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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
Applicant is reminded of the proper content of an abstract of the disclosure.
A patent abstract is a concise statement of the technical disclosure of the patent and should include that which is new in the art to which the invention pertains. The abstract should not refer to purported merits or speculative applications of the invention and should not compare the invention with the prior art.
If the patent is of a basic nature, the entire technical disclosure may be new in the art, and the abstract should be directed to the entire disclosure. If the patent is in the nature of an improvement in an old apparatus, process, product, or composition, the abstract should include the technical disclosure of the improvement. The abstract should also mention by way of example any preferred modifications or alternatives.
Where applicable, the abstract should include the following: (1) if a machine or apparatus, its organization and operation; (2) if an article, its method of making; (3) if a chemical compound, its identity and use; (4) if a mixture, its ingredients; (5) if a process, the steps.
Extensive mechanical and design details of an apparatus should not be included in the abstract. The abstract should be in narrative form and generally limited to a single paragraph within the range of 50 to 150 words in length.
See MPEP § 608.01(b) for guidelines for the preparation of patent abstracts.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract of the disclosure is objected to because:
---The Abstract uses phrases which can be implied “The invention relates to” and the final portion “(see Fig. 1)” is counted as second paragraph.
A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Objections
Claims 3 and 20 is/are objected to because of the following informalities:
---Claim 3 recites the following:
3. The H2 tank valve (1) according to The H2 tank valve (1) according to claim 1, wherein the plug connector (30) has electrical contacting means for establishing an electrical connection with the temperature sensor module (10).
Notice the lack of the article “an” in “electrical contacting means”.
To resolve this issue, claim 3 should be amended as follows:
3. The H2 tank valve (1) according to The H2 tank valve (1) according to claim 1, wherein the plug connector (30) has an electrical contacting means for establishing an electrical connection with the temperature sensor module (10).
---Claim 20 recites the following:
20. The H2-tank valve (1) according to claim 11, wherein the screw connections (18) are arranged diametrically with respect to electrical contacting means of the temperature sensor module (10) for establishing an electrical connection with a conductor bridge (20) and/or diametrically with respect to connection regions of the conductor bridge (20) for electrical connection with the temperature sensor module (10)
First, notice the lack of the article “an” in “electrical contacting means”. Second, notice that a period ( . ) is missing at the end of the sentence to indicate that it is the end of the sentence.
To resolve these issues, claim 20 should be amended as follows:
20. The H2-tank valve (1) according to claim 11, wherein the screw connections (18) are arranged diametrically with respect to an electrical contacting means of the temperature sensor module (10) for establishing an electrical connection with a conductor bridge (20) and/or diametrically with respect to connection regions of the conductor bridge (20) for electrical connection with the temperature sensor module (10).
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim 1anguage in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim 1imitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim 1imitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim 1imitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim 1imitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim 1imitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim 1imitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim 1imitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim 1imitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim 1imitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim 1imitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim 1imitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Such claim 1imitation(s) is/are:
---“electrical contacting means” in claims 3, 5, 16 and 20 and applicable dependent claims.
Because this/these claim 1imitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim 1imitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim 1imitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Claim 12 is 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 12 recite the following:
12. A system comprising an H2 tank (40) of an H2-powered motor vehicle as well as an H2 tank valve (1) according to claim 1.
Notice that the limitations of “an H2 tank”, “an H2-powered motor vehicle” and “an H2 tank valve” are already recited in intervening claim 1 which makes it unclear and indefinite if the latter recitations of claim 12 are the same as those previously recited in intervening claim 1 or if they are distinct. Based on the disclosure, the Office will assume that they are the same respective limitations.
If so, in order to resolve these issues, the Office suggests that claim 12 is amended as follows:
12. A system comprising [[an]] the H2 tank (40) of [[an]] the H2-powered motor vehicle as well as [[an]] the H2 tank valve (1) according to claim 1.
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, 3-9, 12-13, 15 and 17-18 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Hausmann DE-102017011722.
Regarding claims 1, 3-9, 12-13, 15 and 17-18, Hausmann DE-102017011722 teaches in Figs. 1-4, (see at least Figs. 1-2) the limitations of:
---Claim 1. An H2 tank valve (2) for arrangement on an H2 tank (1) of an H2- powered motor vehicle (not explicitly shown but the disclosure is directed to a hydrogen tank valve for a hydrogen tank of a fuel-cell powered vehicle, see at least P1-2 and P4-5 of 7 of the translation), the H2 tank valve comprising: at least one flange (see the body of tank valve 2) for connecting the H2 tank valve to an interior (4) of the H2 tank, a temperature sensor module (3) arranged at least partially within the at least one flange for detecting a current temperature within the H2 tank when the at least one flange is connected to the H2 tank, a plug connector (13) electrically connectable to the temperature sensor module for current transfer and data transmission, wherein the plug connector is arranged laterally on an outside of the at least one flange (see at least Fig. 1 with at least a portion of the plug connector 13 being laterally provided on an outside of the flange).
---Claim 3. The H2 tank valve according to claim 1, wherein the plug connector has electrical contacting means for establishing an electrical connection with the temperature sensor module (connector 13 is a four-pin connector that is electrically connected to the temperature sensor module 3 via connection 25).
---Claim 4. The H2-tank valve according to claim 1, wherein the plug connector is aligned axially with a main alignment axis of the at least one flange and is arranged outside the at least one flange (see at least Fig. 1 notice that connector 13 is partially aligned axially with an axial axis of the body/flange of the tank valve 2 and is partially outside of body/flange).
