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 November 05th, 2025 has been entered. Claims 1-9 and 11-21 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 on July 08th, 2025. However, the amendment has raised other issues detailed below.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: "cryogenic feeding device" in line 4 of claim 9. Corresponding structure is drawn to the recitation "by means of a cryogenic feeding device such as a cryogenic pump and/or a cryogenic compressor" in paragraph 16 of the specification.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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, 9, 11-12, 14, 16-17, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Thor et al. (US Patent No. 11,174,991), hereinafter Thro in view of Pozivil et al. (US 20110132003 hereinafter Pozivil.
Regarding claim 1, Thor discloses a method for forming a compressed gas and dispensing the compressed gas to a compressed gas receiver (Fig. 1, Col. 2, lines 66-67, FIG.1 is a schematic diagram of a first embodiment of the cryogenic fluid dispensing system of the disclosure; Col. 4, lines 9-12, The outlet of the chiller coil 34 is connected to a dispenser 38 which may be, as an example only, a nozzle and/or a dispensing valve, and may or may not include a mass flow meter, for refueling a vehicle; Col. 4, lines 56-60, When the dispenser 38 is activated, such as during fueling of a vehicle, hydrogen gas from buffer tank 32 flows through chiller coil 34 of the chilling reservoir 42, where it is cooled by liquid carbon dioxide 62 contained within the chilling reservoir 42), the method comprising:
providing a process fluid at a cryogenic temperature (Fig. 1, bulk storage tank 10, liquid hydrogen 12; Col. 3, lines 61-62, A bulk storage tank 10, which is preferably jacketed, contains a supply of liquid hydrogen 12);
pressurizing the process fluid and feeding the pressurized process fluid at the cryogenic temperature to a first heat exchanger (Fig. 1, pump 14, heat exchanger coil 22a, intermediate fluid storage tank 24a; Col. 3, lines 63-67, A pump 14 has an inlet in fluid communication with the bulk tank 10 and an outlet connected to line 16a, which is provided with valve 18a. Line 16a leads to a heat exchanger coil 22a which is positioned within the headspace of an intermediate fluid storage tank 24a; Col. 4, lines 48-51, a result, activation of pump 14 causes liquid hydrogen to travel to coil 22a, where it is warmed by carbon dioxide vapor in the headspace of tank 24a to near the temperature of the intermediate fluid);
providing a thermal fluid, in a thermal fluid reservoir at a thermal fluid temperature above the cryogenic temperature of the pressurized process fluid (Fig. 1, intermediate fluid storage tank 24a, chilling reservoir 42; Col. 3, lines 53-57, If carbon dioxide is used as the intermediate fluid, care must be used in the system design to avoid freezing. The -40 degrees Fahrenheit temperature noted above is above the freeze solid temperature of -109 degrees Fahrenheit for carbon dioxide at ambient pressure);
forming the compressed gas from the pressurized process fluid, wherein forming the compressed gas includes heating the pressurized process fluid in the first heat exchanger to a temperature of about -40°C or higher by indirect heat exchange with the thermal fluid (Col. 4, lines 48-51, a result, activation of pump 14 causes liquid hydrogen to travel to coil 22a, where it is warmed by carbon dioxide vapor in the headspace of tank 24a to near the temperature of the intermediate fluid; Col. 3, lines 53-57, If carbon dioxide is used as the intermediate fluid, care must be used in the system design to avoid freezing. The -40 degrees Fahrenheit temperature noted above is above the freeze solid temperature of -109 degrees Fahrenheit for carbon dioxide at ambient pressure; Col. 4-5, lines 67 and 1-2; As an example only, tank 24b is controlled to be at 130 psig, which corresponds to a saturation temperature of -40° F. for carbon dioxide; Further, A prima facie case of obviousness exists where the claimed ranges or amounts do not overlap with the prior art but are merely close. In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955) (Claimed process which was performed at a temperature between 40°C and 80°C and an acid concentration between 25% and 70% was held to be prima facie obvious over a reference process which differed from the claims only in that the reference process was performed at a temperature of 100°C and an acid concentration of 10%). MPEP § 2144.05-I);
optionally, providing one or more compressed gas storage vessels (Fig. 1, buffer tank 32; Col. 4, lines 4-7, The outlet of the heat exchanger 28 is in fluid communication with buffer tank 32. While a single buffer tank 32 is shown, the system may include multiple buffer tanks);
