fins. The originally examined Claims, specifically Claim 5, is drawn to the insertion slots being situated on the same side of the plurality of fins (as shown in figure 1 of the instant disclosure).
Since applicant has received an action on the merits for the originally presented invention, this invention has been constructively elected by original presentation for prosecution on the merits. Accordingly, claim 11 is withdrawn from consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and MPEP § 821.03.
To preserve a right to petition, the reply to this action must distinctly and specifically point out supposed errors in the restriction requirement. Otherwise, the election shall be treated as a final election without traverse. Traversal must be timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are subsequently added, applicant must indicate which of the subsequently added claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
Claim Objections
Claim 1 is objected to because of the following informalities: “a group of the first circulation path and a group of the second circulation path and are isolated” should be rewritten to be -- a group of the first circulation path and a group of the second circulation path are isolated--. Appropriate correction is required.
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.
Claims 1, 5, 8 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Sun (US PG Pub. 2019/0168582A1) in view of Matsuda et al. (Translation of JP2011127831A) and in further view of Jia et al. (US PG Pub. 2005/0279127A1), hereinafter referred to as Sun, Matsuda and Jia, respectively.
Regarding Claim 1, Sun discloses a microchannel heat exchanger group (shown in figure 2B), comprising
a plurality of fins (F), wherein the plurality of fins are arranged in a plurality of rows (shown in figure 2B, being the rows situated between the flat tubes of the microchannel heat exchanger); wherein
the microchannel heat exchanger group further comprises at least a first heat exchanger (formed with the “REF. CIRCUIT 1”, as shown in figure 2B) and a second heat exchanger (formed with the “REF. CIRCUIT 2”, as shown in figure 2B),
the first heat exchanger comprises a plurality of first flat (“a multi-louver flat-tube heat exchanger (alternatively referred to as ‘microchannel heat exchanger’)” ¶22) tubes (shown in in figure 2B, being the flat tubes associated with the “REF. CIRCUIT 1”),
the second heat exchanger comprises a plurality of second flat tubes (shown in in figure 2B, being the flat tubes associated with the “REF. CIRCUIT 2”),
the plurality of first flat tubes and the plurality of second flat tubes are arranged in a plurality of layers (shown in figure 2B) along a stacked direction of the plurality of fins (shown in figure 2B),
the plurality of first flat tubes and the plurality of second flat tubes are arranged in a plurality of rows along a width direction of each of the plurality of fins (shown in figure 2B, wherein the slab portions of the respective microchannel heat exchanger are situated side by side in the width direction of the fins), wherein
the plurality of first flat tubes (shown in in figure 2B, being the flat tubes associated with the “REF. CIRCUIT 1”) and the plurality of second flat tubes (shown in in figure 2B, being the flat tubes associated with the “REF. CIRCUIT 2”) alternate with each other along a stacked direction (shown in figure 2B),
the first heat exchanger (formed with the “REF. CIRCUIT 1”, as shown in figure 2B) comprises a first connector assembly (shown in figures 1 and 2B, being the manifold and associated pipes connecting the manifold to the slab (162) of the “REF. CIRCUIT 1”) and a second connector assembly (shown in figures 1 and 2B, being the manifold and associated pipes connecting the manifold to the slab (164) of the “REF. CIRCUIT 1”),
each of the plurality of first flat tubes (shown in in figure 2B, being the flat tubes associated with the “REF. CIRCUIT 1”), the first connector assembly and the second connector assembly are connected to and in communication with each other (shown in figure 2B), a first circulation path is defined by a refrigerant flowing into one of the plurality of first flat tubes from the first connector assembly, and flowing out from the second connector assembly (shown in figure 2B); and
the second heat exchanger (formed with the “REF. CIRCUIT 2”, as shown in figure 2B) comprises a third connector assembly (shown in figures 1 and 2B, being the manifold and associated pipes connecting the manifold to the slab (162) of the “REF. CIRCUIT 2”), and a fourth connector assembly (shown in figures 1 and 2B, being the manifold and associated pipes connecting the manifold to the slab (164) of the “REF. CIRCUIT 2”),
each of the plurality of second flat tubes (shown in in figure 2B, being the flat tubes associated with the “REF. CIRCUIT 2”), the third connector assembly and the fourth connector assembly are connected to and in communication with each other (shown in figure 2B),
a second circulation path is defined by the refrigerant flowing into one of the plurality of second flat tubes from the third connector assembly, and flowing out from the fourth connector assembly (shown in figure 2B); wherein
a group of the first circulation path and a group of the second circulation path and are isolated from one another (shown in figure 2B), the group of the first circulation path and the group of the second circulation path alternate with each other along the stacked direction of the plurality of fins (shown in figure 2B), the number of the first circulation path in the group of the first circulation path is defined as M (4 flow paths as shown in figure 2B),
the number of the second circulation path in the group of the second circulation path is defined as N (4 flow paths as shown in figure 2B), and both the number M of the first circulation path in the group of the first circulation path and the number N of the second circulation path in the group of the second circulation path are natural numbers equal to or greater than 1 (4 flow paths as shown in figure 2B).
