DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Examiner Comment
The applicant is thanked for providing line numbers to the claims.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim(s) 1-5, 7-15, 19-27, 29-30 is/are is/are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
In regard to claim 1, the recitation, “from a bottom assembly” (line 22-23) is new matter as the disclosure has no bottom assembly but only has a bottom member (see 365) and there is no support for a bottom member and a separate bottom assembly as claimed.
In regard to claim 15, the recitation, “an opening” is new matter since the disclosure does not teach two separate opening as claimed.
In regard to claim 19, the recitation, “from a bottom assembly” (line 131-132) is new matter as the disclosure has no bottom assembly but only has a bottom member (see 365) and there is no support for a bottom member and a separate bottom assembly as claimed.
In regard to claims 8, 22, 29, the recitations of the independent claim already recite the first layer and therefore the additional recitation of claims 8, 22, and 29 are new matter since the disclosure does not have two first layers affixed to the at least one layer of insulating material.
In regard to claims 9, 23, 30, the recitations of the independent claim already recite the second layer and therefore the additional recitation of claims 9, 23, and 30 are new matter since the disclosure does not have the recited second layer of the independent claims and the layer of material recited in claims 9, 23, 30 as separately claimed.
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(s) 1-5, 7-15, 19-34 is/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 pre-AIA the applicant regards as the invention.
In regard to claim 1, the recitation, “a cryogenic storage container maintaining cryogenic temperatures between 77 degrees Kelvin and 123 degrees Kelvin” (line 8-9) is indefinite as there is no way to determine what further structure the storage container must have to provide for the recited function. For present examination, the recitation is fully a matter of functional use, akin to a fluid in the storage container and thereby the temperature of such fluid is wholly a matter of use and does not require any particular additional structure of the container.
The recitation, “a first fastening component including an insert that receives a first portion of the at least one member within the first fastening component” (line 16-17) and the recitation, “a second fastening component including an insert that receives a second end portion of the at least one member within the second fastening component” (line 20-21) are indefinite inasmuch as the recitations are interpreted as requiring that the inserts must be separate from the first or second fastening components.
The recitation, “insulating material” is unclear as it is not clear what feature the material must have to qualify. Further, the term is unclear since it is a relative term and it is unclear what amount of thermal conductivity is sufficiently low to meet the limitation. See the 112-f section below.
The recitation, “from a bottom assembly” (line 22-23) is indefinite as the disclosure has no bottom assembly but only has a bottom member and it is entirely unclear how to interpret the scope of the recitation in combination with the “bottom member”.
The recitation, “different material” is unclear what must be different about the material to qualify as the claimed difference. For examination, any difference, including location of the material is sufficient to meet the recitation.
The recitation, “compressingly affixed” is indefinite inasmuch as interpreted to require a set amount of tension or compression in the affixing as there is no way to determine what level of compression or tension is required by the recitation.
In regard to claim 8, 12, 20, 22, the recitation, “low density” is indefinite as there is no way to determine the requisite density is sufficiently low to be considered low. The applicant argues in the remarks filed 4/2/2025 that low density polyethylene has a density defined range of 971 to 930 kg/m3, this allegation is allegedly supported by Wikipedia. It is noted that Wikipedia is not an acceptable academic source and is not considered reliable enough for application of law. Further the data provided is contradictory to other sources that indicate that low density polyethylene has densities ranging from 915 to 935 kg/m3 (see polyethylene data on page 3 of “Plastic Films in Food packing 2013). The fact that the applicant’s definition is not consistent with other definitions underscores the problematic nature of relative terminology.
In regard to claim 9, 30, the recitation, “in rolled form” is unclear as it is not clear what form is “rolled”. It is not clear what physical features must be evaluated or what form qualifies as rolled. Further, inasmuch as the recitation refers to how the material is stored or shipped in bulk and not how the material is formed while installed in the closing element, such a characterization is entirely inappropriate and unclear, since how the material is delivered to consumers is not a characterization of the material in the closing element itself. For examination it is presumed that as long as the fiber can curl it is in rolled form.
In regard to claim 9, 12, 20, 23, 30, 33, the recitation, “high-density” is indefinite since there is no way to determine the requisite density to be considered “high”. The applicant argues in the remarks filed 4/2/2025 that high density polyethylene has a density defined range of 930 to 970 kg/m3, this allegation is allegedly supported by Wikipedia. It is noted that Wikipedia is not an acceptable academic source and is not considered reliable enough for application of law. It is entirely unclear why a density of say, 1000 kg/m3 would not be considered “high density”.
