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 .
Specification
The amendment filed 11 August 2026 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows: There is no support in the originally filed application for stating that the outer tubular part 51 and the intermediate tubular part 61 have a circular tube shape having the same outer diameter. Likewise, there is no support for stating that parts 51 and 61 have outer diameters different from each other.
Applicant is required to cancel the new matter in the reply to this Office Action.
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 6 is 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 6 states “wherein the communication part further includes an outer communication part different from the communication part.” This statement is a contradictory statement. Are you stating that the communication part includes an outer communication part or are you stating the communication part (initially claimed in independent claim 1) is , e.g., a first or inner or primary communication part and claim 6 is adding, e.g., a second or outer or secondary communication part? Please write the claim for clarity and only one meaning.
Note the previous rejection of claim 6:
“Claim 6 states in line 2, “further comprising an outer communication part …” There is no distinction from the “communication part” introduced in line 7 of claim 1. The metes and bounds are undetermined because it is not understood if the claim 6 communication part is a wholly different communication part or if the same communication part of claim 1 is being further defined to be an outer part.
Note that claim 2 takes the communication part and further defines the components thereof as outer and inner parts and this is absolutely clear and appropriate.”
Please distinguish between two elements “communication part” and “outer communication part.”
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, 4 and 6 is/are rejected under 35 U.S.C. 102(a) (1) as being anticipated by Hofmann (US 3930375).
Hofmann discloses a multiple-shell tank comprising: an inner tank (inner shell 2) that stores a liquefied gas; an intermediate tank (radiation shield 3) that covers the inner tank and forms a first heat insulating space (inner compartment 11) between the intermediate tank and the inner tank; an outer tank (outer shell 1) that covers the intermediate tank and forms a second heat insulating space (outer compartment 12) between the outer tank and the intermediate tank; and a communication part (pipe of fitting 17) enabling an external space and the first heat insulating space 11 to communicate with each other, the external space being a space outside the multiple-shell tank. wherein the first heat insulating space 11 and the second heat insulating space 12 both include a powder heat insulation material. See column 3, last line to column 4, line 7 wherein “pulverulent perlite in a particle size between 50 microns and 5 millimeters as represented by 5” (see the figure) is indicated for the first heat insulating space 11. 50 microns is a fine powder. Also, “80 percent by weight of the perlite and 20 percent by weight of aluminum particles having a particle size from 5 microns to 500 microns as represented at 4” (see figure) is indicated for the second heat insulating space 12. “5 microns” is finer powder than 50 microns.
Re claim 4, the communication part 17 includes a connecting part (pipe or fitting 17) that connects the outer tank 1 and the intermediate tank 3 to each other so as to allow the external space and the first heat insulating space 11 to communicate with each other.
Re claim 6, the communication part (combining fitting 17 with pipe 19) further includes an outer communication part (pipe 19) [[[[[different from the communication part and]]]]] disposed at the outer tank at a position different from the connecting part (fitting 17) so as to allow the external space and the second heat insulating space 12 to communicate with each other. See column 4, lines 7-10.
Claim(s) 11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Uraguchi et al. (US 2016/0137272) (Uraguchi)(cited by applicant).
Uraguchi discloses a multiple-shell tank (ship 1 with tank cover 11 and double-shell tank as shown in Fig. 1) comprising: an inner tank 3 that stores a liquefied gas; an intermediate tank 4 that covers the inner tank and forms a first heat insulating space (vacuum space 20) between the intermediate tank and the inner tank; an outer tank (ship and tank cover 11) that covers the intermediate tank and forms a second heat insulating space (space 10) between the outer tank and the intermediate tank; and a communication part (dome 42 and similarly shaped portion of tank cover 11 that project upwardly) enabling an external space and the first heat insulating space 20 to communicate with each other, the external space being a space outside the multiple- shell tank, wherein the communication part includes: an outer communication part (upwardly projecting portion of tank cover 11) that extends along a first center line and is disposed at the outer tank so as to allow the external space and the second heat insulating space 10 to communicate with each other; and an inner communication part (dome 42) that is disposed to be opposed to the outer communication part, extends along a second center line, and is disposed at the intermediate tank so as to allow the first heat insulating space and the second heat insulating space to communicate with each other, and a top opening of the outer communication part (manhole 40) and a top opening of the outer communication part (outermost manhole 12) overlap each other in plan view (and shown vertically aligning in different elevation views of Fig. 1 and Fig. 2 such that they must align vertically in a plan view and overlap and also be considered concentric about a center vertical axis).
