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 Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 10 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 10 recites the limitation "the exhaust gas duct (48) or directly into the environment (24)" in line 4. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
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 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 1 and 4-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gilbert (US 2003/0170506 A1).
Regarding claims 1 and 6, Gilbert discloses an apparatus comprising: a fuel cell 14 with an anode 16, cathode 18, membrane 20 between anode and cathode (paragraph 26), cathode inlet 34, cathode outlet 36, anode inlet 30, and anode outlet 32 (paragraph 28). Gilbert discloses that water is collected in a buffer storage means 68 from both the anode and cathode (paragraph 4) where it is used to humidify both the materials presents in the anode inlet and cathode inlet (paragraph 10) via a humidification connection 116 (paragraph 38) by adding water to the oxidant line 148 (paragraph 43).
Regarding claims 4, 5, 7, and 8, Gilbert discloses a control unit 54 configured to connect a dosing unit upstream of humidification connection 116 with the oxidant line 148 and determine and discharge atomized water in a dosed and pressurized manner (paragraph 46).
Regarding claim 9, Gilbert discloses that the apparatus is capable of increasing pressure across the system to conduct water into the humidification connection over a time period (frequency) (paragraphs 38-43).
Regarding claim 10, Gilbert discloses that the apparatus comprises a bypass valve capable of venting the cathode exhaust into the environment (paragraph 29).
Claims 1 and 2 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shimanuki (US 2002/0119356 A1).
Shimanuki discloses an apparatus comprising: a fuel cell 1 with an anode, cathode, membrane between anode and cathode (paragraph 3), cathode inlet 2, cathode outlet 3, anode inlet 4, and anode outlet 5 (paragraph 20). Shimanuki discloses a mixing unit that supplies water from the cathode and anode exhausts to the cathode and anode inlets for humidification (paragraph 46).
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.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Gilbert or Shimanuki as applied to claim 1 above, and further in view of Jang (US 2019/0312290 A1).
Neither Gilbert nor Shimanuki discloses a porous body. Jang—in an invention for humidifying oxidant entering the cathode of a fuel cell—discloses an evaporation porous body 500 in the humidification unit 1 through which oxidant flows to increase contact area between water and air (paragraph 16) the advantageous effects listed in paragraphs 31-35. It would have been obvious to one having ordinary skill in the art at the time of invention to add an evaporation porous body 500 as in Jang to increase contact area between water and air in Gilbert or Shimanuki.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to IMRAN AKRAM whose telephone number is (571)270-3241. The examiner can normally be reached M-F 9a-5p.
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/IMRAN AKRAM/Primary Examiner, Art Unit 1725