In regard to claim(s) 10, 21, 25, 31, 34, the recitation, “microcellular” is indefinite inasmuch as it is interpreted to require cells of a particular size in the foam. “Micro” sized cells is a relative term just like short, fat, slow, and stupid and have no absolute meaning except in relation or relative to something else. Therefore it is unclear what size the cells of the foam must have to be considered “Microcellular”. The applicant argues in the remarks filed 4/2/2025 that microcellular has specific size of the bubbles and cites Wikipedia. It is noted that Wikipedia is not an acceptable academic source and is not considered reliable enough for application of law. It is entirely unclear what size is required since it is clear that the term is used loosely to mean small cells and what is sufficiently small to be considered “micro” is undefined.
In regard to claim 15, the recitation, “an opening” is indefinite for improperly reintroducing what was already previous introduced.
In regard to claim 19, the recitation, “insulating material” (line 120) is unclear as it is not clear what feature the material must have to qualify. Further, the term is unclear since it is a relative term and it is unclear what amount of thermal conductivity is sufficiently low to meet the limitation. See the 112-f section below.
The recitation, “a cryogenic storage container maintaining cryogenic temperatures between 77 degrees Kelvin and 123 degrees Kelvin” (line 114-115) is indefinite as there is no way to determine what further structure the storage container must have to provide for the recited function. For present examination, the recitation is fully a matter of functional use, akin to a fluid in the storage container and thereby the temperature of such fluid is wholly a matter of use and does not require any particular additional structure of the container.
The recitation, “a first fastening component including an insert that receives an end portion of the at least one member within the first fastening component” (line 125-126) and the recitation, “a second fastening component including an insert that receives a second end portion of the at least one member within the second fastening component” (line 129-130) are indefinite inasmuch as the recitations are interpreted as requiring that the inserts must be separate from the first or second fastening components.
The recitation, “from a bottom assembly” (line 131-132) is indefinite as the disclosure has no bottom assembly but only has a bottom member and it is entirely unclear how to interpret the scope of the recitation in combination with the “bottom member”.
The recitation, “different material” is unclear what must be different about the material to qualify as the claimed difference. For examination, any difference, including location of the material is sufficient to meet the recitation.
The recitation, “compressingly affixed” is indefinite inasmuch as interpreted to require a set amount of tension or compression in the affixing as there is no way to determine what level of compression or tension is required by the recitation.
In regard to claim 28, the recitation, “a cryogenic storage container maintaining cryogenic temperatures between 77 degrees Kelvin and 123 degrees Kelvin” (line 167-168) is indefinite as there is no way to determine what further structure the storage container must have to provide for the recited function. For present examination, the recitation is fully a matter of functional use, akin to the fluid in the storage container and thereby the temperature of such fluid is wholly a matter of use and does not require any particular additional structure of the container.
The recitation, “insulating material” (line 170) is unclear as it is not clear what feature the material must have to qualify. Further, the term is unclear since it is a relative term and it is unclear what amount of thermal conductivity is sufficiently low to meet the limitation. See the 112-f section below.
The recitation, “different material” is unclear what must be different about the material to qualify as the claimed difference. For examination, any difference, including location of the material is sufficient to meet the recitation.
The recitation, “compressingly affixed” is indefinite inasmuch as interpreted to require a set amount of tension or compression in the affixing as there is no way to determine what level of compression or tension is required by the recitation.
In regard to claims 31, 32, the recitation, “the laminated materials” lacks proper antecedent basis.
CLAIM INTERPRETATION
The definition of “substantially” is provided in the specification (page 7). Such a relative term is often undefined and ill-used. However, the applicant’s specification is clear. The recitation, “a diameter of the at least one hole is substantially equal to a diameter of the at least one member” is definite inasmuch as the recitation is interpreted to mean that the diameter of the hole is within 10% of a diameter of the least one member.
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 language 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 limitation) 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 limitations 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 limitation 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 limitation 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 limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation 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 limitation 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 limitation 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 limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations 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 limitations 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.
