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 .
Response to Arguments
Applicant's arguments filed 12/24/2025 have been fully considered and are persuasive. Applicant has amended independent Claims 1 and 13, and argues the art of record does not teach or suggest the all limitations of the amended claims.
In the previous action, a secondary reference cited in the rejection of Claims 1 and 13 (Kobayashi, US 20160193570 A1) was relied upon to teach the claimed spacing between the fixing layer(s) and the middle case. Examiner agrees with Applicant’s position that Kobayashi does not teach or suggest the new Claim 1 limitations regarding a surface of each fixing layer only being in contact with its respective packing member. Similarly, Examiner agrees Kobayashi does not teach or suggest the new Claim 13 limitations.
After an updated search and consideration of the amended claims, Kobayashi is no longer relied upon to teach or suggest any aspects of the claimed invention. See updated rejection in view of a new reference (Wollbeck et al., US 4480683 A), which teaches installation and removal of hollow fiber membrane modules, as well as a packing member.
Claim Objections
Claim 13 is objected to because of the following informality: Claim 13 has been amended to recite “…an outer surface of the fixing member is in contact only with the packing member, the surface being shaped…” (see lines 13-14 of the claim). Using the context of Applicant’s arguments and the limitations already presented in Claim 13, Examiner believes “fixing member” is a typographical error for “fixing layer,” and “the surface” is in reference to “the outer surface.” Please correct “fixing member” to “fixing layer” on line 13 and “the surface” to “the outer surface” on line 14 to ensure continuity of the claimed components.
Appropriate correction is required.
Claim Interpretation
Claim 1 comprises the limitations “an outer surface of the first fixing layer” and “an outer surface of the second fixing layer” (see lines 17-19 of the claim). Although “an outer surface” is not an indefinite term, the limitation is broad, and could be interpreted as any of the following:
A surface or combination of surfaces facing or protruding “out” of the humidifier in the vertical/axial direction (i.e., an outer surface of the first fixing layer that faces the first cap, and an outer surface of the second fixing layer that faces the second cap); or
A surface or combination of surfaces facing or protruding “out” of the humidifier in the horizontal/radial direction (i.e., outer surfaces of both fixing layers facing the middle case); or
A sum of all external surfaces of each fixing layer.
The first interpretation of “an outer surface” is relied upon in the rejection using Kim, wherein a portion of Kim’s first and second fixing layers protrude in the “out” direction (i.e., the vertical/axial direction), and the surfaces of each protruding section are identified as “an outer surface”:
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Kim – Annotated by Examiner
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-12 and 18, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al., US 20140291874 A1, and further in view of Wollbeck et al., US 4480683 A.
Regarding Claim 1, Kim discloses a humidifier for a fuel cell (membrane humidifier 10 for a fuel cell [0050-0053, 0064], Figs. 1-12), the humidifier comprising:
a humidification module configured to humidify air supplied from outside using moisture in off-gas discharged from a fuel cell stack (adapted to supply moisture to dried fuel gas or dried operating gas using humidified air discharged from the fuel cell; module comprising a hollow fiber membrane bundle 310 [0051, 0068]); and
first and second caps respectively coupled to opposite ends of the humidification module (cover 120 [0064, 0069], Fig. 1; other side portion of the membrane humidifier is the same as or is similar [0063], thus a second cap is also present, see Examiner’s Annotated Fig. 5), wherein the humidification module comprises:
a middle case (housing outer wall 112 [0064-0066], Figs. 1 and 5); and
at least one cartridge disposed in the middle case (membrane bundle 310 is mounted in the housing [0074-0076]), the cartridge having a first end and a second end opposite to the first end (see Annotated Fig. 5 for “first end” and “second end”) and comprising (i) first and second fixing layers (potting portion 210 [0074-0078] at each end of the module, see Examiner’s Annotated Fig. 5), and
(ii) a plurality of hollow fiber membranes (a plurality of hollow fiber membranes is integrated in the hollow fiber membrane bundle 310 [0074]), each of which has opposite ends respectively potted in the first and second fixing layers (potting portion connects end portions of the hollow fiber membranes
with each other and fills gaps between the hollow fiber membranes [0057, 0075]),
the humidifier further comprises (i) a first packing member interposed between and in contact with the middle case and the first fixing layer (solid-state sealing element 520, 520’, or 520’’ [0088-0099], see Figs. 5-8, Annotated Fig. 5), and (ii) a second packing member interposed between and in contact with the middle case and the second fixing layer (solid-state sealing element 520, 520’, or 520’’ [0088-0099], see Figs. 5-8, Annotated Fig. 5), such that both the first and second caps fluidly communicate with the hollow fiber membranes but not with the middle case ([0075]), and
an outer surface of the first fixing layer is in contact only with the first packing member (see Claim Interpretation for “an outer surface” and Annotated Fig. 1 in Claim 1), and
an outer surface of the second fixing layer is in contact only with the second packing member (see Claim Interpretation for “an outer surface” and Annotated Fig. 1 in Claim 1).
