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 .
Status
This Office Action is in response to the remarks and amendments filed on 10/10/2025. The previous claim objections have been withdrawn. Claims 1-4, 6-13, and 15-20 remain pending for consideration.
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 1-4, 6-13, and 15-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 1, the claim recites “a cryogenic nitrogen sourced gas-driven pneumatic device comprising: a cryogenic storage tank that stores liquid nitrogen under pressure, the cryogenic storage tank including a pneumatic control system” which renders the claim indefinite. As recited, the claim is confusing because the claim seems to indicate that the disclosed “pneumatic control system” is a component of the “cryogenic nitrogen sourced gas-driven pneumatic device”. However, Applicant discloses in paragraph [0026] that a pneumatic control system “may include one or more of the following components, a support skid, pallet, or trailer300, a tank100 (such as a cryogenic storage tank that may be single walled with external insulation or double wall with a vacuum in between the double wall, with vertical or horizontal orientation), a pressure build circuit520, an economizer circuit560. a vaporizer210 (such as a gas heater), a pressure regulating station56, a safety system550, a rapid fill connection10, and one or more devices for instrumentation and telemetry”. Therefore, according to the specification, the disclosed “cryogenic nitrogen sourced gas-driven pneumatic device” and “pneumatic control system” are referring to the same exact structure. More clarity is requested.
Claim 1 recites the limitation “the cryogenic storage tank operations” in line 22. There is insufficient antecedent basis for this limitation in the claim.
For examination purposes, the phrase “the cryogenic storage tank operations” will be interpreted as -- the cryogenic storage tank operation --
Claim 1 recites the limitation “a gas” in line 23. There is insufficient antecedent basis for this limitation in the claim.
For examination purposes, the phrase “the liquid nitrogen is converted into a gas” will be interpreted as -- the liquid nitrogen is converted into the gas --
Regarding claim 19, the claim recites “a method of filling and using a cryogenic nitrogen sourced gas-driven pneumatic device, the method comprising: connecting a transfer hose to a rapid fill connection on a tank, the tank including a pneumatic control system” which renders the claim indefinite. As recited, the claim is confusing because the claim seems to indicate that the disclosed “pneumatic control system” and “cryogenic nitrogen sourced gas-driven pneumatic device” are two distinct structures. However, Applicant discloses in paragraph [0026] that a pneumatic control system “may include one or more of the following components, a support skid, pallet, or trailer300, a tank100 (such as a cryogenic storage tank that may be single walled with external insulation or double wall with a vacuum in between the double wall, with vertical or horizontal orientation), a pressure build circuit520, an economizer circuit560. a vaporizer210 (such as a gas heater), a pressure regulating station56, a safety system550, a rapid fill connection10, and one or more devices for instrumentation and telemetry”. Therefore, according to the specification, the disclosed “cryogenic nitrogen sourced gas-driven pneumatic device” and “pneumatic control system” are referring to the same exact structure. More clarity is requested.
Claim 19 recites the limitation “tank information” in line 22. There is insufficient antecedent basis for this limitation in the claim.
For examination purposes, the phrase “the pneumatic control system is configured to transmit tank information to a remote device” will be interpreted as -- the pneumatic control system is configured to transmit the tank information to a remote device --
Claims 2-4, 6-13, 15-18, and 20 are also rejected to due to dependency.
Appropriate correction is required.
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 (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 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.
Claims 1-2, 4, 6-13, 15-17, and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Schneider et al. (US4149388, herein after referred to as Schneider), in view of Beuneken et al. (US20220026028A1, herein after referred to as Beuneken), in view of Taylor-Wharton (Manual HP/VHP-SERIES T-W P/N# 7950-8093 February 21, 2018, herein after referred to as Taylor), in view of EPA430-B-03-004 (“options for reducing methane emissions from pneumatic devices in the natural gas industry”, herein after referred to as EPA), and in further view of .
Regarding claim 1, Schneider teaches a cryogenic nitrogen sourced gas-driven pneumatic device (Fig. 1) comprising: a cryogenic storage tank (dewar 10 Fig. 1) that stores liquid nitrogen (cryogenic liquid 18 Fig. 1) under pressure (Col. 4 lines 63-68 and Col. 5 lines 1-9); and a vaporizer (heat exchanger 37 Fig. 1), the vaporizer being configured to convert the liquid nitrogen into a gas (liquid nitrogen vaporizes in Col. 5 lines 18-23) as the liquid nitrogen is drawn through the vaporizer.
