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 7-12 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(s) 7 and 8 recites the limitation "the fixing member" in line 1. There is insufficient antecedent basis for this limitation in the claim. For the purposes of examination, “the fixing member” will be interpreted as being the same as the fixing layer recited in claim 1.
Claims 9-12 are rejected as being dependent upon rejected claim 8 or from a claim depending from rejected claim 8.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 1-12, 14, and 16 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of copending Application No. 18/260,559 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because 18/260,559 contains each and every limitation of the instant claim(s).
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Regarding claim 1, claim 1 of 18/260,559 discloses a fuel cell membrane humidifier comprising: a humidification module configured to humidify air supplied form outside with moisture in an off-gas discharged from a fuel cell stack, caps coupled to both ends of the humidification module, respectively,
Wherein the humidification module comprises: a mid-case having both open ends and a step formed on an inner circumferential surface;
at least one cartridge positioned inside the mid-case and accommodating a plurality of hollow fiber membranes;
a fixing layer in which ends of the hollow fiber membranes are potted, and supported by an inner wall of the mid-case;
a bracket supported by the step of the mid-case and being in contact with the fixing layer; and
a packing member having a groove into which an end of the mid-case is fitted (claim 1 discloses a packing member “having the open end of the mid-case fitted thereinto”, and being in contact with the bracket.
Regarding claim 2, claim 2 of 18/260,559 discloses the fuel cell membrane humidifier of claim 1, wherein the bracket and the packing member each have a single closed curve shape corresponding to a transverse section of the mid-case (claim 2 of 18/260,559 uses the word “cross-sectional” rather than “transverse”. While transverse is occasionally used to describe specifically a cut made at a 90 degree angle to a structure’s long axis, with the term “cross-section” occasionally being used as a broader term that can refer to any slice that exposes an interior view of an object, the two terms are also often used interchangeably without regard to this distinction, and the claim language is examined under the broadest reasonable interpretation as would be understood by a person of ordinary skill in the art. Therefore, it is considered that “cross-sectional” reasonably reads on “transverse”, and vice versa).
Regarding claim 3, claim 3 of 18/260,559 discloses the fuel cell membrane humidifier of claim 1, wherein the bracket has a higher hardness than the packing member.
Regarding claim 4, claim 4 of 18/260,559 discloses the fuel cell membrane humidifier of claim 1, wherein the bracket has a hardness of 60 to 100 Shore A, and the packing member has a hardness of 40 to 50 Shore A.
Regarding claim 5, claim 5 of 18/260,559 discloses the fuel cell membrane humidifier of claim 1, wherein the packing member comprises soft rubber, and the bracket comprises metal, hard plastic, or hard rubber.
Regarding claim 6, claim 6 of 18/260,559 discloses the fuel cell membrane humidifier of claim 5, wherein the packing member comprises silicone rubber or urethane rubber, and the bracket comprises polypropylene (PP), polyethylene terephthalate (PET), polystyrene (PS), polycarbonate (PC), or acrylic resin.
Regarding claim 7, claim 7 of 18/260,559 discloses the fuel cell membrane humidifier of claim 1, wherein the packing member is in contact with the fixing layer.
Regarding claim 8, claim 8 of 18/260,559 discloses the fuel cell membrane humidifier of claim 1, wherein the fixing layer includes a first fixing layer having the ends of the hollow fiber membranes potted therein; and a second fixing layer surrounding the first fixing layer and being in contact with the bracket.
Regarding claim 9, claim 9 of 18/260,559 discloses the fuel cell membrane humidifier of claim 8, wherein the first fixing layer and the second fixing layer are formed of a same material.
Regarding claim 10, claim 10 of 18/260,559 discloses the fuel cell membrane humidifier of claim 8, wherein both the first fixing layer and the second fixing layer comprise polyurethane (PU) resin.
Regarding claim 11, claim 11 of 18/260,559 discloses the fuel cell membrane humidifier of claim 8, wherein the humidification module further comprises an inner case with both ends open within the mid-case, and the hollow fiber membranes are positioned within the inner case.
Regarding claim 12, claim 12 of 18/260,559 discloses the fuel cell membrane humidifier of claim 11, wherein the end of the inner case is potted in the first fixing layer (claim 12 of 18/260,559 discloses that one of the ends of the inner case is potted in the first fixing layer).
