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 June 04th, 2026 has been entered. Claims 1-15 remain pending in the application. The amendments to the claims have overcome each and every claim objection and 112(b) rejection previously cited in the Non-Final rejection mailed March 04th, 2026. However, the amendment has raised other issues detailed below.
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, 4, 6, and 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Poolman et al. (US 20190360433), hereinafter Poolman in view of Lürken et al. (WO 2012126711), hereinafter Lürken, Viegas et al. (US 20040216469), hereinafter Viegas ‘469, Kubo et al. (US Patent No. 7,921,662), hereinafter Kubo, and Sang (WO 2009056203), hereinafter Sang.
Regarding claim 1, Poolman discloses a gas temperature controlling system for supplying gas and simultaneously controlling temperatures of a containing space via the gas (Fig. 1, transport refrigeration system 200a, refrigerated cargo space 119; Pg. 2, paragraph 33, The gas (i.e. fuel) that powers the engine 150 may be a pressurized gas, for example such as compressed natural gas, propane, or any other pressurized gas known to one of skill in the art. In an embodiment, the gas is compressed natural gas. In another embodiment, the gas is propane. In the illustrated embodiment, the compressed gas to power the engine 150 of the vehicle 102 is stored in a compressed gas tank 220. The engine 150 may be configured to power the vehicle 102 through combustion of the gas; Pg. 3, paragraph 36, The gas from the compressed gas tank 220 must then be decompressed to a low pressure to be consumable by the engine 150. For instance, commonly many tanks store compressed natural gas at around 3600 PSI and then the compressed natural gas must be decompressed to less than about 100 PSI for viable use in natural gas engines. The expansion device 230 is configured to depressurize the compressed gas from the compressed gas tank 220 to an operable pressure suitable for consumption by the engine 150. The expansion device 230 may be composed of a single expansion device or a series of multiple expansion devices. Heat is released during the compression process of the gas, while conversely heat is absorbed during the decompression process. So the decompression process through the expansion device 230 will lower the temperature of the gas and subsequently the evaporator 240 temperature as well. Thus, reduced temperature of the evaporator 240 provides cooling to the refrigerated cargo space 119), the gas temperature controlling system comprising:
an expansion valve configured to allow the gas to flow through to lower a pressure and a temperature of the gas (Fig. 1, expansion valve 230; Pg. 3, paragraph 36, The expansion device 230 is configured to depressurize the compressed gas from the compressed gas tank 220 to an operable pressure suitable for consumption by the engine 150. The expansion device 230 may be composed of a single expansion device or a series of multiple expansion devices. Heat is released during the compression process of the gas, while conversely heat is absorbed during the decompression process. So the decompression process through the expansion device 230 will lower the temperature of the gas and subsequently the evaporator 240 temperature as well);
a temperature controlling module having a heat exchanger configured to be disposed to a respective one of the multiple containing spaces (Fig. 1, evaporator 240; Pg. 3, paragraph 36, Thus, reduced temperature of the evaporator 240 provides cooling to the refrigerated cargo space 119); and
wherein the gas temperature controlling system is configured for the gas to flow through the expansion valve and said temperature controlling module to an outlet pipeline and then to an engine (Fig. 1, engine line 154, engine 150; Pg. 3, paragraph 35, The compressed gas tank 220 is configured to store compressed gas. The expansion device 230 is fluidly connected to the compressed gas tank 220 through a tank line 224. The evaporator 240 is fluidly connected to the expansion device 230 at the evaporator inlet 242 through an evaporator line 232. The engine 150 is fluidly connected to the evaporator 240 at the evaporator outlet 244 through engine line 154).
However, Poolman as modified does not disclose multiple temperature controlling modules, and each one of the multiple temperature controlling modules having
a control valve configured to allow the gas from the expansion valve to flow through;
the heat exchanger connected to the control valve
a thermal sensor configured to be disposed in a respective one of the multiple containing spaces and measure the temperature of the corresponding containing space; and
a control unit electrically connected to the control valve and the thermal sensor of each one of the multiple temperature controlling modules;
the control unit stores a target information indicative of a target temperature of each one of the multiple containing spaces and is configured to receive a temperature information indicative of a current temperature of the corresponding containing space from the thermal sensor; and
the control unit is configured to determine a difference between the current temperature and the target temperature of at least one of the multiple containing spaces and to actuate the control valve to lead the hydrogen gas to the heat exchanger so as to exchange heat with the at least one containing space.
Lürken teaches a gas temperature controlling system controlling temperatures of multiple containing spaces via the gas (Fig. 1, chambers 1 and 2), the gas temperature controlling system comprising:
multiple temperature controlling modules (See annotated Fig. 1 of Lürken below, multiple temperature controlling modules A), and each one of the multiple temperature controlling modules having
a control valve configured to allow the gas to flow through (Fig. 1, nitrogen valves 31);
the heat exchanger connected to the control valve (Fig. 1 of Lürken depicts third heat exchangers 23 to be connected to nitrogen valves 31);
a thermal sensor configured to be disposed in a respective one of the multiple containing spaces and measure the temperature of the corresponding containing space (Fig. 1, temperature sensor unit 26; Pg. 14, lines 9-14, This refrigerating or heating capacity is in this case controlled by an automatic control unit 15 which obtains information data on the current temperature in the chambers from a sensor unit 26 via control lines 16 and balances this information data with stipulated desired temperatures); and
a control unit electrically connected to the control valve and the thermal sensor of each one of the multiple temperature controlling modules (Fig. 1, automatic control unit 15; Pg. 14, lines 9-21, This refrigerating or heating capacity is in this case controlled by an automatic control unit 15 which obtains information data on the current temperature in the chambers from a sensor unit 26 via control lines 16 and balances this information data with stipulated desired temperatures. Furthermore, the automatic control unit 15 is connected via the control lines 16 to the main valve 12, the shut-off valves 13, the refrigeration circuit valves 14 and the nitrogen valves 31 and can open and closes these in such a way that the refrigeration system can assume various operating states for refrigerating and/or heating the chambers 1, 2, while desired temperatures can be set in the two chambers 1, 2);
the control unit stores a target information indicative of a target temperature of each one of the multiple containing spaces and is configured to receive a temperature information indicative of a current temperature of the corresponding containing space from the thermal sensor (Pg. 14, lines 9-14, This refrigerating or heating capacity is in this case controlled by an automatic control unit 15 which obtains information data on the current temperature in the chambers from a sensor unit 26 via control lines 16 and balances this information data with stipulated desired temperatures.); and
the control unit is configured to determine a difference between the current temperature and the target temperature of at least one of the multiple containing spaces and to actuate the control valve to lead the hydrogen gas to the heat exchanger so as to exchange heat with the at least one containing space (Pg. 14, lines 9-21, This refrigerating or heating capacity is in this case controlled by an automatic control unit 15 which obtains information data on the current temperature in the chambers from a sensor unit 26 via control lines 16 and balances this information data with stipulated desired temperatures. Furthermore, the automatic control unit 15 is connected via the control lines 16 to the main valve 12, the shut-off valves 13, the refrigeration circuit valves 14 and the nitrogen valves 31 and can open and closes these in such a way that the refrigeration system can assume various operating states for refrigerating and/or heating the chambers 1, 2, while desired temperatures can be set in the two chambers 1, 2).
Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the gas temperature controlling system of Poolman of claim 1 to include multiple containing spaces, multiple temperature controlling modules having control valves and thermal sensors, and a control unit that stores a target information indicative of a target temperature of each one of the multiple containing spaces and is configured to receive a temperature information indicative of a current temperature of the corresponding containing space from the thermal sensor, and the control unit is configured to determine a difference between the current temperature and the target temperature of at least one of the multiple containing spaces and to actuate the control valve to lead the hydrogen gas to the heat exchanger so as to exchange heat with the at least one containing space as taught by Lürken. One of ordinary skill in the art would have been motivated to make this modification to allow for delivery to foodstuff markers and the like having two or more chambers at different desired temperatures (Lürken, Pg. 17, lines 23-28).
Further, Poolman as modified does not disclose the control unit to store a range information indicative of a range of temperature difference and determine that the difference between the current temperature and the target temperature of at least one of the multiple containing spaces is within the range of temperature difference to actuate the control valve to allow the hydrogen gas to flow through the heat exchanger so as to exchange heat with the at least one containing space.
Viegas ‘469 teaches a cryogenic control apparatus to maintain a temperature of a conditioned space within a desired range surrounding a predetermined set point temperature (Pg. 6, paragraph 57, After the cryogenic temperature control apparatus 210 pulls down the temperature of the conditioned space 216 to a predetermined set point temperature, the cryogenic temperature control apparatus 210 can maintain the temperature of the conditioned space 216 within a desired range surrounding the predetermined set point temperature. Alternatively, the cryogenic temperature control apparatus 210 can be moved to a new location to pull down the temperature of another conditioned space (not shown)).
Therefore, it would have been obvious before the effective filing date of the claimed invention to reprogram the controller of Poolman as modified to store a range information indicative of a range of temperature difference and determine that the difference between the current temperature and the target temperature of at least one of the multiple containing spaces is within the range of temperature difference to actuate the control valve to allow the hydrogen gas to flow through the heat exchanger so as to exchange heat with the at least one containing space as taught by Viegas ‘469. One of ordinary skill in the art would have been motivated to make this modification to minimize the frequency of valve actuation to improve overall system efficiencies.
However, Poolman as modified does not disclose the gas to be hydrogen or the engine to be a fuel cell.
Poolman as modified does disclose any other known pressurized gas can be used as fuel for the engine (Poolman, Pg. 2, paragraph 33, The gas (i.e. fuel) that powers the engine 150 may be a pressurized gas, for example such as compressed natural gas, propane, or any other pressurized gas known to one of skill in the art).
Kubo taches hydrogen to be used for both heat transfer in heat exchangers and for fuel of a hydrogen fuel cell (Fig. 1, fuel cell 12; Col. 1, lines 8-15, The present invention relates to a hydrogen tank cooling device and cooling method in a hydrogen fuel automobile, and a hydrogen fuel automobile. In particular, the present invention relates to a technology for allowing a hydrogen tank to be filled with hydrogen in a short period of time in comparison with the prior art in a hydrogen fuel automobile in which a hydrogen tank having a hydrogen storage material inside and an air cooling apparatus are mounted; Col. 5, lines 47-51, A fuel cell 12 is formed as, for example, a solid polymer type fuel cell where hydrogen supplied from the hydrogen tanks 13 reacts with oxygen in air supplied from an air compressor 18, so that electrical energy of a direct current (direct current power) is generated).
Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the system of Poolman as modified to use hydrogen as the gas in combination with a hydrogen fuel cell taught by Kudo. One of ordinary skill in the art would have been motivated to make this modification for the purpose of reducing carbon dioxide discharged from vehicles (Kudo, Col. 1, lines 23-24).
Additionally, Poolman as modified does not disclose the control valve has two outlets; one of the two outlets allows the hydrogen gas to flow through the heat exchanger to the outlet pipeline, and the other one of the two outlets allows the hydrogen gas to bypass the heat exchanger to the outlet pipeline.
Sang teaches the control valve has two outlets; one of the two outlets allows the hydrogen gas to flow through the heat exchanger to the outlet pipeline, and the other one of the two outlets allows the hydrogen gas to bypass the heat exchanger to the outlet pipeline (Fig. 1, bypass device 12, apparatus 16, first sub-branch 14, second sub-branch 15, charge air cooler 9, fuel cell 2; Pg. 5, The fuel cell system 1 additionally comprises a bypass device 12, which constitutes a line system connected parallel to the cathode branch 6. The bypass device-12 branches off from the cathode branch 6, in particular the feed line 7, at the branch point 13 between the compressor 8 and the charge air cooler 9. An apparatus for reducing the flow cross section, in particular a valve, may be arranged at the branch point 13. The bypass device 12 comprises a first sub-branch 14 and a second sub-branch 15. The first sub-branch 14 and the second sub-branch 15 branch off from an apparatus 16 for reducing the flow cross section. The apparatus 16 is designed in the exemplary embodiment as a 3-way valve. The first sub-branch 14 leads into the cathode branch 6, in particular the feed line 7, at the junction 17 between the charge air cooler 9 and the humidifier 10. The second sub-branch 15 leads into the cathode branch 6, in particular the feed line 7, at the junction 18 between the humidifier 1 0 and the fuel cell 2).
Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the system of Poolman as modified wherein the control valve has two outlets; one of the two outlets allows the hydrogen gas to flow through the heat exchanger to the outlet pipeline, and the other one of the two outlets allows the hydrogen gas to bypass the heat exchanger to the outlet pipeline as taught by Sang. One of ordinary skill in the art would have been motivated to make this modification to provide the possibility of connecting the energy present in the process air stream after the compression process directly, i.e. without heat transfer for example into the cooling water (in the case of an air/water charge air cooler) or to the surrounding environment (in the case of an air/air charge air cooler), for quicker thawing and/or heating of the components of the cathode branch and of the fuel cell stack or the fuel cell (Sang, Pg. 6).
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Annotated Fig. 1 of Lürken
Regarding claim 2, Poolman as modified discloses the hydrogen temperature controlling system as claimed in claim 1 (see the combination of references used in the rejection of claim 1 above),
wherein the expansion valve and the outlet pipeline are sequentially connected in series (Poolman, Fig. 1 depicts expansion valve 240 and engine line 154 to be sequentially connected in series).
However, Poolman as modified does not disclose wherein the expansion valve, said control valves of the multiple temperature controlling modules, and the outlet pipeline are sequentially connected in series to allow the hydrogen gas to sequentially flow through said control valves of the multiple temperature controlling modules and the outlet pipeline without flowing through the heat exchanger of any one of the multiple temperature controlling modules or to allow the hydrogen gas to flow through the control valve and the heat exchanger of one of the multiple temperature controlling modules and the outlet pipeline after the hydrogen gas flows through the expansion valve.
Kudo teaches control valves of temperature controlling modules to be disposed in series with an inlet and an outlet pipeline of a heat medium to allow the cooling fluid to sequentially flow through said control valves of the multiple temperature controlling modules and the outlet pipeline without flowing through the heat exchanger of any one of the multiple temperature controlling modules or to allow the heat medium to flow through the control valve and the heat exchanger of one of the multiple temperature controlling modules and the outlet pipeline after the heat medium flows through the inlet pipeline (Fig. 1, second electromagnetic three way valves 29, second heat exchanger portions 16b, heat medium passage 16; Col. 6, lines 55-64, Each second electromagnetic three way valve 29 is formed in such a manner that it is possible to switch between a first state where heat medium flowing through the main flow portion 16c can only go to the inlet of the second heat exchanging portion 16b corresponding to the same second electromagnetic three way valve 29 and a second state where heat medium flowing through the main flow portion 16c can only go downstream from the main flow portion 16c instead of to the inlet of the second heat exchanging portion 16b).
Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the hydrogen temperature controlling system of Poolman as modified wherein the expansion valve, said control valves of the multiple temperature controlling modules, and the outlet pipeline are sequentially connected in series to allow the hydrogen gas to sequentially flow through said control valves of the multiple temperature controlling modules and the outlet pipeline without flowing through the heat exchanger of any one of the multiple temperature controlling modules or to allow the hydrogen gas to flow through the control valve and the heat exchanger of one of the multiple temperature controlling modules and the outlet pipeline after the hydrogen gas flows through the expansion valve as taught by Kudo. One of ordinary skill in the art would have been motivated to make this modification to allow for flexibility in the flow of the hydrogen gas to provide several modes of operation.
Regarding claim 4, Poolman as modified discloses the hydrogen temperature controlling system
as claimed in claim 2 (see the combination of references used in the rejection of claim 2 above).
However, Poolman as modified does not disclose wherein
said heat exchangers of the multiple temperature controlling modules and the outlet pipeline are sequentially connected in series;
said heat exchangers of adjacent two of the multiple temperature controlling modules are connected to each other via a three-way pipe; and
the three-way pipe is connected to an exit of one of the two heat exchangers, an entrance of the other one of the two heat exchangers, and the control valve corresponding to the other one of the two heat exchangers.
Kudo teaches wherein
said heat exchangers of the multiple temperature controlling modules and the outlet pipeline are sequentially connected in series (Fig. 1, second heat exchanging portions 16b are connected in series when the second electromagnetic three way valve 29 are in the first state; Col. 6, lines 55-64, Each second electromagnetic three way valve 29 is formed in such a manner that it is possible to switch between a first state where heat medium flowing through the main flow portion 16c can only go to the inlet of the second heat exchanging portion 16b corresponding to the same second electromagnetic three way valve 29 and a second state where heat medium flowing through the main flow portion 16c can only go downstream from the main flow portion 16c instead of to the inlet of the second heat exchanging portion 16b);
said heat exchangers of adjacent two of the multiple temperature controlling modules are connected to each other via a three-way pipe (See annotated Fig. 1 of Kudo below, three-way pipe B connects the second heat exchanging portions 16b in series); and
the three-way pipe is connected to an exit of one of the two heat exchangers, an entrance of the other one of the two heat exchangers, and the control valve corresponding to the other one of the two heat exchangers (See annotated Fig. 1 of Kudo below, three-way pipe B is connected to an exit of the upstream second heat exchanging portion 16b and an entrance of the downstream second heat exchanging portion 16b via second electromagnetic three way valve 29).
Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the hydrogen temperature controlling system of Poolman as modified wherein said heat exchangers of the multiple temperature controlling modules and the outlet pipeline are sequentially connected in series; said heat exchangers of adjacent two of the multiple temperature controlling modules are connected to each other via a three-way pipe; and the three-way pipe is connected to an exit of one of the two heat exchangers, an entrance of the other one of the two heat exchangers, and the control valve corresponding to the other one of the two heat exchangers as taught by Kudo. One of ordinary skill in the art would have been motivated to make this modification to allow for flexibility in the flow of the hydrogen gas to provide several modes of operation.
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Annotated Fig. 1 of Kudo
Regarding claim 6, Poolman as modified discloses the hydrogen temperature controlling system as claimed in claim 1 (see the combination of references used in the rejection of claim 1 above),
each one of the multiple temperature controlling modules has at least one fan (Poolman, Fig. 1, fan 250); and
the at least one fan is disposed near the corresponding heat exchanger and is configured to generate convection in the corresponding containing space (Poolman, Pg. 3, paragraph 36, The cooling may be provided to the refrigerated cargo space 119 through thermal conduction or convection. The transport refrigeration system 200a may include a fan 250 to aid in the convection cooling process. The fan 250 is operative to pass air across the evaporator 240 and cool the refrigerated cargo space 119).
