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 .
Response to Amendment
The amendment filed December 11th, 2025 has been entered. Claims 1-3, 5, 7-11, 13-17, and 19-20 remain pending in the application. Claims 8-11 and 14-17 remain withdrawn from consideration as being directed to nonelected species. The amendments to the claims have overcome each and every 112(a) and 112(b) rejection previously cited in the Non-Final rejection mailed August 11th, 2025. However, the amendment has raised other issues detailed below.
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in Germany on December 01ST, 2021. It is noted, however, that applicant has not filed a certified copy of the DE102021213644.3 application as required by 37 CFR 1.55.
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 common connection of claim 2 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 § 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 1-3, 5, 7, and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Bensadoun et al. (US Patent No. 12,031,686), hereinafter Bensadoun in view of Witte (US Patent No. 9,347,615), hereinafter Witte, Lindholm et al. (US Patent No. 10,414,268), hereinafter Lindholm, Allidieres (US 20240183497), hereinafter Allidieres, Gustafson et al. (US Patent No. 9,746,132), hereinafter Gustafson.
Regarding claim 1, Bensadoun discloses a storage system (Fig. 2; Col. 3, lines 23-25, FIG. 2
shows a schematic and partial side section view illustrating a second example of the structure and of the
operation of a device for storing and for supplying fuel) for storing a cryogenic medium that is partially in liquid form and partially in gaseous form (Col. 3, lines 37-39, a reservoir 5 of liquefied fuel gas in equilibrium with a gas phase, the liquefied fuel particularly can be hydrogen (H2)), the storage system comprising:
a storage container operable to receive the cryogenic medium (Fig. 2, reservoir 5; Col. 3, line 54, The device 1 comprises a circuit 4 for filling the reservoir 5);
a first removal line operable to remove the gaseous form of the cryogenic medium from the storage container (Fig. 2, circuit 7; Col. 3, lines 55-56, a circuit 6, 7 for tapping fluid from the internal reservoir 2), the first removal line forming a fluid-conducting connection from an interior of the storage container (Col. 3, lines 55-56, a circuit 6, 7 for tapping fluid from the internal reservoir 2) to a first consumer connection (See annotated Fig. 2 of Bensadoun below, first consumer connection A) for connecting a consumer device that uses the cryogenic medium (Fig. 2, user 27; Col. 19-21, (tapping connector 46 intended to be connected, for example, to a pipe routing the fluid fuel to a user 27, such as a fuel cell, for example);
a first controllable line shut-off valve arranged in the first removal line (See annotated Fig. 2 of Bensadoun below, first controllable line shut-off valve B is shown to be arranged in circuit 7);
a first internal tank heat exchanger (Bensadoun, Fig. 2, exchanger 28) arranged in the storage container at the first removal and operable to heat the liquid form of the cryogenic medium in the storage container (Col. 6, lines 37-41, This heated fluid then circulates in an exchanger 28 located in the reservoir 2 (for example, immersed in the liquid phase) in order to add calories to the content of the reservoir 2. This fluid then can be mixed with the fluid of the tapping circuit downstream of the exchanger 12; As best understood, see 112(b) rejections above);
a second removal line operable to remove the liquid form of the cryogenic medium from the storage container (Fig. 2, first upstream end 16; Col. 3, lines 16-19 and 26-28, a first upstream end 16 emerging at a lower end of the internal wall of the internal reservoir 2 and a downstream end emerging at a wall of the housing 10…This allows liquid to be tapped that is vaporized in order to provide fuel gas downstream), the second removal line forming a second fluid-conducting connection from the interior of the storage container (Col. 3, lines 16-19, a first upstream end 16 emerging at a lower end of the internal wall of the internal reservoir 2 and a downstream end emerging at a wall of the housing 10) to a second consumer connection for connecting the consumer device (See annotated Fig. 2 of Bensadoun below, second consumer connection B);
a second controllable line shut-off valve arranged in the second removal line (Fig 2, valve 13);
an external heat exchanger arranged upstream of the consumer device and external to the storage container and operable to heat the liquid form of the cryogenic medium in the second removal line (Fig. 2 of Bensadoun depicts heat exchanger 12 to be located external to the reservoir 5; Col. 5, lines 22-23, a heat exchanger 12 for heating the fluid (vaporizer)).
However, Bensadoun does not disclose a first external heat exchanger arranged in the first removal line and external to the storage container and a third external heat exchanger arranged in the second removal line and external to the storage container.