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Kim – Annotated Fig. 5
Regarding the outer surfaces of the first and second fixing layers being “shaped to allow the first and second packing members to be mechanically separated from the humidification module,” a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. In the instant case, Kim’s outer surfaces (identified in Annotated Fig. 1) do not overhang or appear to obstruct movement of the packing members in the axial/vertical direction, and thus appear capable of performing the intended use “to allow the first and second packing members to be mechanically separated from the humidification module.”
Kim does not disclose the limitation “first and second fixing layers spaced apart from the middle case in their entirety” as required by Claim 1. However, this limitation is taught by Wollbeck et al.
Wollbeck teaches a hollow fiber module 8 comprising first and second fixing layers (casting compound beds 9, each end is a “mirror image” and would have a compound bed 9; Col 5, line 36 to Col. 7, line 36; Figs. 1, 3, 4). Wollbeck teaches the first and second fixing layers (compound beds 9) are spaced apart from a case (housing jacket 1) in their entirety by first and second packing members (external gaskets 14 and 15, Col. 5, line 36- Col. 6, line 17). Wollbeck also teaches the first and second packing members are mechanically separated from the housing during the hollow fiber module replacement process (“14 and 15 may be pulled out of the housing ,” Col. 6, lines 7-17).
It would have been obvious before the effective filing date of the claimed invention to have the first and second fixing layers be spaced apart from the middle case of the membrane module, as taught by Wollbeck, in the humidifier of Kim, in order to mechanically separate the membrane cartridge from the humidifier housing and perform a cartridge replacement.
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Wollbeck – Fig. 1 (left) and Fig. 3 (right)
Regarding Claim 2, modified Kim discloses all limitations as set forth above. Modified Kim discloses each of the first and second packing members comprises:
a packing portion having a hole into which the first or second end of the cartridge is inserted (sealing member 520’ is a circular shape with center “hole”, see Annotated Fig. 7), the packing portion being interposed between the middle case and the cartridge (first and third lips 523 and 525 contact the potting portion 210 and housing 110 [0094, 0098]); and
an edge portion surrounding the packing portion (first protruding portion 522 [0092], Fig. 7).
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Kim – Annotated Fig. 7
Regarding Claim 3, modified Kim discloses all limitations as set forth above. Modified Kim discloses the packing portion comprises: a main body (sealing body 521 [0090], Fig. 7); and
a wing portion surrounding the hole and clinging to the first or second end of the cartridge inserted into the hole (wing portion comprising a first lip 523 [0059, 0093-0094]).
Regarding Claim 4, modified Kim discloses all limitations as set forth above. Modified Kim discloses the wing portion is inclined relative to the main body at a predetermined angle such that the packing portion has a first groove between the main body and the wing portion (first lip 523 is extended slantedly to a radial direction [0094], groove between 521 and 523 can be observed in Fig. 7).
Regarding Claim 5, modified Kim discloses all limitations as set forth above. Modified Kim discloses the packing portion has a first surface facing a nearer cap among the first and second caps (surface of sealing body 521 in direction of cover 120, Fig. 7) and a second surface opposite thereto (surface of first protruding portion 522 in direction of potting portion 210 and membrane bundle 310, Fig. 7), and the first groove is formed on the first surface of the packing portion (groove between 521 and 523, Fig. 7).
Regarding Claim 6, modified Kim discloses all limitations as set forth above. Modified Kim discloses the wing portion projects from the main body toward a center of the hole (first lip 523 is extended slantedly to a radial direction [0093-0094], Fig. 7).
Regarding Claim 7, modified Kim discloses all limitations as set forth above. Modified Kim
discloses the wing portion comprises first and second sub-wing portions arranged side by side in a
central axial direction of the hole (second and third lips 524 and 525 [0094-0095], Fig. 7).
Regarding Claim 8, modified Kim discloses all limitations as set forth above. Modified Kim discloses each of the first and second sub-wing portions projects from the main body toward a center of the hole (second and third lips 524 and 525 extend from an interior circumference of the first protruding portion 522 toward the potting portion 210 [0093], Figs. 5 and 7).