Although in the embodiment of figure 2B Sun discloses the plurality of first flat tubes and the plurality of second flat tubes being arranged in a plurality of layers along a stacked direction of the plurality of fins and the group of the first circulation path and the group of the second circulation path alternate with each other along the stacked direction of the plurality of fins, Sun fails to disclose the plurality of first flat tubes and the plurality of second flat tubes are arranged in a plurality of layers along a length direction of each of the plurality of fins and the group of the first circulation path and the group of the second circulation path alternate with each other along the length direction of the plurality of fins. However, in the embodiment of figure 2D, Sun teaches the plurality of first tubes (shown in in figure 2D, being the tubes associated with the “REF. CIRCUIT 1”) and the plurality of second tubes (shown in in figure 2D, being the tubes associated with the “REF. CIRCUIT 2”) are arranged in a plurality of layers along a length direction of each of the plurality of fins (shown in figure 2D, wherein the length direction of the fins is the vertical direction and the fins span all of the tubes in the vertical direction) and the group of the first circulation path and the group of the second circulation path alternate with each other along the length direction of the plurality of fins (shown in figure 2D).
The rationale to support a conclusion that the claim would have been obvious is that the substitution of one known element for another yields predictable results to one of ordinary skill in the art. If any of these findings cannot be made, then this rationale cannot be used to support a conclusion that the claim would have been obvious to one of ordinary skill in the art.
Per MPEP 2143-I, a simple substitution of one known element for another, with a reasonable expectation of success supports a conclusion of obviousness. In the instant case, the simple substitution is related to substituting corrugated fins situated between two layers of heat exchange tubes with plate fins spanning all of the layers of heat exchange tubes; further the prior art to Sun teaches the addition of fins provides an increased surface area that yields amplified thermal dissipation. Therefore, since modifying Sun in the embodiment of figure 2B with the plate fins of figure 2D, can easily be made without any change in the operation of the heat exchanger device; and in view of the teachings of the prior art to Sun there will be reasonable expectations of success, it would have been obvious to have modified the embodiment of Sun in figure 2B by having plate fins spanning all of the layers of heat exchange tubes in order to thermally connect all of the flat heat exchange tubes for a more uniform thermal dissipation.
Sun fails to disclose the plurality of fins are arranged in a plurality of rows and each of the plurality of fins are provided with insertion slots, the insertion slots comprise a first insertion slot and a second insertion slot, the plurality of first flat tubes are inserted into the first insertion slot, the plurality of second flat tubes are inserted into the second insertion slot, and the plurality of first flat tubes are separated from the plurality of second flat tubes.
Matsuda, also drawn to a flat tube heat exchanger having fins and separate stages, teaches the plurality of fins (2) are arranged in a plurality of rows (shown in figure 5) and each of the plurality of fins are provided with insertion slots (shown in figure 5, allowing for the insertion of the flat tubes (1)).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide Sun with the plurality of fins being arranged in a plurality of rows and each of the plurality of fins are provided with insertion slots, as taught by Matsuda, the motivation being to securely fasten the tubes with the plate fins for fixing the tubes in a desired position or to provide a direct thermal path through conduction from the tube to the plate fin.
A modified Sun further teaches the insertion slots (previously taught by Matsuda in figure 5 for providing a connection between a plate fin and a flat tube) comprise a first insertion slot (being the insertions slots of Matsuda that correspond to the first flat tubes of Sun) and a second insertion slot (being the insertions slots of Matsuda that correspond to the second flat tubes of Sun), the plurality of first flat tubes are inserted into the first insertion slot, the plurality of second flat tubes are inserted into the second insertion slot, and the plurality of first flat tubes are separated from the plurality of second flat tubes (shown in figure 2B of Sun, wherein a modified Sun having the insertion slots of Matsuda teaches the first and second flat tubes being inserted into a respective insertion slot of the plate fin, wherein the first and second flat tubes of Sun are separated).
