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 Rejections - 35 USC § 112
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 1-18 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, lines 8-9, “consisting of at least two shell elements” in unclear because “consisting of” is a closed term, which precludes additional structure, whereas “at least two” is an open term that allows for additional structures. Therefore, it is not clear what is precluded from the structure claimed. Also, it appears that the first support member if applicant’s disclosed invention includes more than the shell elements (cross struts and stiffening members 114-116 interconnect the shell members 111A, 111B, and appear to be part of the first support member 111).
In claim 1, line 10, applicant recites “in the transverse direction of the vehicle”, however, “the transverse direction” lacks clear antecedent basis. Also, it is not clear how the orientation relative to the vehicle is limiting when the vehicle is not part of the claimed invention.
In claim 3, line 3, “the longitudinal and width directions” lack clear antecedent basis in the claim. In line 4, “the longitudinal direction of the vehicle” and “the vertical direction” lack clear antecedent basis in the claim. Also, since the vehicle is not claimed, it is not clear how the orientation of the shell elements relative to the vehicle is limiting.
In claim 5, line 3, “(perpendicular to the plate)” is indefinite. Reciting structure within parentheses “()” is indefinite because it is not clear if the exact structure is required, or it is used as an example of possible structures. Also, “the plate” lacks clear antecedent basis in the claim (claim 1), whereas it does have antecedent basis in claim 3, suggesting that applicant might have meant for claim 5 to depend from claim 3. It is unclear.
In claim 15, applicant claims “further comprising a pressure storage tank attachment device”, however, the shell elements, recited in claim 1, are the tank attachment device. Applicant’s embodiment of Figures 4-6 includes shells, without a further attachment device, and applicant’s embodiment of Figure 3 includes an attachment device 210, without the claimed shells. No disclosed embodiment includes both the shells and a further attachment device so it appears that this combination is not intended.
Claim Rejections - 35 USC § 102
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 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(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.
Claim(s) 1-4 and 7-8 are is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hale (USPN 5,908,134).
Regarding claim 1, Hale teaches a holding frame 20, 22, for attaching high-pressure storage tanks 12 to a vehicle (gas storage “may be mobile”, col. 4, lines 38-39, which suggests the holder frame can be mounted to a vehicle), the holding frame comprising: a base structure 56 which is configured to be attached to a counter-structure of the vehicle, and a support device 52 (col 8, lines 11-53) that is configured to receive at least one high-pressure storage tank 10-14, wherein: the support device comprises a first support member consisting of at least two shell elements (one plate 62 of support 20 and one plate 62 of support 22; see Figure 2) spaced apart from one another at a predetermined distance in the transverse direction of the vehicle (plates 62 of the support structures 20, 22, are spaced apart in a transverse direction along the vessels 10-14, as seen in Figure 1); and the shell elements comprise a first receiving portion 64, 66, 68 (see Figure 3; col. 8, lines 15-29) that is configured to encircle the at least one high-pressure storage tank over a predetermined angular range (semi-circle or 180 degrees).
Regarding claim 2, Hale teaches that the support device 20, 22, is configured to receive a plurality of high-pressure storage tanks 10-14 (Figure 1) and wherein the two shell elements each comprise a number of first receiving portions 64, 66, 68 (Figure 3; col. 8, lines 23-25) corresponding to the number of high-pressure storage tanks to be received.
Regarding claim 3, Hale teaches the two shell elements are each formed from a plate 62, the longitudinal and width directions of which extend in a plane that includes the longitudinal direction of the vehicle as well as the vertical direction that extends perpendicular to the ground or parallel to the direction of gravity (the holder of Hale is capable of being positioned as claimed on a vehicle), and wherein the first receiving portion 64 is formed in the plate 62.
Regarding claim 4, the at least one first receiving portion 64 is configured to encircle the at least one storage tank 12 over an angular range (a) of at least 90 degrees and at most 180 degrees (the receiving portion 64 is semicircular, col. 8, lines line 20-21, so it encircles the tank 10-14 about 180 degrees).
