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 .
Applicant’s election, with traverse, of Group I, claim 1-20 and 24-25 directed to a multilayer structure. Applicant argues that Groups I and II have unity of invention. Groups I and II have the same special technical feature and which lacks a contribution over the prior art, Savart et al., U.S. Pre Grant Publication 2021/0086403m described below. The restriction requirement is proper and deemed FINAL. Accordingly, claims 21-23 are withdrawn from consideration at this time.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-20 and 24-25 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Savart et al., U.S. Pre Grant Publication 2021/0086403.
Regarding claims 1, 5-6 and 25 Savart discloses N individual tapes of fibrous material in the form of continuous fibers impregnated with at least one thermoplastic polymer [abstract and 0001] with N being between 2 and 2000 and the average thickness of each individual tape being less than or equal to 150 µm. Paragraph 0089 discloses the total number of tapes N is between 2 to 2000. Paragraph 0092 discloses that at least one of the tapes includes carbon fibers and at least one of tapes include glass fiber fibrous material. Paragraph 0203 discloses that the thermoplastic polymer is an amorphous polymer whose glass transition temperature is such that Tg≥80° C., in particular ≥100° C., particularly ≥120° C., in particular ≥140° C., or a semicrystalline polymer whose melting temperature Tm≥150° C. Paragraph 0207 discloses that the polyamide can include PA6, PA11, PA12. Examiner is corresponding one of the layers as Applicant’s sealing layer and an adjacent layer as Applicant’s composite reinforcing layer.
Regarding claims 2 and 3, paragraph 0119 discloses a fiber volume content of 45 to 65% by volume.
Regarding claim 4, paragraph 0079 discloses that the porosity level is less than 2%, which can include 0%.
Regarding claim 7, paragraph 0203 discloses that the thermoplastic polymer is an amorphous polymer whose glass transition temperature is such that Tg≥80° C., in particular ≥100° C., particularly ≥120° C., in particular ≥140° C., or a semicrystalline polymer whose melting temperature Tm≥150° C. Paragraph 0207 discloses that the polyamide can include PA6, PA11, PA12. Examiner is corresponding one of the layers as Applicant’s sealing layer and another layer as Applicant’s composite reinforcing layer.
Regarding claims 8-9, Savart discloses N individual tapes of fibrous material in the form of continuous fibers impregnated with at least one thermoplastic polymer [abstract and 0001] with N being between 2 and 2000 and the average thickness of each individual tape being less than or equal to 150 µm. Paragraph 0089 discloses the total number of tapes N is between 2 to 2000. Paragraph 0092 discloses that at least one of the tapes includes carbon fibers and at least one of tapes include glass fiber fibrous material. Paragraph 0203 discloses that the thermoplastic polymer is an amorphous polymer whose glass transition temperature is such that Tg≥80° C., in particular ≥100° C., particularly ≥120° C., in particular ≥140° C., or a semicrystalline polymer whose melting temperature Tm≥150° C. Paragraph 0207 discloses that the polyamide can include PA6, PA11, PA12. Examiner is corresponding one of the layers as Applicant’s sealing layer and another layer as Applicant’s composite reinforcing layer. The claims are directed to a multilayered structure not the multilayered structure and the gas.
Regarding claim 10, paragraph 0194 discloses a number average molecular weight of the thermoplastic polymer is in the range of 10,000 to 40,000.
Regarding claim 11, the claim is directed to the multilayered structure not the gas.
Regarding claim 12, Figure 1 discloses a tank [0006-0007]. Figure3 shows a polymorphic tank.
Regarding claims 13-15, paragraph 0121 disclose that the tapes consist of the same thermoplastic polymer. Paragraph 0122 discloses that the polymer can include PEEK or PEI or a mixture of PEEK and PEI. Paragraph 0185 discloses that the thermoplastic polymer can include a reactive polymer.
Regarding claims 16-17, paragraph 0159 discloses that the thermoplastic polymer can include aliphatic polyamides. Paragraph 0207 discloses that the polyamide can include PA6, PA11, PA12.
Regarding claim 18, paragraph 0092 discloses that at least one of the tapes includes carbon fibers and at least one of tapes include glass fiber fibrous material.
