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 .
DETAILED ACTION
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-4 are rejected under 35 U.S.C. 103 as being unpatentable over Johnston (3,069,042) in view of Immel (6,742,554).
Re Claim 1, Johnston – a tank for storing liquified gases – discloses a tank [Fig. 1] with an outer tank [38]; an inner tank [40] disposed inside the outer tank with a space therebetween and having a shape having a longitudinal direction [Fig. 1]; a first strap [44] including a first end and a second end opposite to the first end, the first end being connected to an inner surface of the outer tank and the second end being connected to an outer surface of the inner tank [Fig. 1]; and a second strap [45] including a third end and a fourth end opposite to the third end, the third end being connected to the inner surface of the outer tank and the fourth end being connected to the outer surface of the inner tank [Fig. 1], wherein the first strap and the second strap extend along the longitudinal direction of the inner tank, and a distance between the second end and the fourth end is shorter than a distance between the first end and the third end in the longitudinal direction [Fig. 1].
PNG
media_image1.png
323
783
media_image1.png
Greyscale
Johnston does not expressly disclose that the tank is able to hold hydrogen gas for fuel to an engine. However, Immel – a tank with overheat protection for compressed gas – discloses an outer tank [Immel,. 12] and an inner tank [Immel, 72] in which the container is used for hydrogen gas [Immel, 26, Col. 4 Lines 23-25]. The Applicant believes the claimed invention has an improvement over the prior art, when the prior art discloses the container can be used for hydrogen gas. See MPEP 2143 (I)(B) for substitution of material. One of ordinary skill would be able to fill the Johnston container with hydrogen gas, before the effective filing date of the invention with predictable and obvious results, to store hydrogen gas for a fuel cell engine [Immel, Col. 4 Lines 23-25], and since the two tanks are supported to stabilize the tank [Immel, Col. 5 Lines 53-55].
Re Claim 2, Johnston in view of Immel discloses the invention according to Claim 1 above; further, the combination discloses the second end and the fourth end are adjacent to each other [Johnston, Fig. 1]. The examiner notes the 2nd and 4th ends are adjacent to each other with respect to the 1st and 3rd ends of the straps attaching to the tank.
Re Claim 3, Johnston in view of Immel discloses the invention according to Claim 1 above; further, the combination discloses the first end, the second end, the third end, and the fourth end are arranged in one plane along the longitudinal direction [Johnston, Fig. 1].
Re Claim 4, Johnston in view of Immel discloses the invention according to Claim 1 above; further, the combination discloses the first end and the third end are each pivotally connected to the inner surface of the outer tank [Johnston, at 49], and the second end and the fourth end are each pivotally connected to the outer surface of the inner tank [Johnston, at 49, Fig. 1].
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.
Allowable Subject Matter
Claims 5-11 are objected to as being dependent upon rejected base claim 1, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: see PTO-892 Notice of References Cited.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT J HICKS whose telephone number is (571)270-1893. The examiner can normally be reached Mon - Fri 8:30-5:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Orlando 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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ROBERT J HICKS/Primary Examiner, Art Unit 3736