Witte teaches a first external heat exchanger arranged in the first removal line and external to the storage container (Fig. 1, heat exchanger 52 is shown to be disposed on gas supply line 55 upstream of the end use and external to the main tank 50) and a third external heat exchanger arranged in the second removal line and external to the storage container and operable to heat the liquid form of the cryogenic medium in the second removal line (Fig. 1, heat exchanger 62 is shown to be disposed on liquid supply line 65 upstream of the end use and external to the main tank 50; Col. 4, lines 4-6, A heat exchanger 62 is positioned downstream of the liquid outlet 61 to vaporize the cryogenic liquid and warm the resultant cryogenic gas or vapor).
Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the storage system of Bensadoun to have replace the single heat exchanger upstream of the consumer device with a first external heat exchanger arranged in the first removal line and external to the storage container and a third external heat exchanger arranged in the second removal line and external to the storage container as taught by Witte. One of ordinary skill in the art would have been motivated to make this modification to allow for different levels of heat transfer to be applied to the first and second removal lines to improve overall system efficiencies.
Bensadoun as modified further does not disclose the second removal line not in fluid-conducting connection with the first removal line.
Lindholm teaches the second removal line not in fluid-conducting connection with the first removal line (Fig. 2 of Lindholm depicts a conduit 103 in communication with a gas phase of a gas tank 102 and a separate conduit 112 in communication with a liquid phase of the gas tank 102, both of the conduits separately connecting to a dual fuel internal combustion engine 200).
Bensadoun as modified fails to teach the second removal line not in fluid-conducting connection with the first removal line, however Lindholm teaches that it is a known method in the art of cryogenic fuel supply to include the second removal line not in fluid-conducting connection with the first removal line. This is strong evidence that modifying Bensadoun as modified as claimed would produce predictable results (i.e. providing redundancy for the system). 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 Bensadoun as modified by Lindholm 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 providing redundancy for the system.
Bensadoun as modified further does not disclose a second external heat exchanger arranged in the first removal line downstream of the first internal tank heat exchanger and external to the storage container.
Allidieres teaches a second external heat exchanger arranged in the first removal line downstream of the first internal tank heat exchanger and external to the storage container (Fig. 2 of Allidieres depicts a first upstream end 13 of first withdraw line 3 (in communication with the gas phase of cryogenic tank 2) to be in communication with a first heating heat exchanger 4 upstream of a second heating heat exchanger 5, that is disposed in side of cryogenic tank 2, and further in communication with third heat exchanger 12, which is downstream of second heating heat exchanger 5 and external to the cryogenic tank 2).
Bensadoun as modified fails to teach a second external heat exchanger arranged in the first removal line downstream of the first internal tank heat exchanger and external to the storage container, however Allidieres teaches that it is a known method in the art of cryogenic fuel supply to include a second external heat exchanger arranged in the first removal line downstream of the first internal tank heat exchanger and external to the storage container. This is strong evidence that modifying Bensadoun as modified as claimed would produce predictable results (i.e. ensuring desired heat transfer is obtained in the first removal line to improve overall system efficiencies). 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 Bensadoun as modified by Allidieres 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 ensuring desired heat transfer is obtained in the first removal line to improve overall system efficiencies.
Further, Bensadoun as modified does not disclose a second internal tank heat exchanger arranged in the storage container at the second removal line and operable to heat the liquid form of the cryogenic medium in the storage container; and
a fourth external heat exchanger arranged in the second removal line downstream of the second internal tank heat exchanger, external to the storage container, and operable to heat the liquid of the cryogenic medium in the second removal line.
