Prosecution Insights
Last updated: October 02, 2026
Application No. 18/558,720

FUEL CELL MEMBRANE HUMIDIFIER

Final Rejection §102§103
Filed
Nov 02, 2023
Priority
Jun 16, 2021 — RE 10-2021-0078206 +1 more
Examiner
LU, ZIHENG NMN
Art Unit
Tech Center
Assignee
Kolon Industries Inc.
OA Round
2 (Final)
84%
Grant Probability
Favorable
3-4
OA Rounds
7m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allowance Rate
59 granted / 70 resolved
+24.3% vs TC avg
Strong +15% interview lift
Without
With
+15.1%
Interview Lift
resolved cases with interview
Typical timeline
3y 6m
Avg Prosecution
27 currently pending
Career history
95
Total Applications
across all art units

Statute-Specific Performance

§103
68.8%
+28.8% vs TC avg
§102
19.0%
-21.0% vs TC avg
§112
7.9%
-32.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 70 resolved cases

Office Action

§102 §103
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 . Response to Amendment The amendments filed 7/17/2026 have been entered. Claims 1, 4, and 7 are amended. Support for the amendments can be found in the last paragraph of page 3 of the instant specification and Figs. 4 and 5. Claims 1-7 are amended. Response to Arguments Applicant's arguments filed 7/17/2026 have been fully considered but they are not persuasive. Applicant argues that Kim `738 does not teach or suggest positioning the off-gas outlet on the surface of the case on which condensate is collected by gravity (bottom of the case): Fig. 1 depicts the off-gas outlet 17 as projecting upwardly from the upper surface of the case. However, although the embodiment depicted by Fig. 1 has the outlet 17 on the upper surface, Kim `738 discloses that the outlet 17 may be formed at the bottom of the case (0028) and the outlet would therefore naturally discharge condensate. Kim `075 also teaches an off-gas outlet on the bottom of the case (Fig. 1 – part 105) which would, as a result of its placement, naturally discharge condensate accumulated by gravity. 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) 1-4 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim `738 (US 20200185738 A1). Regarding Claim 1, Kim `738 teaches a fuel cell membrane humidifier (Title) comprising: A humidification module configured to humidify air supplied from outside with moisture in off-gas discharged from a fuel cell stack (Abstract); and Caps respectively coupled to both ends of the humidification module (Abstract – first and second caps; Fig. 1 – parts 20 and 30), Wherein the humidification module comprises a mid-case in which an off-gas inlet through which the off-gas is introduced and an off-gas outlet through which the off-gas is discharged are formed (0028, Fig. 1 – the exhaust air inlet and the exhaust air outlet may be formed at the membrane part), and The off-gas outlet is formed on a bottom surface side of the mid-case and configured to discharge condensate generated in the humidification module to the outside (0028, Fig. 1 – the outlet can be formed on a bottom of the membrane part, which would be a side on which condensate generated in the humidification module is collected by gravity as it would be the lowest point of the case. As the outlet is used to release exhaust out of the humidifier, it would also be capable of discharge condensate generated in the humidification module to the outside). Regarding Claim 2, Kim `738 teaches the humidifier of Claim 1. The outlet is formed on a bottom surface of the mid-case (0028) and would therefore have at least a portion that is in contact with the bottom surface. Regarding Claim 3, Kim `738 teaches the humidifier of Claim 1. The outlet is formed on a bottom surface of the mid-case (0028) and would therefore have at least a portion that is in contact with the bottom surface. A virtual central axis of the outlet can be formed to be parallel to the bottom surface of the mid-case (Fig. 1 – a virtual central axis of the outlet 17 can be formed such that it is perpendicular to the direction of the exhaust air). Regarding Claim 4, Kim `738 teaches the humidifier of Claim 1. The outlet is formed on a bottom surface of the mid-case (0028) and would therefore have at least a portion that is in contact with the bottom surface. A virtual central axis of the outlet can be formed to be inclined with respect to the bottom surface of the mid-case (Fig. 1 – assuming that the direction of the exhaust air is the direction of gravity, a virtual central axis can be formed such that the outlet is bisected diagonally. The virtual central axis can then be viewed as inclined with respect to the bottom surface of the case.) 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. Claim(s) 1-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim `075 (US 20160036075 A1) in view of by Kim `738 (US 20200185738 A1). Regarding Claim 1, Kim `075 teaches a fuel cell membrane humidifier (Claim 1, Fig. 1) comprising: A humidification module configured to humidify air supplied from outside with moisture in off-gas discharged from a fuel cell stack (0005), Wherein the humidification module comprises a mid-case in which an off-gas inlet through which the off-gas is introduced and an off-gas outlet through which the off-gas is discharged are formed (0050, Fig. 1 – the housing/mid-case 101 has an inlet 104 for wet air discharged from the fuel cell stack and an outlet 105 through which wet air is discharged), and The off-gas outlet is formed on a bottom surface side of the mid-case and configured to discharge condensate generated in the humidification module to the outside (Fig. 1 – the outlet can be viewed as formed on a bottom surface of the housing/mid-case 101. As the outlet is used to discharge wet air out of the humidifier, it would also be capable of discharging condensate generated in the humidification module to the outside). Kim `075 does not teach caps coupled to both ends of the humidification module. Kim `738 teaches a fuel cell humidifier comprising caps coupled to both ends of a humidification module (Abstract; Fig. 1 – parts 20 and 30). The inlet cap has a structure (plates 110 and elastic member 120) that adjusts the cross-sectional area of the supply air and therefore the performance of the humidifier depending on the power output of the fuel cell (0040-0047). This adjustment allows for the efficiency of a fuel cell stack comprising the humidifier to increase (0048-0049). Kim `075 and Kim `738 are considered analogous to the claimed invention as they relate to the same field of endeavor, namely fuel cell humidifiers. