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
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 10, 15, 16, 19 and 20 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 10 is indefinite because it is not succinct. The range added in lines 3 and 4, stating “thickness of 3 mm or less” is wholly contained within the range stated in line 2, stating “thickness of 4 mm or less.” Thus, the meaning of the claim is not changed and the “4 mm or less” range interpretation prevails.
Claim 15 depends from claim 1, not claim 14. Claim 15 recites the limitation "the two or more first vessel layer components" in the last two lines. There is insufficient antecedent basis for this limitation in the claim.
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, 2, 5, 9, 12, 14-15, 21-23 and 26-27 is/are rejected under 35 U.S.C. 102(a) (1) as being anticipated by Clarke et al. (US 2022/0136656) (Clarke), cited by applicant.
Clarke discloses a multi-layered vessel comprising: a first vessel layer (third layer 203 acting as a vapor barrier); and a retaining vessel layer (fourth layer 204 acting as a structural support layer, see paragraph [70] and the structural materials listed) configured to strengthen the first vessel layer, wherein the retaining vessel layer is secured to outer walls and/or inner walls of the first vessel layer.
Re claim 2, the vessel layers overlap and form a sealed vessel.
Re claim 5, the fiber-reinforced composite material listed in paragraph [70] would indicate that the fiber is a strengthening structure within the retaining vessel layer.
Re claim 9, openings penetrate the retaining vessel layer as shown in Fig. 11A, 11B, 12, 13 for electrical connections 430, breather outlet 420, and main outlet 410.
Re claim 12, the retaining vessel layer 204 is secured to the first vessel layer 203 which could be a thin layer of Mylar is held against (secured to) the retaining vessel layer 204 as shown in Fig. 5C with the high vacuum present as insulating layer 202. Such securement is consistent with adhesively secured layers or layers applied by a molding method or other forming method. The structure of the layer attachment is consistent with a forming process for this product-by-process limitation.
Re claim 21, two or more retaining vessel layer components (142b, 144b), each retaining vessel layer component is secured to the first vessel layer.
Re claim 22, the multi-layered vessel is the first vessel, a second vessel (inner layer 201) is arranged within the first vessel. See Fig. 5C.
Re claim 23, see paragraph [3], lines 1-3, for use as a fuel storage tank in a vehicle and the structure of the Clarke tank is configured to deliver methane to an engine.
Re claim 26, see Fig. 5C for vacuum gap (second layer 202) between the first and second vessels.
Re claim 27, Clarke discloses a method comprising: pressing two or more first vessel layer components (142b, 144b); pressing two or more retaining vessel layer components (142a, 142b); welding the two or more first vessel layer components together to form a first vessel (see welding discussed in paragraph [74], lines 1-6); securing each of the two or more retaining vessel layer components to a first vessel layer component of the two or more first vessel layer components (see Fig. 7, 11B, 12, 13 for securement of the components) wherein the secured two or more retaining vessel layer components form a retaining vessel component secured to inner and/or outer walls of the first vessel layer.
Re claims 1 and 14, the order of layers may be switched such that the first vessel layer is 204 and the retaining vessel layer is 203 because layer 203 adds strength to the first layer and is secured to an inner side of the first layer. The first layer comprises two or more first layer components (142b, 144b) welded together. See welded joints discussed in paragraph [74], lines 1-6, also Fig. 6, 7, 8, cylindrical body portion 144b is welded to two end portions 142b.
Re claim 15, two or more retaining vessel layer components (142b, 144b), each retaining vessel layer component is secured to a first vessel layer component.
Re claims 1 and 14, another switching of the layers wherein the first vessel layer is inner layer 201 and the retaining vessel layer is layer 204, see Fig. 5C for reference. The retaining vessel layer 204 is configured to strengthen the first vessel layer 201. The retaining vessel layer 204 is secured to outer walls of the first vessel layer 202 by the retention strap assemblies 140 shown in Fig. 7 and end portion connections shown in Fig. 11B, 12, 13. The first vessel layer components (142a, 144a) are welded together. Re claim 15, the retaining vessel layer components (142b, 144b) is each secured to a first vessel layer component, see Fig. 7, 11B, 12, 13. Re claim 21, two or more retaining vessel layer components (142b, 144b), each retaining vessel layer component is secured to the first vessel layer 201.
Claim(s) 1, 2, 5-9, 12, 14-15 and 21 is/are rejected under 35 U.S.C. 102(a) (1) as being anticipated by Zhao et al. (US 2019/0107251) (Zhao), cited by applicant.
