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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20, rejected on the ground of nonstatutory double patenting as being unpatentable over issued claims of U.S. Patent No. 12,215,827. Although the claims at issue are not identical, they are not patentably distinct from each other because the parent claims are slightly different but not patentable distinction are found.
Claim Rejections - 35 USC § 102
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.
Claims 1,9-16,18,20, are rejected under 35 U.S.C. 102(a)(1) based upon a public use or sale or other public availability of the invention. The 15 page reference provided by the applicant “Development of large-scale precast, prestressed concrete liquefied natural gas storage tanks” published fall 2013 PCI Journal, written by Kare Hjorteset. Referred to as: Hjorteset
With respect to claim 1, Hjorteset shows (see fig. 3 on page number 48) a cryogenic storage system, comprising: a primary container (labeled -primary tank-); a first insulation layer (-tank bottom insulation-) disposed below a primary bottom (-9% nickel steel tank floor plate-) of the primary container (labeled -primary tank-); a secondary container (-secondary tank wall-) disposed outward of the primary container (labeled -primary tank-); a secondary bottom (-9%nickel steel subfloor plate-) disposed below the primary bottom (-9% nickel steel tank floor plate-) of the primary container (labeled -primary tank-), the secondary bottom (-9%nickel steel subfloor plate-) coupled to the secondary container (-secondary tank wall-) through an expansion joint (-omega joint-), the expansion joint (-omega joint-) configured to permit an expansion and a retraction of the secondary bottom (-9%nickel steel subfloor plate-) independent from the secondary container (-secondary tank wall-); and a thermal element disposed below each of the primary container (labeled -primary tank-), the first insulation layer (-tank bottom insulation-), the secondary container (-secondary tank wall-), and the secondary bottom (-9%nickel steel subfloor plate-).
With respect to claim 9, Hjorteset shows further comprising a cryogenic liquid stored therein (LNG fig. 3).
With respect to claim 10, Hjorteset shows wherein the secondary container (-secondary tank wall-) includes an outer carbon steel liner (page 47, middle of 3rd paragraph).
With respect to claim 11, Hjorteset shows wherein each of the primary container (labeled -primary tank-), the primary bottom (-9% nickel steel tank floor plate-), and the secondary bottom (-9%nickel steel subfloor plate-) include one of nickel based steel and stainless steel.
With respect to claim 12, Hjorteset shows wherein the secondary container (-secondary tank wall-) includes one of a precast prestressed concrete wall (-shotcrete-) and a cast-in-place prestressed concrete wall.
With respect to claim 13, Hjorteset shows wherein the secondary container (-secondary tank wall-) further includes a carbon steel liner (-secondary tank liner-) disposed on an outside face of the secondary container (-secondary tank wall-).
With respect to claim 14, Hjorteset shows wherein the secondary container (-secondary tank wall-) includes a secondary container (-secondary tank wall-) wall, and an entirety of the secondary container (-secondary tank wall-) wall is circumferentially prestressed using high strength steel wires encapsulated in shotcrete (-prestressing strands covered by shotcrete-).
With respect to claim 15, Hjorteset shows wherein the secondary container (-secondary tank wall-) includes a plurality of precast concrete walls (inner and outer walls are concrete and shotcrete) and an outer carbon steel liner (secondary tank liner)
With respect to claim 16, Hjorteset shows wherein prestressed wire (pressing strand-) is disposed on an outer surface of the outer carbon steel liner (secondary tank liner).
With respect to claim 17, Hjorteset shows 2, wherein the second insulation layer is disposed below a concrete footing of the secondary bottom (-9%nickel steel subfloor plate-) in a reservoir.
With respect to claim 18, Hjorteset shows a method (no method steps claimed) of assembling a cryogenic storage system, the method comprising: disposing a primary container (labeled -primary tank-) having a primary bottom (-9% nickel steel tank floor plate-) on a first insulation layer (-tank bottom insulation-); disposing a secondary container (-secondary tank wall-) around the primary container (labeled -primary tank-); and coupling a secondary bottom (-9%nickel steel subfloor plate-) to the secondary container (-secondary tank wall-) through an expansion joint (-omega joint-), the secondary bottom (-9%nickel steel subfloor plate-) disposed below the primary bottom (-9% nickel steel tank floor plate-), the expansion joint (-omega joint-) configured to permit an expansion and a retraction of the secondary bottom (-9%nickel steel subfloor plate-) independent from the secondary container (-secondary tank wall-), and a thermal element is disposed below each of the primary container (labeled -primary tank-), the first insulation layer (-tank bottom insulation-), the secondary container (-secondary tank wall-), and the secondary bottom (-9%nickel steel subfloor plate-).
With respect to claim 20, Hjorteset shows disposing an outer carbon steel liner (secondary tank liner-) onto the secondary container (-secondary tank wall-).
Allowable Subject Matter
Claims 2-8,17,19, are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Double patenting rejection is applied to these claims as well.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHAWN M BRADEN whose telephone number is (571)272-8026. The examiner can normally be reached M-F 8am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Orlando E Aviles-Bosques can be reached at 571 270-5531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHAWN M BRADEN/Primary Examiner, Art Unit 3736