Claims 3 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Poolman as modified by Lürken, Viegas ‘469, Kubo, and Sang as applied to claims 2 and 4 above, respectively, and further in view of Check Valves in LNG Cryogenic Service, hereinafter NPL-1.
Regarding claim 3, Poolman as modified discloses the hydrogen temperature controlling system
as claimed in claim 2 (see the combination of references used in the rejection of claim 2 above).
However, Poolman as modified does not disclose wherein the hydrogen temperature controlling system has multiple first check valves; and
each one of the multiple first check valves is disposed between said control valves of adjacent two of the multiple temperature controlling modules or between the control valve of a respective one of the multiple temperature controlling modules and the outlet pipeline.
NPL-1 teaches the use of check valves in cryogenic flow paths are widely known to prevent the reversal of fluid flow to minimize equipment damage.
Further, it is noted there are only a finite number of ways to arrange check valves within the hydrogen temperature controlling system. The following finite arrangements including: between the storage tank and the expansion valve, between the expansion valve and the control valve, between said control valves of adjacent two of the multiple temperature controlling modules, between the control valve of a respective one of the multiple temperature controlling modules and the outlet pipeline, between an exit of a heat exchanger of the multiple temperature controlling modules and the three-way pipe, or between the three-way pipe and the fuel cell. 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 modify the hydrogen temperature controlling system to include multiple first check valves and choose an arrangement where each one of the multiple first check valves is disposed between said control valves of adjacent two of the multiple temperature controlling modules or between the control valve of a respective one of the multiple temperature controlling modules and the outlet pipeline for the purpose of directing the hydrogen gas in a single direction and preventing its reversal (NPL-1, “HOW AND WHY ARE THEY USED”).
Regarding claim 5, Poolman as modified discloses the hydrogen temperature controlling system
as claimed in claim 4 (see the combination of references used in the rejection of claim 4 above).
However, Poolman as modified does not disclose wherein the hydrogen temperature controlling system has multiple second check valves; and
each one of the multiple second check valves is disposed between said heat exchangers of adjacent two of the multiple temperature controlling modules or between the heat exchanger of a respective one of the multiple temperature controlling modules and the outlet pipeline.
NPL-1 teaches the use of check valves in cryogenic flow paths are widely known to prevent the reversal of fluid flow to minimize equipment damage.
Further, it is noted there are only a finite number of ways to arrange check valves within the hydrogen temperature controlling system. The following finite arrangements including: between the storage tank and the expansion valve, between the expansion valve and the control valve, between said control valves of adjacent two of the multiple temperature controlling modules, between the control valve of a respective one of the multiple temperature controlling modules and the outlet pipeline, between an exit of a heat exchanger of the multiple temperature controlling modules and the three-way pipe, or between the three-way pipe and the fuel cell. 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 modify the hydrogen temperature controlling system to include multiple second check valves and to choose an arrangement where each one of the multiple second check valves is disposed between said heat exchangers of adjacent two of the multiple temperature controlling modules or between the heat exchanger of a respective one of the multiple temperature controlling modules and the outlet pipeline for the purpose of directing the hydrogen gas in a single direction and preventing its reversal (NPL-1, “HOW AND WHY ARE THEY USED”).
Claims 7, 8, 10, and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Poolman as modified by Lürken, Viegas ‘469, Kubo, and Sang as applied to claims 1 above, and further in view of Viegas (US 20090266100), hereinafter Viegas.
Regarding claim 7 Poolman as modified discloses a refrigerated containing device (Poolman, Fig. 1, transport refrigeration system 200a) comprising:
the hydrogen temperature controlling system as claimed in claim 1 (see the combination of references used in the rejection of claim 1 above);
a container having the multiple containing spaces disposed therein (Lürken, Fig. 2, vehicle 18);
a storage tank configured to store the hydrogen gas and supply the hydrogen gas to the expansion valve of the hydrogen temperature controlling system (Poolman, Fig. 1, compressed gas tank 220);
the fuel cell configured to receive the hydrogen gas from the outlet pipeline of the hydrogen temperature controlling system and generate electricity (Kudo, Fig. 1, fuel cell 12; Col. 1, lines 8-15, The present invention relates to a hydrogen tank cooling device and cooling method in a hydrogen fuel automobile, and a hydrogen fuel automobile. In particular, the present invention relates to a technology for allowing a hydrogen tank to be filled with hydrogen in a short period of time in comparison with the prior art in a hydrogen fuel automobile in which a hydrogen tank having a hydrogen storage material inside and an air cooling apparatus are mounted; Col. 5, lines 47-51, A fuel cell 12 is formed as, for example, a solid polymer type fuel cell where hydrogen supplied from the hydrogen tanks 13 reacts with oxygen in air supplied from an air compressor 18, so that electrical energy of a direct current (direct current power) is generated);
However, Poolman as modified does not disclose an actuator configured to operate with the electricity generated by the fuel cell; and
a refrigeration system being drivable by the actuator to cool an interior of the container.
Viegas teaches an actuator configured to operate with the electricity generated by the fuel cell (Fig. 1, refrigeration system 14, Fig. 4, battery 112; Pg. 3, paragraph 29, The refrigeration system 14, 14A also includes a battery 112, shown schematically in FIG. 4. The battery 112 could be charged by an engine 109 and alternator. The battery 112 could additionally be charged by, for example, the tractor 10A, a fuel cell, a fossil fuel powered generator set, and the like in any combination or individually. If a fuel cell were employed, then the engine 109 would not be necessary. The battery 112 supplies power to the fans 74, a controller 102, heater fluid pump 87, diesel-fired heater, and other power consuming elements. Additionally, if it has a large enough capacity, the battery 112 may supply power to an electric motor 118, such as the electric motor that runs the compressor 120 or the vapor compression circuit 47); and
a refrigeration system being drivable by the actuator to cool an interior of the container (Fig. 1, vapor compression circuit 47; Pg. 1, paragraph 14, As shown in FIG. 2, the refrigeration system 14 includes a first refrigeration circuit 47. The first refrigeration circuit 47 is a typical vapor compression circuit, such as a R404A system, including a cascade heat exchanger 49 in thermal communication with a second refrigeration circuit 48 to cool and condense at least a portion of a cryogenic refrigerant contained within the second refrigeration circuit 48. The cascade heat exchanger 49 evaporates a refrigerant of the first refrigeration circuit 47 at a temperature of about -20 degrees Fahrenheit; Pg. 3, paragraph 29, The refrigeration system 14, 14A also includes a battery 112, shown schematically in FIG. 4. The battery 112 could be charged by an engine 109 and alternator. The battery 112 could additionally be charged by, for example, the tractor 10A, a fuel cell, a fossil fuel powered generator set, and the like in any combination or individually. If a fuel cell were employed, then the engine 109 would not be necessary. The battery 112 supplies power to the fans 74, a controller 102, heater fluid pump 87, diesel-fired heater, and other power consuming elements. Additionally, if it has a large enough capacity, the battery 112 may supply power to an electric motor 118, such as the electric motor that runs the compressor 120 or the vapor compression circuit 47).
Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the hydrogen temperature controlling system of Poolman as modified to include an actuator and a refrigeration system powered by a fuel cell as taught by Viegas. One of ordinary skill in the art would have been motivated to make this modification to reduce carbon emissions discharged by vehicles.
Regarding claim 8, Poolman as modified discloses the refrigerated containing device as claimed in claim 7, (see the combination of references used in the rejection of claim 7 above),
wherein the expansion valve and the outlet pipeline are sequentially connected in series (Poolman, Fig. 1 depicts expansion valve 240 and engine line 154 to be sequentially connected in series).
However, Poolman as modified does not disclose wherein the expansion valve, said control valves of the multiple temperature controlling modules, and the outlet pipeline are sequentially connected in series to allow the hydrogen gas to sequentially flow through said control valves of the multiple temperature controlling modules and the outlet pipeline without flowing through the heat exchanger of any one of the multiple temperature controlling modules or to allow the hydrogen gas to flow through the control valve and the heat exchanger of one of the multiple temperature controlling modules and the outlet pipeline after the hydrogen gas flows through the expansion valve.
Kudo teaches control valves of temperature controlling modules to be disposed in series with an inlet and an outlet pipeline of a heat medium to allow the cooling fluid to sequentially flow through said control valves of the multiple temperature controlling modules and the outlet pipeline without flowing through the heat exchanger of any one of the multiple temperature controlling modules or to allow the heat medium to flow through the control valve and the heat exchanger of one of the multiple temperature controlling modules and the outlet pipeline after the heat medium flows through the inlet pipeline (Fig. 1, second electromagnetic three way valves 29, second heat exchanger portions 16b, heat medium passage 16; Col. 6, lines 55-64, Each second electromagnetic three way valve 29 is formed in such a manner that it is possible to switch between a first state where heat medium flowing through the main flow portion 16c can only go to the inlet of the second heat exchanging portion 16b corresponding to the same second electromagnetic three way valve 29 and a second state where heat medium flowing through the main flow portion 16c can only go downstream from the main flow portion 16c instead of to the inlet of the second heat exchanging portion 16b).
Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the refrigerated containing device of Poolman as modified wherein the expansion valve, said control valves of the multiple temperature controlling modules, and the outlet pipeline are sequentially connected in series to allow the hydrogen gas to sequentially flow through said control valves of the multiple temperature controlling modules and the outlet pipeline without flowing through the heat exchanger of any one of the multiple temperature controlling modules or to allow the hydrogen gas to flow through the control valve and the heat exchanger of one of the multiple temperature controlling modules and the outlet pipeline after the hydrogen gas flows through the expansion valve as taught by Kudo. One of ordinary skill in the art would have been motivated to make this modification to allow for flexibility in the flow of the hydrogen gas to provide several modes of operation.
Regarding claim 10, Poolman as modified discloses the refrigerated containing device as
claimed in claim 8 (see the combination of references used in the rejection of claim 8 above).
However, Poolman as modified does not disclose wherein
said heat exchangers of the multiple temperature controlling modules and the outlet pipeline are sequentially connected in series;
said heat exchangers of adjacent two of the multiple temperature controlling modules are connected to each other via a three-way pipe; and
the three-way pipe is connected to an exit of one of the two heat exchangers, an entrance of the other one of the two heat exchangers, and the control valve corresponding to the other one of the two heat exchangers.
Kudo teaches wherein
said heat exchangers of the multiple temperature controlling modules and the outlet pipeline are sequentially connected in series (Fig. 1, second heat exchanging portions 16b are connected in series when the second electromagnetic three way valve 29 are in the first state; Col. 6, lines 55-64, Each second electromagnetic three way valve 29 is formed in such a manner that it is possible to switch between a first state where heat medium flowing through the main flow portion 16c can only go to the inlet of the second heat exchanging portion 16b corresponding to the same second electromagnetic three way valve 29 and a second state where heat medium flowing through the main flow portion 16c can only go downstream from the main flow portion 16c instead of to the inlet of the second heat exchanging portion 16b);
said heat exchangers of adjacent two of the multiple temperature controlling modules are connected to each other via a three-way pipe (See annotated Fig. 1 of Kudo below, three-way pipe B connects the second heat exchanging portions 16b in series); and
the three-way pipe is connected to an exit of one of the two heat exchangers, an entrance of the other one of the two heat exchangers, and the control valve corresponding to the other one of the two heat exchangers (See annotated Fig. 1 of Kudo below, three-way pipe B is connected to an exit of the upstream second heat exchanging portion 16b and an entrance of the downstream second heat exchanging portion 16b via second electromagnetic three way valve 29).
Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the refrigerated containing device of Poolman as modified wherein said heat exchangers of the multiple temperature controlling modules and the outlet pipeline are sequentially connected in series; said heat exchangers of adjacent two of the multiple temperature controlling modules are connected to each other via a three-way pipe; and the three-way pipe is connected to an exit of one of the two heat exchangers, an entrance of the other one of the two heat exchangers, and the control valve corresponding to the other one of the two heat exchangers as taught by Kudo. One of ordinary skill in the art would have been motivated to make this modification to allow for flexibility in the flow of the hydrogen gas to provide several modes of operation.
