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 .
Election/Restrictions
Applicant’s election of Species 1, claims 1-9 in the reply filed on 10/24/2025 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)). It appears that the claims are drawn to two separate and distinct embodiments. Examiner notes at least a first embodiment of claims 1-4 and second embodiment of claims 6-8. It is noted in the event of allowance, the claims drawn to separate and distinct species must be canceled.
Claim Interpretation
Claims 5, 6, and 8 recite “inwards”. Using the broadest reasonable interpretation without given spatial direction in which coupling or alignment is protruding “inwards” can be interpreted as inwards towards the center of the frame part or towards respective other frame parts.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-7 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Han et al. (KR20090109971A).
Regarding claim 1, Han teaches a cartridge assembly comprising:
a plurality of cartridges stacked in an upward and downward direction, wherein each of the plurality of cartridges (Fig. 13.20) includes:
a body part having an upper body 20/21 opened upwards and downwards, and a lower body 16/18 opened upwards and downwards, and coupled to the upper body to define an interior space (Fig. 18-20), in which cells 3l membrane electrode assembly 12 are stacked upwards and downwards (P7; Fig. 1.18), together with the upper body; a cover part having an upper cover, or mea, configured to cover an upper opening formed on an upper side of the upper body (P33-35; Fig. 5), and a lower cover, or cushioning member 22 configured to cover a lower opening formed on a lower side of the lower body (P41.49; Fig. 11-12); and a connection part, or fixation portions (P7.40-70; Fig. 13.19) fixedly coupled to another cartridge disposed on an upper side or a lower side of the cartridge to be adjacent thereto.
Regarding claim 2, Han teaches the connection part includes: an upper boss area having a shape that protrudes upwards from the upper side of the upper body; and a lower boss area having a shape that protrudes downwards from the lower side of the lower body, wherein the upper boss area protrudes from an upper surface of the upper body toward the upper opening, and wherein the lower boss area protrudes from a lower surface of the lower body toward the lower opening, as shown in annotated Fig. 20, below.
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Regarding claim 3, Han teaches the connection part includes: a lower recess area formed at a location of the lower body and the lower cover, which corresponds to a location of the upper boss area, to be recessed, and into which the upper boss area is inserted; and an upper recess area formed at a location of the upper body and the upper cover, which corresponds to a location of the lower boss area, to be recessed, and into which the lower boss area is inserted, as shown in annotated Fig. 20, above.
Regarding claim 4, Han teaches a plurality of upper boss areas and a plurality of upper recess areas are formed, and are alternately arranged along an upper periphery of the upper body, as shown in annotated Fig. 20, above.
Regarding claim 5, Han teaches the upper body 20/21 is disposed on an upper side of the lower body to surround side surfaces of the lower body 16/18, and wherein the body part includes: a coupling recess formed to be recessed downwards from the upper side of the lower body; and a coupling boss member, or I-shaped protrusions protruding inwards from a location of the upper body, which corresponds to the coupling recess, and inserted into the coupling recess (P30-37; Fig. 6b.8b.10b).
Regarding claim 6, Han teaches the body part further includes: an alignment member of at least 21b protruding inwards from the lower body 18/16, and having a shape corresponding to an area, in which the cell is recessed (P36-41; Fig. 6-10).
Regarding claim 7, Han teaches the alignment member includes: a pair of extension parts having a shape extending upwards, and spaced apart from each other; an insertion recess formed between the pair of extension parts; and a first insertion part having a shape corresponding to an insertion recess of an alignment member of another cartridge disposed on the lower side of the cartridge to be inserted into the insertion recess, and protruding downwards from a location corresponding to the insertion recess, as shown in annotated Fig. 20, below.
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Regarding claim 9, Han teaches the body part further includes: a lower fastening member, either 21b or grooves, protruding laterally from the lower body, and having a fastening hole, or center or grooves and concavity passing therethrough upwards and downwards, at a middle portion thereof; and an upper fastening member, or connection member 22 or protruding from the upper body, extending downwards, and configured to be snap-fitted with the fastening hole (P34-49; Fig. 6b.8b.10b.14-15).
