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 Status
Claims 1-5, 7, 9-15 and 43-45 are under examination.
Claims 16-42 are withdrawn.
Claim 6 and 8 are canceled.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim Rejections - 35 USC § 102
Claims 1-5, 7, 9-15, and 43-45 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Morrison (U.S. PGPub US 2022/0052361 A1), hereinafter Morrison.
Regarding Claim 1, Morrison teaches a hydrogen storage and thermal management system (i.e., see Figs. 6 and 18) comprising at least one liquid hydrogen storage tank (i.e., at least one of fuel tanks ref. 22, see Fig. 18 showing a fuel tank ref. 22 having both gaseous and liquid hydrogen, also see Fig. 6),
at least one gaseous hydrogen storage tank (i.e., at least another of the fuel tanks ref. 22, see [0020] and Fig. 6 indicating multiple fuel tanks ref. 22), such that the skilled artisan would appreciate that since Morrison discloses in [0020] the one or more fuel cell modules can comprise one or a plurality of fuel hydrogen cells in fluid communication with one or more fuel tanks, etc., and further discloses in [0120] the fuel tank ref. 22 is configured to use a working fluid of hydrogen as the fuel ref. 30 with fuel lines ref. 85, vessels and piping ref. 85 designed to the ASME Code and DOT Codes for the pressure and temperatures involved, whereby the working fluid is a liquid or gas, etc., this at least provides one liquid hydrogen storage tank and/or gaseous hydrogen storage tank such that as disclosed in [0122] the integrated system ref. 100 fuel supply subsystem ref. 900 further comprises the fuel tank ref. 22 in fluid communication with one more fuel cells configured to store and transport a fuel selected from the group consisting of gaseous hydrogen (GH2), liquid hydrogen (LH2), or similar fluids, etc. (also see [0029], [0056], [0125]).
Morrison further discloses at least one manifold in fluid communication with the at least one liquid hydrogen storage tank or the at least one gaseous hydrogen storage tank (i.e., at least vent line ref. 64, see Fig. 18 showing that this line is connected to the fuel tank ref. 22) to be used for off-gassing regulation and pressure management of the at least one liquid or gaseous hydrogen storage tank (i.e., see [0121] indicating that the vent ref. 64 may allow the venting of gas to the exterior environment, and see [0122] indicating control of the vents which necessarily includes the ability to open the vent for the purposes of off-gassing and pressure management as claimed), lacking any further distinction thereof as to said manifold, off-gassing regulation and/or pressure management.
Furthermore, since Morrison discloses the one manifold in fluid communication with the at least one liquid hydrogen storage tank or the at least one gaseous hydrogen storage tank, etc., which is an identical and/or substantially identical product to that claimed, properties and/or functions such as “the manifold configured to collect liquid hydrogen from the at least one liquid hydrogen storage tank and distribute the liquid hydrogen within the system” are presumed inherent (MPEP 2112.01, I., In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977)).
Morrison further discloses a hydrogen header tank (i.e., at least vaporizer ref. 72, Fig. 18, lacking any further distinction thereof as to said hydrogen header tank).
Furthermore, since Morrison discloses the hydrogen header tank, at least one liquid hydrogen storage tank, etc., (See Fig. 18), which is an identical and/or substantially identical product to that claimed, properties and/or functions such as “configured to collect liquid hydrogen from the at least one liquid hydrogen storage tank, manage the header tank boiloff rate, and distribute the boil off gas within the system” are presumed inherent (MPEP 2112.01, I., In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977)).
Morrison further discloses a piping pathway in fluid communication with the at least one liquid hydrogen storage tank, the at least one gaseous hydrogen storage tank, and the at least one hydrogen header tank (i.e., at least various pipes as shown in Fig. 18 which are all in fluid communication with the fuel tanks ref. 22 and vaporizer ref. 72 with the exception of the coolant circuit and the flow of oxygen from the oxygen delivery tank ref. 92), such that the skilled artisan would appreciate that the at least one liquid hydrogen storage tank, the at least one gaseous hydrogen storage tank, etc., as discussed above and shown in Fig. 6 are at least are in fluid communication with the hydrogen header tank (i.e., at least vaporizer ref. 72) so that gaseous hydrogen is supplied to the fuel cell ref. 18 as shown in Fig. 18, lacking any further distinction thereof as to said piping pathway, liquid hydrogen storage tank, gaseous hydrogen storage tank, and/or hydrogen header tank.