Gustafson teaches a second internal tank heat exchanger arranged in the storage container at the second removal line and operable to heat the liquid form of the cryogenic medium in the storage container (Fig. 2, liquid tube 220, condensing pathway 275, Col. 5, lines 62-64, condensing pathway 275 positioned inside the primary tank 205 in contact with the contents (i.e. the cryogenic fluid) of the primary tank 205; Col. 6, lines 33-50, In this state, in which the primary tank 205 is predominantly filled with liquid cryogen, when the use device 265 demands fuel, liquid cryogen 210 flows through the liquid tube 220 and is transformed into vapor at the vaporizer 270. The resulting vapor leaves the vaporizer 270 and enters the condensing pathway 275 inside the primary tank 205. As the vapor moves through the condensing pathway 275, it may condense and transfer heat to the liquid cryogen 210 in the primary tank 205. The transferred heat causes the cryogen within the primary tank 205 to expand and become less dense. As the heat transfers to the liquid cryogen in primary tank 205, its density decreases and it begins to occupy more volume at a rate that exceeds that at which is being withdrawn as demanded by use device 265. That is, the volume occupied by liquid cryogen within primary tank 205 increases at a rate that exceeds the volumetric withdrawal rate from the primary tank 205. Thus, the primary tank 205 becomes hydraulically full); and
a fourth external heat exchanger arranged in the second removal line downstream of the second internal tank heat exchanger, external to the storage container, and operable to heat the liquid of the cryogenic medium in the second removal line (Fig. 2, vaporizer 230; Fig. 2 of Gustafson depicts vaporizer 230 arranged in the liquid tube 220 downstream of the condensing pathway 275 and external to the primary tank 205; Col 7, lines 28-34, The cryogen passes through the vaporizer 270, is vaporized, and the resulting vapor passes through the condensing pathway 275. The vapor at least partially condenses to a liquid cryogen to transfer heat to the cryogen within the primary tank 205. The cryogen then passes through the relief valve 250, through the withdrawal line 225, through the vaporizer 230, and to the engine 265; Further, the vaporizer 230 of Gustafson has the same structure as the claimed fourth external heat exchanger and is capable of functioning in the manner claimed).
Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the storage system of Bensadoun as modified to include a second internal tank heat exchanger arranged in the storage container at the second removal line and operable to heat the liquid form of the cryogenic medium in the storage container and a fourth external heat exchanger arranged in the second removal line downstream of the second internal tank heat exchanger, external to the storage container, and operable to heat the liquid of the cryogenic medium in the second removal line as taught by Gustafson. One of ordinary skill in the art would have been motivated to make this modification in order to provided sufficient vaporization of the fluid to improve overall system efficiencies.
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Annotated Fig. 2 of Bensadoun
Regarding claim 2, Bensadoun as modified discloses the storage system of claim 1 (see the combination of references used in the rejection of claim 1 above), wherein the first consumer connection of the first removal line and the second consumer connection of the second removal line are combined together to form a common connection (See annotated Fig. 2 of Bensadoun below, first consumer connection A and second consumer connect C combine together into circuit 6 upstream of the user 27).
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Annotated Fig. 2 of Bensadoun
Regarding claim 3, Bensadoun as modified discloses the storage system of claim 1 (see the
combination of references used in the rejection of claim 1 above).
However, Bensadoun as modified does not disclose further comprising:
a third controllable line shut-off valve arranged in the first removal line directly upstream of the
first consumer connection, and
a fourth controllable line shut-off valve arranged in the second removal line additionally directly upstream of the second consumer connection.
Witte teaches a third controllable line shut-off valve arranged in the first removal line directly upstream of the first consumer connection (Fig 1, pressure regulator 54), and
a fourth controllable line shut-off valve arranged in the second removal line additionally directly upstream of the second consumer connection (Fig. 1, pressure regulator 64).
Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the storage system of Bensadoun as modified to include a third controllable line shut-off valve arranged in the first removal line directly upstream of the first consumer connection, and a fourth controllable line shut-off valve arranged in the second removal line additionally directly upstream of the second consumer connection as taught by Witte. One of ordinary skill in the art would have been motivated to make this modification to allow for improved control over fluid flow throughout the system to allow for an increase in overall system efficiency.
Regarding claim 5, Bensadoun as modified discloses the storage system of claim 1 (see the
combination of references used in the rejection of claim 1 above), further comprising:
a first flow control valve in the first removal line downstream of the first controllable line shut-off valve and upstream of the first internal tank heat exchanger (See annotated Fig. 2 of Bensadoun, first flow control valve D).
However, Bensadoun as modified does not explicitly disclose a second flow control valve in the second removal line downstream of the second controllable line shut-off valve and upstream of the second internal tank heat exchanger.
Bensadoun as modified does disclose a first flow control valve in the first removal line downstream of the first controllable line shut-off valve and upstream of the first internal tank heat exchanger (See annotated Fig. 2 of Bensadoun, first flow control valve D). Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to include a second flow control valve in the second removal line downstream of the second controllable line shut-off valve and upstream of the second internal tank heat exchanger as a mere duplication of parts in order to allow for continued usage of the system during maintenance periods as it has been held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced (MPEP 2144.04, Section VI, Paragraph B).