Schneider teaches the invention as described above but fails to explicitly teach “a pressure build circuit configured to build and hold a pressure in the cryogenic storage tank; an economizer circuit configured to draw gas that forms in the cryogenic storage tank”.
However, Beuneken teaches a pressure build circuit (pipe 21, regulating valve 14, 20, and heater 13 Fig. 1) configured to build and hold pressure in a cryogenic storage tank (paragraph [0057] where first casing 1 and second casing 2 corresponds to the tank of Schneider); an economizer circuit (pipe 7and valve 15,20 Fig. 1) configured to draw gas (fluid in the gaseous state in paragraph [0049]) that forms in the cryogenic storage tank to provide a more effective way of building pressure in the tank.
Therefore, it would have been obvious to a person skilled in the art before the effectively filed date to modify the apparatus of Schneider to include “a pressure build circuit configured to build and hold a pressure in the cryogenic storage tank; an economizer circuit configured to draw gas that forms in the cryogenic storage tank” in view of the teachings of Beuneken to provide a more effective way of building pressure in the tank.
The combined teachings teach the invention as described above but fail to explicitly teach “the vaporizer positioned internally within the cryogenic storage tank”.
However, Taylor teaches a vaporizer (the vaporizer illustrated in the Flow Diagram Figure of page 6 corresponds to the vaporizer of Schneider) positioned internally within a cryogenic storage tank (Flow Diagram Figure of page 6 and the “Internal Vaporizer” section on page 7 where the disclosed “cylinder” corresponds to the cryogenic storage tank of Schneider) to convert liquid product to gas continuously during withdrawal.
Therefore, it would have been obvious to a person skilled in the art before the effectively filed date to modify the apparatus of the combined teachings to include “the vaporizer positioned internally within the cryogenic storage tank” in view of the teachings of Taylor to convert liquid product to gas continuously during withdrawal.
The combined teachings teach the invention as described above but fail to explicitly teach “the gas drawn by the economizer circuit for one or more of a pneumatic controller or a pneumatic pump; wherein the gas is used to reduce methane emissions by replacing a natural gas source that previously operated the one or more of the pneumatic controller or the pneumatic pump to control one or more operations of a remote wellsite; and the liquid converted into gas by the vaporizer is used to operate the one or more of the pneumatic controller or the pneumatic pump to reduce the methane emissions by replacing the natural gas source that previously operated the one or more of the pneumatic controller or the pneumatic pump to control the one or more operations of the remote wellsite”.
However, EPA teaches gas drawn by the economizer circuit (the “Regulated Gas supply” illustrated in Exhibit 1 page 3 corresponds to the gas drawn by the economizer circuit of Beuneken) for a pneumatic controller (Exhibit 1 page 3); wherein the gas is used to reduce methane emissions (referring to pages 9-10, the “Other technologies” section, it is understood that Nitrogen gas is offered as an alternative to reduce methane emissions) by replacing a natural gas source (disclosed “pressurized natural gas” in paragraph [1] of the “Technology Background” section page 2) that previously operated the pneumatic controller to control one or more operations (“Technology Background” section pages 2-3) of a remote wellsite (Exhibit 1 page 3); and the liquid converted into gas by the vaporizer (the “Regulated Gas supply” illustrated in Exhibit 1 page 3 corresponds to the liquid converted into gas by the vaporizer of Schneider) is used to operate the pneumatic controller to reduce the methane emissions (Exhibit 1 page 3 and “Other Technologies” section pages 9-10) by replacing the natural gas source that previously operated the pneumatic controller to control the one or more operations of the remote wellsite (“Other Technologies” section pages 9-10) to promote a safer environment.
Therefore, it would have been obvious to a person skilled in the art before the effectively filed date to modify the apparatus of the combined teachings to include “the gas drawn by the economizer circuit for one or more of a pneumatic controller or a pneumatic pump; wherein the gas is used to reduce methane emissions by replacing a natural gas source that previously operated the one or more of the pneumatic controller or the pneumatic pump to control one or more operations of a remote wellsite; and the liquid converted into gas by the vaporizer is used to operate the one or more of the pneumatic controller or the pneumatic pump to reduce the methane emissions by replacing the natural gas source that previously operated the one or more of the pneumatic controller or the pneumatic pump to control the one or more operations of the remote wellsite” in view of the teachings of EPA to promote a safer environment.
