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 .
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 1-12 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.
Claim 1 recites the limitation "the number of semicrystalline leaktightness layers" in. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation, “it being possible for said at least one polyamide thermoplastic polymer of each leaktightness layer to be identical or different” which renders the claim indefinite because it is not clear if said limitation is part of the claim or not. It is respectfully suggested that applicant remove the phrase “it being possible”.
Regarding claim 1, the phrase "in particular" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention.
Claim 1 recites the limitation, “said structure being devoid of a layer made of polyamide polymer, said layer made of polyamide polymer being the outermost and adjacent to the outermost layer of composite reinforcement” which renders the claim indefinite for several reasons. Applicant claims that the structure is devoid of a layer made of polyamide. However, the claim recites that the leaktightness layer comprises polyamide? Furthermore, it is unclear how two outermost layers can be adjacent to one another. Only one layer can be the outermost layer of the structure.
Claim 10 recites a layer (a) consisting of the composition and a layer (b) consisting of the composition. Claim 10 directly depends from claim 1 which recites a composition for the leaktightness layer and a composition for the reinforcement layer. It is not clear which composition claim 10 is referring to.
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.
Claim(s) 1-8 and 10-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO2021094686 (cited by applicant, English machine translation provided herein) in view of Sharp et al. (US 2014/0008373, cited by applicant).
WO2021094686 discloses multilayer structure intended for the transportation, for
the distribution and for the storage of hydrogen, comprising, from the inside toward the outside, at least one leaktightness layer(1) and at least one composite reinforcing layer(2), said an innermost composite reinforcing layer being wound around said an outermost adjacent leaktightness layer(1), said at least one leaktightness layers layer consisting of a composition predominantly comprising: at least one aliphatic polyamide thermoplastic polymer P1i, i = 1 to n, n being the number of semicrystalline leaktightness layers, with the exclusion of a polyether block amide (PEBA), said polyamide thermoplastic polymer being a polyamide exhibiting a mean number of carbon atoms per nitrogen atom of from 7 to 9, up to 30% by weight of impact modifier, with respect to the total weight of the composition, up to 1.5% by weight of plasticizer, with respect to the total weight of the composition, said composition being devoid of nucleating agent, it being possible for said at least one polyamide thermoplastic polymer of each leaktightness layer to be identical or different, and at least one of said composite reinforcing layers consisting of a fibrous material in the form of continuous fibers which is impregnated with a composition comprising predominantly at least one polymer P2j, (j = 1 to m, m being the number of reinforcing layers), in particular an epoxy or epoxy-based resin or a resin based on polyisocyanates, in particular
polyisocyanurates, said structure being devoid of a layer made of polyamide polymer, said layer made of polyamide polymer being the outermost and adjacent to the outermost layer of composite reinforcement (paragraphs [0002], [0061-0063], [0089-0090], [0102-0106], [0132], [0141-0146]).
WO2021094686 does not disclose a polyamide thermoplastic polymer being a polyamide exhibiting a mean number of carbon atoms per nitrogen atom of from 7 to 9 wherein the Tm of which, as measured according to ISO 11357-3: 2013, is greater than 200°C.
Sharp discloses a polyamide thermoplastic polymer being a polyamide exhibiting a mean number of carbon atoms per nitrogen atom of from 7 to 9 wherein the Tm of which, as measured according to ISO 11357-3: 2013, is greater than 200°C (since PA 6/12 has a melting point of between 210-220 degrees C, paragraphs [0002-0003], [0016-0017], [0020-0022] and Example 1) in a cylinder for high pressure gas for the purpose of providing improved gas barrier properties.
Therefore it would have been obvious to one of ordinary skill in the art at the time applicant’s invention was made to have provided a polyamide thermoplastic polymer being a polyamide exhibiting a mean number of carbon atoms per nitrogen atom of from 7 to 9 wherein the Tm of which, as measured according to ISO 11357-3: 2013, is greater than 200°C in WO2021094686 in order to provide improved gas barrier properties as taught or suggested by Sharp.
WO2021094686 discloses the limitations recited in 2-8 (paragraphs [0002], [0061-0063], [0089-0090], [0102-0106], [0132], [0141-0146]).
Sharp discloses said leaktightness layer comprises, from the inside toward the outside: a layer (a) consisting of a the composition as defined in claim 1; optionally a tie layer; a barrier layer to hydrogen; optionally a tie layer; a layer (b) consisting of a the composition (paragraphs [0002-0003], [0016-0017], [0020-0022] and Example 1).
The process steps recited in claims 11 and 12 are disclosed in WO2021094686 (paragraphs [0002], [0061-0063], [0089-0090], [0102-0106], [0132], [0141-0146]).
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO2021094686 (cited by applicant, English machine translation provided herein) in view of Sharp et al. (US 2014/0008373, cited by applicant), as applied to claims 1-8 and 10-12 above, and further in view of Imai (US 2018/0238491).
Modified WO2021094686 does not disclose wherein said structure additionally comprises at least one outer layer consisting of a fibrous material made of continuous glass fiber impregnated with a transparent amorphous polymer, said layer being the outermost layer of said multilayer structure.
Imai teaches an outermost protective layer consisting of a fibrous material made of continuous glass fiber impregnated with a transparent amorphous polymer, said layer being the outermost layer of said multilayer structure (since epoxy is amorphous and transparent, paragraphs [0002], [0040]) in a hydrogen gas tank for the purpose of providing improved protection.
Therefore it would have been obvious to one of ordinary skill in the art at the time applicant’s invention was made to have provided wherein said structure additionally comprises at least one outer layer consisting of a fibrous material made of continuous glass fiber impregnated with a transparent amorphous polymer, said layer being the outermost layer of said multilayer structure in WO2021094686 in order to provide improved protection as taught or suggested by Imai.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL C MIGGINS whose telephone number is (571)272-1494. The examiner can normally be reached Monday-Friday, 1-9 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Aaron Austin can be reached at 571-272-8935. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL C MIGGINS/Primary Examiner, Art Unit 1782
MCM
March 19, 2026
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