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 .
Claim Objections
Claim 15 is objected to because of the following informalities:
Claim 15 recites “area remains free at at least one margin region”, where the limitation should be amened for grammar/clarity for reciting “at” twice.
Appropriate correction is required.
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 –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 9-14 and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mullen et al. US 2018/0363929 (hereafter Mullen)
Regarding claim 9, Mullen teaches a humidifier (Fig) for humidifying (¶9-16) a first fluid (TO 15” in Fig 2) via a second fluid (“TO 12D” in Fig 2), comprising:
a plurality of membranes (12A, 12B) arranged following one another in a stacking direction (vertical direction);
a plurality of spacers including a plurality of first spacers (14) and a plurality of second spacers (12C) arranged alternately between the plurality of membranes in the stacking direction, the plurality of spacers spacing the plurality of membranes apart with respect to one another (as shown in Fig 2E);
wherein a first height of the plurality of first spacers extending in the stacking direction is smaller than a second height of the plurality of second spacers extending in the stacking direction (¶92);
wherein a ratio of the second height to the first height is at least 1.2 (¶94, 1.2 to 1.35); and
wherein the plurality of membranes (12A, 12B) at least partially define a plurality of through-flow spaces (spaces between 12A on top and 12B on bottom and spaces between 12A on bottom and 12A on top); and
wherein each space of the plurality of through-flow spaces is disposed between a respective pair of adjacent membranes of the plurality of membranes and is substantially occupied (where the spacer extend from the bottom to the top of each their respective through-flow spaces; where the spacers extend from one side to the other side of a respective through-flow spaces perpendicular to the fluid flow direction; where the spacers extend from one end to the other end of a respective through-flow spaces parallel to the fluid flow direction) by a respective spacer (spacers 12C between 12A on top and 12B on bottom; spacers 14 between 12A on bottom and 12A on top) of the plurality of spacers.
Regarding claim 10, Mullen teaches all the limitations of claim 9. Mullen further teaches wherein a first flow path (path comprising 15) of the first fluid (“TO 12D” in Fig 2) extends between a plurality of first sides (top side of 12A, bottom side of 12B) of the plurality of membranes which are disposed spaced apart from one another via the plurality of first spacers (14) and face one another (as shown in Figs 2, 2E); and a second flow path (path comprising 12D) of the second fluid (“TO 15” in Fig 2) extends, separate from the first flow path, between a plurality of second sides (bottom side of 12A, top side of 12B) of the plurality of membranes which are spaced apart from one another via the second spacers and face one another.
Regarding claim 11, Mullen teaches all the limitations of claim 10. Mullen further teaches wherein the first flow path and the second flow path extend relative to one another transversely through the humidifier (as shown in Figs 2, 2E).
Regarding claim 12, Mullen teaches all the limitations of claim 9. Mullen further teaches wherein the ratio of the second height to the first height is from 1.2 to 3.0 (¶94, 1.2 to 1.35).
Regarding claim 13, Mullen teaches all the limitations of claim 10. Mullen further teaches at least one first spacer of the plurality of first spacers lies on at least one of the plurality of first sides; and/or at least one second spacer of the plurality of second spacers lies on at least one of the plurality of second sides (as shown in Figs 2, 2E).
Regarding claim 14, Mullen teaches all the limitations of claim 9. Mullen further teaches wherein at least one of the plurality of spacers (12C) is structured as a single piece (as shown in Fig 2B).
Regarding claim 18, Mullen teaches all the limitations of claim 10. Mullen further teaches wherein the plurality of first spacers and/or the plurality of second spacers are open cell spacers (as shown in Figs 2 where the cells of each spacer is open) such that i) the first fluid is flowable through the plurality of first spacers (space 15) and/or ii) the second fluid is flowable through the plurality of second spacers (space 12D).
Claims 15-17 and 29-30 are rejected under 35 U.S.C. 103 as being unpatentable over Mullen as applied to claim 9 above, and further in view of Van Baak et al. US 2017/0001146 (hereafter Baak)
Regarding claims 15-17, Mullen teaches all the limitations of claim 9. Mullen further teaches where adhesive may be used (¶119).
Mullen does not teach
at least one spacer of the plurality of spacers extends transversely to the stacking direction over a partial portion of an adjacent membrane of the plurality of membranes such that transversely to the stacking direction a partial area remains free at at least one margin region of a side of the adjacent membrane;
an adhesive strip is arranged at the at least one margin region of the adjacent membrane, the adhesive strip extending along the at least one margin region and connecting the adjacent membrane to a membrane of the plurality of membranes that follows the adjacent membrane in the stacking direction;
wherein the adhesive strip fluidically seals the at least one spacer toward an exterior along an extent;
wherein the adhesive strip extends adjacent to the at least one spacer and has a strip height corresponding to a height of the at least one spacer.
Baak teaches a crossflow membrane stack (abstract, Fig 4) comprising
an adhesive strip (3) is arranged at the at least one margin region of the adjacent membrane (1, 2), the adhesive strip extending along the at least one margin region and connecting the adjacent membrane to a membrane of the plurality of membranes that follows the adjacent membrane in the stacking direction (¶22-23);
wherein the adhesive strip fluidically seals the at least one spacer toward an exterior along an extent (¶22-23).
Baak teaches where the adhesive strip permanently secures the opposite edges of the membranes (¶22).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the adhesive (¶119) of Mullen by incorporating the adhesive strips (3) at the edges of the membranes of Baak in order to permanently secure the opposite edges of the membranes (¶22).
