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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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.
Claims 16, 18, 20, 21, 23, 29 and 31-33 are rejected under 35 U.S.C. 103 as being unpatentable over Luerken et al. (EP2565513) in view of Caspari (DE102017006715A1).
Regarding claim 16, Luerken et al. teaches a pressure vessel assembly, shown in figure 5, comprising a plurality of pressure vessels 2, a plurality of fixed bearings 10, wherein first longitudinal ends of the pressure vessels are held by the fixed bearings (figure 5), and a plurality of floating bearings 11, wherein second longitudinal ends of the pressure vessels, which are arranged at an opposite end from the first longitudinal ends, are held by the floating bearings (figure 5), wherein longitudinal axes of the pressure vessels are oriented parallel to one another (figure 5).
Further regarding claim 16, Luerken et al. discloses the claimed invention except for the floating bearings having an inner sleeve, outer sleeve and elastic material. Caspari teaches that it is known to provide an assembly where the floating bearings have an inner sleeve, outer sleeve and elastic material (see element 9 in figure 10). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the assembly of Luerken et al. with the floating bearings have an inner sleeve, outer sleeve and elastic material, as taught by Caspari, in order to secure the end of the pressure vessel in a manner that allows for surface irregularities.
The assembly of Luerken, as modified by Caspari, teaches floating bearings (10 taught by Caspari) each comprise an inner sleeve (47 of Caspari) fastened to a second longitudinal end of the pressure vessel (1 of Caspari), an outer sleeve (shown in figures 15-17 of Caspari) distinct and separate from a floating bearing mount (the bearing mount is the component to which the outer sleeve is attached to support the tank), and a flexible and/or elastic material (31 of Caspari) arranged between the inner sleeve (47 of Caspari) and the outer sleeve (figure 10 of Caspari), wherein the flexible and/or elastic material forms an annular layer between the inner sleeve and the outer sleeve (figure 14) and is configured to permit limited axial movement of the inner sleeve relative to the outer sleeve by elastic deformation of the flexible and/or elastic material, and wherein an inner most surface of the outer sleeve (at 29 of Caspari) is positioned radially outward from an outermost surface of the inner sleeve (53 of Caspari; figures 2, 10 and 11 of Caspari).
Regarding claim 18, the outer sleeve is fastened in a floating bearing mount, as modified by Caspari (see figure 3 of Caspari).
Regarding claim 20, the inner sleeve being longer than the outer sleeve, as shown in figure 10 of Caspari.
Regarding claim 21, the flexible and/or elastic material is rubber (shown at 31 in Caspari).
Regarding claim 23, the floating bearings having a pin at 11 of Caspari.
Regarding claim 29, at least one media line which is fluidically connected to the pressure vessels at the first longitudinal ends, as shown in figure 5 (see elements 19, 20, 21).
Regarding claim 31, the flexible and/or elastic material 31 has an external indentation (adjacent lead line 29) and an internal indentation (at lead line 53).
Regarding claim 32, the outer sleeve is fixedly connected to a floating bearing holder which is considered to be the opening which receives 11 at the distal end of 11.
Regarding claim 33, the floating bearing mount extends over a plurality of the floating bearings and holds the plurality of floating bearings jointly. The floating bearing mount is not introduced in the claims as an element of the claimed invention. The pressure vessel assembly of the modified Luerken et al. invention is capable of being attached via elements 11 to a floating bearing mount which holds the multiple floating bearings.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Luerken et al. (EP2565513) in view of Caspari (DE102017006715A1), as applied to claim 16 above, and further in view of Tzivanopoulos et al. (DE102018219559A1).
Regarding claim 19, the modified assembly of Luerken et al. discloses the claimed invention except for the screwing connection. Tzivanopoulos et al. teaches that it is known to provide an assembly with a threaded connection between the bearing and the end of the pressure vessel (see 118 in figure 25). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the modified assembly of Luerken et al. with a threaded connection between the vessel and the bearing, as taught by Tzivanopoulos et al., in order to prevent accidental disconnection of the pressure vessel from the bearing.
Claim 22 is rejected under 35 U.S.C. 103 as being unpatentable over Luerken et al. (EP2565513) in view of Caspari (DE102017006715A1), as applied to claim 16 above, and further in view of Xu et al. (CN 208831911U).
Regarding claim 22, the modified assembly of Luerken et al. discloses the claimed invention except for the inner sleeve and the outer sleeve being vulcanized onto the flexible and/or elastic material. Xu et al. teaches that it is known to provide an assembly with surrounding elements being vulcanized onto the flexible and/or elastic material (see elements 31 and 32). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the modified assembly of Luerken et al. with the inner sleeve and the outer sleeve being vulcanized onto the flexible and/or elastic material, as taught by Xu et al., in order to secure and protect the elements of the floating ring.
