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 .
Information Disclosure Statement
The listing of references in the specification is not a proper information disclosure statement. 37 CFR 1.98(b) requires a list of all patents, publications, or other information submitted for consideration by the Office, and MPEP § 609.04(a) states, "the list may not be incorporated into the specification but must be submitted in a separate paper." Therefore, unless the references have been cited by the examiner on form PTO-892, they have not been considered. DE-102006035274 mentioned on page 3 of the specification was not listed in the IDS.
The information disclosure statement filed May 3, 2024 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file, but the information referred to therein has not been considered. The NPL document “Bauernblatt Article” has not been considered because no copy was provided. The NPL document in the file wrapper appears to be blank.
Claim Objections
Claims 5, 7, 17, and 19 are objected to because of the following informalities:
At claim 5, line 3: “arranged between first layer” should read “arranged between the first layer”;
At claim 7, line 2: “the reinforcement elements comprises an” should read “the reinforcement elements comprise an”;
At claim 17, line 1: “fuel cells and vessel” should read “fuel cells and a vessel”;
At claim 19, line 5: “the sensor elements the at least one receiver and the at least one transmitter” should read “the sensor elements, the at least one receiver, and the at least one transmitter”.
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 5, 7, 15, 16, and 19 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 5 recites “an adhesion promoting layer arranged between first layer, containing sensor elements and the metal of the main body” in lines 2-4. It is unclear whether the “sensor elements” are within the adhesion promoting layer or the first layer.
Claim 7 recites “the reinforcement elements” in line 2. It is unclear whether this is referring to the “reinforcing elements” recited in claim 1 at lines 18-19, or something else. For purposes of examination, this limitation will be interpreted as “the reinforcing elements.”
Claim 7 recites “a resozin-formaldehyde-latex cover” in line 6. It is unclear what this material is. The specification does not describe this material (see Specification at p. 12). An internet search for this material did not yield any clarification. It is unclear whether this was supposed to say resorcinol-formaldehyde-latex, or something else.
Claim 15 recites “applying a fixation matrix and an embedding medium on the tensile cords and curing one or more of the fixation matrix and the embedding medium” in lines 13-14. It is unclear whether “fixation matrix” and “embedding medium” are referring to two different elements, or whether there is a single material that is both a fixation matrix and embedding medium. The specification explains that “Suitable fixing matrices are used to fix the reinforcing elements in place. Such matrices are known, e.g., flame-retardant epoxy resins that serve as a matrix embedding medium are suitable” (specification at p. 11). Thus, the specification appears to describe that a single material is a fixation matrix and embedding medium.
Claim 19 recites “at least one transmitter for sending electrical fields of electromagnetic waves” in lines 2-3. It is unclear what this means. The specification does not mention “electromagnetic waves.”
Claim 16 is also rejected based on its dependence from 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, 2, 5, 6, 8-16, 19, and 20 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by U.S. Pub. 2008/0148853 to Kim (hereinafter, “Kim”).
Regarding claim 1, Kim discloses a pressure vessel (tank 500, Figs. 5A-B) for receiving and storing gases (para. [0038]), comprising: a main body (inner liner 502, Fig. 5B) made of metal (paras. [0032], [0038]) wherein inner sides of the main body (inner liner 502) come into contact with one or more gases to be stored (see Fig. 5B; paras. [0032], [0038]); an outer shell (outer shell formed by shells 504 and 506, Fig. 5B; para. [0038]) formed in at least in some areas of the main body (see Fig. 5B); at least one inlet of the main body (boss 508, Fig. 5B) and at least one outlet of the main body (boss 510, Fig. 5B); and wherein the outer shell (shells 504, 506) formed in at least some areas of the main body (liner 502) is a multi-layered shell (see Fig. 5B) having a first layer arranged on the main body (shell 504, Fig. 5B), wherein the first layer (shell 504) comprises a plurality of sensor elements (sensors 542, 544, 545, Fig. 5B; paras. [0038]-[0039]) for detecting state variables (see paras. [0038]-[0039]), wherein the plurality of sensor elements (sensors 542, 544, 545) are arranged at a distance from one another in a fixed position (see Fig. 5B) in an elastomer (paras. [0027], [0038], [0040]), and[AltContent: rect]a second layer (shell 506, Fig. 5B) arranged on an outside of the first layer (see Fig. 5B), wherein this second layer has a matrix and reinforcing elements embedded in the matrix (paras. [0024], [0038]).
Regarding claim 2, Kim further discloses a permanent electrical contact (electrical connection ring 526, Fig. 5B; para. [0040]) or a local power source connected permanently or detachably to the pressure vessel (see Fig. 5B).
Regarding claim 5, Kim further discloses an adhesion promoting layer (paras. [0028]-[0029], [0038]) arranged between first layer (shell 504), containing sensor elements (sensors 542, 544, 545), and the metal of the main body (inner liner 502).
