Prosecution Insights
Last updated: April 19, 2026
Application No. 18/007,986

VACUUM PANEL

Non-Final OA §103
Filed
Dec 02, 2022
Examiner
MOORE, DEVON TYLEN
Art Unit
3763
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Cryovac AS
OA Round
3 (Non-Final)
47%
Grant Probability
Moderate
3-4
OA Rounds
2y 11m
To Grant
76%
With Interview

Examiner Intelligence

Grants 47% of resolved cases
47%
Career Allow Rate
70 granted / 150 resolved
-23.3% vs TC avg
Strong +29% interview lift
Without
With
+28.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
88 currently pending
Career history
238
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
54.9%
+14.9% vs TC avg
§102
11.4%
-28.6% vs TC avg
§112
31.8%
-8.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 150 resolved cases

Office Action

§103
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 . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on November 28th, 2025 has been entered. Response to Arguments Applicant’s arguments, see Pg. 8-9, filed November 28th, 2025, with respect to the rejections of claim 1 under 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground of rejection is made in view of C. A. Burke et al. (US Patent No. 3,374,639). 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. Claims 1-2, 6-7, 9-10, 12-14, 22, and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Dujarric (US Patent No. 6,178,754), hereinafter Dujarric in view of Helf et al. (US Patent No. 3,931,424), hereinafter Helf, Chung et al. (US 20200277781), hereinafter Chung, and C. A. Burke et al. (US Patent No. 3,374,639), hereinafter Burke. Regarding claim 1, Dujarric discloses a modular insulation arrangement comprising one or more tessellating insulation units (Fig. 3; panel 12), each of the insulation units comprising a first inwardly facing layer and a second outwardly facing layer spaced from the first inwardly facing layer (Fig. 4, inner skin 6, outer skin 4), the first inwardly facing layer and the second outwardly facing layers defining a space therebetween and one or more spacing members extending between the first inwardly facing and the second outwardly facing layers (Fig. 4, cavity 7, thermally insulative structure 8, partitions 16), and wherein surfaces defining the first inwardly facing layer, the second outwardly facing layer and an outer perimeter extending around the insulation unit are air impermeable surfaces (Fig. 4, edges 20-23; Col. 2, lines 25-30, The cavity 7 is empty of any gas and contains at least one sensor 10 adapted to verify continuously that the vacuum is maintained so as to monitor the structural integrity of the outer skin 4 and the inner skin 6 of the wall 2 and the sealing), wherein the air impermeable surface defining the outer perimeter of the insulation unit is formed of a first portion coupled to the first inwardly facing layer and a second portion coupled to the second outwardly facing layer (Fig. 4 depicts the outer perimeter to include a first portion defined by edges 23 and 21 coupled to inner skin 6 and a second portion defined by edges 20 and 22 coupled to outer skin 4). However, Dujarric does not disclose further comprising a thermal isolator coupled to the first and second portions, wherein the thermal isolator is triangular in cross-section such that the thermal isolator is arranged to be biased into a gap between the first and second portions of the outer perimeter by atmospheric pressure acting on the outer perimeter as the internal volume is evacuated of air. Helf teaches a thermal isolator coupled between two sections of a modular insulation panel, wherein the thermal isolator is triangular in cross-section such that the thermal isolator is arranged to be biased into a gap between the first and second portions of the outer perimeter by atmospheric pressure acting on the outer perimeter as the internal volume is evacuated of air (Fig. 16, foam block 131a, foam block 132a, barrier strip 133a; Col. 11, lines 22-56, Nevertheless, for purposes of optimum stress conditions, we prefer other shapes of the barrier strip 33a and, concomitantly, of the mating rabbets formed in the blocks 31a and 32a of the inner layer of insulation. For example, the barrier strip may have its outer and upper corner chamfered, assuming a trapezoidal shape or a triangular shape. As indicated at 133a, FIG. 16, a triangular barrier strip mates with corresponding triangular cuts, indicated at 134a and 134b, in the lower outside edges of adjoining foam blocks 131a and 132a of the inner layer of insulation. The barrier strip 133a, as in the embodiment of FIG. 4, is bonded on all its surfaces to the foam blocks 131a and 132a and to the membrane 128a. As previously described, abutting edge surfaces of foam blocks 131a and 132a are not bonded to each other but are free to move with temperature-induced contraction. The triangular configuration of FIG. 16 is not optimum (from the standpoint of stress relief at this part of the structure) but rather, it is a compromise with an optimum exponentially, circularly or hyperbolically curved configuration, such as illustrated in the modification of FIG. 17. In this modification, individual blocks are formed with the lower edges contoured so that a plurality of curved grooves or depressions 234, 236 and 238 is formed in a grid pattern when the blocks are placed next to one another. These depressions take the form of the nearly triangular (in cross section) recesses formed by the pair of mating triangular chambers or recesses 134a and 134b of the arrangement of FIG. 16, except that the sides of these recesses are curved, circularly, exponentially or hyperbolically, as indicated in the drawing. Such curvature may be more precisely calculated or empirically determined for optimum stress relief at this point of the assembly). Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the arrangement of Dujarric of claim 1 provide a thermal isolator with a triangular cross section as taught by Helf. One of ordinary skill in the art would have been motivated to make this modification to provide additional insulation in the thermal path provided by the joint between adjacent units (Helf, Col. 9, lines 63-65). However, Dujarric as modified does not explicitly disclose wherein the thermal isolator has a lower thermal conductivity coefficient than the first or second portions. Chung teaches wherein the thermal isolator has a lower thermal conductivity coefficient than the first or second portions (Fig. 3A, upper connecting portion 132, lower connecting portion 131, non-metal layer 133; Pg. 8, paragraph 168, shown in FIG. 3A, the connecting portion 130 may include: a lower connecting portion 131 formed of a metallic material; an upper connecting portion 132 formed of a metallic material; and a non-metal layer 133, for example, a non-foaming polymer, interposed in the same shape as the lower connecting portion 131 and the upper connecting portion 132, as an intermediate connecting portion between the lower connecting portion 131 and the upper connecting portion 132 to bond (attach) the lower connecting portion 131 to the upper connecting portion 132. As such, the connecting portion 130 may be composed of a combination of the metal layer and the non-metal layer). Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the thermal isolator of the arrangement of Dujarric as modified to have a lower thermal conductivity coefficient than the first or second portions. One of ordinary skill in the art would have been motivated to make this modification to minimize or prevent a thermal bridge by improving the structure of the connection part of the heat-insulating structural material (Chung, Abstract). Further, Dujarric as modified does not disclose wherein the first inwardly facing layer and second outwardly facing layer comprise a series of corrugations arranged across and along the length of each layer, wherein end portions of the outer perimeter have profiles that are complementary to the corrugations. Burke teaches wherein the first inwardly facing layer and second outwardly facing layer comprise a series of corrugations arranged across and along the length of each layer, wherein end portions of the outer perimeter have profiles that are complementary to the corrugations (Fig. 1, tanks 12; Fig. 5, inner wall 20, outer wall 22, insulation 32, insulation blocks 34; Col. 2, lines 48-59, It is also preferred, but not essential for the present invention, that walls 20 and 22 be corrugated with the mutually facing corrugations aligned. The corrugations for the side walls of the tank extend vertically and the corrugations for the top and bottom of the inner and outer tanks extend athwart ship. In order to reduce heat transfer through the tank walls, thermal insulation 32 blankets the entire outer tank wall 22. The insulation 32 includes a plurality of insulation blocks 34 with profiles shaped such that the blocks 34 fit flush within the spaces defined by the corrugations of outer wall 22). Dujarric as modified fails to teach wherein the first inwardly facing layer and second outwardly facing layer comprise a series of corrugations arranged across and along the length of each layer, wherein end portions of the outer perimeter have profiles that are complementary to the corrugations, however Burke teaches that it is a known method in the art of cryogenic tanks to include wherein the first inwardly facing layer and second outwardly facing layer comprise a series of corrugations arranged across and along the length of each layer, wherein end portions of the outer perimeter have profiles that are complementary to the corrugations. This is strong evidence that modifying Dujarric as modified as claimed would produce predictable results (i.e. to provide an improved strength-to-weight ratio to increase overall tank durability). Accordingly, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Dujarric as modified by Burke and arrive at the claimed invention since all claimed elements were known in the art and one having ordinary skill in the art could have combined the elements as claimed by known methods with no changes in their respective functions and the combination would have yielded the predictable result of to provide an improved strength-to-weight ratio to increase overall tank durability. Regarding claim 2, Dujarric as modified discloses the arrangement as claimed in claim 1 (see the combination of references used in the rejection of claim 1 above), wherein the space between the