www.uspto.gov
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria, Virginia 2231371450
`
`14/232,162
`
`01/10/2014
`
`Subaru Matsumoto
`
`14434.0537USWO
`
`6141
`
`53148
`
`759°
`
`01/08/2020
`
`HAMRE, SCHUMANN, MUELLER & LARSON RC.
`45 South Seventh Street
`Suite 2700
`
`MINNEAPOLIS, MN 55402-1683
`
`ARANT' HARRY E
`
`PAPER NUMBER
`
`ART UNIT
`3763
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`01/08/2020
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
`
`following e—mail address(es):
`PTOMail@hsml.eom
`
`PTOL-90A (Rev. 04/07)
`
`

`

`017/09 A0170” Summary
`
`Application No.
`14/232,162
`Examiner
`HARRY E ARANT
`
`Applicant(s)
`Matsumoto et al.
`Art Unit
`AIA (FITF) Status
`3763
`N0
`
`- The MAILING DA TE of this communication appears on the cover sheet wit/7 the correspondence address -
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a). In no event, however, may a reply be timely filed after SIX (6) MONTHS from the mailing
`date of this communication.
`|f NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1). Responsive to communication(s) filed on 9/16/2019.
`CI A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2a). This action is FINAL.
`
`2b) D This action is non-final.
`
`3)[:] An election was made by the applicant in response to a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`
`4):] Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Expade Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`
`5)
`
`Claim(s)
`
`1—8,11—12 and 14—16 is/are pending in the application.
`
`5a) Of the above claim(s) fl is/are withdrawn from consideration.
`
`
`
`E] Claim(s)s_is/are allowed.
`
`Claim(ss) 1 —8, 11— 12 and 14— 15 is/are rejected.
`
`[:1 Claim(ss_) is/are objected to.
`
`) ) ) )
`
`S)
`are subject to restriction and/or election requirement
`C] Claim(s
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
`
`participating intellectual property office for the corresponding application. For more information, please see
`
`http://www.jjgptgng/patents/init_event§/pph/index.'sp or send an inquiry to PPeredhack@g§ptg.ggv.
`
`Application Papers
`
`10):] The specification is objected to by the Examiner.
`
`11). The drawing(s) filed on 1/10/2014 is/are: a). accepted or b)D objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`
`12). Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`
`a). All
`
`b)C] Some**
`
`c)[j None of the:
`
`1C] Certified copies of the priority documents have been received.
`
`2E] Certified copies of the priority documents have been received in Application No.
`
`3.. Copies of the certified copies of the priority documents have been received in this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`
`** See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`2) C] Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date_
`U.S. Patent and Trademark Office
`
`3) E] Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) CI Other-
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20191217
`
`

`

`Application/Control Number: 14/232,162
`Art Unit: 3763
`
`Page 2
`
`DETAILED ACTION
`
`Notice ofPre-AIA 0r AIA Status
`
`1.
`
`The present application is being examined under the pre—AIA first to invent provisions.
`
`Election/Restrictions
`
`2.
`
`Claim 16 is directed to an invention that is independent or distinct from the invention
`
`originally claimed for the following reasons: Claim 16 is directed to a method for using an
`
`outdoor heat exchanger rather than an outdoor heat exchanger or vehicle air conditioner as
`
`previous presented.
`
`Since applicant has received an action on the merits for the originally presented
`
`invention, this invention has been constructively elected by original presentation for prosecution
`
`on the merits. Accordingly, claim 16 is withdrawn from consideration as being directed to a
`
`non—elected invention. See 37 CFR 1.142(b) and MPEP § 821.03
`
`Claim Rejections - 35 US C § 103
`
`3
`
`The following is a quotation of pre—AIA 35 U.S.C. 103(a) which forms the basis for all
`
`obviousness rejections set forth in this Office action:
`
`(a) A patent may not be obtained though the invention is not identically disclosed or described as set
`forth in section 102, if the differences between the subject matter sought to be patented and the prior art
`are such that the subject matter as a whole would have been obvious at the time the invention was made
`to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not
`be negatived by the manner in which the invention was made.
`
`4.
`
`Claims 1, 2, 4, 6, 7, and 12 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being
`
`unpatentable over Nishishita (US. Patent No. 6,273,184, previously cited) in View of Kin et
`
`al. (Japanese Patent Publication JP200810847A, “Kin”).
`
`