Regarding claim 6, Kim further discloses a metal wire or metallized thread (paras. [0025], [0038]) configured as a transmitter and/or a receiver in the second layer (para. [0025]), wherein the metal wire or metallized thread is optionally part of the reinforcing elements.
Regarding claim 8, Kim further discloses the outer shell (shells 504 and 506) essentially encloses or completely encases (see Fig. 5B) the main body (liner 502).
Regarding claim 9, Kim discloses a pressure storage system (system 700, Fig. 7; see also paras. [0041]-[0042], [0045]) comprising a pressure vessel as claimed in claim 1 (see rejection of claim 1 above).
Regarding claim 10, Kim further discloses a device for generating or transmitting electric fields (para. [0042]).
Regarding claim 11, Kim further discloses a control unit (control module 610, Fig. 6; para. [0042]-[0045]) for processing data received from the plurality of sensor elements (see e.g., paras. [0042]-[0045]) and for determining relative changes in position of the plurality of sensor elements in relation to one another (see e.g., paras. [0042]-[0045]).
Regarding claim 12, Kim further discloses an output unit (see paras. [0044], [0055]) for visualizing the pressure storage system and changes in the state variables determined by the plurality of sensor elements (see paras. [0044], [0055]).
Regarding claim 13, Kim further discloses a device (paras. [0042]-[0043]) including a control unit for controlling release of gas located in the pressure vessel (paras. [0042]-[0043]).
Regarding claim 14, Kim further discloses the pressure storage system as claimed in claim 9 (see rejection of claim 9 above) configured for storing hydrogen (para. [0056]).
Regarding claim 15, Kim discloses a method of manufacturing a pressure vessel (tank 500, Figs. 5A-B) as claimed in claim 1 (see rejection of claim 1 above), comprising: providing a main body (inner liner 502, Fig. 5B); at least partially encasing of the main body (inner liner 502) with a first layer (shell 504, Fig. 5B) comprising a plurality of sensor elements (sensors 542, 544, 545, Fig. 5B; paras. [0038]-[0039]) for detecting state variables (see paras. [0038]-[0039]), wherein the plurality of sensor elements (sensors 542, 544, 545) are arranged at a distance from one another (see Fig. 5B) in a stationary manner in an elastomer (paras. [0027], [0038], [0040]), and wherein the first layer (shell 504) is applied to an outer surface of the main body (inner liner 502, see Fig. 5B), optionally with an adhesion promoting layer; winding tensile cords (paras. [0024], [0038]) around the main body having the first layer (paras. [0024], [0038]); and applying a fixation matrix and an embedding medium (paras. [0024], [0038]) on the tensile cords (paras. [0024], [0038]) and curing one or more of the fixation matrix and the embedding medium (paras. [0024], [0038]).
Regarding claim 16, Kim further discloses the first layer (shell 504) is obtained by applying the plurality of sensor elements to a film (see paras. [0024]-[0027], [0038]) and then applying an elastomer film with subsequent lamination thereof (see paras. [0024]-[0027], [0038]).
Regarding claim 19, Kim further discloses at least one receiver for receiving information (para. [0025]) and at least one transmitter for sending electrical fields of electromagnetic waves (para. [0025]), wherein the at least one receiver and the at least one transmitter (see para. [0025]) are arranged in either or both the first layer and the second layer (see para. [0025]), and wherein the sensor elements the at least one receiver and the at least one transmitter are in communication with each other (see e.g., para. [0025]).
Regarding claim 20, Kim further discloses a pressure relief valve (relief valve 616, para. [0042]) connected to the main body (paras. [0041]-[0042]).
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 3 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Kim as applied to claim 1 above, and further in view of CN 106696315 to Zhu et al. (hereinafter, “Zhu”).
Regarding claim 3, Kim does not expressly disclose the reinforcing elements are tensile cords, and wherein the tensile cords are made of aramid, optionally with an isocyanate stiffener.
Zhu teaches a similar pressure vessel for receiving and storing gases comprising a metal main body (metal inner layer 1, Fig. 1) and an outer shell (layers 2 and 3, Fig. 1). Zhu teaches the vessel includes a plurality of sensor elements (sensor devices 5, Fig. 1). Zhu teaches a second layer arranged outside of a first layer, the second layer having a matrix and reinforcing elements embedded in the matrix (composite material layer 3; p. 2, ll. 40-48 of attached translation). Zhu teaches the reinforcing elements are tensile cords made of aramid (p. 2, ll. 47-48).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to have modified the pressure vessel of Kim to have the reinforcing elements be tensile cords made of aramid as taught by Zhu because Zhu teaches that aramid cords are a known fiber composite material for use in pressure vessels, and the selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination (MPEP 2144.07).
Regarding claim 4, Kim does not expressly disclose the metal in the main body is steel.