This application includes one or more claim limitations that use the word “means” or “step” but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitation(s) is/are:
The recitation, “insulating material” is disclosed as a material that “reduces thermal conduction” (spec. page 8, line 11), however, there is nothing indicating what the thermal conduction must be reduced relative to and therefore it is unclear what thermal conductivity is sufficiently low and what thermal conductivity is insufficiently low to meet the recitation. The term is used to denote the purpose of the material and it is entirely unclear what material property values qualify a material to be considered insulating. The allegation of the applicant (4/2/25) is that the specification identifies the thermal conductivity of an embodiment. In response, it is noted that an example is not a definition and there is no way to determine the limits of the term. For example, it is unclear if say 0.1 W/m-K would be considered within the scope of the insulating or not as the specification fails to properly define the term. The specification fails to define what is encompassed by the relative term and the applicant fails to show any definite delineation for the relative term.
The recitation, “fastening component” in claim 1 is interpreted as a mechanical fastener (see spec. page 14, line 23-26).
The recitation, “a communication path element” in claim 4 is interpreted as a wire (see spec. page 16, line 10).
The recitation, “a vent member” in claim 14, is interpreted as a conduit or tube (see spec. page 12).
Note that the following claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof.
The recitation, “a closing element” as defined by the further limitations in claim 1 has sufficient structure to perform the function of closing.
If applicant intends 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 limitation(s) to remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function.
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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claim(s) 1-4, 8, 10, 14, 15, 19, 22, 25-29, 31 is/are rejected under 35 U.S.C. 103 as being unpatentable over McCormick (US 2019/0063688) in view of NPL (Baliozian) from IDS dated 4/24/2025, and Maurer (US 2011/0293914). See the indefiniteness rejections and note that the prior art teaches the claimed features as far as can be interpreted and see the interpretation applied below.
In regard to claim 1, McCormick teaches a closing element (10) for selectively blocking an opening (24, para. 23) of a cryogenic storage container (18) maintaining cryogenic temperatures between 77 degrees Kelvin and 123 degrees Kelvin (fully capable of storing fluids having such temperatures; para. 2, 3, 24), comprising:
a head assembly (at least 14, 40) and a bottom member (38);
at least one layer of insulating material (36) disposed between the head assembly (at least 14, 40) and the bottom member (38);
an outer layer (multi-layer thermal plastic, para. 29) including at least a first layer (first of multiple layers) and a second layer (second of multiple layers), the first layer (first) wrapped around and compressingly affixed (interpreted as wrapped to be attached) to the insulating material (36), the first layer (first) disposed between the insulating material (36) and the second layer (second), the first layer (first) being comprised of a different material (different at least in location) than the second layer (second).
In addition, supposing only for the sake of argument that McCormick does not teach that the outer layer has two different material layers. Maurer teaches it is well known to forming multi-layered composite articles (para. 2, 3, 16) from thermoplastic polymers and teaches an outer layer (skin, para. 35) including at least a first layer (first of more than one layer, para. 35, 59) and a second layer (second of more than one layer, para. 35, 59), the first layer (first) wrapped around and compressingly affixed (para. 61, bonded) to an insulating material (foam core, para. 62), the first layer (first) disposed between the insulating material (foam core) and the second layer (second), the first layer (first) being comprised of a different material (para. 35, more than one layer including linear low density polyethylene and other thermoplastics) than the second layer (second). Therefore it would have been obvious to those of ordinary skill in the art at the time the invention was made to modify the outer layer of McCormick with a first and a second layer of different materials for the purpose of providing a blend of performance properties.
McCormick does not explicitly teach at least one hole extending through the at least one layer of insulating material (36); at least one member disposed in the at least one hole and extending through the insulating material (36); wherein a diameter of the at least one hole is substantially equal to a diameter of the at least one member; a first fastening component including an insert that receives a first end portion of the at least one member within the first fastening component, the first fastening component forming a flange that applies compression from the head assembly to the at least one layer of insulating material; and a second fastening component including an insert that receives a second end portion of the at least one member within the second fastening component, the second fastening component forming a flange that applies compression from the bottom member to the at least one layer of insulating material.