cooling the compressed gas formed in step (d) or the compressed gas from the one or more compressed gas storage vessels to a temperature within a range of -17.5°C and -40°C, by indirect heat exchange with the thermal fluid in a second heat exchanger and feeding the cooled compressed gas to a dispenser (Fig. 1, chilling reservoir 42, chiller coil 43; Col. 4, lines 56-63, When the dispenser 38 is activated, such as during fueling of a vehicle, hydrogen gas from buffer tank 32 flows through chiller coil 34 of the chilling reservoir 42, where it is cooled by liquid carbon dioxide 62 contained within the chilling reservoir 42. The cooled hydrogen fluid is then dispensed to the vehicle. The hydrogen fuel ideally, but as an example only, equilibrates at -40° F. in the chilling reservoir; Further, A prima facie case of obviousness exists where the claimed ranges or amounts do not overlap with the prior art but are merely close. In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955) (Claimed process which was performed at a temperature between 40°C and 80°C and an acid concentration between 25% and 70% was held to be prima facie obvious over a reference process which differed from the claims only in that the reference process was performed at a temperature of 100°C and an acid concentration of 10%). MPEP § 2144.05-I); and
dispensing the cooled compressed gas via the dispenser to the compressed gas receiver (Col. 4, lines 9-12, The outlet of the chiller coil 34 is connected to a dispenser 38 which may be, as an example only, a nozzle and/or a dispensing valve, and may or may not include a mass flow meter, for refueling a vehicle; Col. 4, lines 56-60, When the dispenser 38 is activated, such as during fueling of a vehicle, hydrogen gas from buffer tank 32 flows through chiller coil 34 of the chilling reservoir 42, where it is cooled by liquid carbon dioxide 62 contained within the chilling reservoir 42);
wherein the thermal fluid is a liquid within a temperature range of -70°C to 100°C (Col. 3, lines 53-57, If carbon dioxide is used as the intermediate fluid, care must be used in the system design to avoid freezing. The -40 degrees Fahrenheit temperature noted above is above the freeze solid temperature of -109 degrees Fahrenheit for carbon dioxide at ambient pressure; Further, A prima facie case of obviousness exists where the claimed ranges or amounts do not overlap with the prior art but are merely close. In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955) (Claimed process which was performed at a temperature between 40°C and 80°C and an acid concentration between 25% and 70% was held to be prima facie obvious over a reference process which differed from the claims only in that the reference process was performed at a temperature of 100°C and an acid concentration of 10%). MPEP § 2144.05-I),
the first heat exchanger being located on a first branch of the thermal fluid circuit and the second heat exchanger being located on a second branch of the thermal fluid circuit (Fig. 1 of Thor depicts heat exchanger coil 22a to be located on line 44a and chiller coil 34 to be located on line 48 which correspond to the first branch and the second branch as claimed, respectively),
wherein the thermal fluid is cooled by indirect heat exchange with the pressurized process fluid in the first heat exchanger in step (d) and heated by indirect heat exchange with the compressed gas in the second heat exchanger in step (f) (Col. 4, lines 48-51, a result, activation of pump 14 causes liquid hydrogen to travel to coil 22a, where it is warmed by carbon dioxide vapor in the headspace of tank 24a to near the temperature of the intermediate fluid; Col. 4, lines 56-63, When the dispenser 38 is activated, such as during fueling of a vehicle, hydrogen gas from buffer tank 32 flows through chiller coil 34 of the chilling reservoir 42, where it is cooled by liquid carbon dioxide 62 contained within the chilling reservoir 42. The cooled hydrogen fluid is then dispensed to the vehicle. The hydrogen fuel ideally, but as an example only, equilibrates at -40° F. in the chilling reservoir; Further, the teachings of Thor imply the thermal fluid is being cooled by the process fluid in the first heat exchanger and heated by the process fluid in the second heat exchanger based on at least the first law of thermodynamics (MPEP 2144.04)); and
a thermal circuit (Fig. 1, intermediate fluid storage tank 24a, chilling reservoir 42, line 44a, line 48).
However, Thor does not disclose wherein the first heat exchanger and the second heat exchanger are arranged in parallel on the thermal fluid circuit with respect to the thermal fluid, and
wherein a first pump feeds the thermal fluid of the thermal fluid reservoir through the first heat exchanger and a second pump feeds the thermal fluid of the thermal fluid reservoir through the second heat exchanger, the first pump and the second pump being configured to operate independently from each other to allow thermal fluid to circulate in the first branch only, the second branch only, or in the first and second branches at the same time.
