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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 27 June, 2025 and 17 October, 2025 is being considered by the examiner.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “300” has been used to designate both “Evaporator” 300 and “pressurized air nozzle” 300 in Figure 1. The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “634” has been used to designate both “inclined surface” 634 and “second top portion” 643 in Figure 11. 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.
Claim 10 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 claim 10, In figure 10, 633 is indicated in the specification as the first top portion, but the specification does not disclose first lateral ends or the second lateral ends of the first top portion. Also, the first lateral ends of the first top portion being spaced apart from each other in the first direction is unclear, as first top portion is an edge, and an edge cannot have lateral ends spaced apart in the mentioned first direction.
Claim(s) 11- 14 are rejected because they depend on claim 10.
In the interest of compact prosecution, examiner will examine the claims but advices the applicant to clarify these limitations.
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.
Claim(s) 1-15,20 is/are rejected under 35 U.S.C. § 103 as being unpatentable in view of AKIRA et al. (EP-4130634-A1-published 8 Februrary,2023), and SHO (JP-2002031434-A-published 31 January,2002).
As to claim 1, AKIRA discloses a heat exchanger (100) comprising:
a plurality of refrigerant tubes (11) configured to carry refrigerant;
and a fin (12) arranged between adjacent refrigerant tubes among the plurality of refrigerant tubes, the fin being configured to conduct heat and extending in a first direction (See Annotated Figure AKIRA), wherein the fin comprises:
a flat portion that defines a surface parallel to the first direction,
a first protruded portion that defines a first step protruding from the flat portion, and
a second protruded portion that defines a second step protruding from the flat portion, (See Annotated Figure AKIRA).
[AltContent: textbox (Second protruded portion )][AltContent: arrow][AltContent: textbox (First protruded portion )][AltContent: arrow][AltContent: textbox (Flat portion a surface parallel to the first direction )][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Fin arranged between adjacent refrigerant tubes)][AltContent: textbox (Plurality of refrigerant tubes )][AltContent: arrow]
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Annotated Figure (AKIRA)
AKIRA, however does not teach that the first protruded portion and the second protruded portion are arranged symmetrically with respect to a center of the fin.
SHO, however teaches the first protruded portion and the second protruded portion are arranged symmetrically with respect to a center of the fin (See Annotated Figure SHO).
[AltContent: textbox (First protruded portion and second protruded portion arranged symmetrically with respect to the center of the fin )]
[AltContent: arrow][AltContent: textbox (First protruded portion and second protruded portion connected end to end )][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Flat portion surrounds the first and second protruded portion )] [AltContent: arrow][AltContent: textbox (Center of the fin under BRI)][AltContent: arrow][AltContent: arrow]
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Annotated Figure (SHO)
SHO teaches that this configuration of fin design makes it difficult for the fins to be clogged due to frost formation, and improves the heating capacity (Paragraph 5). Therefore, it would have been obvious to one having ordinary skill before the effective filing date of the claimed invention to have modified AKIRA with the teaching of SHO by incorporating a fin design with the first protruded portion and the second protruded portion are arranged symmetrically with respect to a center of the fin so as to improve the heating capacity of the heat exchanger.
As to claim 2, AKIRA as modified by SHO teaches the limitations of claim 1, SHO further teaches the heat exchanger, wherein the flat portion surrounds the first protruded portion and the second protruded portion (See Annotated Figure SHO).
As to claim 3, AKIRA as modified by SHO teaches the limitations of claim 1, AKIRA further teaches the heat exchanger, wherein the first protruded portion and the second protruded portion protrude in a same direction from the flat portion (See Annotated Figure AKIRA, both first and second portions protrude in the Y direction).
As to claim 4, AKIRA as modified by SHO teaches the limitations of claim 1, SHOE further teaches the heat exchanger, wherein an end of the first protruded portion is connected to an end of the second protruded portion (See Annotated Figure SHO).
As to claim 5, AKIRA teaches as modified by SHO the limitations of claim 1, AKIRA further teaches the heat exchanger, wherein the first protruded portion comprises a plurality of inclined surfaces that are inclined with respect to the flat portion (See Annotated Figures AKIRA and AKIRA 2).
[AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Plurality of inclined surfaces that are inclined with respect to the flat portion)]
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Annotated Figure (AKIRA 2)
As to claim 6, AKIRA as modified by SHO teaches the limitations of claim 1, AKIRA further teaches the heat exchanger, wherein the second protruded portion comprises a plurality of inclined surfaces having an incline with respect to the flat portion (See Annotated Figures AKIRA and AKIRA 2).
