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 .
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-4, 10-13,20,22,25-27 are rejected under 35 U.S.C. 103 as being unpatentable over Hembert (US 4,925,044) in view of Reitlinger (EP 0 826 433).
See the 10/1/25 rejection.
Claims 21 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Hembert (US 4,925,044) in view of Lebrun (US 2016/0031152). See the 10/1/25 rejection.
Claims 14-16 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Hembert (US 4,925,044) in view of Reitlinger (EP 0 826 433) and further in view of Strack (US 2011/0220660). See the 10/1/25 rejection.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Hembert (US 4,925,044) in view of Reitlinger (EP 0 826 433) and further in view of Fritzsche (EP 3096067). See the 10/1/25 rejection.
Claim 24 is rejected under 35 U.S.C. 103 as being unpatentable over Hembert (US 4,925,044) in view of Reitlinger (EP 0 826 433) further in view of Blondel et al. (US 2014/0246096). See the 10/1/25 rejection.
Applicants remarks of 1/29/26 have been considered but are not deemed persuasive.
The argument is made that Reitlinger addresses a different problem than Hembert.
In response, both Reitlinger and Hembert are discussing making tanks for gas or fluids under pressure. Both of Reitlinger and Hembert’s tanks may comprise metal. It seems reasonable to conclude that these references are combineable. Also in I. applicant argues the Reitlinger disclosure of preferably with a thickness of 0.5 – 1 mm. It is not clear how this point supports the conclusion that Reitlinger addresses a different problem than Hembert.
The argument is made that Reitlinger teaches away from the proposed combination. Again, applicant discusses the Reitlinger disclosure of preferably with a thickness of 0.5 – 1 mm. In order to be persuasive, applicants would have to establish that the proposed modification of Hembert by Reitlinger would be contrary to the expressed teachings of Hembert. This has not been done because this section contains no discussion of Hembert’s thickness requirements, stated or unstated.
THIS ACTION IS MADE FINAL. 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 BENJAMIN L UTECH whose telephone number is (571)272-1137. 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, Shawn Decenzo can be reached at (571)270-3227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BENJAMIN L UTECH/Primary Examiner, Art Unit 6212
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