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Annotated Fig. 1 of Kudo
Regarding claim 12, Poolman as modified discloses the refrigerated containing device as
claimed in claim 7 (see the combination of references used in the rejection of claim 7 above),
each one of the multiple temperature controlling modules has at least one fan (Poolman, fan 250); and
the at least one fan is disposed near the corresponding heat exchanger and is configured to generate convection in the corresponding containing space (Poolman, Pg. 3, paragraph 36, The cooling may be provided to the refrigerated cargo space 119 through thermal conduction or convection. The transport refrigeration system 200a may include a fan 250 to aid in the convection cooling process. The fan 250 is operative to pass air across the evaporator 240 and cool the refrigerated cargo space 119).
Claims 9 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Poolman as modified by Lürken, Viegas ‘469, Kubo, Sang, and Viegas as applied to claims 8 and 10 above, respectively, and further in view of Check Valves in LNG Cryogenic Service, hereinafter NPL-1.
Regarding claim 9, Poolman as modified discloses the refrigerated containing device as claimed in claim 8 (see the combination of references used in the rejection of claim 8 above).
However, Poolman as modified does not disclose wherein the hydrogen temperature controlling system has multiple first check valves; and
each one of the multiple first check valves is disposed between said control valves of adjacent two of the multiple temperature controlling modules or between the control valve of a respective one of the multiple temperature controlling modules and the outlet pipeline.
NPL-1 teaches the use of check valves in cryogenic flow paths are widely known to prevent the reversal of fluid flow to minimize equipment damage.
Further, it is noted there are only a finite number of ways to arrange check valves within the hydrogen temperature controlling system. The following finite arrangements including: between the storage tank and the expansion valve, between the expansion valve and the control valve, between said control valves of adjacent two of the multiple temperature controlling modules, between the control valve of a respective one of the multiple temperature controlling modules and the outlet pipeline, between an exit of a heat exchanger of the multiple temperature controlling modules and the three-way pipe, or between the three-way pipe and the fuel cell. 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 modify the hydrogen temperature controlling system to include multiple first check valves and to choose an arrangement where each one of the multiple first check valves is disposed between said control valves of adjacent two of the multiple temperature controlling modules or between the control valve of a respective one of the multiple temperature controlling modules and the outlet pipeline for the purpose of directing the hydrogen gas in a single direction and preventing its reversal (NPL-1, “HOW AND WHY ARE THEY USED”).
Regarding claim 11, Poolman as modified discloses the refrigerated containing device as claimed
in claim 10 (see the combination of references used in the rejection of claim 10 above).
However, Poolman as modified does not disclose wherein the hydrogen temperature controlling system has multiple second check valves; and
each one of the multiple second check valves is disposed between said heat exchangers of adjacent two of the multiple temperature controlling modules or between the heat exchanger of a respective one of the multiple temperature controlling modules and the outlet pipeline.
NPL-1 teaches the use of check valves in cryogenic flow paths are widely known to prevent the reversal of fluid flow to minimize equipment damage.
Further, it is noted there are only a finite number of ways to arrange check valves within the hydrogen temperature controlling system. The following finite arrangements including: between the storage tank and the expansion valve, between the expansion valve and the control valve, between said control valves of adjacent two of the multiple temperature controlling modules, between the control valve of a respective one of the multiple temperature controlling modules and the outlet pipeline, between an exit of a heat exchanger of the multiple temperature controlling modules and the three-way pipe, or between the three-way pipe and the fuel cell. 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 modify the hydrogen temperature controlling system to include multiple second check valves and to choose an arrangement where each one of the multiple second check valves is disposed between said heat exchangers of adjacent two of the multiple temperature controlling modules or between the heat exchanger of a respective one of the multiple temperature controlling modules and the outlet pipeline for the purpose of directing the hydrogen gas in a single direction and preventing its reversal (NPL-1, “HOW AND WHY ARE THEY USED”).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Poolman as modified by Lürken, Viegas ‘469, Kubo, Sang, and Viegas as applied to claim 7 above, and further in view of FRANKIA PILOTE GMBH & CO KG (DE 202005017225), hereinafter Frankia.
Regarding claim 13, Poolman as modified discloses the refrigerated containing device as claimed in claim 7, (see the combination of references used in the rejection of claim 7 above),
wherein the container has walls (Poolman, Fig. 1, top wall 108, bottom wall 110, side walls 112, front wall 114, rear wall 116).
However, Poolman as modified does not disclose wherein the container has an internal wall and an external wall arranged at a spaced interval;
the heat exchanger of each one of the temperature controlling modules is disposed between the internal wall and the external wall and has a heat exchanging pipeline attached to the internal wall; and
the container has a thermal insulating material filled between the internal wall and the external wall.
Frankia teaches wherein the container has an internal wall and an external wall arranged at a spaced interval (Fig. 5, interior panel 15, exterior panel 14);
the heat exchanger of each one of the temperature controlling modules is disposed between the internal wall and the external wall and has a heat exchanging pipeline attached to the internal wall (Fig. 5, fluid channels 18); and
the container has a thermal insulating material filled between the internal wall and the external wall (Fig. 5, insulating layer 13).
Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the refrigerated containing device of Poolman as modified wherein the container has an internal wall and an external wall arranged at a spaced interval; the heat exchanger of each one of the temperature controlling modules is disposed between the internal wall and the external wall and has a heat exchanging pipeline attached to the internal wall; and the container has a thermal insulating material filled between the internal wall and the external wall as taught by Frankia. One of ordinary skill in the art would have been motivated to make this modification in order to reduce thermal losses within the refrigerated containing space to improve overall system efficiencies.
Claims 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Poolman et al. (US 20190360433), hereinafter Poolman in view of Lürken et al. (WO 2012126711), hereinafter Lürken, Viegas et al. (US 20040216469), hereinafter Viegas ‘469, and Kubo et al. (US Patent No. 7,921,662), hereinafter Kubo.
