Prosecution Insights
Last updated: July 17, 2026
Application No. 18/982,349

TUBULAR ELEMENT FOR A HEAT EXCHANGER

Non-Final OA §103
Filed
Dec 16, 2024
Examiner
MCKINNON, TERRELL L
Art Unit
3632
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Valeo S.A.
OA Round
1 (Non-Final)
30%
Grant Probability
At Risk
1-2
OA Rounds
1y 0m
Est. Remaining
51%
With Interview

Examiner Intelligence

Grants only 30% of cases
30%
Career Allowance Rate
23 granted / 78 resolved
-22.5% vs TC avg
Strong +21% interview lift
Without
With
+21.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
7 currently pending
Career history
85
Total Applications
across all art units

Statute-Specific Performance

§103
85.5%
+45.5% vs TC avg
§102
9.9%
-30.1% vs TC avg
§112
2.3%
-37.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 78 resolved cases

Office Action

§103
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 . Claim Rejections - 35 USC § 103 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. Claims 1, 7, 10-18 are rejected under 35 U.S.C. 103 as being unpatentable over Berthome et al. (FR 2860287) in view of Sasaki (JP 05066073). Reg. Cl. 1, Berthome et al. discloses; A tubular element for a heat exchanger, (Figs. 3, 5, 7, 8, and 11) comprising a primary tank with an inlet chamber and an outlet chamber for a heat exchange fluid, a secondary tank, a tube extending between the primary tank and the secondary tank, with a set of inlet channels and a set of outlet channels, configured so as to provide U-flow for the fluid within the tubular element, wherein the primary tank includes a dividing wall between the inlet chamber and the outlet chamber, wherein the tube includes a first separation wall and a second separation wall with a separation space between the first separation wall and the second separation wall, the first separation wall and the second separation wall being configured to block fluid flow between the set of inlet channels and the set of outlet channels within the tube, wherein the dividing wall is in contact with the first separation wall and the second separation wall, wherein the set of inlet channels includes a first inlet channel limited by the first separation wall and an inlet channel wall, and wherein the set of outlet channels includes a first outlet channel limited by the second separation wall and an outlet channel wall. Berthome et al fails to disclose; however, Sasaki teaches wherein a distance between the first separation wall and the second separation wall is smaller than a distance between the first separation wall and the inlet channel wall and is smaller than a distance between the second separation wall and the outlet channel wall (Fig. 4(a,b)). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the heat exchanger of Berthome with the above mentioned teachings of Sasaki wherein a distance between the first separation wall and the second separation wall is smaller than a distance between the first separation wall and the inlet channel wall and is smaller than a distance between the second separation wall and the outlet channel wall. Doing so would provide for alternate tube designs to efficiently transfer heat from heat generating devices. Reg. Cl. 7, Berthome et al. discloses; wherein the tube includes a top wall and a bottom wall opposite the top wall, with the set of inlet channels and the set of outlet channels being arranged between the top wall and the bottom wall, wherein a distance between center portions of the first separation wall and the second separation wall is larger than respective distances at the top wall and the bottom wall (Fig. 11). Reg. Cl. 10, Berthome et al. discloses; wherein the dividing wall, the first separation wall and the second separation wall are brazed to each other. Reg. Cl. 11, Berthome et al. discloses; wherein the first inlet channel includes an inlet flat section at the inlet channel wall, while the first outlet channel includes an outlet flat section at the outlet channel wall (Figs. 3, 5, 7, 8, and 11). Reg. Cl. 12, Berthome et al. discloses; wherein the tube includes a top wall and a bottom wall opposite the top wall, with the set of inlet channels and the set of outlet channels being arranged between the top wall and the bottom wall, wherein the first separation wall and the second separation wall extend between the top wall and the bottom wall (Figs. 3, 5, 7, 8, and 11). Reg. Cl. 13, Berthome et al. discloses; wherein the tube includes a top wall and a bottom wall opposite the top wall, with the set of inlet channels and the set of outlet channels being arranged between the top wall and the bottom wall, wherein the inlet channel wall and the outlet channel wall extend between the top wall and the bottom wall (Figs. 3, 5, 7, 8, and 11). Reg. Cl. 14, Berthome et al. discloses; wherein the set of inlet channels includes a plurality of second inlet channels of a rectangular shape in