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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 11/14/25 has been entered.
Response to Arguments
Applicant's arguments filed 10/17/.25 have been fully considered but they are not persuasive. Examiner has reviewed Applicant’s arguments where they have amended the claims and argued said amendments overcome the prior art. However, upon review of the prior art and the arguments Examiner respectively disagrees. Applicant argues the newly amended limitations are not taught by the prior art, specifically, that the prior art fails to disclose a sleeve outlet that is arranged between the gas consumer and the gas tank because the structure of the prior art containing a seal prevents it from being a “sleeve outlet”. However, upon review of the prior art, Examiner is not persuaded by this argument. While Examiner agrees with Applicant’s analysis of the structure of 22 and 23, Applicant appears to ignore the prior arts discussion of a communication hole 25 which is also illustrated in Figure 1 and the discussion in the specification which states that “one end of the communication hole 25 is communicated with the first detection cavity, and the other end of the communication hole 25 is communicated with the second detection cavity 12; one end of the communication hole 25 connected with the first detection cavity is positioned between the sleeve 15 and the hydrogen conveying pipe 4.” Therefore the region in question is not purely a seal as the communication hole allows for communication between the sleeve 15 and the conveying pipe and therefore allows for fluid transport. As such, although certainly not functioning in the same capacity as Applicant’s, such limitations are not found in the claim language and Examiner believes the prior art still discloses the newly amended limitation. As such, Examiner has maintained his rejection of the claims.
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.
Claim(s) 1,3,4,7, 8, and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li et al., Chinese Patent Publication CN 112687925A (hereinafter “Li”) in view of Sauter, Chinese Patent Publication CN105299464 (hereinafter “Sauter”).
In Reference to claim 1 (Alternative Interpretation of Li) :
Li discloses a gas consumer system for a vehicle (See, Paragraph [0002], the gas consumer system being configured to generate power by consuming gas, the gas consumer system comprising: a gas consumer (5) comprising an inlet (B) configured to receive a flow of gas; at least one gas tank (3) , the gas tank comprising a gas tank outlet (Unlabeled; See Figure 1),a conduit (4) connecting the gas tank outlet of the tank to the inlet of the gas consumer, and an elongated sleeve(15) the elongated sleeve comprising a sleeve outlet (via 25 to 17) arranged between the gas consumer (5) and the gas tank(3), wherein the conduit (4) is housed within the elongated sleeve
Li fails to disclose the elongated sleeve comprising a sleeve outlet (via 17) configured to convey leakage of gas between the gas consumer and the gas tank away from the gas consumer system (conveys it back towards the gas tank and away from the consumer).
However, in the same field of endeavor, Hydrogen fuel cell vehicles, Sauter discloses a gas tank (14) comprising hydrogen fuel (16) wherein a respective valve (20) is responsible for receiving instructions from a controller (22) to open its multi-valve to allow for venting to atmosphere of the hydrogen fuel through conduits 30 to a discharge outlet (32) to prevent the fuel from catching fire or exploding when when certain conditions are met (either the pressure or temperature is sensed to be too high)
It would have been obvious to a person having ordinary skill in the art at the time of effective filing to modify Li with the teachings of Sauter , namely to modify the sleeve and conduit of Li such that it has venting conduit which allows for venting to atmosphere as taught by Sauter ( conduit 30 to venting outlet 32 controlled by a valve (20) under certain conditions because such modification would allow for the leaking fluid to vacate to atmosphere, which in Li would otherwise merely circulate and be lowered in concentration to prevent explosion, but not fire.
In Reference to Claim 3:
Li as modified by Sauter further discloses wherein the elongate sleeve (as taught by Sauter Conduit 30) comprises an elongated portion extending in a direction away from the gas consumer and the gas tank, the sleeve outlet (32) being arranged at an end position of elongated portion. (See, Sauter Figure 1)
In Reference to Claim 4:
Li as modified by Sauter further discloses wherein the end position of the elongated portion (30) is configured to be arranged above, or rearward of, a passenger compartment of the vehicle. (See, Sauter Figure 1).
In Reference to Claim 7:
Li further discloses wherein the gas consumer system further comprises a gas sensor (7 and 13) arranged in the elongated sleeve connected, the gas sensor being configured to detect the presence of leakage of gas in the elongated sleeve. Sensor 7 and 13 are arranged in the elongated sleeve as shown in Figure 1 (the sleeve surrounds the tank as well for safety).