Regarding claim 19, paragraph 0089 discloses the total number of tapes N is between 2 to 2000. Examiner is corresponding one of the last layers of the structure as the at least outer layer. Applicant’s claim is not specific to the at one outer layer.
Regarding claim 20, paragraph 0092 discloses that at least one of the tapes includes carbon fibers and at least one of tapes include glass fiber fibrous material.
Regarding claim 24, paragraph 0089 discloses the total number of tapes N is between 2 to 2000.
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.
Claims 1-20 and 24-25 are rejected under 35 U.S.C. 103 as being unpatentable over Hochstetter et al., WO 2021019181.
Regarding claims 1 and 12, Hochstetter discloses in paragraphs 0002 and 0005 a multilayer structure for transport or storage of hydrogen. Paragraph 0032 discloses a multilayer structure chosen from a tank, a pipe or tube intended for transport or storage of hydrogen comprising from the inside to the outside , at least one sealing layer and at least one composite reinforcement layer with innermost composite reinforcing layer being welded to the outer sealing layer. Paragraph 0034 discloses that the sealing layer made of a composition comprising at least one semi-crystalline thermoplastic polymer [polymer P1] having a melting point as measured according to ISO-11357-3:2013 being less than 280 ºC. Paragraph 0035 discloses that the composite reinforcement layer is formed of a fibrous material in the form of continuous fibers impregnated with a composition comprising at least one thermoplastic polymer[polymer P2], particularly a semi-crystalline polymer having Tg higher than 100 ºC. Paragraph 0042 discloses that the sealing layer(s) are the innermost layers compared to the composite reinforcing layers which are the outermost layers. Example 5 [0203] a hydrogen storage tank composed of a 11/BACT/10T composite reinforcement of CT24-5.0/270-1-T140 carbon fibers and a PA11 sealing layer. Paragraph 0161 discloses that polymer P1 can include long chain aliphatic polyamides such as PA11, PA1012, PA1212. Paragraph 0082 discloses one or more composite layers.
Hochstetter is silent to the outer sealing layer exhibiting a thickness of at least 5 µm and the sum of the thickness of the outer layer being equal to the sum of the thickness of N layers before deposition, minus possible porosities. This is an optimizable feature. Paragraph 0038 discloses that semi-crystalline polymer of the liner [sealing layer] will ensure good resistance to chemical attacks and abrasion. One of ordinary skill in the art before the effective filing date of the invention would optimize the thickness of the sealing layer to at least 5 µm for the benefit of enhanced resistance to chemical attacks and abrasion. Paragraph 0028 of Hochstetter discloses that hydrogen causes an increase in temperature due to the compression of the hydrogen. One of ordinary skill in the art before the effective filing date of the invention would optimize the sum of the thickness of the outer layer being equal to the sum of the thickness of N layers before deposition, minus possible porosities for the benefiting of enhanced temperature resistance.
Regarding claim 2, Hochstetter is silent to wherein each composite reinforcing layer consists before deposition of said impregnated fibrous material in the form of continuous fibers exhibit an initial content of fibers from 45% to 65% by volume. This is an optimizable feature. The fibers affect the strength of the composite layer. One of ordinary skill in the art before the effective filing date of the invention would optimize the volume of the fibers in the composite reinforcing layer to 45 to 65% by volume for enhanced strength in the composite reinforcing layers.
Regarding claim 3, Hochstetter is silent to wherein each composite reinforcing layer consists before deposition of said impregnated fibrous material in the form of continuous fibers exhibit an initial content of fibers from 50% to 70% by volume. This is an optimizable feature. The fibers affect the strength of the composite layer. One of ordinary skill in the art before the effective filing date of the invention would optimize the volume of the fibers in the composite reinforcing layer to 50 to 70% by volume for enhanced strength in the composite reinforcing layers.
Regarding claim 4, Hochstetter does not disclose pore or porosity.
