throbber
Aug.26.20l9
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`6:49PM
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`HSML,
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`PC
`
`No.5635
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`P.
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`l
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Inventorship: MATSUMOTO
`
`Examiner:
`
`ARANT
`
`Serial No.:
`
`14/232162
`
`Group Art Unit:
`
`3763
`
`Filed:
`
`Title:
`
`Ianuary 10, 2014
`
`Docket No.:
`
`14434.0537USWO
`
`OUTDOOR HEAT EXCHANGER, AND AIR. CONDITIONING DEVICE
`FOR VEHICLE
`
`INTERVIEW AGENDA — FOR DISCUSSION PURPOSES ONLY
`
`BY FAX 571.273.1105 '
`
`4 pages
`
`Examiner Arant,
`
`We provide the following comments to assist your preparation for the telephone
`
`interview scheduled on July 27, 2019 at 10:30 EDT. We will call you at 571.272.1105.
`
`With respect to the rejection for indefiniteness due to “the plurality of louvers ... being
`
`substantially continuous with each other in the first direction" in claim 1, paragraph [0078] of the
`
`published specification US2014/0137592 provides guidance for the intended meaning.
`
`The anticipation and obviousness rejections rely on US 6,2711 84 (Nishisbita) as the
`
`primary reference. The anticipation rejection relies on the depiction in Fig. 4 of Nishishita for
`
`the features concerning the louver structures with extension potions required by claim 1.
`
`Applicant submits that the reference does not provide the teaching necessary to support the
`
`rejection.
`
`Nishishita is focused on a structure for a parallel integrated heat exchanger having a
`
`plurality cflieat exchangers next to each other in the airflow direction, and in particular seeks to
`
`solve issues concerning heat transfer between the heat exchangers. As seen in Figs. 4 and 6—10,
`
`Nishishita is concerned with the relationship between the tubes for the radiator and the condenser
`
`and the arrangement of groups oflouvers.
`
`Nisbishita teaches at column 2, lines 13 to 17 that the performanceuimproving louvers are
`
`formed in the areas between the tubes of the individual heat exchangers to promote the exchange
`
`of heat through enhanced exposure to the passing air and may be constituted as a single group or
`
`1
`
`PAGE 1” ”“ RCVD AT 81269010 7:50:06 PM [Eastern Dayllght Tlme] ”“ SVR:W-PTOFAX-001l4 ”“ DNIS:2T31105 ”“ CSID:6124553801 ”“ ANI:6123302504 ’“ DURATION (mm-ss):01-2T
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`

`

`Aug.26.20l9
`
`6:50PM
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`HSML,
`
`PC
`
`No.5635
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`P.
`
`2
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`a plurality of groups of continuous louvers. In describing the embodiment of Fig. 4, column 7,
`
`lines 7 to 21 teach that the second louver group 32 includes both performance-improving louvers
`
`32a that extend between the tubes 7 of the radiator 9, and heat transfer prevention louvers 32b
`
`located between the tubes 3 of the condenser 5 and the tubes 7 of the radiator 9 relative to the
`
`airflow direction. In the first louver group 31, all the louvers are positioned between the tubes 3
`
`of the condenser 5 and are performance—improving louvers 3 l a. Column 7, lines 54—57 further
`
`explain that because the performance-improving louvers 3 la and 3 lb are formed between the
`
`tubes of the individual heat exchangers, the fluid flowing through the tubes undergoes heat
`
`exchange with the air passing between the fins with a high degree of efficiency. Column 7, lines
`
`64457 emphasize that the heat transfer prevention louvers 32b are positioned at the space
`
`between the tubes 3 of the condenser 5 and the tubes 7 of the radiator 9.
`
`It can be seen that Nishishita’s written teachings distinguish carefully between areas
`
`within the boundary of a tubes and areas outside the boundary of the tubes. Nishishita teaches in
`
`this regard that all the Iouvers in the windward louver group 31 are perfonnance—improving and
`
`formed in the areas between the tubes. Nishishita does not discuss any relationship between the
`
`windward boundary of the tube and the foremost of the louvers 31, does not specifically identify
`
`a front flat extension portion, much less provide any information concerning its dimensions or
`
`indicate that that there is a louver in the extension portion, and does not provide any examples
`
`with specific dimensions for any of the aspects of its louver structure. Thus, Nishishita does not
`
`describe that its structure meets the requirements of “a foremost louver that is located on the
`
`most windward side anmng the plurality of louvers is disposed entirely within the extension
`
`portion”, “the hunt flat portion has an area larger than half of that of the extension portion”, “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” as recited in claim I.
`
`The rejection contends that Nishishita’s Fig. 4 inherently possesses these features of
`
`claim 1, and provides an annotated versiOn of the figure. However, it is well—Settled that patent
`
`drawings generally are not to scale, and it is inappropriate to draw conclusions about specific
`
`proportions from the drawings themselves in the absence of a supporting description in the
`
`written teachings. See MPEP 2125 . Given the care with which Nishishita captains the
`
`difference between the areas corresponding to tubes and areas not corresponding to tubes, a
`
`PAGE 2M ”“ RCVD AT 81269010 7:50:00 PM [Eastern Dayllght Tlme] ”“ SVR:W-PTOFAX-001l4 ”“ DNIS:2T31105 ”“ CSID:6124553801 ”“ ANI:6123302504 ’“ DURATION (mm-ss):01-2T
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`