Regarding Claim 9, modified Kim discloses all limitations as set forth above. Modified Kim discloses one of the first and second sub-wing portions projects from the main body toward a center of the hole (second lip 524, Fig. 7), and the other of the first and second sub-wing portions is inclined relative to the main body at a predetermined angle (third lip 525, Fig. 7).
Regarding Claim 10, modified Kim discloses all limitations as set forth above. Modified Kim discloses each of the hole and the wing portion has a shape corresponding to a shape of the first or second end of the cartridge inserted into the hole (the first and third lips 523 and 525 resiliently contact with an external circumferential surface of the potting portion 210 [0094], potting portion 210 and membrane bundle 310 present in “hole” of sealing element 520’ in Fig. 5).
Regarding Claim 11, modified Kim discloses all limitations as set forth above. Modified Kim discloses the edge portion has a second groove into which at least a portion of an end of the middle case is inserted (second groove is shown wherein the end portion of the outer wall 112 is disposed between the first protruding portion 522 and the second protruding portion 526 [0097], Figs. 5 and 7).
Regarding Claim 12, modified Kim discloses all limitations as set forth above. Modified Kim
discloses the main body has a first surface facing a nearer cap among the first and second caps (surface
of sealing body 521 in direction of cover 120, Fig. 7) and a second surface opposite thereto (surface of first protruding portion 522 in direction of potting portion 210 and membrane bundle 310, Fig. 7), and
the main body has a third groove formed on at least one of the first and second surfaces of the main body (groove between 522 and 525, Fig. 7).
Regarding Claim 18, modified Kim discloses all limitations as set forth above. Modified Kim discloses the cartridge further comprises an inner case having openings at opposite ends thereof (receiving portion 111 and a through-hole 114 [0067-0068] Fig. 5), the plurality of hollow fiber membranes being disposed in the inner case (hollow fiber membrane bundle 310 is mounted in the receiving portion 111 [0074]), the first and second fixing layers closing the openings of the inner case (potting portion 210 [0075], Fig. 5).
Regarding Claim 19, modified Kim discloses all limitations as set forth above. Modified Kim discloses at least a portion of the first and second fixing layers is located outside the inner case (see Annotated Fig. 5 for potting portion 210 located outside inner case 111/114), and the wing portion is in tight contact with the first or second fixing layer (the first and third lips 523 and 525 resiliently contact with an external circumferential surface of the potting portion 210 [0094]).
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Kim – Annotated Fig. 5
Claims 14 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over modified Kim as applied to Claims 1 and 3 above, and further in view of Kwon et al., US 20160036075 A1.
Regarding Claim 14, modified Kim discloses all limitations as set forth above. Although modified Kim discloses the packing portion comprises two or more wing portions (first and third lips 523 and 525), Kim is silent to disclosing the humidification module comprises two or more cartridges, the packing portion has two or more holes into which the cartridges are inserted, respectively, and the main body comprises a peripheral portion with at least one rib between the holes. However, these limitations are disclosed by Kwon et al.
Kwon discloses a membrane humidifier for a fuel cell 100 ([0050], Fig. 1), wherein the humidification module comprises two or more cartridges (one hollow fiber membrane bundle 106 in each division module 110 [0055], Fig. 1) and the packing portion has two or more holes into which the cartridges are inserted (general disclosure [0051-0055], division modules 110 comprise first division module 111, second division module 112, third division module 113 [0058-0060], Figs. 1-6). Kwon also discloses the main body comprises a peripheral portion with at least one rib between the holes (support stage 120 and joint groove in side housing 101 [0059], Fig. 1).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the current invention to have two or more cartridges in the humidification module, a packing portion with two or more holes to support the cartridges, and a main body with a rib, as disclosed by Kwon, in the humidifier of Kim.
A rationale to support a conclusion that a claim would have been obvious is that all the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination would have yielded nothing more than predictable results to one of ordinary skill in the art. See KSR International Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395 (2007) (see MPEP §§ 2143 and 2143.02).
Regarding Claim 15, modified Kim discloses all limitations as set forth above. Modified Kim discloses the packing member has a first surface facing the cap (surface of sealing body 521 in direction of cover 120, Fig. 7) and a second surface opposite thereto (surface of first protruding portion 522 in direction of potting portion 210 and membrane bundle 310, Fig. 7), the edge portion has a second groove into which at least a portion of an end of the middle case is inserted (second groove is shown wherein the end portion of the outer wall 112 is disposed between the first protruding portion 522 and the second protruding portion 526 [0097], Figs. 5 and 7), the second groove being formed on the second surface (second surface defined as surface of first protruding portion 522 in direction of potting portion 210 and membrane bundle 310, Fig. 7).
