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 Rejections - 35 USC § 112
Claims 1-8 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.
Apparatus claim 1 recites “A device and method for oil storage and energy storage”. Additionally, claim 1 includes many limitations defining the method of using the apparatus, e.g., “oil from the storage tanks or input by the oil pump room is driven by pumps through the heat exchanger system”.
“A single claim which claims both an apparatus and the method steps of using the apparatus is indefinite under 35 U.S.C. 112(b).” MPEP 2173.05(p) II.
Claims 2-8 are each drawn to a device and method and are therefore rejected for the same reason as claim 1.
Claim 1 also recites the limitation “specially designed oil storage tanks” which renders the claim indefinite. It is unclear how “specially designed” limits the structure of the oil storage tank. One of ordinary skill cannot be reasonably certain of the metes and bounds of the claimed structure.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Each reference is drawn to an oil and or energy storage device similar to Applicant’s invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jon T. Schermerhorn Jr. whose telephone number is (571)270-5283. The examiner can normally be reached M-F 9am to 5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Len Tran can be reached at (571) 272-1184. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JON T. SCHERMERHORN JR./ Primary Examiner, Art Unit 3763
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