Regarding claim 14, claim 13 of 18/260,559 discloses a fuel cell membrane humidifier comprising: a humidification module configured to humidify air supplied from the outside with moisture in an off-gas discharged from a fuel cell stack; and caps coupled to both ends of the humidification module, wherein the humidification module comprises: a mid-case having both open ends and a step formed on an inner circumferential surface, at least one cartridge positioned within the mid-case and accommodating a plurality of hollow fiber membranes; a fixing layer in which ends of the hollow fiber membranes are potted, the fixing layer being supported by an inner wall of the mid case (claim 13 discloses that the fixing layer is supported by an inner wall of the mid-case), a bracket supported by the step of the mid-case and in contact with the fixing layer; and a packing member having a groove into which an end of the mid-case is fitted, the packing member being in contact with the bracket, wherein the hollow fiber membranes comprise a first group of hollow fiber membranes and a second group of hollow fiber membranes, wherein the humidification module comprises a first inner case in which the first group of hollow fiber membranes are arranged, and a second inner case in which the second group of hollow fiber membranes are arranged, wherein the fixing layer comprises a first fixing layer in which ends of the first group of hollow fiber membranes are potted, a second fixing layer in which ends of the second group of hollow fiber membranes are potted, and a third fixing layer surrounding the first and second fixing layers and contacting the bracket.
Regarding claim 16, claim 14 of 18/260,559 discloses the fuel cell membrane humidifier of claim 14, wherein an end of the first inner case is potted in the first fixing layer, and an end of the second inner case is potted in the second fixing layer.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 1-12, 14, and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim (WO 2020262912 A1, US 20220255092 A1 is used as an English equivalent).
Regarding claim 1, Kim discloses a fuel cell membrane humidifier (abstract) comprising:
a humidification module configured to humidify air supplied from outside with moisture in off-gas discharged from a fuel stack (claim 1 of Kim); and
caps coupled to both ends of the humidification module, respectively (claim 1),
wherein the humidification module comprises:
a mid-case with both ends open and a step formed on an inner circumferential surface of the mid-case (claim 1);
at least one cartridge positioned within the mid-case and accommodating a plurality of hollow fiber membranes ([0039] discloses a cartridge inserted into the mid-case having a fixing layer with a plurality of hollow fiber membranes potted in it, therefore reading on the limitation of “accommodating a plurality of hollow fiber membranes”);
a fixing layer in which the ends of the hollow fiber membranes are potted, the fixing layer being supported by an inner wall of the mid-case ([0119] discloses a first fixing layer 2122-1’ and a second fixing layer 2122-2’, while [0120] discloses mid-case 2110. [0037] discloses ends of the second group of hollow fiber membranes are potted in the second fixing layer. As can be seen in fig. 2, at least the second fixing layer is supported by an inner wall of the mid-case);
a bracket supported by the step of the mid-case and in contact with the fixing layer (claim 1); and
a packing member having a groove into which an end of the mid-case is fitted, the packing member being in contact with the bracket.
Regarding claim 2, Kim discloses the fuel cell membrane humidifier of claim 1, wherein the bracket and the packing member each have a single closed curve shape corresponding to a transverse section of the mid-case (claim 4 of Kim, fig. 2).
Regarding claim 3, Kim discloses the fuel cell membrane humidifier of claim 1, wherein the backet as a higher hardness than the packing member (claim 5 of Kim).
Regarding claim 4, Kim discloses the fuel cell membrane humidifier of claim 3, wherein the bracket has a hardness of 60 to 100 Shore A, and the packing member has a hardness of 40 to 50 Shore A (claim 6 of Kim).
Regarding claim 5, Kim discloses the fuel cell membrane humidifier of claim 1, wherein the packing member comprises soft rubber, and the bracket comprises metal, hard plastic, or hard rubber (claim 7 of Kim).
Regarding claim 6, Kim discloses the fuel cell membrane humidifier of claim 5, wherein the packing member comprises silicone rubber or urethane rubber, and the bracket comprises polypropylene (PP), polyethylene terephthalate (PET), polystyrene (PS), polycarbonate (PC), or acrylic resin (claim 8 of Kim).
Regarding claim 7, Kim discloses the fuel cell membrane humidifier of claim 1, wherein the packing member is in contact with the fixing member (claim 9).
Regarding claim 8, Kim discloses the fuel cell membrane humidifier of claim 1, wherein the fixing member comprises a first fixing layer in which ends of the hollow fiber membranes are potted; and a second fixing layer surrounding the first fixing layer and contacting the bracket (claim 10 of Kim).