Morrison further discloses at least one heat exchanger incorporated within the at least one piping pathway (i.e., at least heat exchanger ref. 57); and
at least one fuel cell in fluid communication with the at least one heat exchanger (i.e., at least fuel cell ref. 18).
Morrison further discloses in [0020] the one or more fuel cell modules can further comprise a module housing, a fuel delivery assembly, a recirculation pump, a coolant pump, fuel cell controls, sensors, an end plate, coolant conduits, connections, a hydrogen inlet, a coolant inlet, an air inlet and/or oxygen inlet, a hydrogen outlet, an air or oxygen outlet, a coolant outlet, and coolant conduits connected to and in fluid communication with the one or more fuel cell modules and transporting coolant, etc., and further discloses in [0122] and Fig. 18 the integrated system ref. 100 fuel supply subsystem ref. 900, etc., is configured to store and transport a fuel selected from the group consisting of gaseous hydrogen (GH2), liquid hydrogen (LH2), etc., and the fuel supply subsystem ref. 900 further comprises fuel lines, etc., wherein one or more temperature sensing devices or thermal safety sensors monitor temperatures and concentrations of gases in the fuel supply subsystem ref. 900, and also comprise one or more pressure gauges, one or more level sensors, one or more vacuum gauges, and one or more temperature sensors, such that the autopilot control unit ref. 32 or a computer processor are further configured to operate components of the subsystems and compute, select and control, based on the temperature adjustment protocol, an amount and distribution of thermal energy transfer, etc., (also see [0021]-[0022], [0024], [0026]-[0028], [0031], [0057], [0062], [0076], [0101], [0108]-[0109], [0120]-[0124], [0126]-[0128], [0131]), which at least provides a control system in communication with one or more sensors configured to measure at least one of temperature, pressure, flow rate, and fuel cell demand within the system and to regulate boil-off generation in response to available gaseous hydrogen, and further provides the control system is configured to adjust the transfer of waste heat to the at least one header tank to regulate boil-off in response to fuel demand such that the skilled artisan would appreciate that since fuel supply subsystem comprises sensors to monitor concentrations of gases and control, based on the temperature adjustment protocol, an amount and distribution of thermal energy transfer, etc., and as discussed above, and further provides said fuel supply subsystem is configured to store and transport a fuel selected from the group consisting of gaseous hydrogen (GH2), etc., and further discloses in [0121] to maintain continuity of delivery of fuel during displacement, as well as managing fuel safety, volatile gases may be passed through the vapor ref. 72 and one or more GH2 vent ref. 64 connections to be vented to the exterior environment, etc., this at least provides regulating boil-off generation in response to available gaseous hydrogen, as well as provides adjusting the transfer of waste heat to the at least one header tank to regulate boil-off in response to fuel demand, lacking any further structural distinction thereof.
Furthermore, since Morrison discloses control system in communication with one or more sensors configured to measure at least one of temperature, pressure, flow rate, and fuel cell demand within the system, etc., which is an identical and/or substantially identical product to that claimed, properties and/or functions such as “regulate boil-off generation in response to available gaseous hydrogen”, as well as “is configured to adjust the transfer of waste heat to the at least one header tank to regulate boil-off in response to fuel demand” are presumed inherent (MPEP 2112.01, I., In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977)).
Morrison further discloses the at least one gaseous hydrogen storage tank is in fluid communication with at least one of (i) the manifold from the group, etc., and is further in fluid communication with the at least one fuel cell to supply gaseous hydrogen thereto ((i.e., at least another of the fuel tanks ref. 22, see [0020] and Fig. 6 indicating multiple fuel tanks ref. 22), such that the skilled artisan would appreciate that since Morrison discloses in [0020] the one or more fuel cell modules can comprise one or a plurality of fuel hydrogen cells in fluid communication with one or more fuel tanks, etc., and further discloses in [0120] the fuel tank ref. 22 is configured to use a working fluid of hydrogen as the fuel ref. 30 with fuel lines ref. 85, vessels and piping ref. 85 designed to the ASME Code and DOT Codes for the pressure and temperatures involved, whereby the working fluid is a liquid or gas, etc., and such that as disclosed in [0122] the integrated system ref. 100 fuel supply subsystem ref. 900 further comprises the fuel tank ref. 22 in fluid communication with one more fuel cells configured to store and transport a fuel selected from the group consisting of gaseous hydrogen (GH2), liquid hydrogen (LH2), or similar fluids, etc., and such that the skilled artisan would appreciate that the at least one liquid hydrogen storage tank, the at least one gaseous hydrogen storage tank, etc., as shown in Fig. 6 and discussed above are at least are in fluid communication with the hydrogen header tank (i.e., at least vaporizer ref. 72) so that gaseous hydrogen is supplied to the fuel cell ref. 18 as shown in Fig. 18, lacking any further distinction thereof (also see Step ref. 704 transporting the GH2 from the one or more heat exchangers ref. 57 into one or more fuel cell modules ref. 18, etc.) (also see [0029], [0056], [0125])).
