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 .
Claim Interpretation
Claim 1 provides an optional element, “an optional secondary membrane,” see lines 12-16 of claim 1. Claim 5 adds “an intermediate or secondary membrane.” Claim 1 will be interpreted broadly as not including the secondary membrane. However, the complication involve claim 5 when the secondary membrane is already introduced in claim 1 and claim 5 further comprises a secondary membrane. Does the interpretation of claim 5 change because there are limitations in claim 1 pertaining to the secondary membrane? When evaluating or interpreting claim 1, lines 6-12 of claim 1 are virtually ignored. However, can these limitations in lines 12-16 of claim 1 be virtually ignored when interpreting claim 5? The Office suggests that claim 1 should be revised to omit lines 6-12 entirely to avoid this confusion. Applicant may add any limitations originally in lines 12-16 of claim 1 into claim 5 and this would provide a clearer interpretation of claims 1 and 5.
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.
Claims 1-10 and 12 are 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 1 recites the limitation "the primary fluid barrier" in line 6. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the underlaying insulation" in lines 18-19. There is insufficient antecedent basis for this limitation in the claim. At the bottom wall of the tank, the insulation lies beneath the primary membrane and the areas and underlays. However, the top wall and side walls have the insulation laying to the exterior of the primary membrane. The claim language could be clearer.
Claim 1 recites the limitation "the corrugations" in line 19. There is insufficient antecedent basis for this limitation in the claim. The previous reference to “a corrugation” in line 18 doesn’t support more than one corrugation.
Claim 1 recites the limitation "the whole insulation layer" in line 21. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the inner insulation layer" in line 22. There is insufficient antecedent basis for this limitation in the claim.
Regarding claims 1, 7, 8, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d). See claim 1, lines 8, 13 and 14 each has one instance of “such as.” See claim 7, line 3. See claim 8, line 4.
Regarding claim 8, the phrase "for example" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Regarding claim 10, the phrase "preferably" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See claim 10, lines 5 and 6 each has one instance of “preferably.”
Regarding claims 6 and 10, the phrases “if so required” and “if required” renders the claim indefinite because the claim asks if the structure is required rather than stating the limitation as a requirement and because it is unclear whether the limitations following the phrase are part of the claimed invention. See claim 6, line 3 and claim 10, second to last line.
Regarding claim 10, the statement that “the corrugations may be reduced by appropriate heat and stress relief treatment methods” is indefinite because the words “may be” indicate the limitation is not a requirement. See claim 10, third to last line.
Claim 5 is indefinite. Claim 5 further comprises “a secondary membrane” when claim 1 has already included “an optional secondary membrane” in line 12. Are there three membranes all together with two secondary membranes or did applicant intend to refer to the previously claimed secondary membrane.” The metes and bounds of claim 5 can be properly or clearly interpreted.
Claim Rejections - 35 USC § 103
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 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Marhem et al. (US 2021/0231262) (Marhem), cited by applicant, in view of Bang (KR 101337643 or KR 20120013237), cited by applicant.
Marhem discloses a membrane tank for containment of fluids at temperature that can differ significantly from ambient temperature, the membrane tank comprising, in direction from an inner containment volume: a primary membrane (primary sealed membrane 6) that is fluid tight, facing the contained fluid in operation and functioning as the primary fluid barrier; an insulation layer (primary barrier 5), surrounding the membrane on the outside; an outer structure (supporting wall 3), such as a ship hull or bulkhead or other structure, wherein the outer structure supports the insulation layer and primary membrane inside and carries the resulting forces thereby; and at least one opening (openings for pipelines 73, see Fig. 11) for loading and unloading of fluid; wherein the primary membrane comprises areas of flat, curved or double curved shape (flat shape areas of rectangular metal sheets 33) and a corrugation (corrugations 55, 56) in between said the areas, wherein said the areas are fastened to the underlaying insulation and the corrugations are taking up thermally induced strain (see paragraph [5]). Marhem fails to provide a coupling part for connecting a vacuum pump. Bang teaches the coupling part and the vacuum pump 45, see Fig. 2. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to add the coupling part and vacuum pump to evacuate the insulation layer to provide less conduction and convection of thermal energy to the primary membrane which keeps the cryogenic chamber cooler.