The combined teachings teach the invention as described above but fail to explicitly teach “the cryogenic storage tank including a pneumatic control system configured to capture tank information during cryogenic storage tank operation; and the pneumatic control system being configured to transmit the tank information to a remote device, the tank information being used in remote monitoring capabilities during the cryogenic storage tank operation as the liquid nitrogen is converted into the gas to operate the one or more of the pneumatic controller or the pneumatic pump”.
However, Brecheisen teaches a cryogenic storage tank (cylinder assembly 112 Fig. 10 corresponds to the cryogenic storage tank of Schneider) including a pneumatic control system (processors 3306, storages 3308, memories 3302, and input and output interfaces 3304 Fig. 33) configured to capture tank information (the disclosed “pressure of the compressed/pressurized gas” in Col. 34 lines 36-47) during cryogenic storage tank operation (corresponds to the operation described in Col. 14 lines 28-43); and the pneumatic control system being configured to transmit the tank information to a remote device (disclosed “mobile devices” in Col. 29 lines 12-32), the tank information being used in remote monitoring capabilities (Col. 32 lines 60-67 and Col. 33 lines 1-8) during the cryogenic storage tank operation as liquid nitrogen is converted into gas (Col. 13 lines 54-67 where it is disclosed that nitrogen gas is being used inside cylinder 112) to operate a pneumatic pump (pump 3300 Fig. 33 corresponds to pneumatic pump of EPA) to provide communication means among users (Col. 29 lines 33-53).
Therefore, it would have been obvious to a person skilled in the art before the effectively filed date to modify the apparatus of the combined teachings to include “the cryogenic storage tank including a pneumatic control system configured to capture tank information during cryogenic storage tank operation; and the pneumatic control system being configured to transmit the tank information to a remote device, the tank information being used in remote monitoring capabilities during the cryogenic storage tank operation as the liquid nitrogen is converted into the gas to operate the one or more of the pneumatic controller or the pneumatic pump” in view of the teachings of Brecheisen to provide communication means among users.
Regarding claim 2, the combined teachings teach wherein the pressure build circuit builds and holds pressure in the cryogenic storage tank by opening a regulator (regulator 14,20 Fig. 1 of Beuneken) when the pressure drops (paragraph [0057] of Beuneken) that allows the liquid nitrogen (liquid in paragraph [0057] of Beuneken which corresponds to the liquid nitrogen of Schneider) to flow from a bottom of the cryogenic storage tank (lower end of casing 1 Fig. 1 and paragraphs [0054]-[0057] of Beuneken) through a pressure build coil (heater 13 Fig. 1 of Beuneken) and back into a top of the cryogenic storage tank (upper part of first casing 1 Fig. 1 and paragraph [0054]-[0057] of Beuneken).
Regarding claim 4, the combined teachings teach the cryogenic storage tank is a double walled tank (double-casing cryogenic tank in paragraph [0046] of Beuneken) including an inner wall (first casing 1 Fig. 1 of Beuneken) and an outer wall (second casing 2 Fig. 1 of Beuneken) with a vacuum (paragraph [0046] of Beuneken) situated between the inner wall and the outer wall (Fig. 1 and paragraph [0046] of Beuneken), and wherein the vaporizer is positioned between the inner wall and the outer wall (Flow Diagram Fig. page 6 and “handling the Container” section on page 3 of Taylor where the disclosed “inner container” and “outer container” correspond respectively to the inner wall and outer wall of Beuneken).
Regarding claim 6, the combined teachings teach wherein the cryogenic storage tank may be in a vertical configuration (Fig. 1 of Beuneken).
Regarding claim 7, the combined teachings teach wherein the gas that the economizer circuit draws from the cryogenic storage tank (paragraph [0049] of Beuneken) is formed because of natural heat leak (Col. 5 lines 35-45 of Schneider) into the cryogenic storage tank that converts the liquid nitrogen to the gas (Col. 5 lines 35-45 of Schneider).
Regarding claim 8, the combined teachings teach wherein the economizer circuit draws the formed gas from a top (upper part of first casing 1 Fig. 1 and paragraph [0049] of Beuneken) of an interior of the cryogenic storage tank (interior of first casing 1 Fig. 1 and paragraph [0049] of Beuneken).
