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 9 is objected to because of the following informalities: The phrase “the humidification module” in line 6 of claim 9 should be changed to the phrase “a humidification module”. Appropriate correction is required.
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 9 and 11-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim et al (WO 2019/132141 A1).
Kim et al (US 2021/0057767 A1) is being used as the English translation for Kim et al (WO 2019/132141 A1).
Regarding claim 9, Kim discloses a fuel cell humidifier (paragraph [0064]) comprising:
a mid-case (middle case; Fig. 1 #110; paragraph [0064]),
a cap fastened to the mid-case (cap case; Fig. 1 #120; paragraph [0064]),
at least one cartridge disposed inside the mid-case and accommodating a plurality of hollow fiber membranes (hollow fiber membrane module including a plurality of hollow fiber membrane cartridges in each of which a plurality of hollow fiber membranes are housed; paragraph [0066]), and
a gasket assembly airtightly coupled to at least one end of a humidification module through mechanical assembly so that the cap is able to be in fluid communication only with the hollow fiber membranes (assembly member #200 coupled such that cap case #120 is in fluid communication with the hollow fiber membranes; Fig. 1 #200; paragraph [0072]),
wherein the gasket assembly (assembly member; Fig. 1 #200; paragraph [0072]) includes:
a sub-case formed in a shape surrounding an end of the cartridge and including a first hole into which the end of the cartridge is inserted (second sealing unit #220 surrounding an end of the cartridge and including a hole into which the end of the cartridge is inserted; Fig. 12 #220; paragraph [0073]); and
a gasket including a body member having a second hole into which the sub-case is inserted (second sealing unit #220 has first sealing unit #210 formed inside thereof; Fig. 12 #210; paragraph [0073]), a packing portion including a protrusion member formed at one end of the body member and coming into contact with an outer circumferential surface of the sub-case inserted into the second hole to prevent a fluid in the mid-case from flowing toward the cap (protrusion member of first sealing unit #210 directly contacting outer circumference of second sealing unit #220; Fig. 12 #210; paragraph [0073]), and an edge portion formed at the other end of the body member and formed in a space formed by a groove formed at an end of the mid-case and an end of the cap (protrusion member of first sealing unit #210 not directly contacting outer circumference of second sealing unit #220; Fig. 12 #210; paragraph [0073]).
Regarding claim 11, Kim disclose the fuel cell humidifier of claim 9 as noted above and Kim discloses the fuel cell humidifier comprising the sub-case formed of a material having a hardness higher than a material constituting a potting portion formed at the end of the cartridge (second sealing unit #220 made of a material having high hardness; Fig. 12 #220; paragraph [0071]).
Regarding claim 12, Kim disclose the fuel cell humidifier of claim 9 as noted above and Kim discloses the fuel cell humidifier comprising the body member includes a lower body member formed to protrude downward (protruding portion of first sealing unit #210 protruding downward; Fig. 12 #210; paragraph [0072]) and an upper body member formed in a planar shape toward the cap (top portion of first sealing unit #210 having a horizontal planar shape; Fig. 12 #210; paragraph [0072]).
Regarding claim 13, Kim disclose the fuel cell humidifier of claim 9 as noted above and Kim discloses the fuel cell humidifier comprising the body member includes two or more second holes into which two or more sub-cases can be inserted (first sealing unit has holes for filling multiple second sealing units; Fig. 3; paragraph [0073]), and two or more protrusion members are included and formed in contact with outer circumferential surfaces of the two or more sub-cases (first sealing unit has two or more protrusion members; Fig. 3; paragraph [0073]).
Regarding claim 14, Kim disclose the fuel cell humidifier of claim 9 as noted above and Kim discloses the fuel cell humidifier comprising the protrusion member presses and comes into contact with the outer circumferential surface of the sub-case according to an elastic force to make a space on the mid-case side and a space on the cap side airtight (protrusion member of first sealing unit #210 directly contacting outer circumference of second sealing unit #220; Fig. 12 #210; paragraph [0073]).