As to claim 7, AKIRA as modified by SHO teaches the limitations of claim 1, AKIRA further teaches the heat exchanger, wherein the first protruded portion comprises:
a first inclined surface defining a first inclination with respect to the flat portion;
a second inclined surface defining a second inclination with respect to the flat portion, the second inclined surface having an end connected to the first inclined surface;
a third inclined surface defining a third inclination with respect to the flat portion, the third inclined surface being connected to the first inclined surface and the second inclined surface; and
a fourth inclined surface defining a fourth inclination with respect to the flat portion, the fourth inclined surface being connected to the first inclined surface and the second inclined surface (See Annotated Figure AKIRA 3).
[AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Highest position of the first protruded portion with respect to the flat portion )][AltContent: arrow][AltContent: arrow][AltContent: textbox (1st Inclined surface)][AltContent: textbox (2nd Inclined surface)][AltContent: textbox (1st Inclined surface and 2nd inclined surface having end connection at the peak)][AltContent: textbox (3rd Inclined surface connected to 1st and 2nd inclined surface)][AltContent: textbox (4th Inclined surface connected to 1st and 2nd inclined surface)]
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[AltContent: textbox (1st Inclined surface inclination angle is greater than the 2nd inclined surface inclination angle)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (2nd Inclined surface is longer than the first inclined surface in first direction)]
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(See Annotated Figure AKIRA 3)
As to claim 8, AKIRA as modified by SHO teaches the limitations of claim 7, AKIRA further teaches the heat exchanger, wherein a length of the second inclined surface in the first direction is greater than a length of the first inclined surface in the first direction (Paragraphs 35-36,46 mentions the area of 122-a1 is smaller than that of 122a-2, both being part of rectangular base of a quadrilateral pyramid shape with two sides equal in length, See Annotated Figure AKIRA 3).
As to claim 9, AKIRA as modified by SHO teaches the limitations of claim 7, SHO further teaches the heat exchanger, wherein the first protruded portion further comprises a first top portion defining a highest position of the first protruded portion with respect to the flat portion, and wherein the first top portion connects the first inclined surface and the second inclined surface to each other, the first top portion extending in a second direction intersecting the first direction (See Annotated Figure SHO 2).
[AltContent: arrow][AltContent: arrow][AltContent: textbox (First top portion is connected to the third inclined surface and the fourth inclined surface)][AltContent: textbox (First top portion connecting the 1st inclined surface and the 2nd inclined surface)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (2nd inclined surface)][AltContent: arrow][AltContent: textbox (1st inclined surface)][AltContent: textbox (4th inclined surface)][AltContent: textbox (3rd inclined surface)]
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Annotated Figure (SHO 2)
As to claim 10, AKIRA as modified by SHO teaches the limitations of claim 9, SHO further teaches the heat exchanger, wherein the first top portion is connected to the third inclined surface and the fourth inclined surface, wherein first lateral ends of the first top portion are spaced apart from each other in the first direction and connected to the first inclined surface and the second inclined surface, respectively, and wherein second lateral ends of the first top portion are spaced apart from each other in the second direction and connected to the third inclined surface and the fourth inclined surface, respectively (See Annotated Figure SHO 2).
As to claim 11, AKIRA as modified by SHO teaches the limitations of claim 10, AKIRA as modified by SHO however, does not teach the heat exchanger, wherein a length between the second lateral ends of the first top portion in the second direction is greater than a length between the first lateral ends of the first top portion in the first direction.
While, AKIRA as modified by SHO, as stated above does not teach that the length between the second lateral ends of the first top portion in the second direction is greater than a length between the first lateral ends of the first top portion in the first direction, one having ordinary skill in the art would have found changing the proportion entirely obvious absent persuasive evidence that such changes is critical for the invention to function otherwise. See MPEP 2144.04 (III) (A) In Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984), the Federal Circuit held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device.
Therefore, it would have been obvious to one having ordinary skill before the effective filing date of the claimed invention to have modified AKIRA as modified by SHO, by changing the length between the second lateral ends of the first top portion in the second direction to be greater than the length between the first lateral ends of the first top portion in the first direction, since changing proportion with a reasonable expectation of success is within the abilities of one having ordinary skill.
