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 .
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“a member for compressing the cycle gas” in claim 1, is understood to be a compressor;
“a member for cooling the cycle gas” in claim 1, is understood to be any art recognized heat exchanger;
“a member for expanding the second cycle gas” in claim 1, is understood to be one or more turbines or valves;
“a member for heating the expanded cycle gas” in claim 1, is understood to be any art recognized heat exchanger;
“a member for circulating the heat transfer fluid” in claim 1, is understood to be a compressor or a cryogenic pump;
“a member for compressing the cycle gas” in claim 21, is understood to be a compressor;
“a member for cooling the cycle gas” in claim 21, is understood to be any art recognized heat exchanger;
“a member for expanding the second cycle gas” in claim 21, is understood to be one or more turbines or valves;
“a member for heating the expanded cycle gas” in claim 21, is understood to be any art recognized heat exchanger;
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 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.
Claim(s) 13-19 and 21-25 are rejected under 35 U.S.C. 103 as being unpatentable over Soren (WO 2015067840 A1) in view of Proctor et al. (US 3,302,416 A).
In regard to claim 13, Soren teaches an installation for storing liquefied gas (Abstract), comprising:
a) a liquefied gas reservoir (301) configured to contain a fluid in liquid form and a gaseous phase (see fig. 7, 8; the tank 301 for store both liquid and gas); and
b) a cooling device for cooling the fluid in the reservoir (301), the cooling device comprising:
i) at least one first refrigeration system (703,704, fig. 7/ 801, fig. 8) with a cycle of refrigeration of a cycle gas going through the system (see page 10, line 29 to page 11, line 7),
ii) a first heat transfer fluid loop (see the annotated figure below) comprising a first end in heat exchange with a cold end of the first refrigeration system (heat exchanger 801) and a second end comprising a first heat exchanger (see the annotated figure below) situated in the fluid in gaseous phase contained within the reservoir (301), the first heat transfer fluid loop comprising a member for circulating the first heat transfer fluid (see page 9, line 11-12, wherein Soren discloses a circulation pump may be used to ensure a sufficient flow of the heating medium),
iii) a second heat transfer fluid loop (see the annotated figure below) comprising a first end in heat exchange with the cold end of the first refrigeration system (heat exchanger 801) and a second end comprising a second heat exchanger (see the annotated figure below) situated in the fluid in liquid phase contained within the reservoir (301), the first heat transfer fluid loop comprising a member for circulating a first heat transfer fluid (see page 9, line 11-12, wherein Soren discloses a circulation pump may be used to ensure a sufficient flow of the heating medium), wherein:
the first heat exchanger is in direct heat exchange with a fluid that surrounds the first heat exchanger in the reservoir, the second heat exchanger is in direct exchange with a fluid that surrounds the second heat exchanger in the reservoir (see the annotated figure below wherein both the first and second heat exchangers disposed in direct heat exchange with the gas and liquid in the reservoir (301) (see the annotated figure below),
the second heat exchanger is connected in parallel to the first heat exchanger (see fig. 8; also the annotated figure below),
Soren teaches at least one first refrigeration system (703,704, fig. 7/ 801, fig. 8) with a cycle of refrigeration of a cycle gas going through the system, but does not explicitly teach said at least one first refrigeration system comprising, disposed in series in the cycle of refrigeration a member for compressing the cycle gas, a member for cooling the cycle gas, a member for expanding a second cycle gas and a member for heating the expanded cycle gas.
However, a refrigeration system comprising a cycle of refrigeration with compression, expansion, condensation and evaporation member is well-known in the art, as taught by Proctor, wherein Proctor teaches a liquefied gas reservoir (8) configured to contain a fluid in liquid form and a gaseous phase (see fig. 1), a cooling device (a combination of heat exchangers and refrigerant cycles as shown in fig. 1 and 3) for cooling the fluid in the reservoir (8), the cooling device comprising at least one first refrigeration system (C2 loop) with a cycle of refrigeration of a cycle gas (C2 Loop comprising ethane, ethylene cycle) (see col, 2, line 40-44), said at least one first refrigeration system (C2 loop) comprising, disposed in series in the cycle of refrigeration a member for compressing the cycle gas (compressor), a member for cooling the cycle gas (heat exchanger), a member for expanding the second cycle gas (expander) and a member for heating the expanded cycle gas (heat exchanger 4) (see fig. 1, wherein the refrigerant loop comprises compressor, cooler and expander).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the at least one first refrigeration system of Soren with a refrigeration system disposed in series in a cycle of refrigeration comprising a member for compressing, cooling, expanding and heating the cycle gas, in view of the teachings of Proctor, as an obvious engineering expedient, in order to provide a conventional and workable vapor compression refrigeration cycle capable of reliably cooling or heating a fluid.
Furthermore, a claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987). See MPEP 2114.
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In regard to claim 14, the modified Soren teaches the installation of claim 13, wherein the first heat exchanger is situated in an upper part of the reservoir (see Soren annotated fig. 8 above).