cross-section, arranged in series next to each other, while the set of outlet channels includes a plurality of second outlet channels of a rectangular shape in cross-section, arranged in series next to each other (Figs. 3, 5, 7, 8, and 11). Reg. Cl. 15, Berthome et al. discloses; wherein the tube extends along a meandering path between the primary tank and the secondary tank (Figs. 5, 7, and 9). Reg. Cl. 16, Berthmore et al. discloses; wherein the primary tank is formed from two shaped portions connected to each other (Figs. 3, 5, 7, 8, and 11). Reg. Cl. 17, Berthmore et al. discloses; wherein the two shaped portions are connected to each other by crimping tabs present on at least one of the two shaped portions. Reg. Cl. 18, Berthmore et al. discloses; wherein each of the two shaped portions includes a dividing wall component extending towards the other of the two shaped portions so that the dividing wall components are connected to each other and together they form the dividing wall. Claims 2-5 are rejected under 35 U.S.C. 103 as being unpatentable over Berthome et al. (FR 2860287) in view of Sasaki (JP 05066073) as applied to claims above, and further in view of Telian (US 2017/0023276). Reg. Cls. 2-5, Berthmore et al. as modified by Sasaki fails to discloses; however Telian teaches wherein center portions of the first separation wall and the second separation wall are in contact (Figs. 6 and 8); Berthome et al discloses claim 3 wherein the first separation wall and the second separation wall are in contact only in the vicinity of the primary tank; claim 4 wherein the first separation wall and the second separation wall are mechanically pinched towards each other; claim 5 wherein the first separation wall and the second separation wall are arcuate (Figs. 5-9) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify Berthome et al’s heat exchanger with the above teachings of Telian wherein center portions of the first separation wall and the second separation wall are in contact; wherein the first separation wall and the second separation wall are in contact only in the vicinity of the primary tank; wherein the first separation wall and the second separation wall are mechanically pinched towards each other; and wherein the first separation wall and the second separation wall are arcuate. Doing so would provide different tube center dividers shapes to meet cooling performance based on design characteristics. Claims 6, 8, and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Berthome et al. (FR 2860287) in view of Sasaki (JP 05066073) as applied to claims above, and further in view of Sumpf, JR. e al. (US 2017/0162922). Reg. Cls. 6, 8, and 9 Berthome et al as modified by Sasaki, fails to disclose; however, Sumpf et al. teaches wherein the first separation wall and the second separation wall are bent away from each other; Claim 8 wherein the first separation wall and the second separation wall are bent away from each other along the whole length of the tube; and claim 9 wherein the first separation wall and the second separation wall are bent away from each other only in the vicinity of the primary tank ([0063] Figs. 10-11, 21 and 22). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to furthermore modify the heat exchanger of Berthome et al. with the abovementioned teachings of Sumpf, Jr. et al.’s first separation wall and the second separation wall are bent away from each other; wherein the first separation wall and the second separation wall are bent away from each other along the whole length of the tube; and wherein the first separation wall and the second separation wall are bent away from each other only in the vicinity of the primary tank. Doing so would provide different shaped flow channels to improve thermal/fluid performance when sharpe bends are made in the tube, as disclosed by Sumfp, Jr. et al. Allowable Subject Matter Claim 19 is allowed. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The applicant is advised to review all the prior art cite on the PTO-892. Any inquiry concerning this communication or earlier communications from the examiner should be directed to TERRELL L MCKINNON whose telephone number is (571)272-4797. The examiner can normally be reached Mon-Fri. 8:00 am to 4:30 pm.. 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, Terrell L McKinnon can be reached at 571-272-4797. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /TERRELL L MCKINNON/Supervisory Patent Examiner, Art Unit 3632
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Prosecution Timeline

Dec 16, 2024
Application Filed
Jun 16, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
30%
Grant Probability
51%
With Interview (+21.4%)
2y 7m (~1y 0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 78 resolved cases by this examiner. Grant probability derived from career allowance rate.

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