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 .
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in FR on 05/17/2024 It is noted, however, that applicant has not filed a certified copy of the 2405112 application as required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement filed 05/14/2025 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file, but only the information not crossed out has been considered.
Drawings
The drawings are objected to because MPEP 608.02Vm states that shading is not allowed in the drawings if it reduces legibility. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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) 1-7 and 11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Brenk (DE 102020213774).
Regarding claim 1, Brenk discloses:
An apparatus comprising:
a diffuser (1) for a tank (10) for pressurized gas, wherein the diffuser (1) is internal to the tank (10) and is configured to inject pressurized gas (see Figure 9)
Regarding claim 2, Brenk discloses:
where the diffuser (1) is extended by at least one channel (7.1-7.4, 8) forming, with the diffuser (1), an angle of less than 90 degrees (see Figure 3a; see paragraph 0032)
Regarding claim 3, Brenk discloses:
wherein said at least one channel (7.1-7.4, 8) comprises at least two channels (7.1-7.4, 8) angularly equispaced around the diffuser (see Figures 3a and 3b; see paragraph 0032)
Regarding claim 4, Brenk discloses:
wherein said at least two channels (7.1-7.4, 8) are not coplanar with the diffuser (1) so as to swirl injected gas (see Figure 3a)
Regarding claim 5, Brenk discloses:
wherein said at least one channel (8) is 360 degree circular around the diffuser 1 (see Figures 3b)
Regarding claim 6, Brenk discloses:
wherein said at least one channel (8) is rotary around the diffuser 1 (see Figure 3b)
Regarding claim 7, Brenk discloses:
An assembly comprising: a tank (10) for pressurized gas that includes the diffuser (1) according to claim 1 (see rejection above)
Regarding claim 11, Brenk discloses:
wherein the pressurized gas comprises hydrogen (see paragraph 0005)
Claim(s) 1, 7-9, and 11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated Weickert et al. (U.S. 2014/0097098)
Regarding claim 1, Weickert discloses:
An apparatus comprising:
a diffuser (25) for a tank (10) for pressurized gas, wherein the diffuser (25) is internal to the tank (10) and is configured to inject pressurized gas (see paragraph 0087; see abstract; see Figure 1)
Regarding claim 7, Weickert discloses:
An assembly comprising:
a tank (10) for pressurized gas that includes the diffuser (25) according to claim 1 (see paragraph 0087; see abstract; see Figure 1)
Regarding claim 8, Weickert discloses:
a first fluidic device (24) comprising at least one first valve (24) configured to draw off the tank (10), and a second fluidic device (22) comprising at least one second valve (22) configured to fill the tank (10), wherein the second fluidic device (22) comprises the diffuser 25 (see paragraph 0087; see abstract; see Figure 1)
Regarding claim 9, Weickert discloses:
wherein the first fluidic device (24) is arranged at a first end of the tank (10) and the second fluidic device (22) is arranged at a second end of the tank (10), opposite the first end (see paragraph 0087; see abstract; see Figure 1)
Regarding claim 11, Weickert discloses:
the pressurized gas (see abstract)
Further regarding “hydrogen”, please note that MPEP 2115 states that the material or article worked upon does not limit apparatus claims.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 8 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Brenk in view of Weickert.
Regarding claims 8 and 9, Brenk discloses the invention as essentially claimed, but fails to disclose a first fluidic device comprising at least one first valve configured to draw off the tank, and a second fluidic device comprising at least one second valve configured to fill the tank , wherein the second fluidic device comprises the diffuser; wherein the first fluidic device is arranged at a first end of the tank and the second fluidic device is arranged at a second end of the tank, opposite the first end.
Weickert teaches a diffuser for a tank comprising a first fluidic device (24) comprising at least one first valve (24) configured to draw off the tank (10), and a second fluidic device (22) comprising at least one second valve (22) configured to fill the tank (10), wherein the second fluidic device (22) comprises the diffuser 25 (see paragraph 0087; see abstract; see Figure 1); wherein the first fluidic device (24) is arranged at a first end of the tank (10) and the second fluidic device (22) is arranged at a second end of the tank (10), opposite the first end (see paragraph 0087; see abstract; see Figure 1).
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have modified Brenk to provide a first fluidic device comprising at least one first valve configured to draw off the tank, and a second fluidic device comprising at least one second valve configured to fill the tank , wherein the second fluidic device comprises the diffuser; wherein the first fluidic device is arranged at a first end of the tank and the second fluidic device is arranged at a second end of the tank, opposite the first end, as taught by Weickert. Doing so would make filling or evacuating the tank easier.
Claim(s) 2-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Weickert in view of Brenk.
Regarding claims 2-6, Weickert discloses the invention as essentially claimed, but fails to disclose where the diffuser is extended by at least one channel forming, with the diffuser, an angle of less than 90 degrees; wherein said at least one channel comprises at least two channels angularly equispaced around the diffuser; wherein said at least two channels are not coplanar with the diffuser so as to swirl injected gas; wherein said at least one channel is 360 degree circular around the diffuser; wherein said at least one channel is rotary around the diffuser.
Brenk teaches where the diffuser (1) is extended by at least one channel (7.1-7.4, 8) forming, with the diffuser (1), an angle of less than 90 degrees (see Figure 3a; see paragraph 0032); wherein said at least one channel (7.1-7.4, 8) comprises at least two channels (7.1-7.4, 8) angularly equispaced around the diffuser (see Figures 3a and 3b; see paragraph 0032); wherein said at least two channels (7.1-7.4, 8) are not coplanar with the diffuser (1) so as to swirl injected gas (see Figure 3a); wherein said at least one channel (8) is 360 degree circular around the diffuser 1 (see Figures 3b); wherein said at least one channel (8) is rotary around the diffuser 1 (see Figure 3b).
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have modified Weickert to provide where the diffuser is extended by at least one channel forming, with the diffuser, an angle of less than 90 degrees; wherein said at least one channel comprises at least two channels angularly equispaced around the diffuser; wherein said at least two channels are not coplanar with the diffuser so as to swirl injected gas; wherein said at least one channel is 360 degree circular around the diffuser; wherein said at least one channel is rotary around the diffuser. Doing so would allow faster refueling as there is less temperature flux (see paragraph 0009), as recognized by Brenk.
Allowable Subject Matter
Claim 10 is allowed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Grayson et al. (U.S. 2017/0354935) and Green et al. (USPN 5,673,731) disclose a diffuser inside a tank.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KELSEY E CARY whose telephone number is (571)272-9427. The examiner can normally be reached Monday-Friday 9:30am-5:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisors, Craig Schneider can be reached at (571)-272-3607 or Kenneth Rinehart can be reached at 571-272-4881.. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KELSEY E CARY/Primary Examiner, Art Unit 3753
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