Regarding claim 15, Kim disclose the fuel cell humidifier of claim 9 as noted above and Kim discloses the fuel cell humidifier comprising the edge portion includes edge wings protruding in both directions (end of first sealing unit #210 protrudes up and down; Fig. 3 #210; paragraph [0073]) and the edge wings are interposed with the groove formed at the end of the mid-case filled with the edge wings to seal the inside and outside of the mid-case, the mid-case, and the cap (end of first sealing unit #210 protrudes up and down having a groove sealing inside and outside of middle case, the middle case and the cap case; Fig. 3 #210; paragraph [0073]).
Regarding claim 16, Kim disclose the fuel cell humidifier of claim 9 as noted above and Kim discloses the fuel cell humidifier comprising each of the packing portion and the edge portion having a first hardness of 20 to 70 Shore A (first sealing unit having hardness less than 70 Shore A; paragraph [0071]), and the fuel cell membrane humidifier further comprises a reinforcing member formed to be inserted into at least a portion of the packing portion and at least a portion of the edge portion (side of cap portion; Fig. 11; paragraph [0071]), the reinforcing member having a second hardness higher than the first hardness (portion of cap case #120 ad portion of middle case #111 fitted on protrusion members of first sealing unit; Fig. 10; paragraph [0071]).
Regarding claim 17, Kim disclose the fuel cell humidifier of claim 9 as noted above and Kim discloses the fuel cell humidifier comprising the cartridge includes an inner case having an opening formed at an end thereof and accommodating the plurality of hollow fiber membranes (portion of cartridge disposed under the potting unit #130; Fig. 3; paragraph [0070]); and a potting portion to which ends of the plurality of hollow fiber membranes are fixed (potting unit fixing ends of plurality of hollow fiber membranes; Fig. 3; paragraph [0069]), the potting portion closing the opening of the inner case (potting unit sealing end of cartridge; Fig. 3; paragraph [0069]).
Regarding claim 18, Kim disclose the fuel cell humidifier of claim 17 as noted above and Kim discloses the fuel cell humidifier comprising at least a portion of the potting portion is located outside the inner case and exposed (potting unit #130 is exposed and outside of the cartridge; Fig. 12 #130; paragraph [0069]), and the sub-case is coupled to the exposed potting portion (second sealing unit #220 is coupled to potting unit #130; Fig. 12 #220; paragraph [0071])
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.
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.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Kim et al (WO 2019/132141 A1) in view of Kim et al (KR 20210000679 A).
Kim et al (US 2021/0057767 A1) is being used as the English translation for Kim et al (WO 2019/132141 A1) and Kim et al (US 2022/0123334 A1) is being used as the English translation for Kim et al (KR 20210000679 A).
Regarding claim 10, Kim ‘141 discloses the fuel cell membrane humidifier of claim 9 as noted above.
Kim ‘141 does not disclose the fuel cell membrane humidifier comprising an adhesive applied to an inner circumference surface of the sub-case such that the sub-case is coupled to the end of the cartridge.
However, Kim ‘679 discloses a fuel cell membrane humidifier comprising an adhesive applied to an inner circumference surface of the sub-case such that the sub-case is coupled to the end of the cartridge (surface of bracket part of surface or inner body treated with a primer increasing adhesive strength between the bracket part or the inner body and the fixing layer maximizing the internal sealing effect; paragraph [0084]).
It would have been obvious to one of ordinary skill in the art to modify the fuel cell membrane humidifier of Kim ‘141 to include the primer of Kim ‘679 between the inner surface of the second sealing unit #220 and the cartridge of Kim ‘141 because doing so increases the adhesive strength between the bracket part or the inner body and the fixing layer maximizing the internal sealing effect (paragraph [0084] of Kim ‘679)
Conclusion
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/SATHAVARAM I REDDY/Examiner, Art Unit 1785