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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the "wherein at least one heat exchange zone comprise a pump positioned at a top portion of the first chamber and the at least one other chamber, the pump configured to transfer vapor from the second chamber to exchange heat with boil-off gas in the first chamber must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 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.
Claims 1-7, 10-19, 23-25 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.
Claim 1 recites “wherein at least one heat exchange zone comprise a pump positioned at a top portion of the first chamber and the at least one other chamber, the pump configured to transfer vapor from the second chamber to exchange heat with boil-off gas in the first chamber” which is not supported by the specification and as such is considered new matter. The specification references the use of a pump in paragraph 21 where it states “an active mechanism, such as a pump, may be used to facilitate heat exchange, where the cryogenic sacrificial fluid (e.g., LIN) is pumped to exchange heat with the BOG and re-liquefy the gas” and in paragraph 38 where it is stated “heat exchange zone: an area, optionally with systems and/or devices, for example, at least one pipe, at least one pump”. None of this provides support for the limitations as claimed including the specific location of the pump, how the pump transfer fluid, or that the pump transfers a vapor. The general heat exchange zone shown in Figure 2A (203) only provides support for a showing of how a pipe would be present Figure 2B only shows a wall.
Claims 2-7, 10-19, 23-25 are rejected as being dependent upon a rejected claim.
Response to Arguments
Applicant's arguments filed 11/4/2025 have been fully considered but they are not persuasive.
Applicant argues that paragraphs 24 and 25 and Figures 2A and 2B have support for the amended limitations. This is not persuasive.
The specification references the use of a pump in paragraph 21 where it states “an active mechanism, such as a pump, may be used to facilitate heat exchange, where the cryogenic sacrificial fluid (e.g., LIN) is pumped to exchange heat with the BOG and re-liquefy the gas” and in paragraph 38 where it is stated “heat exchange zone: an area, optionally with systems and/or devices, for example, at least one pipe, at least one pump”. None of this provides support for the limitations as claimed including the specific location of the pump, how the pump transfer fluid, or that the pump transfers a vapor. The general heat exchange zone shown in Figure 2A (203) only provides support for a showing of how a pipe would be present Figure 2B only shows a wall. The support the specification appears to have been that the heat exchange zone has a pump, but there is no showing of the presence of such a pump or how it would be configured or located.
Applicant’s remaining arguments are moot as while the limitations are not supported in the specification, they appear to not be shown in the prior art and as such the claims are not considered allowable a this time.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN M KING whose telephone number is (571)272-2816. The examiner can normally be reached Monday - Friday, 0800-1700.
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) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Frantz Jules can be reached at 5712726681. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRIAN M KING/Primary Examiner, Art Unit 3763
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