Regarding claim 9, Kim discloses the fuel cell membrane humidifier of claim 8, wherein the first fixing layer and the second fixing layer are formed of a same material (claim 11 of Kim).
Regarding claim 10, Kim discloses the fuel cell membrane humidifier of claim 8, wherein both the first fixing layer and the second fixing layer comprise polyurethane (PU) resin (claim 12 of Kim).
Regarding claim 11, Kim discloses the fuel cell membrane humidifier of claim 8, wherein the humidification module further comprises an inner case with both ends open within the mid-case, and the hollow fiber membranes are positioned within the inner case (claim 13 of Kim).
Regarding claim 12, Kim discloses the fuel cell membrane humidifier of claim 11, wherein the end of the inner case is potted in the first fixing layer (claim 14 of Kim).
Regarding claim 14, Kim discloses a fuel cell membrane humidifier comprising: a humidification module configured to humidify air supplied from outside with moisture in off-gas discharged from a fuel cell stack; and
caps coupled to both ends of the humidification module, respectively,
wherein the humidification module comprises:
a mid-case with both ends open and a step formed on an inner circumferential surface of the mid-case;
at least one cartridge positioned within the mid-case and accommodating a plurality of hollow fiber membranes;
a fixing layer in which ends of the hollow fiber membranes are potted, the fixing layer being supported by an inner wall of the mid-case;
a bracket supported by the step of the mid-case and in contact with the fixing layer; and
a packing member having a groove into which an end of the mid-case is fitted, the packing member being in contact with the bracket,
wherein the hollow fiber membranes comprise a first group of hollow fiber membranes and a second group of hollow fiber membranes,
wherein the humidification module comprises
a first inner case in which the first group of hollow fiber membranes are arranged, and
a second inner case in which the second group of hollow fiber membranes are arranged, and wherein the fixing layer comprises a first fixing layer in which ends of the first group of hollow fiber membranes are potted, a second fixing layer in which ends of the second group of hollow fiber membranes are potted, and a
third fixing layer surrounding the first and second fixing layers and contacting the bracket (see claim 15 of Kim, for the Limitations concerning the Cartridge, see claim 17 of Kim).
Regarding claim 16, Kim discloses the fuel cell membrane humidifier of claim 14, wherein an end of the first inner case is potted in the first fixing layer, and an end of the second inner case is potted in the second fixing layer (claim 16 of Kim).
Claim(s) 1-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kawabata (JP 2004202478 A, a machine translation from PE2E is used as an English equivalent), in view of Kobayashi (US 20160193570 A1).
Regarding claim 1, Kawabata discloses a fuel cell membrane humidifier ([0046] discloses a humidifier for a fuel cell) comprising:
a humidification module configured to humidify air supplied from outside with moisture in off-gas discharged from a fuel cell stack ([0046] describes a membrane module used as a humidifier for humidifying a gas in a fuel cell, see also [0003]); and
caps coupled to both ends of the humidification module, respectively ([0040] discloses a first cover 22 and second cover 23 corresponding to the claimed caps, the first and second cover are also visible in fig. 11),
wherein the humidification module comprises:
at least one cartridge positioned within the mid-case and accommodating a plurality of hollow fiber membranes (abstract discloses first partition plate 31 and second partition plate 32 that can be considered the claimed cartridge, visible in fig. 11. Abstract discloses a hollow fiber membrane bundle, and abstract and fig. 11 disclose that the hollow fiber membrane bundle is provided between the first and second partition plate, which reasonably reads on the limitation of a cartridge accommodating a plurality of hollow fiber membranes);
a fixing layer in which ends of the hollow fiber membranes are potted ([0037] discloses epoxy potting layers 51 and 53 corresponding to the claimed fixing layer which firmly fixes the hollow fiber membranes. The fixing layer is visible in fig. 11, where it can be seen that the ends of the hollow fiber membranes are potted therein, thus reading on the claimed limitation), the fixing layer being supported by an inner wall of the mid case (case body 21, see fig. 11).
Kawabata does not disclose a mid-case with both open ends and a step formed on an inner circumferential surface, a bracket supported by the step of the mid case and being in contact with the fixing layer, and a packing member including a groove having the ends of the mid-case fitted thereinto and being in contact with a bracket. However, these features were known in the art before the effective filing date of the claimed invention and would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include in the invention of Kawabata.
