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 .
Election/Restrictions
The applicant’s response dated 11/25/2025 to the restriction requirement is acknowledged. The applicant elected, without traverse, Group I, corresponding to claims 1-16. Accordingly, claims 17-19 are withdrawn from consideration.
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 1-16 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.
Regarding claims 1 and 11: the claims recite a plurality of bands and “a plurality of band sets, only portions of which overlap each other.” In light of the disclosure, and the wording of the claims, the examiner understands that a band set is a plurality of bands.
It is not clear if the phrase, “only a portion of which overlap each other” means that only a portion of the bands in a particular band set overlap each other or if it means that only a portion of the band sets overlap each other. Does the claim require that individual bands within a band set overlap each other or that entire band sets overlap each other? In light of the disclosure, specifically figure 4 which shows a single band set, the examiner assumes the applicant intends the former. This is how the examiner shall interpret the limitation for the purposes of applying prior art.
Regarding claim 3: The term “similar shapes” is a relative term which renders the claim indefinite. The term is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. IT is not clear how similar they must be in shape to read on the limitation.
Regarding claim 14: parent claim 11 recites, “wherein each of the plurality of band sets comprises a cross area.”
Claim 14 recites, “a plurality of cross areas.” Parent claim 11 already requires a plurality of cross areas, so it is not clear if claim 14 requires an additional set of cross areas or is referencing the cross areas already defined by claim 11. Correction and/or clarification is required.
In light of the disclosure (see fig 4 of the application) the examiner assumes that the applicant means something along the lines of, “each of the plurality of band sets comprises a plurality of cross areas.” This is how the examiner shall interpret the limitation for the purposes of applying prior art.
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, 7-8 and 11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Uhlig (US 3,411,727).
Regarding claim 1: Uhlig discloses a pressure vessel (figs 1 and 2, abstract) comprising: a liner (i.e., “form”, fig 1, col. 3 ll. 25-30) configured such that a pressure is applied to an inner surface thereof (the structure is a pressure vessel, abstract), the liner comprising: a cylinder part (11, fig 1, col. 3 ll. 15-20) defining a central area of an outer surface of the liner; and a dome part (12 and 13, figs 1 and 2, col 3 ll. 15-20) defining a peripheral area of the outer surface of the liner and connected to opposite ends of the cylinder part in a lengthwise direction, wherein when an imaginary straight line passing through a center of the liner and extending in the lengthwise direction is defined as a reference straight line (the structure 10 has a central axis, fig 1); and a , composite material comprising: a plurality of bands (e.g., bands 17, 16, 22 shown in figs 1 and 2, but the entire surface is covered in the finish product, col 3 ll. 31-44) surrounding the outer surface of the liner (“completely covering” col 3 ll. 32-35); and a first composite material area (i.e., the surface area of the dome, fig 2) having a shape surrounding the dome part and in which a plurality of band sets (17 and 16 are one band set, but additional band sets are disclosed in the specification due to the entire surface being covered with band, col. 3 ll. 32-35), only portions of which overlap each other (see the above §112 discussion; bands 16 and 17 are “slightly lapped”, col 4 ll. 19-25), are stacked along the lengthwise direction (as shown in figs 1 and 2), wherein the first composite material area is rotationally symmetrical with respect to the reference straight line (the windings completely cover the outer surface and would be rotationally symmetrical about the central axis, see fig 2).
Regarding claim 7: Uhlig discloses wherein: each of the plurality of bands comprises a plurality of cylinder areas (i.e., the areas on the cylinder part, 11, fig 1) surrounding the cylinder part; and sizes of angles defined by the plurality of cylinder areas and the reference straight line are the same (angle “was maintained at 8°, col 5 ll. 55-60).
Regarding claim 8: Uhlig discloses wherein the composite material further comprises a second composite material area (i.e., the exterior surface of cylinder part 11) surrounding the cylinder part (fig 1).