`

`Application/Control Number: 14/232,162
`Art Unit: 3763
`
`Page 3
`
`Regarding Claim 1, Nishishita discloses an outdoor heat exchanger (fig 1, the
`
`embodiment shown in fig 4) comprising:
`
`flat tubes (3, 7) in which the refrigerant flows, the flat tubes haVing a cross—sectional
`
`shape extended in a first direction (fig 4), the flat tubes being arranged in a second direction
`
`orthogonal to the first direction so as to face each other (see annotated fig 4 below), wherein the
`
`outdoor air (A) is caused to flow between the flat tubes from one side to the other in the first
`
`direction; and
`
`a corrugated fin (4) disposed between the flat tubes adjacent to each other, the corrugated
`
`fin comprising: a plurality of plate portions (4b) arranged in a third direction orthogonal to the
`
`first direction and the second direction; and a plurality of folded portions (4a) joined alternately
`
`to the flat tubes adjacent to each other,
`
`wherein
`
`each of the plurality of plate portions has a plurality of louvers (30), the plurality of
`
`louvers being inclined with respect to the first direction and being substantially continuous with
`
`each other in the first direction (fig 4),
`
`each of the plurality of plate portions has a joining region corresponding to a region of
`
`the folded portion that is in contact with the flat tubes, and an extension portion (see annotated
`
`fig 4 below) corresponding to a region of the folded portion that is not in contact with the flat
`
`tubes,
`
`the joining region and the extension portion are arranged in the first direction, the
`
`extension portion projects windward in the first direction from an end position of the joining
`
`region (fig 4),
`
`

`

`Application/Control Number: 14/232,162
`Art Unit: 3763
`
`Page 4
`
`a foremost louver (see annotated fig 4 below) that is located on the most windward side
`
`among the plurality of louvers is disposed entirely within the extension portion,
`
`each of the plurality of plate portions has a front flat portion as a part of the extension
`
`portion, the front flat portion being located windward of the foremost louver,
`
`the front flat portion has an area larger than half of that of the extension portion (as
`
`evident in fig 4), the entire foremost louver is disposed leeward of a center of the extension
`
`portion in the first direction, and
`
`a leeward end of the foremost louver is located windward of the end position of the
`
`joining region in the first direction (fig 4), and
`
`the outdoor heat exchanger is capable to function as both an evaporator that evaporates
`
`the refrigerant by heat exchange with outdoor air and a condenser that condenses the refrigerant
`
`by heat exchange with outdoor air.
`
`The limitations of “formed by cutting and raising” is being treated as a product—by—
`
`process limitation. In product—by—process claims, “once a product appearing to be substantially
`
`identical is found and a 35 U.S.C. 102/103 rejection [is] made, the burden shifts to the applicant
`
`to show an unobvious difference.” MPEP 2113. This rejection under 35 U.S.C. 102/ 103 is
`
`proper because the “patentability of a product does not depend on its method of production.” In
`
`re Thorpe, 227 USPQ 964, 966 (Fed. Cir. 1985).
`
`It has been held that a recitation with respect to the manner in which a claimed apparatus
`
`is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus
`
`satisfying
`
`the
`
`claimed
`
`structural
`
`limitations.
`
`Ex parte Masham,
`
`2 USPQ2d
`
`1647
`
`(1987). Furthermore, “apparatus claims cover what a device is, not what a device does”. Hewlett-
`
`Packard Co. v. Bausch & Lamb Inc, 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed Circ.
`
`

