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 .
Response to Arguments
Applicant's arguments filed 06/26/2026 have been fully considered but they are not persuasive. The step of making components in a fluid delivery system detachable for repair or replacement was old and well known in the art at the effective filing date of the invention, the use of detachable tanks for the Solignac apparatus would have been obvious. Furthermore, Hodgson discloses the use of individual tanks to fill individual tanks, which requires the same type of valve control claimed by the applicant.
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.
Claim(s) 1, 2, 4, 7, 8, and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over US PGPub 2024/0240756 (Hodgson).
In Re claim 1 Hodgson discloses a hydrogen filling apparatus (hydrogen in Paragraph 22) that fills a hydrogen filling target (receiving vessels 106a and 106b in Figure 2) with hydrogen from a hydrogen supply source (containers 101-105) by using differential pressure (description of hydrogen transfer by pressure differential in Paragraph 2), the hydrogen filling apparatus comprising: a plurality of first connection ports (portions of fluid paths 111-115 which connect to tanks 101-105) connectable to a plurality of respective first hydrogen tanks (101-105) serving as the hydrogen supply sources; a common flow channel (manifold 107); a first branch flow channel that is a flow channel branching to the respective first connection ports (fluid paths 111-115), the first branch flow channel joining a first end of the common flow channel and the respective first connection ports (shown in Figure 2); a plurality of second connection ports (hoses 108a and 108b) connectable to a plurality of respective second hydrogen tanks (106a and 106b) serving as the hydrogen filling targets; a second branch flow channel that is a flow channel branching to the respective second connection ports (branching portion of manifold 107 shown in Figure 2), the second branch flow channel joining a second end of the common flow channel and the respective second connection ports; a plurality of first valves (121-125) provided in the first branch flow channel to correspond to the respective first connection ports; a plurality of second valves (182a-182b) provided in the second branch flow channel to correspond to the respective second connection ports; and an electronic control unit (120) that enables the respective first valves and the respective second valves to be individually opened and closed (Paragraphs 126), wherein the control unit fills one or more of the second hydrogen tanks with hydrogen from one or more of the first hydrogen tanks through the first branch flow channel, the common flow channel, and the second branch flow channel by opening one or more of the first valves corresponding to the first connection ports to which the first hydrogen tanks are connected and opening one or more of the second valves corresponding to the second connection ports to which the second hydrogen tanks are connected (filling operation described in Paragraph 125).
Hodgson fails to explicitly disclose detachable tanks.
The use of detachable components in fluid conveying systems was old and well known in the art at the effective filing date of the invention.
It would have been obvious to one of ordinary skill in the art to manufacture the Hodgson apparatus using detachable tanks, in order to permit a user to repair or replace the tanks.
In Re claim 2 Hodgson discloses wherein the electronic control unit opens the first valves one by one in order, the first valves corresponding to the first connection ports to which the first hydrogen tanks are connected (Paragraph 83).
In Re claim 4 Hodgson discloses wherein the electronic control unit fills the second hydrogen tanks with hydrogen to make a difference in in-tank pressure between at least some of the second hydrogen tanks (filling tanks sequentially results in a condition in which a pressure differential exists between the second hydrogen tanks, Paragraph 125).
In Re claims 7 Hodgson discloses tanks which are mounted to ports in a one-to-one relationship.
In Re claim 8 statements of intended use are considered anticipated where the prior art apparats could perform the claimed use. In this case, Hodgson could open the valves in any order required by a user.
In Re claim 10 statements of intended use are considered anticipated where the prior art apparats could perform the claimed use. In this case, Hodgson could open the valves in any order required by a user.
Allowable Subject Matter
Claims 6 and 9 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.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON KAROL NIESZ whose telephone number is (571)270-3920. The examiner can normally be reached M-F 9-5 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Craig Schneider can be reached at 571 272 3607. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JASON K NIESZ/ Primary Examiner, Art Unit 3753
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