For example, Kobayashi discloses a cartridge-type hollow fiber membrane module (title) comprising a mid-case with both open ends ([0122] discloses housing body 3, see also fig. 7, where it can also be seen that the ends of the mid-case are open), caps 4 and 5 (see fig. 6), fixing layers ([0078] discloses inner potting part 11A and outer potting part 11B, see fig 7), a plurality of hollow fiber membranes ([0072] discloses hollow-fiber membrane bundle 2, visible in fig. 7) potted in the fixing layer (abstract, fig. 7). Kobayashi further discloses a step formed on an inner circumferential surface of the mid case, as well as a flange 9A corresponding to the claimed bracket, the bracket being supported by the aforementioned step and in contact with the fixing layer. This can be seen in annotated fig. 7 provided below, which indicates the step, bracket, and fixing layer. Kobayashi also discloses a gasket 17 [0067] corresponding to the claimed packing member, which can be seen in fig. 7 and is indicated in annotated fig. 7, the packing member having a groove into which the end of the mid-case is fitted, the packing member being in contact with the bracket ([0067] discloses the gasket/packing member used to fix the caps to the house body/mid-case, reading on the claimed limitation of a groove into which an end of the mid-case is fitted and being in contact with the bracket).
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Kawabata and Kobayashi are analogous to the claimed invention as both are in the field of hollow fiber membrane humidifiers. Kobayashi discloses that the bracket, packing member, and other sealing materials may be of any material having sufficient properties such as heat resistance and chemical durability. As a result, it therefore would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention, based on the known design of Kobayashi, to include the bracket and packing member in the fuel cell humidifier of Kawabata, using materials which exhibit heat resistance and chemical durability to improve those characteristics. Such a configuration would result in the claimed step and groove as well, satisfying the limitations of the claimed invention.
Regarding claim 2, modified Kawabata discloses the fuel cell membrane humidifier of claim 1, wherein teach of the bracket and the packing member has a single closed curve shape corresponding to a transverse section of the mid-case (see Kobayashi, [0122] and fig. 7 above).
Regarding claim 3 and claim 4, modified Kawabata discloses the fuel cell membrane of claim 1, but does not explicitly disclose that the hardness of the bracket is higher than the hardness of the packing member, or that the bracket has a hardness of 60-100 Shore A while the packing member has a hardness of 40-50 Shore A.
However, the hardness of the bracket or packing member is an inherent property of the material of said bracket/packing member. The instant specification discloses that the packing member may include, for example, soft rubber (pg. 5, line 7), while the bracket may include, for example, polypropylene (pg. 5, line 11). Kobayashi teaches a silicone rubber gasket packing member [0111] and a polypropylene bracket [0112].
In this case, because the silicon rubber packing material and polypropylene gasket are substantially similar to the to the rubber or polypropylene included in the instant gasket and packing member, a prima facie case of obviousness exists that gasket and packing member of modified Kawabata would reasonably possess the claimed limitations regarding hardness. Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977). "When the PTO shows a sound basis for believing that the products of the applicant and the prior art are the same, the applicant has the burden of showing that they are not." See MPEP § 2112- 2112.02.
Regarding claim 5 and claim 6, modified Kawabata discloses the fuel cell membrane humidifier of claim 1, wherein the packing member includes soft rubber (further specified in claim 6 as silicon rubber or urethane rubber) (Kobayashi, [0111]), and the bracket comprises metal, hard plastic, or hard rubber (further specified in claim 6 as polypropylene, polyethylene terephthalate, polystyrene, polycarbonate, or acrylic resin) [0112].
Regarding claim 7, modified Kawabata discloses the fuel cell membrane humidifier of claim 1, wherein the packing member is in contact with the fixing layer (see fig. 7 and annotated fig. 7 of Kobayashi above).
Regarding claim 8, modified Kawabata discloses the fuel cell membrane humidifier of claim 1, wherein fixing layer comprises a first fixing layer in which ends of the hollow fiber membrane are potted (see fig. 7 and abstract of Kobayashi), and a second fixing layer surrounding the first and contacting the bracket (fixing layer 11A is the first fixing layer, and fixing layer 11B is the second fixing layer. See fig. 7 and annotated fig. 7 above).