Regarding claim 9, the combined teachings teach wherein the economizer circuit reduces the pressure of the cryogenic storage tank (paragraph [0062] of Beuneken) by drawing the formed gas from the top of the interior of the cryogenic storage tank (paragraph [0062] of Beuneken) until the pressure of the cryogenic storage tank reaches a set pressure value (working pressure PC in paragraph [0062] of Beuneken).
Regarding claim 10, the combined teachings teach further comprising: one gas connection (quick disconnect valve 43 Fig. 2 of Schneider) configured to be attached to the pneumatic controller (Col. 4 lines 30-37 of Schneider where the disclosed “pneumatic tool” corresponds to the pneumatic controller of EPA) that normally operate using natural gas (“Technology Background” section page 2 of EPA) to control the one or more operation of the remote wellsite (“Technology Background” section pages 2-3 of EPA).
Regarding claim 11, the combined teachings teach further comprising: a rapid fill feature (flange 8 in Fig. 1 of Beuneken) that uses a top fill valve (distribution valve 19 connected to filling pipe 10 Fig. 1 of Beuneken) and a bottom fill valve (distribution valve 19 connected to filling pipe 9 Fig. 1 of Beuneken) to fill the cryogenic storage tank without a loss of pressure (paragraph [0097] of Beuneken).
Regarding claim 12, the combined teachings teach wherein during a fill process (understood to be the process accomplished using the filling circuit disclosed in paragraph [0092] of Beuneken), the pressure of the cryogenic storage tank is controlled by adjusting a flow (paragraph [0103] of Beuneken) of one or more of the top fill valve and the bottom fill valve (paragraph [0103] of Beuneken).
Regarding claim 13, further comprising: a pressure regulating station (air venting regulator 16, 20 Fig. 1 of Beuneken) that includes an inlet pressure gauge (set 12 of one or more sensors in Fig. 1 and paragraph [0067] of Beuneken) and an outlet pressure gauge (set 12 of one or more sensors in Fig. 1 and paragraph [0067] of Beuneken)and one or more pressure relief valves (pneumatic or electrically controlled valve in paragraph [0067] of Beuneken) that opens to reduce the pressure when one of the inlet pressure gauge and the outlet pressure gauge exceeds a threshold value (high threshold in paragraph [0067] of Beuneken).
Regarding claim 15, the combined teachings teach wherein the cryogenic storage tank provides tank information (paragraphs [0053] and [0088] of Beuneken) including one or more of fill detect (disclosed “level of liquid” in paragraph [0088] of Beuneken) and low level (disclosed “level of liquid” in paragraph [0088] of Beuneken).
Regarding claim 16, the combined teachings teach wherein the cryogenic storage tank that stores the liquid nitrogen under pressure, the liquid nitrogen is used in place of natural gas (carbon dioxide in Col. 7 lines 23-36 of Schneider) used by pneumatic devices (pneumatic hand tools in Col.7 lines 23-36 of Schneider), the liquid nitrogen being converted into a gas (Col. 5 lines 18-23 of Schneider) as it is drawn from the cryogenic storage tank (Col. 5 lines 18-23 of Schneider) and provided to the pneumatic controller that uses pneumatic controls (disclosed “valve actuator” in page 2 of EPA) to control the operation of the remote wellsite (page 2 of EPA); the pressure build circuit configured to build and hold pressure in the cryogenic storage tank as the liquid nitrogen is stored (paragraph [0057] of Beuneken); and the economizer circuit configured to draw a formed gas (paragraph [0049] of Beuneken) that forms in the cryogenic storage tank (paragraph [0049] of Beuneken).
Regarding claim 17, the combined teachings teach wherein using the nitrogen gas to operate the pneumatic controller eliminates harmful gases (disclosed “methane emissions” in the “Other Technologies” section on page 9 of EPA) that are vented by the pneumatic controller (page 2 of EPA) that previously operated with natural gas (page 2 of EPA).
