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 § 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 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Suzuki US20010010872A1.
Regarding claim 1, Suzuki discloses a humidifier (Suzuki, [0020]) comprising:
a humidification unit (Suzuki, Fig. 1, humidification unit) that provides, for dry air (Suzuki, Fig. 1, Ad) to be supplied to a fuel cell battery (Suzuki, [0040]), moisture of moisture-containing air (Suzuki, Fig. 1, OAw) sent out from the fuel cell battery (Suzuki, Fig. 1, 1),
a dry side flow path (Suzuki, Fig. 1, flow path for Ad) that is connected to the humidification unit (Suzuki, Fig. 1, element 3) and through which the dry air flows (Suzuki, [0020]),
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a dehumidified side flow path (Suzuki, Fig. 1, OAd) that is connected to the humidification unit (Suzuki, Fig. 1, element 3) and through which dehumidified air flows (Suzuki, [0042]), the dehumidified air being generated by dehumidifying the moisture-containing air by the humidification unit (Suzuki, [0042]),
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a case that accommodates the humidification unit (Suzuki, Fig. 1, case) and includes an inflow port into which the dry air flows (Suzuki, Fig. 1, where Ad connects to the case) and an outflow port from which the dehumidified air flows out (Suzuki, Fig. 1, where OAd connects to the case),
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a bypass flow path (Suzuki, annotated Fig. 1, bypass flow path) that connects the dry side flow path (Suzuki, Fig. 1, Ad) to the dehumidified side flow path (Suzuki, Fig. 1, OAd), the examiner notes that Ad is connected to OAd via the bypass flow path, satisfying the limitation
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and a switching valve (Suzuki, Fig. 1, 6) that can switch the dry air flowing through the dry side flow path (Suzuki, [0044], closed), to one of the humidification unit and the bypass flow path (Suzuki, [0044], open),
wherein a part of the bypass flow path is provided at the case (Suzuki, annotated Fig. 1, bypass flow path, 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.
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) 4 and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Suzuki US20010010872A1.
Regarding claim 4, Suzuki in the embodiment above does not disclose wherein an intake control valve is provided on a downstream side of the switching valve, the intake control valve being able to select one of the humidification unit and the fuel cell battery and supply the dry air to the selected humidification unit or fuel cell battery.
In another embodiment, Suzuki teaches wherein an intake control valve (Suzuki, Fig. 3-5, 44) is provided on a downstream side of a switching valve (Suzuki, Fig. 3-5, 41), the intake control valve being able to select one of the humidification unit (Suzuki, Fig. 3, 44, closed) and the fuel cell battery (Suzuki, Fig. 4, 44, open) and supply the dry air to the selected humidification unit or fuel cell battery (Suzuki, Fig. 4, 1, Ad2). Therefore it would be obvious to the skilled artisan before the effective filing date of the claimed invention to add the intake control valve of this embodiment of Suzuki to the device disclosed by Suzuki, thereby resolving the problem of clogging (Suzuki, [0070]).
Regarding claim 6, Suzuki discloses wherein the switching valve (Suzuki, Fig. 1, 6) is configured in such a way as to be able to select one of the humidification unit and the bypass flow path (Suzuki, [0044], open) and switch the dry air flowing in the dry side flow path (Suzuki, [0044], closed), to the selected humidification unit, or bypass flow path (Suzuki, [0044], open). Suzuki in the embodiment above does not disclose wherein the switching valve is configured in such a way as to be able to select the fuel cell battery path and switch the dry air flowing in the dry side flow path, to the selected fuel cell battery.
In another embodiment, Suzuki teaches wherein the switching valve (Suzuki, Fig. 3, 41) is configured in such a way as to be able to select one of the humidification unit (Suzuki, Fig. 1, 3) or the fuel cell battery path (Suzuki, Fig. 3, 7) and switch the dry air flowing in the dry side flow path, to the selected one of the humidification unit (Suzuki, [0060]) or fuel cell battery (Suzuki, [0065-0066]). Therefore it would be obvious to the skilled artisan before the effective filing date of the claimed invention to add the switching valve of this embodiment of Suzuki to the device disclosed by Suzuki, thereby resolving the problem of clogging (Suzuki, [0070]).