`

`Application/Control Number: 14/232,162
`Art Unit: 3763
`
`Page 5
`
`1990) (emphasis in original). While features of an apparatus may be recited either structurally or
`
`functionally, claims directed to an apparatus must be distinguished from the prior art in terms of
`
`structure rather than function (MPEP § 2114). Therefore, any statement of intended use and all
`
`other functional implications have been carefully considered but are deemed not to impose any
`
`patentably distinguishing structure over that disclosed by Nishishita which is capable of being used
`
`in the intended manner, i.e., operating as an evaporator and condenser.
`
`F I G _
`
`3‘13
`
`323:)
`.
`I
`
`m
`
`32a
`
`,
`
`I
`
`9
`
`«xxxxxx\\\\\\\\\\\\\\\\\\\\\\\\
`V2
`\:
`:
`§2
`I§
`foremost
`;§\\\“Emiver
`$2
`'
`
`
`
`“I;A“\
`
`
`
`a.“ F».‘u'ifiumwm-eongmwsnv’
`
`,
`
`.
`S
`a
`
`_
`5
`:
`E
`_
`
`I
`
`
`\j.s.s s\I hiaii}
`
`2
`\~
`,
`.
`s
`. \
`i‘
`'32 7
`Rx\\\\\:&(:1\“\“\\“\é33 r
`§s
`:
`.
`1
`e
`§~
`\\
`I
`§
`\
`,
`‘
`A
`send position;
`Jr” “an!" .ar‘aw’x if".
`s\\\ u
`
`\NCK‘N :
`W .K'
`§§
`§§
`...
`
`. x\\\ xm®®®- szffl/efifx if if“
`§
`froriéflat
`$2
`'
`5‘
`0 son
`‘2"""‘*
`f“
`
`‘1
`2M:\\\Kx\\\\\xwxg/f/ffor/fir,”
`§§ P
`/
`‘l‘l‘l‘l‘l‘l‘l‘l‘lt
`first direction
`(((’///l’l
`RW-
`
`
`§z
`3;
`second
`$2
`~
`-
`§z
`direction 3;
`\z
`
`sassmsmmsa
`:V
`\2
`§
`third
`§
`5‘
`-
`2
`*3
`§ directaon §
`3a
`\\\\\\\\\\\\\\\\\\\\\\\\\V
`
`
`
`extension
`
`portion
`
`
`
`However, Nishishita does not explicitly disclose wherein a louver that is immediately
`
`adjacent to the foremost louver comprises a part that is disposed within the extension portion and
`
`a residual part that is disposed outside the extension portion. Kin, however, discloses a heat
`
`

`

`Application/Control Number: 14/232,162
`Art Unit: 3763
`
`Page 6
`
`exchanger wherein a louver that is immediately adjacent to the foremost louver comprises a part
`
`that is disposed within the extension portion and a residual part that is disposed outside the
`
`extension portion (see annotated fig 1 below). It would have been obvious to a person of
`
`ordinary skill in the art at the time of the invention for Nishishita to have the louver immediately
`
`adjacent to the foremost louver extend into the extension portion in order to adjust the size of the
`
`louvers and optimize the flow of air through the fins.
`
`[[241]
`
`grim.“
`,'\
`\.
`\‘\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\;\
`.
`-.v
`:§
`\:
`
`.------ mam}?
`g§
`foremost
`g
`x
`a.
`.
`:\
`\:
`:\
`\u _
`f &
`
`s
`lower
`$5
`hiring
`
`
`
`
`:\
`
`A
`Ea i
`s"
`f
`V.
`
`\\\\ib
`.f
`i i
`9*
`s
`at:
`part
`§
`§
`§
`
`:
`,
`.'
`:
`3
`'
`;
`
`residual part
`disposed §
`§
`5%
`in
`§§
`§;
`;\
`.
`\g
`\2
`5%
`-
`§3
`§3
`‘
`£\
`\3:
`
`g portion §W
`
`;\
`:\
`?§
`
`