Regarding claim 19, Schneider teaches a method (Col. 4 lines 47-62) of filling and using a cryogenic nitrogen sourced gas-driven pneumatic device (Fig. 1), the method comprising: connecting a transfer hose (a person skilled in the art would recognize that a transfer hose is connecting the source of cryogenic liquid disclosed in Col. 4 line 49 to dewar 10) to a rapid fill connection (fluid fill inlet 26 Fig. 1) on a tank (dewar 10 Fig. 1); delivering liquid nitrogen (cryogenic liquid in Col. 4 lines 47-62) into the tank; opening a trycock valve (vent valve 31 Fig. 1 and Col. 4 lines 47-62 where a trycock valve is understood to be a valve used to determine a liquid level); halting delivery of the liquid nitrogen into the tank when the trycock valve emits a liquid (Col. 4 lines 47-62); closing the trycock valve (Col. 4 lines 47-62); disconnecting the transfer hose from the rapid fill connection (Col. 4 lines 47-62); converting the liquid nitrogen in the tank to a gas (Col. 5 lines 18-23 where it is disclosed that the liquid nitrogen vaporizes) using a vaporizer (heat exchanger 37 Fig. 1).
Schneider teaches the invention as described above but fails to explicitly teach “the vaporizer positioned internally within the tank”.
However, Taylor teaches a vaporizer (the vaporizer illustrated in the Flow Diagram Figure of page 6 corresponds to the vaporizer of Schneider) positioned internally within a tank (Flow Diagram Figure of page 6 and the “Internal Vaporizer” section on page 7 where the disclosed “cylinder” corresponds to the tank of Schneider) to convert liquid product to gas continuously during withdrawal.
Therefore, it would have been obvious to a person skilled in the art before the effectively filed date to modify the method of Schneider to include “the vaporizer positioned internally within the tank” in view of the teachings of Taylor to convert liquid product to gas continuously during withdrawal.
The combined teachings teach the invention as described above but fail to explicitly teach “opening a top fill valve; the liquid nitrogen is delivered through the rapid fill connection; adjusting the top fill valve to change a pressure of the tank as the liquid nitrogen is delivered; closing the top fill valve”.
However, Beuneken teaches opening a top fill valve (distribution valve 19 connected to filling pipe 10 Fig. 1); the liquid nitrogen (fluid in paragraph [0096] which corresponds to the liquid nitrogen of Beuneken) is delivered through the rapid fill connection (flange 8 Fig. 1 which corresponds to the rapid fill connection of Schneider); adjusting the top fill valve to change a pressure of the tank (paragraph [0102]) as the liquid nitrogen is delivered; closing the top fill valve (from paragraph [0106] a person skilled in the art would recognize that distribution valves 109 are closed after the filling process) to regulate the pressure in the tank (paragraph [0103]).
Therefore, it would have been obvious to a person skilled in the art before the effectively filed date to modify the combined teachings to include “opening a top fill valve; the liquid nitrogen is delivered through the rapid fill connection; adjusting the top fill valve to change a pressure of the tank as the liquid nitrogen is delivered; closing the top fill valve” in view of the teachings of Beuneken to regulate the pressure in the tank.
The combined teachings teach the invention as described above but fail to explicitly teach “providing the gas to one or more of a pneumatic controller or a pneumatic pump that uses the gas in place of natural gas to control an operation of a remote wellsite to reduce methane emissions of the one or more of the pneumatic controller or the pneumatic pump by replacing the natural gas source”.
However, EPA teaches providing the gas (the disclosed “Nitrogen gas” in page 10 corresponds to the gas of Schneider) to a pneumatic controller (the figure of Exhibit 1) that uses the gas in place of natural gas (disclosed “pressurized natural gas” in paragraph [1] of the “Technology Background” section page 2) to control an operation (“Technology Background” section pages 2-3) of a remote wellsite (Exhibit 1 page 3) to reduce methane emissions (referring to pages 9-10, the “Other technologies” section, it is understood that Nitrogen gas is offered as an alternative to reduce methane emissions) of the pneumatic controller by replacing the natural gas source (disclosed “pressurized natural gas” in paragraph [1] of the “Technology Background” section page 2) to promote a safer environment.
Therefore, it would have been obvious to a person skilled in the art before the effectively filed date to modify the method of the combined teachings to include “providing the gas to one or more of a pneumatic controller or a pneumatic pump that uses the gas in place of natural gas to control an operation of a remote wellsite to reduce methane emissions of the one or more of the pneumatic controller or the pneumatic pump by replacing the natural gas source” in view of the teachings of EPA to promote a safer environment.
The combined teachings teach the invention as described above but fail to explicitly teach “the tank including a pneumatic control system configured to capture tank information during tank operations; wherein as the gas is provided to the one or more of the pneumatic controller or the pneumatic pump, the pneumatic control system is configured to transmit the tank information to a remote device, the tank information being used in remote monitoring capabilities during the tank operations as the liquid nitrogen is converted into the gas to operate the one or more of the pneumatic controller or the pneumatic pump”.