Zhu teaches a similar pressure vessel for receiving and storing gases comprising a metal main body (metal inner layer 1, Fig. 1) and an outer shell (layers 2 and 3, Fig. 1). Zhu teaches the vessel includes a plurality of sensor elements (sensor devices 5, Fig. 1). Zhu teaches a second layer arranged outside of a first layer, the second layer having a matrix and reinforcing elements embedded in the matrix (composite material layer 3). Zhu teaches the metal main body may be steel (p. 2, ll. 10-13).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to have modified the pressure vessel of Kim to form the main body from steel as taught by Zhu because Zhu teaches that steel is a known material for use in a pressure vessel main body, and the selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination (MPEP 2144.07).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Kim as applied to claim 1 above, and further in view of Zhu and WO-2009133563 to Sarid et al. (hereinafter, “Sarid”).
Regarding claim 7, Kim does not expressly disclose the reinforcement elements comprises an aramid tensile cord in a form of a fiber bundle of individual filaments made of aramid, wherein the fiber bundle is stiffened with isocyanate, and wherein the fiber bundle has a resozin-formaldehyde-latex cover, and wherein the fiber bundle optionally comprises a metal wire or metallized thread as part of the tensile cord.
Zhu teaches a similar pressure vessel for receiving and storing gases comprising a metal main body (metal inner layer 1, Fig. 1) and an outer shell (layers 2 and 3, Fig. 1). Zhu teaches the vessel includes a plurality of sensor elements (sensor devices 5, Fig. 1). Zhu teaches a second layer arranged outside of a first layer, the second layer having a matrix and reinforcing elements embedded in the matrix (composite material layer 3; p. 2, ll. 40-48 of attached translation). Zhu teaches the reinforcing elements are tensile cords made of aramid formed from a fiber bundle of individual filaments (p. 2, ll. 47-48; p. 3, ll. 12-19). Zhu further teaches that the reinforcing elements being formed from a fiber bundle improves the structural integrity of the composite material (p. 3, ll. 12-19).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to have modified the pressure vessel of Kim to have the reinforcing elements be tensile cords made of a fiber bundle of individual filaments made of aramid as taught by Zhu for the purpose of improving the structural integrity of the outer shell, as recognized by Zhu (see p. 3, ll. 12-19), and because Zhu teaches that aramid cords are a known fiber composite material for use in pressure vessels, and the selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination (MPEP 2144.07).
Kim as modified by Zhu does not expressly disclose the fiber bundle the fiber bundle is stiffened with isocyanate, and wherein the fiber bundle has a resozin-formaldehyde-latex cover.
Sarid teaches a pressure vessel for receiving and storing fluids (p. 8, ll. 9-15). Sarid teaches a shell having a matrix and reinforcing elements embedded in the matrix (see e.g., p. 9, ll. 3-33). Sarid teaches the reinforcing elements may include aramid fibers (p. 9, ll. 10-19; p. 12, ll. 1-16). Sarid teaches the aramid fibers may include an isocyanate coating and be dipped in resorcinol-formaldehyde-latex, or RFL (p. 12, ll. 1-16). Sarid teaches that the process of coating with isocyanate and dipping in RFL provides good bonding between the fibers and the matrix (p. 12, ll. 1-16).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to have modified the pressure vessel of Kim/Zhu to have the fiber bundle include isocyanate and a RFL cover as taught by Sarid for the purpose of improving bonding within the outer shell, as recognized by Sarid (see p. 12, ll. 1-16).
Claims 17 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of U.S. Pub. 2022/0381403 to Ehgartner et al. (hereinafter, “Ehgartner”).
Regarding claim 17, Kim discloses a device (vehicle 860, para. [0055]) with the vessel as claimed in claim 1 (see rejection of claim 1 above) for pressure storage of hydrogen (para. [0056]).
Kim does not expressly disclose the device comprises fuel cells.
Ehgartner teaches a similar pressure vessel comprising a main body, an outer shell, and a plurality of sensor elements for detecting state variables (para. [0025]). Ehgartner teaches the pressure vessel may be used to store hydrogen as fuel for a fuel cell motor vehicle (see paras. [0005], [0023]).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to have modified the device of Kim to include a fuel cell on the vehicle as taught by Ehgartner for the purpose of providing propulsion to the vehicle, and because it is no more than a simple substitution of one propulsion system for another that is known in the art for vehicles and would only produce the predictable results of having a vehicle with hydrogen as the fuel.
Regarding claim 18, Kim further discloses said device (vehicle 860) is selected from the group consisting of automobiles, commercial vehicles, trains, ships, aircraft, and drones (Fig. 8B; para. [0055]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Pub. 2022/0316656 to Burks discloses a pressure vessel comprising a metal main body and a plurality sensing elements.
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/LAURA E. PARKER/Examiner, Art Unit 3733