Prosecution Insights
Last updated: October 23, 2026
Application No. 18/861,856

HUMIDIFICATION ELEMENT AND HUMIDIFIER

Non-Final OA §102§103
Filed
Oct 30, 2024
Priority
Jun 15, 2022 — JP 2022-096880 +2 more
Examiner
BUSHEY, CHARLES S
Art Unit
1776
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Daikin Industries Ltd.
OA Round
1 (Non-Final)
76%
Grant Probability
Favorable
1-2
OA Rounds
8m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allowance Rate
771 granted / 1019 resolved
+10.7% vs TC avg
Strong +22% interview lift
Without
With
+22.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
29 currently pending
Career history
1051
Total Applications
across all art units

Statute-Specific Performance

§101
2.3%
-37.7% vs TC avg
§103
39.1%
-0.9% vs TC avg
§102
27.3%
-12.7% vs TC avg
§112
28.4%
-11.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1019 resolved cases

Office Action

§102 §103
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 disclosure is objected to because of the following informalities: Applicant should delete paragraphs [0111] and [0112] from the end of the specification, since paragraph [0111] is simply a repeat of the application claims with the word claim replaced by the word appendix, and paragraph [0112] simply provides a listing of the reference numerals found in the drawing, which should be included within the detailed description of the preferred embodiment of the invention. Appropriate correction is required. 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. Claims 1-3, and 8-15 are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by Kusunose et al. Kusunose et al (Figs. 1, 3, 4(d); paragraphs [0002], [0031], [0048], [0052]-[0059], [0068], [0082]-[0085]), as cited by applicant on the IDS filed on February 7, 2025, discloses a humidification element comprising: a laminate including a porous reinforcing material (protective sheet as a reinforcing layer in [0055]) and a moisture permeable membrane laminated on at least one surface of the porous reinforcing material (see [0056], “Protective sheeting may be laminated to one or both sides of the waterproof/moisture permeable membrane”), and a frame (11, 11A, 11B), wherein the laminate is disposed on an air passage side of the frame (see Figs. 3, 4(d)), as recited by instant claim 1. Whereas the protective (reinforcing) sheet may be laminated to both sides of the membrane, it will meet the limitation of instant claim 3, since the membrane is disposed on the frame side of at least one of the protective (reinforcing material) sheets. With regard to claim 2, laminate forms a bag shaped water holding container in such a manner as to cover the air passage side of the frame, as shown by Fig. 4(d) and disclosed by paragraph [0048]. Paragraph [0053] discloses that the membrane is a hydrophilic porous membrane, as recited by instant claim 8, while paragraphs [0052] and [0059] establish that the membrane and protective sheet (porous reinforcing material) have different thicknesses, as set forth by instant claim 9. At least paragraph [0031] discloses that the membrane laminate and frame are bonded by an adhesive, as set forth by instant claims 10 and 11. Paragraphs [0053]-[0054] establish that the membrane is coated, which will cover at least one surface of the reinforcing material that is laminated to the membrane on one or both sides of the membrane, thereby anticipating instant claim 12. With regard to claims 13-15, the reference clearly teaches that the humidification element is used within a humidifier that may also be incorporated into an air conditioning system, which is anticipatory of the ventilator of instant claim 15 by way of the inclusion of the forced air fan of the AC system (see paragraphs [0082]-[0085]). 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. 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. Claims 4-7 are rejected under 35 U.S.C. 103 as being unpatentable over Kusunose et al taken together with JP 2001-174008 A. Kusunose et al (Figs. 1, 3, 4(d); paragraphs [0002], [0031], [0048], [0052]-[0059], [0068], [0082]-[0085]) as applied above, substantially disclose applicant’s invention as recited by instant claims 4-7, except for the moisture permeable membrane being a non-porous membrane, as set forth by instant claim 4; the non-porous membrane contains a thermoplastic resin with cationic moiety with a group containing or capable of forming an ammonium ion, as recited by instant claim 5; the non-porous membrane contains a thermoplastic resin including a hydrophilic moiety with a hydrogen or methyl group on a polymer chain, as shown by the formula in claim 6; and the non-porous membrane contains a thermoplastic resin including a hydrophobic moiety with a hydrogen or methyl group, and an alkyl group of 1 or 2 carbons on an aromatic component on a polymer chain, and/or a hydrogen or methyl group, and a branched alkyl group of 3 or more carbons on a polymer chain as shown by the formulas in claim 7. JP 2001-174008 A (Figs. 1, 2, 4-6; paragraphs [0021]-[0023], [0026] of the English translation), as cited by applicant on the IDS filed February 7, 2025, discloses a humidification element similar to that of Kusunose et al, wherein the moisture permeable membrane may be in the form of a porous or non-porous thermoplastic resin having hydrophilic and hydrophobic moieties (see paragraphs [0021]-[0023], [0026]). Regarding claim 4, wherein JP ‘008 establishes an equivalency between the use of porous and non-porous membranes within humidification elements, it would have been obvious for an artisan at the time of the filing of the application, to substitute a non-porous membrane for the porous membrane elements of Kusunose et al, in view of JP ‘008, since such would provide a more reliable vapor transfer device without the issue of liquid water leakage through the device. With respect to instant claim 5, it is noted that Kusunose et al discloses thermoplastic resin membrane having an ammonium ion (see paragraph [0054] of Kusunose et al), and as such it would have been obvious for an artisan at the time of the filing of the application, to provide the non-porous membrane of JP ‘008 with an ammonium ion attached thereto. With respect to instant claims 6 and 7, wherein the references each disclose a tremendous group of possible thermoplastic resins, containing both hydrophilic and hydrophobic moieties, absent an unexpected showing of criticality, one having ordinary skill in the art at the time of the filing of the application, would have found it to have been obvious to arrive at a useable thermoplastic resin having the desired properties for performing the humidification of an air stream by way of routine experimentation based upon the overall disclosures of the applied references of the reference combination applied herein. Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Kusunose et al. Kusunose et al (Figs. 1, 3, 4(d); paragraphs [0002], [0031], [0048], [0052]-[0059], [0068], [0082]-[0085]) as applied above substantially disclose applicant’s invention as recited by instant claim 16, except for the humidifier being used within an air purifier. It is noted that Kusunose et al (paragraphs [0082]-[0085]) clearly teaches the use of the humidifier thereof within an air conditioner system as would be used within an office building or household. While the reference fails to disclose that the system would include an air filter to provide air purification during the operation of the air conditioner system, one having ordinary skill in the art would know that such a system will always include one or more air filters to purify the air as it moves through the system under the influence of a forced air fan or blower. As such, it would have been obvious for an artisan at the time of the filing of the application, to provide the humidifier within the air conditioning system with an air filter element, to thus satisfy the requirement of instant claim 16 that the humidifier be used within an air purifier. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLES S BUSHEY whose telephone number is (571)272-1153. The examiner can normally be reached M-Th 6:30-5:00. 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, Jennifer Dieterle can be reached at 571-270-7872. 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. /C.S.B/9-24-26 /CHARLES S BUSHEY/ Primary Examiner, Art Unit 1776
Read full office action

Prosecution Timeline

Oct 30, 2024
Application Filed
Sep 29, 2026
Non-Final Rejection mailed — §102, §103 (current)

Precedent Cases

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

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Prosecution Projections

1-2
Expected OA Rounds
76%
Grant Probability
98%
With Interview (+22.2%)
2y 8m (~8m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1019 resolved cases by this examiner. Grant probability derived from career allowance rate.

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