As to claim 12, AKIRA as modified by SHO teaches the limitations of claim 10, SHO further teaches the heat exchanger, wherein the second inclined surface is located closer to the second protruded portion than the first inclined surface (See Annotated figure SHO 2).
As to claim 13, AKIRA as modified by SHO teaches the limitations of claim 10, SHO further teaches the heat exchanger, wherein a height of the first protruded portion or the second protruded portion from the flat portion is greater than a thickness of the flat portion (See Annotated Figure SHO 3).
[AltContent: textbox (Flat portion and the protruded portions have the same thickness)]
[AltContent: textbox (Flat portion )][AltContent: arrow][AltContent: arrow][AltContent: arrow]
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Annotated Figure (SHO 3)
As to claim 14, AKIRA as modified by SHO teaches the limitations of claim 11, SHO further teaches the heat exchanger, wherein the length of the first top portion in the second direction is greater than a height of the first protruded portion or the second protruded portion from the flat portion (See Annotated Figure SHO 2 and 3).
As to claim 15, AKIRA as modified by SHO teaches the limitations of claim 7, AKIRA further teaches the heat exchanger, wherein an inclination angle of the first inclined surface with respect to the flat portion is greater than an inclination angle of the second inclined surface with respect to the flat portion (See Annotated Figure AKIRA 3).
Claim(s) 16-18, is/are rejected under 35 U.S.C. § 103 as being unpatentable in view of AKIRA et al. (EP-4130634-A1-published 8 Februrary,2023), and KAGA et al. (US-20070163764-A-published 19 July,2007).
As to claim 16, AKIRA discloses a heat exchanger (100) comprising: a plurality of refrigerant tubes (11) configured to carry refrigerant; and a fin (12) arranged between adjacent refrigerant tubes among the plurality of refrigerant tubes, the fin being configured to conduct heat and extending in a first direction, wherein the fin comprises:
a flat portion that defines a surface parallel to the first direction,
a first protruded portion that protrudes from the flat portion in a second direction intersecting the first direction, a second protruded portion that protrudes from the flat portion in the second direction, and
a third protruded portion that is disposed between the first protruded portion and the second protruded portion, and wherein the first protruded portion and the second protruded portion are arranged symmetrically with respect to the third protruded portion (See Annotated Figure AKIRA 4).
.
[AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Flat portion surrounds 1st, 2nd, and 3rd protruded portions)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Second protruded portion )][AltContent: textbox (First protruded portion )][AltContent: textbox (Third protruded portion )]
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Annotated Figure (AKIRA 4)
However, AKIRA does not disclose that the third protruded portion protrudes from the flat portion in a third direction opposite to the second direction.
KAGA, however teaches a fin structure that has the third protruded portion protruding from the flat portion in a third direction opposite to the second direction (See Annotated Figure KAGA).
[AltContent: textbox (3rd Protruded portion has 2nd end connected to 2nd protruded portion)]
[AltContent: textbox (First protruded portion )][AltContent: textbox (Third protruded portion opposite to the second direction )][AltContent: textbox (Flat portion)][AltContent: textbox (Second protruded portion )][AltContent: arrow][AltContent: textbox (3rd Protruded portion has 1st end connected to 1st protruded portion)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow]
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Annotated Figure (KAGA)
KAGA teaches that this configuration provides enhanced effect of the raised portion on the segmentation or renewal of the temperature boundary layer to improve the heat exchange efficient (Heat transfer coefficient) of the heat exchanger (Paragraph 60).
Therefore, it would have been obvious to one having ordinary skill before the effective filing date of the claimed invention to have modified AKIRA, with teachings of KAGA and incorporate the third protruded portion protruding from the flat portion in a third direction opposite to the second direction so as to improve the heat exchanger’s efficiency.
As to claim 17, AKIRA as modified by KAGA teaches the limitations of claim 16, AKIRA further teaches the heat exchanger, wherein the flat portion surrounds the first protruded portion, the second protruded portion, and the third protruded portion (See Annotated Figure AKIRA 4).
As to claim 18, AKIRA as modified by KAGA teaches the limitations of claim 16, KAGA further teaches the heat exchanger, wherein the third protruded portion has (i) a first end connected to the first protruded portion and (ii) a second end connected to the second protruded portion (See Annotated Figure KAGA).