Morrison further discloses in [0127] if the temperature adjustment protocol indicates a fuel cell module ref. 18 requires dissipation and transfer of waste heat, the processor may select the fuel supply subsystem ref. 900 as a thermal energy destination, and the processor will actuate the coolant pump ref. 76 and appropriate valves ref. 88 in fluid communication with the coolant conduits ref. 84 connected to and in fluid communication with that fuel cell module ref. 18, so that coolant ref. 31 is moved from the fuel cell module ref. 18, through the coolant conduits ref. 84 and piping ref. 84 along a route that leads to a heat exchanger ref. 57, and in turn similarly actuates pumps and valves ref. 88 in the fuel lines ref. 85, such that coolant ref. 31 and fuel ref. 30 flow through separate conduits of the processor activated heat exchanger ref. 57 simultaneously and heat or thermal energy is transferred from the hotter coolant ref. 31, across the conduits, walls and body of the heat exchanger ref. 57, and into the colder fuel ref. 30, thereby reducing the temperature of the fuel cell module ref. 18 source and increasing the temperature of the fuel ref. 30, or more generally the fuel supply subsystem ref. 900, etc., which at least provides a working fluid (i.e., at least coolant ref. 31, for example, also see [0120] for additional working fluids, whereby working fluids may include: fuel in the liquid or gaseous state, coolant ref. 31, pressurized or other air that may or may not be heated, etc., lacking any further distinction thereof as to said cooled working fluid, also see Annotated Fig. 18) wherein a working fluid transports waste heat from the at least one fuel cell to the at least one heat exchanger (i.e., at least transports waste heat to the at least one heat exchanger ref. 57 so as provide that heat or thermal energy is transferred from the hotter coolant ref. 31, across the conduits, walls and body of the heat exchanger ref. 57, and into the colder fuel ref. 30, thereby reducing the temperature of the fuel cell module ref. 18 source and increasing the temperature of the fuel ref. 30, etc., also see Annotated Fig. 18, [0013], [0020]-[0021], [0024], [0031], [0057], [0108], [0120]-[0124], also see Annotated Fig. 18 and [0126] whereby using one or more heat exchangers ref. 57 to perform thermal energy transfer to the LH2; and Step ref. 704 transporting the GH2 from the one or more heat exchangers ref. 57 into one or more fuel cell modules ref. 18, etc.) the working fluid being recirculated to the at least one fuel cell to cool the at least one fuel cell (i.e., at least as shown in Annotated Fig. 18, also see [0013]), lacking any further structural distinction thereof.
Furthermore, the skilled artisan would appreciate that since said working fluid, heat exchanger, conduits, etc., are provided as shown in at least Figs. 18-19, that cooled working fluid at least returns to the at least one fuel cell so as to at least cool the at least one fuel cell, such that said heat or thermal energy is transferred from the hotter coolant ref. 31, across the conduits, walls and body of the heat exchanger ref. 57, and into the colder fuel ref. 30, thereby reducing the temperature of the fuel cell module ref. 18 source and increasing the temperature of the fuel ref. 30, etc., lacking any further structural distinction thereof.
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Annotated Figure 18 (Morrison)
Regarding Claim 2, Morrison discloses the hydrogen storage and thermal management system as discussed above in claim 1. Morrison further teaches at least one manifold in fluid communication with the at least one liquid hydrogen storage tank wherein such as least one manifold is configured to allow the at least one liquid hydrogen tank to be filled or drained (i.e., see conduits/ pipes/ tubes ref. 85 stemming from the bottom of the fuel tank ref. 22 which can be used to drain the tank into the vaporizer ref. 72 and vent line ref. 64 which can be used to vent the fuel tank ref. 22, see also [0121] indicating that there is a charging line to fill the fuel tank ref. 22 with hydrogen).