Pozivil teaches wherein the first heat exchanger and the second heat exchanger are arranged in parallel on a thermal fluid circuit with respect to the thermal fluid (Fig. 2 of Pozivil depicts first main heat exchanger 10 and second main heat exchanger 12 to be arranged in parallel on the thermal circuit which liquid heat exchange fluid collection vessel 24, heat exchange circuit 20, and heat exchange circuit 22), and
wherein a first pump feeds the thermal fluid of the thermal fluid reservoir through the first heat exchanger and a second pump feeds the thermal fluid of the thermal fluid reservoir through the second heat exchanger, the first pump and the second pump being configured to operate independently from each other to allow thermal fluid to circulate in the first branch only, the second branch only, or in the first and second branches at the same time (Fig. 2, pump 26, pump 80; Pg. 5, paragraph 58, In comparison with the apparatus shown in FIG. 1, the apparatus shown in FIG. 2 has an additional liquid pump 80 to assist in the circulation of the liquid propane. The pumps 26 and 80 are operable to vary, if desired, the pressure difference between the propane in the heat exchange circuits 20 and 22. In operation, the heat exchange circuits 20 and 22 are self-adjusting in a manner analogous to the corresponding circuits in the apparatus shown in FIG. 1. The apparatus may be charged with propane via a conduit 78 having stop valve 79 disposed therein and terminating in the collection vessel 24; Further, the teachings of Pozivil at least imply the first pump and the second pump being configured to operate independently from each other to allow thermal fluid to circulate in the first branch only, the second branch only, or in the first and second branches at the same time since it has been held 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)).
Thor fails to teach wherein the first heat exchanger and the second heat exchanger are arranged in parallel on the thermal fluid circuit with respect to the thermal fluid, and wherein a first pump feeds the thermal fluid of the thermal fluid reservoir through the first heat exchanger and a second pump feeds the thermal fluid of the thermal fluid reservoir through the second heat exchanger, the first pump and the second pump being configured to operate independently from each other to allow thermal fluid to circulate in the first branch only, the second branch only, or in the first and second branches at the same time, however Pozivil teaches that it is a known method in the art of thermal circuits for cryogenic heat exchange to include wherein the first heat exchanger and the second heat exchanger are arranged in parallel on the thermal fluid circuit with respect to the thermal fluid, and wherein a first pump feeds the thermal fluid of the thermal fluid reservoir through the first heat exchanger and a second pump feeds the thermal fluid of the thermal fluid reservoir through the second heat exchanger, the first pump and the second pump being configured to operate independently from each other to allow thermal fluid to circulate in the first branch only, the second branch only, or in the first and second branches at the same time. This is strong evidence that modifying Thor as claimed would produce predictable results (i.e. to ensure desired heat transfer capacities in the first and second heat exchangers 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 Thor by Pozivil and arrive at the claimed invention since all claimed elements were known in the art and one having ordinary skill in the art could have combined the elements as claimed by known methods with no changes in their respective functions and the combination would have yielded the predictable result of to ensure desired heat transfer capacities in the first and second heat exchangers to improve overall system efficiencies.
Regarding claim 2, Thor as modified discloses the method according to claim 1 (see the combination of references used in the rejection of claim 1 above), wherein one of the pressurized process fluid or the thermal fluid is conveyed in one or more fluid channels through the first heat exchanger and the pressurized process fluid or the thermal fluid that was not conveyed in the one or more fluid channels surrounds the one or more fluid channels in direct contact thereby effecting the indirect heat exchange (Thor, Col. 3-4, lines 65-2, Line 16a leads to a heat exchanger coil 22a which is positioned within the headspace of an intermediate fluid storage tank 24a. The headspace is formed in tank 24a above an intermediate fluid 26a, which may be carbon dioxide; Col. 4, lines 48-51, a result, activation of pump 14 causes liquid hydrogen to travel to coil 22a, where it is warmed by carbon dioxide vapor in the headspace of tank 24a to near the temperature of the intermediate fluid).
Regarding claim 3, Thor as modified discloses the method according to claim 1 (see the combination of references used in the rejection of claim 1 above), wherein the thermal fluid in the thermal fluid reservoir is circulated in the thermal fluid circuit that comprises the thermal fluid reservoir, the first heat exchanger, and the first pump/and or the second pump feeding the thermal fluid in the thermal fluid circuit (Thor, Fig. 1, intermediate fluid storage tank 24a, chilling reservoir 42, line 44a, line 48; Pozivil, Fig. 2, pump 26, pump 80; Pg. 5, paragraph 58, In comparison with the apparatus shown in FIG. 1, the apparatus shown in FIG. 2 has an additional liquid pump 80 to assist in the circulation of the liquid propane. The pumps 26 and 80 are operable to vary, if desired, the pressure difference between the propane in the heat exchange circuits 20 and 22. In operation, the heat exchange circuits 20 and 22 are self-adjusting in a manner analogous to the corresponding circuits in the apparatus shown in FIG. 1. The apparatus may be charged with propane via a conduit 78 having stop valve 79 disposed therein and terminating in the collection vessel 24). Further, the limitations of claim 3 are the result of the modification of references used in the rejection of claim 1 above.
