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 § 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.
Claims 1-5, 9 and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lee et al. (KR 20110095720A). Lee et al. teaches an insulating device (shown in figure 1) for insulating a useable space (cavity of 100) from an external environment, having an inner shell 100 which bounds a useable space and which is surrounded by an outer shell 160, 120, the inner shell 100 being movably accommodated in the outer shell (figure 1) and delimiting an insulating space (between 120 and 100) with the outer shell 160, 120, and the inner shell 100 being assigned a superconductor 110, and with a magnet 130 assigned to the outer shell (at 120), which magnet 130 enables a force-transmitting interaction with the superconductor 110 for the contactless provision of supporting forces for the inner shell (figure 1).
Regarding claim 2, wherein the insulation space between the inner shell 100 and the outer shell 120, 160 is gas-tight (the space between 120 and 100 “is preferably maintained in a vacuum state”).
Regarding claim 3, a support element 150 which is elastically deformable or shape-changing support element (to the degree set forth in the claim, 150 is considered a shape-changing support element because the shape of the insulating space is changed when the support is engaged with the inner container) is arranged in the insulating space between the inner shell 100 and the outer shell 120, which support element 150 is designed to supports the weight of the inner shell.
Regarding claim 4, the magnet 130 is arranged in a movable manner on the outer shell (since 130 is not permanently secured to the outer shell 120).
Regarding claim 5, the inner shell 100 has a constant profile along a profile section (figure 1) and wherein a plurality of permanent magnets 130 and/or superconductors 110 are provided along the profile section (figure 1).
Regarding claim 9, the inner shell 100 is made, at least in some areas, of a composite material which comprises a proportion of superconductor material (the inner shell may be comprised of 100 and some elements 130).
Regarding claim 10, an insulating layer is arranged in the insulation space (regarding the insulating space, it “may be possible to fill other materials for thermal insulation purposes”).
Claim 11 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Brunnhofer (WO2006/034521A1). Regarding claim 11, Brunnhofer teaches a method for producing an insulating device (figure 1) having an inner shell 2 which bounds a useable space (cavity of 2) and which is surrounded by an outer shell 1, the inner shell 2 being movably accommodated in the outer shell and delimiting an insulating space with the outer shell, and the inner shell 2 being assigned a superconductor 6, and with a magnet 48 assigned to the outer shell 1, which magnet enables a force- transmitting interaction with the superconductor for the contactless provision of supporting forces for the inner shell, characterized in that the inner shell 2 is produced by a method of producing the inner shell by wrapping a winding form with one or more tape materials 6 which are at least partially made of superconductor material or comprise superconductor material, and wherein in a subsequent step, the inner shell is inserted into the outer shell 1 (figure 1).
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.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (KR 20110095720A) in view of Rebernik (WO 2008/036991A1). Lee et al. discloses the claimed invention except for the inner shell being connected to the outer shell at each end. Rebernik teaches that it is known to provide a container with an inner shell being connected to the outer shell at each end (see elements 3). 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 container of Lee et al. with the inner shell being connected to the outer shell at each end, as taught by Rebernik, in order to prevent movement of the inner shell with respect to the outer shell as certain temperatures.
Claims 7 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (KR 20110095720A) in view of Brunnhofer (WO 2006/034521A1). Lee et al. discloses the claimed invention except for the inner and outer shells being bottle-shaped. Brunnhofer teaches that it is known to provide a container with the inner and outer shells being bottle-shaped (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 container of Lee et al. with the inner and outer shells being bottle-shaped, as taught by Brunnhofer, in order to provide the shells with a conventional shape that allows for dispensing of the contents.
Regarding claim 8, a first superconductor 110 is arranged adjacent to a bottom region of the bottle-shaped inner shell (figure 1) and a permanent magnet or a second superconductor 130 is located on a side wall (figure 1) of the bottle-shaped inner shell, which side-wall is formed between the bottom region and a neck region of the inner shell (as modified by Brunnhofer, above).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art is cited for the inner and outer shells and the insulating space.
THIS ACTION IS NON-FINAL.
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..
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/NIKI M ELOSHWAY/Examiner, Art Unit 3736