However, assembling a closing element with a nuts and bolts is routine and ordinary as taught by Baliozian. Baliozian teaches a closing element (plug assembly of Fig. 2) that is configured to be selectively inserted in the neck opening (opening of “neck”), the closing element including: a head assembly (at least top 3) and a bottom member (at least bottom 3); at least one layer of insulating material (5) disposed between the head assembly (at least top 3) and the bottom member (at least bottom 3); at least one hole (see hole in 5) extending through the at least one layer of insulating material (5); and at least one member (2) disposed in the at least one hole (hole in 5) and extending through the insulating material (5); and a first fastening component (top 4) including an insert (threads of top 4) that receives a first end portion (top of 2) of the at least one member (2) within the first fastening component (top 4), the first fastening component (top 4) forming a flange (bottom face thereof) that applies compression from the head assembly (top 3) to the at least one layer of insulating material (5); and a second fastening component (bottom 4) including an insert (threads of 4) that receives a second end portion (bottom of 2) of the at least one member (2) within the second fastening component (bottom 4), the second fastening component (bottom 4) forming a flange (upper face) that applies compression from the bottom member (bottom 3) to the at least one layer of insulating material (5); wherein a diameter of the at least one hole (in 5) is substantially equal to a diameter of the at least one member (2)(see fig. 1-2).
Therefore it would have been obvious to those of ordinary skill in the art at the time the invention was made to modify McCormick with at least one member disposed in at least one hole in the insulating material and a first fastening component and second fastening component as described above for the purpose of providing a secure, easy and affordable way to assemble the insulation material of the closing element while ensuring removability. Further it is immediately obvious to provide a diameter of the at least one hole to be substantially equal to a diameter of the at least one member ensure fluid tightness of the assembly.
In regard to claim 2, McCormick teaches the at least one layer of insulating material (36) includes a plurality of layers (see figure 1-2) of insulating material. McCormick does not explicitly teach metal foil between the plurality of layers of insulating material. However, Baliozian teaches a plurality of layers of insulating material (5) including at least one metal foil material (1) disposed between the plurality of layers of insulating material (5) that aide to block radiant heat exchange with the ambient through the closure. Therefore it would have been obvious to those of ordinary skill in the art at the time the invention was made to modify McCormick with a plurality of metal foil layers between the layers of insulation material to improve the radiant heat blocking ability of the closing element of McCormick.
In regard to claim 3, McCormick teaches that the at least one layer of insulating material (36) includes a blanket of aerogel material (para. 27).
In regard to claim 4, McCormick teaches that the at least one layer of insulating material (36) includes a first blanket of aerogel material and a second blanket of aerogel material (para. 27), and wherein the closing element (10) further comprises a sensor (74) and a communication path element (76), the communication path element (76) extending through the first blanket material and the second blanket material (see layers of 36) to the sensor (74), the first blanket material and the second blanket compressing around the communication path element (76; para. 45).
In regard to claim 8, McCormick, as modified, teaches that the outer layer (multi-layer thermal plastic, para. 29) includes a linear low density polyethylene film (Maurer-para. 35) providing the obvious benefits of good toughness, stretchability and puncture resistance to the composite closing element.
In regard to claims 10, McCormick teaches an outer layer (multi-layer thermoplastic material and foam) includes a microcellular foam material (foam; para. 29, the disclosed foam has some cells on some smaller scale).
In regard to claim 14, McCormick teaches a vent member (tube para. 32) disposed in the at least one layer of insulating material (36), the vent member sized to transfer fluid coolant from a cryogenic cavity (20) of the cryogenic storage container (18) to maintain pressure of 7.25 PSI or less in the cavity (20)(fully capable of the functional language).
In regard to claim 15, McCormick teaches a sensor (74) fixedly disposed in a pocket (space in 38 for 74) of the bottom member (38), the bottom member (38) configured to face a cryogenic cavity (20) of the cryogenic storage container (18) when the closing element (10) is installed to close an opening (24) of the cryogenic storage container (18).
In regard to claim 19, McCormick teaches a cryogenic storage container (18), comprising: a housing (body of 18) including a cavity (20) and a neck opening (24); a closing element (10) that is configured to be selectively inserted in the neck opening (24), the closing element (10) including: a head assembly (at least 14, 40) and a bottom member (38); at least one layer of insulating material (36) disposed between the head assembly (at least 14, 40) and the bottom member (38);
an outer layer (multi-layer thermal plastic, para. 29) including at least a first layer (first of multiple layers) and a second layer (second of multiple layers), the first layer (first) wrapped around and compressingly affixed (interpreted as wrapped to be attached) to the insulating material (36), the first layer (first) disposed between the insulating material (36) and the second layer (second), the first layer (first) being comprised of a different material (different at least in location) than the second layer (second).
