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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-4,9-11,15,21-25, are rejected on the ground of nonstatutory double patenting as being unpatentable over issued claims of U.S. Patent No. 12,049,985. Although the claims at issue are not identical, they are not patentably distinct from each other because the current set of claims has the nearly all of the parent cases claim structure, the current claim set is slightly broader. The claimed shell is lacking in the current set of claims, a pressure vessel is claimed and by definition a pressure vessel as a shell.
Claim Rejections - 35 USC § 102
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) 1-3,21,24,25, is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Maier (US Pub No 2013/0174936).
With respect to claim 1, Maier shows a pressure vessel assembly, comprising: one or more pressure elements (300) configured to store compressed gas (disclosed in the title); an end fitting (330) that extends from an internal cavity (350) of the one or more pressure elements (300); a retention component (305) configured to engage (very broad language) the end fitting (330) with at least one of the one or more pressure elements (300) below a predetermined pressure threshold (before pressure relief), the retention component (305) comprising: a plug (320) connected with the end fitting (330) so that the end fitting (330) does not slide through an opening (345) of the one or more pressure elements (300); or an anchor (365) connected with the end fitting (330) and comprising one or more arms that are configured to engage the end fitting (330) with the at least one of the one or more pressure elements (300).
With respect to claim 2, Maier shows wherein the one or more pressure elements (300) each comprise a wide portion (wide diameter are (310) inside the vessel) and a narrow portion (portion with 305) , and the retention component (305) is positioned within the wide portion of the one or more pressure elements (300).
With respect to claim 3, Maier shows wherein the retention component (305) comprises the plug (320).
With respect to claim 21, Maier shows a pressure vessel (100) assembly, comprising: one or more pressure elements (300) configured to store compressed gas, each pressure element of the one or more pressure elements (300) having a wide portion (310) and a narrow portion (305); an end fitting (330) that extends through the narrow portion (305) and into the wide portion (310) of at least one of the one or more pressure elements (300); a retention component (315) configured to secure the end fitting (330) in a fixed position within the narrow portion (305) and the wide portion (310) of the at least one of the one or more pressure elements (300), the retention component (305) comprising: a plug (320) connected with the end fitting (330) and positioned within the wide portion (310) of the one or more pressure elements (300).
With respect to claim 24, Maier shows wherein the compressed gas (at 350) is stored in the wide portion (310) of the one or more pressure elements (300).
With respect to claim 25, Maier shows wherein the plug (320) has a greater diameter than the narrow portion (305)(diameter at bore345) of the one or more pressure elements (300).
Allowable Subject Matter
Claims, 9-11,15, are allowed.
Claims 4,22,23, 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.
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a). Specifically the double patenting rejection.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHAWN M BRADEN whose telephone number is (571)272-8026. The examiner can normally be reached M-F 8am-5pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Orlando E Aviles-Bosques 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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/SHAWN M BRADEN/Primary Examiner, Art Unit 3736