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 response and accompanying remarks filed December 9, 2025 are acknowledged.
Examiner acknowledges withdrawn claims 21-23.
The rejection of claims 1-20 and 24-25 under 35 U.S.C. 102(a)(2) as being anticipated by Savart et al., U.S. Pre Grant Publication 2021/0086403 is withdrawn due to Applicant’s arguments.
The rejection of claims 1-20 and 24-25 under 35 U.S.C. 103 as being unpatentable over Hochstetter et al., WO 2021/019181 is withdrawn due to Applicant’s arguments.
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 2021/019181 in view of Savart et al., U.S. Pre Grant Publication 2021/0086403.
Regarding claims 1-9, 12 and 25, 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 scaling 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 °C. 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 °C. 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 claimed multilayer structure as Hochstetter does not disclose that the sealing layer is an outermost layer and the thickness of the outer sealing layer exhibits a thickness of at least 5 µm. Savart teaches 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 [0025 and 0089]. It is disclosed in paragraph 0079 of Savart that the composite has a porosity of less than 2% which can include 0%. 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. Savart discloses in paragraph 0134 that the multilayer structure relates to fields of transportation, in particular oil and gas and gas storage. Paragraph 0119 of Savart discloses a fiber volume content of 45 to 65% by volume. Examiner is corresponding one of the layers as Applicant's sealing layer and an adjacent layer as Applicant's composite reinforcing layer. Hochstetter and Savart are analogous art in that both references disclose a multilayer structure utilized in gas storage. Savart discloses in paragraph 0005 discloses that the multilayer composite possess properties of good mechanical and thermal strength. One of ordinary skill in the art before the effective filing date of the invention would utilize the multilayer structure of Savart as the multilayer tank structure of Hochstetter for the benefit of obtaining a tank having enhanced mechanical and thermal properties.
Regarding claim 10, Hochstetter discloses in paragraphs 0055-0058 polymer PI has a number average molecular weight ranging from 10,000 to 40,000 g/mol.
Regarding claim 11, the claim is directed to the tank having a multilayered structure not the multilayered structure and the gas. Hochstetter discloses a tank multilayered structure.
Regarding claims 13-15, paragraphs 0055-0065 of Hochstetter discloses that polymer P1 can include polyamides.
Regarding claim 16, paragraphs 0055-0065 of Hochstetter 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 scaling layer.
Regarding claim 18, paragraph 0176 of Hochstetter discloses carbon fibers.
Regarding claim 19, paragraph 0171 of Hochstetter discloses a protective layer on the structure which is the outermost layer on the structure.
Regarding claim 20, Example 5 of Hochstetler 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.
Response to Arguments
Applicant’s arguments with respect to the present claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Both Savart and Hochstetter, each alone, have been withdrawn due to Applicant’s arguments. Hochstetter and Savart have now been combined to reject the present claims. Hochstetter is directed to a tank having a multilayer structure. Savart incudes all the limitations of the multilayer structure as claimed. Savart does not teach a tank, pipe or tube having the multilayer structure. Savart does teach that the multilayer structure can be used in applications relating to transportation of oil and gas as well as gas storage. Hochstetter and Savart are analogous art in that both references are directed to a multilayer structure utilized in applications relating to transportation of oil and gas as well as gas storage. Savart discloses that the multilayer structure has good mechanical and thermal properties. The combination is not without motivation.
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
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