Regarding Claims 3 and 5, Morrison discloses the hydrogen storage and thermal management system as discussed above in claim 1. Morrison further teaches at least one manifold in fluid communication with at least one liquid or gaseous hydrogen storage tank wherein such at least one manifold is configured to allow gaseous hydrogen to be selectively directed throughout the piping pathways or hydrogen storage tanks and one or more valves configured to control the flow rate of gaseous and/or liquid hydrogen throughout the piping pathways (i.e., see various valves located on the fuel piping in Fig. 18 which allow for the selective passage of hydrogen liquid and/or gas throughout the system).
Regarding Claim 4, Morrison discloses the hydrogen storage and thermal management system as discussed above in claim 1. Morrison further teaches that the piping pathways contains one or more turbopumps or compressors (see [0020] and [0031] indicating the use of pumps within the fuel cell to alter the flow of fuel, which is necessarily fluidly connected with the fuel supply piping).
Regarding Claim 7, Morrison discloses the hydrogen storage and thermal management system as discussed above in claim 1. Morrison further teaches that at least one pipe in the piping pathways is a drainage pipe (i.e., see conduit ref. 85 and vent line ref. 64 which both drain from the fuel tank ref. 22, see also drainage valve under vaporizer ref. 72 in Fig. 18).
Regarding Claims 9 and 10, Morrison discloses the hydrogen storage and thermal management system as discussed above in claim 2. Morrison further teaches one or more insulated drains for the release of hydrogen outside of a transport vehicle (see [0027] and [0120] indicating that the fuel tanks ref. 22 include an insulating wrap). The remainder of Claim 9 and Claim 10 regarding the release of hydrogen outside of a transport vehicle represent an intended use of the claimed drain. Patentability of product claims is based on the structure of the claimed product, whereby since Morrison provides an identical and/or substantially identical product as that claimed, the skilled artisan would expect that said product would perform the same regardless of the intended use, and because the intended use does not provide any additional structure to the claimed drain product, it does not provide any additional patentable distinctiveness to the claim.
Regarding Claims 11 and 12, Morrison discloses the hydrogen storage and thermal management system as discussed above in claim 9. Morrison further teaches that each of the at least one liquid hydrogen storage containers are equipped with a drainage valve (i.e., see various valves connected to the fuel tanks ref. 22 and vaporizer ref. 72, Figs. 6 and 18-19), thereby necessarily allowing for selective control of liquid hydrogen flow from either tank.
Regarding Claim 13, Morrison discloses the hydrogen storage and thermal management system as discussed above in claim 1. Morrison further teaches that the at least one liquid hydrogen storage tank is composed of a single wall coated with one or more layers of insulation (i.e., see [0027] indicating a single inner tank or single outer tank, either of which could read on the claimed single wall, and an insulating wrap, noting that the claim’s “comprising” language does not preclude additional unrecited components such as the addition of an outer tank to the inner tank or via versa).
Regarding Claim 14, Morrison discloses the hydrogen storage and thermal management system as discussed above in claim 3. Morrison further teaches at least one sensor to gather information about at least one of the following variables: pressure, temperature, liquid fill level, fluid flow rate, and other general operating conditions (i.e., see [0120]-[0121] regarding sensor of the fuel system, see also [0109] regarding sensors of the fuel cell modules).
Regarding Claim 15, Morrison discloses the hydrogen storage and thermal management system as discussed above in claim 14. Morrison further teaches a control system configured to accept input data from the at least one sensor and to command the position of one or more valves (i.e., see [0013] regarding the control system including the ability to control valves specifically based on sensor values).
Regarding Claim 43, Morrison discloses the hydrogen storage and thermal management system as discussed above in claim 1. Morrison teaches that the release of hydrogen to the header tank may be controlled by a valve (i.e., see valves ref. 88 and corresponding description in [0120], Fig. 18), and Morrison also teaches that hydrogen from the header tank may be warmed by waste heat from the at least one fuel cell or the at least one heat exchanger (i.e., see heat exchanger ref. 57 which performs heat exchange with oxygen and fuel reactants and spent fuel cell coolant, see also [0121], Fig. 18).
Regarding claim 44, Morrison discloses the hydrogen storage and thermal management system as discussed above in claim 1. Morrison further discloses the working fluid and waste heat as discussed above in claim 1. The remainder of claim 44 regarding the use of maintaining a flexible liquid hydrogen pipe, water pipe, and/or mooring device represents an intended use of the claimed hydrogen storage and thermal management system. Patentability of product claims is based on the structure of the claimed product, whereby since Morrison provides an identical and/or substantially identical product as that claimed, the skilled artisan would expect that said product would perform the same regardless of the intended use, and because the intended use does not provide any additional structure to the claimed hydrogen storage and thermal management system, it does not provide any additional patentable distinctiveness to the claim.