The modification would have resulted in
at least one spacer of the plurality of spacers extends transversely to the stacking direction over a partial portion of an adjacent membrane of the plurality of membranes such that transversely to the stacking direction a partial area remains free at at least one margin region of a side of the adjacent membrane;
wherein the adhesive strip extends adjacent to the at least one spacer and has a strip height corresponding to a height of the at least one spacer,
where the adhesive strips of Baak would be at the opposite edges of the spaces and the spacers would be sandwiched between adhesive strips.
Regarding claim 29, Mullen teaches all the limitations of claim 9. Mullen further teaches where adhesive may be used (¶119).
Mullen does not teach a plurality of adhesive strips connecting the plurality of membranes, wherein each space of the plurality of through-flow spaces is defined by and between the respective pair of adjacent membranes and a respective subset of the plurality of adhesive strips that connect the respective pair of adjacent membranes together.
Baak teaches a crossflow membrane stack (abstract, Fig 4) comprising a plurality of adhesive strips (3) connecting the plurality of membranes (1, 2), wherein each space of the plurality of through-flow spaces is defined by and between the respective pair of adjacent membranes and a respective subset of the plurality of adhesive strips that connect the respective pair of adjacent membranes together (¶22-23). Baak teaches where the adhesive strip permanently secures the opposite edges of the membranes (¶22).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the adhesive (¶119) of Mullen by incorporating the adhesive strips (3) at the edges of the membranes of Baak in order to permanently secure the opposite edges of the membranes (¶22).
Regarding claim 30, Mullen teaches all the limitations of claim 9. Mullen further teaches where adhesive may be used (¶119) and wherein each membrane of the plurality of membranes includes a main central region (region between edges), and each spacer of the plurality of spacers spans the main central region of a first adjacent membrane of the plurality of membranes and the main central region of a second adjacent membrane of the plurality of membranes (as shown in Figs 2).
Mullen does not teach wherein: each membrane of the plurality of membranes includes a main central region, a first margin region bordering a first side of the main central region, and a second margin region bordering an opposite second side of the main central region; and each spacer of the plurality of spacers spans the main central region of a first adjacent membrane of the plurality of membranes and the main central region of a second adjacent membrane of the plurality of membranes.
Baak teaches a crossflow membrane stack (abstract, Fig 4) comprising a plurality of adhesive strips (3) wherein: each membrane of the plurality of membranes includes a main central region (region between adhesive strips), a first margin region (region of adhesive strips) bordering a first side of the main central region, and a second margin region (region of adhesive strips opposite first side) bordering an opposite second side of the main central region. Baak teaches where the adhesive strip permanently secures the opposite edges of the membranes (¶22).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the adhesive (¶119) of Mullen by incorporating the adhesive strips (3) at the edges of the membranes of Baak in order to permanently secure the opposite edges of the membranes (¶22).
The modification would have resulted in each membrane of the plurality of membranes includes a main central region, a first margin region bordering a first side of the main central region, and a second margin region bordering an opposite second side of the main central region; and each spacer of the plurality of spacers spans the main central region of a first adjacent membrane of the plurality of membranes and the main central region of a second adjacent membrane of the plurality of membranes, where the adhesive strips of Baak would be at the opposite edges of the spaces and the spacers would be sandwiched between adhesive strips.
Claims 32-33 are rejected under 35 U.S.C. 103 as being unpatentable over Mullen as applied to claim 9 above, and further in view of Fasold US 2015/0380749 (hereafter Fasold)
Regarding claim 32, Mullen teaches all the limitations of claim 9.
Mullen does not teach wherein at least one spacer of the plurality of spacers is a grid structure including a plurality of grid members extending transversely to the stacking direction.
Fasold teaches a membrane (Figs 1-2) wherein at least one spacer of the plurality of spacers is a grid structure including a plurality of grid members extending transversely to the stacking direction in order to guide the flow (¶16).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify at least one of the spacers (14, 12C) of Mullen by incorporating the grid structured spacer (¶16) of Fasold in order to guide the flow (¶16).
Regarding claim 33, Mullen teaches all the limitations of claim 9.
Mullen does not teach wherein the plurality of grid members includes a first subset of grid members and a second subset of grid members that extend transversely relative to one another.
Fasold teaches a membrane (Figs 1-2) wherein the plurality of grid members includes a first subset of grid members and a second subset of grid members that extend transversely relative to one another (¶16).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the spacers (14, 12C) of Mullen by incorporating the grid structured spacer (¶16) of Fasold in order to guide the flow (¶16).
The modification would have resulted in wherein the plurality of grid members includes a first subset of grid members and a second subset of grid members that extend transversely relative to one another.
Allowable Subject Matter
Claim 31 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.
Regarding claim 31, the closest prior art is Mullen US 2018/0363929 and Guzda US 2015/0221963. Mullen teaches a humidifier comprising a plurality of membranes and a plurality of spacers. Guzda teaches a membrane humidifier comprising a plurality of spacers and an adhesive strip abutting the spacers. The prior art does not teach the invention of claim 31 including the spacers and adhesive strips spaced apart.
Response to Arguments
The following is a response to Applicant’s arguments filed 31 Dec. 2025:
Applicant argues that the spacers of Mullen does not teach wherein each spacer does not substantially occupy each space.
Examiner disagrees. As shown in Figs 2, the spacers 14 and 12C occupy substantially all of the space, where the spacers span the entire length, width, and height of each space.
Applicant argues that no motivation was provided to modify Mullen with Baak.
Examiner agrees. Claims 15-17 are now rejected with a proper motivation and explanation.
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 STEPHEN HOBSON whose telephone number is (571)272-9914. The examiner can normally be reached 9am-5pm.
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, Jennifer Dieterle can be reached at 571-270-7872. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/STEPHEN HOBSON/Examiner, Art Unit 1776
