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 Objections
Claim 11, 17, 18, and 19 objected to because of the following informalities:
Claim 11, line 4, “connected to each such” should read “connected to each other such”.
Claims 17 and 18, “a pipe arrangement” should read “the pipe arrangement”.
Claim 19, “a propulsion system of claim 14” appears to be a typo as claim 14 does not recite a propulsion system. It appears it should be written “the propulsion system of claim 17” and will be considered as such for examination purposes. 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 1-20 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 pre-AIA the applicant regards as the invention.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 1 recites the broad recitation “at least two nested pipe layers and…”, and the claim also recites “at least three nested pipe layers and…” which is the narrower statement of the range/limitation. claim 3 recites the broad recitation “a fuel tank…” “an oxidizer tank”, and the claim also recites “both a fuel tank and oxidizer tank” which is the narrower statement of the range/limitation. claim 12 recites the broad recitation “the first outer pipe” “the second outer pipe”, and the claim also recites “both” which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
The term “each confined space” in claim 18-19 is a relative term which renders the claim indefinite. The term “each confined space” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The claim nor spec defines the definition of a confined space, and thus stating that each multi-walled pipe section is arranged within each confined space could mean that a multi-walled pipe is located within the cockpit or storage bay or under a seat of the vehicle and is thus unclear as to where exactly the pipes are supposed to be located within the vehicle.
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 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) 1-9, 12, and 15-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Miller (US-Pub 20230366353).
Regarding claim 1, Miller discloses a pipe arrangement for a vehicle (400 and 402, fig 7 and 8), the pipe arrangement being configured to transport at least one fluid medium (H2, fig 7 and 8) the pipe arrangement comprising at least one multi-walled pipe section that includes a multi- walled pipe (walls 412 and 414, fig 7 and 8), wherein the multi-walled pipe section includes at least two nested pipe layers (embodiment of fig 7) and is formed in a location of the pipe arrangement to be disposed in a confined space of the vehicle, where the confined space does not allow for individual pipes for each fluid medium (regarding this limitation, two nested pipes will have a smaller width than two pipes stacked next to each other for the same cross sectional flow area, thus a nested pipe would by its very nature take up less space, in this definition, the confined space is being considered to be the cross section that the nestled pipes flow through which by its very definition would not fit two pipes stacked next to each other) or at least three nested pipe layers (embodiment of fig 8).
Regarding claim 2, Miller discloses at least one fluid source (210, fig 5b) and at least one fluid sink (174, fig 5b) that are fluidly connected to each other via the at least one multi-walled pipe section.
Regarding claim 3, Miller discloses wherein the at least one fluid source includes: a fuel tank (210, fig 5b).
Regarding claim 4, Miller discloses wherein a first pipe layer provides a first function (delivering H2, fig 7 and 8) and a second pipe layer provides a second function (par. 0061, thermally insulating the H2) that is different from the first function, and wherein the first and second functions are chosen from a group of functions consisting of a fluid transport function of a specific fluid medium that is contained in the respective pipe layer (first function), a thermal insulating function (second function).
Regarding claim 5, Miller discloses at least two single-walled pipe sections that are combined into the multi-walled pipe section (the purge gas 424 and H2 422 come from different locations 310 and 210, this means that they must inherently combine pipes 202 and 302 somewhere along their pathways from two single walled sections into a double walled section), wherein the multi-walled pipe section has a number of pipe layers that is at least the number of combined single-walled pipe sections (there are two inlet pipes 302 and 202, this means that they need at least two inlet pipes to form the two layer pipe), and wherein each single-walled pipe section is fluidly connected to at least one pipe layer (each single pipe delivers fluid to at least one pipe layer as needed to have separate flows).
Regarding claim 6, Miller discloses wherein the nested pipe layers are configured such that a flow rate of each fluid medium is substantially the same as before entering the multi-walled pipe section (since the flow of the fluid medium is the same across a length of pipe minus flow losses, the pipe will have the same flow rate immediately before the pipe and inside the pipe).
Regarding claim 7, Miller discloses wherein the at least one fluid sink includes a fuel cell system (par. 0026, the engine can instead be a fuel cell, this is the embodiment being used for the claims), FCS, configured for generating electrical energy, wherein the FCS is fluidly connected to the at least one fluid source via the at least one multi- walled pipe section.
Regarding claim 8, Miller discloses wherein the multi-walled pipe section comprises: an innermost pipe layer that contains and transports fuel from the fuel tank to the fluid sink (H2, fig 8), a first outer pipe layer (416, fig 8) that surrounds the innermost pipe layer that contains and is suitable to transport coolant (due to the language suitable to transport, it doesn’t need to have coolant, it must merely be capable of having coolant flow within, as it is a pipe it would be able to do so), and a second outer pipe layer (424, fig 8) that surrounds the first outer pipe layer and contains and is suitable to transport coolant (due to the language suitable to transport, it doesn’t need to have coolant, it must merely be capable of having coolant flow within, as it is a pipe it would be able to do so).