In Reference to Claim 8:
Li further discloses wherein the gas sensor (13) is positioned at the sleeve outlet. See, Figure 2.
In Reference to Claim 12:
Li further discloses the gas consumer system according to claim 1, wherein the gas consumer is a fuel cell. See, Paragraph [0001] and [0003].
Claims 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li et al., Chinese Patent Publication CN 112687925A (hereinafter “Li”) in view of Sauter, Chinese Patent Publication CN105299464 (hereinafter “Sauter”) in further view of Stahl, German Patent Publication DE102020119676 A1 (hereinafter “Stahl”)
In Reference to Claim 2:
Li discloses all the limitations of claim 1, but fails to disclose wherein the gas consumer system comprises a plurality of gas tanks, each gas tank having an individual gas tank outlet, wherein the conduit is connected between each gas tank outlet and the inlet of the gas consumer, wherein the conduit further extends between each of the plurality of gas tank outlets.
However, in the same field of endeavor, Stahl discloses a consumer system comprising a plurality of gas tanks (100) each gas tank having an individual gas tank outlet and wherein the conduit is connected between each gas tank outlet and an inlet
It would have been obvious to a person having ordinary skill in the art at the time of effective filing to modify Li, such that it include the teachings of Stahl, specifically modifying the gas tank of Li such that it is composed of a plurality of gas tanks because such a modification would allow for a reduced cost of manufacturing and maintenance by allowing for use of standard components.
Claims 5 and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li et al., Chinese Patent Publication CN 112687925A (hereinafter “Li”) in view of Sauter, Chinese Patent Publication CN105299464 (hereinafter “Sauter”) in further view of Stahl, German Patent Publication DE102020119676 A1 (hereinafter “Stahl”) in further view of Deng, Chinese Patent Publication CN113757551A (hereinafter “Deng”).
In Reference to Claim 5 and 6:
Li as modified discloses all the limitation of claim 2, but fails to disclose wherein each of the plurality of tanks comprises a valve at the gas tank outlet and wherein each of the valves are housed within the elongated sleeve.
However, in the same field of endeavor, gas consumer systems, Deng discloses a multi tank system wherein each tank comprises a valve (13) at the gas tank outlet (2) for the purpose of providing the ability to control charging and discharging of the tank and also for protection against temperature and pressure (and thereby fire/explosion of the hydrogen gas.
It would have been obvious to a person having ordinary skill in the art at the time of effective filing to further modify Li, such that the plurality of tanks each contain a valve because such a modification would provide the benefit of safety by allowing for the closure of each respective tank should a pressure or temperature threshold be reached. Examiner notes it also would be obvious in light of Li and Sauter to have the sleeve also cover the valves as such linkage is a location which is susceptible to potential leaks.
In Reference to Claim 9 and 11:
In so far as the claim is defined (See, 112 Rejection) ,Li as modified discloses all the limitations recited in claims 5-7 and further discloses , wherein the gas consumer system further comprises: a gas sensor (13) arranged in the elongated sleeve, the gas sensor being configured to detect the presence of leakage of gas in the elongated sleeve; a control unit (31)comprising processing circuitry a signal from the gas sensor, the signal being indicative of a level of leakage gas present in the elongated sleeve, compare the level of leakage gas with a predetermined threshold (See, Li which discloses when the gas sensor sense a sufficient level of hydrogen an alarm is sounded).
Li fails to disclose wherein the controller is connected to each of the valves and ntrol the valves to assume a closed position in which gas is prevented from leaving the gas tanks when the level of leakage gas is above the predetermined threshold.
However, in the same field of endeavor, gas consumer systems Ewan discloses the use of a controller (320) and wherein the controller closes the valve (316) when the gas sensor (322) detects a sufficient enough leak. Examiner notes it would be obvious to have modified Li to include such a mechanism to maintain safety (as is the purpose in Ewan).
Allowable Subject Matter
Claim 10 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
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/DANIEL S COLLINS/Examiner, Art Unit 3745
/NATHANIEL E WIEHE/Supervisory Patent Examiner, Art Unit 3745