`

`Aug.26.20i9
`
`6:50PM
`
`HSML,
`
`PC
`
`No.5635
`
`P.
`
`3
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`description concerning the relationship betWeen the windward end of the tubes and the foremost
`
`louver clearly would have been provided if that relationship were considered significant. Since
`
`Nishishita is completely silent about features relating to the fi‘ont flat portion, FIG. 4 alone
`
`cannot be considered to disclose the specific requirement of “the front flat portion has an area
`
`larger than half of that of the extension portion” in claim 1. Likewise, Nishishita is completely
`
`silent about the relationship between the leeward end of the foremost lower and the end position
`
`of the joining region in the first direction, and Fig. 4 also cannot be considered to disclose the
`
`specific requirement of “a leeward end of the foremost louver is located windward of the end
`
`position of the joining region in the first direction" in claim 1.
`
`Further, as discussed above, Nishishita is concerned with structures integrating multiple
`
`heat exchangers. Thus, Nishishita provides performance—improving louvers between the tubes of
`
`the individual heat exchangers, and heat transfer prevention louvers formed continuously along
`
`an area Spanning a distance between the tubes of adjacent heat exchangers. The heat transfer
`
`prevention louvers reduce the thermal effects of the adjacent heat exchangers on each other (see
`
`column 2, lines 45 to 51). In particular, Nishishita seeks reduce the transfer from the radiator to
`
`the condenser during a cooling operation.
`
`In contrast, as discussed in paragraphs [0011] and [0061] of the published application, the
`
`configuration of claim 1 reduces heat transfer from the windward end of the plate, which
`
`suppresses excessive frost formation on the windward end of the fin. This helps to maintain heat
`
`exchange capability during the heating operation for an outdoor heat exchanger. As a. result, if
`
`the configuration of “a leeward end of the foremost louVer is located windward of the end
`
`position of the joining region in the first direction” of claim 1 were applied to the Nishishita heat
`
`exchanger, the performance of the condenser would be expected to drop, which is contrary to the
`
`purposes ofNishishita.
`
`Therefore, Applicant believes that Nishishita does not disclose or suggest the iflVention of
`
`claim 1.
`
`The rejection of claim 10 relies on US 2011/0036550 (Jtang) to supplement Nishishita for
`
`the claim 10’s requirement of “the 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”. Specifically, the rejection relies on Fig. 2 of Jtang. HoweVer, Applicant
`
`PAGE 3” ”“ RCVD AT 81269019 7:50:06 PM [Eastern Dayllght Tlme] ”“ SVR:W-PTOFAX-001I4 ”“ DNIS:2T31105 ”“ CSID:6124553801 ”“ ANI:6123302504 ’“ DURATION (mm-ss):01-2T
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`

`

`013052019
`
`6:50PM
`
`HSML,
`
`PC
`
`No.5635
`
`P.
`
`4
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`helieVes that the louver adjacent to the foremost louver is entirely in the extension portion, as
`
`seen in the annotated version of Fig. 2 below.
`
`
`
`Fig? '
`
`Therefore, Applicant belieVes that Nishishita and Jiang do not suggest the invention of
`claim 10.
`
`I hope these cumin-rents are helpful. Please contact rne if there was any problem in the
`
`tranamissmn of this paper.
`
`Sincerely,
`
`ldpmueller/
`
`Douglas P. Mueller
`Reg. No. 30,300
`
`DPM
`
`PAGE 4” ”“ RCVD AT 81209010 7:50:00 PM [Eastern Dayllght Tlme] ”“ SVR:W-PTOFAX-001l4 ”“ DNIS:2T31105 ”“ CSID:0124553801 ”“ ANI:0123302504 ’“ DURATION (mm-ss):01-2T
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`

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