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 .
Election/Restrictions
Claims 10-12 stand withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 7 April 2025.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 1, 2 and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Miller (US 2010/0146992) in view of Loveday et al. (US 3272374) (Loveday) and Mearns III, et al. (US 3101861) (Mearns).
Miller discloses a triple containment tank (when properly modified) comprising: an outer tank (outer shell 2, see Fig. 2); an inner tank (1) located in the outer tank and storing a liquefied gas (F, see paragraph [34] for types of cryogenic gas) therein; and a penetration pipe (filling and discharge port 16) penetrating the outer tank and the inner tank. The configuration of Fig. 2 of Miller fails to disclose the intermediate tank. Miller teaches a modification wherein additional inner tanks and/or outer shells can be provided (see paragraph [97]). This construction gives rise to further annular spaces with insulators such as perlite and fiberglass (both considered powdered insulation) (see paragraph [97]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the present invention to add at least one additional outer shell such that an outermost outer shell is the outer shell and an inner outer shell is the intermediate tank as this allows for a greater insulation value and slower heat transfer. The penetration pipe would penetrate this intermediate tank. The configuration of Fig. 2 of Miller discloses insulation elements 4 and 6 of fiberglass batting and fails to disclose the powdered insulation. Miller teaches a modification wherein particulate insulation and powdered insulation can be used, see paragraph [68] for powder and particulate and paragraph [97] for perlite and fiberglass. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the present invention to modify the insulation material within the inter-tank region between the intermediate tank and the outer tank to be powdered insulation material because the powdered insulation is better at filling tight spaces and irregularly shaped cavities than a batt or blanket. The configuration of Fig. 2 of Miller fails to disclose the inert gas. Miller teaches a modification wherein inert gases such as argon, krypton and carbon dioxide can be used with insulating materials, see paragraph [122]. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the present invention to modify the inter-tank region between the intermediate tank and the outer tank to have an inert gas in addition to the insulating material to further increase the insulation value and slow heat transfer. The primary reference has been modified three times with three separate teachings at this point. Miller fails to disclose the expandable pipes.
Loveday teaches an outer vessel 12 and an inner vessel 11 with layers of insulation 15 in the interstitial space between the vessels, a fluid conduit 14 defines a penetrating pipe penetrating each tank (vessel) and each tank (vessel) coupled to the penetrating pipe. In particular, there is a first expandable pipe (bellows 19) which connects the penetrating pipe (14) to the outermost tank. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to add an expandable pipe connection (first expandable pipe) between the outer tank and the first pipe to allow for thermal expansion movement of the outer tank with respect to the pipe to prevent breakage or damage caused by a fixed joint by allowing a flexible joint which allows thermal expansion/contraction movement.
Mearns teaches an intermediate tank (outer shell 30 is between an outer structure formed from main deck 12 bulkheads 20 and 22 and bottom plating 14 and an inner shell 32); an inner tank (inner shell 32) located in the intermediate tank and storing a liquefied gas therein; and a pipe (sleeve 60) penetrating the, the intermediate tank, and the inner tank, wherein the pipe is coupled to the intermediate tank through a second expandable pipe (bellows 68), and is coupled to the inner tank by a second expandable pipe (bellows 70 and clamping ring 72). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to add an expandable pipe connection (second or secondary expandable pipe) between both (1) the intermediate tank and the first pipe and (2) the inner tank and the first pipe to prevent breakage or damage caused by a fixed joint by allowing a flexible joint which allows thermal expansion/contraction movement.
Re claim 2, the intermediate tank of Miller includes an insertion hole into which the pipe is inserted; a base portion (lower end) of the second expandable pipe 68 of Mearns is joined to the intermediate tank so as to project outward (portions of bellows 68 of Mearns that act as a flange and extend outwardly from inner diameter of insertion hole) from an edge of the insertion hole; and a tip portion (upper end of bellows 68 of Mearns) of the second expandable pipe is joined to the pipe.
Re claim 6, the intermediate tank of Miller includes an insertion hole into which the pipe is inserted; a base portion of the second expandable pipe of Mearns is joined to the intermediate tank so as to project inward [insofar as this limitation is understood from viewing Fig. 4 of applicant’s invention, the second expandable pipe (bellows 68 of Mearns) projects inwardly at the top, upper end or tip portion] from an edge of the insertion hole; and a tip portion (upper end of bellows portion 68 of Mearns) of the second expandable pipe is joined to the pipe.
Allowable Subject Matter
Claims 3-5 and 7-9 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
REASONS FOR ALLOWANCE
The following is an examiner’s statement of reasons for allowance: Claims 3 and 7 have been similarly defined by “a powder leakage prevention dike that prevents the powdered insulation from moving to a region around the second expandable pipe...” Brown (US 2195077) is close art in disclosing dikes (dome members 37 and 41), the insulation material under the domes is mineral wool and the insulating material outside of the domes is also mineral wool, the domes provide some separation between insulation materials and it is not known in the domes are effective in preventing powdered or particulate insulation from moving from the region outside the dome to a region inside the dome and adjacent to the penetration pipe. The outer dome 41 appears to be perforated. Brown doesn’t disclose expandable pipe. The key distinction is that the dike of the present invention prevents powdered insulation from reaching the expandable pipe as it might interfere with expandable movement of the expandable pipe or leak past the expandable pipe and enter the penetration pipe. For this reason, the dikes of Brown can’t be applied to meet the claim limitations.
Any of the references that disclose expandable pipes do not specifically disclose dikes or disclose that dikes are needed for the specific purpose of preventing powder from contacting an expandable pipe.
There is no class or subclass specific enough just for searching dikes. A thorough text search for the dike was conducted by L23, L42 and L43 as disclosed in the detailed search history.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Response to Arguments
Applicant’s arguments with respect to the rejections of claims have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made. Miller (US 2010/0146992) is the closest prior art in disclosing the three tanks of the triple containment tank and powdered insulation plus inert gas in an inter-tank region.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEPHEN J CASTELLANO whose telephone number is (571)272-4535. The examiner can normally be reached Monday - Friday.
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sjc/STEPHEN J CASTELLANO/ Primary Examiner, Art Unit 3733