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 12 and 14 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.
Claims 12 and 14 line 2, respectively, recite “a fluid mixture” which renders the meaning of the claims indefinite. It is not clear if applicant intends another fluid mixture from that recited in claim 10, upon with claims 12 and 14 depend, the same fluid mixture or something else. In order to advance prosecution the examiner is interpreting it as the fluid mixture recited in claim 10.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-8, 10-13 and 15-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Walsh US6096450A.
Regarding claim 1, Walsh discloses a fuel cell device (Walsh, Fig. 1, 100) comprising at least one fuel cell unit (Walsh, Figs. 1 and 3, 118 and 300) and a conduit arrangement (Walsh, Fig. 3, 204) for at least one of a fuel medium and/or an oxidation medium and/or a temperature-control medium (Walsh, col. 5 lines 42-46),
wherein there is disposed in at least one conduit portion of the conduit arrangement a combined component (Walsh, col. 5 lines 35-37 and 42-45) forming a heat exchanger (Walsh, col. 2 lines 49-50; col. 5 lines 35-36) and a fluid modifier (Walsh, col. 6 lines 61-62) the fluid modifier forming a separator (Walsh, Figs. 2-3, 200).
Regarding claim 2, Walsh also discloses wherein the combined component comprises a plurality of pipes (Walsh, Fig. 2, 204) for a heat transfer medium (Walsh, col. 1 lines 49-50) that pass through a flow-through areal portion of the combined component (Walsh, col. 5 lines 35-45). The examiner notes that the medium flows through the pipes of Walsh in the combined component, satisfying the limitation.
Regarding claim 3, Walsh further discloses wherein the combined component has a modification material (Walsh, Fig. 5, 554) at least in one flow-through areal portion (Walsh, Fig. 5, 204, 554) and
wherein the modification material in the flow-through areal portion through which a fluid mixture (Walsh, col. 1 lines 49-50) flows during normal operation of the fuel cell device (Walsh, col. 5 lines 34-37) is configured to at least partially mix the fluid mixture, which the skilled artisan would understand that the fluid mixture of Walsh is at least partially mixed by the modification material 554 in the at least one flow-through areal portion of 204, as protuberances are known to cause turbulence (partial mixing) in fluid flow.
Regarding claim 4, Walsh additionally discloses wherein a modification material (Walsh, Fig. 5, 554) of the fluid modifier (Walsh, Fig. 5, 200) comprises a metal material (Walsh, col. 7 lines 1-2, Fig. 5, 408).
Regarding claim 5, Walsh also discloses wherein a modification material (Walsh, Fig. 5, 554) of the fluid modifier (Walsh, Fig. 5, 200) is disposed at least partially in gaps between pipes of the combined component (Walsh, Fig. 5, 200, 204, 554), Walsh 554 is at least partially disposed in the gaps corresponding to 504 between pipes 204, satisfying the limitation.
Regarding claim 6, Walsh further discloses wherein a modification material (Walsh, Fig. 5, 554) of the fluid modifier (Walsh, Fig. 5, 200) is disposed bearing at least partially against pipes of the combined component (Walsh, Fig. 4, 204, 554), Walsh 554 bear (push or press) against 204 as 554 can be reasonably interpreted as being against 204, satisfying the limitation.
Regarding claim 7, Walsh additionally discloses wherein a modification material (Walsh, Fig. 5, 554) of the fluid modifier (Walsh, Fig. 5, 200) is disposed in at least one layer in a flow-through areal portion (Walsh, Fig. 5, 204, 554) and some pipes of a plurality of pipes are disposed on one side of the at least one layer (Walsh, Figs. 2 and 5, a plurality of 204 on one side of 204) and some pipes of the plurality of pipes are disposed on an opposite side of the at least one layer (Walsh, Figs. 2 and 5, a different plurality of 204 on another side of 204).
Regarding claim 8, Walsh also teaches wherein fibers (Walsh, col. 7 line 1) provide a modification material (Walsh, Fig. 5, 408, 554) of the fluid modifier (Walsh, Fig. 5, 200) at least in part.
Regarding claim 10, Walsh discloses a fuel cell device (Walsh, Fig. 1, 100) comprising at least one fuel cell unit (Walsh, Figs. 1 and 3, 118 and 300) and a conduit arrangement (Walsh, Fig. 3, 204) for at least one of a fuel medium and/or an oxidation medium and/or a temperature-control medium (Walsh, col. 5 lines 42-46),
wherein there is disposed in at least one conduit portion of the conduit arrangement a combined component (Walsh, col. 5 lines 35-37 and 42-45) which comprises at least one functional layer for a heat transfer (Walsh, col. 2 lines 49-50; col. 5 lines 35-36) and a modification of a fluid mixture (Walsh, col. 6 lines 61-62) that is flowing through (Walsh, col. 5 lines 35-36).
Regarding claim 11, Walsh additionally discloses wherein fibers (Walsh, col. 7 line 1) for a fluid modification (Walsh, Fig. 5, 408, 554) run transverse to pipes (Walsh, Fig. 5, 204) in the at least one functional layer (Walsh, col. 7, lines 1-3), the examiner notes that the fibers comprise a fabric and would be understood by the skilled to run transverse to pipes 204.
