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 .
Response to Amendment
In the amendment filed July 14, 2025, claim 1 was amended. Claims 1-9 are pending, with claim 4 withdrawn.
Applicant's arguments with respect to the rejections of the claims over Sawai 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.
Election/Restriction
Applicant’s election of Species B in the reply filed on July 14, 2025 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claim Objections
Claims 3 and 9 are objected to because of the following informalities:
At claim 3, line 2: “the curved outer surface” should read “each curved outer surface”;
At claim 9, line 2: “the curved outer surface” should read “each curved outer surface”.
Appropriate correction is required.
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.
Claims 2, 3, and 7-9 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Claim 2 recites “the reinforcing member” in line 5. There is insufficient antecedent basis for this limitation in the claim. It is unclear whether this is referring to the first reinforcing member, the second reinforcing member, both, or something else. For purposes of examination, this limitation will be interpreted as “at least one of the first reinforcing member and the second reinforcing member.”
Claim 7 recites “the reinforcing member” in line 2. There is insufficient antecedent basis for this limitation in the claim. It is unclear whether this is referring to the first reinforcing member, the second reinforcing member, both, or something else. For purposes of examination, this limitation will be interpreted as “at least one of the first reinforcing member and the second reinforcing member.”
Claims 3, 8, and 9 are also rejected through their dependence on a rejected parent claim (details above).
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.
Claims 1-3 and 9 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by U.S. Pat. 10,465,848 to Newhouse (hereinafter, “Newhouse”).
Regarding claim 1, Newhouse discloses a high pressure tank (assembly 10, Figs. 1, 3) comprising: a liner (liner 20 of center pressure vessel 12, see Figs. 1, 2, 4) which is made of resin (col. 4, ll. 5-14), and includes a cylinder portion (see annotated Fig. 2 below) having a round tubular shape (see Fig. 2), and a gas filling chamber (annotated Fig. 2) formed in an interior of the liner (liner 20); a first cap member (cap 24, Figs. 1- 4) attached to one end part (annotated Fig. 2) in an axial direction of the liner (annotated Fig. 2); a second cap member (cap 30, Figs. 1- 4) attached to another end part (see Fig. 2) in the axial direction of the liner (annotated Fig. 2); a reinforcing layer (shell 22 of center pressure vessel 12, see Figs. 1, 2, 4) configured to cover an outer surface of the cylinder portion (see Fig. 4) and including first reinforcing fibers (col. 4, ll. 15-23; col. 6, ll. 30-42) hoop-wound a plurality of times along a circumferential direction of the cylinder portion (col. 6, ll. 30-42); and a first reinforcing member (band 48, annotated Fig. 3 below) and a second reinforcing member (band 48, annotated Fig. 3) that are laid over the first cap member (cap 24) and the second cap member (cap 30), and includes include second reinforcing fibers (col. 3, ll. 30-39) hoop-wound around the first cap member and the second cap member a plurality of times (col. 3, ll. 30-39; col. 6, ll. 43-57), the second reinforcing fibers extending in an axial direction of the cylinder portion (col. 3, ll. 30-39; col. 6, ll. 43-57; Fig. 3) between the first cap member (cap 24) and the second cap member (cap 30); and a ferrule member (boss 36, Fig. 2) provided on an axial line of the liner (center of liner parallel to axial direction, see Figs. 1-6) at one end in the axial direction of the liner (see Fig. 2), wherein the first reinforcing member (band 48, annotated Fig. 3) and the second reinforcing member (band 48, annotated Fig. 3) are arranged in parallel to and spaced apart from each other (see Fig. 3; col. 9, ll. 19-21) with the ferrule member (boss 36) interposed between the first reinforcing member (annotated Fig. 3) and the second reinforcing member (annotated Fig. 3) in a direction intersecting the axial direction of the liner (direction defined by line c—c in Fig. 3).