Regarding claim 9 and claim 10, modified Kawabata discloses the fuel cell membrane humidifier of claim 8, wherein the first fixing layer and the second fixing layer are formed of a same material, wherein both the first and second fixing layer include a polyurethane resin ([0092] of Kobayashi discloses that the potting material for the first and second fixing layer (inner and outer potting part) may be any type so long as it has sufficient properties, and further discloses that it is preferable to use a polyurethane resin, which is excellent in adhesion to hollow fiber membranes, heat resistance, and chemical durability. As a result, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to select a polyurethane resin for the first and second fixing layer for at least the above reasons, satisfying the limitations of claim 9 and claim 10).
Regarding claim 11, modified Kawabata discloses the fuel cell membrane humidifier of claim 8, wherein the humidification module an inner case (in this case, first partition plate 31 and second partition plate 32 of Kawabata can be considered to define the claimed inner case, see claim 11) with both ends open within the mid-case (fig. 11), and
the hollow fiber membranes are positioned within the inner case (as can be seen in fig. 11, the plurality of hollow fiber membranes are positioned in the space defined by the first and second partition plate 31 and 32).
Regarding claim 12, modified Kawabata discloses the fuel cell membrane humidifier of claim 11, wherein the end of the inner case is potted in the first fixing layer (inner silicon potting layer 54 of Kawabata, see fig. 11).
Claim(s) 14 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kawabata (JP 2004202478 A, a machine translation from PE2E is used as an English equivalent), in view of Kobayashi (US 20160193570 A1), and further in view of Lee (KR 20210007732 A, a machine translation from Espacenet is used as an English equivalent)
Regarding claim 14, Kawabata discloses a fuel cell membrane humidifier [0046] comprising: a humidification module configured to humidify air supplied from outside with moisture in an off-gas discharged from a fuel cell stack ([0046] describes a membrane module used as a humidifier for humidifying a gas in a fuel cell, see also [0003]); and
caps coupled to both ends of the humidification module, respectively ([0040] discloses a first cover 22 and second cover 23 corresponding to the claimed caps, the first and second cover are also visible in fig. 11),
wherein the humidification module comprises:
at least one cartridge positioned within the mid-case and accommodating a plurality of hollow fiber membranes (abstract discloses first partition plate 31 and second partition plate 32 that can be considered the claimed cartridge, visible in fig. 11. Abstract discloses a hollow fiber membrane bundle, and abstract and fig. 11 disclose that the hollow fiber membrane bundle is provided between the first and second partition plate, which reasonably reads on the limitation of a cartridge accommodating a plurality of hollow fiber membranes);
a fixing layer in which ends of the hollow fiber membranes are potted ([0037] discloses epoxy potting layers 51 and 53 corresponding to the claimed fixing layer which firmly fixes the hollow fiber membranes. The fixing layer is visible in fig. 11, where it can be seen that the ends of the hollow fiber membranes are potted therein, thus reading on the claimed limitation), the fixing layer being supported by an inner wall of the mid case (case body 21, see fig. 11).
Kawabata does not disclose a mid-case with both open ends and a step formed on an inner circumferential surface, a bracket supported by the step of the mid case and being in contact with the fixing layer, and a packing member including a groove having the ends of the mid-case fitted thereinto and being in contact with a bracket. However, these features were known in the art before the effective filing date of the claimed invention and would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include in the invention of Kawabata.
For example, Kobayashi discloses a cartridge-type hollow fiber membrane module (title) comprising a mid-case with both open ends ([0122] discloses housing body 3, see also fig. 7, where it can also be seen that the ends of the mid-case are open), caps 4 and 5 (see fig. 6), fixing layers ([0078] discloses inner potting part 11A and outer potting part 11B, see fig 7), a plurality of hollow fiber membranes ([0072] discloses hollow-fiber membrane bundle 2, visible in fig. 7) potted in the fixing layer (abstract, fig. 7). Kobayashi further discloses a step formed on an inner circumferential surface of the mid case, as well as a flange 9A corresponding to the claimed bracket, the bracket being supported by the aforementioned step and in contact with the fixing layer. This can be seen in annotated fig. 7 provided below, which indicates the step, bracket, and fixing layer. Kobayashi also discloses a gasket 17 [0067] corresponding to the claimed packing member, which can be seen in fig. 7 and is indicated in annotated fig. 7, the packing member having a groove into which the end of the mid-case is fitted, the packing member being in contact with the bracket ([0067] discloses the gasket/packing member used to fix the caps to the house body/mid-case, reading on the claimed limitation of a groove into which an end of the mid-case is fitted and being in contact with the bracket).