Claim(s) 19 is/are rejected under 35 U.S.C. § 103 as being unpatentable in view of AKIRA et al. (EP-4130634-A1-published 8 Februrary,2023), KAGA et al. (US-20070163764-A-published 19 July,2007), and TOSHI et al. (US-4791984-A-patented 20 December, 1988).
As to claim 19, AKIRA as modified by KAGA teaches the limitations of claim 16, AKIRA further the heat exchanger, wherein the first protruded portion comprises a plurality of inclined surfaces that are inclined with respect to the flat portion, wherein the second protruded portion comprises a plurality of inclined surfaces that are inclined with respect to the flat portion (See Annotated Figure AKIRA),
AKIRA as modified by KAGA, however does not disclose that at least a portion of the third protruded portion is defined by (i) a part of the plurality of inclined surfaces of the first protruded portion and (ii) a part of the plurality of inclined surfaces of the second protruded portion.
[AltContent: textbox (Portion of 3rd protruded portion is defined by a part of 2nd protruded portion)] However, TOSHIO teaches that at least a portion of the third protruded portion is defined by (i) a part of the plurality of inclined surfaces of the first protruded portion and (ii) a part of the plurality of inclined surfaces of the second protruded portion
[AltContent: textbox (Portion of 3rd protruded portion is defined by a part of 1st protruded portion)][AltContent: arrow][AltContent: arrow]
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Annotated Figure (TOSHIO)
TOSHIO teaches that the configuration of the longitudinal section in zig-zag shape increases the sectional area and thereby increases the projection area of this portion which enables remarkable increase in the standard of heat transfer performance without any increase in the air-passing resistance of the overall fin (Paragraphs 13-14). Therefore, it would have been obvious to one having ordinary skill before the effective filing date of the claimed invention to have modified AKIRA as modified by KAGA, with teachings of TOSHIO and incorporate a portion of the third protruded portion is defined by (i) a part of the plurality of inclined surfaces of the first protruded portion and (ii) a part of the plurality of inclined surfaces of the second protruded portion so as to increase the projection area and improve the heat exchanger’s efficiency.
Claim(s) 20, is/are rejected under 35 U.S.C. § 103 as being unpatentable in view of AKIRA et al. (EP-4130634-A1-published 8 Februrary,2023), SHO (JP-2002031434-A-published 31 January,2002, and KAGA et al. (US-20070163764-A-published 19 July,2007).
As to claim 20, AKIRA as modified by SHO, discloses a heat exchanger (100) comprising: a plurality of refrigerant tubes (11) configured to carry refrigerant; and a fin (12) which arranged between adjacent refrigerant tubes among the plurality of refrigerant tubes, the fin being configured to conduct heat and extending in a first direction, wherein the fin comprises:
a flat portion that defines a surface parallel to the first direction,
a first top line that protrudes from the flat portion in a second direction intersecting the first direction,
a second top line that protrudes from the flat portion in the second direction,
a third top line that is disposed between the first top line and the second top line,
a first inclined surface that connect the first top line and the third top line to each other, and
a second inclined surface that connects the second top line and the third top line to each other (See Annotated Figure SHO 4).
[AltContent: textbox (inclined surfaces that connect 1st top line and 2nd top line to the 3rd top line )][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Third top line )][AltContent: arrow][AltContent: textbox (First top line)][AltContent: textbox (Second top line)]
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Annotated Figure (SHO 4)
AKIRA as modified by SHO, however does not disclose that the third top line protrudes from the flat portion a third direction opposite to the second direction.
KAGA, however teaches the third protrusion portion protruding in the third direction opposite to the second direction, KAGA teaches that this configuration provides enhanced effect of the raised portion on the segmentation or renewal of the temperature boundary layer to improve the heat exchange efficient (Heat transfer coefficient) of the heat exchanger (Paragraph 60).
Therefore, it would have been obvious to one having ordinary skill before the effective filing date of the claimed invention to have modified AKIRA as modified by SHO, with teachings of KAGA and incorporate the third top line protruding from the flat portion in a third direction opposite to the second direction so as to improve the heat exchanger’s efficiency.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BIGYAN BHATTACHAN whose telephone number is (571)272-8767. The examiner can normally be reached Monday - Friday 7:30 AM - 5 PM.
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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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/BIGYAN BHATTACHAN/
Examiner, Art Unit 3763
/LEN TRAN/Supervisory Patent Examiner, Art Unit 3763
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