In addition, supposing only for the sake of argument that McCormick does not teach that the outer layer has two different material layers. Maurer teaches it is well known to forming multi-layered composite articles (para. 2, 3, 16) from thermoplastic polymers and teaches an outer layer (skin, para. 35) including at least a first layer (first of more than one layer, para. 35, 59) and a second layer (second of more than one layer, para. 35, 59), the first layer (first) wrapped around and compressingly affixed (para. 61, bonded) to an insulating material (foam core, para. 62), the first layer (first) disposed between the insulating material (foam core) and the second layer (second), the first layer (first) being comprised of a different material (para. 35, more than one layer including linear low density polyethylene and other thermoplastics) than the second layer (second). Therefore it would have been obvious to those of ordinary skill in the art at the time the invention was made to modify the outer layer of McCormick with a first and a second layer of different materials for the purpose of providing a blend of performance properties.
McCormick does not explicitly teach at least one hole extending through the at least one layer of insulating material (36); at least one member disposed in the at least one hole and extending through the insulating material (36); wherein a diameter of the at least one hole is substantially equal to a diameter of the at least one member; a first fastening component including an insert that receives an end portion of the at least one member within the first fastening component, the first fastening component forming a flange that applies compression from the head assembly to the at least one layer of insulating material; and a second fastening component including an insert that receives an other end portion of the at least one member within the second fastening component, the second fastening component forming a flange that applies compression from the bottom member to the at least one layer of insulating material.
However, assembling a closing element with a nuts and bolts is routine and ordinary as taught by Baliozian. Baliozian teaches a closing element (plug assembly of Fig. 2) that is configured to be selectively inserted in the neck opening (opening of “neck”), the closing element including: a head assembly (at least top 3) and a bottom member (at least bottom 3); at least one layer of insulating material (5) disposed between the head assembly (at least top 3) and the bottom member (at least bottom 3); at least one hole (see hole in 5) extending through the at least one layer of insulating material (5); and at least one member (2) disposed in the at least one hole (hole in 5) and extending through the insulating material (5); and a first fastening component (top 4) including an insert (threads of top 4) that receives an end portion (top of 2) of the at least one member (2) within the first fastening component (top 4), the first fastening component (top 4) forming a flange (bottom face thereof) that applies compression from the head assembly (top 3) to the at least one layer of insulating material (5); and a second fastening component (bottom 4) including an insert (threads of 4) that receives an other end portion (bottom of 2) of the at least one member (2) within the second fastening component (bottom 4), the second fastening component (bottom 4) forming a flange (upper face) that applies compression from the bottom member (bottom 3) to the at least one layer of insulating material (5); wherein a diameter of the at least one hole (in 5) is substantially equal to a diameter of the at least one member (2)(see fig. 1-2). Therefore it would have been obvious to those of ordinary skill in the art at the time the invention was made to modify McCormick with at least one member disposed in at least one hole in the insulating material and a first fastening component and second fastening component as described above for the purpose of providing a secure, easy and affordable way to assemble the insulation material of the closing element while ensuring removability. Further it is immediately obvious to provide a diameter of the at least one hole to be substantially equal to a diameter of the at least one member ensure fluid tightness of the assembly.
In regard to claim 22, McCormick, as modified, teaches that the outer layer (multi-layer thermal plastic, para. 29) includes a linear low density polyethylene film (Maurer-para. 35) providing the obvious benefits of good toughness, stretchability and puncture resistance to the composite closing element.
In regard to claim 25, McCormick teaches that the closing element (10) further comprises a microcellular foam material (foam; para. 29, the disclosed foam has some cells on some smaller scale) wrapped around the at least one layer of insulating material (36).
In regard to claim 26, McCormick teaches a temperature sensor (74) that is fixedly disposed in a pocket (space of 74 in 38) of the bottom member (38), the temperature sensor (74) including a sensor tip (part of 74) that is exposed to the cryogenic cavity (20) when the temperature sensor (74) is fixedly disposed in the pocket (space for 74 in 38).
In regard to claim 27, McCormick teaches that the at least one layer of insulating material (36) has a thermal conductivity less than 0.02 W/m-K (para. 27).