In regard to claim 15, the modified Soren teaches the installation of claim 14, wherein the first heat transfer fluid loop comprises a system of one or more valves (see valves 802, 803, 804 and 805) for regulating a flow rate of heat transfer fluid in the first heat exchanger and/or in the second heat exchanger (see the annotated figure above; see page 10, line 29 to page 11, line 7).
In regard to claim 16, the modified Soren teaches the installation of claim 13, wherein the member for circulating the heat transfer fluid comprises a cryogenic compressor or a cryogenic pump (see page 9, line 11-12, wherein Soren discloses a circulation pump may be used to ensure a sufficient flow of the heating medium),
In regard to claim 17, the modified Soren teaches the installation of claim 13, wherein Soren teaches a heat transfer fluid, but does not explicitly teach the heat transfer fluid contains helium and/or hydrogen. However, official notice is taken that helium and/or hydrogen as a heat transfer fluid is common and well-known. It would have been obvious to one of ordinary skill in the art, at the time of the claimed invention, to employ a plate and fin heat exchanger in the system of FOR1 for the purpose of providing heat exchange by means of a relatively compact and readily available heat exchanger. Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the heat transfer fluid loop of Soren with e.g., helium, in order to provide an extremely low temperature heat transfer fluid that has a high specific heat capacity and remains stable at extremely high temperatures.
In regard to claim 18, the modified Soren teaches the installation of claim 13, wherein the first end of the first heat transfer fluid loop is in heat exchange with a cold end of the first refrigeration system at a heat exchanger (801) ensuring a counter-current heat exchange between the heat transfer fluid and the cycle gas of the first refrigeration system (see the annotated figure above).
In regard to claim 19, the modified Soren teaches the installation of claim 13, but does not explicitly teach a line for supplying fluid to be liquefied that is configured to be connected to a gas source, said line being in heat exchange with the cycle gas of the first refrigerator refrigeration system and opening into the reservoir. However, Proctor teaches a line (a high pressure feed gas 2) for supplying fluid to be liquefied that is configured to be connected to a gas source (it is obvious that the feed gas is originated from some kind of source), said line being in heat exchange with the cycle gas of the first refrigerator (in heat exchangers 3, 4) and opening into the reservoir (8) via line (13) (see fig. 1). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the Soren by providing a line for supplying fluid to be liquefied that is configured to be connected to a gas source, and in heat exchange with the cycle gas of the first refrigeration system, in view of Proctor for purpose of providing a means to introduce a fluid into reservoir.
In regard to claim 21, the modified Soren teaches the installation of claim 13, but does not teach the cooling device further comprises a second refrigeration system with a cycle of refrigeration of a cycle gas; said second refrigeration system comprises, disposed in series in a cycle circuit: a member for compressing the cycle gas, a member for cooling the cycle gas, a member for expanding the cycle gas and a member for heating the expanded cycle gas; and the installation further comprises a system for heat exchange between the cycle gas of the second refrigeration system and the cycle gas of the first refrigeration system.
However, Proctor teaches the cooling device further comprises a second refrigerator with a cycle of refrigeration of a cycle gas (C3 loop); said second refrigerator comprises, disposed in series in a cycle circuit: a member for compressing the cycle gas, a member for cooling the cycle gas, a member for expanding the cycle gas and a member for heating the expanded cycle gas (heat exchanger 3) (see fig. 1, wherein the cycle gas of the second refrigeration system (C3 loop) comprises compressor/pump, cooler and expansion valve); and the installation further comprises a system for heat exchange (heat exchangers 3 and 4) between the cycle gas of the second refrigeration system (C3 loop) and the cycle gas of the first refrigeration system (C2 loop) (see fig. 1). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the of Soren by providing a second refrigeration system, wherein the cycle gas of the second refrigeration system and the cycle gas of the first refrigeration system, in view of the teachings of Proctor, in order to provide the necessary heat transfer to the first refrigeration system and maximize the cooling device efficiency.
In regard to claim 22, the modified Soren in view of Proctor teaches the system for heat exchange (in heat exchanger 3) between the cycle gas of the second refrigeration system with a refrigeration cycle (C3 loop) and the cycle gas of the first refrigeration system with a refrigeration cycle (C2 loop) comprises a second heat transfer fluid loop (the refrigerant in line 10) comprising a first end in heat exchange (in heat exchanger 3) with a portion of the cycle circuit of the second refrigeration system (C3 loop) and a second end in heat exchange (in heat exchanger 4) with a portion of the cycle circuit of the first refrigeration system (C2 loop) (see Proctor fig. 1).
In regard to claim 23, the modified Soren in view of Proctor teaches the first end of the second heat transfer fluid loop (refrigerant in line 10) is in heat exchange with a portion of the cycle circuit of the second refrigeration system (C3 loop) at least one heat exchanger (heat exchanger 3); and the second end of the second heat transfer fluid loop (refrigerant in line 10) is in heat exchange with a portion of the cycle circuit of the first refrigeration system (C2 loop) at least one heat exchanger (heat exchanger 4) (see Proctor fig. 1).
