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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-5, 7, 9, 11-15, 17 and 19 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-5, 9, 11-15 and 18 of copending Application No. 18/742,196 (‘196).
In reference to Claim 1, although the claims at issue are not identical, they are not patentably distinct from each other because they claim the same method for conducting a chilldown process for a propellant storage tank in microgravity, comprising providing a propellant storage tank that has a low thermal conductivity thin-filmed coating layer as an inner surface, wherein the low thermal conductivity thin-filmed coating layer has a thermal conductivity in a range of 0.1 Watt per meter-Kelvin to 1.0 Watt per meter- Kelvin; determining a temperature of the propellant storage tank in a microgravity environment; spraying, by a feed system that uses a pulsing flow, liquid propellant fluid against the inner surface of a wall of the propellant storage tank; and terminating the pulsing flow and the chilldown process upon the temperature of the propellant storage tank meeting a liquid propellant temperature (all claim 11).
In reference to claim 2, ‘196 claims the method as explained in the rejection of claim 1 above, and ‘196 additionally claims wherein the low thermal conductivity thin-filmed coating
layer comprises fluorinated ethylene propylene (claim 13).
In reference to claim 3, ‘196 claims the method as explained in the rejection of claim 1 above, and ‘196 additionally claims wherein the low thermal conductivity thin-filmed coating
layer has a thickness in a range from 20 micrometers to 100 micrometers (claim 14).
In reference to claim 4, ‘196 claims the method as explained in the rejection of claim 1 above, and ‘196 additionally claims wherein the feed system uses a spray nozzle for spraying
the propellant fluid against the wall (claim 11, line 6 and all claim 12).
In reference to claim 5, ‘196 claims the method as explained in the rejection of claim 1 above, and ‘196 additionally claims wherein the feed system is configured to execute the pulse
flow with a duty cycle of less than 20% by a solenoid valve in the feed system (claim 15).
In reference to claim 7, ‘196 claims the method as explained in the rejection of claim 1 above, and ‘196 additionally claims wherein the feed system comprise a plurality of spray
nozzles that are positioned within an interior, the plurality of spray nozzles are oriented to
spray the propellant fluid against a different portion of the wall (claim 12).
In reference to claim 9, ‘196 claims the method as explained in the rejection of claim 1 above, and ‘196 additionally claims wherein the propellant storage tank comprising a thermal
couple attached to the wall of the propellant storage tank for measuring the temperature
the propellant storage tank (claim 18).
In reference to claim 11, ‘196 claims a propellant storage apparatus for a chilldown process of a propellant fluid storage tank for a rocket engine in microgravity, comprising: a propellant storage tank that comprises a low thermal conductivity thin-filmed coating layer as an inner surface, wherein the low thermal conductivity thin-filmed coating layer has a thermal conductivity in a range of 0.1 Watt per meter-Kelvin to 1.0 Watt per meter- Kelvin, the propellant storage tank being configured to supply liquid propellant fluid to a combustion chamber of a rocket engine; a temperature senor that measures a temperature of the propellant storage tank; and a spray nozzle that is configured to spray the liquid propellant against the inner surface of a wall of the propellant storage tank using a pulsing flow until the temperature of the wall meets a liquid propellant temperature (all claim 1).
In reference to claim 12, ‘196 claims the propellant storage tank as explained in the rejection of claim 11 above, and ‘196 additionally claims wherein the low thermal conductivity
thin-filmed coating layer comprises fluorinated ethylene propylene (claim 3).
In reference to claim 13, ‘196 claims the propellant storage tank as explained in the rejection of claim 11 above, and ‘196 additionally claims wherein the low thermal conductivity
thin-filmed coating layer has a thickness in a range from 20 micrometers to 100 micrometers (claim 4).
In reference to claim 14, ‘196 claims the propellant storage tank as explained in the rejection of claim 11 above, and ‘196 additionally claims wherein the feed system uses a
spray nozzle for spraying the propellant fluid against the wall (claim 2).
In reference to claim 15, ‘196 claims the propellant storage tank as explained in the rejection of claim 11 above, and ‘196 additionally claims wherein the feed system is configured to execute the pulse flow with a duty cycle of less than 20% by a solenoid valve in the feed system (claim 5).
In reference to claim 17, ‘196 claims the propellant storage tank as explained in the rejection of claim 11 above, and ‘196 additionally claims wherein the feed system comprise
a plurality of spray nozzles that are positioned within an interior, the plurality of spray nozzles are oriented to spray the propellant fluid against a different portion of the wall (claim 2).
In reference to claim 19, ‘196 claims the propellant storage tank as explained in the rejection of claim 11 above, and ‘196 additionally claims wherein the propellant storage tank
comprising a thermal couple attached to the wall of the propellant storage tank for measuring the temperature the propellant storage tank (claim 9).
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Allowable Subject Matter
Claims 6, 8, 10, 16, 18 and 20 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
See attached PTO-892 for relevant prior art.
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/FILIP ZEC/Primary Examiner, Art Unit 3763