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 § 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.
Claims 1-20 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 1, in line 7, it is unclear what heat exchange tube groove of the plurality of heat exchange tube grooves the claim is referring to.
For the purpose of this examination, the claim has been interpreted to mean, in line 7:
--wherein each heat exchange tube groove of the plurality of heat exchange tube grooves comprises:--.
Regarding claims 5 and 8, in line 2 of each, it is unclear if the “a plurality of columns of heat exchange tubes” is the same as the “a plurality of columns of heat exchange tubes” of lines 3-4 of claim 4.
For the purpose of this examination, the claims have been interpreted to mean, in line 2 of each:
--the plurality of columns of heat exchange tubes…--.
Regarding claim 12, in line 2, it is unclear if the “a plurality of heat exchange tube grooves” is the same as the “a plurality of heat exchange tube grooves” of line 2 of claim 11.
in lines 2-3, it is unclear if the “a plurality of columns of heat exchange tube grooves” is the same as the “a plurality of columns of heat exchange tube grooves” of lines 2-3 of claim 11.
For the purpose of this examination, the claims have been interpreted to mean, in lines 2-3:
--at least two of the plurality of heat exchange tube grooves in at least one of the plurality of columns of heat exchange tube grooves of…--.
Regarding claim 13, in lines 2-3 and 4, it is unclear if the “a plurality of columns heat exchange tube grooves” is the same as the “a plurality of columns of heat exchange tube grooves” of lines 2-3 of claim 11.
For the purpose of this examination, the claims have been interpreted to mean, in both lines 2-3 and 4:
--the plurality of columns of heat exchange tube grooves--.
Regarding claim 20, the term “substantially overlap” is a relative term which renders the claim indefinite. The word “substantially” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Specifically, it is unclear what amount/extend/degree of the first and second heat exchange tube guiding segments would necessary constitute “substantially”. Absent a standard for determining, the metes and bounds of the limitation “substantially overlap” is unclear as currently present.
For the purpose of this examination, the claim has been interpreted to mean, in both line 5:
--…configured to overlap with each other…--.
Regarding claims 2-4, 6-7, 9-11, 14-15, 18 and 21-23, the claims are rejected by virtue of their dependency on claim 1.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102:
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.
Claims 1, 3-6, 14-15 and 23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Xu (CN 204787982U, machine translation attached).
Regarding claim 1, Xu discloses:
a heat exchanger (figs. 1-5) comprising:
a plurality of heat exchange tubes (6) arranged in a first direction (D1) (see annotated fig. 2-XU, below); and
a plurality of fins (1) arranged in a second direction (D2) perpendicular to the first direction (D1), each of which comprises a fin body (1) (see annotated fig. 2-XU, below) and a plurality of heat exchange tube grooves (35) formed in the fin body (1) (fig. 5), with at least one of the plurality of heat exchange tubes (6) being inserted into each of at least some of the plurality of heat exchange tube grooves (35) [par. 0053],
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wherein each heat exchange tube groove (35) of the plurality of heat exchange tube grooves (35) comprises:
an open first groove end and a second groove end opposite to the first groove end (see annotated fig. 5-XU, page 5); and
two opposite groove walls, and at least one of the two groove walls of at least one of the plurality of heat exchange tube grooves (35) of at least one of the plurality of fins (1) comprises a plurality of heat exchange tube guiding segments (see annotated fig. 5-XU, page 5) comprising:
a first heat exchange tube guiding segment and a second heat exchange tube guiding segment arranged in sequence (segment-flat wall-segment-flat wall, and so on) from the first groove end to the second groove end (see annotated fig. 5-XU, below), wherein,
a line connecting between two endpoints of the first heat exchange tube guiding segment is inclined at a first angle relative to a reference plane defined by the first (D1) and second (D2) directions (see annotated fig. 5-XU, below), and
a line connecting between two endpoints of the second heat exchange tube guiding segment is inclined at a second angle relative to the reference plane when viewed in a direction perpendicular to the fin body (1) (see annotated fig. 5-XU, below) [par. 0044], and
the second angle is greater than the first angle and less than 90 degrees (see annotated fig. 5-XU, below).
