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 Objections
Claim 3 objected to because of the following informalities: the word “wherein” in line 2 is repeated twice. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1, 2, 5-6 and 15-24 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1 recites the limitations wherein “the first amount of hydrogen is in a cryo-compressed state while in the second cryogenic tank, wherein the first amount of hydrogen is in the cryo-compressed state while in the first cryogenic tank” in line 21-23 introduces new matter because the claim encompasses subject matter that is not supported in the original disclosure. Nowhere in applicant’s disclosure state that the first amount of hydrogen is in a cryo-compressed state while in the first and second cryogenic tank.
Claim 3 recites the limitations wherein “the pressurized supply of hydrogen gas is at a supercritical temperature” introduces new matter because the claim encompasses subject matter that is not supported in the original disclosure. Contrary to the claimed scope, applicant’s original disclosure only support for “a pressure vessel for storing supercritical hydrogen” as shown in para. 0028.
Claim 4 recites the limitations wherein “the pressurized supply of hydrogen gas is within a pressure-temperature envelope above 20K and 145 bar” introduces new matter because the claim encompasses subject matter that is not supported in the original disclosure. Contrary to the claimed scope, applicant’s original disclosure only support for a general statement about a cryo-compressed hydrogen (as shown in ¶ 0050). There is no support for the pressurized supply of hydrogen gas to at a pressure-temperature envelope above 20K and 145 bar.
Claim 25 recites the limitations wherein “the first amount of hydrogen is in a steady state throughout transfer from the second cryogenic tank to the first cryogenic tank, wherein the steady state is the cryo-compressed state” introduces new matter because the claim encompasses subject matter that is not supported in the original disclosure. Nowhere in applicant’s disclosure state that the first amount of hydrogen is in a steady state throughout transfer from the second cryogenic tank to the first cryogenic tank.
Claims 1, 2, 5-6, 15-24 and 26 are also rejected under 35 U.S.C. 112(a) for being dependent upon a rejected claim.
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 1-6 and 15-26 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.
Claim 1 recites the limitations wherein “a first portion of the plurality” and “a second portion of the plurality” in line 8, renders the claim indefinite because the phrase “the plurality” creates confusion. The limitation should read --a first portion of the plurality of portions of hydrogen fluid-- and --a second portion of the plurality of portions of hydrogen fluid—
Claim 1 recites the limitations “the first amount of hydrogen” in line 14 lacks proper antecedent basis.
Claim 1 recites the limitations “the first respective cryogenic tank” in line 18 lacks proper antecedent basis. The limitation should read –the first cryogenic tank--.
Claims 2-6 and 15-26 are also rejected under 35 U.S.C. 112(b) for being dependent upon a rejected claim.
Response to Arguments
Applicant’s arguments with respect to the amended claims have been considered but are moot in view of the new ground(s) of rejection.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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/W.M/Examiner, Art Unit 3763
/FRANTZ F JULES/ Supervisory Patent Examiner, Art Unit 3763