first inwardly facing layer and the second outwardly facing layer and the surface defining the outer perimeter of the insulation unit defines an internal volume to the insulation unit and wherein the spacing members are arranged in use to resist atmospheric pressure acting on the surfaces when the internal volume is evacuated of air (Dujarric, Fig. 4, cavity 7; Col. 2, lines 25-30 and 33-43, The cavity 7 is empty of any gas and contains at least one sensor 10 adapted to verify continuously that the vacuum is maintained so as to monitor the structural integrity of the outer skin 4 and the inner skin 6 of the wall 2 and the sealing…FIG. 3 shows that each panel 12 is constructed by assembling an outer skin 4 and an inner skin 6 enclosing an evacuated cavity 7 containing a thermally insulative structure 8 and a sensor 10 for continuously verifying that the vacuum is maintained in the evacuated cavity 7 in order to monitor the integrity of the outer skin 4 and the inner skin 6 and the sealing of the cryogenic tank. FIGS. 1 and 3 show that the insulative structure 8 is a honeycomb structure whose partitions 16 are either permeable or perforated with one or more holes 18 to allow the gas to pass from one cell 14 to another in the event of a leak). Regarding claim 6, Dujarric as modified discloses the arrangement as claimed in claim 1 (see the combination of references used in the rejection of claim 1 above), wherein the one or more spacing members are in the form of a plurality of columns extending between the first inwardly facing layer and second outwardly facing layer (Dujarric, Fig. 1, thermally insulative structure 8, partitions 16; Col. 2, lines 21-24, FIGS. 1 and 2 show part of a wall 2 for a structural cryogenic tank having an outer skin 4 and an inner skin 6 forming a sandwich structure enclosing a cavity 7 containing a thermally insulative structure 8). Regarding claim 7, Dujarric as modified discloses the arrangement as claimed in claim 6 (see the combination of references used in the rejection of claim 6 above), wherein each of the plurality of columns comprises an aperture allowing air to enter and leave the volume within the column (Dujarric, Fig. 1, holes 18; Col. 2, lines 40-43, FIGS. 1 and 3 show that the insulative structure 8 is a honeycomb structure whose partitions 16 are either permeable or perforated with one or more holes 18 to allow the gas to pass from one cell 14 to another in the event of a leak). Regarding claim 9, Dujarric as modified discloses the arrangement as claimed in claim 1 (see the combination of references used in the rejection of claim 1 above). However, Dujarric as modified does not disclose wherein the one or more spacing members comprise a first portion extending from a first surface and a second portion extending from a second surface and an intermediate portion connecting the first portion to the second portion of a spacing member of the one or more spacing members. Chung teaches wherein the one or more spacing members comprise a first portion extending from a first surface and a second portion extending from a second surface and an intermediate portion connecting the first portion to the second portion of a spacing member of the one or more spacing members (Fig. 6, spacer S1, spacer S2, intermediate layer 50; Pg. 9, paragraph 179-180, According to this embodiment, the intermediate layer may include at least one selected from the group of an aerogel heat insulator and slim organic and inorganic heat insulators instead of the vacuum heat insulator, and may also include an amorphous heat insulator (gas, liquid, or gel type heat insulator), which is difficult to use in the art. The vacuum heat insulator may have a thermal conductivity (W/m·K, at 20° C.) of about 0.0045 or less. The aerogel heat insulator may include Aspen aerogels, Thermablock, and the like, and may have a thermal conductivity (W/m·K, at 20° C.) of about 0.015 or less. The vacuum heat insulator includes a core, an outer cover surrounding the core in a vacuum, and a metal foil interposed between the core and the outer cover and formed of aluminum. The structure of the vacuum heat insulator is well known in the art and detailed description thereof will be omitted). Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the one or more spacing members of the arrangement of Dujarric as modified to include a first portion extending from the first surface and a second portion extending from the second surface and an intermediate portion connecting the first portion to the second portion of the spacing member as taught by Chung. One of ordinary skill in the art would have been motivated to make this modification to block ultra-low temperature thereby effectively preventing ultra-low temperature brittle fracture (Pg. 9, paragraph 178). Regarding claim 10, Dujarric as modified discloses the arrangement as claimed in claim 9 (see the combination of references used in the rejection of claim 9 above), wherein the intermediate portion has a lower thermal conductivity coefficient than the first or second portions (Chung, Pg. 9, paragraph 179-181, According to this embodiment, the intermediate layer may include at least one selected from the group of an aerogel heat insulator and slim organic