Regarding claim 14, Poolman discloses a divisional temperature controlling method for a refrigerated containing device (Fig. 1, transport refrigeration system 200a; Pg. 2, paragraph 33, The gas (i.e. fuel) that powers the engine 150 may be a pressurized gas, for example such as compressed natural gas, propane, or any other pressurized gas known to one of skill in the art. In an embodiment, the gas is compressed natural gas. In another embodiment, the gas is propane. In the illustrated embodiment, the compressed gas to power the engine 150 of the vehicle 102 is stored in a compressed gas tank 220. The engine 150 may be configured to power the vehicle 102 through combustion of the gas; Pg. 3, paragraph 36, The gas from the compressed gas tank 220 must then be decompressed to a low pressure to be consumable by the engine 150. For instance, commonly many tanks store compressed natural gas at around 3600 PSI and then the compressed natural gas must be decompressed to less than about 100 PSI for viable use in natural gas engines. The expansion device 230 is configured to depressurize the compressed gas from the compressed gas tank 220 to an operable pressure suitable for consumption by the engine 150. The expansion device 230 may be composed of a single expansion device or a series of multiple expansion devices. Heat is released during the compression process of the gas, while conversely heat is absorbed during the decompression process. So the decompression process through the expansion device 230 will lower the temperature of the gas and subsequently the evaporator 240 temperature as well. Thus, reduced temperature of the evaporator 240 provides cooling to the refrigerated cargo space 119) comprising the following steps:
allowing gas to flow through an expansion valve to lower a pressure and a temperature of the gas (Fig. 1, expansion valve 230; Pg. 3, paragraph 36, The expansion device 230 is configured to depressurize the compressed gas from the compressed gas tank 220 to an operable pressure suitable for consumption by the engine 150. The expansion device 230 may be composed of a single expansion device or a series of multiple expansion devices. Heat is released during the compression process of the gas, while conversely heat is absorbed during the decompression process. So the decompression process through the expansion device 230 will lower the temperature of the gas and subsequently the evaporator 240 temperature as well);
a first containing space inside a container (Fig. 1, refrigerated cargo space 119, top wall 108, bottom wall 110, side walls 112, front wall 114, rear wall 116);
allowing the gas to flow a first heat exchanger to exchange heat with the first containing space via the first heat exchanger and then to an engine (Fig. 1, evaporator 240, engine line 154, engine 150; Pg. 3, paragraph 35, The compressed gas tank 220 is configured to store compressed gas. The expansion device 230 is fluidly connected to the compressed gas tank 220 through a tank line 224. The evaporator 240 is fluidly connected to the expansion device 230 at the evaporator inlet 242 through an evaporator line 232. The engine 150 is fluidly connected to the evaporator 240 at the evaporator outlet 244 through engine line 154; Pg. 3, paragraph 36, Thus, reduced temperature of the evaporator 240 provides cooling to the refrigerated cargo space 119).
However, Poolman does not disclose measuring a current temperature of each one of a first containing space and a second containing space inside a container;
determining a difference between the current temperature and a target temperature of at least one of the first containing space and the second containing space;
actuating at least one of a first control valve and a second control valve to allow the gas to flow through at least one of a first heat exchanger and a second heat exchanger so as to exchange heat with the at least one of the first containing space and the second containing space via the at least one of the first heat exchanger and the second heat exchanger.
Lürken teaches measuring a current temperature of each one of a first containing space and a second containing space inside a container (Fig. 1, chambers 1 and 2, temperature sensor unit 26; Pg. 14, lines 9-14, This refrigerating or heating capacity is in this case controlled by an automatic control unit 15 which obtains information data on the current temperature in the chambers from a sensor unit 26 via control lines 16 and balances this information data with stipulated desired temperatures);
determining a difference between the current temperature and a target temperature of at least one of the first containing space and the second containing space (Pg. 14, lines 9-14, This refrigerating or heating capacity is in this case controlled by an automatic control unit 15 which obtains information data on the current temperature in the chambers from a sensor unit 26 via control lines 16 and balances this information data with stipulated desired temperatures);
actuating at least one of a first control valve and a second control valve to allow the gas to flow through at least one of a first heat exchanger and a second heat exchanger so as to exchange heat with the at least one of the first containing space and the second containing space via the at least one of the first heat exchanger and the second heat exchanger (Pg. 14, lines 9-21, This refrigerating or heating capacity is in this case controlled by an automatic control unit 15 which obtains information data on the current temperature in the chambers from a sensor unit 26 via control lines 16 and balances this information data with stipulated desired temperatures. Furthermore, the automatic control unit 15 is connected via the control lines 16 to the main valve 12, the shut-off valves 13, the refrigeration circuit valves 14 and the nitrogen valves 31 and can open and closes these in such a way that the refrigeration system can assume various operating states for refrigerating and/or heating the chambers 1, 2, while desired temperatures can be set in the two chambers 1, 2);
Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the method of Poolman as modified to include the steps or limitations of measuring a current temperature of each one of a first containing space and a second containing space inside a container; determining a difference between the current temperature and a target temperature of at least one of the first containing space and the second containing space; actuating at least one of a first control valve and a second control valve to allow the gas to flow through at least one of a first heat exchanger and a second heat exchanger so as to exchange heat with the at least one of the first containing space and the second containing space via the at least one of the first heat exchanger and the second heat exchanger as taught by Lürken. One of ordinary skill in the art would have been motivated to make this modification to allow for delivery to foodstuff markers and the like having two or more chambers at different desired temperatures (Lürken, Pg. 17, lines 23-28).
Further, Poolman as modified does not disclose method to include determining whether the difference between the current temperature and a target temperature of at least one of the first containing space and the second containing space is within a range of temperature difference.
Viegas ‘469 teaches a cryogenic control apparatus to maintain a temperature of a conditioned space within a desired range surrounding a predetermined set point temperature (Pg. 6, paragraph 57, After the cryogenic temperature control apparatus 210 pulls down the temperature of the conditioned space 216 to a predetermined set point temperature, the cryogenic temperature control apparatus 210 can maintain the temperature of the conditioned space 216 within a desired range surrounding the predetermined set point temperature. Alternatively, the cryogenic temperature control apparatus 210 can be moved to a new location to pull down the temperature of another conditioned space (not shown)).
Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the method of Poolman as modified to include step or limitation of determining whether the difference between the current temperature and a target temperature of at least one of the first containing space and the second containing space is within a range of temperature difference as taught by Viegas ‘469. One of ordinary skill in the art would have been motivated to make this modification to minimize the frequency of valve actuation to improve overall system efficiencies.
However, Poolman as modified does not disclose the gas to be hydrogen or the engine to be a fuel cell.
Poolman as modified does disclose any other known pressurized gas can be used as fuel for the engine (Poolman, Pg. 2, paragraph 33, The gas (i.e. fuel) that powers the engine 150 may be a pressurized gas, for example such as compressed natural gas, propane, or any other pressurized gas known to one of skill in the art).