`

`Application/Control Number: 14/232,162
`Art Unit: 3763
`
`Page 7
`
`Regarding Claim 2, the combination of Nishishita and Kin discloses all previous claim
`
`limitations. Nishishita further discloses wherein the foremost louver is continuous with the front
`
`flat portion and is a one—protrusion louver that protrudes from the plate portion on only one side
`
`in the third direction (see annotated fig 4 below).
`
`‘1"“‘his““‘fi-‘QI‘F}
`“W “‘ “
`
`
`
`—-—~.\\\ ”- x \ \\\ \‘xwdr’xxxxfi xxx,» F“
`m\\ \\ Nova N KN Neww; x xxxxfmx x.» xw
`
`wxxxx ‘x‘x xxxxx‘xw .3foxx xxx“ .22.» fr“
`
`
`x‘x\\\\\\\\”xx
`hg
`fix
`/((((((((((«
`
`foremost
`
`§3%I‘\
`louver
`33$
`\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ :'
`
`\\\\\\\\\\\\\\\\\\\\\\\\\\
`third
`direction
`\\\\\\\\\\\\\\\\\\\\\\‘
`%
`
` (4444444444444
`
`
`////////////II
`
`
`Regarding Claim 4, the combination of Nishishita and Kin discloses all previous claim
`
`limitations. Nishishita further discloses wherein each of the plurality of folded portions is formed
`
`in a shape having a flat central portion so as to be in surface contact with the flat tube (see
`
`annotated fig 4 below).
`
`

`

`Application/Control Number: 14/232,162
`Art Unit: 3763
`
`Page 8
`
`flat central
`
`\;
`:
`
`V
`
`7
`
`-
`
`3g.a
`
`7
`a
`
`’))))))))))))1
`114/1144”
`‘
`portion
`\
`32b
`5 313
`
`/
`W“
`..
`
`g ”ital in,
`‘
`.flgvu‘u.‘umgg‘uug~‘
`
`
`
`)-
`, «Air's-n“!
`
`igflufll
`ti‘h
`
`
`
`
`
`
`
`""""""
`
`
`
`
`
`
`
`gin-way pg‘tmun-‘uwemun‘ufilq‘
`'w
`‘
`.
`
`
`
`
`{-w
`Izfiflfi
`‘ flm‘amupgfi‘hfiiflfifi’
`mint
`
`‘
`»
`Ll
`‘
`“k,
`(4.1.) M ~q
`:
`31
`3
`30
`:33 ,
`f?
`WQ‘E‘Q‘ xx. “00;“: NHfox/xfiffixmfx r"
`mxxx‘xN\\ “amW: a“ xxxkflffIV MW
`MN, xxx \Nxxxx‘xxw xxxflw .z‘x' Xxxfx' fr“
`
`, N '\ xx‘xx \\\‘x \‘N
`x“ xxx xxx xx x xxx—e
`
`if;
`A
`33
`
`K mE)
`
`Regarding Claim 6, the combination of Nishishita and Kin discloses all previous claim
`
`limitations. Nishishita further discloses wherein the plurality of louvers form a windward louver
`
`group constituted by parallel louvers
`
`including the foremost louver, and a leeward louver group constituted by louvers inclined
`
`in an opposite direction to inclination of the foremost louver with respect to the first direction
`
`(see annotated fig 4 below), and
`
`the windward louver group and the leeward louver group are axisymmetric when viewed
`
`in the second direction (fig 4).
`
`

`

`Application/Control Number: 14/232,162
`Art Unit: 3763
`
`Page 9
`
`D
`
`.
`
`‘
`
`\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\
`leeward“ louver
`
`2/
`
`'
`
`.
`
`.
`
` ;
`
`.\\\N\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ ..
`2222/22/22)”,
`«((441411
`I
`; Windward
`i
`«(m/my
`”xx/22””
`grou
`.
`p
`.
`NW
`5Wr°§§®2
`
`
`
`N'
`, \5
`
`
`
`
`
`' 77777777777
`‘ “ w‘fi..‘ “
`"21g“.
`_.
`
`Regarding Claim 7, the combination of Nishishita and Kin discloses all previous claim
`
`limitations. Nishishita further discloses a pair of headers (2a, 2b) that extend in the second
`
`direction and to which both ends of the flat tubes are connected, wherein
`
`the first direction and the second direction are capable of being horizontal directions, and
`
`the third direction is capable of being a vertical direction (see annotated fig 3 below).
`
`

