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.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-8 is/are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Jindou et al. (US 2013/0299153 A1).
Regarding claim 1, Jindou discloses (figure 8-10) a heat exchanger comprising: flat tubes disposed in a first direction (flat tubes 33 are stacked in the up-down direction of figure 9); and a fin joined to the flat tubes (fin 36), wherein the heat exchanger causes heat exchange between: a refrigerant that flows inside the flat tubes, and air that flows outside the flat tubes along a second direction that intersects the first direction (the left to right direction of figure 9 along the direction of the airflow arrow in figure 9, with heat exchange described in at least paragraphs 0058-0065) , the fin comprises: a first joint portion joined to a first flat tube included in the flat tubes (where fins 36 connect to an individual tube, specifically the tube 33 directly above the X-X line of figure 9) ; and a first plate portion between an air flow downstream end of the fin and the first joint portion (the portion of the fin 36 between the tube 33 directly above the X-X line of figure 9 and the end edge of the fin to the right of the rib 57 in figure 9), and the first plate portion comprises a protruding portion ( at rib 57 or alternatively at protrusion 53) that causes water to flow in the first direction in a vicinity of the first flat tube (per paragraphs 0109 and 0114 for the rib 57 and paragraph 0113 for the protrusion 53).
Regarding claim 2, Jindou disclose the claim limitations of claim 1 above and Jindou further discloses the protruding portion extends in the first direction (57 extends in the up-down direction of figure 9).
Regarding claim 3, Jindou disclose the claim limitations of claim 1 above and Jindou further discloses a distance in the second direction between an air flow downstream end of the first flat tube and the protruding portion (at protrusion 53) is less than a distance in the second direction between the air flow downstream end of the fin and the protruding portion (protrusion 53 has an end closer to the tube 33 than the edge past the rib 57 in the airflow direction as seen in figure 9).
Regarding claim 4, Jindou disclose the claim limitations of claim 1 above and Jindou further discloses the fin further comprises: a second joint portion joined to a second flat tube included in the flat tubes and adjacent to the first flat tube in the first direction (where fins 36 connect to a second individual tube 33 adjacent to the first tube, specifically the tube 33 directly below the X-X line of figure 9); and a second plate portion between the first joint portion and the second joint portion (at the heat transfer portion 37 on which the X-X line of figure 9 is disposed), and the second plate portion comprises a protruding portion extending in a direction inclined with respect to both the first direction and the second direction (at the protrusions 51, 52 and 53, where the protrusions 51, 52 and 53 extend in a direction that is inclined relative to the left to right direction of figure 9 and the up to down direction of figure 9).
Regarding claim 5, Jindou disclose the claim limitations of claim 4 above and Jindou further discloses the protruding portion of the first plate portion extends in an up-down direction (rib 57 extends in an up to down direction of figure 9), and the protruding portion of the second plate portion extends obliquely downward from a vicinity of an air flow downstream portion of the first flat tube (where the protrusions 51, 52 and 53 extend in a direction downward, from the first flat tube 33. Where the direction of extension of the protrusions 51, 52 and 53 is inclined relative to the left to right direction of figure 9 and the up to down direction of figure 9).
Regarding claim 6, Jindou disclose the claim limitations of claim 4 above and Jindou further discloses the protruding portion of the first plate portion extends in an up-down direction (rib 57 extends in an up to down direction of figure 9), and the protruding portion of the second plate portion extends obliquely downward from a vicinity of an air flow upstream portion of the first flat tube (where the protrusions 51, 52 and 53 extend in a direction downward, from the first flat tube 33. Where the direction of extension of the protrusions 51, 52 and 53 is inclined relative to the left to right direction of figure 9 and the up to down direction of figure 9).
Regarding claim 7, Jindou disclose the claim limitations of claim 1 above and Jindou further discloses the fin (36) further comprises: a second joint portion joined to a second flat tube included in the flat tubes and adjacent to the first flat tube in the first direction (where fins 36 connect to a second individual tube 33 adjacent to the first tube, specifically the tube 33 directly below the X-X line of figure 9); a second plate portion between the first joint portion and the second joint portion (at the heat transfer portion 37 on which the X-X line of figure 9 is disposed); and a third plate portion between the air flow downstream end of the fin and the second plate portion (the portion of the fin on the downstream side of the heat transfer portion 37 on which the X-X line of figure 9 is disposed, specifically at the downstream side of 37 around the rib 57), and the third plate portion comprises a protruding portion that is continuous with the protruding portion of the first plate portion (rib 57 is continuous along the up to down direction past all of the tubes 33 seen in figure 9).
