DETAILED ACTION
Claim(s) 1 and 2 as filed 12/16/2024 are pending for consideration.
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 1 and 2 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 1 recites “the discharge port is provided in a part of the outer wall of the spacer other than the outer wall in contact with the valve body and other than the outer wall in contact with the fusible plug valve”. The term “the outer wall” is used three times in these limitations to indicate what appears to be three separate outer walls of the spacer. The claim is indefinite because different elements should be given different names in the claims to clarify which components are being referenced.
Claim Rejections - 35 USC § 103
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 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 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.
Claims 1 and 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Takeda et al. (US Patent 7,111,818) in view of Yamada et al. (US Patent 6,708,718).
Regarding Claim 1, Takeda discloses a valve structure 1 for a hydrogen tank 2 (col. 5, lines 8-10), comprising: a valve body 4 mounted to a fitting 3 of the hydrogen tank 2 and having a first communication passage 8 communicating with an interior of the hydrogen tank (via inlet 5); and a fusible plug valve (including cap 24, alloy 27 and actuator 28) attached to the valve body 4 via a spacer 18, wherein: the spacer 18 has a second communication passage (including pressure receiving hole 20) communicating with the first communication passage 8 (via 16), and a discharge port 22 provided in an outer wall of the spacer 18 (as shown in Figure 1); the second communication passage 20 and the discharge port 22 are blocked by a valve element (either plate 33 or seal 37 are readable on the recited valve element) of the fusible plug valve when the fusible plug valve is closed (as shown in Figures 2a and 4), and communicate with each other when the fusible plug valve is opened (as shown in Figure 3); and the discharge port 22 is provided in a part of the outer wall of the spacer 18 other than the outer wall in contact with the valve body 4 and other than the outer wall in contact with the fusible plug valve (as shown in the annotated Figure 3 below).
Takeda does not disclose the material of the hydrogen tank and therefore does not disclose a metal fitting of the hydrogen tank.
Yamada teaches a hydrogen supply system and further teaches a hydrogen tank 3a includes a metal fitting (tank 3a is formed of steel as described in col. 4, lines 17-20; tank 3a includes a fitting at the upper end thereof as shown in Figure 2).
It would have been obvious to one of ordinary skill in the art before the application was effectively filed to modify the device of Takeda such that the hydrogen tank and associated fitting is metal as taught by Yamada for the purpose of utilizing a readily available material known in the art to be suitable for use in hydrogen tanks.
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Regarding Claim 2, Takeda is seen as further disclosing the fusible plug valve includes a pressing member (the leftmost surface of portion 30 provides a “pressing member” that presses against the breakable sealing portion 35 as shown in Figure 2b; it is noted that this pressing is provided to prevent the portion 35 from breaking) that presses the valve element 35 in a valve closing direction (i.e. keeping the valve in the closed position; the pressing member presses element 35 leftward which is a closing direction while the rightward direction is an opening direction as shown in Figure 3), and a fusible member 27 juxtaposed to the pressing member (on the right side of the pressing member as shown in Figure 2a); and the discharge port 22 is disposed on a side opposite to the fusible member 27 when viewed in a direction orthogonal to a direction in which the pressing member and the fusible member are juxtaposed (i.e. when viewed in the direction into and out of the page, which is orthogonal to the left-right direction shown in Figure 2a, the discharge port 22 is located on the left side of packing 36 while the fusible member 27 is on the right side of packing 36).
Claims 1 and 2 is/are alternatively rejected under 35 U.S.C. 103 as being unpatentable over Weatherly et al. (US Patent 8,141,574) in view of Takeda et al. (US Patent 7,111,818) and further in view of Yamada et al. (US Patent 6,708,718).