`

`Application/Control Number: 14/232,162
`Art Unit: 3763
`
`Page 10
`
`“hvii' 9
`
`1!
`'\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\
`second
`
`222222222222)/
`
`direction
`
`
`
`
`
`(444444444444.
`
`\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\
`’1
`
`third direction
`
`«(441441411
`
`WW
`
`Regarding Claim 12, the combination of Nishishita and Kin discloses all previous claim
`
`limitations. However, they do not explicitly disclose wherein the extension portion has a length
`
`of 1.5 mm or more and 3.5 mm or less in the first direction.
`
`However, since Nishishita teaches an extension portion (corresponding to L) which will
`
`vary in length, the length of the extension portion is recognized as a result—effective variable, i.e.
`
`a variable which achieve a recognized result. In this case the recognized result being that the
`
`length of the extension portion will affect the heat exchange capacity of the heat exchanger.
`
`

`

`Application/Control Number: 14/232,162
`Art Unit: 3763
`
`Page 11
`
`Therefore, it would have been obvious to a person of ordinary skill in the art at the time
`
`of the invention for Nishishita, as modified, to have the extension portion has a length of 1.5 mm
`
`or more and 3.5 mm or less in the first direction in order to optimize the heat exchanger.
`
`5.
`
`Claim 3 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over
`
`Nishishita and Kin as applied to claim 1 above, and further in View of Beamer et al. (US.
`
`Patent Application No. 2009/0173478, “Beamer”, previously cited).
`
`Regarding Claim 3, the combination of Nishishita and Kin discloses all previous claim
`
`limitations. However, they do not explicitly disclose wherein the plurality of louvers are inclined
`
`at an angle of 15 degrees or more and 25 degrees or less. Beamer, however, discloses a heat
`
`exchanger wherein the plurality of louvers (56, fig 4) are inclined at an angle of 20 degrees (‘J[
`
`0020). Therefore it would have been obvious to a person of ordinary skill in the art at the time of
`
`the invention for Nishishita, as modified, to have the louvers inclined at 20 degree as taught by
`
`Beamer in order to optimize the heat exchange efficiency of the heat exchanger.
`
`6.
`
`Claims 5 and 14 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable
`
`over Nishishita and Kin as applied to claim 1 above, and further in View of Iwasaki et al.
`
`(Japanese Patent Publication JP2002350077A, "Iwasaki", previously cited).
`
`Regarding Claim 5, the combination of Nishishita and Kin discloses all previous claim
`
`limitations. Nishishita further discloses wherein each of the plurality of plate portions has a rear
`
`

`

`Application/Control Number: 14/232,162
`Art Unit: 3763
`
`Page 12
`
`flat portion located leeward of a rearmost louver that is located on the most leeward side among
`
`the plurality of louvers (see annotated fig 4 below).
`
`F7IG.11
`
`'
`
`30
`
`. i
`
`Quu‘vt“u—u.“uii‘afis\
` W
`
`'
`
`f}
`
`1t
`I
`
`
`
`
`
`i """"3““
`
`k
`
`“
`
`‘w‘xc
`
`“Q4
`
`A
`
`-nu.u
`3 32 7
`2333
`30
`3’
`31
`flx‘ffln‘x “N.N. XXX \\w/2'"Kfi’x’fffifffx 4"“
`.
`-
`--
`-
`mm.- \\\\\\ 3\\\\Wffifwffl:f:::f :3,"
`\\
`"
`\\\\x\\\ \\
`xxx! xxx KKK/KW"
`
`
`33
`
`,\x&x\\“\“\ww\“\\\
`\3
`s
`§
`rearfiat
`§
`:\
`\z
`.................................
`
`However, Nishishita, as modified, does not explicitly disclose wherein the rear flat
`
`portion has a length greater than that of the front flat portion in the first direction. Iwasaki,
`
`however, discloses a heat exchanger (fig 3) wherein the rear flat portion (15m) has a length
`
`greater that the front flat portion (15k). Iwasaki teaches this as an alternative embodiment of
`
`having the front flat portion and rear flat portion of equal length (fig 1). Thus it would have been
`
`obvious to a person of ordinary skill in the art at the time of the invention for Nishishita to have
`
`the rear flat portion of greater length than the front rear passage as taught by Iwasaki as this
`
`