Regarding claim 5, Thor as modified discloses the method according to claim 1 (see the combination of references used in the rejection of claim 1 above), wherein one of the pressurized process fluid or the thermal fluid is conveyed in one or more fluid channels through the second heat exchanger and the pressurized process fluid or the thermal fluid that was not conveyed in the one or more fluid channels surrounds the one or more fluid channels in direct contact thereby effecting the indirect heat exchange (Thor, Col. 4, lines 20-25, The liquid sides of intermediate fluid storage tanks 24a and 24b are selectively in fluid communication with a chilling reservoir or tank 42, within which chiller coil 34 is positioned. As an example only, the chilling reservoir 42 and chiller coil 34 may take the form of a shell and tube heat exchanger; Col. 4, lines 56-60, When the dispenser 38 is activated, such as during fueling of a vehicle, hydrogen gas from buffer tank 32 flows through chiller coil 34 of the chilling reservoir 42, where it is cooled by liquid carbon dioxide 62 contained within the chilling reservoir 42).
Regarding claim 6, Thor as modified discloses the method according to claim 1 (see the combination of references used in the rejection of claim 1 above), wherein step (e) comprises providing the one or more compressed gas storage vessels and at least a portion of the compressed gas formed in step (d) is fed to the one or more compressed gas storage vessels for intermediate storage (Thor, Fig. 1, buffer tank 32; Col. 4, lines 4-7, The outlet of the heat exchanger 28 is in fluid communication with buffer tank 32. While a single buffer tank 32 is shown, the system may include multiple buffer tanks).
Regarding claim 7, Thor as modified discloses the method according to claim 6 (see the combination of references used in the rejection of claim 6 above), wherein the step of feeding the compressed gas to the dispenser comprises feeding the compressed gas from the one or more compressed gas storage vessels to the dispenser (Thor, Col. 4, lines 56-60, When the dispenser 38 is activated, such as during fueling of a vehicle, hydrogen gas from buffer tank 32 flows through chiller coil 34 of the chilling reservoir 42, where it is cooled by liquid carbon dioxide 62 contained within the chilling reservoir 42).
Regarding claim 9, Thor discloses a system for forming compressed gas and dispensing the compressed gas to a compressed gas receiver (Fig. 1, Col. 2, lines 66-67, FIG.1 is a schematic diagram of a first embodiment of the cryogenic fluid dispensing system of the disclosure; Col. 4, lines 9-12, The outlet of the chiller coil 34 is connected to a dispenser 38 which may be, as an example only, a nozzle and/or a dispensing valve, and may or may not include a mass flow meter, for refueling a vehicle; Col. 4, lines 56-60, When the dispenser 38 is activated, such as during fueling of a vehicle, hydrogen gas from buffer tank 32 flows through chiller coil 34 of the chilling reservoir 42, where it is cooled by liquid carbon dioxide 62 contained within the chilling reservoir 42), the system comprising:
a source of a process fluid at a cryogenic temperature (Fig. 1, bulk storage tank 10, liquid hydrogen 12; Col. 3, lines 61-62, A bulk storage tank 10, which is preferably jacketed, contains a supply of liquid hydrogen 12);
a cryogenic feeding device operatively disposed to receive the process fluid from the source and configured to pressurize the process fluid and feed the pressurized process fluid at the cryogenic temperature (Fig. 1, pump 14; Col. 3, lines 63-67, A pump 14 has an inlet in fluid communication with the bulk tank 10 and an outlet connected to line 16a, which is provided with valve 18a. Line 16a leads to a heat exchanger coil 22a which is positioned within the headspace of an intermediate fluid storage tank 24a; Col. 4, lines 48-51, a result, activation of pump 14 causes liquid hydrogen to travel to coil 22a, where it is warmed by carbon dioxide vapor in the headspace of tank 24a to near the temperature of the intermediate fluid);
a process fluid treatment arrangement for forming the compressed gas from the pressurized process fluid, the process fluid treatment arrangement comprising a first heat exchanger operatively disposed to receive pressurized process fluid from the cryogenic feeding device at a cryogenic temperature and configured to heat the pressurized process fluid to a temperature of about -40°C or higher by indirect heat exchange with a thermal fluid (Fig. 1, heat exchanger coil 22a, intermediate fluid storage tank 24a Col. 4, lines 48-51, a result, activation of pump 14 causes liquid hydrogen to travel to coil 22a, where it is warmed by carbon dioxide vapor in the headspace of tank 24a to near the temperature of the intermediate fluid; Col. 3, lines 53-57, If carbon dioxide is used as the intermediate fluid, care must be used in the system design to avoid