Regarding claim 7, a second support member (second plates 62 of clamps 20, 22, seen in Figure 1) that is configured to press the at least one high-pressure storage tank 10-14 into the at least one first receiving portion of the two shell elements (first plates 62 of clamps 20, 22).
Regarding claim 8, Hale teaches that the second support member comprises two clamping members (two plates spaced along the tanks 16, 17, 18), wherein the longitudinal and width directions of the two plates extend in a plane that includes the longitudinal direction of the vehicle as well as the vertical direction that extends perpendicular to the ground (the frame, if mounted transversely on a vehicle would have plates 62 that extend vertically and longitudinally relative to the vehicle), and wherein at least one second arcuate receiving portion 64, 66, 68, is formed in the plate 62, which is configured to encircle the at least one high-pressure storage tank 10, 12, 14, over a predetermine angular range (180 degrees).
Claim(s) 1, 2, 5, and 6 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Zhang (PGPub 2022/0396143).
Claim 1, Zhang teaches a holding frame 100 (Figures 8A, 8B) for attaching high-pressure storage tanks 200 to a vehicle (tractor 10; Figure 1), the holding frame comprising: a base structure (bottom of rack 100), which is configured to be attached to a counter-structure of the vehicle, and a support device (sides of rack 100) that is configured to receive at least one high-pressure storage tank, wherein:the support device comprises a first support member (front side of rack 100) consisting of at least two shell elements (laterally spaced sides of rack 100) spaced apart from one another at a predetermined distance in the transverse direction of the vehicle; and the shell elements comprise a first receiving portion (openings in the side of rack that encircle ends of tanks 200) that is configured to encircle the at least one high-pressure storage tank over a predetermined angular range.
Regarding claim 2, the support device is configured to receive a plurality of high-pressure storage tanks and wherein the two shell elements each comprise a number of first receiving portions corresponding to the number of high-pressure storage tanks to be received (the number of openings in the sides of rack 100 correspond to the number of tanks that can be carried).
Regarding claim 5, Zhang teaches two stiffening plates (lattice plates positioned in front and rear of the tanks, as seen in Figures 8A, 8B), each of which is attached transversely to one of the two shell elements.
Regarding claim 6, Zhang teaches a stiffening structure (lattice plates positioned in front and rear of the tanks, as seen in Figures 8A, 8B) that is configured to support the two shell elements against one another in the transverse direction of the vehicle.
Regarding claim 12, Zhang teaches a high-pressure storage system for storing fuel (rack 100 and tanks 200), the high-pressure storage system comprising: the holding frame discussed above; at least one high-pressure storage tank 20 for storing fuel (para [0003], line 1); and at least one on-tank valve (para [0005], line 3) that is configured to control, with or without feedback, the filling and/or withdrawal of fuel.
Claim(s) 1, 2, 6, 9, and 12-16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Westport Power Inc., or WPI (CA2809250; cited by applicant).
Claim 1, WPI teaches a holding frame 100 (Figures 3-9) for attaching high-pressure storage tanks 19 to a vehicle (tractor; Figure 2), the holding frame comprising: a base structure (bottom 105 of rack frame 100, Figure 3), which is configured to be attached to a counter-structure of the vehicle, and a support device (sides 102, 104, 108, 109, of rack 100) that is configured to receive at least one high-pressure storage tank 19, wherein: the support device comprises a first support member (side of rack 100) consisting of at least two shell elements (laterally spaced sides of rack 100, particularly holders brackets 104A, 140B, 108, 109) spaced apart from one another at a predetermined distance in the transverse direction of the vehicle; and the shell elements comprise a first receiving portion (curved portions of brackets 104, 108,109) that is configured to encircle the at least one high-pressure storage tank over a predetermined angular range (Figure 5).