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Regarding claim 3, Xu discloses:
the plurality of heat exchange tubes (6) comprising a plurality of rows (17 rows) of heat exchange tubes arranged in the first direction (D1), each row of heat exchange tubes consisting of a plurality of heat exchange tubes (6) (see annotated fig. 2-XU, page 4);
the plurality of heat exchange tubes (6) of each of the plurality of rows of heat exchange tubes are inserted into one of the plurality of heat exchange tube grooves (35) (seen in figs. 2-3 as it applies to fig. 5); and
the length of at least one of the plurality of heat exchange tube grooves (35) of at least one of the plurality of fins (1) in a third direction (D3) perpendicular to the first (D1) and second directions (D2) is greater than a heat exchange tube size of a row of heat exchange tubes inserted therein in the third direction (D3) (see annotated fig. 5-XU, page 5) [par. 0053],
in the case where the row of heat exchange tubes is consisted of one heat exchange tube (6), the heat exchange tube size is the size of that one heat exchange tube (6) in the third direction, while in the case where the row of heat exchange tubes is consisted of a plurality of heat exchange tubes (6), the heat exchange tube size is a sum of the sizes of the plurality of heat exchange tubes (6) in the third direction (D3) (see annotated fig. 5-XU, page 5).
Regarding claim 4, Xu discloses:
the heat exchange tubes (6) in the rows of the heat exchange tubes disposed in the plurality of heat exchange tube grooves (35) of the plurality of fins (1) comprise a plurality of columns (two columns) of heat exchange tubes arranged in the third direction (D3), and each of the plurality of columns of heat exchange tubes comprises a plurality of heat exchange tubes (6) arranged in the first direction (D1) (see annotated fig. 2-XU, page 4);
Regarding claim 5, Xu discloses:
a heat exchange tube (6) in the plurality of columns of heat exchange tubes comprises a first end located on one side of the heat exchange tube (6) in the second direction (D2) and a second end located on the other side of the heat exchange tube (6) in the second direction (D2) (see annotated fig. 2-XU, page 4); and
the heat exchanger further comprises a connecting portion (502), through which the first ends of the heat exchange tubes (6) in one of the plurality of columns of heat exchange tubes are connected to and in fluid communication with the first ends of the heat exchange tubes (6) in another one of the plurality of columns of heat exchange tubes (6) respectively (see annotated fig. 2-XU, page 4); and
two second collecting tubes (at 501), one of which is connected to and in fluid communication with the second ends of the heat exchange tubes (6) in one column of heat exchange tubes, and the other of which is connected to and in fluid communication with the second ends of the heat exchange tubes (6) in another column of heat exchange tubes respectively (see annotated fig. 2-XU, page 4).
Regarding claim 6, Xu discloses:
the connecting portion (502) comprising a plurality of connecting tubes (seen in fig. 4), through which the first ends of the heat exchange tubes (6) in the one column of heat exchange tubes are connected to and in fluid communication with the first ends of the heat exchange tubes in the another column of heat exchange tubes respectively (fig. 4, as it applies to annotated fig. 2-XU, page 4).
Regarding claim 14, Xu discloses:
the width of the portion of the heat exchange tube groove (35) where the plurality of heat exchange tube guiding segments are provided is configured to gradually decrease in a direction from the first groove end to the second groove end when viewed in the direction perpendicular to the fin body (1) (seen in annotated fig. 5-XU, page 5).
Regarding claim 15, Xu discloses:
the plurality of heat exchange tube guiding segments being straight line segments, when viewed in the direction perpendicular to the fin body (1) (see annotated fig. 5-XU, page 5).
Regarding claim 23, Xu discloses:
at least one of the plurality of heat exchange tubes (6) being inserted into each of the plurality of the heat exchange tube grooves (35) (figs. 2-3 as it applies to fig. 5) [par. 0053].