freezing. The -40 degrees Fahrenheit temperature noted above is above the freeze solid temperature of -109 degrees Fahrenheit for carbon dioxide at ambient pressure; Col. 4-5, lines 67 and 1-2; As an example only, tank 24b is controlled to be at 130 psig, which corresponds to a saturation temperature of -40° F. for carbon dioxide; Further, A prima facie case of obviousness exists where the claimed ranges or amounts do not overlap with the prior art but are merely close. In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955) (Claimed process which was performed at a temperature between 40°C and 80°C and an acid concentration between 25% and 70% was held to be prima facie obvious over a reference process which differed from the claims only in that the reference process was performed at a temperature of 100°C and an acid concentration of 10%). MPEP § 2144.05-I);
a thermal fluid reservoir containing the thermal fluid at a temperature above the cryogenic temperature of the pressurized process fluid, the thermal fluid reservoir operatively disposed to provide the thermal fluid for the first heat exchanger (Fig. 1, intermediate fluid storage tank 24a, chilling reservoir 42; Col. 3, lines 53-57, If carbon dioxide is used as the intermediate fluid, care must be used in the system design to avoid freezing. The -40 degrees Fahrenheit temperature noted above is above the freeze solid temperature of -109 degrees Fahrenheit for carbon dioxide at ambient pressure);
optionally, one or more compressed gas storage vessels operatively disposed to receive and configured to store the compressed gas from the process fluid treatment arrangement (Fig. 1, buffer tank 32; Col. 4, lines 4-7, The outlet of the heat exchanger 28 is in fluid communication with buffer tank 32. While a single buffer tank 32 is shown, the system may include multiple buffer tanks);
a dispenser operatively disposed to receive the compressed gas from the process fluid treatment arrangement and/or operatively disposed to receive the compressed gas from the one or more storage vessels, if present, and configured to dispense the compressed gas to the compressed gas receiver (Col. 4, lines 9-12, The outlet of the chiller coil 34 is connected to a dispenser 38 which may be, as an example only, a nozzle and/or a dispensing valve, and may or may not include a mass flow meter, for refueling a vehicle; Col. 4, lines 56-60, When the dispenser 38 is activated, such as during fueling of a vehicle, hydrogen gas from buffer tank 32 flows through chiller coil 34 of the chilling reservoir 42, where it is cooled by liquid carbon dioxide 62 contained within the chilling reservoir 42);
a second heat exchanger operatively disposed to receive the compressed gas from the process fluid treatment arrangement and/or operatively disposed to receive the compressed gas from the one or more compressed gas storage vessels, wherein the second heat exchanger is configured to cool the received compressed gas to a temperature within a range of -17.5°C and -40°C by indirect heat exchange with the thermal fluid, and wherein the thermal fluid reservoir is operatively disposed to provide the thermal fluid for the second heat exchanger (Fig. 1, chilling reservoir 42, chiller coil 43; Col. 4, lines 56-63, When the dispenser 38 is activated, such as during fueling of a vehicle, hydrogen gas from buffer tank 32 flows through chiller coil 34 of the chilling reservoir 42, where it is cooled by liquid carbon dioxide 62 contained within the chilling reservoir 42. The cooled hydrogen fluid is then dispensed to the vehicle. The hydrogen fuel ideally, but as an example only, equilibrates at -40° F. in the chilling reservoir; Further, A prima facie case of obviousness exists where the claimed ranges or amounts do not overlap with the prior art but are merely close. In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955) (Claimed process which was performed at a temperature between 40°C and 80°C and an acid concentration between 25% and 70% was held to be prima facie obvious over a reference process which differed from the claims only in that the reference process was performed at a temperature of 100°C and an acid concentration of 10%). MPEP § 2144.05-I); and
a thermal fluid circuit with a first branch and a second branch arranged in parallel to the first branch with respect to the thermal fluid, wherein the first branch comprises the thermal fluid reservoir, the first heat exchanger and, and wherein the second branch comprises the thermal fluid reservoir, the second heat exchanger (Fig. 1, heat exchanger coil 22a, intermediate fluid storage tank 24a, chiller coil 34, chilling reservoir 42, line 44a, line 48),