`

`Application/Control Number: 14/232,162
`Art Unit: 3763
`
`Page 13
`
`constitutes as choosing from a finite number of identified, predictable solutions, with a
`
`reasonable expectation of success.
`
`Regarding Claim 14, the combination of Nishishita, Kin, and Iwasaki disclose all
`
`previous claim limitations. Nishishita, as modified, further disclose wherein a distance from the
`
`windward edge of the front flat portion to the foremost louver in the first direction is smaller than
`
`a distance from the leeward edge of the rear flat portion to the rearmost louver in the first
`
`direction (since the rear flat portion is increased such as taught by Iwasaki).
`
`7.
`
`Claim 8 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over
`
`Nishishita and Kin as applied to claim 7 above, and in further View of Hu (US. Patent No.
`
`7,506,683, previously cited).
`
`Regarding Claim 8, the combination of Nishishita and Kin discloses all previous claim
`
`limitations. However, they do not explicitly disclose wherein one or more partition plates are
`
`provided inside each of the pair of headers so as to divide the flat tubes into a plurality of tube
`
`groups between which a flow direction of the refrigerant is alternately reversed, and the
`
`corrugated fin is disposed at least between the flat tubes that constitute an evaporation—upstream
`
`tube group in which the refrigerant flows first in the heating operation among the plurality of
`
`tube groups.
`
`Hu, however, discloses a heat exchanger (fig 1) wherein partition plates (15a, 15b) are
`
`provided inside each of the pair headers (16a, 16b) so as to divide flat tubes (12a, 12b) into a
`
`plurality of tube groups (A, B) between which a flow direction of the refrigerant is alternately
`
`

`

`Application/Control Number: 14/232,162
`Art Unit: 3763
`
`Page 14
`
`reversed, and corrugated fin (14) is disposed at least between the flat tubes that constitute an
`
`evaporation—upstream tube group in which refrigerant would flow first in a heating operation
`
`among the plurality of groups. Hu teaches that this can configuration can increase heat exchanger
`
`efficiency (col 2, lines 60—66).
`
`Therefore, it would have been obvious to a person of ordinary skill in the art at the time
`
`of the invention for Nishishita, as modified, to provide the partitions of Hu in order to increase
`
`the thermal efficiency of the heat exchanger.
`
`8.
`
`Claim 10 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over
`
`Nishishita and Kin as applied to claim 1 above, and further in View of Jiang et al. (US.
`
`Patent Publication No. 2011/0036550, “Jiang”, previously cited).
`
`Regarding Claim 10, the combination of Nishishita and Kin discloses all previous claim
`
`limitations. However, they do not explicitly disclose wherein a louver that is adjacent to the
`
`foremost louver comprises a part that is disposed within the extension portion and a residual part
`
`that is disposed outside the extension portion.
`
`Jiang, however, discloses a heat exchanger wherein a louver that is adjacent to the
`
`foremost louver comprises a part that is disposed within the extension portion (114) and a
`
`residual part that is disposed outside the extension portion (see annotated fig 2 below). It would
`
`have been obvious to a person of ordinary skill in the art at the time of the invention for
`
`Nishishita, as modified, to have a louver adjacent to the foremost louver partly in the extension
`
`portion in order to fit an optimal amount louvers onto the plate portion, thereby optimizing the
`
`airflow through the heat exchanger.
`
`

`

`Application/Control Number: 14/232,162
`mtm
`
`Page 15
`
`\\\\\\\\\\\\\\\\\\\\\\\\\\\
`\
`
`residuai
`
`part
`
`\.\\\\\\\\\\V
`
`“a“
`
`11?;
`
`\ \
`
`\\\\\\\\\\\\\..
`
`1:4
`
`I
`
`,m.
`
`.H.mm
`
`\Wmwt“m3w5r:“H6w03Km7wmVW“.U\3mmono\‘53 “\VVVVVVVV»\
`
`
`
`AR
`
`9.
`
`Claim 15
`
`1s I‘BJBC
`
`ted under pre-AIA 35 U.S.C.
`
`103(a) as be
`
`ing unpa
`
`tentable over
`
`Nishishita and K
`
`in in Vlew 0
`
`f Itoh et al. (US. Patent Appl
`
`lcat
`
`ion N0.
`
`2002/0036080, "Itoh",
`
`prev10us
`
`ly cited).
`
`Regarding Claim
`
`15, the combination of Nishishita and Kin discloses all previous claim
`
`limitations. Nishishita further discloses an outdoor heat exchanger according to claim 1.
`
`However, they do not explicitly disclose a refrigeration circuit comprising: a compressor
`
`that compresses a refrigerant;
`
`
`
`

