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 .
Specification
The abstract of the disclosure is objected to because legal phraseology, i.e., “comprising”, on line 5, should be avoided in the abstract. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
The disclosure is objected to because of the following informalities: paragraph [0086] should be amended to place it in agreement with the drawing figures, as follows:
--The first connecting elements 240 on second front sides 222 of the second stack plate 200 are formed as a receptacle 244 on the top side 226 of the frame 220 and as a nub 242 on the bottom side 225, whereas the first connecting elements 240 on second longitudinal sides 224 are each formed as a nub 242 on the top side 226 and a receptacle 244 on the bottom side 225.--
Appropriate correction is required.
Drawings
New corrected drawings in compliance with 37 CFR 1.121(d) are required in this application because the reference numerals in Figs. 6-8 do not agree with the reference numerals of Figs. 4 and 5, or with the specification disclosure, specifically, the specification at paragraphs [0076], and especially [0079], wherein it is stated, “The first longitudinal sides 124 define inflow and/or outflow regions of the first group of flow channels 410.”, and “The second front sides 222 define inflow and/or outflow regions of the second group of flow channels 420.”, which agree completely with that which is shown by Figures 4 and 5 of the drawings, but which contradict that which is illustrated by Figs. 6-8. Accordingly, in Fig. 6, “224” should be changed to --222--, and “410” should be changed to --420--; in Fig. 7, “410” should be replaced by --420--; and in Fig. 8, “410” should be replaced by --420--. The corrected drawings are required in reply to the Office action to avoid abandonment of the application. The requirement for corrected drawings will not be held in abeyance.
INFORMATION ON HOW TO EFFECT DRAWING CHANGES
Replacement Drawing Sheets
Drawing changes must be made by presenting replacement sheets which incorporate the desired changes and which comply with 37 CFR 1.84. An explanation of the changes made must be presented either in the drawing amendments section, or remarks, section of the amendment paper. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). A replacement sheet must include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of the amended drawing(s) must not be labeled as “amended.” If the changes to the drawing figure(s) are not accepted by the examiner, applicant will be notified of any required corrective action in the next Office action. No further drawing submission will be required, unless applicant is notified.
Identifying indicia, if provided, should include the title of the invention, inventor’s name, and application number, or docket number (if any) if an application number has not been assigned to the application. If this information is provided, it must be placed on the front of each sheet and within the top margin.
Annotated Drawing Sheets
A marked-up copy of any amended drawing figure, including annotations indicating the changes made, may be submitted or required by the examiner. The annotated drawing sheet(s) must be clearly labeled as “Annotated Sheet” and must be presented in the amendment or remarks section that explains the change(s) to the drawings.
Timing of Corrections
Applicant is required to submit acceptable corrected drawings within the time period set in the Office action. See 37 CFR 1.85(a). Failure to take corrective action within the set period will result in ABANDONMENT of the application.
If corrected drawings are required in a Notice of Allowability (PTOL-37), the new drawings MUST be filed within the THREE MONTH shortened statutory period set for reply in the “Notice of Allowability.” Extensions of time may NOT be obtained under the provisions of 37 CFR 1.136 for filing the corrected drawings after the mailing of a Notice of Allowability.
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 1-17 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, as currently recited describes a stack plate device, wherein the first connecting elements as set forth in the last 10 lines of the claim cannot possibly exist. Specifically, whereas lines 26-30 of claim 1 describe a situation wherein the connecting elements on the first front sides are formed as receptacles on the top sides of the first stack plates and nubs on the bottom sides thereof, while the last 5 lines of the claim (lines 31-35) describe the situation wherein the connecting elements on the second front sides are formed as nubs on the top sides of the second stack plates and receptacles on the bottom sides thereof, which would disallow the first and second stack plates from being installed on top of each other alternately in a stacking direction, since the nubs on the bottom of a first front side of a first stack plate would interfere with the nubs on the top of a second front side of a second stack plate, when a first stack plate were stacked on top of a second stack plate, as currently described in claim 1.
It is suggested that the last five lines (lines 31-35) of text of claim 1 be replaced by --wherein the first connecting elements on the second front sides are formed as receptacles [nubs] on the top sides of the second stack plates and as nubs [receptacles] on the bottom sides of the second stack plates, whereas the first connecting elements on the second longitudinal sides are formed as nubs [receptacles] on the top sides of the second stack plates and as receptacles [nubs] on the bottom sides of the second stack plates.-- Incidentally, the amended claim language as suggested by the Examiner would place the claim into complete agreement with the situation as disclosed by the specification and drawings, as originally filed. See Figs. 6-8.
In claim 4, the structure and placement of the first and second gaskets are not completely clear, as claimed. It is suggested that --on the first front sides and between the nubs of the first connecting on the second longitudinal sides--, be inserted between “elements” and the period at the end of the claim to improve clarity of the claim. It is noted that the added language would clearly place the claimed invention in total agreement with Figures 7 and 8 of the application.
In claim 8, line 11, “the other stack plate” lacks antecedent basis. It is suggested that “another stack plate” on line 10 of claim 8 be replaced by --an other stack plate--, to render this rejection moot.
In claim 10, the meets and bounds of the patent protection desired is unclear with respect to the “second connecting elements” and the recitation of “the other stack plate” at the end of the claim. It is suggested that --of the stack plate-- be inserted on line 2 of the claim after “peripheral frame”, to clarify the structure of the second connecting elements as it exists relative to “the stack plate” and “the other stack plate”.