Regarding claim 5, Hochstetter is silent to the total thickness, corresponding to the sum of the thicknesses of each composite reinforcing layer (2) after deposition and of the thickness of the outer sealing layer, is equal to N x the initial thickness (Thi) of each composite reinforcing layer (2) before deposition, minus possible porosities. This is an optimizable feature. Paragraph 0028 of Hochstetter discloses that hydrogen causes an increase in temperature due to the compression of the hydrogen. One of ordinary skill in the art before the effective filing date of the invention would optimize the total thickness, corresponding to the sum of the thicknesses of each composite reinforcing layer (2) after deposition and of the thickness of the outer sealing layer, is equal to N x the initial thickness (Thi) of each composite reinforcing layer (2) before deposition, minus possible porosities for the benefit of enhanced temperature resistance.
Regarding claim 6, Hochstetter is silent to the thickness of the sealing is from
5 µm to [(1-( Tmin before deposition/Tmax after deposition})} x N x Thi x (1-x%)} µm in which: Tmin before deposition represents the minimum content of fibers by volume before deposition, Tmax after deposition represents the maximum content of fibers by volume in the reinforcing layer after deposition, N represents the number of reinforcing layers, and Thi represents the initial thickness of the impregnated fibrous material before deposition, x% the content of porosities in the initial tape before deposition. This is an optimizable feature. Paragraph 0028 of Hochstetter discloses that hydrogen causes an increase in temperature due to the compression of the hydrogen. One of ordinary skill in the art before the effective filing date of the invention would optimize the sealing thickness, according to the formula recited in claim 6 for the benefit of enhanced temperature resistance.
Regarding claim 7, paragraph 0035 discloses that composite reinforcement layer is formed of continuous fibers impregnated with a composition comprising a semi-crystalline thermoplastic polymer [polymer P2] wherein the semi-crystalline thermoplastic polymer [P2] has a melting point of less 280ºC measured according to ISO 1 1357-3:2013 higher than 100 ºC [see also 0038].
Regarding claim 8, paragraph 0032 discloses a multilayer structure chosen from a tank, a pipe or tube intended for transport or storage of hydrogen comprising from the inside to the outside , at least one sealing layer and at least one composite reinforcement layer with innermost composite reinforcing layer being welded to the outer sealing layer.
Regarding claim 9, the claim is directed to the multilayered structure not the multilayered structure and the gas. Hochstetter discloses a multilayered structure comprising from the inside to the outside , at least one sealing layer and at least one composite reinforcement layer with innermost composite reinforcing layer being welded to the outer sealing layer.
Regarding claim 10, paragraphs 0055-0058 discloses polymer P1 has a number average molecular weight ranging from 10,000 to 40,000g/mol.
Regarding claim 11, the claim is directed to the multilayered structure not the multilayered structure and the gas. Hochstetter discloses a multilayered structure comprising from the inside to the outside , at least one sealing layer and at least one composite reinforcement layer with innermost composite reinforcing layer being welded to the outer sealing layer.
Regarding claims 13-15, paragraphs 0055-0065 discloses that polymer P1 can include polyamides.
Regarding claim 16, paragraphs 0055-0065 discloses that polymer P1 can include aliphatic polyamides.
Regarding claim 17, Example 5 [0203] discloses that the sealing layer can include PA11[polymer P1]. Example 3 [0198] discloses PA 6 as the sealing layer.
Regarding claim 18, paragraph 0176 discloses carbon fibers.
Regarding claim 19, paragraph 0171 discloses a protective layer on the structure which is an outermost layer on the structure.
Regarding claim 20, Example 5 discloses carbon fibers [0203]. See also paragraph 0176.
Regarding claim 24, paragraph 0082 discloses one or more composite layers. Paragraph 0142 discloses two, three, four, five ,six, seven eight ,nine or ten composite layers.
Regarding claim 25, Hochstetter is silent to the outer sealing layer exhibiting a thickness of at least 10 µm This is an optimizable feature. Paragraph 0038 discloses that semi-crystalline polymer of the liner [sealing layer] will ensure good resistance to chemical attacks and abrasion. One of ordinary skill in the art before the effective filing date of the invention would optimize the thickness of the sealing layer to at least 10 µm for the benefit of enhanced resistance to chemical attacks and abrasion.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CAMIE S THOMPSON whose telephone number is (571)272-1530. The examiner can normally be reached 8:30 am - 5:30 pm.
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/CAMIE S THOMPSON/Primary Examiner, Art Unit 1786