In regard to claim 24, the modified Soren in view of Proctor teaches the second heat transfer fluid loop (C3 loop) comprises a pump for circulating the heat transfer fluid (see the pump on C3 loop) (see Proctor fig. 1).
In regard to claim 25, the modified Soren in view of Proctor teaches the second heat transfer fluid loop (C3 loop) comprises a pump for circulating the heat transfer fluid (see the pump on C3 loop) (see Proctor fig. 1).
Response to Arguments
Applicant's arguments filed 01/02/2026 have been fully considered but they are not persuasive.
Applicant's arguments (Remark page 5) that instant claim 13, as currently amended, requires, among other things, a "cooling" device for "cooling" the fluid in a reservoir. The descriptive term "cooling" is used six times in instant claim 13 alone. Soren '840 clearly describes a "heating" device. Figure 7 utilizes element 704 and Figure 8 utilizes element 804, for which Soren '840 provides no description. However, it is clear to the skilled artisan that these elements are analogous to element 306 in Figure 3. Element 306 is clearly identified as "an external evaporator" (page 9, line 5), "an evaporator" (page 8, line 9) or "a reboiler" (page 8, line 10), throughout the specification. Soren '840 clearly describes "heating and/or evaporating the heating medium while it circulates through the external heat exchanger or evaporator 306." (page 9, lines 7-9) One of ordinary skill in the art will recognize that Soren '840 clearly discloses a heating system and not a cooling system.
In response, this argument is not persuasive. (A) Apparatus Claim – Capability Controls. Claim 13 is directed to an apparatus, not a method. Therefore, the relevant inquiry is whether the prior art structure is capable of performing the claimed function, not whether it is exclusively described for that purpose. It is well established that: an apparatus claim covers a structure capable of performing the recited function, even if the prior art discloses it for a different use. Soren discloses: A refrigeration system (703/704; 801/804), heat exchangers in the tank, a closed heat transfer loop and a cold end heat exchanger (801). Soren discloses the presence of: a refrigeration cycle, a cold heat exchanger (801), two heat transfer loops connected thereto and demonstrates that the structure is inherently capable of removing heat from the reservoir, i.e., cooling it. The fact that Soren describes heating a medium in one embodiment does not structurally limit the apparatus to heating only. A vapor-compression refrigeration system is reversible in thermal function depending on operating conditions. Thus, Soren discloses the structural components of a cooling device, even if described in the context of heating.
Furthermore, modification with Proctor even assuming arguendo that Soren emphasizes heating, Proctor explicitly teaches: a refrigeration cycle comprising: compressor, cooler (condenser), expander, evaporator and cooling of a liquefied gas reservoir. Therefore, the combination results in a conventional vapor-compression refrigeration cycle capable of cooling a reservoir. The modification does not change the basic structure of Soren, but merely substitutes a known refrigeration cycle configuration as taught by Proctor. Providing a conventional vapor compression loop in Soren would have been an obvious design choice to ensure predictable and reliable thermal control. Applicant’s attempt to characterize Soren as exclusively a “heating system” improperly focuses on disclosed use rather than structural capability.
Applicant's arguments (Remark page 6) regarding “Member for Circulating the First Heat Transfer Fluid” wherein applicant argues that Soren discloses a thermosyphon system and therefore lacks a “member for circulating.” Applicant argued the claim requires, among other things, "a member for circulating the first heat transfer fluid". Soren '840 describes a thermosyphon system, wherein, referring to element 306, "heating medium is evaporated, which causes it to rise upwards and flow through the input valve 307" (page 8, line 15-16), then after heating the gas, "the condensed heating medium flows downward in the pipe 304 under the effect of Earth's gravity" (page 8, line 19-20). Soren '840 fails to disclose this circulating member.
In response, this argument is also not persuasive. Soren expressly discloses a pump, Soren explicitly states (page 9, lines 11–12): “a circulation pump may be used to ensure sufficient flow of the heating medium.” A pump is indisputably a member for circulating fluid. The claim does not require: continuous operation, mandatory forced circulation, or exclusion of gravity-driven flow. The claim merely requires the presence of a member for circulating the fluid, and Soren expressly discloses such a member.
Furthermore, optional element still anticipates in apparatus context even if the pump is described as optional, an apparatus disclosure that includes an optional structural element still teaches that element for purposes of §103. The prior art need not require use of the element — it need only disclose it. Thus, Soren teaches a circulating member.
The arguments provide no structural distinction identified. Applicant’s arguments focus on: intended use (heating vs cooling) and operational mode (thermosyphon vs pump-driven). However, Applicant has not identified: any structural limitation absent from the combined teachings, any physical component missing from Soren as modified by Proctor and/or any claimed configuration structurally excluded by the combination. The rejection is based on structural correspondence, not intended function. Therefore, the arguments are not persuasive.
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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/W.M/Examiner, Art Unit 3763
/FRANTZ F JULES/Supervisory Patent Examiner, Art Unit 3763