---Claim 5. The H2-tank valve according to claim 1, wherein the temperature sensor module has a temperature sensor (24) arranged inside a housing (5) and electrical contacting means (25) for establishing an electrical connection with the plug connector (see at least Figs. 2-3, connector 13 is a four-pin connector that is electrically connected to the temperature sensor module 3 via connection 25).
---Claim 6. The H2-tank valve according to claim 1, wherein the temperature sensor module is aligned axially with a main alignment axis of the at least one flange and is arranged within the at least one flange (see at least Figs. 1-2, notice that the temperature sensor module 3 is aligned axially with an axial axis of the body/flange of the tank valve 2 and is within the body/flange).
---Claim 7. The H2-tank valve according to claim 1, wherein a conductor bridge (25) is provided for electrically connecting the temperature sensor module to the plug connector (see at least Figs. 2-3, connector 13 is a four-pin connector that is electrically connected to the temperature sensor module 3 via connection 25).
---Claim 8. The H2-tank valve according to claim 7, wherein the conductor bridge is configured and arranged between the temperature sensor module and the plug connector such that an electrical connection between the temperature sensor module and the plug connector can be established by means of the conductor bridge via an axial joining process (see at least Figs. 1-2, connector 13 is a four-pin connector that is electrically connected to the temperature sensor module 3 via connection 25 when a portion of the connector 13 is axially joined with the connector 25).
---Claim 9. The H2 tank valve according to claim 7, wherein the conductor bridge is configured and arranged between the temperature sensor module and the plug connector such that an electrical connection between the temperature sensor module and the plug connector can be established by means of the conductor bridge via clamping contacts (see at least Figs. 1-2, connector 13 is a four-pin connector that is electrically connected to the temperature sensor module 3 via connection 25 as such the pins and connections can be considered contact tabs and/or clamping contacts).
---Claim 12. A system comprising an H2 tank of an H2-powered motor vehicle as well as an H2 tank valve according to claim 1 (see at least Figs. 1-2 and at least P1-2 and P4-5 of 7 of the translation).
---Claim 13. The H2-tank valve according to claim 3, wherein the electrical contacting means are clamping contacts and/or contact tabs (see at least Figs. 1-2, connector 13 is a four-pin connector that is electrically connected to the temperature sensor module 3 via connection 25 as such the pins and connections can be considered contact tabs and/or clamping contacts).
---Claim 15. The H2-tank valve according to claim 5, wherein the electrical contacting means are clamping contacts and/or contact tabs (see at least Figs. 1-2, connector 13 is a four-pin connector that is electrically connected to the temperature sensor module 3 via connection 25 as such the pins and connections can be considered contact tabs and/or clamping contacts).
---Claim 17. The H2-tank valve according to claim 8, wherein the axial joining process is a translational movement along a main alignment axis of the at least one flange (see at least Figs. 1-2, connector 13 is a four-pin connector that is electrically connected to the temperature sensor module 3 via connection 25 when a portion of the connector 13 is axially joined with the connector 25).
---Claim 18. The H2 tank valve according to claim 9, wherein at least two clamping contacts are provided on a side of the temperature sensor module and two clamping contacts are provided on a side of the plug connector (see at least Figs. 1-2, connector 13 is a four-pin connector that is electrically connected to the temperature sensor module 3 via connection 25 as such the pins and connections can be considered contact tabs and/or clamping contacts).
Allowable Subject Matter
Claims 2, 10-11, 14, 16 and 19-20 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.
The closest prior art are:
---References A (Tank valves with temperature sensors):
Mondinelli US-12044321, Albert US-10955091, Hausmann US-10948087, Hiramoto US-10247623, Hiramoto US-10174774, Numazaki US-8052119, Rohwer US-7731051, Miller US-6575194, Miller US-6452099,
Numazaki US-20120273059,
Sellen WO-2020254361, Hausmann DE-102017011722, Hausmann DE-102016008059 and Albert DE-102015015243.
References A teaches of various examples tank valves including a temperature sensor which are commonly employed on compressed gas tank such as hydrogen gas tanks used in fuel-cell powered vehicles which allows for the monitoring of the temperature within the tank in a similar manner as taught by applicant’s general invention. As noted in the rejections above, Hausmann DE-102017011722 teaches many of the limitations of the claimed invention. However, notice that the closest prior art fails to disclose or render obvious the specific structure of the plug connector 30, the use of a radial seal 22 for sealing the conductor bridge 20 relative to the plug connector or an axial seal 9 for sealing the conductor bridge relative to the temperature sensor module 10, the use of screw connections 18 for sealing the temperature sensor module to the H2 tank 40, the way the plug connector, the temperature sensor module, the electrical contacting means and the flange 42a of the tank valve 1 are arranged relative to each other in combination with all the limitations as claimed in claims 2, 10-11, 14, 16 and 19-20 and as shown in at least Fig. 1 of the application.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID COLON-MORALES, whose telephone number is 571-270-1741 and fax number is 571-270-2741. If the applicant has authorized internet communications via the filling of form PTO/SB/439, the examiner can be reached via email at david.colon-morales@uspto.gov , email communication is not permitted if the applicant has not filed an authorization for internet communication (see MPEP 502.03 for more details on internet communications). The examiner can normally be reached on Monday-Friday (7:30AM-3:30PM EST).
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/DAVID COLON-MORALES/Primary Examiner, Art Unit 3753
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