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by JPH 0590173U, herein “JPH” - machine translation attached.
Regarding claim 1, JPH discloses:
a heat exchanger (figs. 1-2 and 5) comprising:
a plurality of heat exchange tubes (14) arranged in a first direction (vertical direction of figs. 2 and 5); and
a plurality of fins (16, figs. 1-2; 30, fig. 5) arranged in a second direction perpendicular to the first direction (vertical direction of figs. 2 and 5), each of which comprises a fin body (16/30) and a plurality of heat exchange tube grooves (18) formed in the fin body (30, fig. 5), with at least one of the plurality of heat exchange tubes (14) being inserted into each of at least some of the plurality of heat exchange tube grooves (18) (seen in fig. 2),
wherein each heat exchange tube groove (18) of the plurality of heat exchange tube grooves (18) comprises:
an open first groove end (at outer end of 34) (fig. 5) and a second groove end opposite to the first groove end (seen in fig. 5); and
two opposite groove walls (20), and at least one of the two groove walls (20) of at least one of the plurality of heat exchange tube grooves (18) of at least one of the plurality of fins (30, fig. 5) comprises a plurality of heat exchange tube guiding segments (32, 34) (fig. 5) comprising:
a first heat exchange tube guiding segment (34) and a second heat exchange tube guiding segment (32) arranged in sequence from the first groove end to the second groove end (fig. 5), wherein,
a line connecting between two endpoints of the first heat exchange tube guiding segment (34) is inclined at a first angle relative to a reference plane defined by the first (vertical direction of figs. 2 and 5) and second directions (perpendicular to the first direction) (fig. 5), and
a line connecting between two endpoints of the second heat exchange tube guiding segment (32) is inclined at a second angle relative to the reference plane when viewed in a direction perpendicular to the fin body (30) (fig. 5), and
the second angle (of 32) being greater than the first angle (of 34) and less than 90 degrees (as can be gleaned from fig. 5).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103:
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 7 is rejected under 35 U.S.C. 103 as being unpatentable over Xu, as it applies to claim 1, above, in view of Masayuki (JP 2008170041A, machine translation attached).
Regarding claim 7, Xu does not disclose:
the heat exchange tubes (6) in the one column of heat exchange tubes, the connecting tubes, and the heat exchange tubes (6) in the another column of heat exchange tubes that are interconnected with one another being formed by a single bent tube.
Masayuki, also directed to a heat exchanger (fig. 1) comprising
a plurality of heat exchange tubes (3/6) arranged in a first direction (vertical direction of fig. 1) (figs. 1-4); and
a plurality of fins (2) arranged in a second direction perpendicular to the first direction (vertical direction of fig. 1), each of which comprises a fin body (2a) and a plurality of heat exchange tube grooves (15) formed in the fin body (1) (figs. 2-4), with at least one of the plurality of heat exchange tubes (3/6) being inserted into each of at least some of the plurality of heat exchange tube grooves (15) (fig. 2) [par. 0048],
wherein each heat exchange tube groove (15) of the plurality of heat exchange tube grooves (15) comprises:
an open first groove end and a second groove end opposite to the first groove end (best seen in 3); and
two opposite groove walls, and at least one of the two groove walls of at least one of the plurality of heat exchange tube grooves (15) of at least one of the plurality of fins (2) comprising a heat exchange tube guiding segment (best seen in figs. 2-3), and
a connecting portion (8 plus 9) comprising a plurality of connecting tubes (8, 9),
teaches:
a heat exchanger (40) (fig. 10) comprising the heat exchange tubes (3/6) in the one column of heat exchange tubes, and the heat exchange tubes (3/6) in the another column of heat exchange tubes that are interconnected with one another being formed by a single bent tube (41 plus 42 plus 43) (fig. 10) [par. 0059-0060] as an obvious variation of the heat exchanger (1) (fig. 1) comprising
the heat exchange tubes (3/6) in the one column of heat exchange tubes, connecting tubes (8, 9), and the heat exchange tubes (3/6) in the another column of heat exchange tubes that are interconnected with one another (fig. 1) (just as in Xu).