Claim 13, as currently recited is apparently primarily directed to “the second stack plate 200”, as disclosed by the specification and drawings, as originally filed. As such, on lined 8-9 of the claim, “the second longitudinal sides defining outflow regions of second flow channels”, should be amended to read --the second front sides defining outflow regions of second flow channels-- to place the claim in agreement with the originally filed disclosure, specifically, the last two lines of text of paragraph [0079] of the specification. On line 11 of claim 13, “the other stack plate” lacks antecedent basis. It is suggested that “another stack plate”, also on line 11 of claim 13 be replaced by --an other stack plate--, to obviate this point of rejection. Lastly, the last 5 lines of text of instant claim 13 does not agree with the disclosure of the originally filed specification and drawings, and as such, it is suggested that the last five lines of claim 13 be rewritten as follows:
--wherein the first connecting elements on the second front sides are formed as receptacles [nubs] on a top side of the stack plate and as nubs [receptacles] on a bottom side of the stack plate, whereas the first connecting elements on the second longitudinal sides are formed as nubs [receptacles] on the top side of the stack plate and as receptacles [nubs] on the bottom side of the stack plate.--
Claim 14 also does not agree with the original disclosure as set forth by the specification and drawings and is therefor confusing, as currently recited. It is suggested that the last three lines of text of claim 14 be amended as follows to more clearly recite the invention as set forth by the specification and drawings, considered the fact that applicant is apparently directing the language of instant claim 14, as it depends from independent claim 13, to the second stack plate, as disclosed within the instant application:
--is disposed on the top side of the stack plate on the second longitudinal [front] sides, and wherein the second gasket is disposed between the nubs [receptacles] of the first connecting elements on the second longitudinal sides.--
In claim 15, which depends from claims 13 and 14, and therefore primarily is directed to the “second stack plate”, referred to as “the stack plate” in claims 13 and 14, apparently “the other stack plate” at the end of claim 15 should be replaced by --the stack plate--. As disclosed by the originally filed disclosure of the specification and drawings, which teach the “first stack plate 100” as the stack plate that includes the “axially protruding fingers” and the “second stack plate 200” as “the stack plate” in claims 13-15, which provides the second through hole 250 that may be configured as an oversize fit for accommodating the fingers 152, applicant may wish to amend claim 15 to clarify that “the stack plate” of claim 15 includes hole 250 having an oversize fit to allow the fingers to reach therethrough. See paragraph [0105] of the instant specification.
Allowable Subject Matter
Claims 1-17 would be allowable if rewritten or amended to overcome the rejections under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The prior art of record fails to disclose or suggest the stack plates of independent claims 8 and 13, and the stack plate device including the stack plates of independent claim 1, wherein the first connecting elements formed on the plates have receptacle/nub combinations to allow for secure and uniformly stacked alternating first and second stack plates (or stack plates and other stack plates of claims 8 and 13), wherein the stack plates are each formed with receptacle/nub elements on the first and second front sides of the plates being formed in the same directions (receptacles at the top on the front sides), and with the receptacle/nub elements on the first and second longitudinal sides of the plates being formed in an opposite orientation to those on the first and second front sides (specifically with nubs at the top on the longitudinal sides), thereby creating a situation in which the alternating plates in a plates stack cannot be incorrectly aligned or stacked.
With regard to the prior art made of record by applicant via the IDS filed on 2-13-24), or by the Examiner by reference citations attached hereto, the following reference teachings are noted:
Fasold et al US 2015/0171442 (Patent 9,680,169) discloses connecting elements (Figs. 2-6) that are arranged around the periphery of membrane support frames. The elements require a rod element (20) to allow their joinder, and do not suggest a receptacle/nub stacking connection, as claimed.
Desjardins US 2021/0075035 (continuation of Patent 10,840,521) disclose snap fit features (630) that allow the plates to be stacked and clamped together, and alignment features (610) that cooperate with alignment holes (510) of a sealing plate to insure proper alignment during an overmolding process.
None of the references mentioned above teach plates having connection elements with receptacle/nub combinations on each plate to allow for proper alignment and connection of adjacent plates to one another when stacked.
Fasold et al 9,859,575 teaches a membrane stack humidifier with receptacle/nub type connections providing a clampable connection between alternating frame parts and membrane layers (8,9), and further receptacle/nub connecting tabs (15) that are held in a corner bracket receiving groove. While the reference provides means to assemble stacked elements, there is not suggestion that connection elements are provided along each of the front side and longitudinal sides of the membrane stack, nor any suggestion that the receptacle/nub combinations should be oppositely directed on the front sides and the longitudinal sides of the stack.
Vanderwees US 2017/0346110 discloses a receptacle/nub connection between adjacent plates within a humidifier (Figs. 16A, 16B) at the corner holes designed to receive corner tie rods. There is not suggestion to provide the connection elements along the front and longitudinal sides of the device, nor any suggestion that the receptacle/nub combinations should be oppositely directed on the front sides and the longitudinal sides of the stack.
Lastly, DE 102017201814 A1 disclose a stack plate assembly with receptacle/nub type connections for adjacent stack plates (Figs. 7a-8). There is not suggestion to provide the connection elements along the front and longitudinal sides of the device, nor any suggestion that the receptacle/nub combinations should be oppositely directed on the front sides and the longitudinal sides of the stack.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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/C.S.B/3-29-26
/CHARLES S BUSHEY/ Primary Examiner, Art Unit 1776
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