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Annotated Fig. 2 of Bensadoun
Regarding claim 7, Bensadoun as modified discloses the storage system of claim 1 (see the
combination of references used in the rejection of claim 1 above), wherein the storage container has a double-wall structural configuration defining an insulating vacuum space between the walls of the storage container (Bensadoun, Fig. 2, internal reservoir 2 and external reservoir 3; Col. 3, lines 49-53, Typically, the inter-wall 5 vacuum between internal reservoir 2 and external reservoir 3 can range between 10-3 mbar and 10-5 mbar, but other insulations and pressure ranges can be contemplated, such as non-vacuum insulation foam, to an ultra-high vacuum at 10-9 mbar, for example).
Regarding claim 13, Bensadoun as modified discloses the storage system of claim 7 (see the
combination of references used in the rejection of claim 7 above), wherein:
the first controllable line shut-off valve is arranged external to the storage container, and
the second controllable line shut-off valve is arranged external to the storage container (Annotated Fig. 2 of Bensadoun below depicts first controllable line shut-off valve B and valve 13 to both be arranged external to the reservoir 5).
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Annotated Fig. 2 of Bensadoun
Claims 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Bensadoun et al. (US Patent No. 12,031,686), hereinafter Bensadoun in view Lindholm et al. (US Patent No. 10,414,268), hereinafter Lindholm, Allidieres (US 20240183497), hereinafter Allidieres, and Gustafson et al. (US Patent No. 9,746,132), hereinafter Gustafson.
Regarding claim 19, Bensadoun discloses a storage system (Fig. 2; Col. 3, lines 23-25, FIG. 2
shows a schematic and partial side section view illustrating a second example of the structure and of the
operation of a device for storing and for supplying fuel) for storing a cryogenic medium that is partially in liquid form and partially in gaseous form (Col. 3, lines 37-39, a reservoir 5 of liquefied fuel gas in equilibrium with a gas phase, the liquefied fuel particularly can be hydrogen (H2)), the storage system comprising:
a storage container operable to receive the cryogenic medium (Fig. 2, reservoir 5; Col. 3, line 54, The device 1 comprises a circuit 4 for filling the reservoir 5);
a first removal line operable to remove the gaseous form of the cryogenic medium from the storage container (Fig. 2, circuit 7; Col. 3, lines 55-56, a circuit 6, 7 for tapping fluid from the internal reservoir 2), the first removal line forming a fluid-conducting connection from an interior of the storage container (Col. 3, lines 55-56, a circuit 6, 7 for tapping fluid from the internal reservoir 2) to a first consumer connection (See annotated Fig. 2 of Bensadoun below, first consumer connection A) for connecting a consumer device that uses the cryogenic medium (Fig. 2, user 27; Col. 19-21, (tapping connector 46 intended to be connected, for example, to a pipe routing the fluid fuel to a user 27, such as a fuel cell, for example) the first removal line having a free end that terminates in the storage container adjacent to an upper region of the storage container above a liquid surface of the liquid form of the cryogenic medium (Fig. 1, second upstream end 17 of circuit 7; Col. 6, lines 9-13, tap the fuel in gas form from the gas phase of the reservoir (via the second upstream end 17 of the tapping circuit, valve 18 open, valve 13 closed). This allows the vaporization of the gas in the internal reservoir 2 to be reduced ("boil-off'));
a first controllable line shut-off valve arranged in the first removal line (See annotated Fig. 2 of Bensadoun below, first controllable line shut-off valve B is shown to be arranged in circuit 7);
a first internal tank heat exchanger (Fig. 2, exchanger 28) arranged in the storage container at the first removal line and operable to heat the liquid form of the cryogenic medium in the storage container (Col. 6, lines 37-41, This heated fluid then circulates in an exchanger 28 located in the reservoir 2 (for example, immersed in the liquid phase) in order to add calories to the content of the reservoir 2. This fluid then can be mixed with the fluid of the tapping circuit downstream of the exchanger 12);
a second removal line operable to remove the liquid form of the cryogenic medium from the storage container (Fig. 2, first upstream end 16; Col. 3, lines 16-19 and 26-28, a first upstream end 16 emerging at a lower end of the internal wall of the internal reservoir 2 and a downstream end emerging at a wall of the housing 10…This allows liquid to be tapped that is vaporized in order to provide fuel gas downstream), the second removal line forming a second fluid-conducting connection from the interior of the storage container (Col. 3, lines 16-19, a first upstream end 16 emerging at a lower end of the internal wall of the internal reservoir 2 and a downstream end emerging at a wall of the housing 10) to a second consumer connection for connecting the consumer device (See annotated Fig. 2 of Bensadoun below, second consumer connection B), the second removal line having a free end that terminates that terminates in the storage container adjacent to a lower region of the storage container below the liquid surface of the liquid form of the cryogenic medium (Fig. 2, first upstream end 16; Col. 5, lines 14-16 and 26-28, The circuit 6, 7 for tapping fluid from the reservoir can comprise a tapping pipe 6 provided with a first upstream end 16 emerging at a lower end of the internal wall of the internal reservoir 2… This allows liquid to be tapped that is vaporized in order to provide fuel gas down stream);
a second controllable line shut-off valve arranged in the second removal line (Fig 2, valve 13);
a second external heat exchanger arranged in the first removal line and external to the storage container (Fig. 2 of Bensadoun depicts heat exchanger 12 to be located external to the reservoir 5 and in fluid communication with first upstream end 16).