Kubo taches hydrogen to be used for both heat transfer in heat exchangers and for fuel of a hydrogen fuel cell (Fig. 1, fuel cell 12; Col. 1, lines 8-15, The present invention relates to a hydrogen tank cooling device and cooling method in a hydrogen fuel automobile, and a hydrogen fuel automobile. In particular, the present invention relates to a technology for allowing a hydrogen tank to be filled with hydrogen in a short period of time in comparison with the prior art in a hydrogen fuel automobile in which a hydrogen tank having a hydrogen storage material inside and an air cooling apparatus are mounted; Col. 5, lines 47-51, A fuel cell 12 is formed as, for example, a solid polymer type fuel cell where hydrogen supplied from the hydrogen tanks 13 reacts with oxygen in air supplied from an air compressor 18, so that electrical energy of a direct current (direct current power) is generated).
Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the method of Poolman as modified to use hydrogen as the gas in combination with a hydrogen fuel cell taught by Kudo. One of ordinary skill in the art would have been motivated to make this modification for the purpose of reducing carbon dioxide discharged from vehicles (Kudo, Col. 1, lines 23-24).
Regarding claim 15, Poolman as modified discloses the divisional temperature controlling method for the refrigerated containing device as claimed in claim 14 (see the combination of references used in the rejection of claim 14 above), wherein, after exchanging heat with at least one of the first containing space and the second containing space via the first heat exchanger, re-measure the temperature of the each one of the first containing space and the second containing space (Lürken, Pg. 14, lines 9-14, This refrigerating or heating capacity is in this case controlled by an automatic control unit 15 which obtains information data on the current temperature in the chambers from a sensor unit 26 via control lines 16 and balances this information data with stipulated desired temperatures). Further, the recitation, “wherein, after exchanging heat with at least one of the first containing space and the second containing space via the first heat exchanger, re-measure the temperature of the each one of the first containing space and the second containing space” is interpreted to be at least implied by the teaching of Lürken which describe balancing the current temperature information with stipulated desired temperatures (In considering the disclosure of a reference, it is proper to take into account not only specific teachings of the reference but also the inferences which one skilled in the art would reasonably be expected to draw therefrom (MPEP 2144.01)).
Response to Arguments
Applicant's arguments filed June 04th, 2026 have been fully considered but they are not persuasive.
Applicant argues on Pg. 12-14 (as numbered by Applicant) of the Remarks, “Considering the feature of the "range of temperature difference" in the amended claims, while the Examiner considers that Viegas '469 discloses a cryogenic temperature control apparatus that maintains a temperature of a conditioned space within a desired range, and thereby discloses the range of the original claim 1, Applicant respectfully disagrees. Applicant submits that "the cryogenic temperature control apparatus can maintain the temperature of the conditioned space 216 within a desired range surrounding the predetermined set point temperature" is only a description of the result. According to Viegas '469, the disclosed temperature sensor (76) is disposed on a second flow path (77) between the evaporator coil (70) and the atmosphere for controlling the regulator (75) to regulate the flow of the cryogen through the evaporator coil (70) but not for controlling the valve (68) between the tank (26) and the heat exchanger (66). Even assuming, in arguendo, that a temperature sensor in the conditioned space (16, 216) would be obvious for a person having ordinary skill in the art (PHOSITA), nevertheless, if trying to achieve the result to "maintain the temperature of the conditioned space 216 within a desired range," the control unit (46) must control the valve (68) for supplying the cryogen to the heat exchanger (66) when the current temperature has not reached the desired range around the desired temperature, or when the difference between the current and the desired temperatures is still large. In other words, the control unit (46) needs to be programed as determining the current temperature is out of the desired range around the desired temperature or determining a difference between the current temperature and the desired temperature is out of a range of temperature difference for controlling the valve (68) to open. Applicant submits that none of the above possible programming of the control unit (46) in the apparatus of Viegas '469 controls the valve (68) for supplying cryogen when determining a difference between the current and the desired temperatures is within a range of temperature difference. Viegas '469 fails to disclose or suggest the features to "determine a difference between the current temperature and the target temperature ... is within the range of temperature difference ... " as defined in claims 1 and 14 of the present application. Also, as explained, none of Poolman, Lurken, Kubo or other cited references disclose or suggest the features regarding the determination based on a temperature difference and a range of temperature difference, and the examiner also considered the arguments in the RCE persuasive as stated in the Office Action. Hence, none of the cited references discloses or suggests the "range of temperature difference" as defined in claims 1 and 14 of the present application.”
However, this argument is not persuasive as the control unit 15 of Lürken is already taught to control the nitrogen valves 31 based on the temperature sensor 26 (Lürken, Pg. 14, lines 9-21, This refrigerating or heating capacity is in this case controlled by an automatic control unit 15 which obtains information data on the current temperature in the chambers from a sensor unit 26 via control lines 16 and balances this information data with stipulated desired temperatures. Furthermore, the automatic control unit 15 is connected via the control lines 16 to the main valve 12, the shut-off valves 13, the refrigeration circuit valves 14 and the nitrogen valves 31 and can open and closes these in such a way that the refrigeration system can assume various operating states for refrigerating and/or heating the chambers 1, 2, while desired temperatures can be set in the two chambers 1, 2) and would maintain the same control abilities when modified as described herein to use the control scheme of Viegas ‘469 which teaches maintaining a temperature of a conditioned space within a desired range surrounding a predetermined set point temperature (Viegas ‘469, Pg. 6, paragraph 57, After the cryogenic temperature control apparatus 210 pulls down the temperature of the conditioned space 216 to a predetermined set point temperature, the cryogenic temperature control apparatus 210 can maintain the temperature of the conditioned space 216 within a desired range surrounding the predetermined set point temperature. Alternatively, the cryogenic temperature control apparatus 210 can be moved to a new location to pull down the temperature of another conditioned space (not shown)). See the rejections of claims 1 and 1 above.
Applicant’s arguments with respect to claim 1, specifically the arguments on Pg. 14-19 (as numbered by the Applicant) of the Remarks in regards to the control valve having two outlets 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 14 are maintained. The rejections of claims 2-13 and 15 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 August 10th, 2026
/FRANTZ F JULES/Supervisory Patent Examiner, Art Unit 3763
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