Modified Kim is silent to disclosing the rib has a third groove formed on at least one of the first and second surfaces (support stage 120 comprises a joint groove 122). Kwon discloses a first end portion of a division module may be fitted in the joint groove, and as such, the first end portion of the division module 110 including the first, second, and third division modules 111, 112, and 113 may be fixedly fitted to the joint groove of the support stage inside the housing.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the current invention to include a rib with a groove, as disclosed by Kwon, in the humidifier of modified Kim, in order to secure the division module(s) in the humidifier housing.
Claims 16 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over modified Kim as applied to Claim 14 above, and further in view of Ulekleiv et al. US 20140299610 A1.
Regarding Claims 16 and 17, modified Kim discloses all limitations as set forth above. Modified Kim is silent to specifically disclosing each of the packing portion and the edge portion has first hardness of 10 to 100 Shore A. However, modified Kim does disclose the packing member may be made of silicon, acryl rubber, EPDM, or NBR (Kim, solid-state sealing element [0058]), which is consistent with the preference in the instant specification for silicone or rubber (Published Instant Spec at [0086]).
Kim does not disclose each of the first and second packing members further comprises a reinforcement member embedded in the rib of the main body, the reinforcement member having second hardness higher than the first hardness. However, a reinforcement member embedded in a packing member is disclosed by Ulekleiv et al.
Ulekleiv discloses a packing member (boss 1) having a reinforcement member embedded within (imbedded member 2 [0047-0051], Fig. 1). Ulekleiv discloses the reinforcement member may be made of metal (consistent with Published Instant Spec at [0121]). Ulekleiv also discloses the reinforcement member is the interface between the boss and an internally-facing mounting to support other components ([0050-0051]), and the reinforcement member prevents axial movement of the boss [0051].
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the current invention to embed a reinforcement member into a portion of the rib of the main body, as disclosed by Ulekleiv, in the first and second packing members of modified Kim, in order to provide additional strength to each packing member and rib, as well as discourage axial movement.
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Ulekleiv et al. US 20140299610 A1 – Fig. 1
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over modified Kim as applied to Claim 18 above, and further in view of Kanetsuki et al., US 20120304856 A1.
Regarding Claim 20, modified Kim discloses all limitations as set forth above. Although modified Kim discloses the wing portion is in tight contact with the inner case (the first and third lips 523 and 525 resiliently contact with an external circumferential surface of the potting portion 210 [0094]), modified Kim does not disclose each of the first and second fixing layers is located inside the inner case in its entirety. However, Kanetsuki teaches this limitation.
Kanetsuki teaches a hollow fiber membrane bundle (bundle 15) secured in an inner case (cylindrical vessel 10) by an epoxy resin (epoxy resin/tube sheet 38 [0154-0155, 0224-0226], Figs. 8A/B). Kanetsuki discloses the epoxy resin expands sealing the cylindrical vessel ([0228]), and also teaches the membrane bundle is easily separable from the caps during replacement ([0302-0303, 0334-0335]). Kanetsuki also discloses a packing portion is in tight contact with the inner case (annular sealing member(s) to be disposed between the inner surface of the cap and the outer surface of the cylindrical vessel, or between the inner surface of the cap and the end face of the cylindrical vessel [0229]).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the current invention to have Kim’s first and second fixing layers located inside the inner case in their entirety, as disclosed by Kanetsuki, in the humidifier of modified Kim, in order to contain the expansion of the potting material and facilitate easy removal of the membrane bundle.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Kim et al., US 20140291874 A1, and further in view of Ulekleiv et al. US 20140299610 A1 and Wollbeck et al., US 4480683 A.
