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 Objections
Claims 1, 4, and 6 are objected to because of the following informalities. Appropriate correction is required.
The limitation “assemblies [sic: are] stacked” is missing a verb.
The limitation “a plurality of membrane electrode assemblies stacked [sic: over] one another” is missing a preposition.
The limitation “wherein the plurality of membrane electrode assemblies are [sic: is]” should use a singular verb and not a plural verb.
4, 6. The phrase “comprising:” does not need a colon since only one part is listed.
Claim Rejections - 35 U.S.C. § 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.
Claims 2-8 are rejected under 35 U.S.C. § 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
2-3. It is ambiguous whether “the common flow path” is common to both first and second regions or if each region has its own common flow path due to the use of “the.” Thus this claim is indefinite.
Due to the fact that fig. 3 shows each region has its own common flow path, this is how this limitation will be interpreted for examination. If this is the case, the Examiner recommends amending to “a common flow path.”
4-8. These claims are rejected for being dependent upon a rejected claim.
Claim Rejections - 35 U.S.C. § 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 1-3 and 6-8 are rejected under 35 U.S.C. § 102(a)(1) as being anticipated by Konishi et al., JP 2003-301289 A. A machine translation was used for Konishi et al. [hereinafter Konishi].
The body of the claim is generally written with parentheses following the limitations indicating the prior art's teachings and/or examiner notes.
1. An electrochemical module (oxygen pump; Konishi title, abstract, figs. 1 & 12) comprising:
a plurality of membrane electrode assemblies stacked over one another (solid electrolyte cells 10-13; Konishi [0021], [0028], figs. 1 & 12),
the membrane electrode assemblies comprising electrolyte membranes (solid electrolyte substrates 19, 22; Konishi [0021], figs. 1 & 12), and
anodes and cathodes sandwiching the electrolyte membranes (electrode films on both surfaces of solid electrolyte substrates 19 & 22; id.),
wherein the plurality of membrane electrode assemblies is stacked in a manner that a first region where the anodes face each other and a second region where the cathodes face each other appear alternately in a stacking direction (anode surfaces 188, 189, 193, and 194 face each other’s respective anode surface thus forming a first region and so would the cathode surfaces in forming a second region; Konishi [0072], fig. 12), and
at least one of the first region and the second region includes a common flow path shared by two adjacent membrane electrode assemblies (the regions comprise a common flow path allowing gas to flow; id.).
2. The electrochemical module according to claim 1, wherein each of the first region and the second region is provided with the common flow path (rejected for similar reasons stated in the claim 1 rejection).
3. The electrochemical module according to claim 2, wherein the common flow path provided in either one of the first region and the second region is configured to allow a fluid having pressure that is increased by one pair of adjacent membrane electrode assemblies to flow therethrough (a person having ordinary skill in the art would recognize that since Konishi teaches an oxygen pump that the concentrated oxygen in common flow path in the anode region would be at a higher pressure). See Konishi figs. 1 & 12.
6. The electrochemical module according to claim 3, further comprising:
a support plate that is disposed in the common flow path provided in the other one of the first region and the second region and configured to allow a fluid having pressure lower than the fluid having increased pressure to flow, the support plate being configured to allow the fluid having lower pressure to be supplied to another pair of adjacent membrane electrode assemblies (heater plates 17 and 33 are in the common flow path allowing the lower pressure fluid in 72b to flow and supply other MEAs). See Konishi figs. 1 & 12.
7. The electrochemical module according to claim 6, wherein the support plate has a coolant flow field through which a coolant flows to cool the another pair of adjacent membrane electrode assemblies (since the flow of gases in 72a lost molecules to the concentrated oxygen, it would be a cooler temperature according to the ideal gas law thus acting as a coolant). See Konishi figs. 1 & 12.
8. The electrochemical module according to claim 6, wherein the support plate prevents electrical conduction between electrodes of the another pair of adjacent membrane electrode assemblies (the positioning of hear plates 17 and 33 provide space and thus prevents electrical conduction between electrodes). Id.
Claim Rejections - 35 U.S.C. § 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 of this title, 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 4-5 are rejected under 35 U.S.C. § 103 as being unpatentable over Konishi as applied to claim 3 previously, and further in view of Yan et al., U.S. Patent App. Pub. No. 2020/0161684 A1 [hereinafter Yan].
4. The electrochemical module according to claim 3, further comprising: a spacer disposed in the common flow path through which the fluid having increased pressure flows, wherein the one pair of adjacent membrane electrode assemblies are separated by the spacer. Yan is silent on this.
However, Yan teaches that conductive spacers provide flow pathways. Yan [0076], figs. 4-5. A person having ordinary skill in the art would also recognize that conductive mesh spacers would also ensure the pathways stay open.
Therefore, it would have been obvious with a reasonable expectation of success to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified the aforementioned prior art’s common flow path with Yan’s conductive spacers to provide flow pathways, to ensure the pathways stay open, or both.
5. The electrochemical module according to claim 4, wherein the spacer is configured to electrically connect electrodes of the one pair of adjacent membrane electrode assemblies to each other (since the spacers are conductive mesh and they touch the electrodes the spacers would electrically connect the electrodes). See Yan figs. 4-5.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Hosung Chung whose telephone number is (571) 270-7578. The examiner can normally be reached Monday-Wednesday, 9 AM - 6 PM CT.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, James Lin can be reached on (571) 272-8902. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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/HOSUNG CHUNG/Primary Examiner, Art Unit 1794
