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 .
Election/Restrictions
Applicant’s election without traverse of group I (claims 1-20) in the reply filed on 5 June 2026 is acknowledged.
Specification
A substitute specification in proper idiomatic English and in compliance with 37 CFR 1.52(a) and (b) is required. The substitute specification filed must be accompanied by a statement that it contains no new matter.
Claim Objections
Claim 9 is objected to because of the following informalities:
Regarding claim 9, the applicant uses the term “centre” in lines 2 and 4. Applicant is reminded that the disclosure should be in proper idiomatic English and in compliance with 37 CFR 1.52(a) and (b). The term “centre” should be amended to read “center”.
Appropriate correction is required.
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 13-18 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.
Regarding claim 13, the applicant states “The wall according to Claim 1, wherein the thermally insulating barrier comprises a first support element and a second support element”. However, claim 1, from which claim 13 depends, states “wherein the thermally insulating barrier comprises: at least one support element”. It is unclear if the first and second support element of claim 13 is in addition to the at least one support element of claim 1; or if the first and second support elements of claim 13 are part of the at least one support element of claim 1. For purposes of examination, examiner will treat claim 13 to read “The wall according to Claim 1, wherein the at least one support element comprises a first support element and a second support element”.
Dependent claims not specifically mentioned are rejected as depending from rejected base claims since they inherently contain the same deficiencies therein.
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.
Claims 1, 10, 12, 19 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Philippe et al. (FR 3115093).
Regarding claim 1, Philippe teaches a wall (figures 1-16, reference 1) for a sealed and thermally insulating tank for storing a liquefied gas (paragraph 7 of the machine translation), the wall comprising in succession, in a thickness direction of the wall: a thermally insulating barrier (figure 1, reference 6) configured to be anchored on a load-bearing structure (figure 5); and a sealing membrane (figure 1, reference 5) which rests against the thermally insulating barrier (figure 1, reference 6), the sealing membrane being a corrugated sealing membrane (figure 2, reference 17/18) comprising a first series of corrugations (figure 2, reference 17) having first corrugations parallel to one another (figure 2 and paragraph 66 of the machine translation) and a second series of corrugations (figure 2, reference 18) having second corrugations parallel to one another (figure 2 and paragraph 66 of the machine translation) and perpendicular to the first corrugations (figure 2 and paragraph 66 of the machine translation), the sealing membrane comprising a plurality of planar zones (figure 2, reference 19 and paragraph 66 of the machine translation) each of which is defined between two adjacent first corrugations (figure 2) and between two adjacent second corrugations (figure 2); wherein the thermally insulating barrier comprises: at least one support element (figure 2, reference 7); and a modular structure (figure 2, reference 20) situated between the at least one support element and the sealing membrane (figure 2), the modular structure being fixed against the at least one support element (figure 2), the sealing membrane resting against the modular structure and being fixed to said modular structure (figure 2, reference 22 an paragraph 73 of the machine translation), the modular structure comprising at least a first sheet (figure 2, reference 20 and paragraph 68 of the machine translation) and a second sheet (figure 2, a different reference 20 and paragraph 68 of the machine translation), the sealing membrane comprising a first zone (figure 2, reference 19) fixed to the first sheet and a second zone (figure 2, an adjacent reference 19) fixed to the second sheet, the first zone and the second zone corresponding to two adjacent planar zones (figure 2), the first sheet being connected to the second sheet by a connection which offers a degree of freedom in translation in a direction perpendicular to the thickness direction of the wall and a degree of connection in the thickness direction of the wall (figure 2, reference 7 and 21 and paragraph 70).
Regarding claim 10, Philippe teaches all of the claim limitations of claim 1, as shown above. Furthermore, Philippe teaches the at least one support element is a thermally insulating panel comprising a layer of self-supporting insulating foam sandwiched between a rigid inner sheet and a rigid outer sheet (paragraph 81 of the machine translation).
Regarding claim 12, Philippe teaches all of the claim limitations of claim 1, as shown above. Furthermore, Philippe teaches the at least one support element comprises a layer of flexible material in contact with the modular structure (figure 2, reference 5 and paragraph 59 of the machine translation).
Regarding claim 19, Philippe teaches all of the claim limitations of claim 1, as shown above. Furthermore, Philippe teaches the thermally insulating barrier is a primary thermally insulating barrier (figure 1, reference 6 and paragraph 59 of the machine translation) and the sealing membrane is a primary sealing membrane (figure 1, reference 5 and paragraph 59 of the machine translation) configured to come into contact with the liquefied gas contained in the tank (figures 1-16 and paragraph 59 of the machine translation), the wall comprising a secondary thermally insulating barrier (figure 1, reference 2 and paragraph 59 of the machine translation) configured to rest against the load- bearing structure (paragraph 59), a secondary sealing membrane which rests against the secondary thermally insulating barrier (figure 1, reference 8 and paragraph 59 of the machine translation), the primary thermally insulating barrier resting against the secondary sealing membrane and the primary sealing membrane resting against the primary thermally insulating barrier (figure 1 and 2).
Regarding claim 20, Philippe teaches all of the claim limitations of claim 1, as shown above. Furthermore, Philippe teaches the liquefied gas is capable of being hydrogen (paragraph 59: This limitation has been treated as an intended use recitation. It has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. Ex parte Masham, 2 USPQ2d 1647 (1987). Since the limitation has not been positively claimed, the system of Philippe is capable of performing the recited function).
Allowable Subject Matter
Claims 2-9 and 11 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.
Claims 13-18 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.
Jean et al. (US 20140124086) discloses a tank with an insulated wall for liquefied gas.
Philippe et al. (US 20150354756) discloses a tank with an insulated wall for liquefied gas.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAVIER A PAGAN whose telephone number is (571)270-7719. The examiner can normally be reached Monday - Thursday: 6:30am-4:30pm.
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, Anthony Stashick can be reached at (571) 272-4561. 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.
/JAVIER A PAGAN/Primary Examiner, Art Unit 3735
Prosecution Insights