Regarding Claim 1, although Sun discloses the number M of the first circulation path in the group of the first circulation path is equal to the number N of the second circulation path in the group of the second circulation path, Sun fails to disclose the number M of the first circulation path in the group of the first circulation path is not equal to the number N of the second circulation path in the group of the second circulation path. Jia, also drawn to a heat exchanger having multiple circuits having separate circulation paths, teaches a number M of a first circulation path (flow paths (40) associated with the intercooler part (26)) in the group of the first circulation path is not equal to a number N of a second circulation path (flow paths (27) associated with the gas cooler part (21)) in the group of the second circulation path, wherein the different number of rows directly correlates with a desired pressure drop of the respective working fluid (“It is desirable that the pressure drop in both parts be at similar levels. To achieve this desire, one embodiment of the invention contemplates the use of fewer of the rows of the flow paths 40 in the intercooler part 26 than the number of rows of the passages 27 and the gas cooler part 21” ¶67). Therefore, the number of circulation paths is recognized as a result-effective variable, i.e. a variable which achieves a recognized result. In this case, the recognized result is that a larger number of circulation paths increases the pressure drop with said circulation path, increases heat transfer area, increases material and overall weight of the heat exchanger and vice versa, other parameters remaining constant. Therefore, since the general conditions of the claim, i.e. that the number M of the first circulation path in the group of the first circulation path corresponds to the number N of the second circulation path in the group of the second circulation path, was disclosed in the prior art by Sun, and Jia teaches it is old and well known to have the same or different numbers of circulation paths, 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 number M of the first circulation path in the group of the first circulation path is not equal to the number N of the second circulation path in the group of the second circulation path. See MPEP 2144.05 II.
Regarding Claim 5, a modified Sun further teaches the insertion slots (previously taught by Matsuda in the rejection of Claim 1) are disposed at a same side of the plurality of fins (shown in figure 5 of Matsuda), the insertion slots situated on adjacent rows of the plurality of fins alternate with each other along a length direction of the plurality of fins (shown in figure 2B of Sun, wherein the first and second flat tubes and therefore the insertion slots of Matsuda alternate with each other).
Regarding Claim 8, a modified Sun further teaches both the plurality of first flat tubes (shown in in figure 2B, being the flat tubes associated with the “REF. CIRCUIT 1”) and the plurality of second flat tubes (shown in in figure 2B, being the flat tubes associated with the “REF. CIRCUIT 2”) are arranged in a plurality of rows (shown in figure 2B),
the first heat exchanger comprises a plurality of first bending tubes (160, associated with the “REF. CIRCUIT 1”), the second heat exchanger comprises a plurality of second bending tubes (160, associated with the “REF. CIRCUIT 2”),
the first flat tubes arranged in adjacent rows of the plurality of first flat tubes are connected to and in communication with each other via corresponding one of the plurality of first bending tubes (shown in figure 2B), and the plurality of first bending tubes and the plurality of first flat tubes are formed and fluidly connected (shown in figure 2B, wherein the turning elbow (160) and the slabs (162,164) are separate components and fluidly connected); and
the second flat tubes arranged in adjacent rows of the plurality of second flat tubes are connected to and in communication with each other via corresponding one of the plurality of second bending tubes (shown in figure 2B), and the plurality of second bending tubes and the plurality of second flat tubes are formed and fluidly connected (shown in figure 2B, wherein the turning elbow (160) and the slabs (162,164) are separate components and fluidly connected).
Sun fails to disclose the plurality of first bending tubes and the plurality of first flat tubes are not integrally formed and the plurality of second bending tubes and the plurality of second flat tubes are not integrally formed.
Matsuda, also drawn to a flat tube heat exchanger having fins and separate stages, teaches a plurality of bending tubes (8, shown in figure 9) and a plurality of flat tubes (1) are not integrally formed (shown in figure 9, “Two connecting portions are connected via a plurality of, for example, two circular heat transfer tubes 8 bent into a U shape (hereinafter referred to as circular tubes). That is, the connecting portion 18 has a plurality of U-shaped bent tubes 8 arranged in the gas flow direction (D direction), and the two-stage flat heat transfer tubes 1 are connected via the circular tubes 8”).
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 connection between the plurality of first bending tubes and the plurality of first flat tubes and the connection between the plurality of second bending tubes and the plurality of second flat tubes of Sun are not integrally formed, as taught by Matsuda, the motivation being to simplify assembly of the heat exchanger, reduce costs associated with fabricating the heat exchanger or to allow for a flexible heat exchanger assembly that permits the addition or removal of a flat tube to conform with a desired location or heat transfer amount.
