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
Applicant’s election without traverse of Claims 1-15 in the reply filed on 12/05/2025 is acknowledged.
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 11-14 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.
Claim 11 recites “[…] to be on an interior circumference of the propellant tank”. It is unclear if the propellant tank is a positively recited structure or intended use. For examination purpose, it will be assumed that the tank is positively recited structure. All the dependent claims inherit the same issue. Further correction and or clarification 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)(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.
Claim(s) 1-3, 5, 9-13 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by CN 115557118.
Regarding claim 1, CN 115557118 discloses, A tank to be used with a vehicle, the tank comprising: at least one ring baffle (See annotated fig. below) comprising a plurality of corrugated surfaces (See annotated fig. below) which are aligned circumferentially with respect to a longitudinal axis (See annotated fig. below) of the propellant tank, wherein folds (See annotated fig. below) of the plurality of corrugated surfaces rise and fall in a first direction which is along the longitudinal axis, wherein the at least one ring baffle is to be on an interior circumference of the propellant tank (Fig. 2), and wherein the corrugated surfaces extend in a second direction (See annotated fig. below)which is along a lateral axis, relative to the longitudinal axis, and which is of a predetermined width from the interior circumference of the propellant tank.
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The preamble recites “A propellant tank to be used with a launch vehicle” is considered to be intended use. If the body of a claim fully and intrinsically sets forth all of the limitations of the claimed invention, and the preamble merely states, for example, the purpose or intended use of the invention, rather than any distinct definition of any of the claimed invention’s limitations, then the preamble is not considered a limitation and is of no significance to claim construction See MPEP 2111.02 ("where a patentee defines a structurally complete invention in the claim body and uses the preamble only to state a purpose or intended use for the invention, the preamble is not a claim limitation"). See MPEP § 2111.02(II).
Regarding claim 2, The limitation “tank is subject to propellant loads in a vertically aligned or substantially vertically aligned position with respect to a surface of a launch pad.” is considered to be intended use. Examiner asserts that the recitation of intended use or purpose of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use or fulfilling said purpose, then it meets the claim. Herein, the prior art of CN 115557118 has all the structure as claimed in the instant application therefore is considered to be capable of performing the limitation as claimed.
Regarding claim 3, CN 115557118 discloses, the corrugated surfaces are comprised in individual corrugated sections (See annotated fig. below; upper and lower section) having attachment points which are at a first end (first attachment point; See annotated fig below) and a second end (Second attachment point; See annotated fig below) which are along a tangential direction relative to the interior circumference of the propellant tank.
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Regarding claim 5, CN 115557118 discloses, the corrugated surfaces are comprised in individual corrugated sections (See annotated fig. below; upper and lower section) which are associated together by a spine section (See annotated fig. below) which comprises a drainage area (See annotated fig. below) to support drainage along the lateral axis.
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Regarding claim 9, CN 115557118 discloses, one or more of the corrugated surfaces or support sections for the corrugated surfaces comprise one or more of a metal material (abstract; made of metal), a plastic material, or a composite material.
Regarding claim 10, CN 115557118 discloses the at least one ring baffle comprises a plurality of ring baffles with one or more spatial separations therebetween, the one or more spatial separations along the longitudinal axis of the propellant tank (Fig. 2).
Regarding claim 11, CN 115557118 discloses A ring baffle the ring baffle comprising a plurality of corrugated surfaces (See annotated fig. below) which are aligned circumferentially with respect to a longitudinal axis (See annotated fig. below) of the propellant tank, wherein folds of the plurality of corrugated surfaces rise and fall in a first direction which is along the longitudinal axis, wherein the ring baffle is to be on an interior circumference of the propellant tank, and wherein the corrugated surfaces extend in a second direction (See annotated fig. below) which is along a lateral axis, relative to the longitudinal axis, and which is of a predetermined width from the interior circumference of the propellant tank.
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The preamble recites “to be used in a propellant tank” is considered to be intended use. If the body of a claim fully and intrinsically sets forth all of the limitations of the claimed invention, and the preamble merely states, for example, the purpose or intended use of the invention, rather than any distinct definition of any of the claimed invention’s limitations, then the preamble is not considered a limitation and is of no significance to claim construction See MPEP 2111.02 ("where a patentee defines a structurally complete invention in the claim body and uses the preamble only to state a purpose or intended use for the invention, the preamble is not a claim limitation"). See MPEP § 2111.02(II).
Regarding claim 12, CN 115557118 discloses, the corrugated surfaces are comprised in individual corrugated sections (See annotated fig. below; upper and lower section) having attachment points which are at a first end (first attachment point; See annotated fig below) and a second end (Second attachment point; See annotated fig below) which are along a tangential direction relative to the interior circumference of the propellant tank, relative to the lateral axis
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Regarding claim 13, CN 115557118 discloses, the corrugated surfaces are comprised in individual corrugated sections (See annotated fig. below; upper and lower section) which are associated together by a spine section (See annotated fig. below) which comprises a drainage area (See annotated fig. below) to support drainage along the lateral axis.
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Allowable Subject Matter
Claim 4, 6-8 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.
Pringle (US 3648886) discloses a fuel tank comprising corrugated baffle.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SANJIDUL ISLAM whose telephone number is (571)272-7670. The examiner can normally be reached Monday-Friday 8:30 -5:00.
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/SANJIDUL ISLAM/Examiner, Art Unit 3736
/ORLANDO E AVILES/Supervisory Patent Examiner, Art Unit 3736