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Kawabata and Kobayashi are analogous to the claimed invention as both are in the field of hollow fiber membrane humidifiers. Kobayashi discloses that the bracket, packing member, and other sealing materials may be of any material having sufficient properties such as heat resistance and chemical durability. As a result, it therefore would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention, based on the known design of Kobayashi, to include the bracket and packing member in the fuel cell humidifier of Kawabata, using materials which exhibit heat resistance and chemical durability to improve those characteristics. Such a configuration would result in the claimed step and groove as well, satisfying these limitations of the claimed invention.
Modified Kawabata does not disclose a configuration wherein the hollow fiber membranes include a first and second group of hollow fiber membranes, the humidification module including a first inner case having the first group of hollow fiber membranes disposed therein, and a second case having the second group of hollow fiber membranes disposed therein, and the fixing layer includes a first fixing layer having ends of the first group of hollow fiber membranes potted therein; a second fixing layer having ends of the second group of hollow fiber membranes potted therein; and a third fixing layer surrounding the first and second fixing layers and being in contact with the bracket. However, these are all features that were known in the art before the effective filing date of the claimed invention and would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention.
For example, Lee discloses a fuel cell membrane humidifier [0001] including a hollow fiber membrane (see [0089]-[0090], which discloses a humidifying membrane 124 formed as a hollow fiber membrane fixed by a potting material inside a cartridge case), a humidification membrane cartridge 120 [0093], and mid-case (housing 110 can be considered the claimed mid-case, see fig. 3). Lee further discloses a first and second group of hollow fiber membranes ([0090] discloses a humidifying membrane 124 formed as a hollow fiber membrane, and one end (inlet end) and the other end (outlet end) being fixed by a potting material (fixing layer) inside the cartridge case. As can be seen by in fig. 4 and fig. 3, a plurality of humidifying membranes, each with a separate fixing layer, are present in the humidifier, thus reading on a first and second group of hollow fiber membranes). Lee discloses a first inner case ([0084] discloses cartridge case 122, see fig. 3) having a first group of hollow fiber membranes and a second inner case having a second group of hollow fiber membranes. This can be seen in fig. 3. An annotated version of fig. 3 is provided below.
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The potting material present in the first inner case forms the first fixing layer, and the potting material present in the second inner case forms the second fixing layer. Lee also discloses a third fixing layer formed from surrounding potting material formed around the first and second fixing layers (see [0108], which discloses a potting material surrounding the perimeter of the humidifying membrane cartridge).
Lee discloses that this configuration results in improved humidification efficiency and performance of the humidifier for fuel cells [0019]. As a result, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to implement the humidification module structure of Lee in the invention of modified Kawabata to obtained improved humidification efficiency by the introduction of additional humidifying membranes, and doing so would result in a fuel cell membrane humidifier according to the instant claim 14.
Regarding claim 16, modified Kawabata discloses the fuel cell membrane humidifier of claim 14, wherein an end of the first inner case is potted in the first fixing layer, and an end of the second inner case is potted in the second fixing layer (see above claim 14 rejection, annotated fig. 3).
Allowable Subject Matter
Claim 13 and 15 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 reason for this is that none of the prior art references relied upon for rejection, nor any other found prior art, discloses a protruding member formed on the inner wall of the packing member, the protruding member fitted into the fixing layer and suppressing vibrations generated in the cartridge by air flowing inside the humidification module. Use of a protruding member to suppress vibrations is known in the art. For example, Kobayashi discloses an O-ring 16 that can reasonable be interpreted as a protruding member, with [0129] disclosing that the O-ring fixes the cylindrical case to the housing body liquid-tightly and air-tightly, which would reasonably have the effect of dampening vibrations between the case and the housing body. Or Eping (US 20090108476 A1) which discloses a humidifier (title) containing an elastomeric body 32 which is explicitly used primarily for vibration damping [0023] and could reasonably be considered a protruding member. Elastomeric body 32 is visible in fig. 1, which is provided below.
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However, neither Kobayashi nor Eping discloses a protruding member which is formed on the inner wall of the packing member and fitted into the fixing layer. Additionally, no reference has been found which discloses or renders obvious, either alone or in combination with Eping, Kobayashi, or any other found prior art reference, positioning a protruding member on the inner wall of the packing member while being fitted into the fixing layer. As a result, claims 13 and 15 have been found to be allowable.
Conclusion
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/ZACKARY RICHARD COCHENOUR/ Examiner, Art Unit 1752
/Maria Laios/ Primary Examiner, Art Unit 1727
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