Regarding claim 9, Miller discloses wherein the first and second outer pipe layers are in thermal contact with each other to allow heat exchange (the first and second outer layers 416 and 414 are thermally connected via 424, fig 8).
Regarding claim 12, Miller discloses a gaseous fuel trap (324, fig 5b) that is fluidly connected to the second outer pipe layer, wherein the coolant is suitable for capturing and releasing gaseous fuel, and wherein the gaseous fuel trap causes the coolant to release gaseous fuel within the gaseous fuel trap (the purge gas is vented out through the trap with the fuel entrained therein).
Regarding claim 15, Miller discloses wherein the multi-walled pipe includes a pressure sensor (par. 0058, the pressure sensor measure purge gas pressure to detect a leak, thus it would need to be in the pipe assembly to be able to detect that change from the transfer of gas).
Regarding claim 16, Miller discloses wherein the vehicle is an aircraft (10, fig 1).
Regarding claim 17, Miller discloses A propulsion system for a vehicle, the propulsion system comprising at least one electrical engine (par. 0031, electric motor) and a pipe arrangement of claim 7, wherein the FCS supplies the electrical engine with electrical power (par. 0031, the electric generator is connected to an engine motor provides power to the fan, when using the embodiment when the fuel system is used for a fuel cell, the power within will be directed to said engine).
Regarding claim 18, Miller discloses a vehicle (10, fig 1) comprising at least one confined space and a pipe arrangement of claim 1, wherein each multi-walled pipe section is arranged within each confined space (the pipe leads through the engine, during this stretch there will be at least one confined space so that area will be the claimed confined space).
Regarding claim 19, Miller discloses wherein each multi-walled pipe section is arranged within each confined space (the confined spaces are being defined in as spaces where the multi-walled pipe sections are, thus Miller meets this limitation).
Regarding claim 20, Miller discloses wherein the vehicle comprises an aircraft (10, fig 1).
Claims 1-11, 15, and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sugiyama (US-Pub 20240068600).
Regarding claim 1, Sugiyama discloses a pipe arrangement for a vehicle (100, fig 4), the pipe arrangement being configured to transport at least one fluid medium (Helium flowing inside 10, fig 4) the pipe arrangement comprising at least one multi-walled pipe section that includes a multi- walled pipe (10, 20a, 20b, 30, fig 4), wherein the multi-walled pipe section includes at least three nested pipe layers (there are 4 nested layers) and is formed in a location of the pipe arrangement to be disposed in a confined space of the vehicle, where the confined space does not allow for individual pipes for each fluid medium (regarding this limitation, two nested pipes will have a smaller length than two pipes stacked next to each other for the same cross sectional flow area, thus a nested pipe would by its very nature take up less space.
Regarding claim 2, Sugiyama discloses at least one fluid source (200, fig 2) and at least one fluid sink (300, fig 2) that are fluidly connected to each other via the at least one multi-walled pipe section.
Regarding claim 3, Sugiyama discloses wherein the at least one fluid source includes: a fuel tank (240b, fig 2).
Regarding claim 4, Sugiyama discloses wherein a first pipe layer provides a first function (10 delivers H2, par. 0048) and a second pipe layer provides a second function (20a circulates cooling water, par. 0048) that is different from the first function, and wherein the first and second functions are chosen from a group of functions consisting of a fluid transport function of a specific fluid medium that is contained in the respective pipe layer (first function), a thermal insulating function (second function).
Regarding claim 5, Sugiyama discloses at least two single-walled pipe sections that are combined into the multi-walled pipe section (the water and H come from different locations 240 and 280, this means that they must inherently combine pipes somewhere along their pathways from two single walled sections into a double walled section), wherein the multi-walled pipe section has a number of pipe layers that is at least the number of combined single-walled pipe sections (there are two inlet pipes from 280 and 240b, this means that they need at least two inlet pipes to form the two layer pipe), and wherein each single-walled pipe section is fluidly connected to at least one pipe layer (each single pipe delivers fluid to at least one pipe layer as needed to have separate flows).
Regarding claim 6, Sugiyama discloses wherein the nested pipe layers are configured such that a flow rate of each fluid medium is substantially the same as before entering the multi-walled pipe section (since the flow of the fluid medium is the same across a length of pipe minus flow losses, the pipe will have the same flow rate immediately before the pipe and inside the pipe).
