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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the from claim 2, “a plurality of intermediate pressure vessel (11)s” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claim 2, is 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.
Claim 2, recites” a plurality of intermediate pressure vessel (11)s”. This limitation is confusing since the specification only mentions this limitation and the drawings do not show it what is consider a plurality of intermediate pressure vessel (11)s? Also, from the drawings how would these plural layer be connected? Or spaced?
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.
Claim(s) 1-8 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Loveday (USPN 3,030,780).
With respect to claim 1, Loveday shows a phase change accumulator (page 1), comprising: an inner pressure vessel (28); an outer pressure vessel (12); and at least one intermediate pressure vessel (11); wherein the inner, the at least one intermediate, and the outer pressure vessel (12)s are nested concentrically such that the at least one intermediate pressure vessel (11) is within the outer pressure vessel (12), and the inner pressure vessel (28) is within the at least one intermediate pressure vessel (11).
With respect to claim 2, Loveday shows a wherein the at least one intermediate pressure vessel (11) is a plurality of intermediate pressure vessels (11,21).
With respect to claim 3, Loveday shows a wherein the at least one intermediate pressure vessel (11) is one intermediate pressure vessel (11).
With respect to claim 4, Loveday shows a further including a first end cap (bottom caps shown but not labeled) defining a first end of each of the inner (28), intermediate (11), and outer pressure vessels (12) and therefore a first end (bottom end of the phase change accumulator.
With respect to claim 5, Loveday shows a further including a second end cap (top caps shown but not labeled) defining a second end of each of the inner, intermediate, and outer pressure vessels (12) and therefore a second end (top end) of the phase change accumulator.
With respect to claim 6, Loveday shows a wherein the second end cap (top end) is a second end cap assembly having an inner end cap (cap on 28), an outer end cap (cap on 12), and an intermediate end cap (cap in 11) positioned intermediate the inner end cap and the outer end cap.
With respect to claim 7, Loveday shows a further including: an external cylindrical shell (shell of 12); an inner cylindrical shell (shell of 28); and an intermediate cylindrical shell (shell of 11); wherein the inner cylindrical shell is mounted with a fluid-tight seal between a first end cap and the inner end cap of the second end cap assembly; wherein the intermediate cylindrical shell is mounted with a fluid-tight seal between the first end cap and the intermediate end cap of the second end cap assembly; wherein the external cylindrical shell is mounted with a fluid-tight seal between the first end cap and the outer end cap of the second end cap assembly; wherein a space (inside 28) within the inner cylindrical shell defines the inner pressure vessel (28); wherein a space (13) between the external cylindrical shell and the intermediate cylindrical shell defines the outer pressure vessel (12); and wherein a space (L and G) between the inner cylindrical shell and the intermediate cylindrical shell defines the intermediate pressure vessel (11).
With respect to claim 8, Loveday shows a wherein the inner pressure vessel (28) is configured to contain gas (shown as head space ) having the highest relative pressure in the phase change accumulator; wherein the outer pressure vessel (12) is configured to contain gas (vacuum very low pressure)having the lowest relative pressure in the phase change accumulator; and wherein the intermediate pressure vessel (11) is configured to contain gas (G) having a pressure between the lowest relative pressure and the highest relative pressure in the phase change accumulator.
Claim(s) 13-17, is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by O’Brian (US PN 2024/0263649) .
The applied reference has a common inventor with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2). This rejection under 35 U.S.C. 102(a)(2) might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C. 102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B) if the same invention is not being claimed; or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed in the reference and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement.
With respect to claim 13, O’Brian shows an accumulator (100), comprising: an inner pressure vessel (102); an outer pressure vessel (106); at least one intermediate pressure vessel (104); and a piston (128) slidably mounted within the inner pressure vessel (102); wherein the inner (102), the at least one intermediate (104), and the outer pressure vessels (106) are nested concentrically such that the at least one intermediate pressure vessel (104) is within the outer pressure vessel (106), and the inner pressure vessel (102) is within the at least one intermediate pressure vessel (104).
With respect to claim 14, O’Brian shows wherein a portion of the interior of the inner pressure vessel (102) defines a fluid volume (inside 102), and wherein the piston (128) slidably mounted within the inner pressure vessel (102) is movable against the fluid volume.
With respect to claim 15, O’Brian shows wherein the piston (128) a cup-shaped cylindrical piston having an inner surface defining an axial bore extending from a firs (TYPO -first-), open end (132) to a second, closed end (134) of the piston.
With respect to claim 16, O’Brian shows wherein the piston and the interior of the inner pressure vessel (102) cooperate to separate a gas volume from the fluid volume within the interior of the inner pressure vessel (102). (functional language met by reference)
With respect to claim 17, O’Brian shows further including: a first end cap (108) defining a first end of each of the inner, intermediate, and outer pressure vessels and therefore a first end of the phase change accumulator; and a second end cap (110) assembly having an inner end cap, an outer end cap, and an intermediate end cap positioned intermediate the inner end cap and the outer end cap.
Allowable Subject Matter
Claims 9-12 and 18-20 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHAWN M BRADEN whose telephone number is (571)272-8026. The examiner can normally be reached M-F 8am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Orlando E Aviles-Bosques 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.
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/SHAWN M BRADEN/Primary Examiner, Art Unit 3736