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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 8/2/23, 12/10/24, 1/14/25 and 7/25/25 have been considered by the examiner.
Drawings
Figures 1-4, 5A and 5B should be designated by a legend such as --Prior Art-- because only that which is old is illustrated. See MPEP § 608.02(g). Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. The replacement sheet(s) should be labeled “Replacement Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. Note [42] of the specification as filed.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 1-7 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-6 of copending Application No. 18/264,793 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because both require:
A fuel cell membrane humidifier comprising a middle case having a module insertion portion formed therein, the module insertion portion including an outer partition wall formed to be spaced apart from an inner wall of a middle case; a cap case coupled to the middle case; a hollow fiber membrane module inserted into the module insertion; and an active pressure buffer portion formed between the middle case and the module insertion portion to prevent the module insertion portion from expanding due to a pressure difference between the inside and the outside of the middle case or eliminate the pressure difference, depending on an output situation of a fuel cell.
The active pressure buffer portion includes an inclined structure (bypass structure) formed between the outer partition wall and the inner wall of the middle case wherein the inclined structure includes a first inclined member (connection member) formed to be fixed to the outer partition wall, protrude in a direction of the middle case, and be spaced apart from the inner wall of the middle case and a second inclined member (blocking member) formed on the inner wall of the middle case and formed to protrude in a direction of the outer partition wall.
A bypass hole formed in at least one of the first inclined member and the second
inclined member, the bypass hole being able to be opened or closed depending on a magnitude of expansion pressure between the outer partition wall and the middle case. The first inclined member and the second inclined member include two or more bypass holes. When the expansion pressure gradually increases, the second inclined member slides along a surface of the first inclined member and the two or more bypass holes are sequentially opened. The hollow fiber membrane module includes at least one hollow fiber membrane bundle having a plurality of hollow fiber membranes integrated therein or at least one hollow fiber membrane cartridge having a plurality of hollow fiber membranes accommodated therein.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
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.
Claims 1-7 are 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 1 recites the limitation "a middle case" in lines 3-4. There is insufficient antecedent basis for this limitation in the claim. Examiner suggests “the middle case”.
Claim 1 recites the limitation "the inside" in line 7. There is insufficient antecedent basis for this limitation in the claim. In addition, “the inside” is indefinite because it is unclear what encompasses “the inside”. For example, Examiner suggests “an inside of the cap case”.
Claim 1 recites the limitation "the inside and the outside of the middle case" in line 15. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites “eliminate a pressure difference, depending on an output situation of a fuel cell”, which is indefinite. It is unclear what “pressure difference” is being eliminated. Examiner suggests “eliminate the pressure difference”. Furthermore, “depending on an output situation” does not distinctly claim the invention as it is unclear what “an output situation” encompasses.
Claim 6 recites the limitation "the middle case side" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 7 recites the limitation "the outer partition wall side" in line 3. There is insufficient antecedent basis for this limitation in the claim.
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.
Claim(s) 1-2 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim et al., KR 2019-0138288A.
Kim teaches a fuel cell membrane humidifier capable of preventing reduction in humidification efficiency caused by a pressure difference inside and outside the membrane humidifier. The fuel cell membrane humidifier comprises: a middle case having a module insertion part therein; a cap case coupled with the middle case; a hollow fiber membrane module inserted into the module insertion part; and a pressure buffer part between an inner wall of the middle case and the module insertion part [abstract]. See at least Figures 9-11 and the claims of Kim. Figure 9 is a cross-sectional view showing a portion of the middle case 110 of the fuel cell membrane humidifier. As shown in FIG. 9, the module insertion unit 210 and the pressure buffer unit 220 are formed in the middle case 110:
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. The module insertion unit 210 is inserted into the hollow fiber membrane cartridge (C) containing a plurality of hollow fiber membranes. The module insertion unit 210 may be formed of a plurality of partitions 211 and 212 so that a plurality of hollow fiber membrane cartridges C may be inserted, respectively. The inner wall 110a of the middle case is spaced apart from the partition 212 forming the outermost portion of the module inserting portion 210. The space S between the outermost partition 212 and the inner wall 110a of the middle case forms the pressure buffer unit 220. The pressure buffer unit 220 may further include a connection unit 221 disposed between the outermost partition 212 and the inner wall 110a of the middle case. The connection part 221 may be formed over the circumference of the outermost partition wall 212. The connection part 221 isolates the fluid flow space A and the fluid flow space B by separating the space S into first and second spaces which are isolated from each other, thereby allowing any of these to be opened through the fluid inlet 121. The fluid introduced into one fluid flow space is allowed to flow to the other fluid flow space only through the hollow fiber membrane cartridge (C) [0040-0044].