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Newhouse Annotated Figure 2
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Newhouse Annotated Figure 3
Regarding claim 2, Newhouse further discloses each of the first cap member (cap 24) and the second cap member (cap 30) includes a curved outer surface (annotated Fig. 2) that bulges convexly (see Fig. 2) in a direction away from a central portion (annotated Fig. 2) in the axial direction of the cylinder portion (annotated Fig. 2) as viewed from a direction orthogonal to an axis line of the cylinder portion (see Figs. 2, 4), and the reinforcing member (annotated Fig. 3) is attached to the curved outer surface (annotated Fig. 2; see also Fig. 3) of the first cap member (cap 24) and the curved outer surface (annotated Fig. 2; see also Fig. 3) of the second cap member (cap 30).
Regarding claim 3, Newhouse further discloses the curved outer surface (annotated Fig. 2) is an arc-shaped outer surface (see e.g., Fig. 4).
Regarding claim 9, Newhouse further discloses the curved outer surface (annotated Fig. 2) includes a groove portion (grooves formed by saddles 28, Fig. 2) extending in a winding direction of the second reinforcing fibers (see Figs. 2-3).
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 7 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Newhouse as applied to claim 1 above and in further view of U.S. Pat. 5,476,189 to Duvall et al. (hereinafter, “Duvall”).
Regarding claim 7, Newhouse does not expressly disclose a cushion member having an elastic force and disposed between the reinforcing member and at least one of the first cap member or the second cap member.
Duvall teaches a similar high pressure tank comprising a liner (liner 20, Fig. 2) with a cylinder portion (main body section 12, Fig. 1), and first and second cap members (bosses 16, Figs. 1-2). Duvall teaches a reinforcing layer (shell 18, Fig. 2) configured to cover an outer surface of the cylinder portion (see Fig. 2) and a reinforcing member laid over the first cap member (outer structure 54, Fig. 2). Duvall teaches a cushion member (damage mitigating material 50, Fig. 2) is disposed between the reinforcing member (outer structure 54) and the first cap member (boss 16, see Fig. 2). Duvall teaches that the cushion member (damage mitigating material 50) has an elastic force (col. 4, ll. 32-45). Duvall teaches that the cushion member permits compressive deformation (col. 4, ll. 32-45). Duvall teaches that the particular thickness, material, and density of the cushion member can be varied (col. 4, ll. 32-45; col. 5, ll. 5-14). Duvall teaches that the cushion member provides a protective function and increases the damage resistance of the tank (col. 5, ll. 26-46).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to have modified the high pressure tank of Newhouse to add a cushion member having an elastic force and permitting compressive deformation between the reinforcing member and one of the cap members as taught by Duvall for the purpose of increasing the damage resistance of the tank, as recognized by Duvall (col. 5, ll. 26-46).
Regarding claim 8, Newhouse as modified by Duvall does not expressly disclose under a condition that an internal pressure of the gas filling chamber is 0 MPa and an ambient temperature of the high pressure tank is 23 °C, an amount of compressive deformation of the cushion member corresponds to 0.2 % to 0.7 % of an axial length of the liner.
Newhouse as modified by Duvall already includes the cushion member permits compressive deformation (Duvall, col. 4, ll. 32-45), and that the compressive deformation may be varied because the material, thickness, and density of the cushion member may be varied (Duvall, col. 4, ll. 32-45; col. 5, ll. 5-14).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to have modified the high pressure tank of Newhouse/Duvall to have the claimed amount of compressive deformation because it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art (MPEP 2144.05(II)(A), citing In re Aller, 105 USPQ 233).
Allowable Subject Matter
Claims 5 and 6 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.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 5, Newhouse does not disclose the liner includes a first dome portion having a curved shape, a second dome portion having a curved shape, the first cap member including a first concave part lying along a shape of the first dome portion, and a second cap member including a second concave part lying along a shape of the second dome portion as claimed. It would not have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Newhouse to have such an arrangement without changing the principle of operation of that reference.
Claim 6 would be allowable based on its dependence from claim 5.
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 LAURA E. PARKER whose telephone number is (571)272-6014. The examiner can normally be reached Monday-Friday 8:00 am - 4:30 pm EST.
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/LAURA E. PARKER/Examiner, Art Unit 3733