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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 2/17/26 has been entered.
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-2, 5, 7-26 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In claim 1, the first layer is described as a sealing layer in contact with the liquid hydrogen, however, the claim also recites that an innermost composite reinforcing layer is wound around said sealing layer. It is not clear what is meant by wound around, because if the composite reinforcing layer surrounds the sealing layer then the sealing layer would not be in contact with the liquid hydrogen. Additionally, the innermost composite reinforcing layer is the second layer in direct contact with the sealing layer and comprises at least one of thermoplastic or thermosetting polymer P2, but the claim also recites that said polymer of said composition of said innermost composite reinforcing layer is a thermoplastic polymer. Therefore, it is not clear whether this is the same as P2 or another polymer. Additionally, the claims recite that the PCTFE of each sealing layer is partially or totally miscible with polymer P2 of the adjacent composite reinforcing layer. However, the sealing layer is already claimed as being in contact with the liquid hydrogen. It is not clear how there can be more than one sealing layer in contact with the liquid hydrogen which is implied by the recitation of “each sealing layer”. If there is a laminate structure of a plurality of sealing layers and composite reinforcing layers, only one sealing layer can actually be in contact with the liquid hydrogen. Also, with regard to the additional composite reinforcing layers, it is not clear if in each case P2 refers to the same polymer or if it can be a different polymer. Using the same symbol or designation to potentially mean different things renders the scope of the claim indefinite. The claimed structure is not clearly defined as currently written.
Applicant’s amendment filed 2/17/26 to recite that the sealing layer and the composite reinforcing layer are in direct contact is sufficient to overcome the art rejection of record.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELIZABETH M IMANI whose telephone number is (571)272-1475. The examiner can normally be reached Monday-Wednesday 7AM-7:30; Thursday 10AM -2 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Marla McConnell can be reached at 571-270-7692. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ELIZABETH M IMANI/ Primary Examiner, Art Unit 1789
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