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
Receipt is acknowledged of the Preliminary Amendment filed on July 8, 2024. Accordingly, claims 1-6 and newly added claims 7 and 8 are currently pending in the application.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on July 8, 2024 is being considered by the examiner.
Claim Interpretation
According to MPEP 2112.02: Process Claims, it is noted that “Under the principles of inherency, if a prior art device, in its normal and usual operation, would necessarily perform the method claimed, then the method claimed will be considered to be anticipated by the prior art device” (emphasis added). It is also noted in that same MPEP section that “The Federal Circuit upheld the Board’s finding that "Donley inherently performs the function disclosed in the method claims on appeal when that device is used in ‘normal and usual operation’" and found that a prima facie case of anticipation was made out” (emphasis added). Id. at 138, 801 F.2d at 1326. It was up to applicant to prove that Donley's structure would not perform the claimed method when placed in ambient light.).”
With regard to claims 3-5 and 7, these claims present a method for producing a concrete test piece according to the concrete test piece of claims 1 and 2. Therefore, the argument made against claims 1 and 2 also applies, mutatis mutandis, to claims 3-5 and 7. In addition, it is clearly seen that claims 3-5 and 7 are process claims which present a process of making the concrete test piece as claimed in claims 1 and 2.
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 and 7 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Kawamori et al. (WO 2021049379 A1).
Kawamori et al. teaches hydrogen permeation test device comprising:
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With regard to claims 1 and 3, a concrete test piece (FIG. 1, hydrogen permeation test device 1) comprising: a concrete (FIG. 1, metal test piece 2) having a planar first surface (FIG. 1, hydrogen detection face 2b); a metal (FIG. 1, metal test piece 2) embedded in the first surface (FIG. 1, hydrogen detection face 2b); and a metal film (metal plating) formed on the first surface (FIG. 1, hydrogen detection face 2b) including the metal (For more details, please read: Abstract; and paragraphs: [0025]-[0030]).
With regard to claims 2, 5 and 7, the metal film (metal plating) includes nickel or palladium (For more details, please read: Abstract; and paragraphs: [0025]-[0030]).
With regard to claim 4, the metal film (metal plating) is formed by a vacuum evaporation method (For more details, please read: Abstract; and paragraphs: [0025]-[0030]).
Allowable Subject Matter
Claims 6 and 8 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:
The primary reason for the indication of the allowability of claims 6 and 8 is the inclusion therein, in combination as currently claimed, of the limitation of immersing the first surface of the concrete in a sodium hydroxide solution and placing a second surface opposite the first surface in an outdoor environment to detect current flowing in the sodium hydroxide solution; and calculating the amount of the hydrogen penetrating the metal based on the detected current. This limitation is found in claims 6 and 8 is neither disclosed nor taught by the prior art of record, alone or in combination.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Applicants’ attention is invited to the followings whose inventions disclose similar devices.
Ootsuka et al. (US 2015/0219549 A1) teaches an apparatus that measures the amount of hydrogen penetrated into metal.
Huang et al. (CN 104697924 A) teaches a marine environment condition measuring hydrogen penetrating current device and method.
Ye et al. (CN 105606767 A) teaches a hydrogen storage performance testing device for high vacuum-high pressure combination of low suction hydrogen balance pressure material.
CONTACT INFORMATION
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HOAI-AN D. NGUYEN whose telephone number is (571) 272-2170. The examiner can normally be reached MON-THURS (7:00 AM - 5:00 PM).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, LEE E. RODAK can be reached at 571-270-5628. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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HOAI-AN D. NGUYEN
Primary Examiner
Art Unit 2858
/HOAI-AN D. NGUYEN/Primary Examiner, Art Unit 2858