Regarding claim 45, Morrison discloses the hydrogen storage and thermal management system as discussed above in claim 44. As discussed above in claim 44, the use of maintaining a flexible liquid hydrogen pipe, water pipe, and/or mooring device represents an intended use of the claimed hydrogen storage and thermal management system. Furthermore, in addition to the intended use of said maintaining a flexible liquid hydrogen pipe, water pipe, and/or mooring device, the remainder of claim 45 directed to coupling said flexible liquid hydrogen pipe, water pipe, and/or mooring device with at least one pipe when an airship is being loaded or unloaded additionally represents an intended use of the claimed hydrogen storage and thermal management system. Patentability of product claims is based on the structure of the claimed product, whereby since Morrison provides an identical and/or substantially identical product as that claimed, the skilled artisan would expect that said product would perform the same regardless of the intended use, and because the intended use does not provide any additional structure to the claimed hydrogen storage and thermal management system, it does not provide any additional patentable distinctiveness to the claim. Therefore, since said flexible liquid hydrogen pipe, water pipe, and/or mooring device are not positively claimed and do not further limit the hydrogen storage and thermal management system product as claimed, and said limitation of “may be coupled with at least one pipe when an airship is being loaded or unloaded” is an intended use of said limitation (of claim 44) not positively required, the claim limitations are met, and because the intended use does not provide any additional structure to the claimed hydrogen storage and thermal management system, it does not provide any additional patentable distinctiveness to the claim.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-5, 7, 9-15, and 43-45 rejected under 35 U.S.C. 103 in view of Morrison and Yoshida 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.
Therefore, in light of the amendment(s) to the claims, a new grounds of rejection 35 U.S.C. 102 is made for claims 1-5, 7, 9-15, and 43-45 in view of Morrison.
As to applicants’ arguments Page 12, “Morrison fails to teach or suggest "…a hydrogen header tank configured to collect liquid hydrogen from the at least one liquid hydrogen storage tank, manage the header tank boiloff rate, and distribute the boil off gas within the system…" as Applicant has disclosed and claimed at independent claim 1”, the examiner respectfully disagrees, whereby as put forth in the current 35 U.S.C. 102 rejection of record, Morrison discloses the hydrogen header tank, at least one liquid hydrogen storage tank, etc., such that the properties and/or functions are presumed inherent, and since there is not further structural distinction to distinguish the claimed invention from that of the prior art Morrison, the claimed limitations are met.
As to applicants’ arguments Page 12, “Morrison further fails to teach or suggest "…a control system in communication with one or more sensors configured to measure at least one of temperature, pressure, flow rate, and fuel cell demand within the system and to regulate boil-off generation in response to available gaseous hydrogen; wherein the at least one gaseous hydrogen storage tank is in fluid communication with at least one of (i) the manifold and (ii) the hydrogen header tank to receive boil-off gas originating from the at least one liquid hydrogen storage tank, and is further in fluid communication with the at least one fuel cell to supply gaseous hydrogen thereto; and wherein a working fluid transports waste heat from the at least one fuel cell to the at least one heat exchanger and the control system is configured to adjust the transfer of waste heat to the at least one header tank to regulate boil-off in response to fuel demand, the working fluid being recirculated to the at least one fuel cell to cool the at least one fuel cell..." as Applicant has disclosed and claimed at Independent claim 1.”, the examiner respectfully disagrees, whereby as put forth in the current 35 U.S.C. 102 rejection of record, Morrison discloses the control system (i.e., at least fuel supply subsystem, controls, sensors, etc.), etc., as put forth in the current rejection of record, such that properties and/or functions are presumed inherent, and since no further structural distinction thereof has been provided, the claim limitations are met.