Claim(s) 2-3, 5 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Suzuki US20010010872A1 in view of Skala US20080102335A1 and Kim US20160036073A1.
Regarding claim 2, Suzuki does not disclose wherein the case includes: a case body that is supported by an end plate of the fuel cell battery and accommodates the humidification unit; and an outer wall that is included in the case body and that is arranged on an opposite side of the end plate, and the bypass flow path is provided on an outer surface of the outer wall.
Skala teaches wherein the case (Skala, Fig. 2, housing of 46) includes: a case body (Skala, Fig. 2, body of housing of 46) that is supported by an end plate of the fuel cell battery (Skala, Fig. 2, 48) and accommodates the humidification unit (Skala, Fig. 3, 60 accommodated in 46), and an outer wall that is included in the case body and that is arranged on an opposite side of the end plate (Skala, Fig. 3, outer wall in case body of 46 and opposite 48). Therefore it would be obvious to the skilled artisan before the effective filing date of the claimed invention to modify the case disclosed by Suzuki such that the case is supported, as taught by Skala, so that the entire thermal mass is stable (Skala, [0025]). Suzuki as modified by Skala does not teach wherein the bypass flow path is provided on an outer surface of the outer wall.
Kim teaches wherein the bypass flow path (Kim, Fig. 7, 150) is provided on an outer surface of the outer wall (Kim, Fig. 7, 130). Therefore it would be obvious to the skilled artisan before the effective filing date of the claimed invention to modify the device taught by Suzuki as modified by Skala by providing the bypass flow path on an outer surface of the outer wall, as taught by Kim, thereby facilitating connection of valves according to engineering design (Kim, [0071]).
Regarding claim 3, modified Suzuki additionally teaches wherein an intake portion (Suzuki, Fig. 1, 7 on the right-hand side), the intake portion being provided between the inflow port (Suzuki, Fig. 1, Ad) and the dry side flow path (Suzuki, Fig. 1, as reasonably suggested by Fig. 1, where Ad connects to the outline of element 3) and sending the dry air to the humidification unit (Suzuki, [0020]),
a supply portion (Suzuki, Fig. 1, 7 on the left-hand side), the supply portion supplying, to the fuel cell battery, humidified air generated by the humidification unit humidifying the dry air sent from the intake portion (Suzuki, [0040]),
a reception portion (Suzuki, Fig. 1, 8 on the left-hand side), the reception portion receiving the moisture-containing air sent out from the fuel cell battery and sending the received moisture-containing air to the humidification unit (Suzuki, [0037]), and
a discharge portion (Suzuki, Fig. 1, 8 on the right-hand side), the discharge portion discharging, to the dehumidified side flow path (Suzuki, Fig. 1, OAd), the dehumidified air generated by the humidification unit extracting moisture of the moisture-containing air sent from the reception portion (Suzuki, [0042]), are formed at outer walls in such a way as to protrude outward (Suzuki, Fig. 1, outer walls of 3). Modified Suzuki does not explicitly teach an intake portion, a supply portion, a reception portion, and a discharge portion are formed at the outer wall in such a way as to protrude outward, and the bypass flow path is arranged in a concave space surrounded by the intake portion, the supply portion, the reception portion, and the discharge portion.
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Skala teaches wherein the intake portion (Skala, Fig. 3, 80) is formed at the outer wall (Skala, Fig. 3, outer wall) in such a way as to protrude outward (Skala, Fig. 3, 80, outer wall in case body of 46 and opposite 48).