In regard to claim 28, McCormick teaches a closing element (10) for selectively blocking an opening (24, para. 23) of a cryogenic storage container (18), comprising:
a head assembly (at least 14, 40) and a bottom member (38);
at least one layer of insulating material (36) disposed between the head assembly (at least 14, 40) and the bottom member (38);
an outer layer (multi-layer thermal plastic, para. 29) including at least a first layer (first of multiple layers) and a second layer (second of multiple layers), the first layer (first) wrapped around and compressingly affixed (interpreted as wrapped to be attached) to the insulating material (36), the first layer (first) disposed between the insulating material (36) and the second layer (second), the first layer (first) being comprised of a different material (different at least in location) than the second layer (second).
In addition, supposing only for the sake of argument that McCormick does not teach that the outer layer has two different material layers. Maurer teaches it is well known to forming multi-layered composite articles (para. 2, 3, 16) from thermoplastic polymers and teaches an outer layer (skin, para. 35) including at least a first layer (first of more than one layer, para. 35, 59) and a second layer (second of more than one layer, para. 35, 59), the first layer (first) wrapped around and compressingly affixed (para. 61, bonded) to an insulating material (foam core, para. 62), the first layer (first) disposed between the insulating material (foam core) and the second layer (second), the first layer (first) being comprised of a different material (para. 35, more than one layer including linear low density polyethylene and other thermoplastics) than the second layer (second). Therefore it would have been obvious to those of ordinary skill in the art at the time the invention was made to modify the outer layer of McCormick with a first and a second layer of different materials for the purpose of providing a blend of performance properties.
McCormick does not explicitly teach at least one hole extending through the at least one layer of insulating material (36); at least one member disposed in the at least one hole and extending through the insulating material (36); wherein a diameter of the at least one hole is substantially equal to a diameter of the at least one member.
However, assembling a closing element with a nuts and bolts is routine and ordinary as taught by Baliozian. Baliozian teaches a closing element (plug assembly of Fig. 2) that is configured to be selectively inserted in the neck opening (opening of “neck”), the closing element including: a head assembly (at least top 3) and a bottom member (at least bottom 3); at least one layer of insulating material (5) disposed between the head assembly (at least top 3) and the bottom member (at least bottom 3); at least one hole (see hole in 5) extending through the at least one layer of insulating material (5); and at least one member (2) disposed in the at least one hole (hole in 5) and extending through the insulating material (5). Therefore it would have been obvious to those of ordinary skill in the art at the time the invention was made to modify McCormick with at least one member disposed in at least one hole in the insulating material as described above for the purpose of providing a secure, easy, and affordable way to assemble the insulation material of the closing element while ensuring removability. Further it is immediately obvious to provide a diameter of the at least one hole to be substantially equal to a diameter of the at least one member ensure fluid tightness of the assembly.
In regard to claim 29, McCormick, as modified, teaches that the outer layer (multi-layer thermal plastic, para. 29) includes a linear low density polyethylene film (Maurer-para. 35) providing the obvious benefits of good toughness, stretchability and puncture resistance to the composite closing element.
In regard to claim 31, McCormick, as modified, teaches an outer layer (multi-layer thermoplastic material and foam) includes a microcellular foam material (foam; para. 29, the disclosed foam has some cells on some smaller scale).
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over McCormick (US 2019/0063688) in view of NPL (Baliozian) from IDS dated 4/24/2025, Maurer (US 2011/0293914), and Wikswo (US 3980076).
McCormick, as modified, teaches that the first end portion (top thereof) of the at least one member (tube) is attached to the head assembly (at least 14, 40) and the other end portion (bottom thereof) of the at least one member (bolt of Baliozian) is attached to the bottom member (38). McCormick does not explicitly teach that the at least one member (bolt) is formed from phenolic material. However, phenolic material is old and well known for cryogenic systems. Wikswo teaches a cryogenic assembly having a rod (47) made from a phenolic material (column 10, line 30-35). Phenolic materials have sufficient mechanical properties, low thermal conduction and retain their properties at cryogenic temperatures. Therefore it would have been obvious to those of ordinary skill in the art at the time the invention was made to modify the at least one member (bolt) of McCormick to be formed of phenolic material for the purpose of providing a mechanically secure tube that has low thermal conduction of heat leak.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over McCormick (US 2019/0063688) in view of NPL (Baliozian) from IDS dated 4/24/2025, Maurer (US 2011/0293914), and Brzozowski (US 4813244). See the indefiniteness rejections and note that the prior art teaches the claimed features as far as can be interpreted.