Allowable Subject Matter
Claim 8 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: none of the prior art of record, alone, or in combination, appears to teach, suggest, or render obvious the inventions of claim 8, in view of claims 1, 6, and 7.
Claim 8, incorporated with claims 1 and 6-7 recites a second insertion part protruding inwards from the upper side of the upper body, and having a shape corresponding to the insertion recess, wherein the second insertion part is disposed on a lower side of a first insertion part of another cartridge disposed on the upper side of the cartridge, and wherein a length of the insertion recess is larger than a sum of a length of the second insertion part and a length of the first insertion part in the upward and downward direction, wherein the insertion recess is a part of an alignment member that includes a pair of extension parts having a shape extending upwards, and spaced apart from each other; the insertion recess formed between the pair of extension parts; and a first insertion part having a shape corresponding to an insertion recess of an alignment member of another cartridge disposed on the lower side of the cartridge to be inserted into the insertion recess, and protruding downwards from a location corresponding to the insertion recess, and the alignment member protrudes inward from the lower body, and has a shape corresponding to an area, in which the cell is recessed.
In addition to Han, above, the closest prior art includes:
Kawashima et al. (US20080305384) teaches a cartridge assembly comprising:
a plurality of cartridges (Fig. 1) stacked in an upward and downward direction, wherein each of the plurality of cartridges includes
a body part having an upper body opened upwards and downwards, and a lower body opened upwards and downwards, and coupled to the upper body to define an interior space, or first frame body 6A and second frame body 6B in which cells 10 are stacked upwards and downwards, together with the upper body (P83-95.103; Fig. 1-4.14);
a cover part having an upper cover configured to cover an upper opening formed on an upper side of the upper body, and a lower cover configured to cover a lower opening formed on a lower side of the lower body, or anode separator 2 and cathode separator 3 (P84-95; Fig. 1-2);
a connection part, such as general sealing member 9, fixedly coupled to another cartridge disposed on an upper side or a lower side of the cartridge to be adjacent thereto (P99-103; Fig. 11-12). The upper body, interpreted as first frame body 6A is disposed on an upper side of the lower body, or second frame body BA to surround side surfaces of the lower body 6B (P95.104; Fig. 9-14), and wherein the body part includes: a coupling recess 8B formed to be recessed downwards from the upper side of the lower body 6B; and a coupling boss member 8A protruding inwards from a location of the upper body 6A, which corresponds to the coupling recess 8B, and inserted into the coupling recess (P94.111.116-118; Fig. 4-7).
Ganski et al. (US 20030194597) teaches a similar alignment member protruding inwards from the lower body, and having a shape corresponding to an area, in which the cell is recessed (P70-72; Fig. 8).
Morimoto et al. (US 2010/0098989) teaches alignment members with corresponding grooves and areas for insertion (Fig. 10-17)
Jin et al. (US 20180145365) teaches an alignment member with adjustable sizes and engagement parts relative to the cell and adjacent cartridges (P40-60; Fig. 2-7).
However, none of these references teach the alignment parts for adjacent cartridges wherein a length of the insertion recess is larger than a sum of a length of the second insertion part and a length of the first insertion part in the upward and downward direction.
Therefore, the references fail to teach or suggest the particulars of claim 1 including the limitations of claims 6-8 and it’s not obvious to modify these teachings to give the instant claimed invention. Thus, none of the prior art of record, alone or in combination appear to teach, suggest or render obvious the invention of claim 1 including the limitations of claims 6-8.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Amanda Rosenbaum whose telephone number is (571)272-8218. The examiner can normally be reached Monday-Friday 9:00 am-5 pm.
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/Amanda Rosenbaum/ Examiner, Art Unit 1752
/Helen Oi K CONLEY/ Primary Examiner, Art Unit 1752