Bensadoun does not disclose the second removal line not in fluid-conducting connection with the first removal line.
Lindholm teaches the second removal line not in fluid-conducting connection with the first removal line (Fig. 2 of Lindholm depicts a conduit 103 in communication with a gas phase of a gas tank 102 and a separate conduit 112 in communication with a liquid phase of the gas tank 102, both of the conduits separately connecting to a dual fuel internal combustion engine 200).
Bensadoun as modified fails to teach the second removal line not in fluid-conducting connection with the first removal line, however Lindholm teaches that it is a known method in the art of cryogenic fuel supply to include the second removal line not in fluid-conducting connection with the first removal line. This is strong evidence that modifying Bensadoun as modified as claimed would produce predictable results (i.e. providing redundancy for the system). 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 Bensadoun as modified by Lindholm 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 providing redundancy for the system.
Bensadoun as modified further does not disclose a second external heat exchanger arranged in the first removal line downstream of the first internal tank heat exchanger and external to the storage container.
Allidieres teaches a second external heat exchanger arranged in the first removal line downstream of the first internal tank heat exchanger and external to the storage container (Fig. 2 of Allidieres depicts a first upstream end 13 of first withdraw line 3 (in communication with the gas phase of cryogenic tank 2) to be in communication with a first heating heat exchanger 4 upstream of a second heating heat exchanger 5, that is disposed in side of cryogenic tank 2, and further in communication with third heat exchanger 12, which is downstream of second heating heat exchanger 5 and external to the cryogenic tank 2).
Bensadoun as modified fails to teach a second external heat exchanger arranged in the first removal line downstream of the first internal tank heat exchanger and external to the storage container, however Allidieres teaches that it is a known method in the art of cryogenic fuel supply to include a second external heat exchanger arranged in the first removal line downstream of the first internal tank heat exchanger and external to the storage container. This is strong evidence that modifying Bensadoun as modified as claimed would produce predictable results (i.e. ensuring desired heat transfer is obtained in the first removal line to improve overall system efficiencies). 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 Bensadoun as modified by Allidieres 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 ensuring desired heat transfer is obtained in the first removal line to improve overall system efficiencies.
Further, Bensadoun as modified does not disclose a third external heat exchanger arranged in the second removal line, external to the storage container, and operable to heat the liquid form of the cryogenic medium in the second removal line;
a second internal tank heat exchanger arranged in the storage container at the second removal line and operable to heat the liquid form of the cryogenic medium in the storage container; and
a fourth external heat exchanger arranged in the second removal line downstream of the second internal tank heat exchanger, external to the storage container, and operable to heat the liquid of the cryogenic medium in the second removal line.