Applicants’ further argue Page 13, “Morrison is directed to a single-path system in which liquid hydrogen is withdrawn, vaporized using heat, and immediately supplied to a fuel cell. Gaseous hydrogen is not stored as an independent fuel source, but instead exists only as part of an in-line conversion process. Unlike Applicant's disclosed and claimed invention, Morrison does not disclose or suggest storing boil-off gas in a separate tank for later use as a buffered fuel supply, nor does Morrison disclose any control system with sensors for determining demand or system conditions, or any structure for adjusting transfer of waste heat to the hydrogen system to increase boil-off based on measured demand. Instead, Morrison uses heat solely for immediate vaporization along the fuel delivery path and lacks any structure for feedback-controlled generation or buffered supply. In contrast, amended claim 1 requires a structurally distinct architecture including a separate gaseous hydrogen storage tank configured to receive boil-off gas and supply the fuel cell, as well as a control system in communication with one or more sensors that measure system parameters, including fuel cell demand, and regulate boil-off generation and heat transfer in response.”, the examiner respectfully disagrees, whereby as put forth in the current 35 U.S.C. 102 rejection of record, Morrison discloses the gaseous hydrogen storage tank, control system, one or more sensors, such that the properties and/or functions are presumed inherent as put forth in the current rejection of record, and since applicant has failed to provide a structural distinction over the prior art Morrison, the claim limitations are met. Furthermore, the examiner asserts that Morrison at least embodies many of the properties and/or function as well as put forth in the current rejection of record, whereby for example, Morrison further discloses in [0020] the one or more fuel cell modules can further comprise a module housing, a fuel delivery assembly, a recirculation pump, a coolant pump, fuel cell controls, sensors, an end plate, coolant conduits, connections, a hydrogen inlet, a coolant inlet, an air inlet and/or oxygen inlet, a hydrogen outlet, an air or oxygen outlet, a coolant outlet, and coolant conduits connected to and in fluid communication with the one or more fuel cell modules and transporting coolant, etc., and further discloses in [0122] and Fig. 18 the integrated system ref. 100 fuel supply subsystem ref. 900, etc., is configured to store and transport a fuel selected from the group consisting of gaseous hydrogen (GH2), liquid hydrogen (LH2), etc., and the fuel supply subsystem ref. 900 further comprises fuel lines, etc., wherein one or more temperature sensing devices or thermal safety sensors monitor temperatures and concentrations of gases in the fuel supply subsystem ref. 900, and also comprise one or more pressure gauges, one or more level sensors, one or more vacuum gauges, and one or more temperature sensors, such that the autopilot control unit ref. 32 or a computer processor are further configured to operate components of the subsystems and compute, select and control, based on the temperature adjustment protocol, an amount and distribution of thermal energy transfer, etc., (also see [0021]-[0022], [0024], [0026]-[0028], [0031], [0057], [0062], [0076], [0101], [0108]-[0109], [0120]-[0124], [0126]-[0128], [0131]), which at least provides a control system in communication with one or more sensors configured to measure at least one of temperature, pressure, flow rate, and fuel cell demand within the system and to regulate boil-off generation in response to available gaseous hydrogen, and further provides the control system is configured to adjust the transfer of waste heat to the at least one header tank to regulate boil-off in response to fuel demand such that the skilled artisan would appreciate that since fuel supply subsystem comprises sensors to monitor concentrations of gases and control, based on the temperature adjustment protocol, an amount and distribution of thermal energy transfer, etc., and as discussed above, and further provides said fuel supply subsystem is configured to store and transport a fuel selected from the group consisting of gaseous hydrogen (GH2), etc., and further discloses in [0121] to maintain continuity of delivery of fuel during displacement, as well as managing fuel safety, volatile gases may be passed through the vapor ref. 72 and one or more GH2 vent ref. 64 connections to be vented to the exterior environment, etc., this at least provides regulating boil-off generation in response to available gaseous hydrogen, as well as provides adjusting the transfer of waste heat to the at least one header tank to regulate boil-off in response to fuel demand, lacking any further structural distinction thereof.
Therefore, in response to applicant's arguments above, a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
Furthermore, the examiner asserts in response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., “gaseous hydrogen stored”, “storing boil-off gas in a separate tank for later use as a buffered fuel supply”) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
See the current 35 U.S.C. 102 rejection above for the claims that depend from claim 1.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Anderson et al. (U.S. PGPub US 2003/0230495 A1) discloses an anode/cathode feed high pressure electrolysis system (Title), whereby as disclosed in [0023] a control/power unit ref. 40 comprising a power source in electrical communication with cell ref. 32 and a controller in operational communication with various valves, sensors, and system ref. 30 components supplies power to cell ref. 32, as well as to various components associated with system ref. 30, and controls the operation of system ref. 30.
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSHUA PATRICK MCCLURE whose telephone number is (571)272-2742. The examiner can normally be reached Monday-Friday 8:30am-5:00pm.
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, Barbara Gilliam can be reached on (571) 272-1330. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSHUA P MCCLURE/Examiner, Art Unit 1727
/BARBARA L GILLIAM/Supervisory Patent Examiner, Art Unit 1727
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