Claims 24-27 are rejected under 35 U.S.C. 103 as being unpatentable over Luerken et al. (EP2565513) in view of Caspari (DE102017006715A1), as applied to claim 16 above, and further in view of Baur et al. (DE 102013014958A1).
Regarding claim 24, the modified assembly of Luerken et al. discloses the claimed invention except for the fixed bearing having a rubber ring. Baur et al. teaches that it is known to provide an assembly where the fixed bearings having a rubber ring (see element 9 and 7). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the modified assembly of Luerken et al. with the fixed bearings having a rubber ring, as taught by Baur et al., in order to secure the end of the pressure vessel in a manner that allows for surface irregularities.
Regarding claim 25, the fixed bearings each comprise a rubber ring which surrounds the first longitudinal end of the pressure vessel (figure 3 of Baur et al.).
Regarding claim 26, the rubber ring is held in a form-fitting manner by an outer ring which is arranged directly radially outside the rubber ring (see elements 13 and 7 in figure 3 of Baur et al.).
Regarding claim 27, a plurality of frontal pocket-shaped and/or kidney-shaped recesses are formed in the rubber ring (see seal between 7 and 13 forms pocket shaped recesses to receive threads of 7 and 13 of Baur et al.).
Claim 28 is rejected under 35 U.S.C. 103 as being unpatentable over Luerken et al. (EP2565513) in view of Caspari (DE102017006715A1), and Kirk et al. (U.S. 5,515,997), as applied to claim 25 above, and further in view of Tzivanopoulos et al. (DE102018219559A1).
Regarding claim 28, the modified assembly of Luerken et al. discloses the claimed invention except for the screwing connection. Tzivanopoulos et al. teaches that it is known to provide an assembly with a threaded connection between the bearing and the end of the pressure vessel (see 118 in figure 25). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the modified assembly of Luerken et al. with a threaded connection between the vessel and the bearing, as taught by Tzivanopoulos et al., in order to prevent accidental disconnection of the pressure vessel from the bearing.
Claims 30 and 35 are rejected under 35 U.S.C. 103 as being unpatentable over Luerken et al. (EP2565513) in view of Caspari (DE102017006715A1), as applied to claim 16 above, and further in view of Sawai (DE102018119087A1).
Regarding claim 30, the modified assembly of Luerken et al. discloses the claimed invention except for the assembly being in a vehicle. Sawai teaches that it is known to provide an assembly in a vehicle (see figure 1). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the modified assembly of Luerken et al. in a vehicle, as taught by Sawai, in order to use the assembly to allow the vehicle to function.
Regarding claim 35, the pressure vessel assembly forms a unit fitted in an underfloor area beneath a passenger compartment of the motor vehicle (as shown in figure 1 of Sawai.
Claim 34 is rejected under 35 U.S.C. 103 as being unpatentable over Luerken et al. (EP2565513) in view of Caspari (DE102017006715A1), as applied to claim 16 above, and further in view of Hampsten (U.S. 7,389,890).
Regarding claim 34, the modified assembly of Luerken et al. discloses the claimed invention except for the pressure vessel being a composite overwrapped vessel. Hampsten teaches that it is known to provide an assembly in a vehicle with the pressure vessel being a composite overwrapped vessel (see Abstract). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the modified assembly of Luerken et al. in a vehicle with the pressure vessel being a composite overwrapped vessel, as taught by Hampsten, in order to use a reinforced material to form the vessel, and since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Response to Arguments
Applicant's arguments filed April 14, 2026 have been fully considered but they are not persuasive. Applicant argues the secondary reference of Caspari (DE102017006715A1) does not teach an outer sleeve that is “distinct and separate from” a floating bearing mount, as set forth in claim 16. It is the examiner’s position that Caspari meets this limitation of claim 16, to the degree set forth in claim 16. The outer sleeve at lead line 9 is considered the outer sleeve which is attached by elements 11 to a supporting structure which is considered to be the floating bearing mount. This supporting structure is distinct and separate from the outer sleeve as they are not integrally formed, they are attached by elements 11. The outer sleeve at 9 is not considered to be the floating bearing mount. It should also be noted that the floating bearing mount is not recited in the claim as an element of the claimed invention.
Conclusion
THIS ACTION IS MADE FINAL. 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 NIKI MARINA ELOSHWAY whose telephone number is (571)272-4538. The examiner can normally be reached Monday through Friday 7: 00 a.m. to 3:00 p.m.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Orlando E. Aviles can be reached at 571-270-5531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/NIKI M ELOSHWAY/Examiner, Art Unit 3736
/ORLANDO E AVILES/Supervisory Patent Examiner, Art Unit 3736
Prosecution Insights