However, Brecheisen teaches a tank (cylinder assembly 112 Fig. 10 corresponds to the cryogenic storage tank of Schneider) including a pneumatic control system (processors 3306, storages 3308, memories 3302, and input and output interfaces 3304 Fig. 33) configured to capture tank information (the disclosed “pressure of the compressed/pressurized gas” in Col. 34 lines 36-47) during tank operations (corresponds to the operation described in Col. 14 lines 28-43); wherein as a gas (Col. 13 lines 54-67) is provided to a pneumatic pump (pump 3300 Fig. 33), the pneumatic control system is configured to transmit the tank information to a remote device (disclosed “mobile devices” in Col. 29 lines 12-32), the tank information being used in remote monitoring capabilities (Col. 32 lines 60-67 and Col. 33 lines 1-8) during the tank operations as liquid nitrogen is converted into the gas (Col. 13 lines 54-67 where it is disclosed that nitrogen gas is being used inside cylinder 112) to operate the pneumatic pump (Col. 14 lines 28-43) to provide communication means among users (Col. 29 lines 33-53).
Therefore, it would have been obvious to a person skilled in the art before the effectively filed date to modify the method of the combined teachings to include “the tank including a pneumatic control system configured to capture tank information during tank operations; wherein as the gas is provided to the one or more of the pneumatic controller or the pneumatic pump, the pneumatic control system is configured to transmit the tank information to a remote device, the tank information being used in remote monitoring capabilities during the tank operations as the liquid nitrogen is converted into the gas to operate the one or more of the pneumatic controller or the pneumatic pump” in view of the teachings of Brecheisen to provide communication means among users.
Regarding claim 20, the combined teachings teach wherein adjusting the top fill valve to change the pressure of the tank as the liquid nitrogen is delivered further comprises: adjusting a bottom fill valve (distribution valve 19 connected to filling pipe 9 Fig. 1 of Beuneken) to maintain the pressure of the tank as the liquid nitrogen is delivered (paragraph [0103] of Beuneken).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Schneider, in view of Beuneken, in view of Taylor, in view of EPA, in view of Brecheisen, and in further view of Bingham (US5456629).
Regarding claim 3, the combined teachings teach wherein the liquid nitrogen flows from the bottom of the cryogenic storage tank through the pressure build coil and back into the top of the cryogenic storage tank (paragraphs [0054] and [0057] of Beuneken).
The combined teachings teach the invention as described above but fail to explicitly teach “the liquid nitrogen also flows through a strainer to remove any unwanted solids”.
However, Bingham teaches the liquid nitrogen (liquid and gaseous nitrogen in Col. 5 which corresponds to the liquid nitrogen of Schneider) also flows through a strainer (strainer 42 Fig. 2) to remove any unwanted solids (a person skilled in the art would recognize that strainer 42 will remove impurities from the flowing liquid nitrogen) to provide clean liquid nitrogen to the tank.
Therefore, it would have been obvious to a person skilled in the art before the effectively filed date to modify the apparatus of the combined teachings to include “the liquid nitrogen also flows through a strainer to remove any unwanted solids” in view of the teachings of Bingham to provide clean liquid nitrogen to the tank.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Schneider, in view of Beuneken, in view of Taylor, in view of EPA, in view of Brecheisen, and in further view of Roca Enrich Ramon (WO2005052439A1, herein after referred to as Roca).
Regarding claim 18, the combined teachings teach the invention as described above but fail to explicitly teach “wherein the cryogenic storage tank is mobile and mounted on a trailer”.
However, Roca teaches wherein the cryogenic storage tank (container tank 3 Fig. 1 which corresponds to the tank of Schneider) is mobile and mounted on a trailer (tanker truck Fig. 1) to allow the cryogenic liquid to be taken to remote supply stations.
Therefore, it would have been obvious to a person skilled in the art before the effectively filed date to modify the apparatus of the combined teachings to include “wherein the cryogenic storage tank is mobile and mounted on a trailer” in view of the teachings of Roca to allow the cryogenic liquid to be taken to remote supply stations.
Response to Arguments
Applicant’s arguments with respect to claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/SAMBA NMN GAYE/Examiner, Art Unit 3763
/JERRY-DARYL FLETCHER/Supervisory Patent Examiner, Art Unit 3763