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.
Specifically the foreign reference mentioned in paragraph [0005] of the specification has not been listed on an IDS, nor has a copy been provided for the Examiner’s consideration.
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 1-8, and 10 are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by Glueck et al ‘336.
Glueck et al ‘336 (Abstract; Figs. 1, 4, 6b, 6c, 8; paragraphs [0001], [0048]-[0053]; claim 40) disclose a flow plate for a humidifier, and a humidifier comprising a stack of flow plates assembled together with semipermeable membranes (claim 10) to humidify a supply gas to a fuel cell using the moisture within an exhaust from the fuel cell. The flow plate includes a flow field body (28) formed as an inlay part of the device (claim 5) attached to a surrounding frame structure (see Fig. 4), wherein the flow field body includes a corrugated surface (see Figs. 4, 6b, 6c) including support elements (41a, 41b) protruding from both opposing sides of the base plane (claim 6), the base plane formed between sides (21, 27) of the flow field panel, the support elements being stamped from the base plane sheet in a manner that their orientations may differ relative to the base plane (claim 7), the stamping process forming holes (40) that correspond in area and shape to the support elements stamped therefrom (claim 8). The support elements are arranged at periodic distances from one another (claim 4), being formed in rows and lines that are offset from one another, the rows and lines being formed in two different directions relative to one another. As shown in Fig. 4 of the reference, bent free ends of the support elements (41a, 41b) are oriented facing each other in neighboring rows, elements in one row being bent in the same direction and the elements in an adjacent row are bent in an opposing direction (claim 1). The elements protrude at an angle of less than 90 degrees from the base plane (see Figs. 6b, 6c) (claim 2). Claim 40 of the reference notes that the support elements may be bent into a hook shape with the free ends of the elements bent towards the base plane (claim 3).
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.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Glueck et al ‘336, taken together with Fasold et al.
Glueck et al ‘336 (Abstract; Figs. 1, 4, 6b, 6c, 8; paragraphs [0001], [0048]-[0053]; claim 40) as applied above, substantially disclose applicant’s invention as recited by instant claim 9, except for flow passages for feeding the first and second fluids being arranged parallel to the front ends of the flow plate and parallel to the longitudinal ends of the flow plate. The reference clearly provides for pairs of openings arranged parallel to the front ends of the flow plate.
Fasold et al (Figs. 1 and 2) disclose that it is notoriously well known within the fuel cell humidifier art to arrange openings for the first and second fluids flowing through the humidifier on opposing front ends and opposing longitudinal ends of the flow plates of the humidifier flow plate assembly. As such, it would have been obvious for an artisan at the time of the filing of the application, to modify the opposing through flow openings of the flow plates of Glueck et al ‘336, from being arranged only on the opposing front ends of the device, to being arranged along both the front ends and longitudinal ends, in view of Fasold et al, since such would allow for ease of assembly of the flow plate stack within a typical fuel cell humidifier housing that includes gas inlet and exhaust conduits attached to both opposing side pairs of the flow plate assembly (see Fig. 1 in Fasold et al).
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/2-7-26
/CHARLES S BUSHEY/ Primary Examiner, Art Unit 1776