McCormick, as modified, does not explicitly teach the material of the first or the second fastening component is Garolite. However, Garolite is a well known material for cryogenic applications and Brzozowski teaches a fastening component (83) made of Garolite (G-10, column 4, line 30-35) as they provide reasonable physical strength with low thermal conductivity. Therefore it would have been obvious to those of ordinary skill in the art at the time the invention was made to modify the first and second fastening components of McCormick to be made from G-10 for the purpose of providing reduced thermal conduction through the nut and thereby reduced heat leak therethrough.
Claim(s) 9, 23, 30 is/are rejected under 35 U.S.C. 103 as being unpatentable over McCormick (US 2019/0063688) in view of NPL (Baliozian) from IDS dated 4/24/2025, Maurer (US 2011/0293914), and Bollinger (US 2020/0003367).
McCormick teaches an outer layer (multi-layer thermoplastic material and foam). McCormick does not explicitly teach that the outer layer has a nonwoven high-density polyester fiber material. However, Bollinger teaches a closing element (vapor plug) that uses an outer material of Tyvek (which is formed of non-woven high density polyester fiber material). Therefore it would have been obvious to those of ordinary skill in the art at the time the invention was made to modify the outer layer of McCormick to include Tyvek for the purpose of providing a layer that provides good moisture resistance and durability.
Claim(s) 11, 24, 32 is/are rejected under 35 U.S.C. 103 as being unpatentable over McCormick (US 2019/0063688) in view of NPL (Baliozian) from IDS dated 4/24/2025, Maurer (US 2011/0293914), and Gustafson (US 4925060).
McCormick teaches an outer layer (multi-layer thermoplastic material and foam). McCormick does not explicitly teach polyester fleece. However, Gustafson teaches a dewar plug (40) having polyester fleece (40; column 3, line 30-35) providing another venting path for gas while eliminating convection currents (column 3, line 25-30). Therefore it would have been obvious to those of ordinary skill in the art at the time the invention was made to modify the layered material of McCormick to be formed of polyester fleece for the purpose of providing alternative or additional venting in applications where large amounts of gas are being evaporated while preventing undesired convection flows.
Response to Arguments
Applicant’s arguments filed 10/9/2025 have been fully considered but are not persuasive in view of the new grounds of rejection.
Applicant's arguments (page 11) are an assertion that the applicant strongly disagrees that there is no way to determine what thermal conductivity is sufficiently low to qualify and an allegation that those of skill in the art “is aware of the specific temperatures required to be maintained” and “that the specification defines specific examples of insulating materials”.
In response, the allegation is unpersuasive since the position of the rejection is not that insulating materials are unknown but that it is unclear what thermal conductivity limit is required to meet the term. The citation of the temperature in the claim does not at all provide a delineation of the thermal conductivity required by the recitation of insulating material.
Applicant's arguments (page 12) are an allegation that “rolled form” refers to how the material can be formed and stored and transported.
In response, the allegation is unpersuasive since a description of how the material stored or transported is not a description of the material as it is within the claimed closing element and the recitation is indefinite.
Applicant's arguments (page 12) are an allegation that the terms low density and high density are definite. In response, the allegation is unpersuasive since the disclosure does not appear to make clear what density amount delineates such relative terms.
Applicant's arguments (page 13-14) are an allegation that the terms insulating material and fastening component do “not invoke 35 USC 112(f) on the basis that “insulating material…has been amended to specifically include parameters that define the scope and parameters associated with the insulating material is providing thermal conductivity for.” And that “fastening components” would be known by one of skill in the art.
In response, the allegation is unpersuasive as providing no reason whatsoever. On the other hand, the rejection has shown that the recitations have a generic placeholder which recites a function and does not recite sufficient structure to perform the function under the three prong test. The allegation is without any basis whatsoever and therefore is unpersuasive.
Applicant's arguments (page 16-29) are an allegation that the prior art does not teach the new limitations and these are not persuasive as indicated in the detailed rejection above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN F PETTITT whose telephone number is (571)272-0771. The examiner can normally be reached on M-F, 9-5p. 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): http://www.uspto.gov/interviewpractice. The examiner’s supervisor, Frantz Jules can be reached on 571-272-6681. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JOHN F PETTITT, III/Primary Examiner, Art Unit 3763
JFPIII
December 18, 2025