Regarding claim 7, Sugiyama discloses wherein the at least one fluid sink includes a fuel cell system (300, fig 2), FCS, configured for generating electrical energy, wherein the FCS is fluidly connected to the at least one fluid source via the at least one multi- walled pipe section.
Regarding claim 8, Sugiyama discloses wherein the multi-walled pipe section comprises: an innermost pipe layer that contains and transports fuel from the fuel tank to the fluid sink (10, par 0048), a first outer pipe layer (20a, fig 4) that surrounds the innermost pipe layer that contains and is suitable to transport coolant (par. 0048, it recirculates cooling water), and a second outer pipe layer (20b, fig 4) that surrounds the first outer pipe layer and contains and is suitable to transport coolant (par. 0048, it recirculates cooling water).
Regarding claim 9, Sugiyama discloses wherein the first and second outer pipe layers are in thermal contact with each other to allow heat exchange (the first and second outer layers are thermally connected via 50, fig 4).
Regarding claim 10, Sugiyama discloses wherein the first and second outer pipe layers are fluidly connected to each such that a coolant flow within the first and second outer pipe layers is in opposite directions (par. 0048, the fluid flows to the car in one tube, and then flows away from the car in the other tube).
Regarding claim 11, Sugiyama discloses wherein the first and second outer pipe layers are in thermal contact with each other to allow heat exchange, and wherein the first and second outer pipe layers are fluidly connected to each such that a coolant flow within the first and second outer pipe layers is in opposite directions (par. 0048, the fluid flows to the car in one tube, and then flows away from the car in the other tube).
Regarding claim 15, Sugiyama discloses wherein the multi-walled pipe includes a temperature sensor (par. 0050).
Regarding claim 18, Sugiyama discloses a vehicle (300, fig 2) comprising at least one confined space and a pipe arrangement of claim 1, wherein each multi-walled pipe section is arranged within each confined space (the pipe leads through the vehicle, the area within the vehicle will be confined to some degree as such it meets this limitation).
Claim Rejections - 35 USC § 103
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 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 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.
Claims 1-6, 8-11, 13, 15, 16, and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Kupiszewski (US-Pub 2015/0337730) in view of Sugiyama.
Regarding claim 1, Kupiszewski discloses a pipe arrangement for a vehicle (3 and 13, fig 5), the pipe arrangement being configured to transport at least one fluid medium (LNG, fig 5).
Kupiszewski does not disclose the pipe arrangement comprising at least one multi-walled pipe section that includes a multi- walled pipe, wherein the multi-walled pipe section includes at least two nested pipe layers and is formed in a location of the pipe arrangement to be disposed in a confined space of the vehicle, where the confined space does not allow for individual pipes for each fluid medium or each solid medium, at least three nested pipe layers, or at least three nested pipe layers and is formed in a location of the pipe arrangement to be disposed in a confined space of the vehicle, where the confined space does not allow for individual pipes for each fluid medium or each solid medium.
Sugiyama teaches a pipe arrangement for a vehicle (100, fig 4), the pipe arrangement being configured to transport at least one fluid medium (Helium flowing inside 10, fig 4) the pipe arrangement comprising at least one multi-walled pipe section that includes a multi- walled pipe (10, 20a, 20b, 30, fig 4), wherein the multi-walled pipe section includes at least three nested pipe layers (there are 4 nested layers).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the piping network disclosed by Kupiszewski by using a multi-layer pipe with the fuel inside and the heat exchange medium outside based on the teachings of Sugiyama. Doing so would allow for all the materials needed for operating the fuel system to be supplied via a single pipe structure (par. 0063), as suggested by Sugiyama.
Regarding claim 2, Kupiszewski discloses at least one fluid source (112, fig 2) and at least one fluid sink (80, fig 5) that are fluidly connected to each other via the at least one multi-walled pipe section.
Regarding claim 3, Kupiszewski discloses wherein the at least one fluid source includes: a fuel tank (112, fig 2).
Regarding claim 4, Kupiszewski as modified by Sugiyama discloses wherein a first pipe layer provides a first function (delivering LNG) and a second pipe layer provides a second function (20a circulates cooling water, par. 0048, Sugiyama) that is different from the first function, and wherein the first and second functions are chosen from a group of functions consisting of a fluid transport function of a specific fluid medium that is contained in the respective pipe layer (first function), a thermal insulating function (second function).
Regarding claim 5, Kupiszewski as modified by Sugiyama discloses at least two single-walled pipe sections that are combined into the multi-walled pipe section (the water and H come from different locations 240 and 280, this means that they must inherently combine pipes somewhere along their pathways from two single walled sections into a double walled section, Sugiyama), wherein the multi-walled pipe section has a number of pipe layers that is at least the number of combined single-walled pipe sections (there are two inlet pipes from 280 and 240b, this means that they need at least two inlet pipes to form the two layer pipe, Sugiyama), and wherein each single-walled pipe section is fluidly connected to at least one pipe layer (each single pipe delivers fluid to at least one pipe layer as needed to have separate flows, Sugiyama).