Gustafson teaches a third external heat exchanger arranged in the second removal line, external to the storage container, and operable to heat the liquid form of the cryogenic medium in the second removal line (Fig. 2, liquid tube 220, vaporizer 270; Col. 6, lines 33-50, In this state, in which the primary tank 205 is predominantly filled with liquid cryogen, when the use device 265 demands fuel, liquid cryogen 210 flows through the liquid tube 220 and is transformed into vapor at the vaporizer 270. The resulting vapor leaves the vaporizer 270 and enters the condensing pathway 275 inside the primary tank 205. As the vapor moves through the condensing pathway 275, it may condense and transfer heat to the liquid cryogen 210 in the primary tank 205. The transferred heat causes the cryogen within the primary tank 205 to expand and become less dense. As the heat transfers to the liquid cryogen in primary tank 205, its density decreases and it begins to occupy more volume at a rate that exceeds that at which is being withdrawn as demanded by use device 265. That is, the volume occupied by liquid cryogen within primary tank 205 increases at a rate that exceeds the volumetric withdrawal rate from the primary tank 205. Thus, the primary tank 205 becomes hydraulically full);
a second internal tank heat exchanger arranged in the storage container at the second removal line and operable to heat the liquid form of the cryogenic medium in the storage container (Fig. 2, liquid tube 220, condensing pathway 275, Col. 5, lines 62-64, condensing pathway 275 positioned inside the primary tank 205 in contact with the contents (i.e. the cryogenic fluid) of the primary tank 205; Col. 6, lines 33-50, In this state, in which the primary tank 205 is predominantly filled with liquid cryogen, when the use device 265 demands fuel, liquid cryogen 210 flows through the liquid tube 220 and is transformed into vapor at the vaporizer 270. The resulting vapor leaves the vaporizer 270 and enters the condensing pathway 275 inside the primary tank 205. As the vapor moves through the condensing pathway 275, it may condense and transfer heat to the liquid cryogen 210 in the primary tank 205. The transferred heat causes the cryogen within the primary tank 205 to expand and become less dense. As the heat transfers to the liquid cryogen in primary tank 205, its density decreases and it begins to occupy more volume at a rate that exceeds that at which is being withdrawn as demanded by use device 265. That is, the volume occupied by liquid cryogen within primary tank 205 increases at a rate that exceeds the volumetric withdrawal rate from the primary tank 205. Thus, the primary tank 205 becomes hydraulically full); and
a fourth external heat exchanger arranged in the second removal line downstream of the second internal tank heat exchanger, external to the storage container, and operable to heat the liquid of the cryogenic medium in the second removal line (Fig. 2, vaporizer 230; Fig. 2 of Gustafson depicts vaporizer 230 arranged in the liquid tube 220 downstream of the condensing pathway 275 and external to the primary tank 205; Col 7, lines 28-34, The cryogen passes through the vaporizer 270, is vaporized, and the resulting vapor passes through the condensing pathway 275. The vapor at least partially condenses to a liquid cryogen to transfer heat to the cryogen within the primary tank 205. The cryogen then passes through the relief valve 250, through the withdrawal line 225, through the vaporizer 230, and to the engine 265; Further, the vaporizer 230 of Gustafson has the same structure as the claimed fourth external heat exchanger and is capable of functioning in the manner claimed).
Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the storage system of Bensadoun as modified to include teaches a third external heat exchanger arranged in the second removal line, external to the storage container, and operable to heat the liquid form of the cryogenic medium in the second removal line, a second internal tank heat exchanger arranged in the storage container at the second removal line and operable to heat the liquid form of the cryogenic medium in the storage container, and a fourth external heat exchanger arranged in the second removal line downstream of the second internal tank heat exchanger, external to the storage container, and operable to heat the liquid of the cryogenic medium in the second removal line as taught by Gustafson. One of ordinary skill in the art would have been motivated to make this modification in order to provided sufficient vaporization of the fluid to improve overall system efficiencies.
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Annotated Fig. 2 of Bensadoun
Regarding claim 20, Bensadoun as modified discloses a system (Fig. 2), comprising:
the storage system of claim 19 (see the combination of references used in the rejection of claim 19 above); and
the consumer device that uses the cryogenic medium (see the combination of references used in the rejection of claim 19 above).
Response to Arguments
Applicant's arguments filed December 11th, 2025 have been fully considered but they are not persuasive.
Applicant argues on Pg. 16-17 of the repose, “Applicant respectfully traverses the rejection on the basis that the Office mischaracterizes the disclosure of Bensadoun and this interpretation is unduly broad. Exchanger 28 in Bensadoun does not correspond to the claimed "first internal tank heat exchanger arranged at the first removal line." As described at col. 6, lines 37-45, exchanger 28 receives a heated fluid that "circulates in an exchanger 28 ... in order to add calories to the content of the reservoir. The tapped gaseous flow in circuit 7 does not pass through exchanger 28, nor is exchanger 28 positioned along the path of the first removal line. Rather, exchanger 28 serves to condition the reservoir contents generally, not to heat the gaseous form of the cryogenic medium being removed through the first removal line. Accordingly, exchanger 28 is neither arranged at the first removal line nor operable to heat the cryogenic medium of that line, as required by the claims.” However, this argument is not persuasive as the claims do not require gas from the flow circuit to pas through the first internal heat exchanger or the first internal heat exchanger to be positioned along the path of the first removal line. The claim only requires “a first internal tank heat exchanger arranged in the storage container at the first removal line and operable to heat the liquid form of the cryogenic medium in the storage container” which is disclosed by Bensadoun as exchanger 28 is "at the first removal line" as claimed as the tapping circuit 7 flows into tapping circuit 6 combining and exchanger 28 branches flow off from the combined flow of tapping circuits 6 and 7 to heat the liquid form of the cryogenic medium in the storage container (Bensadoun, Fig. 2; Col. 6, lines 37-40 This heated fluid then circulates in an exchanger 28 located in the reservoir 2 (for example, immersed in the liquid phase) in order to add calories to the content of the 40 reservoir 2). See the rejections of claims 1 and 19 above.