Claim 1 will be interpreted broadly as not including the optional secondary membrane, lines 6-12 of claim 1.
Re claim 2, the corrugations have a shape, as seen in cross section, of a cosine function or a natural buckling function, resulting in that a minimum of elastic energy is stored in the corrugations by thermally induced contraction when cooling down the tank upon loading cryogenic fluid, resulting in only elastic stresses in the corrugations by said thermal contraction.
Re claim 3, wherein the actual stretching delta e and delta f upon cooling of the membrane by delta T, with initial corrugation spans e and f at ambient temperature, wherein c and d are dimensions between the respective corrugations, are as follows:
delta e = e-T – e = c – cT = -c alpha delta T, and
delta f = fT – f = -d alpha delta T
wherein alpha is the secant modulus (coefficient) of thermal expansion for the membrane.
Re claim 4, the shape of crossing corrugations complies with a superimposed shape of the corrugations, without sharp bends or corners and without double folding, enabling simple die forming.
Re claim 5, further comprising an intermediate or secondary membrane (secondary membrane 4) that is fluid tight, dividing the insulation into two insulation layers (primary barrier 5 and secondary barrier 2), an inner insulation layer 5 and an outer insulation layer 2, wherein the membranes are identical or different.
Re claim 6, the coupling part for connecting a vacuum pump, and the vacuum pump, are arranged for providing vacuum in the inner-primary insulation layer 5 and in the outer-secondary insulation layer 2 for enhanced insulation capacity and reduced insulation thickness.
Re claim 7, comprising membrane sections with corrugations, formed by die pressing or otherwise, with section sides at maximum distance from corrugation crossings, such as in or near the center of the section area, with section sides perpendicular to corrugations extending out through the sides.
Re claim 8, a method of building a membrane tank according to claim 1, comprising: to build an insulation layer, wherein the insulation layer is arranged on an inner side of an outer structure, such as a ship hull or bulkhead or other loadbearing structure on land or at sea to surround the insulation on the outside; to build or arrange at least one opening for loading and unloading of fluid; to build and arrange a primary membrane that is fluid tight on the insulation surface, wherein the outer structure supports the inside insulation and primary membrane and carries the resulting forces thereby, and the membrane is containing for example a cryogenic fluid, wherein the membrane comprises areas of flat, curved or double curved shape, said the areas are fastened to the underlaying insulation, the membrane further comprising a corrugation in between said the areas for taking up thermally induced strain; and wherein the method further comprises to arrange a coupling part for connecting a vacuum pump operatively to the insulation layer, for enabling vacuum in the insulation layer, between the primary membrane and the outer structure or between the primary membrane and an optional secondary membrane, during loading, containment and unloading of cryogenic fluid or other fluid.
Re claim 9, the method wherein the membrane is shaped with corrugations in between areas of flat, curved or double curved shape, said the areas are fastened to the underlaying insulation, wherein the corrugations have a shape, as seen in cross section, of a cosine function or a buckling function, wherein a minimum of elastic energy is stored in the corrugations during forming as well as by thermally induced stretching of the corrugation when cooling down the tank upon loading cryogenic fluid, resulting in a minimum of stress in the corrugations by the stretching.
Re claim 10, the method wherein the primary membrane is formed as plate sections that are joined by welding or otherwise to complete the membrane, wherein crossing corrugations are at the center and/or within the sides of the plate sections, such that plate sections are joined only at maximum distance from crossing corrugations, and the corrugations are preferably formed by plastic die pressing or similar pressing operations, preferably with sides perpendicular to corrugations extending out through the sides, wherein residual stresses from forming of the corrugations may be reduced by appropriate heat and stress relief treatment methods and, geometric shape corrections, before welding or joining otherwise into a complete fluid tight membrane.
Re claim 12, the fluids comprise cryogenic fluid.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEPHEN J CASTELLANO whose telephone number is (571)272-4535. The examiner can normally be reached Monday - Friday.
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sjc/STEPHEN J CASTELLANO/ Primary Examiner, Art Unit 3733