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 § 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 20, 24, 26, 27, and 30 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 20 recites the limitation "the first refrigeration loop" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Regarding claim 24, the recitation of “a third bypass duct” is indefinite. This claim is dependent on claim 16 which recites a first bypass duct but not a second bypass duct. It appears that Applicant may be intending to have this claim be dependent on claim 23, but it is not clear. Please amend the claim accordingly.
Regarding claim 26, the limitation of “for example one or more three- way valves positioned at a junction between two or more of the ducts and/or bypass portions” is indefinite. See MPEP 2173.05(d) which states:
Description of examples or preferences is properly set forth in the specification rather than the claims. If stated in the claims, examples and preferences may lead to confusion over the intended scope of a claim. In those instances where it is not clear whether the claimed narrower range is a limitation, a rejection under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph should be made. The examiner should analyze whether the metes and bounds of the claim are clearly set forth. Note that the mere use of the phrase "such as" or "for example" in a claim does not by itself render the claim indefinite.
Claims 27 recites the limitation "the second bypass portion" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 27 is also rejected for use of the phrase “for example” for the same reason as applied to claim 26 above.
Claim 30 recites the limitation "the fourth duct" in line 3. There is insufficient antecedent basis for this limitation in the claim.
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) 16-21, 23, 25-29 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fang et al. (CN 113606805 A, hereafter “Fang”).
Regarding claim 16, Fang discloses a device for filling pressurized-gas tanks comprising: a distributor (the distributor of the refueling station as described in the Background) configured to supply a tank with pressurized gas from a fluid source, a refrigeration system (Fig. 1) configured to cool a flow of gas in the distributor, the refrigeration system comprising a circuit of coolant (the circuit in Fig. 1), the circuit comprising the following elements arranged in series in this order:- a coolant reserve (1), comprising an upper part (the upper part of 1 with reference to Fig. 1) configured to house a hot mass of the coolant and a lower part (the lower part of 1 with reference to Fig. 1) configured to house a cold mass of the coolant,- at least one first heat exchanger (6) having an inlet (the inlet leading into 6) connected to an outlet (the outlet of 1 which supplies 4) of the lower part of the reserve by a first duct (the duct between the inlet and outlet), the at least one first heat exchanger being configured to exchange heat between the coolant and a cold source (the first heat exchanger is capable of performing this limitation), and- a second heat exchanger (5) having an inlet (the inlet leading into 5) connected to the first heat exchanger by a second duct (the duct at 12) of the coolant circuit, and an outlet (the outlet of 5) connected to an inlet (the inlet port connected between 1 and the outlet of 5) of the upper part of the reserve by a third duct (the duct connected between 1 and the outlet of 5) of the coolant circuit, the second heat exchanger being configured to exchange heat between the coolant and the flow of gas in the distributor (Fig. 1), wherein the circuit comprises a first bypass portion (the portion downstream of 7) connecting the second duct to the lower part of the reserve such that the first bypass portion is configured to allow the selective transfer of coolant from the at least one first heat exchanger to the lower part of the reserve, or from the lower part of the reserve to the second heat exchanger without passing through the at least one first heat exchanger (the bypass portion defined above allows fluid to flow through to the top of 1 which is connected to the lower part of 1).
Regarding claim 17, Fang further discloses the device as claimed in Claim 16, wherein the inlet of the at least one first heat exchanger is also connected to an outlet of the upper part of the reserve by a fourth duct (10) of the coolant circuit. (Fig. 1)
Regarding claim 18, Fang further discloses the device as claimed in Claim 16, wherein the first duct, the second duct, and the third duct of the coolant circuit define a first refrigeration loop of the device. (the first, second, and third ducts can be interpreted to form at least a part of a refrigeration loop as shown in Fig. 1)
Regarding claim 19, Fang further discloses the device as claimed in Claim 17, wherein the fourth duct, the second duct, and the third duct of the coolant circuit define a second refrigeration loop of the device. (the second, third, and fourth ducts can be interpreted to form at least a part of a refrigeration loop as shown in Fig. 1)
Regarding claim 20, Fang further discloses the device as claimed in Claim 19, wherein the first refrigeration loop and the second refrigeration loop are configured to be operated simultaneously or sequentially. (Fig. 1)
Regarding claim 21, Fang further discloses the device as claimed in Claim 16, wherein the first bypass portion connects the first duct to the second duct. (for the purposes of this claim, the bypass duct is interpreted as including 10 and the duct downstream of 7)
Regarding claim 23, Fang further discloses the device as claimed in Claim 16, wherein the coolant circuit comprises a second bypass portion (the portion at 10 and leading fluid into 7) connecting the second duct to the third duct to allow all or some of the coolant at the outlet of the at least one first heat exchanger to return to the reserve without passing through the second heat exchanger. (Fig. 1)
Regarding claim 25, Fang further discloses the device as claimed in Claim 16, wherein the coolant circuit preferably comprises at least one member (3, 4) for circulating the coolant in the coolant circuit and/or at least one member for controlling the temperature of the coolant.
Regarding claim 26, Fang further discloses the device as claimed in Claim 25, wherein the coolant circuit comprises at least one set of valve(s) (9, 13, 11) configured to control the flows in the circuit, for example one or more three-way valves positioned at a junction between two or more of the ducts and/or bypass portions.
Regarding claim 27, Fang further discloses the device as claimed in Claim 26, wherein the first bypass portion and the second bypass portion are connected to the second duct by a single set of valves, for example a three-way valve. (as best understood, Fig. 1)
Regarding claim 28, Fang further discloses a method for filling a pressurized-gas tank by means of a device; the method comprising the steps of: providing the device as claimed in Claim 16; selectively transferring a flow of coolant through the first bypass portion from the at least one first heat exchanger to the lower part of the reserve, or from the lower part of the reserve to the second heat exchanger without passing through the at least one first heat exchanger. (as shown in Fig. 1, see how fluid can flow through 10, to 7 and back into 1 which can communicate with the lower part of 1)
Regarding claim 29, Fang further discloses the method as claimed in Claim 28, wherein the coolant flow transferred from the lower part of the reserve to the second heat exchanger without passing through the at least one first heat exchanger is in addition to or instead of a coolant flow transferred from the at least one first heat exchanger to the second heat exchanger. (see how 5 can accept fluid from 3 or from 10 if valve 13 is opened)
Allowable Subject Matter
Claim 22 is 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.
Claims 24 and 30 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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAUL J GRAY whose telephone number is (571)270-0544. The examiner can normally be reached 9:00 am - 5:00 pm, Monday - Friday.
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/PAUL J GRAY/Primary Examiner, Art Unit 3753