Sun discloses the claimed invention except for the plurality of first bending tubes and the plurality of first flat tubes being not integrally formed and the plurality of second bending tubes and the plurality of second flat tubes being not integrally formed. It would have been obvious to one having ordinary skill in the art at the time the invention was made to have the connection between bending tubes and a plurality of flat tubes not being integral, since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. See MPEP 2144.04 V (C).
Regarding Claim 10, Sun discloses an air conditioning system (shown in figure 1), comprising the microchannel heat exchanger group of claim 1 (see rejection of Claim 1 above).
Claims 6-7 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Sun (US PG Pub. 2019/0168582A1) in view of Matsuda et al. (Translation of JP2011127831A) as applied in Claims 1, 5, 8 and 10 above and in further view of Wang (Translation of CN111520934A), hereinafter referred to as Wang.
Regarding Claim 6, Sun fails to disclose the first connector assembly comprises a first distributor and a plurality of first capillary tubes being connected to and in communication with the first distributor, both ends of each of the plurality of first capillary tubes are connected to and in communication with the first distributor and corresponding one of the plurality of first flat tubes, respectively; and the third connector assembly comprises a second distributor and a plurality of second capillary tubes being connected to and in communication with the second distributor, both ends of each of the plurality of second capillary tubes are connected to and in communication with the second distributor and corresponding one of the plurality of second flat tubes, respectively.
Wang, also drawn to a microchannel heat exchanger with separate parts, teaches a first connector assembly comprises a first distributor (being the left most distributor (22) as shown in figure 1) and a plurality of first capillary tubes (21) being connected to and in communication with the first distributor (shown in figure 1), both ends of each of the plurality of first capillary tubes are connected to and in communication with the first distributor and corresponding one of the plurality of first flat tubes, respectively (shown in figure 1, wherein the tubes are connected to the first connection section (11) of the respective flat tube (10)); and
a third connector assembly comprises a second distributor (being the right most distributor (22) as shown in figure 1) and a plurality of second capillary tubes (21) being connected to and in communication with the second distributor (shown in figure 1), both ends of each of the plurality of second capillary tubes are connected to and in communication with the second distributor and corresponding one of the plurality of second flat tubes, respectively (shown in figure 1, wherein the tubes are connected to the first connection section (11) of the respective flat tube (10)).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide Sun with the aforementioned limitations, as taught by Wang, the motivation being that the distributor “can improve the uniformity of the liquid, so as to better make the fluid uniformly distributed after flowing into each of the hose 21. At the same time, the shower head 22 in this embodiment can be used for separating the gas liquid, and the refrigerant liquid state is uniformly introduced into the corresponding heat exchange tube 10, so as to stabilize the heat exchange performance of the heat exchanger”.
Regarding Claim 7, Sun further discloses the second connector assembly (shown in figures 1 and 2B, being the manifold and associated pipes connecting the manifold to the slab (164) of the “REF. CIRCUIT 1”) comprises a first collecting tube (the manifold shown in figure 2B) and a plurality of first connecting tubes being connected to and in communication with the first collecting tube (shown in figure 2B), both ends of each of the plurality of the first connecting tubes are connected to and in communication with the first collecting tube and corresponding one of the plurality of first flat tubes (shown in figure 2B); and
the fourth connector assembly (shown in figures 1 and 2B, being the manifold and associated pipes connecting the manifold to the slab (164) of the “REF. CIRCUIT 1”) comprises a second collecting tube (the manifold shown in figure 2B) and a plurality of second connecting tubes being connected to and in communication with the second collecting tube (shown in figure 2B), both ends of each of the plurality of the second connecting tubes are connected to and in communication with the second collecting tube and corresponding one of the plurality of second flat tubes (shown in figure 2B).
Regarding Claim 9, a modified Sun further teaches an adapter (11, shown in figure 2 of Wang), the adapter is disposed between the plurality of first capillary tubes (21) and the plurality of first flat tubes (12) and between the plurality of second capillary tubes (21) and the plurality of second flat tubes (12), and
a tube orifice of the adapter opposite to the plurality of first flat tubes matches with a tube orifice of corresponding one of the plurality of first flat tube and another tube orifice of the adapter opposite to the plurality of second flat tubes matches with a tube orifice of corresponding one of the plurality of second flat tube (shown in figures 1-2 of Wang, wherein the first connecting sections (11) of the heat exchange pipes (10) contains an orifice that matches with the orifice of the respective tube (21) and with a respective flat tube portion (12)).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAUL ALVARE whose telephone number is (571)272-8611. The examiner can normally be reached Monday-Friday 0930-1800.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Len Tran can be reached at (571) 272-1184. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PAUL ALVARE/Primary Examiner, Art Unit 3763