Applicant argues on Pg. 17-18 of the response, “Applicant respectfully traverses the asserted modification based on Witte. The Office characterizes Witte as teaching a first external heat exchanger arranged in a gas supply line (heat exchanger 52) and a second external heat exchanger arranged in a liquid supply line (heat exchanger 62), and asserts that these components would have been used to "replace" Bensadoun's single external heat exchanger. This interpretation is unduly broad. Heat exchangers 52 and 62 in Witte are conventional external heat exchangers located on independent delivery lines downstream of the tank. Witte does not disclose any internal tank heat exchanger, nor does it disclose any heat exchanger that is arranged at a removal line within the storage container. Witte simply provides external heat exchangers associated with separate supply lines and does not teach or suggest any structural or functional relationship corresponding to the internal tank heat exchangers recited in the claims. Furthermore, Witte does not remedy the structural deficiencies of Bensadoun. As discussed above, Bensadoun does not disclose a first internal tank heat exchanger arranged at the first removal line. Likewise, Bensadoun does not disclose a second removal line that is not in fluid-conducting connection with the first removal line, nor does it disclose any internal tank heat exchanger arranged at such a second removal line. Witte provides only external heat exchangers and does not disclose any internal tank heat exchanger or any arrangement of heat exchangers at the respective removal lines. would require a fundamental reconfiguration of Bensadoun's tapping circuitry and thermal management architecture. Witte's heat exchangers 52 and 62 operate on independent supply lines and are not functionally interchangeable with the single conditioning heat exchanger disclosed in Bensadoun. The proposed modification therefore would alter Bensadoun's principle of operation and is not a proper basis for an obviousness rejection. As such, a POSITA would not have been motivated to modify or combine the references as suggested by the Office.” However, this argument is not persuasive as Witte is only being relied upon to show it is known in the art to separately vaporize gas and liquid flow paths of a cryogenic tank in two separate vaporizers on separate flow paths rather than to vaporize the flow in a combined vaporizer (See Fig. 1 of Witte). Further, the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981).
Applicant argues on Pg. 21-22 of the response, “Applicant respectfully traverses the rejection on the basis that the Office mischaracterizes the disclosure of Gustafson and this interpretation is unduly broad and goes well outside the scope of the claims. As described in Gustafson (e.g., Fig. 2; Col. 6, lines 35-43), the liquid tube 220 carries liquid cryogen from the primary tank 205 to a vaporizer 230. The reference explains that liquid 210 is transformed into vapor at vaporizer 230, and the vapor may then flow into a condensing pathway 275, which is routed back into the tank to transfer heat to the tank contents. The condensing pathway 275 is not described as a heat exchanger arranged at a removal line; rather, it is an internal pressure-management and tank-conditioning feature, designed to help maintain appropriate temperature and density conditions within the tank. Gustafson does not disclose an internal tank heat exchanger arranged at a second removal line as required by the claims. Most critically, Gustafson does not disclose a second internal tank heat exchanger arranged in the storage container at the second removal line. The Office identifies "condensing pathway 275" as such an internal heat exchanger. However, condensing pathway 275 is not arranged at a removal line at all, nor does the cryogenic medium being withdrawn for downstream use flow through it. Instead, the reference states that vapor "flows through the condensing pathway 275 ... to transfer heat to the liquid cryogen 210 in the primary tank" (Col. 6, II. 38-43). This structure operates inside the tank to manage tank conditions; it is not part of a fluid-conducting removal line and does not heat the withdrawn cryogenic medium in a manner corresponding to the claimed internal tank heat exchanger. Additionally, neither liquid tube 220 nor vaporizer 230 corresponds to the claimed configuration. Gustafson's vaporizer 230 is positioned outside the primary tank and serves to vaporize liquid being routed outward for downstream use. It does not operate downstream of any internal heat exchanger arranged at a removal line because Gustafson contains no internal heat exchanger at a removal line. The proposed combination by the Office therefore attempts to supply the claimed fourth external heat exchanger before establishing the required internal tank heat exchanger architecture. Because Gustafson does not disclose the claimed internal tank heat exchanger at a removal line, and because neither Bensadoun, Witte, nor Brunner supplies this missing structure.” However, this argument is not persuasive as the condensing pathway 275 explicitly described as a heat exchanger as Gustafson