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 .
Information Disclosure Statement
The listing of references in the specification is not a proper information disclosure statement. 37 CFR 1.98(b) requires a list of all patents, publications, or other information submitted for consideration by the Office, and MPEP § 609.04(a) states, "the list may not be incorporated into the specification but must be submitted in a separate paper." Therefore, unless the references have been cited by the examiner on form PTO-892, they have not been considered.
The foreign reference cited on page 1, paragraph [0003] of the specification does not appear on the IDS filed in the application, nor is a copy readily available to the Examiner.
Specification
The disclosure is objected to because of the following informalities: paragraph [0003], line 3, “contents” should be made singular.
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 1, 4-8, and 19 are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by Fasold et al ‘575.
Fasold et al ‘575 (Figs. 1, 2, 4, 5; col. 4, lines 7-15; col. 5, lines 29-56) disclose a fuel cell humidifier (1) with a plate stack (3), the humidifier having inlets and outlets (4a,4b,5a,5b) for first and second fluids to pass through the humidifier and exchange moisture across the semipermeable membranes of the plate stack, the membranes separating the flow channels for the fluids within the plates. The plate stack has a first end and a second end facing away from each other in the stacking direction (see Fig. 2), a first end plate (18) arranged at the first end and a second end plate (19) arranged at the second end, the housing (2) having at least one (actually two, each having a V-shape in plan view) receiving devices (21a), with a counter receiving device (21), also having a V-shape, interacting with the receiving device to support and seal the plate stack in the housing, the counter receiving device (seal 21) arranged at the first end plate or the second end plate (18,19) (claims 1 and 19). As shown by Fig. 1 of the reference, the flow channels for the first and second fluids (6,7) are arranged at an angle (claim 4), specifically perpendicular to one another (claim 5). Further, as shown in Fig. 4, the counter receiving device (21) extends at an acute angle to one of the first and second flow directions (shown be flows 6 and 7 in Fig. 4) (claim 6). As shown by Figs. 4-6 of the reference, the channel plates within the plate stack are generally rectangular, with the counter receiving device (21) extending between opposite edges of the rectangular shape of the first or second end plate (18,19) (claims 7 and 8).
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.
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 2, 3, 9-15, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Fasold et al ‘575.
Fasold et al ‘575 (Figs. 1, 2, 4, 5; col. 4, lines 7-15; col. 5, lines 29-56) as applied above substantially discloses applicant’s invention as recited by instant claims 2, 3, 9-15, and 17, except for the V-shaped counter receiving device being arranged on both end plates of the plate stack, as recited by claim 2; the counter receiving device formed as one piece with the end plate, as recited by instant claim 3; the oppositely extending guide grooves, and thee oppositely positioned support ribs in the stacking direction, as recited by instant claim 9; the counter receiving device including seal means, as recited by instant claim 10; the seals preventing the fluids from bypassing the plate stack, as recited by instant claim 11; the seals on opposite sides of the support ribs, as recited by instant claim 12; the seals arranged circumferentially on opposite sides of the ribs, as recited by instant claim 13; the support ribs having axial seals on the end faces of the plate stack, as recited by instant claim 14; the axial seals being one piece with the seal devices, as recited by instant claim 15; and the circumferentially extending axial seal on opposite end faces to be arranged in a groove to seal the plate stack against an inner side of the housing, as recited by instant claim 17.
Figures 4 and 5 of Fasold et al ‘575 teach both V-shaped receiving devices (grooves 21a) and V-shaped counter receiving devices (21) associated with one end of the plate stack in Fig. 4, and circumferentially extending axial seals (22) within receiving grooves (22a) associated with the other end of the plate stack in Fig. 5. All of the seals (counter receiving devices 21, 22) associated with the end plates of the plate stack include structures with side and end surfaces that provide both support and sealing means when installed into the grooves (receiving devices of the housing), the seals preventing bypass of the fluids between the housing and the end plates of the plate stack (claim 11). It would have been obvious for an artisan at the time of the filing of the application, to modify the V-shaped seal and groove structures of the device as taught by Fasold et al ‘575 (Fig. 4), to be arranged on both of the end plates, and to have the seals and end plates constructed as a one piece member, as required by instant claims 2 and 3, since such would simplify the assembly of the device within the housing while ensuring against leakage of any fluid flows between either of the plate stack end plates and the housing. Further, wherein the seal elements of the reference clearly have axial and side surfaces that engage the seal receiving grooves, such providing support and sealing functions to prevent the plate stack from shifting within the housing by providing support of the stack against shear forces caused by the fluid flows through the device and maintaining the sealing function by the seal members constantly being in contact with the end plates and housing receiving devices (grooves 21a, 22a), the structures as set forth by instant claims 9-15 would have been envisaged by a skill artisan given the overall teaching of the reference apparatus of the combination of sealing and supporting functions of the seal elements (counter receiving devices) of the end plates of the plate stack positively engaging with all surfaces of the grooves (receiving devices) of the housing elements adjacent to the end plates of the plate stack. Lastly, with regard to instant claim 17, Fig. 5 of the reference clearly teaches a circumferentially extending axial seal (22) within a groove (22a) to seal an end plate of the plate stack with the inner side of the housing, and as such, it would have been obvious for an artisan at the time of the filing of the application, to provide the same circumferentially extending seal structure on both end plates of the plate stack, as set forth by instant claim 17, since such would provide for the same sealing ability at either end of the plate stack, providing a more reliably sealed humidifier structure.
Allowable Subject Matter
Claims 16, 18, and 20 are 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 prior art of record fails to disclose or suggest the one or more seal devices being connected to the axial seal sections, respectively, in a flat tip portion of the V-shape of the counter receiving device, as recited by instant claims 16 and 20.
Claim 18 would be allowable based upon its dependence on an allowable claim 16.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLES S BUSHEY whose telephone number is (571)272-1153. The examiner can normally be reached M-Th 6:30-5:00.
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.
/C.S.B/3-26-26
/CHARLES S BUSHEY/ Primary Examiner, Art Unit 1776
Prosecution Insights