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 1-13 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.
Claims which recite a limitation followed by “in particular” and then a more narrow limitation are indefinite since it is unclear whether the limitation following “in particular”. For example.
Claim 1 at line 3 recites the limitation “a refrigeration machine, in particular an absorption refrigeration machine”. The phrase “in particular” renders this claim indefinite since it makes unclear whether an absorption refrigeration machine is required to anticipate claim 1.
Claim 1 at line 4 recites the limitation “the system is designed to compress the gas…, in particular in several stages”. The phrase “in particular” renders this claim indefinite since it makes unclear whether a several stage compression step is required to anticipate claim 1.
In addition to claim 1, claims 3, 5-10, and 13 contain this indefinite language.
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.
Claim(s) 1, 10, and 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US PGPub 2019/0301774 (Yoshida).
In Re claim 1 Yoshida discloses a system for compressing, storing, and providing a hydrogen gas, comprising a compression device (11a), a storage device (tank 14), an expansion machine (11b), and a refrigeration machine (12), wherein the system is designed to compress the gas obtained by means of the compression device, and to store the compressed gas in the storage device, wherein the system is configured to cool the compression device using the refrigeration machine and the expansion machine (Paragraphs 47-52).
the refrigeration machine which is supplied in the return line of the refrigeration machine.
Yoshida as applied to claim 1 above performs the method of claims 10 and 13 during ordinary use and operation.
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) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yoshida in view of US PGPub 2017/0023181 (Inoue).
In Re claim 9 Yoshida discloses many limitations, including a system designed to cool the gas between compressor components via a refrigerant flow (from cooler 12, Paragraph 53).
But fails to disclose the compression device having plurality of compressor stages for multi-stage compression of the gas.
Inoue discloses an apparatus for compression of hydrogen comprising a compressor which comprises multiple stages (102 in Figure 1), to more efficiently compress the gas.
Therefore, it would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to modify the Yoshida apparatus by using a multi-stage compressor, in order to more efficiently compress the hydrogen.
Allowable Subject Matter
Claims 2-8, 11, and 12 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include 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. US PGPub 2006/0118575 discloses an apparatus and method for compressing and dispensing hydrogen which uses a multi-stage compressor and a cooling system.
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.
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, 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.
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.
/JASON K NIESZ/Primary Examiner, Art Unit 3753