discuses the vapor inside of the condensing pathway exchanging heat with the liquid phase of the cryogen within the tank 205 to simultaneously partially cool the vapor in the condensing pathway 275 while heating the liquid phase of the cryogen inside of the tank (Col. 7, lines 28-34, The cryogen passes through the vaporizer 270, is vaporized, and the resulting vapor passes through the condensing pathway 275. The vapor at least partially condenses to a liquid cryogen to transfer heat to the cryogen within the primary tank 205. The cryogen then passes through the relief valve 250, through the withdrawal line 225, through the vaporizer 230, and to the engine 265). Further, the condensing pathway is explicitly taught to be part of the flow path between the liquid tube 220 and the use device 265 (Col. 7, lines 23-34, The use device 265 (in the form of an engine) begins to draw cryogen from the primary tank 205 through the liquid tube 220. Because the primary tank 205 is full or nearly full of LNG, the hydraulic pressure can feed the fuel to the engine 265. The cryogen passes through the vaporizer 270, is vaporized, and the resulting vapor passes through the condensing pathway 275. The vapor at least partially condenses to a liquid cryogen to transfer heat to the cryogen within the primary tank 205. The cryogen then passes through the relief valve 250, through the withdrawal line 225, through the vaporizer 230, and to the engine 265). Further, the Examiner would like to note, the flow path between liquid tube 220 and use device 265 is explicitly described as a flow path that takes a liquid phase of a cryogen from a tank, heats the liquid phase in a vaporizer (270), cools the gas within the flow path in an internal heat exchanger while heating the liquid cryogen inside of the tank, and is then vaporizes the partially condensed fluid in another heat exchanger that is both downstream of the internal heat exchanger and external to the tank (Col. 7, lines 23-34, The use device 265 (in the form of an engine) begins to draw cryogen from the primary tank 205 through the liquid tube 220. Because the primary tank 205 is full or nearly full of LNG, the hydraulic pressure can feed the fuel to the engine 265. The cryogen passes through the vaporizer 270, is vaporized, and the resulting vapor passes through the condensing pathway 275. The vapor at least partially condenses to a liquid cryogen to transfer heat to the cryogen within the primary tank 205. The cryogen then passes through the relief valve 250, through the withdrawal line 225, through the vaporizer 230, and to the engine 265).
In response to applicant's argument that “Furthermore, the addition of Gustafson does not remedy the deficiencies in the already-proposed combination of Bensadoun, Witte, and Brunner. As previously demonstrated, none of those references discloses an internal tank heat exchanger arranged at a removal line. The asserted second internal tank heat exchanger is also absent from Gustafson. Without such a structure, the required downstream fourth external heat exchanger cannot meaningfully correspond to the claim. A modification cannot supply missing structure by stacking additional unrelated components, and combining Gustafson with the previously cited references would require a significant alteration of their respective operating principles. Gustafson's pressure-management architecture is not designed to cooperate with the flow-control and heating arrangements in Bensadoun, nor with the external supply lines in Witte, nor with the residual-gas conditioning features of Brunner. Applicant respectfully submits that a POSITA, confronted with the respective disclosures of Bensadoun, Witte, Brunner, and Gustafson, would reach the reasonable conclusion that the claimed combination of technical features could not be derived using such disclosures. The basis for a POSITA deriving at the claimed technical solution (which goes against conventional wisdom) provided by Applicant requires a retrospective viewpoint with knowledge derived from the claimed invention itself. When viewed harmoniously, there is no common technical link between Bensadoun, Witte, Brunner, and Gustafson that would yield the claimed invention in a manner appropriate for establishing §103 obviousness. This failure by the asserted prior art, whether alone or in combination, is probative to the issue of patentability and especially represents a fatal flaw in establishing prima facie obviousness under §103.”, the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981).
Applicant’s arguments with respect to claims 1 and 19 specifically in regards to the use of Brunner 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.
The rejections of independent claims 1 and 19 are maintained. The rejections of dependent claims 2-3, 5, 7, 13, and 20 are also maintained for at least the reasons described herein.
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 DEVON T MOORE whose telephone number is 571-272-6555. The examiner can normally be reached M-F, 7:30-5.
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/DEVON MOORE/Examiner, Art Unit 3763 January 08th, 2026
/FRANTZ F JULES/Supervisory Patent Examiner, Art Unit 3763