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 .
Election/Restrictions
Claims 7-10 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 3 September 2025.
Applicant’s election without traverse of Invention I in the reply filed on 3 September 2025 is acknowledged.
Drawings
The legends are not approved by the Office. Legends should contain as few words as possible and only be present where necessary for understanding of the drawing. See MPEP 608.02 V. (o). This objection can be overcome by removing the words from figures 1 and 2 as well as the numerals followed by #.
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.
Claim 6 is 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.
The limitation of claim 6 of “an API standard storage tank” is led to be indefinite because standards are not constant and could be modified in the future. This standard is indefinite because one does not know if this standard would be from the time of the filing date, the publication date, the allowance date, or some other time and the standard is not constant and could be changed at any time. Further, it is unclear which API standard is being referred to here. There are a number of API standards directed to storage tanks, including API 12F, API-650, API 620, API 12B, etc. There is no single set of dimensions for an API standard storage tank as the dimensions vary based on capacity. For the purposes of applying art the limitation will be interpreted as if it covered any API standard storage tank as of the filing date of the invention. Further clarification and/or correction is required.
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.
Claim(s) 1-6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Minta (US 6212891).
Claim 1: Minta discloses a separator system 40 (system) capable of housing hydrocarbons in both liquid and gaseous forms, comprising: a vessel 41 (body) constructed from ultra-high strength steels containing less than about 3 wt% nickel and having tensile strength exceeding about 145 ksi [see C. 25 L. 39-52] and therefore configured to withstand some level of both storage related internal pressures as well as processing related vacuum pressures (see fig. 4, C. 1 L. 24-31, and C. 36-39).
Claim 2: Minta discloses an isolation baffle 47 (internal gas chamber baffle) (see fig. 4).
Claim 3: Minta discloses an isolation baffle 47 (gas chamber platform) (see fig. 4).
Claim 4: Minta discloses a liquid outlet port 43 (oil outlet); and a gas outlet 44 (see fig. 4).
Claim 5: The vessel 41 (body) of Minta inherently is capable of withstanding internal pressures of about 15psig to about 30psig and vacuum pressures up to at least about 3psig as the vessel 41 (body) is configured to contain cryogenic temperature fluids and is constructed from ultra-high strength steels containing less than about 3 wt% nickel and having tensile strength exceeding about 145 ksi. The burden is shifted to applicants to show the vessel 41 (body) cannot withstand internal pressures of about 15psig to about 30psig and vacuum pressures up to at least about 3psig. Otherwise a prima facie case of anticipation, or in the alternative, of obviousness has been established.
Claim 1: Minta further discloses a pressure vessel (system) capable of housing hydrocarbons in both liquid and gaseous forms, comprising: a body with a design pressure of 500 psi and an allowable hoop stress of 48.3 ksi such that the body is therefore configured to withstand some level of both storage related internal pressures as well as processing related vacuum pressures (see C. 18 L. 23-31).
Claim 6: Minta discloses the pressure vessel (system) having a diameter of 15 ft and therefore being configured to fit withing a physical footprint of a 500 and a 150,000 BBLS standard API 650 tank (API standard storage tank) which have diameters of 15 and 150 ft respectively (see C. 18 L. 23-31).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALLAN D STEVENS whose telephone number is (571)270-7798. The examiner can normally be reached Monday-Friday 12-8 ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Orlando E. Aviles can be reached at (571)270-5531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALLAN D STEVENS/ Primary Examiner, Art Unit 3736