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) 2 and 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hofman in view of Uraguchi.
Hofmann fails to disclose an outer communication part and an inner communication part configured as stated in claim 2. Uraguchi teaches: Re claim 2, wherein the communication part includes: an outer communication part (upwardly projecting portion of tank cover 11) that extends along a first center line and is disposed at the outer tank so as to allow the external space and the second heat insulating space 10 to communicate with each other; and an inner communication part (dome 42) that is disposed to be opposed to the outer communication part, extends along a second center line, and is disposed at the intermediate tank so as to allow the first heat insulating space and the second heat insulating space to communicate with each other. Re claim 3 the first center line and the second center line are disposed on a straight line substantially parallel to a vertical line. The domes 32, 42 and the upwardly projecting portion of tank cover 11 all are aligned along a center line which is straight and vertical, see Fig. 1. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to add to the communication part of Hofmann and provide an outer communication part and an inner communication part as taught by Uraguchi to allow access by manhole to the first and second heat insulating spaces for maintenance and inspection.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hofmann in view of Chamberlain et al. (US 3119238) (Chamberlain).
Hofmann discloses that the connecting part 17 has a proximal end portion connected to the intermediate tank. Hofmann fails to disclose a distal end portion disposed in the external space (as in extending outward into the external space) and an expandable part.
Chamberlain teaches (1) a neck 27 as a distal end portion disposed in the external space and extending outward into the external space, and (2) distendable bellow 29 as an expandable part placed over a communications part (neck 16). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to add (1) a distal end portion disposed in the external space as a means for distancing communications fittings for gas inlets and gas discharge from the central mass of the vessel’s contents to provide thermal spacing and separation to reduce thermal (heat) transfer from warm fittings to the cool central mass of the vessel’s contents and (2) an expandable part as taught by Chamberlain to the communication part that connects the distal end portion of the connecting part and the outer tank to each other and is expandable with respect to the outer tank to alleviate stress from thermal expansion when a severe temperature difference is present between the communication part (tube) and the outer tank.
Claim(s) 7, 9 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hofmann in view of Sano et al. (US 2016/0280335) (Sano).
Re claims 7 and 9, Hofmann fails to disclose either framework. (See discussion of claim 1 for Hofmann’s disclosure of similar elements in claim 9.) Sano teaches a liquefied gas tank with a frame (frame members 19 provided on underside surface of top wall, see paragraph [33]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify both the outer tank and the intermediate tank to have a framework added to their respective top walls at the underside surface to reinforce these walls to prevent collapse. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to provide the frameworks in such manner so that communication with the tank ports is not disrupted or interfered by disposing the frameworks so as to surround the communication part in plan view.
Re claim 10, the outer tank framework includes outer tank framework members and the intermediate tank framework includes intermediate tank framework members, and the outer tank framework members and the intermediate tank framework members are circular or annular. See Fig. 1 and frame members 19 indicated in dotted lines and dotted lead line, not shown in top view but representing where frame members are located and that frame members are annular and concentric in their position on the underside of the top wall.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hofmann in view of Chamberlain and Leachman et al. (US 2016/0033083) (Leachman).
See discussion of claim 1 for Hofmann’s disclosure of similar elements in claim 12. Hofmann fails to disclose the gas filling in the last two lines of claim 12. Chamberlain teaches a multiple-shell tank having liquid and gas nitrogen within a second/outer heat insulating space defined between walls 19 and 23 (see column 3, lines 35-37 and 66-69 and see inner/first heat insulating space defined between walls 19 and 18 in the figure). Nitrogen is considered an inert gas having a boiling point higher than a boiling point of hydrogen gas. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to provide nitrogen gas in the second/outer heat insulating space for preventing thermal transfer. Leachman teaches a multiple-shell tank having hydrogen gas within a first heat insulating space (passageway 18) (see cover sheet figure and second/outer heat insulating space 20). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to provide hydrogen in a first heat insulating space to prevent thermal transfer.
Response to Arguments
Applicant’s arguments with respect to the rejections of claims have been fully considered and are persuasive. Therefore, the rejections have been withdrawn. However, upon further consideration, new grounds of rejection are made.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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