It would have been obvious to one of skill in the art, before the effective filing date of the claimed invention, to have the heat exchanger of Xu comprising the heat exchange tubes (6) in the one column of heat exchange tubes, connecting tubes (at 502), and the heat exchange tubes (6) in the another column of heat exchange tubes that are interconnected with one another being formed by a single bent tube as an obvious design choice according to the user’s needs of for the purpose of ease of manufacturing.
Claims 8-9 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Xu.
Regarding claim 8, Xu discloses:
a heat exchange tube (6) in the plurality of columns of heat exchange tubes comprising a first end located on one side of the heat exchange tube (6) in the second direction and a second end located on the other side of the heat exchange tube (6) in the second direction (see annotated fig. 2-XU, page 4).
It is noted that the mere duplication of parts has no patentable significance unless a new and unexpected result is produced. MPEP 2144.04, section VI, part B. In this case, duplicating one or more of the first and second plurality of columns of heat exchanger tubes and the first connection portion of Xu to have three and four columns of heat exchanger tubes and a second connecting portion and connecting the first, second, third and fourth columns of heat exchanger tubes with the existing two second collecting tubes (of 501) will further increase heat transfer capacity of the heat exchanger according to the user’s needs and would be obvious to one of skill in the art.
Regarding claim 9, as it applies to claim 8, above, Xu discloses:
the first connecting portion (502) comprising a plurality of first connecting tubes (seen in fig. 4 at 502), through which the first ends of the heat exchange tubes (6) in the first column of heat exchange tubes are connected to and in fluid communication with the first ends of the heat exchange tubes (6) in the third column of heat exchange tubes (upon duplication of the first column) respectively; and
the second connecting portion (upon duplication of 502) comprising a plurality of second connecting tubes (6), through which the first ends of the heat exchange tubes (6) in the second column of heat exchange tubes are connected to and in fluid communication with the first ends of the heat exchange tubes (6) in the fourth column of heat exchange tubes (upon duplication of the second column) respectively.
Regarding claim 11, it is noted again, the mere duplication of parts has no patentable significance unless a new and unexpected result is produced. MPEP 2144.04, section VI, part B. In this case, duplicating one or more of Xu’s columns of heat exchange tube grooves arranged in a third direction (D3) perpendicular to the first (D1) and second (D2) directions and having each of the plurality of columns of the heat exchange tube grooves comprising a plurality of heat exchange tube grooves (35) arranged in the first direction (D1) will further increase heat transfer capacity of the heat exchanger according to the user’s needs and would be obvious to one of skill in the art.
Claims 10 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Xu, as it applies to claims 8-9 and 11, above, in view of Masayuki.
Regarding claim 10, Xu does not disclose:
the heat exchange tubes in the first column of heat exchange tubes, the first connecting tubes, and the heat exchange tubes in the third column of heat exchange tubes that are interconnected with one another are formed by a single bent tube; and
the heat exchange tubes in the second column of heat exchange tubes, the second connecting tubes, and the heat exchange tubes in the fourth column of heat exchange tubes that are interconnected with one another are formed by a single bent tube.
