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 .
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) 1-3 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kuroiwa (US2012/0012593).
1. Kuroiwa a tank (Fig. 1) that stores a fluid, the tank comprising a tank body (1) that defines a storage space for the fluid, wherein the tank body includes: a fiber-reinforced plastic layer (12); and a metal layer (11) that is in contact with the fiber-reinforced plastic layer (Fig. 1).
2. The tank according to claim 1, wherein the metal layer is located on the storage space side with respect to a central position in a thickness direction of the fiber-reinforced plastic layer (Fig. 1).
3. The tank according to claim 1, wherein: the tank body further includes a liner layer (11) located between the storage space and the fiber-reinforced plastic layer (12); and the metal layer is located between the liner layer and the fiber-reinforced plastic layer (Fig. 1).
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 (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 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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 4-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kuroiwa (US2012/0012593).
4. The tank according to claim 1, wherein: the tank body includes a cylindrical portion (in the bellow annotated Fig. 1) and a pair of dome portions (in the below annotated Fig. 1), the dome portions being provided on respective sides of the cylindrical portion; the fiber-reinforced plastic layer includes a hoop layer (20) having a structure in which a fiber-reinforced plastic filament is wound only around the cylindrical portion, and a helical layer; and the metal layer is made up of a metal film laminated on the filament in the helical layer (Fig. 1). DIFFERS in that it does not disclose which the fiber-reinforced plastic filament is wound around the dome portions as well. However duplication of parts is within the skill level of one of ordinary skill within the art, therefore, it would have been obvious to wound the filament around the dome portions as well, in order to better help carry the internal pressure loads.
5. The tank according to claim 1, Kuroiwa DIFFERS in that it does not disclose the metal layer includes at least one of aluminum, copper, and gold. However, aluminum is a well known metal layer, therefore, it would have been obvious, to one of ordinary skill within the art, at the time the invention was made, to modify Kuroiwa, by employing aluminum, in order to use an alternative durable material.
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Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KAREEN KAY THOMAS whose telephone number is (571)270-5611. The examiner can normally be reached 9:00am-5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Orlando E. Aviles 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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/KAREEN K THOMAS/Primary Examiner, Art Unit 3736
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