Regarding claim 12, Walsh further discloses wherein a layer with a modification material (Walsh, Fig. 5, 554) for the modification of the fluid mixture (Walsh, col. 6 lines 61-62) runs in the at least one functional layer (Walsh, Fig. 5, 400) alternately on different sides of pipes in relation to a plane spanned by a pipe extension direction of the pipes (Walsh, 204, 554), the modification material 554 of Walsh runs alternately on different sides of pipes 204, first along one pipe and then along another, satisfying the limitation.
Regarding claim 13, Walsh also discloses wherein the at least one functional layer (Walsh, Fig. 5, 400) extends obliquely to a fluid guidance direction of the conduit portion (Walsh, Figs. 2 and 5, 204), the functional layer 400 extends in three dimensions, satisfying the claim limitation.
Regarding claim 15, Walsh further discloses wherein at least one flow-through areal portion (Walsh, Figs. 2 and 5, 204) is surrounded by a frame (Walsh, Fig. 2, 212) and the frame is secured to a conduit wall of the conduit portion (Walsh, Fig. 2, 204, 212).
Regarding claim 16, Walsh additionally discloses wherein at least one of some of a plurality of pipes (Walsh, Figs. 2 and 5, 204) for the heat exchanger (Walsh, Figs. 2-3, 200) and/or at least a part of a modification material (Walsh, Fig. 5, 554) of the fluid modifier (Walsh, Figs. 2 and 5, 200) is at least partially embedded in the frame (Walsh, Fig. 2, 212).
Regarding claim 17, Walsh also discloses wherein the combined component is formed as a pre-assembled module unit (Walsh, Fig. 2, 200).
Regarding claim 18, Walsh further discloses wherein the combined component (Walsh, Fig. 2, 200) has at least one positive-locking element (Walsh, Fig. 5, 304) for a positive engagement with the conduit portion (Walsh, col. 6 lines 1-4), the examiner notes Walsh 304 cooperate with the longitudinal extents of layers 118, which is comprised of 200 and 204, in formation of the fluid manifolds, satisfying the limitation.
Regarding claim 19, Walsh also discloses wherein at least one combined component (Walsh, Fig. 2, 200) is disposed in at least one of a conduit portion (Walsh, Fig. 2, 150) of a conduit system for fuel medium of the conduit arrangement (Walsh, col. 5 lines 9-12 and 39-42) and/or
a conduit portion of a supply conduit of the conduit system for fuel medium (Walsh, col. 5 lines 9-12 and 39-42) and/or
a conduit portion of a discharge conduit of the conduit system for fuel medium (Walsh, col. 5 lines 9-12 and 39-42) and/or
a conduit portion of a conduit system for oxidation medium of the conduit arrangement (Walsh, col. 5 lines 9-12 and 39-42).
Regarding claim 20, A vehicle (Walsh, col. 9 lines 8-9), the vehicle comprising the fuel cell device in accordance with claim 1 (see claim 1).
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(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Walsh US6096450A in view of McElroy US4855193A.
Regarding claim 9, Walsh further teaches wherein at least some fibers and at least some of a plurality of pipes together form a fabric (Walsh, col. 7, lines 1-3), but does not teach a woven fabric.
McElroy teaches wherein at least some fibers (McElroy, Fig. 5, 36) and at least some of a plurality of pipes (McElroy, Fig. 5 18, 22, 36) together form a woven fabric (McElroy, metal screen). Therefore it would be obvious to the skilled artisan before the effective filing date of the claimed invention to modify the device disclosed by Walsh by adding a woven fabric, as taught by McElroy thereby droplets formed may be reduced in size so as not to block the entire flow field and are easily removed from the flow field by gravity or fluid flow or a combination of both (McElroy, col. 3 lines 14-16).
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Walsh US6096450A in view of Poirot-Crouvezier US20170279131A1.
Regarding claim 14, Walsh does not disclose wherein pipes of a downstream functional layer are disposed in such a way that the fluid mixture that flows through gaps between pipes of an upstream functional layer flows against these pipes of the downstream functional layer.
Poirot-Crouvezier teaches wherein pipes of a downstream functional layer are disposed in such a way that the fluid mixture that flows through gaps between pipes of an upstream functional layer flows against these pipes of the downstream functional layer (Poirot-Crouvezier, [0066]). Therefore it would be obvious to the skilled artisan before the effective filing date of the claimed invention to modify the device disclosed by Walsh with pipes disposed such that the fluid mixture that flows through gaps between pipes of an upstream functional layer flows against these pipes of the downstream functional layer, as taught by Poirot-Crouvezier, thereby substantial decreasing local head losses and allowing a transverse mixing of the flow of heat-transfer fluid between the cooling channels, thereby improving the uniformity of removal of heat produced (Poirot-Crouvezier, [0066]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Eshraghi US6444339B1 (discloses a substantially similar structure to that of the claimed invention).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JARED HANSEN whose telephone number is (571)272-4590. The examiner can normally be reached M-F.
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/JARED HANSEN/Examiner, Art Unit 1723 /TIFFANY LEGETTE/Supervisory Patent Examiner, Art Unit 1723
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