wherein the thermal fluid is a liquid within a temperature range of -70°C to 100°C (Col. 3, lines 53-57, If carbon dioxide is used as the intermediate fluid, care must be used in the system design to avoid freezing. The -40 degrees Fahrenheit temperature noted above is above the freeze solid temperature of -109 degrees Fahrenheit for carbon dioxide at ambient pressure; Further, A prima facie case of obviousness exists where the claimed ranges or amounts do not overlap with the prior art but are merely close. In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955) (Claimed process which was performed at a temperature between 40°C and 80°C and an acid concentration between 25% and 70% was held to be prima facie obvious over a reference process which differed from the claims only in that the reference process was performed at a temperature of 100°C and an acid concentration of 10%). MPEP § 2144.05-I), and
wherein the thermal fluid is configured to be cooled by indirect heat exchange with the
pressurized process fluid in the first heat exchanger in step (c) and is configured to be heated by indirect heat exchange with the compressed gas in the second heat exchanger in step (g) (Col. 4, lines 48-51, a result, activation of pump 14 causes liquid hydrogen to travel to coil 22a, where it is warmed by carbon dioxide vapor in the headspace of tank 24a to near the temperature of the intermediate fluid; Col. 4, lines 56-63, When the dispenser 38 is activated, such as during fueling of a vehicle, hydrogen gas from buffer tank 32 flows through chiller coil 34 of the chilling reservoir 42, where it is cooled by liquid carbon dioxide 62 contained within the chilling reservoir 42. The cooled hydrogen fluid is then dispensed to the vehicle. The hydrogen fuel ideally, but as an example only, equilibrates at -40° F. in the chilling reservoir; Further, the teachings of Thor imply the thermal fluid is being cooled by the process fluid in the first heat exchanger and heated by the process fluid in the second heat exchanger based on at least the first law of thermodynamics (MPEP 2144.04)).
However, Thor does not disclose wherein the first heat exchanger and the second heat exchanger are arranged in parallel on the thermal fluid circuit with respect to the thermal fluid, and
the first branch comprises a first pump operatively disposed and configured to circulate the thermal fluid of the thermal fluid reservoir in the first branch through the thermal fluid reservoir and the first heat exchanger, a second pump operatively disposed and configured to circulate the thermal fluid of the thermal fluid reservoir in the second branch through the thermal fluid reservoir and the second heat exchanger, wherein the first pump and the second pump being configured to operate independently from each other to allow thermal fluid to circulate in the first branch only, the second branch only, or in the first and second branches at the same time.
Pozivil teaches wherein the first heat exchanger and the second heat exchanger are arranged in parallel on a thermal fluid circuit with respect to the thermal fluid (Fig. 2 of Pozivil depicts first main heat exchanger 10 and second main heat exchanger 12 to be arranged in parallel on the thermal circuit which liquid heat exchange fluid collection vessel 24, heat exchange circuit 20, and heat exchange circuit 22), and
the first branch comprises a first pump operatively disposed and configured to circulate the thermal fluid of the thermal fluid reservoir in the first branch through the thermal fluid reservoir and the first heat exchanger, a second pump operatively disposed and configured to circulate the thermal fluid of the thermal fluid reservoir in the second branch through the thermal fluid reservoir and the second heat exchanger, wherein the first pump and the second pump being configured to operate independently from each other to allow thermal fluid to circulate in the first branch only, the second branch only, or in the first and second branches at the same time (Fig. 2, pump 26, pump 80; Pg. 5, paragraph 58, In comparison with the apparatus shown in FIG. 1, the apparatus shown in FIG. 2 has an additional liquid pump 80 to assist in the circulation of the liquid propane. The pumps 26 and 80 are operable to vary, if desired, the pressure difference between the propane in the heat exchange circuits 20 and 22. In operation, the heat exchange circuits 20 and 22 are self-adjusting in a manner analogous to the corresponding circuits in the apparatus shown in FIG. 1. The apparatus may be charged with propane via a conduit 78 having stop valve 79 disposed therein and terminating in the collection vessel 24; Further, the teachings of Pozivil at least imply the first pump and the second pump being configured to operate independently from each other to allow thermal fluid to circulate in the first branch only, the second branch only, or in the first and second branches at the same time since it has been held 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); Moreover, the pumps 26 and 80 of Pozivil have the same structure as the claimed first and second pumps and are capable of functioning in the manner claimed).
