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 .
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 1-13 are 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.
Claim 1 recites the limitation "the respective longer walls". There is insufficient antecedent basis for this limitation in the claim.
Claim 2 recites the limitation "the reversal elements". There is insufficient antecedent basis for this limitation in the claim.
Claim 5 recites the limitation "the same direction". There is insufficient antecedent basis for this limitation in the claim.
Claim 7 recites the limitation "the fluid". There is insufficient antecedent basis for this limitation in the claim.
Claim 7 recites the limitation "the intended fluid flow direction". There is insufficient antecedent basis for this limitation in the claim.
Claim 8 recites the limitation "the reversal section". There is insufficient antecedent basis for this limitation in the claim.
Claim 8 recites the limitation "the same hydraulic cross-section". There is insufficient antecedent basis for this limitation in the claim.
Claim 10 recites the limitation "the respective longer walls". There is insufficient antecedent basis for this limitation in the claim.
Claim 10 recites the limitation "the tube bundle". There is insufficient antecedent basis for this limitation in the claim.
Claim 10 recites the limitation "the other end". There is insufficient antecedent basis for this limitation in the claim.
Claim 10 recites the limitation "at least two tube bundles". This limitation is unclear and confusing because is not clear how does this bundles referred to the previous mentioned bundle.
Claim 11 recites the limitation "the tank plate". There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
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, 10, 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Memory et al. (US 20030183378), hereinafter referred to as Memory.
Re claim 1, Memory teaches a tube for a heat exchanger (e.g. 11), comprising: a first tubular element (e.g. see Fig 6 right 36) and at least one second tubular element (e.g. see Fig 6 left 36) each tubular element including two juxtaposed longer walls (see walls on Fig 5-6) having essentially flat surface connected by a pair of shorter walls (walls on the thickness direction better seen in Fig 2) to form a closed profile of each tubular element, wherein in that the tube further comprises at least one reversal element (e.g. 40) configured to fluidly connect the first tubular element and the second tubular element (see Fig 6), wherein the tubular elements are arranged next to each other (see Fig 6), so that the respective longer walls are coplanar with respect to each-other (e.g. abstract, “The major dimensions (D) of the tube runs (36) lie in a common plane”), wherein the reversal element is made integral with the tubular elements (e.g. ¶ 30).
Re claim 2, Memory teaches the tube according to claim 1, wherein the reversal elements include a first twisted section (e.g. 44) and at least one second twisted section (e.g. 46), wherein the first twisted section protrudes directly from first tubular element, and the second twisted section protrudes directly from the second tubular element (e.g. see Fig 6).
Re claim 3, Memory teaches the tube according to claim 2, wherein the reversal element includes an essentially U-shaped section (e.g. 42) configured to fluidly connect the first twisted section and the second twisted section (e.g. see Fig 6).
Re claim 4, Memory teaches the tube according to claim 2, wherein the reversal element includes an essentially straight section (e.g. 48) configured to fluidly connect the first twisted section and the second twisted section (e.g. see Fig 6).
Re claim 5, Memory teaches the tube according to claim 2, wherein the second twisted section protrudes helically in one direction, wherein the first twisted section protrudes helically in the same direction as the second twisted section (e.g. see Fig 2 and ¶ 30).
Re claim 6, Memory teaches the tube according to claim 2, wherein the second twisted section protrudes helically in one direction, wherein the first twisted section protrudes helically in the same direction as the second twisted section (e.g. see Fig 2 and ¶ 30).
Re claim 7, Memory teaches the tube according to claim 1, wherein the first tubular element forms a first pass for the fluid, the second tubular element includes a second pass for the fluid, wherein the intended fluid flow direction in the second pass is in counterflow with respect to the intended fluid flow in the first pass (e.g. see Fig 6, the flow 38).
Re claim 8, Memory teaches the tube according to claim 1, wherein the reversal section includes an essentially the same hydraulic cross-section as any of the first tubular element or the second tubular element (e.g. ¶ 30).