Regarding claim 11: Uhlig discloses a pressure vessel (figs 1 and 2, abstract) comprising: a liner (i.e., “form”, fig 1, col. 3 ll. 25-30) configured such that a pressure is applied to an inner surface thereof (the structure is a pressure vessel, abstract), the liner comprising: a cylinder part (11, fig 1, col. 3 ll. 15-20) defining a central area of an outer surface of the liner; and a dome part (12 and 13, figs 1 and 2, col 3 ll. 15-20) defining a peripheral area of the outer surface of the liner and connected to opposite ends of the cylinder part in a lengthwise direction, wherein when an imaginary straight line passing through a center of the liner and extending in the lengthwise direction is defined as a reference straight line (the structure 10 has a central axis, fig 1); and a composite material comprising: a plurality of bands (e.g., bands 17, 16, 22 shown in figs 1 and 2, but the entire surface is covered in the finish product, col 3 ll. 31-44) surrounding the outer surface of the liner (“completely covering” col 3 ll. 32-35); and a first composite material area (i.e., the surface area of the dome, fig 2) having a shape surrounding the dome part and in which a plurality of band sets (17 and 16 are one band set, but additional band sets are disclosed in the specification due to the entire surface being covered with band, col. 3 ll. 32-35), only portions of which overlap each other (see the above §112 discussion; bands 16 and 17 are “slightly lapped”, col 4 ll. 19-25), are stacked along the lengthwise direction (figs 1 and 2), wherein each of the plurality of band sets comprises a cross area (i.e., area of crossover shown in fig 2 where 16 and 17 cross over each other, col 4 ll 11-21) at which two different arbitrary bands (16 and 17) among the plurality of bands cross each other (best seen in fig 2), wherein the cross area is disposed on the dome part (shown in fig 2), and wherein the first composite material area is rotationally symmetrical with respect to the reference straight line (the windings completely cover the outer surface and would be rotationally symmetrical about the central axis, see fig 2).
Allowable Subject Matter
Claims 2-6, 9-10 and 12-16 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Regarding claim 2: Uhlig does not reasonably disclose wherein each of the plurality of band sets has a shape that surrounds a central portion of the dome part and is rotationally symmetrical with respect to the reference straight line. The bands of Uhlig move outwardly from the central circle 18. A particular band set is not is rotationally symmetrical with respect to the reference straight line, as illustrated in figures 1 and 2. And there is no reference of record that would have motivate a person of ordinary skill in the art to have modified Uhlig to include said limitation.
Regarding claim 9: Uhlig does not disclose a thickness of the first composite material area in the stack direction is greater than a thickness of the cylinder part of the second composite material area in a radial direction. And there is no reference of record that would have motivate a person of ordinary skill in the art to have modified Uhlig to include said limitation.
Regarding claim 12: Uhlig does not disclose wherein a size of an angle defined by the two different arbitrary bands is not less than 50 degrees and not more than 90 degrees. Uhlig teaches that the bands are substantially parallel to each other (fig 1, col 4 ll. 19-20) and there would be no motivation to modify the bands of Uhlig have an angle defined by the two different arbitrary bands of not less than 50 degrees and not more than 90 degrees.
Regarding claim 13: Uhlig does not disclose wherein an area in which a first band of the two different arbitrary bands surrounds the cylinder part and an area in which a second band of the two different arbitrary bands surrounds the cylinder part are spaced apart from each other with the cylinder part being interposed therebetween. The two bands of Uhlig (16 and 17), as applied to claim 11 above, are parallel and overlapping to each other (fig 1, col 4 ll. 19-20). And there is no reference of record that would have motivate a person of ordinary skill in the art to have modified Uhlig to include said limitation.
Regarding claim 14: see the above §112 discussion which is incorporated herein. Uhlig does not discloses each of the plurality of band sets comprises a plurality of cross areas, wherein each of the plurality of cross areas is rotationally symmetrical with respect to the reference straight line. As discussed above for claim 2, the bands of Uhlig are wound outwardly from circle 18 as shown in figure 2.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DON M ANDERSON whose telephone number is (571)272-4923. The examiner can normally be reached 9-5, Monday-Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan Jenness can be reached at 571-270-5055. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DON M ANDERSON/ Primary Examiner, Art Unit 3733