`“x
`‘\\f
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMIVIISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria1 Virginia 22313-1450
`www.uspto.gov
`
`
`
`
`
`15/450,600
`
`03/06/2017
`
`KENTARO KURODA
`
`PIPMB-57310
`
`6976
`
`pEARNE&GORDON LLP m
`1801 EAST 9TH STREET
`ALL MOHAMMAD M
`SUITE 1200
`
`3744
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`01/30/2018
`
`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):
`
`patdocket @ pearne.c0m
`
`PTOL—90A (Rev. 04/07)
`
`

`

`
`
`Applicant(s)
`Application No.
` 15/450,600 KU RODA ET AL.
`
`
`AIA (First Inventor to File)
`Art Unit
`Examiner
`Office Action Summary
`
`
`MOHAMMAD M. ALI $2213 3744
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS FROM THE MAILING DATE OF
`THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR1. 136( a).
`after SIX () MONTHS from the mailing date of this communication.
`If 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).
`
`In no event, however, may a reply be timely filed
`
`Status
`
`1)IZI Responsive to communication(s) filed on 03/06/2017.
`El A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2b)|ZI This action is non-final.
`2a)|:l This action is FINAL.
`3)|:I 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 Exparte Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`
`5)IZI Claim(s) L6is/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`
`is/are allowed.
`6)|:I Claim(s)
`7)|Z| Claim(s)_1-6is/are rejected.
`8)|:I Claim(s)_ is/are objected to.
`
`
`are subject to restriction and/or election requirement.
`9)|:I 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
`hit
`:/'I’www.usoto. ovI’ atentS/init events/
`
`
`
`iindex.‘s or send an inquiry to PPI-iieedback{®usgto.00v.
`
`Application Papers
`
`10)I:l The specification is objected to by the Examiner.
`11)IXI The drawing(s) filed on 03/06/2017is/are: a)IXI accepted or b)|:l 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)IXI Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`
`a)IZl All
`
`b)|:l Some” c)I:l None of the:
`
`1.IXI Certified copies of the priority documents have been received.
`2.|:l 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)
`
`
`
`3) D Interview Summary (PTO-413)
`1) E Notice of References Cited (PTO-892)
`Paper No(s)/Mai| Date.
`.
`.
`4) I:I Other'
`2) E InformatIon DIsclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mai| Date
`US. Patent and Trademark Office
`PTOL—326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20180122
`
`

`

`Application/Control Number: 15/450,600
`
`Page 2
`
`Art Unit: 3744
`
`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 § 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 —
`
`Claims 1-2 and 5-6 are rejected under 35 U.S.C. 102(b) as being anticipated by
`
`Kadle et al hereinafter referred to as Kadle (US 2012/0216562).
`
`Regarding claim 1, Kadle discloses a heat exchange device (102, Fig. 2) comprising a
`
`plate stack unit configured by a plurality of plates (120, Fig. 3) which are continuously
`
`stacked, wherein the plate stack unit has: a condenser unit (104, Fig. 3) configured such
`
`that a passage (with inlet 130) for allowing a high pressure refrigerant to flow, and a
`
`passage for a heat medium for absorbing heat from the high pressure refrigerant are
`
`stacked between first set of plates among the plurality of plates; an evaporator unit
`
`(106) configured such that a passage for allowing a low pressure refrigerant to flow, and
`
`a passage for a heat medium for applying heat to the low pressure refrigerant are
`
`stacked between second set of plates among the plurality of plates; and an internal
`
`heat exchange unit (Please see internal heat exchanger portion in Para [0026] but not
`
`shown in Fig.; the internal heat exchanger unit is hereinafter referred to as IHEU)
`
`configured such that a passage (with inlet 130) for allowing the high
`
`pressure refrigerant to flow, and a passage (122, Fig. 3) for allowing the low pressure
`
`refrigerant to flow are stacked between third set of plates (with accumulator portion 108,
`
`Fig. 3) among the plurality of plates (120).
`
`

`

`Application/Control Number: 15/450,600
`
`Page 3
`
`Art Unit: 3744
`
`Regarding claim 2, Kadle discloses that the heat exchange device (102) according to
`
`claim 1, wherein the condenser unit (104), the internal heat exchange unit (IHEU), and
`
`the evaporator unit (106) are arrayed in order of the condenser unit (104), the internal
`
`heat exchange unit (IHEU), and the evaporator unit (106).
`
`Regarding claim 5, Kadle discloses that the heat exchange device according to claim 1,
`
`wherein the heat medium is any of a coolant (see the cold side coolant loop 14 and hot
`
`side coolant loop 16 with coolant), oil (162 as shown in Fig. 6), and air.
`
`Regarding claim 6, Kadle discloses that the heat exchange device (102, Fig. 2)
`
`according to claim 1, wherein the plurality of plates (120, Fig. 3) are identical in size and
`
`in outer shape (see Figs 2, 3 5 and 6).
`
`Claim Rejections - 35 USC § 103
`
`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.
`
`

`

`Application/Control Number: 15/450,600
`
`Page 4
`
`Art Unit: 3744
`
`The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148
`
`USPQ 459 (1966), that are applied 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.
`
`Claims 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over Kadle in
`
`view of Nokata et al hereinafter referred to as Nokata (US 5,651,263).
`
`Regarding claim 3, Kadle discloses that the heat exchange device (102) according to
`
`claim 1, further comprising a liquid tank unit (with accumulator portion 108) provided
`
`with a space leading to an outlet (122) of the high pressure
`
`refrigerant of the condenser unit, between fourth set of plates among the
`
`plurality of plates or through the fourth set of plates among the plurality of
`
`plates.
`
`Regarding claim 3, Kadle discloses the invention substantially as claimed as stated
`
`above except a liquid tank (liquid receiver tank).
`
`Liquid tank is well known in the art.
`
`

`

`Application/Control Number: 15/450,600
`
`Page 5
`
`Art Unit: 3744
`
`However, Nokata teaches the use of liquid tank (5 as shown in Fig. 1) for the purpose
`
`holding liquid refrigerant condensed from condenser/outdoor heat exchanger (7) for
`
`efficiently controlling heat.
`
`Therefore, it would have been obvious to one having ordinary skill in the art at the item
`
`the invention was made to modify the heat exchanger of Kadle in view of Nokata such
`
`that a liquid tank could be provided in order to exchanging heat in efficient way.
`
`Regarding claim 4, Nokata discloses that the heat exchange device (Fig. 1) according
`
`to claim 3, wherein the condenser unit (7), the liquid tank unit (5), the internal heat
`
`exchange unit (IHEU as disclosed by Kadle in mentioned in claim 1 above), and the
`
`evaporator unit (3) are arrayed in order of the condenser unit (7), the liquid tank unit (5),
`
`the internal heat exchange unit (IHEU), and the evaporator unit (3).
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to MOHAMMAD M. ALl whose telephone number is
`
`(571 )272—4806. The examiner can normally be reached on Monday through Thursday
`
`from 8.30 am to 12 Noon and from 1 pm to 5.30 pm and on Friday from 6 am to 11.30
`
`am and from 2.30 pm to 5 pm.
`
`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
`
`(AlR) at http://www.uspto.gov/interviewpractice.
`
`