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 with traverse of Species T2 (Figure 2B) in the reply filed on 7/2/2026 is acknowledged. The traversal is on the ground(s) that there is no search burden. This is not found persuasive because the divergent subject matter of each species would require different and divergent search strategies, thereby establishing a serious search burden.
The requirement is still deemed proper and is therefore made FINAL.
Applicant asserts claim 1-8 read on the elected embodiment. However, claim 7 recites that the external pipe diameter is the same throughout the apparatus, which is drawn to a non-elected species. The elected species T2 as seen in Figure 2B comprises a smaller diameter pipe between the two heat exchange portions, wherein the external pipe diameter is not constant. Thus, claim 7 is not directed to the same elected species T2. Accordingly, claim 7 is withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 7/2/2026.
Status of Claims
The status of the claims as filed in the submission dated 7/2/2026 are as follows:
Claims 1-8 are pending;
Claim 7 is withdrawn from consideration;
Claims 1-6 and 8 are being examined.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked. As explained in MPEP § 2181, subsection I, claim limitations that meet the three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Currently, no claim limitations invoke 112(f).
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 1-4, 6, and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kamio (US5638695).
Re Claim 1. Kamio teaches a temperature control apparatus (100) disposed in a first environment (S2) and a second environment (S1) (Figures 1-2, 8; Column 5 lines 12-27), comprising:
a heat exchanging unit (6, 7) independently divided into a first heat exchanging portion (7) disposed at the first environment (S2) and a second heat exchanging portion (6) disposed at the second environment (S1) (Figures 1-2; Column 3 lines 61-67, Column 4 lines 1-3, Column 4 lines 43-54, Column 5 lines 12-16),
wherein the heat exchanging unit comprises a plurality of heat-dissipating fins (17) and a pipe (18) running in the first heat exchanging portion and then running in the second heat exchanging portion (Figure 2 illustrates a serpentine pattern confined to each portion; Column 4 lines 42-67, Column 5 lines 1-4),
the pipe comprises an inlet (7a) and an outlet (6b) disposed in the first heat exchanging portion and the second heat exchanging portion respectively (Figures 1-2; Column 5 lines 54-Column 6 line 5),
the inlet and the outlet are connected with a circulation loop (Figures 1-2; Column 4 lines 28-31 teaches a circulation loop),
the heat-dissipating fins are continuously disposed in the first heat exchanging portion and the second heat exchanging portion and configured to cool the pipe (Figures 1-2; Column 4 lines 42-67, Column 5 lines 1-4; The fins extend over the entire surface of the tubes and thus are continuously disposed in both portions); and
a working fluid (i.e. refrigerant) flowing in the pipe (Figures 1-2; Column 5 lines 52-67);
wherein the pipe has a larger pipe diameter around the inlet and the outlet, and has a smaller pipe diameter (at 13) away from the inlet and the outlet (Figures 1-2; Column 4 lines 20-27 and Column 5 lines 59-63; The conduit of 6 and 7 has a first diameter and the capillary tube 13 has a smaller diameter in order to function as an expansion device);
the smaller pipe diameter of the pipe has the capillary function (at 13) for regulating the pressure of the working fluid in the first and second heat exchanging portions so as to enhance the heat exchange efficiency of the heat exchanging unit (Figures 1-2; Column 4 lines 20-27 and Column 5 lines 59-63; The conduit of 6 and 7 has a first diameter and the capillary tube 13 has a smaller diameter in order to function as an expansion device).
Re Claim 2. Kamio teaches the first heat exchanging portion (7) is a condensing region (S2), and the second heat exchanging portion (6) is an evaporation region (S1) (Figures 1-2, 8; Column 3 lines 61 to Column 4 line 3, Column 5 lines 12-27).
Re Claim 3. Kamio teaches the first environment and the second environment are different environments (Figures 1-2, 8; Column 3 lines 61 to Column 4 line 3, Column 5 lines 12-27).
Re Claim 4. Kamio teaches the first environment is an outdoor environment (at h1, h3) and the second environment is an indoor environment (at j1, j2, j3) (Figures 1-2, 8; Column 3 lines 61 to Column 4 line 3, Column 5 lines 12-27; Figure 8 illustrates the temperature control apparatus attached to an outdoor environment and an indoor environment; Column 7 line 1 to Column 8 line 16).
Re Claim 6. Kamio teaches a first fan (11) and a second fan (10), wherein the first fan is disposed in the first environment corresponding to the first heat exchanging portion, and the second fan is disposed in the second environment corresponding to the second heat exchanging portion (Figure 1; Column 4 lines 9-17).
Re Claim 8. Kamio teaches the smaller pipe diameter of the pipe is a capillary zone, a cross-sectional area of the pipe outside the capillary zone is greater than a cross-sectional area of the pipe in the capillary zone (Figures 1-2; Column 4 lines 20-27 and Column 5 lines 59-63; The conduit of 6 and 7 has a first diameter and the capillary tube 13 has a smaller diameter in order to function as an expansion device).
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 5 is rejected under 35 U.S.C. 103 as being unpatentable over Kamio (US5638695) in view of Mishiro (US2013/0220584A1, as cited in the IDS).
Re Claim 5. Kamio teaches the pipe is cylindrical (Figures 1-2, Column 4 lines 51-54) and thus fails to teach the pipe is a flat pipe.
However, Mishiro teaches it is known to form an integrated condenser (28) and evaporator (27) heat exchanger (20) with pipes (23) that are configured as a flat pipe (23) (Figure 1; Paragraphs 34-36).
Therefore, in view of Mishiro's teaching, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the pipe of Kamio to be a flat pipe in order to increase the heat exchange surface area to increase the heat transfer capabilities of the apparatus, as is well-understood in the art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached PTO-892 for other relevant prior art.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TRAVIS RUBY whose telephone number is (571)270-5760. The examiner can normally be reached M-F: 9AM-5PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jianying Atkisson can be reached at 571-270-7740. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TRAVIS RUBY/Primary Examiner, Art Unit 3763
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