and inorganic heat insulators instead of the vacuum heat insulator, and may also include an amorphous heat insulator (gas, liquid, or gel type heat insulator), which is difficult to use in the art. The vacuum heat insulator may have a thermal conductivity (W/m·K, at 20° C.) of about 0.0045 or less. The aerogel heat insulator may include Aspen aerogels, Thermablock, and the like, and may have a thermal conductivity (W/m·K, at 20° C.) of about 0.015 or less. The vacuum heat insulator includes a core, an outer cover surrounding the core in a vacuum, and a metal foil interposed between the core and the outer cover and formed of aluminum. The structure of the vacuum heat insulator is well known in the art and detailed description thereof will be omitted). Further, the limitations of claim 10 are the result of the modification of references used in the rejection of claim 9 above. Regarding claim 12, Dujarric as modified discloses the arrangement as claimed in claim 1 (see the combination of references used in the rejection of claim 1 above), wherein the outer perimeter of each of the insulation units comprises a connection surface for abutment with the adjacent insulation unit, wherein the connection surface provides a continuous contact between adjacent insulation units along the connection surface when adjacent insulating units are brought together (Dujarric, Col. 2, lines 44-49, In a first method of assembling the wall 2, illustrated by FIG. 4, the respective edges 20, 21 and 22, 23 of the outer skins 4 and the inner skins 6 of two adjacent panels 12 project slightly beyond their respective lateral walls 25 and are mechanically joined by fixing means 26 comprising a bolt 27 and a nut 28, for example). Regarding claim 13, Dujarric as modified discloses the arrangement as claimed in claim 12 (see the combination of references used in the rejection of claim 12 above), wherein the connection surface is in the form of a radially extending rim extending from the outer perimeter of the insulation unit (Dujarric, Fig. 4 of Dujarric depicts the connections surfaces of the edges 20-23 to in the form of a radially extending rim extending from the outer perimeter of the insulating unit; Col. 2, lines 44-49, In a first method of assembling the wall 2, illustrated by FIG. 4, the respective edges 20, 21 and 22, 23 of the outer skins 4 and the inner skins 6 of two adjacent panels 12 project slightly beyond their respective lateral walls 25 and are mechanically joined by fixing means 26 comprising a bolt 27 and a nut 28, for example). Regarding claim 14, Dujarric as modified discloses the arrangement as claimed in claim 13 see the combination of references used in the rejection of claim 12 above), wherein each of the insulation units comprises a first radially extending rim on an inwardly facing surface of the insulation unit and a second radially extending rim on an outwardly facing surface of the insulation unit (Fig. 4 of Dujarric depicts inner skin 6 comprising a first radially extending rim defined by edges 21 and 23 and outer skin 4 comprising a second radially extending rim defined by edges 20 and 22). Regarding claim 22, Dujarric as modified discloses a cryogenic containment tank comprising an outer insulation layer formed of the modular insulation arrangement as claimed in claim 1 (see the combination of references used in the rejection of claim 1 above; Dujarric, Fig. 1; Col. 2, lines 22-25, FIGS. 1 and 2 show part of a wall 2 for a structural cryogenic tank having an outer skin 4 and an inner skin 6 forming a sandwich structure enclosing a cavity 7 containing a thermally insulative structure 8). Regarding claim 24, Dujarric as modified discloses a method of insulating a cryogenic containment tank comprising the modular insulation arrangement as claimed claim 1 (see the combination of references used in the rejection of claim 1 above), the method comprising the step of evacuating the internal volume within the one or more tessellating insulation units to form a vacuum within the internal volume (Dujarric, Col. 2, lines 21-30, FIGS. 1 and 2 show part of a wall 2 for a structural cryogenic tank having an outer skin 4 and an inner skin 6 forming a sandwich structure enclosing a cavity 7 containing a thermally insulative structure 8. The cavity 7 is empty of any gas and contains at least one sensor 10 adapted to verify continuously that the vacuum is maintained so as to monitor the structural integrity of the outer skin 4 and the inner skin 6 of the wall 2 and the sealing of the cryogenic tank). Claims 3, 18-20, and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Dujarric as modified by Helf, Chung, and Burke as applied to claim 2 above, and further in view of Becker (US Patent No. 3,990,202), hereinafter Becker. Regarding claim 3, Dujarric as modified discloses the arrangement as claimed in claim 2 (see the combination of references used in the rejection of claim 2 above). However, Dujarric as modified does not disclose wherein the insulation unit comprises a valve in fluid communication with the internal volume, the valve arranged in use to allow air to be evacuated from the internal volume. Becker teaches wherein the insulation unit comprises a valve in fluid communication with the internal volume, the valve arranged in use to allow air to be evacuated from the internal volume (Col. 7, lines 25-33, Pipe 75 may also be used for evacuating the cavity between the sheet metal panels. For this purpose said pipe 75 is connected with a vacuum pump (not shown) and a valve (also not shown) is interposed between vacuum pump and wall unit. After evacuating the cavity of the wall unit, the valve is closed and the pipe leading to the pump as well as the pump are removed. They can be attached again for subsequent evacuation if the need arises). Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the arrangement of Dujarric as modified to include a valve in fluid communication with the internal volume, the valve arranged in use to allow air to be evacuated from the internal volume as taught by Becker. One of ordinary skill in the art would have been motivated to make this modification because the insulation can be increased by evacuation of the cavity between the sheet metal panels (Becker, Col. 7, lines 10-11). Regarding claim 18, Dujarric as modified discloses an insulation system comprising a plurality of modular insulation arrangements as claimed in claim 1 (see the rejection of claim 1 above). However, Dujarric as modified does not disclose wherein multiple modular insulation arrangements of the plurality of modular insulation arrangements are in gaseous communication with one another such that evacuation of one modular insulation arrangement of the plurality of modular insulation arrangements causes air to be drawn from other insulation arrangements. Becker teaches wherein multiple modular insulation arrangements of the plurality of modular insulation arrangements are in gaseous communication with one another such that evacuation of one modular insulation arrangement of the plurality of modular insulation arrangements causes air to be drawn from other insulation arrangements (Col. 7, lines 11-15, For this purpose, the individual wall units may be provided with valves and/or all wall units may be connected through a pipe with a common evacuating installation (not shown)). Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the arrangement of Dujarric as modified wherein multiple modular insulating arrangements are in gaseous communication with one another such that evacuation of one insulation arrangement causes air to be drawn from other insulation arrangements as taught by Becker. One of ordinary skill in the art would have been motivated to make this modification because the insulation can be increased by evacuation of the cavity between the sheet metal panels (Becker, Col. 7, lines 10-11). Regarding claim 19, Dujarric as modified discloses the insulation system as claimed in claim 18 (see the combination of references used in the rejection of claim 18 above). Dujarric as modified discloses bolting adjected modular insulation arrangements of the plurality of modular insulation arrangements together along a perimeter of each of the modular insulation arrangements (Dujarric, Col. 2, lines 44-49, In a first method of assembling the wall 2, illustrated by FIG. 4, the respective edges 20, 21 and 22, 23 of the outer skins 4 and the inner skins 6 of two adjacent panels 12 project slightly beyond their respective lateral walls 25 and are mechanically joined by fixing means 26 comprising a bolt 27 and a nut 28, for example). However, Dujarric as modified does not disclose wherein adjacent modular insulation arrangements are welded together along a perimeter of each insulation arrangement. Chung teaches wherein adjacent modular insulation arrangements are welded together along a perimeter of each insulation arrangement (Pg. 10, paragraph 197, The lower connecting portion 131 and the upper connecting portion 132 of the connecting portion 130 may be secured to the lower plate 10 and the upper plate 20 by welding or bolt fastening, respectively). 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 insulation system of Dujarric as modified to substitute the fastening means of bolting adjacent modular insulation arrangements together disclosed in Dujarric as modified for Chung’s welding of the adjacent modular insulation arrangements together for the predictable result of connecting adjected modular insulation arrangements together. Regarding claim 20, Dujarric as modified discloses the insulation system as claimed in claim 18 (see the combination of references used in the rejection of claim 18 above). However, Dujarric as modified does not disclose further comprising one or more air pumps in gaseous communication with one or more modular insulation arrangements of the multiple modular insulation arrangements and arranged in use to draw air from the one or more insulation arrangements of the multiple modular insulation arrangements. Becker teaches further one or more air pumps in gaseous communication with one or more modular insulation arrangements of the multiple modular insulation arrangements and arranged in use to draw air from the one or more insulation arrangements of the multiple modular insulation arrangements (Col. 7, lines 25-33, Pipe 75 may also be used for evacuating the cavity between the sheet metal panels. For this purpose said pipe 75 is connected with a vacuum pump (not shown) and a valve (also not shown) is interposed between vacuum pump and wall unit. After evacuating the cavity of the wall unit, the valve is closed and the pipe leading to the pump as well as the pump are removed. They can be attached again for subsequent evacuation if the need arises). Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the insulation system of Dujarric as modified to include one or more air pumps in gaseous communication with one or more insulation arrangements and arranged in use to draw air from the one or more insulation arrangements as taught by Becker. One of ordinary skill in the art would have been motivated to make this modification because the insulation can be increased by evacuation of the cavity between the sheet metal panels (Becker, Col. 7, lines 10-11). Regarding claim 25, Dujarric as modified discloses the method as claimed in claim 24 (see the combination of references used in the rejection of claim 24 above), wherein the vacuum is intermittently measured (Dujarric, Col. 2, lines 25-30, The cavity 7 is empty of any gas and contains at least one sensor 10 adapted to verify continuously that the vacuum is maintained so as to monitor the structural integrity of the outer skin 4 and the inner skin 6 of the wall 2 and the sealing). However, Dujarric as modified does not disclose further evacuation is carried out to maintain the vacuum. Becker teaches further evacuation is carried out to maintain the vacuum (Col. 7, lines 25-33, Pipe 75 may also be used for evacuating the cavity between the sheet metal panels. For this purpose said pipe 75 is connected with a vacuum pump (not shown) and a valve (also not shown) is interposed between vacuum pump and wall unit. After evacuating the cavity of the wall unit, the valve is closed and the pipe leading to the pump as well as the pump are removed. They can be attached again for subsequent evacuation if the need arises). Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the method of Dujarric as modified to include the step or limitation of further evacuation is carried out to maintain the vacuum as taught by Becker. One of ordinary skill in the art would have been motivated to make this modification because the insulation can be increased by evacuation of the cavity between the sheet metal panels (Becker, Col. 7, lines 10-11). Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Dujarric as modified by Helf, Chung, and Burke as applied to claim 1 above, and further in view of Kim et al. (WO 2013169076), hereinafter Kim. Regarding claim 8, Dujarric as modified discloses the arrangement as claimed in claim 1 (see the combination of references used in the rejection of claim 1 above). However, Dujarric as modified does not disclose wherein the one or more spacing members comprise a material selected from the group consisting of wood, plywood, wood composites, bamboo, cardboard, polyurethane, PEEK, PTFEE and stainless-steel. Kim teaches wherein the one or more spacing members comprise a material selected from the group consisting of wood, plywood, wood composites, bamboo, cardboard, polyurethane, PEEK, PTFEE and stainless-steel (Fig. 8, vertical member 131; Pg. 15, paragraph 150,The cover plate, the horizontal member, the vertical member , the reinforcing member, etc. of the configuration according to the present invention may be composed of various kinds of materials such as metals, composite materials, wood , steel, and the connection and barrier between these members). Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the one or more spacing members of the arrangement of Dujarric as modified to members comprise a material selected from metals, composite materials, wood, or steel as taught by Kim. One of ordinary skill in the art would have been motivated to make this modification in order to reduce manufacturing costs (Kim, Pg. 6, paragraph 56-59). Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Dujarric as modified by Helf, Chung, and Burke as applied to claim 9 above, and further in view of Lee et al. (KR 20100064564), hereinafter Lee. Regarding claim 11, Dujarric as modified discloses the arrangement as claimed in claim 9 (see the combination of references used in the rejection of claim 9 above), wherein the intermediate portion is formed from a material selected from the group consisting of aluminum, aluminum alloy, stainless-steel, rubber, POM, PTFE and PEEK (Chung, Pg. 9, paragraph 179-180, According to this embodiment, the intermediate layer may include at least one selected from the group of an aerogel heat insulator and slim organic and inorganic heat insulators instead of the vacuum heat insulator, and may also include an amorphous heat insulator (gas, liquid, or gel type heat insulator), which is difficult to use in the art. The vacuum heat insulator may have a thermal conductivity (W/m·K, at 20° C.) of about 0.0045 or less. The aerogel heat insulator may include Aspen aerogels, Thermablock, and the like, and may have a thermal conductivity (W/m·K, at 20° C.) of about 0.015 or less. The vacuum heat insulator includes a core, an outer cover surrounding the core in a vacuum, and a metal foil interposed between the core and the outer cover and formed of aluminum. The structure of the vacuum heat insulator is well known in the art and detailed description thereof will be omitted). However, Dujarric as modified does not disclose wherein the first portion and second portion of one or more spacing members are formed of aluminum or an alloy of aluminum. Lee teaches wherein the one or more spacing members are formed of aluminum or an alloy of aluminum (Fig. 5, honeycomb plate 22; Pg. 5, paragraph 32, the honeycomb plate 22 made of aluminum having a hexagonal honeycomb structure, to achieve both the required strength and light weight). Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the first and second portions of the one or more spacing members of the arrangement of Dujarric as modified to be formed of aluminum as taught by Lee. One of ordinary skill in the art would have been motivated to make this modification to achieve both the required strength and light weight (Lee, Pg. 5, paragraph 32). Claims 15-17 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Dujarric as modified by Helf, Chung, and Burke as applied to claim 9 above, and further in view of Foss et al. (US 20180050765), hereinafter Foss. Regarding claim 15, Dujarric as modified discloses the arrangement as claimed in claim 1 (see the combination of references used in the rejection of claim 1 above). However, Dujarric as modified does not disclose wherein the insulation units have a shape selected from the group consisting of triangle, square, rectangular, hexagonal and tessellating polygon. Foss teaches wherein the insulation units have a shape selected from the group consisting of triangle, square, rectangular, hexagonal and tessellating polygon (Fig. 2A-2C; Pg. 3, paragraph 74, FIGS. 2A to 2C show different layout of installed panels on the hull surface. For example in FIG. 2A hexagonal panels may be used. In FIG. 2B triangles and in FIG. 2C irregular pentagons. These are just examples. It will be appreciated that of importance is the fact that the shapes tessellate to cover the hull's surface). Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the insulation units of the arrangement of Dujarric as modified wherein the insulation units have a shape selected from the group consisting of triangle, square, rectangular, hexagonal and tessellating polygon as taught by Foss. One of ordinary skill in the art would have been motivated to make this modification to allow for the panels to tessellate to cover the hull’s surface (Foss, Pg. 3, paragraph 74). Regarding claim 16, Dujarric as modified discloses the arrangement as claimed in claim 15 (see the combination of references used in the rejection of claim 15 above), wherein the insulation units are hexagonal (Foss, Fig. 2A-2C; Pg. 3, paragraph 74, FIGS. 2A to 2C show different layout of installed panels on the hull surface. For example in FIG. 2A hexagonal panels may be used. In FIG. 2B triangles and in FIG. 2C irregular pentagons. These are just examples. It will be appreciated that of importance is the fact that the shapes tessellate to cover the hull's surface), and the one or more spacing members are hexagonal in cross-section (Dujarric, Col. 2, lines 40-43, FIGS. 1 and 3 show that the insulative structure 8 is a honeycomb structure whose partitions 16 are either permeable or perforated with one or more holes 18 to allow the gas to pass from one cell 14 to another in the event of a leak). Further, the limitations of claim 16 are the result of the modification of references used in the rejection of claim 15 above. Regarding claim 17, Dujarric as modified discloses the arrangement as claimed in claim 16 (see the combination of references used in the rejection of claim 16 above), wherein the one or more spacing members are in the form of a single matrix of hexagonal columns (Dujarric, Col. 2, lines 40-43, FIGS. 1 and 3 show that the insulative structure 8 is a honeycomb structure whose partitions 16 are either permeable or perforated with one or more holes 18 to allow the gas to pass from one cell 14 to another in the event of a leak; Further, Fig. 1 of Dujarric depicts the partitions 16 to be in the form of a single matrix of hexagonal columns). Regarding claim 23, Dujarric as modified discloses the cryogenic containment tank as claimed in claim 22 (see the combination of references used in the rejection of claim 22 above). However, Dujarric as modified does not disclose an ocean-going ship comprising the cryogenic containment tank. Foss teaches an ocean-going ship comprising a cryogenic containment tank (Fig. 1B, primary barrier 2, hull 1; Abstract, the invention relates to an insulation arrangement for a liquefied gas carrying ship wherein the ship has a primary barrier for containing a liquefied gas and a hull, and where the hull is spaced from said primary barrier to define a void between the hull and primary barrier. The hull is insulated with an insulation layer, said layer comprising a plurality of individual tessellating insulation panels). Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the cryogenic containment tank of Dujarric as modified to be used in an ocean-going ship as taught by Foss. One of ordinary skill in the art would have been motivated to make this modification to allow cryogenic transport ships to be constructed at vastly reduced costs whilst maintaining very high safety standards (Foss, Pg. 1, paragraph 6). Claims 29-30 are rejected under 35 U.S.C. 103 as being unpatentable over Dujarric as modified by Helf, Chung, and Burke as applied to claim 1 above, and further in view of Niemi (US 20140166675), hereinafter Niemi. Regarding claim 29, Dujarric as modified discloses the one or more tessellating insulation units as claimed in claim 1 (see the combination of references used in the rejection of claim 1 above). However, Dujarric as modified does not disclose a shipping insulation system comprising one or more insulation units arranged against or proximate to a cargo containing tank of a ship and defining a primary insulation layer, the system comprising a second insulation layer, spaced from the primary insulation layer, and defining a space between the primary insulation layer and the secondary insulation layer. Niemi teaches one or more insulation units arranged against or proximate to a cargo containing tank of a ship and defining a primary insulation layer, the system comprising a second insulation layer, spaced from the primary insulation layer, and defining a space between the primary insulation layer and the secondary insulation layer (Fig. 4 of Niemi depicts inner vacuum layer 110’ arranged against or proximate to spherical object 100, which can be carried on bare 140 (see Fig. 9A), and disposed spaced apart from outer vacuum layer 120’). Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the one or more insulation units of Dujarric as modified to be arranged in a shipping insulation system as taught by Niemi. One of ordinary skill in the art would have been motivated to make this modification to save insulation material and provide fast and simple fixing of the insulation components (Niemi, Pg. 1, paragraph 5). Regarding claim 30, Dujarric as modified discloses the shipping insulation system as claimed in claim 29 (see the combination of references used in the rejection of claim 29 above), wherein the second insulation layer comprises a plurality of the insulation units or a polyurethane layer (Niemi, Fig. 4, outer vacuum layer 120’; Pg. 3, paragraph 43, The vacuum components also include second vacuum components 120, 120a, which are shown in FIGS. 3E, 3F, 3G and 3H. They form an outer vacuum layer 120’ (which can be seen in FIGS. 4 and 6A)). Further, the limitations of claim 30 are the result of the modification of references used in the rejection of claim 29 above. Claim 31 is rejected under 35 U.S.C. 103 as being unpatentable over Dujarric as modified by Helf, Chung, Burke and Niemi as applied to claim 29 above, and further in view of Lewis (US Statutory Invention Registration H 000,080), hereinafter Lewis. Regarding claim 31, Dujarric as modified discloses the shipping insulation system as claimed in claim 29 (see the combination of references used in the rejection of claim 29 above). However, Dujarric as modified does not disclose wherein a gap between the one or more insulation units and the cargo containing tank of the ship comprises an atmosphere selected from the group consisting of helium gas, hydrogen gas and a vacuum. Lewis teaches wherein a gap between the one or more insulation units and the cargo containing tank of the ship comprises an atmosphere selected from the group consisting of helium gas, hydrogen gas and a vacuum (Fig. 1, space 24; Col. 3-4, lines 65-68 and 1-3, Surrounding shell 17 is a third container comprising a thin metallic shell 23 configured to define a space 24 therebetween for containing a primary insulative layer in the form of a vacuum or cryogenic coolant 25… space 24 may preferably be filled with a cryogenic coolant 25 such as liquid nitrogen, liquid helium, liquid argon, or like cryogens). Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the shipping insulation system of Dujarric as modified disclose wherein a gap between the one or more insulation units and the cargo containing tank of the ship comprises an atmosphere selected from the group consisting of helium gas, hydrogen gas and a vacuum as taught by Lewis. One of ordinary skill in the art would have been motivated to make this modification to improve the overall efficiencies of the system by decreasing thermal losses. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEVON T MOORE whose telephone number is 571-272-6555. The examiner can normally be reached M-F, 7:30-5. 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 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 published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /DEVON MOORE/Examiner, Art Unit 3763 December 03rd, 2025 /FRANTZ F JULES/Supervisory Patent Examiner, Art Unit 3763
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Prosecution Timeline

Dec 02, 2022
Application Filed
May 04, 2025
Non-Final Rejection — §103
Aug 01, 2025
Response Filed
Aug 25, 2025
Final Rejection — §103
Nov 28, 2025
Request for Continued Examination
Dec 01, 2025
Response after Non-Final Action
Jan 05, 2026
Non-Final Rejection — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
47%
Grant Probability
76%
With Interview (+28.9%)
2y 11m
Median Time to Grant
High
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