Masayuki, also directed to a heat exchanger (fig. 1) comprising
a plurality of heat exchange tubes (3/6) arranged in a first direction (vertical direction of figs. 1 and 10) (figs. 1-4); and
a plurality of fins (2) arranged in a second direction perpendicular to the first direction (vertical direction of figs. 1 and 10), each of which comprises a fin body (2a) and a plurality of heat exchange tube grooves (15) formed in the fin body (1) (figs. 2-4), with at least one of the plurality of heat exchange tubes (3/6) being inserted into each of at least some of the plurality of heat exchange tube grooves (15) (fig. 2) [par. 0048],
wherein each heat exchange tube groove (15) of the plurality of heat exchange tube grooves (15) comprises:
an open first groove end and a second groove end opposite to the first groove end (best seen in fig. 3); and
two opposite groove walls, and at least one of the two groove walls of at least one of the plurality of heat exchange tube grooves (15) of at least one of the plurality of fins (2) comprising a heat exchange tube guiding segment (best seen in figs. 2-3), and
a connecting portion (8 plus 9) comprising a plurality of connecting tubes (8, 9),
teaches:
a heat exchanger (40) (fig. 10) comprising the heat exchange tubes (3/6) in the one column of heat exchange tubes, and the heat exchange tubes (3/6) in the another column of heat exchange tubes that are interconnected with one another being formed by a single bent tube (41 plus 42 plus 43) (fig. 10) [par. 0059-0060] as an obvious variation of the heat exchanger (1) (fig. 1) that comprises the heat exchange tubes (3/6) in the one column of heat exchange tubes, connecting tubes (8, 9), and the heat exchange tubes (3/6) in the another column of heat exchange tubes that are interconnected with one another (fig. 1) (just as in Xu).
It would have been obvious to one of skill in the art, before the effective filing date of the claimed invention, to have the heat exchanger of Xu comprising the heat exchange tubes (6) in the one column of heat exchange tubes, connecting tubes (at 502), and the heat exchange tubes (6) in the another column of heat exchange tubes that are interconnected with one another being formed by a single bent tube as an obvious design choice according to the user’s needs of for the purpose of ease of manufacturing.
As it applies to claim 8, above, the mere duplication of parts has no patentable significance unless a new and unexpected result is produced. MPEP 2144.04, section VI, part B. In this case, duplicating one or more of the first and second plurality of columns of heat exchanger tubes and the first connection portion of Xu to have three and four columns of heat exchanger tubes and a second connecting portion and connecting the first, second, third and fourth columns of heat exchanger tubes with the existing two second collecting tubes (of 501) will further increase heat transfer capacity of the heat exchanger according to the user’s needs and would be obvious to one of skill in the art, wherein, upon modification with Masayuki, it would have been obvious to have:
the heat exchange tubes in the first column of heat exchange tubes, the first connecting tubes, and the heat exchange tubes in the third column of heat exchange tubes that are interconnected with one another being formed by a single bent tube; and
the heat exchange tubes in the second column of heat exchange tubes, the second connecting tubes, and the heat exchange tubes in the fourth column of heat exchange tubes that are interconnected with one another being formed by a single bent tube.
Regarding claim 13, Xu does not disclose:
a plurality of heat exchange tube grooves in at least one of a plurality of columns of heat exchange tube grooves of the plurality of fins and a plurality of heat exchange tube grooves in at least another one of a plurality of columns of heat exchange tube grooves of the plurality of fins are alternately arranged in the first direction.
Masayuki, also directed to a heat exchanger (fig. 1) comprising
a plurality of heat exchange tubes (3/6) arranged in a first direction (vertical direction of figs. 1 and 11) (figs. 1-4); and
a plurality of fins (2) arranged in a second direction perpendicular to the first direction (vertical directions of figs. 1 and 11), each of which comprises a fin body (2a) and a plurality of heat exchange tube grooves (15) formed in the fin body (1) (figs. 2-4), with at least one of the plurality of heat exchange tubes (3/6) being inserted into each of at least some of the plurality of heat exchange tube grooves (15) (fig. 2) [par. 0048],
wherein each heat exchange tube groove (15) of the plurality of heat exchange tube grooves (15) comprises:
an open first groove end and a second groove end opposite to the first groove end (best seen in fig. 3); and
two opposite groove walls, and at least one of the two groove walls of at least one of the plurality of heat exchange tube grooves (15) of at least one of the plurality of fins (2) comprising a heat exchange tube guiding segment (best seen in figs. 2-3), and
a connecting portion (8 plus 9) comprising a plurality of connecting tubes (8, 9),
teaches:
a plurality of heat exchange tube grooves (15) in at least one of a plurality of columns (one of two columns of grooves 15, seen in fig. 11) of heat exchange tube grooves of the plurality of fins (2) and a plurality of heat exchange tube grooves (15) in at least another one of a plurality of columns (the other one of the two columns of grooves 15, seen in fig. 11) of heat exchange tube grooves of the plurality of fins (2) being alternately arranged in the first direction (vertical direction of fig. 11) (fig. 11) [par. 0063] in order to improve heat exchange performance [par. 0066], as an obvious variation of the plurality of heat exchange tube grooves (15) in at least one of a plurality of columns (one of two columns of grooves 15, seen in fig. 2) of heat exchange tube grooves of the plurality of fins (2) and a plurality of heat exchange tube grooves (15) in at least another one of a plurality of columns (the other one of the two columns of grooves 15, seen in fig. 2) of heat exchange tube grooves of the plurality of fins (2) being arranged in the same height in the first direction (the vertical direction of fig. 2).