`

`Application/Control Number: 14/232,162
`Art Unit: 3763
`
`Page 16
`
`an indoor heat exchanger that exchanges heat between the refrigerant and air to be fed
`
`into a vehicle interior;
`
`an expansion mechanism that expands the refrigerant; wherein
`
`the vehicle air conditioner is configured to perform a heating operation and a cooling
`
`operation, and
`
`the outdoor heat exchanger functions as both a condenser that condenses the refrigerant
`
`in the cooling operation and an evaporator that evaporates the refrigerant in the heating
`
`operation.
`
`Itoh, however, discloses a refrigeration circuit (fig 1) comprising: a compressor (110) that
`
`compresses a refrigerant (‘J[ 0033); an indoor heat exchanger (120) that exchanges heat between
`
`the refrigerant and air to be fed into a vehicle interior (‘J[ 0033); an expansion mechanism (161,
`
`162) that expands the refrigerant (‘J[ 0035);
`
`the vehicle air conditioner is configured to perform a heating operation and a cooling
`
`operation (‘JI 0034—0035), and
`
`the outdoor heat exchanger functions as both a condenser that condenses the refrigerant
`
`in the cooling operation and an evaporator that evaporates the refrigerant in the heating operation
`
`(‘11 0034—0035).
`
`Thus it would have been obvious to a person of ordinary skill in the art at the time of the
`
`invention for Nishishita, as modified, to provide the outdoor heat exchanger of Claim 1 in place
`
`of the outdoor of heat exchanger (130) of Itoh in order to increase the thermal efficiency of the
`
`refrigerant circuit of Hu.
`
`

`

`Application/Control Number: 14/232,162
`Art Unit: 3763
`
`Page 17
`
`10.
`
`Applicant's arguments filed 9/16/2019 have been fully considered but they are not
`
`Response to Arguments
`
`persuasive.
`
`a.
`
`Applicant argues (pages 6-10) that Nishishita does not disclose wherein a louver
`
`that is immediately adjacent to the foremost louver comprises a part that is disposed
`
`within the extension portion and a residual part that is disposed outside the extension
`
`portion, as now required by amended claim 1. However, Nishishita is not being relied
`
`upon to teach these limitations, rather newly cited Kin is now being relied upon to teach
`
`these limitations.
`
`Conclusion
`
`11.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to HARRY E ARANT whose telephone number is (571)272—1105.
`
`The examiner can normally be reached on Monday—Friday 10—6 ET.
`
`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, Jianying Atkisson can be reached on (571)270—7740. The fax phone number for the
`
`organization where this application or proceeding is assigned is 571—273—8300.
`
`Information regarding the status of an application may be obtained from the Patent
`
`Application Information Retrieval (PAIR) system. Status information for published applications
`
`

`

`Application/Control Number: 14/232,162
`Art Unit: 3763
`
`Page 18
`
`may be obtained from either Private PAIR or Public PAIR. Status information for unpublished
`
`applications is available through Private PAIR only. For more information about the PAIR
`
`system, see https://ppair—my.uspto.gov/pair/PrivatePair. Should you have questions on access to
`
`the Private PAIR system, contact the Electronic Business Center (EBC) at 866—217—9197 (toll—
`
`free). If you would like assistance from a USPTO Customer Service Representative or access to
`
`the automated information system, call 800—786—9199 (IN USA OR CANADA) or 571—272—
`
`1000.
`
`/HARRY E ARANT/
`
`Examiner, Art Unit 3763
`
`/TRAVIS C RUBY/
`
`Primary Examiner, Art Unit 3763
`
`