Referring to FIG. 10,
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a hollow fiber membrane cartridge C is disposed between neighboring partitions 211 and 212, discharged from a fuel cell stack (not shown), and introduced through a second fluid inlet 111. The second fluid is introduced into the cartridge C through the first mesh part M1 and flows out of the hollow fiber membrane to perform water exchange, and then flows out of the cartridge through the second mesh part M2. At this time, since the pressure P1 of the fluid flowing through the hollow fiber membrane cartridge C is the same, the pressure on both sides of the inner partition wall 211 is balanced so that the deformation of the inner partition wall 211 does not occur. On the other hand, in the outermost partition 212, the second fluid of the high pressure (P1) flows on one side through the hollow fiber membrane cartridge (C), the other side of the high pressure (P1 ') does not flow through the hollow fiber membrane cartridge (C) The second fluid flows. Since the second fluid flowing on both sides of the outermost partition wall 212 has substantially the same pressure (P1 = P1 ′), the pressures on both sides of the outermost partition wall 212 are balanced to form the outermost partition wall 212. The deformation of does not occur. A pressure gradient occurs due to a difference between the pressure P1 ′ of the second fluid flowing through the pressure buffer unit 220 and the atmospheric pressure P2 outside the middle case 110, so that the inner wall 110a of the middle case 110 is external. Direction, but this deformation does not substantially affect the outermost partition 212, and the connection 221 suppresses such deformation (i.e., fluid flow spaces A and B are connected to the connection ( Still isolated by 221), the flow of the second fluid through the pressure buffer 220 can be prevented. Thus, the airtightness between the outermost partition 212 and the hollow fiber membrane cartridge C is maintained, so that the second fluid does not flow between the outermost partition 212 and the hollow fiber membrane cartridge C. Meanwhile, the second fluid introduced into the pressure buffer unit 220 flows into the hollow fiber membrane cartridge C after turning in the connection unit 221. Therefore, unlike the related art, a gap does not occur between the hollow fiber membrane cartridge C and the outermost partition wall 212, so that the fluid in the fluid flow space A does not pass through the hollow fiber membrane module F. The flow to the fluid flow space B can be prevented, and as a result, the deterioration of the humidification efficiency can be prevented [0045-0047].
Thus, the claims are anticipated.
Allowable Subject Matter
Claims 3-7 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include 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: the claims are directed toward a fuel cell membrane humidifier comprising a middle case, a cap case, a hollow fiber membrane module and an active pressure buffer portion, as recited by claims 1 and 2. Claim 3 requires the active pressure buffer portion to include a bypass structure between the outer partition wall and the inner wall of the middle case wherein the bypass structure includes a connection member and a blocking member coupled to the connection member in a sliding manner.
The prior art does not each or suggest the fuel cell membrane humidifier recited by claim 3. Note at least Figure 11 of the present specification that depicts the bypass structure 221 having a connection member 221b and a blocking member 221a. Kim (KR20190138288A) does not teach the active pressure buffer portion includes a bypass structure between the outer partition wall and the inner wall of the middle case wherein the bypass structure includes a connection member and a blocking member coupled to the connection member in a sliding manner.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TRACY DOVE whose telephone number is (571)272-1285. The examiner can normally be reached M-F 9:00-3:00.
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/TRACY M DOVE/Primary Examiner, Art Unit 1725