Thor fails to teach wherein the first heat exchanger and the second heat exchanger are arranged in parallel on the thermal fluid circuit with respect to the thermal fluid, and the first branch comprises a first pump operatively disposed and configured to circulate the thermal fluid of the thermal fluid reservoir in the first branch through the thermal fluid reservoir and the first heat exchanger, a second pump operatively disposed and configured to circulate the thermal fluid of the thermal fluid reservoir in the second branch through the thermal fluid reservoir and the second heat exchanger, wherein the first pump and the second pump being configured to operate independently from each other to allow thermal fluid to circulate in the first branch only, the second branch only, or in the first and second branches at the same time, however Pozivil teaches that it is a known method in the art of thermal circuits for cryogenic heat exchange to include wherein the first heat exchanger and the second heat exchanger are arranged in parallel on the thermal fluid circuit with respect to the thermal fluid, and the first branch comprises a first pump operatively disposed and configured to circulate the thermal fluid of the thermal fluid reservoir in the first branch through the thermal fluid reservoir and the first heat exchanger, a second pump operatively disposed and configured to circulate the thermal fluid of the thermal fluid reservoir in the second branch through the thermal fluid reservoir and the second heat exchanger, wherein the first pump and the second pump being configured to operate independently from each other to allow thermal fluid to circulate in the first branch only, the second branch only, or in the first and second branches at the same time. This is strong evidence that modifying Thor as claimed would produce predictable results (i.e. to ensure desired heat transfer capacities in the first and second heat exchangers 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 Thor by Pozivil and arrive at the claimed invention since all claimed elements were known in the art and one having ordinary skill in the art could have combined the elements as claimed by known methods with no changes in their respective functions and the combination would have yielded the predictable result of to ensure desired heat transfer capacities in the first and second heat exchangers to improve overall system efficiencies.
Regarding claim 11, Thor as modified discloses the system according to claim 9 (see the
combination of references used in the rejection of claim 9 above), wherein the first heat exchanger is disposed in the thermal fluid circuit which comprises the thermal fluid reservoir and the first pump and/or the second pump operatively disposed and configured to circulate the thermal fluid of the thermal fluid reservoir through the first heat exchanger and the thermal fluid reservoir (Thor, Fig. 1, intermediate fluid storage tank 24a, chilling reservoir 42, line 44a, line 48; Pozivil, Fig. 2, pump 26, pump 80; Pg. 5, paragraph 58, In comparison with the apparatus shown in FIG. 1, the apparatus shown in FIG. 2 has an additional liquid pump 80 to assist in the circulation of the liquid propane. The pumps 26 and 80 are operable to vary, if desired, the pressure difference between the propane in the heat exchange circuits 20 and 22. In operation, the heat exchange circuits 20 and 22 are self-adjusting in a manner analogous to the corresponding circuits in the apparatus shown in FIG. 1. The apparatus may be charged with propane via a conduit 78 having stop valve 79 disposed therein and terminating in the collection vessel 24). Further, the limitations of claim 11 are the result of the modification of references used in the rejection of claim 9 above.
Regarding claim 12, Thor as modified discloses the system according to claim 9 (see the
combination of references used in the rejection of claim 9 above), wherein the thermal fluid reservoir
comprises a reservoir container which contains a bath of the thermal fluid, the thermal fluid reservoir operatively disposed to provide the thermal fluid for the first heat exchanger from the bath (Thor, Fig. 1, intermediate fluid storage tank 24a, chilling reservoir 42; Col. 3-4, lines 65-2, Line 16a leads to a heat exchanger coil 22a which is positioned within the headspace of an intermediate fluid storage tank 24a. The headspace is formed in tank 24a above an intermediate fluid 26a, which may be carbon dioxide; Col. 4, lines 48-51, a result, activation of pump 14 causes liquid hydrogen to travel to coil 22a, where it is warmed by carbon dioxide vapor in the headspace of tank 24a to near the temperature of the intermediate fluid).
Regarding claim 14, Thor as modified discloses the system according to claim 9 (see the
combination of references used in the rejection of claim 9 above), wherein the first heat
exchanger comprises:
a casing with an inlet and an outlet for a casing-side fluid, which is one of the thermal fluid or the pressurized process fluid (see annotated Fig 1 of Thor below, intermediate fluid storage tank 24a, inlet A, outlet B; Col. 3-4, lines 65-2, Line 16a leads to a heat exchanger coil 22a which is positioned within the headspace of an intermediate fluid storage tank 24a. The headspace is formed in tank 24a above an intermediate fluid 26a, which may be carbon dioxide; Col. 4, lines 48-51, a result, activation of pump 14 causes liquid hydrogen to travel to coil 22a, where it is warmed by carbon dioxide vapor in the headspace of tank 24a to near the temperature of the intermediate fluid), and
one or more fluid channels mounted within the casing and operatively disposed to receive a channel-side fluid and configured to convey the channel-side fluid through the casing, the channel-side fluid being the pressurized process fluid or the thermal fluid that was not the casing-side fluid (Thor, Fig. 1, heat exchanger coil 22a, Col. 3-4, lines 65-2, Line 16a leads to a heat exchanger coil 22a which is positioned within the headspace of an intermediate fluid storage tank 24a. The headspace is formed in tank 24a above an intermediate fluid 26a, which may be carbon dioxide; Col. 4, lines 48-51, a result, activation of pump 14 causes liquid hydrogen to travel to coil 22a, where it is warmed by carbon dioxide vapor in the headspace of tank 24a to near the temperature of the intermediate fluid);
wherein the first heat exchanger is configured to bring the casing-side fluid in direct contact with the one or more fluid channels for the channel-side fluid (Thor, Col. 4, lines 48-51, a result, activation of pump 14 causes liquid hydrogen to travel to coil 22a, where it is warmed by carbon dioxide vapor in the headspace of tank 24a to near the temperature of the intermediate fluid).