Regarding Claim 1, Weatherly discloses a valve structure 10 capable of use with a hydrogen tank (in the manner disclosed with respect to tank T; the tank T is at least capable of handling hydrogen and it is noted that recitations of particular fluids handled by an apparatus in an apparatus claim are not accorded patentable weight as per MPEP 2115), comprising: a spacer mounted to a fitting of the hydrogen tank (as shown in Figure 2; as described above the recitation of “hydrogen” is not accorded patentable weight); and a fusible plug valve 30 attached to the tank T via the spacer 22, wherein: the spacer 22 has a second communication passage 24 communicating with the interior of the tank T, and a discharge port 84 provided in an outer wall of the spacer 22 (as shown in Figures 1 and 2); the second communication passage 24 and the discharge port 84 are blocked by a valve element 70 of the fusible plug valve when the fusible plug valve is closed (as shown in Figure 1), and communicate with each other when the fusible plug valve is opened (as shown in Figure 2); and the discharge port 84 is provided in a part of the outer wall of the spacer 22 other than the outer wall in contact with the tank T and other than the outer wall in contact with the fusible plug valve 30 (as shown in Figures 1, 2, and 4 especially; port 84 is provided in the lateral vent 84 rather than either axial end of 22).
Weatherly does not disclose a valve body mounted to a metal fitting of the tank (instead Weatherly discloses the spacer 22 mounted directly to the tank), and therefore does not disclose the valve body having a first communication passage communicating with an interior of the hydrogen tank; the fusible plug valve attached to the valve body via the spacer; the second communication passage of the spacer communicating with the first communication passage of the valve body; and the discharge port is provided in a part of the outer wall of the spacer other than the outer wall in contact with the valve body.
Takeda teaches a valve structure 1 for a hydrogen tank 2 (col. 5, lines 8-10) and further teaches a valve body 4 mounted to a fitting 3 of the tank 2 (as shown in Figure 1), the valve body 4 having a first communication passage 8 communicating with an interior of the hydrogen tank 2 (via inlet 5); a fusible plug valve a fusible plug valve (including cap 24, alloy 27 and actuator 28) attached to the valve body 4 via a spacer 18; a second communication passage (including pressure receiving hole 20) of the spacer 18 communicating with the first communication passage 8 of the valve body; and a discharge port 22 is provided in a part of the outer wall of the spacer 18 other than the outer wall in contact with the valve body 4 and other than the outer wall in contact with the fusible plug valve (as shown in the annotated Figure 3 above).
It would have been obvious to one of ordinary skill in the art before the application was effectively filed to modify the device of Weatherly to include a valve body between the spacer and the tank having a first communication passage in communication with the second communication passage of the spacer as taught by Takeda for the purpose of providing a structure which is easily controlled by a user to open and close flow from the tank (e.g. via an operation handle as taught by Takeda).
Weatherly in view of Takeda does not disclose the material of the hydrogen tank and therefore does not disclose a metal fitting of the hydrogen tank.
Yamada teaches a hydrogen supply system and further teaches a hydrogen tank 3a includes a metal fitting (tank 3a is formed of steel as described in col. 4, lines 17-20; tank 3a includes a fitting at the upper end thereof as shown in Figure 2).
It would have been obvious to one of ordinary skill in the art before the application was effectively filed to modify the device of Weatherly in view of Takeda such that the hydrogen tank and associated fitting is metal as taught by Yamada for the purpose of utilizing a readily available material known in the art to be suitable for use in hydrogen tanks.
Regarding Claim 2, Weatherly further discloses the fusible plug valve 30 includes a pressing member 40 that presses the valve element 70 in a valve closing direction (as shown in Figure 1), and a fusible member 60 juxtaposed to the pressing member 40 (as shown in Figure 1); and the discharge port 84 is disposed on a side opposite to the fusible member 60 when viewed in a direction orthogonal to a direction in which the pressing member and the fusible member are juxtaposed (this is achieved in the same manner in which it is achieved by applicant’s device; as shown in Figure 1 the discharge port 84 is at the upper left end while the fusible member 60 is at the lower right end; this arrangement is substantially the same as applicant’s arrangement as shown in applicant’s Figure 4).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Kataoka (US Patent 11,508,974) teaches a valve structure for a hydrogen tank including a fusible plug valve 50. Sakai et al. (US Patent 5,309,945) teaches a valve assembly with a meltable plug 84.
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/KEVIN F MURPHY/Primary Examiner, Art Unit 3753