Therefore it would be obvious to the skilled artisan before the effective filing date of the claimed invention to modify the device taught by modified Suzuki by forming the intake portion in the outer wall as taught by Skala so that the entire thermal mass is stable (Skala, [0025]), as Skala teaches various changes, modifications and variations can be made by the skilled artisan (Skala, [0030]). Modified Suzuki as modified by Skala does not teach a supply portion, a reception portion, and a discharge portion are formed at the outer wall in such a way as to protrude outward, and the bypass flow path is arranged in a concave space surrounded by the intake portion, the supply portion, the reception portion, and the discharge portion.
Kim teaches wherein the discharge portion (Kim, Fig. 7, 133) is formed at the outer wall (Kim, Fig. 7, 130) in such a way as to protrude outward (Kim, Fig. 7, 133) and the bypass flow path (Kim, Fig. 7, 155) is arranged in a concave space (Kim, Fig. 7, concave inner space of 130) surrounded by the intake portion (Kim, Fig. 7, 131), the supply portion (Kim, Fig. 7, 123), the reception portion (Kim, Fig. 7, 121), and the discharge portion (Kim, Fig. 7, 133).Therefore it would be obvious to the skilled artisan to modify the device as taught by modified Suzuki as modified by Skala such that bypass flow path in a concave space, surrounded by the intake portion, the supply portion, the reception portion, and the discharge portion thereby facilitating connection of valves according to engineering design (Kim, [0071]) as Kim teaches various modifications and equivalent arrangements of the humidifier are within the ambit of the skilled artisan (Kim, [0084]) and it would be a simple rearrangement of parts to position the supply portion, a reception portion, discharge portion such that it was formed at the outer wall which would not modify the operation of the device, that of humidifying gas which is supplied to the fuel cell (Suzuki, [0019-0020]; Kim, [0002]). See MPEP § 2144.04.
Regarding claim 5, modified Suzuki in the embodiment above does not teach wherein an intake control valve is provided on a downstream side of the switching valve, the intake control valve being able to select one of the humidification unit and the fuel cell battery and supply the dry air to the selected humidification unit or fuel cell battery.
In another embodiment, Suzuki teaches wherein an intake control valve (Suzuki, Fig. 3-5, 44) is provided on a downstream side of a switching valve (Suzuki, Fig. 3-5, 41), the intake control valve being able to select one of the humidification unit (Suzuki, Fig. 3, 44, closed) and the fuel cell battery (Suzuki, Fig. 4, 44, open) and supply the dry air to the selected humidification unit or fuel cell battery (Suzuki, Fig. 4, 1, Ad2). Therefore it would be obvious to the skilled artisan before the effective filing date of the claimed invention to add the intake control valve of this embodiment of Suzuki to the device disclosed by Suzuki, thereby resolving the problem of clogging (Suzuki, [0070]).
Regarding claim 7, modified Suzuki teaches wherein the switching valve (Suzuki, Fig. 1, 6) is configured in such a way as to be able to select one of the humidification unit and the bypass flow path (Suzuki, [0044], open) and switch the dry air flowing in the dry side flow path (Suzuki, [0044], closed), to the selected humidification unit, or bypass flow path (Suzuki, [0044], open). Suzuki in the embodiment above does not disclose wherein the switching valve is configured in such a way as to be able to select the fuel cell battery path and switch the dry air flowing in the dry side flow path, to the selected fuel cell battery.
In another embodiment, Suzuki teaches wherein the switching valve (Suzuki, Fig. 3, 41) is configured in such a way as to be able to select one of the humidification unit (Suzuki, Fig. 1, 3) or the fuel cell battery path (Suzuki, Fig. 3, 7) and switch the dry air flowing in the dry side flow path, to the selected one of the humidification unit (Suzuki, [0060]) or fuel cell battery (Suzuki, [0065-0066]). Therefore it would be obvious to the skilled artisan before the effective filing date of the claimed invention to add the switching valve of this embodiment of Suzuki to the device disclosed by Suzuki, thereby resolving the problem of clogging (Suzuki, [0070]).
Conclusion
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tiffany Legette can be reached at 571-270-7078. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JARED HANSEN/Examiner, Art Unit 1723 /TIFFANY LEGETTE/Supervisory Patent Examiner, Art Unit 1723
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