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the humidifier of Kim `075 to comprise the caps of Kim `738 in order to increase the efficiency of a fuel cell stack comprising the humidifier. Regarding Claim 2, modified Kim `075 teaches the humidifier of Claim 1. At least a portion of the off-gas outlet is formed to come into contact with a bottom surface of the mid-case (Fig. 1 – parts 105 and 102). Regarding Claim 3, modified Kim `075 teaches the humidifier of Claim 1. At least a portion of the off-gas outlet is formed to come into contact with a bottom surface of the mid-case (Fig. 1 – parts 105 and 102). A virtual central axis can be formed such that it is parallel to the bottom surface of the mid-case (Fig. 1 – a virtual central axis of the outlet formed in the direction of the dry air flow would be parallel to the bottom surface of the mid-case). Regarding Claim 4, modified Kim `075 teaches the humidifier of Claim 1. At least a portion of the off-gas outlet is formed to come into contact with a bottom surface of the mid-case (Fig. 1 – parts 105 and 102). A virtual central axis can be formed such that it is inclined in a direction of gravity with respect to the bottom surface of the mid-case (Fig. 1 – assuming that the direction in which the outlet is protruding is the direction of gravity, a virtual central axis can be formed such that the outlet is bisected diagonally. The virtual central axis can then be viewed as inclined in the direction of gravity with respect to the bottom surface of the case). Alternatively, assuming the outlet has a cylindrical shape and the virtual central axis is an axis perpendicular to radius of the cylinder, it would have been obvious to one of ordinary skill in the art to have formed the outlet such that it extends in an inclined manner from the bottom of the case as it has been held that the change in form or shape, without any new or unexpected results, is an obvious engineering design. Regarding Claim 5, modified Kim `075 teaches the humidifier of Claim 1. A plurality of cartridges are disposed in the mid-case and are configured to accommodate a plurality of hollow fiber membranes (0058, Fig. 1 – each section of the first, second, and third division modules can be viewed as a cartridge accommodating a plurality of hollow fiber membranes 106). The plurality of cartridges comprise a first cartridge disposed closest to the off-gas inlet (Fig. 1 – the cartridges/sections of the first division module 111 are located closest to the inlet 104) and a second cartridge disposed at a position farther away than the first cartridge on at least one side of the first cartridge with respect to the off-gas inlet (Fig. 1 – one of the cartridges/sections of the second division module 112 are located farther away from the inlet than those of the first division module 111). As the second cartridge is located past the first cartridge in the direction of flow of the air, the second cartridge would have to be supplied with at least a portion of toff-gas flowing into the off-gas inlet and at least a portion of off-gas distributed by the first cartridge (Fig. 1 – flow of wet air). Regarding Claim 6, modified Kim teaches the humidifier of Claim 5. The first cartridge is shaped such that is can have the greatest first width (W1) among the plurality of cartridges (Fig. 1 – part 111). Regarding Claim 7, modified Kim teaches the humidifier of Claim 6. The second cartridge is shaped such that it has a second width (W2) that is less than a first width (W1) (Fig. 1 – part 112). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Kim (US 20180062187 A1) teaches a discharge port (part 51) that is formed at an angle with respect to the case (Fig. 6). Horiuchi (US 20200067111 A1) teaches a gas liquid separator provided integrally with a humidifier (0035). The gas liquid separator comprises a water drainage part formed in the bottom of the case at an incline (Fig. 3 – part 64). Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZIHENG LU whose telephone number is (703)756-1077. The examiner can normally be reached Monday-Friday 8:30 - 5 ET. 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, Nicholas Smith can be reached at (571) 272-8760. 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. /ZIHENG LU/Examiner, Art Unit 1752 /TIFFANY LEGETTE/Supervisory Patent Examiner, Art Unit 1723
Read full office action

Prosecution Timeline

Nov 02, 2023
Application Filed
May 18, 2026
Non-Final Rejection mailed — §102, §103
Jul 17, 2026
Response Filed
Aug 25, 2026
Final Rejection mailed — §102, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
84%
Grant Probability
99%
With Interview (+15.1%)
3y 6m (~7m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 70 resolved cases by this examiner. Grant probability derived from career allowance rate.

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