Regarding claim 6, Kupiszewski as modified by Sugiyama discloses wherein the nested pipe layers are configured such that a flow rate of each fluid medium is substantially the same as before entering the multi-walled pipe section (since the flow of the fluid medium is the same across a length of pipe minus flow losses, the pipe will have the same flow rate immediately before the pipe and inside the pipe, Sugiyama).
Regarding claim 8, Kupiszewski as modified by Sugiyama discloses wherein the multi-walled pipe section comprises: an innermost pipe layer that contains and transports fuel from the fuel tank to the fluid sink (10, par 0048, Sugiyama), a first outer pipe layer (20a, fig 4, Sugiyama) that surrounds the innermost pipe layer that contains and is suitable to transport coolant (par. 0048, it recirculates cooling water, Sugiyama), and a second outer pipe layer (20b, fig 4, Sugiyama) that surrounds the first outer pipe layer and contains and is suitable to transport coolant (par. 0048, it recirculates cooling water, Sugiyama).
Regarding claim 9, Kupiszewski as modified by Sugiyama discloses wherein the first and second outer pipe layers are in thermal contact with each other to allow heat exchange (the first and second outer layers are thermally connected via 50, fig 4, Sugiyama).
Regarding claim 10, Kupiszewski as modified by Sugiyama discloses wherein the first and second outer pipe layers are fluidly connected to each such that a coolant flow within the first and second outer pipe layers is in opposite directions (par. 0048, the fluid flows to the heat exchanger in one tube, and then flows away from the car in the other tube, Sugiyama).
Regarding claim 11, Kupiszewski as modified by Sugiyama discloses wherein the first and second outer pipe layers are in thermal contact with each other to allow heat exchange, and wherein the first and second outer pipe layers are fluidly connected to each such that a coolant flow within the first and second outer pipe layers is in opposite directions (par. 0048, the fluid flows to the heat exchanger in one tube, and then flows away from the car in the other tube, Sugiyama).
Regarding claim 13, Kupiszewski as modified by Sugiyama discloses wherein the fuel tank comprises a heat exchanger (60, fig 5) that is fluidly connected to the first and second outer pipe layer (Sugiyama fig 4, the first and second layers are to deliver fuel to and from the heat exchanger), and wherein the heat exchanger is configured to transfer heat from the coolant to the fuel to cause evaporation of the fuel (fig 5, the fuel goes in as liquid and out as gas).
Regarding claim 15, Kupiszewski as modified by Sugiyama discloses wherein the multi-walled pipe includes a temperature sensor (par. 0050, Sugiyama).
Regarding claim 16, Kupiszewski discloses wherein the vehicle is an aircraft (5, fig 1).
Regarding claim 18, Kupiszewski as modified by Sugiyama discloses a vehicle (5, fig 1) comprising at least one confined space and a pipe arrangement of claim 1, wherein each multi-walled pipe section is arranged within each confined space (the pipe leads through the engine, during this stretch there will be at least one confined space so that area will be the claimed confined space).
Regarding claim 19, Kupiszewski as modified by Sugiyama discloses wherein each multi-walled pipe section is arranged within each confined space (the confined spaces are being defined in as spaces where the multi-walled pipe sections are, thus Kupiszewski meets this limitation).
Regarding claim 20, Kupiszewski discloses wherein the vehicle comprises an aircraft (10, fig 1).
Claim(s) 14 is rejected under 35 U.S.C. 103 as being unpatentable over Kupiszewski as modified by Sugiyama as applied to claim 1 above, and further in view of Asami (4296539).
Regarding claim 1, Kupiszewski as modified by Sugiyama does not disclose wherein the multi-walled pipe includes a structured surface for increasing heat exchange with an ambient environment.
Asami teaches adding a structured surface (6, fig 1) to a pipe which is being used to transport LNG being gasified (col 1, lines 7-15) for increasing heat exchange with an ambient environment
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the piping network disclosed by Kupiszewski as modified by Sugiyama by adding a structured surface to increase heat transfer based on the teachings of Asami. One of ordinary skill in the art would recognize that adding heat transfer elements to the gasified LNG pipe would allow the ambient heat of the engine to gasify any remaining liquid bubbles within the gasified LNG which could shorten downstream engine components lifespans.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEAN V MEILLER whose telephone number is (571)272-9229. The examiner can normally be reached 7am-5pm.
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/SEAN V MEILLER/Examiner, Art Unit 3741
/DEVON C KRAMER/Supervisory Patent Examiner, Art Unit 3741