Regarding claim 8, Jindou disclose the claim limitations of claim 1 above and Jindou further discloses the fin further comprises: a second joint portion joined to a second flat tube included in the flat tubes and adjacent to the first flat tube in the first direction (where fins 36 connect to a second individual tube 33 adjacent to the first tube, specifically the tube 33 directly below the X-X line of figure 9); and a second plate portion between the first joint portion and the second joint portion (at the heat transfer portion 37 on which the X-X line of figure 9 is disposed), and the second plate portion comprises a notch that enhances heat transfer (at 61).
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) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jindou et al. (US 2013/0299153 A1).
Regarding claim 9, Jindou disclose the claim limitations of claim 1 above and Jindou further discloses fins (36) disposed in an extending direction of the flat tubes (as seen in figure 8). However, Jindou does not explicitly disclose that a fin pitch of the fins is greater than or equal to 1.2 mm and less than or equal to 1.4 mm, and a height of the protruding portion of the first plate portion is greater than or equal to 0.1 mm and less than or equal to 0.6 mm as Jindou is silent as to any specific dimensions.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to cause the device of Jindou to have a fin pitch of the fins is greater than or equal to 1.2 mm and less than or equal to 1.4 mm, and a height of the protruding portion of the first plate portion is greater than or equal to 0.1 mm and less than or equal to 0.6 mm, since it has been 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” Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 SPQ 232 (1984). See MPEP 2144.04 IV A. In the instant case, the device of Jindou would not operate differently with the claimed fin pitch and protrusion height and since Jindou shows a rib 57 with a relatively small height relative to the other fin features of figure 10 device would function appropriately having the claimed relatively smaller rib height to fin pitch/ fin spacing. Further, applicant places no criticality on the ranges claimed, indicating simply that the pitch in one or more embodiments is within the claimed ranges per page 8 line 12-15 of the originally filed specification, nowhere is it stated where this specific range appears to be critical to the invention. Criticality is not found with height either as the protruding portion height is not limited but the ranges are provided as an example per page 10 line 3-6 of the originally filed specification.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jindou et al. (US 2013/0299153 A1) in view of Yoshioka et al. (US 2019/0170372 A1).
Regarding claim 10, Jindou disclose the claim limitations of claim 1 above, However, Jindou does not explicitly disclose the heat exchanger is included in an indoor unit of an air-conditioning apparatus at the specific fin structure shown in figure 8-10 is only explicitly applied to an outdoor heat exchanger per paragraph 0098 of Jindou.
Yoshioka teaches (figure 4-11) a heat exchanger comprising: flat tubes disposed in a first direction (flat tubes 21 are stacked in the up-down direction of figure 6 and 11); and a fin joined to the flat tubes (fin 31), wherein the heat exchanger causes heat exchange between: a refrigerant that flows inside the flat tubes, and air that flows outside the flat tubes along a second direction that intersects the first direction (the left to right direction of figure 6 and 11 along the direction of the airflow arrow in figure 11) , the fin comprises: a first joint portion joined to a first flat tube included in the flat tubes (where fins 31 connect to an individual tube 21 as seen in figure 6 and 11) ; and a first plate portion between an air flow downstream end of the fin and the first joint portion (the portion of the fin 31 between the tube 21 and the end edge of the around the water guide rib 36 clearly seen in figure 6), and the first plate portion comprises a protruding portion ( at the water guide rib 36) that causes water to flow in the first direction in a vicinity of the first flat tube (per paragraphs 0059) where the heat exchanger is included in an indoor unit of an air-conditioning apparatus (per paragraph 0001 and 0080).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to have modified the fins with a water guide/protrusion of the outdoor heat exchanger of Jindou to be applied to an indoor unit; since including a water guide/protrusion on the fins of an heat exchanger of an indoor unit of an air conditioning apparatus is taught by Yoshioka. Placing the fins with a water guide/protrusion on an heat exchanger of an indoor unit would allow for condensate water in the indoor unit heat exchanger to improve drainabiltiy on the indoor heat exchanger as recognized by Yoshioka (per paragraph 0080).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Maeda et al. (US 20190383567 A1), Nakamura et al. (US 20180120039 A1), Choi et al. (US 20140116667 A1), Ohtani et al. (US 20130299152 A1), Kitazawa et al. (US 20070261817 A1) and JP H0590173 U all appear to show prior art that could at least read on the independent claim 1.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HANS R. WEILAND whose telephone number is (571)272-9847. The examiner can normally be reached Monday-Thursday 6-3 EST and alternating Fridays.
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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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/HANS R WEILAND/Examiner, Art Unit 3763 /LEN TRAN/Supervisory Patent Examiner, Art Unit 3763
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