Regarding Claim 13, Kim discloses a humidifier for a fuel cell (humidifier for a fuel cell [0050-0053], membrane humidifier 10 [0064], embodiments shown in Figs. 1-12), the humidifier comprising:
a humidification module configured to humidify air supplied from outside using moisture in off-gas discharged from a fuel cell stack (adapted to supply moisture to dried fuel gas or dried operating gas using humidified air discharged from the fuel cell; module comprising a hollow fiber membrane bundle 310 [0051, 0068]); and
a cap coupled to an end of the humidification module (cover 120 [0064, 0069], Fig. 1), wherein the humidification module comprises:
a middle case (housing outer wall 112 [0064-0066], Figs. 1 and 5); and
at least one cartridge disposed in the middle case (membrane bundle 310 is mounted in the housing [0074-0076]), the cartridge comprising a fixing layer spaced apart from the middle case (potting portion 210 [0074-0078]) and a plurality of hollow fiber membranes each of which has an end potted in the fixing layer (potting portion connects end portions of the hollow fiber membranes with each other and fills gaps between the hollow fiber membranes [0057, 0075]),
wherein the humidifier further comprises a packing member (solid-state sealing element 520, 520’, or 520’’ [0088-0099], Figs. 5-8) airtightly coupled to one end of the humidification module through a mechanical assembly method (sealing body 521 is mounted between the end of the outer wall 112 and the connecting portion 123 of the cover 120 [0091]; “mounted” meeting the limitation of mechanical assembly method), such that the cap fluidly communicates with the hollow fiber membranes but not with the middle case ([0075]),
wherein the packing member comprises:
a packing portion having a hole into which an end of the cartridge is inserted (sealing member 520’ is a circular shape with center “hole,” see Annotated Fig. 7 in Claim 2), the packing portion being interposed between and in contact with the middle case and the fixing layer (first and third lips 523 and 525 contact the potting portion 210 and first protruding portion 522 contacts the housing 112 [0094, 0098]); and
an edge portion surrounding the packing portion (first protruding portion 522 [0092], Fig. 7).
wherein the packing portion comprises:
a main body (sealing body 521 [0090], Fig. 7); and
a wing portion surrounding the hole and clinging to the end of the cartridge inserted into the hole (wing portion comprising a first lip 523 [0059, 0093-0094]).
Regarding the limitation “through a mechanical assembly method,” Kim teaches the recited structure. The determination of patentability is based upon the apparatus or structure itself. The patentability of a product or apparatus does not depend on its method of production or formation. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process. See In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985) [MPEP § 2113].
Kim is silent to specifically disclosing “each of the packing portion and the edge portion has first hardness of 10 to 100 Shore A.” However, Kim does disclose the packing member may be made of silicon, acryl rubber, EPDM, or NBR (solid-state sealing element [0058]), which is consistent with the preference in the instant specification for silicone or rubber (Published Instant Spec at [0086]). Kim does not disclose the packing member further comprises “a reinforcement member embedded in at least a portion of the main body, the reinforcement member having second hardness higher than the first hardness.” However, this limitation is taught by Ulekleiv et al.
Ulekleiv discloses a packing member (boss 1) having a reinforcement member embedded within (imbedded member 2 [0047-0051], Fig. 1). Ulekleiv discloses the reinforcement member may be made of metal (consistent with Published Instant Spec at [0121]). Ulekleiv also discloses the reinforcement member is the interface between the boss and an internally-facing mounting to support other components ([0050-0051]), and the reinforcement member prevents axial movement of the boss [0051].
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the current invention to embed a reinforcement member into at least a portion of the main body, as disclosed by Ulekleiv, in the packing member of Kim, in order to provide additional strength to the packing member and prevent axial movement.
Modified Kim does not disclose the fixing layer (Kim, 210) is “spaced apart from the middle case in its entirety,” and also does not disclose “an outer surface of the fixing layer is in contact only with the packing member, the outer surface being shaped to allow the packing member to be mechanically separated from the humidification module.” However, these limitations are taught by Wollbeck et al.
Wollbeck teaches a hollow fiber module 8 comprising a fixing layer (casting compound bed 9) spaced apart from a middle case (intermediate ring 12) in its entirety by a packing member (internal gaskets 10/11, Col. 5, line 36- Col. 7, line 36; Figs. 1, 3, 4). Wollbeck also teaches an outer surface of the fixing layer (9) is in contact only with the packing member (10/11, see Annotated Fig. 3). Wollbeck teaches the packing member (10/11) can be mechanically separated from the humidification module during replacement of the hollow fiber module (gaskets 10 and 11 may be pulled out of the housing, Col. 6, lines 7-17).
It would have been obvious before the effective filing date of the claimed invention to have the fixing layer be spaced apart from the middle case in its entirety, with an outer surface of the fixing layer only in contact with the packing member, as taught by Wollbeck, in the humidifier of modified Kim, in order to mechanically separate the membrane cartridge from the humidifier housing and perform a cartridge replacement.
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Wollbeck – Annotated Fig. 3
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BETHANY C GARCIA whose telephone number is (571)272-2475. The examiner can normally be reached Mon-Fri, 0800 - 1730 MT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Allison Bourke can be reached at 303-297-4684. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BETHANY C GARCIA/Examiner, Art Unit 1721
/ALLISON BOURKE/Supervisory Patent Examiner, Art Unit 1721