Regarding claim 2, the support device 102, 18, 109, is configured to receive a plurality of high-pressure storage tanks (two tank holders shown in Figure 5) and wherein the two shell elements each comprise a number of first receiving portions 108 corresponding to the number of high-pressure storage tanks to be received (the number of openings in the sides of rack 100 correspond to the number of tanks that can be carried).
Regarding claim 6, WPI shows a stiffening structure (103 in Figure 3; 123 in Figure 6) that is configured to support the two shell elements against one another in the transverse direction of the vehicle.
Regarding claim 9, WPI teaches a test console holder (panel 136, seen on Figure 4; para [45]) that is laterally arranged on one of the two shell elements 104band extends away from the shell element in the transverse direction of the vehicle.
Regarding claim 12, WPI teaches a high-pressure storage system for storing fuel, the high-pressure storage system comprising: the holding frame recited above; at least one high-pressure storage tank 19 for storing fuel; and at least one on-tank valve (nozzle and pressure relief valve; para [45], lines 3, 12, 14) that is configured to control, with or without feedback, the filling and/or withdrawal of fuel.
Regarding claims 13 and 14, WPI teaches plural tanks each having a thermal pressure relief device (pressure relief valve; para [45], lines 13-15) that is configured to open an outlet of the on-tank valve by the action of heat, in order to protect the pressurized high-pressure storage tank from excess pressure.
Regarding claim 15, a pressure storage tank attachment device (brackets 104, 108) configured to attach the at least one high-pressure storage tank to the holding frame.
Regarding claim 16, WPI teaches a vehicle (Figure 2; para [8], lines 1-2) comprising: a vehicle frame (vehicle chassis); a passenger cabin (para [17], lines 1-2); and the high-pressure storage system recited above wherein the high-pressure storage system is attached to the vehicle frame by the base structure 105 of the holding frame.
Claim(s) 1, 12, and 16-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by McKibben (PGPub 2021/0155224)
Claim 1, McKibben teaches a holding frame 1300 (Figures 21) for attaching high-pressure storage tanks 1400 to a vehicle (tractor 40; Figure 1), the holding frame comprising: a base structure (bottom of housing 1350, Figure 21), which is configured to be attached to a counter-structure of the vehicle, and a support device (frame assembly 1360) that is configured to receive at least one high-pressure storage tank 1400, wherein: the support device comprises a first support member (1360) consisting of at least two shell elements (laterally spaced sides of support member 1360, Figure 21) spaced apart from one another at a predetermined distance in the transverse direction of the vehicle; and the shell elements comprise a first receiving portion (openings in the side of rack that encircle ends of tanks 1400) that is configured to encircle the at least one high-pressure storage tank over a predetermined angular range.
Regarding claim 12, McKibben teaches a high-pressure storage system for storing fuel, the high-pressure storage system comprising: the holding frame recited above; at least one high-pressure storage tank 1400 for storing fuel; and at least one on-tank valve (nozzle and pressure relief valve; para [0092], lines 21-22) that is configured to control, with or without feedback, the filling and/or withdrawal of fuel.
Regarding Claim 16, McKibben teaches a vehicle 40 comprising: a vehicle frame 43;a passenger cabin 56 (Figure 2); and the high-pressure storage system as recited above wherein the high-pressure storage system is attached to the vehicle frame by the base structure of the holding frame.
Regarding claim 17, McKibben teaches a fuel cell drive (para [0186], fuel cell module 1304) of the vehicle can be supplied with fuel, via the high-pressure storage system.
Regarding claim 18, McKibben teaches attachment flanges (1380, seen in Figure 21) of the base structure are configured to be attached to longitudinal beams 43A, 43B, of the chassis of the vehicle (Figure 1C).
Allowable Subject Matter
Claims 10 and 11 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Van Der Linden, Sloan, Brown, Frenz, Avadutala, and Hornback teach tank storage racks on vehicles.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Anne Marie M. Boehler whose telephone number is (571)272-6641. The examiner can normally be reached Monday-Friday, 8-5pm.
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/ANNE MARIE M BOEHLER/Primary Examiner, Art Unit 3611
/ab/