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Annotated Fig. 1 of Thor
Regarding claim 16, Thor as modified discloses the system according to claim 9 (see the combination of references used in the rejection of claim 9 above), wherein the second heat exchanger comprises:
a casing with an inlet and an outlet for a casing-side fluid, which is one of the thermal fluid or the pressurized process fluid (See annotated Fig. 1 of Thor below, chilling reservoir 42, inlet C, outlet D; Col. 4, lines 56-63, When the dispenser 38 is activated, such as during fueling of a vehicle, hydrogen gas from buffer tank 32 flows through chiller coil 34 of the chilling reservoir 42, where it is cooled by liquid carbon dioxide 62 contained within the chilling reservoir 42. The cooled hydrogen fluid is then dispensed to the vehicle. The hydrogen fuel ideally, but as an example only, equilibrates at -40° F. in the chilling reservoir); and
one or more fluid channels mounted within the casing and operatively disposed to receive a channel-side fluid and configured to convey the channel fluid through the casing, the channel-side fluid being the pressurized process fluid or the thermal fluid that was not the casing-side fluid (Thor, Fig. 1, chilling coil 34; Col. 4, lines 56-63, When the dispenser 38 is activated, such as during fueling of a vehicle, hydrogen gas from buffer tank 32 flows through chiller coil 34 of the chilling reservoir 42, where it is cooled by liquid carbon dioxide 62 contained within the chilling reservoir 42. The cooled hydrogen fluid is then dispensed to the vehicle. The hydrogen fuel ideally, but as an example only, equilibrates at -40° F. in the chilling reservoir);
wherein the second heat exchanger is configured to bring the casing-side fluid in direct contact with the one or more fluid channels for the channel-side fluid (Thor, Col. 4, lines 56-63, When the dispenser 38 is activated, such as during fueling of a vehicle, hydrogen gas from buffer tank 32 flows through chiller coil 34 of the chilling reservoir 42, where it is cooled by liquid carbon dioxide 62 contained within the chilling reservoir 42. The cooled hydrogen fluid is then dispensed to the vehicle. The hydrogen fuel ideally, but as an example only, equilibrates at -40° F. in the chilling reservoir).
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Annotated Fig. 1 of Thor
Regarding claim 17, Thor as modified discloses the system according to claim 9 (see the combination of references used in the rejection of claim 9 above), wherein the process fluid treatment arrangement comprises a heater operatively disposed to receive pressurized process fluid from the first heat exchanger and configured to additionally heat the pressurized process fluid (Thor, Fig. 1, ambient heat exchanger 28; Col. 4, lines 2-4, The outlet of the coil 22a is in fluid communication with the inlet of a heat exchanger 28, which may be an ambient heat exchanger Col. 4, lines 51-53, The warmed hydrogen then travels through ambient heat exchanger 28, where it is warmed to near ambient temperature).
Regarding claim 20, Thor discloses the method according to claim 1 (see the combination of
references used in the rejection of claim 1 above), wherein at least a portion of the process
fluid is provided in a liquid state (Thor, Fig. 1, liquid hydrogen 12).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Thor as modified by Pozivil as applied to claim 1 above, and further in view of Fairy (WO 2021138169), hereinafter Fairy.
Regarding claim 4, Thor as modified discloses the method according to claim 3 (see the combination of references used in the rejection of claim 3 above).
However, Thor as modified does not disclose wherein the first pump and/or the second pump are driven by a variable frequency drive.
Fairy teaches the use of variable speed pumps in a system for dispensing a compressed gas (Pg. 12, lines 24-28, A controller (not illustrated) controls the speed of the heat transfer fluid pump 25 (such as by increasing or decreasing the speed of a variable frequency drive of the pump 25) based upon the temperature of the heat transfer fluid sensed by temperature sensor 29).
Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the pumps of Thor as modified variable frequency drive as taught by Fairy. One of ordinary skill in the art would have been motivated to make this modification to allow for increased control of fluid flow throughout the system to improve overall system efficiencies.
Claims 8 is rejected under 35 U.S.C. 103 as being unpatentable over Thor as modified by Pozivil as applied to claim 1 above, and further in view of Brunner et al. (DE 10