Re claim 10, Memory teaches a heat exchanger comprising at least one tube including a first tubular element (e.g. see Fig 6 right 36) and at least one second tubular element (e.g. see Fig 6 left 36) each tubular element including two juxtaposed longer walls (see walls on Fig 5-6) having essentially flat surface connected by a pair of shorter walls (walls on the thickness direction better seen in Fig 2) to form a closed profile of each tubular element, wherein in that the tube further comprises at least one reversal element (e.g. 40) configured to fluidly connect the first tubular element and the second tubular element (see Fig 6), wherein the tubular elements are arranged next to each other (see Fig 6), so that the respective longer walls are coplanar with respect to each-other (e.g. abstract, “The major dimensions (D) of the tube runs (36) lie in a common plane”), wherein the reversal element is made integral with the tubular elements (e.g. ¶ 30); wherein the heat exchanger further comprises: at least one first manifold group (20) configured to receive one end of the tube and a second manifold group (22) configured to receive the other end of the tube bundle, wherein the first manifold group includes at least a first channel fluidly connected with the first tubular elements, so that a fluidal communication between at least two tube bundles is provided, and in that the second manifold group includes a second channel fluidly communicated with at least second tubular elements, wherein the manifold groups are arranged next to each-other (e.g. ¶ 25, “each of the tubes 28 has a first end 31 connected to the header 20, and a second end 32 connected to the header 22 to transfer the refrigerant between the headers 20, 22”).
Re claim 13, Memory teaches the heat exchanger according to claim 10, wherein the tube includes a third tubular element and a fourth tubular element, wherein the third and fourth tubular elements are fluidly connected by corresponding reversal elements (see Fig 3).
Claim(s) 1 and 9-10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jang et al. (US 20200011616), hereinafter referred to as Jang.
Re claim 1, Jang teaches a tube for a heat exchanger (e.g. Fig 1), comprising: a first tubular element (e.g. see Fig 3 right 11) and at least one second tubular element (e.g. see Fig 3 left 11) each tubular element including two juxtaposed longer walls (see walls on Fig 3-4) having essentially flat surface connected by a pair of shorter walls (walls on the thickness direction better seen in Fig 4) to form a closed profile of each tubular element, wherein in that the tube further comprises at least one reversal element (e.g. 12) configured to fluidly connect the first tubular element and the second tubular element (see Fig 3), wherein the tubular elements are arranged next to each other (see Fig 3), so that the respective longer walls are coplanar with respect to each-other (e.g. ¶ 4, “the two straight sections are symmetrically arranged relative to a symmetry plane”), wherein the reversal element is made integral with the tubular elements (e.g. ¶ 31).
Re claim 9, Jang teaches the tube according to claim 1, wherein the tube is an extruded tube (product by process) and further comprises a plurality of micro channels (e.g. see title).
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.
Claim(s) 11-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Memory in view of Valeo (EP 3587990), hereinafter referred to as Valeo.
Re claim 11-12, Memory teaches the heat exchanger according to claim 10. Memory does not teach the limitation of wherein the first and the second manifold groups include a header plate including slots for receiving the tubes, a distribution plate configured to form the first and the second channel in the manifold groups, and the tank plate for closure of the manifold groups; wherein the header plate includes a plurality of teeth configured to fix the distribution plate and the tank plate.
However, Valeo teaches a heat exchanger comprising a first and the second manifold groups (e.g. 10,20) include a header plate (e.g. 11, 21) including slots (e.g. 110) for receiving the tubes (150), a distribution plate (e.g. 12,22) configured to form a first and a second channel in the manifold groups, and the tank plate (e.g. 13,14) for closure of the manifold groups; wherein the header plate includes a plurality of teeth (e.g. 15) configured to fix the distribution plate and the tank plate (see e.g. Fig 3).
Therefore, at the time the invention was filed it would have been obvious for a person of ordinary skill in the art to have modified Memory and integrated wherein the first and the second manifold groups include a header plate including slots for receiving the tubes, a distribution plate configured to form the first and the second channel in the manifold groups, and the tank plate for closure of the manifold groups; wherein the header plate includes a plurality of teeth configured to fix the distribution plate and the tank plate, as taught by Valeo, in order to limit the thermal coupling between its first manifold and is second manifold, while still resisting to the very high pressure resulting from the use of the super-critical refrigerant fluid (see Valeo ¶ 8).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. (see PTO-892).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NELSON NIEVES whose telephone number is (571)270-0392. The examiner can normally be reached Monday to Friday 9am to 5pm.
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/NELSON J NIEVES/Primary Examiner, Art Unit 3763 7/22/2026
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