Therefore, as it applies to claim 11, it would have been obvious to one of skill in the art, before the effective filing date of the claimed invention, to incorporate into Xu the teachings of Masayuki to have a plurality of heat exchange tube grooves in at least one of a plurality of columns of heat exchange tube grooves of the plurality of fins and a plurality of heat exchange tube grooves in at least another one of a plurality of columns of heat exchange tube grooves of the plurality of fins being alternately arranged in the first direction, in order to optimize heat transfer according to the user’s needs.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Xu in view of Yoshioka et al. (US 2006/0070726, hereon “Yoshioka”).
Regarding claim 18, Xu does not disclose:
a gap between at least one portion of at least one groove wall of the heat exchange tube groove located between the plurality of heat exchange tube guiding segments and the second groove end and the heat exchange tube is less than or equal to 0.15 mm.
Yoshioka, also directed to a fin-and-tube type heat exchanger (fig. 1), teaches that to join a flat tube (4) with a groove wall of a tube groove (3) of a plurality of fins (24), when a gap between the groove wall and the tube is formed large enough to ensure the insertion efficiency, brazing material is not satisfactorily supplied to the gap between the two; thus, the contact between the two is deteriorated, resulting in a reduction of the heat conductivity. Contrarily, when the gap is formed small enough to ensure satisfactory brazing, the insertion efficiency of the tube is lowered, resulting in an extreme reduction of the productivity [par. 0007]. Therefore, the gap between at least one portion of at least one groove wall of the heat exchange tube groove, located between the plurality of heat exchange tube guiding segments and the second groove end, and the heat exchange tube, is recognized as a result-effective variable, i.e. a variable which achieves a recognized result. In this case, the recognized result is that having the optimal dimension for the gap between the groove wall and the tube, brazing between the fins and the tubes is optimized. Therefore, since the general conditions of the claim, i.e. a gap between a groove wall of a tube groove and a flat tube were disclosed in the prior art by the combination of Xu and Yoshioka, it is not inventive to discover the optimum workable range by routine experimentation.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over JPH.
Regarding claim 20, JPH does not disclose:
one of the two endpoints of the first heat exchange tube guiding segment (34) that is close to the second heat exchange tube guiding segment (32) and one of the two endpoints of the second heat exchange tube guiding segment (32) that is close to the first heat exchange tube guiding segment (34) being configured to overlap with each other when viewed in the direction perpendicular to the fin body. However, JPH alludes to the option of having the guide segments (32, 34) in different shapes [par. 0036] including an arc shape (as seen in fig. 8). It would have been obvious to one of skill in the art, before the effective filing date of the claimed invention, to have the guide segments (32, 34) (of fig. 5) overlapping in order to facilitate insertion of the tubes (140 in the grooves (18). Further, it has been held that changing the shape of an old device is a matter of design choice which involves only routine skill in the art. MPEP 2144.04, section IV, part A.
Allowable Subject Matter
Claims 2, 12 and 21-22 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
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/GUSTAVO A HINCAPIE SERNA/Examiner, Art Unit 3763
/JENNA M MARONEY/Primary Examiner, Art Unit 3763