Zhao discloses a multi-layered vessel comprising: a first vessel layer (liner 28); and a retaining vessel layer (outer layer 90) configured to strengthen the first vessel layer, wherein the retaining vessel layer is secured to outer walls and/or inner walls of the first vessel layer.
Re claim 2, the first vessel layer forms a sealed vessel with liner 28 and end caps 50, 52.
Re claim 5, the retaining vessel layer comprises a strengthening structure, (1) reinforcing fibers in spray chop fiber/resin and material listed in paragraph [44], (2) junction 92 (see Fig. 5), (3) extra liners 30, 32.
Re claim 6, the one or more strengthening structures comprise one or more strengthening beams (junctions 92 are elongated beams and triangular in cross section and extra liners 30, 32 are elongated beams).
Re claim 7, at least one of the one or more strengthening beams comprises a trench in one of the first vessel layer and the retaining vessel layer that is closed by the other of the first vessel layer and the retaining vessel layer. The first vessel layer includes all of the liners 28, 30, 32 and includes the strengthening structure (both liners 30, 32 act as a beam) and the beam comprises a trench (valley between liners 30, 32) in the first vessel is closed by the junction 92 and outer layer 90 of the retaining vessel layer.
Re claim 8, the one or more strengthening structures comprise raised features (the junction 92 and the beams are raised features).
Re claim 9, the retaining vessel layer comprises one or more openings (see openings in end caps as shown in Fig. 8).
Re claim 12, the retaining vessel layer is secured to the first vessel layer by forming.
Re claim 14, the first vessel layer comprises two components (28, 50, 52, …) that are welded together.
Re claims 15 and 21, the retaining layer is components (28, 50, 52) and the first vessel layer is outer layer 90 and each component (28, 50, 52) is secured to the first vessel layer (outer layer 90).
Claim Rejections - 35 USC § 103
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) 10, 16, 19 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Clarke in view of Aceves et al. (US 2018/0224064) (Aceves).
Re claim 10, the 4 mm or less thickness is not stated in Clarke. Aceves teaches a similarly constructed vacuum jacket, multi-layered vessel with a 3 mm thick vacuum jacket, see paragraph [34], last sentence and paragraph [89], last sentence. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify the thickness of all components to be 3mm as an optimum thickness for providing proper structural support without unnecessarily wasting wall material which adds cost and vessel weight.
Re claims 1 and 14, another switching of the layers wherein the first vessel layer is inner layer 201 and the retaining vessel layer is layer 204, see Fig. 5C for reference. The retaining vessel layer 204 is configured to strengthen the first vessel layer 201. The retaining vessel layer 204 is secured to outer walls of the first vessel layer 202 by the retention strap assemblies 140 shown in Fig. 7 and end portion connections shown in Fig. 11B, 12, 13. The first vessel layer components (142a, 144a) are welded together. Re claim 15, the retaining vessel layer components (142b, 144b) is each secured to a first vessel layer component, see Fig. 7, 11B, 12, 13. Re claim 16, the structure of all components of Clarke is consistent with pressed components, as pressing is a product-by-process step of forming. However, the 3 mm thickness is not stated. Clarke states inner layer 201 has a thickness of about 2.5 mm in paragraph [67], lines 8-9. Also, paragraph [71] of Clarke, the entire paragraph teaches that thickness may be optimized. Aceves teaches a similarly constructed vacuum jacket, multi-layered vessel with a 3 mm thick vacuum jacket, see paragraph [34], last sentence and paragraph [89], last sentence. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify the thickness of all components to be 3mm as an optimum thickness for providing proper structural support without unnecessarily wasting wall material which adds cost and vessel weight.
Re claims 19-20, the securement of components is as previously discussed for claim 14. The order of assembly stated “secured … after the … first vessel layer components are sealed (claim 19) and “secured … before the … first vessel layer components are sealed (claim 20) doesn’t structurally differentiate or effect the vessel formed. This is a product-by-process limitation.
Claim(s) 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Clarke.
Paragraph [69], lines 10-14, indicate two embodiments for placement of the vapor barrier, one embodiment as shown in Fig. 5C and the other embodiment places the vapor barrier (layer 203) is placed between the first layer 201 and the second layer 202. This teaching of an alternate vapor barrier placement is applied in combination with the first embodiment such that two vapor barriers are provided. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to add a vapor barrier (203) to the second vessel (layer 201) to prevent vapor inside the second vessel from escaping into the vacuum space (202) which would lose tank volume and contaminate the vacuum space. The resulting second vessel comprises a first vessel layer (vapor barrier 203) and a retaining vessel layer (first layer 201).
Conclusion
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