DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
The amendment filed December 23rd, 2025 has been entered. Claims 1-20 remain pending in the application. Claims 13 and 20 remain withdrawn from consideration as being directed to non-elected Species 1, 2, and 4. The amendments to claims have overcome each and every 112(a) rejection and 112(b) rejection previously cited in the Non-Final rejection mailed October 03rd, 2025. However, the amendment has raised other issues detailed below.
Response to Arguments
Applicant’s arguments, see Pg. 11-15, filed December 23rd, 2025, with respect to claims 1, 8, 9, 12, 14-15, and 18-19 have been fully considered and are persuasive. The 35 U.S.C 112(a) and 112(b) rejections and 35 U.S.C 112(f) interpretations of 1, 8, 9, 12, 14-15, and 18-19 have been withdrawn.
Applicant’s arguments, see Pg. 16-18, filed December 23rd, 2025, with respect to the rejections of claims 1 and 14 under 35 U.S.C 102 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, new grounds of rejection are made in view of Vleet et al. (US Patent No. 2,435,332).
Specification
The disclosure is objected to because of the following informalities:
Abstract, line 2: “can include recovery cryogenic gas” should read “can include recovering cryogenic gas”
Appropriate correction is required.
Claim Rejections - 35 USC § 112(b)
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 14-18 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 14 recites the limitation "the storage tank" in line 5. There is insufficient antecedent basis for this limitation in the claim. The Examiner recommends changing "the storage tank" in line 5 to “a storage tank”.
Claim 14 recites the limitation "the gas storage device" in line 6. There is insufficient antecedent basis for this limitation in the claim. The Examiner recommends changing " the gas storage device" in line 6 to “a gas storage device”.
Claims 15 and 17-18 are also rejected by virtue of their dependency on claim 14.
Claim 16 is also rejected by virtue of its dependency on claim 15.
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 1-4, 6-7, 12, and 14-16 are rejected under 35 U.S.C. 103 as being unpatentable over Wilkinson (US Patent No. 2,682,154), hereinafter Wilkinson in view of J. G. Vleet et al. (US Patent No. 2,435,332), hereinafter Vleet.
Regarding claim 1, Wilkinson discloses an apparatus for warming a cryogenic liquid to vaporize the cryogenic liquid and re-cool gas for recapture and recovery of that gas (Fig. 1; Col. 2, lines 2-20, In carrying out the invention according to Fig. 1, liquid desired for utilization in the gasified state is withdrawn from the bottom of the container and pumped through a vaporizer and one or more heaters. The warmed, gaseous product is piped to the point of use. The vapor produced within the liquid storage container by the volatilizing effect of that heat which leaks from the atmosphere through the insulation of the container is withdrawn from the top part of the container, compressed to a suitable pressure and re-liquefied by heat exchange with the liquid withdrawn from the bottom of the container. The liquid produced by condensation of the vapor is returned to the storage container. This system eliminates the need for discharging vapor from the top of the storage container to the atmosphere with its irretrievable loss thereby), the apparatus comprising:
a vaporized gas recapture and recovery system having a gas storage device positionable between a storage tank positioned and configured to store the cryogenic liquid and a vaporizer positioned to heat the cryogenic liquid outputtable from the storage tank to vaporize the cryogenic liquid (Fig. 1, surge tank 15, container 1, pipe 10, pipe 12, pipe 14, vaporizer 6, compartment 7, compartment 16; Col. 2, lines 21-28 and 31-37, Referring to Figure 1, 1 indicates a container for liquefied gas consisting of a metal tank of any suitable form and construction surrounded by media, 2, and supported by devices, which afford a high degree of thermal insulation of the liquefied gas from the atmosphere and adjacent bodies. For withdrawal of liquid from the container…The effluent of the pump passes through pipe 5 to a vaporizer where it is wholly or partly vaporized in compartment 7. The vaporizer is supplied with heat by a stream of gas which is pumped through compartment 16 as hereinafter described; Further, the container 1 of Wilkinson has the same structure as the claimed storage tank and is capable of functioning in the manner claimed); and
the gas storage device positioned to receive gas formed from the cryogenic liquid for storage and feed the stored gas to the vaporizer as a heating medium for warming of the cryogenic liquid (Col. 2-3, lines 41-55 and 1-9, In order to accomplish the particular purpose of the present invention, the vapor generated within the storage container 1, as a consequence of heat leak through the insulation 2, and such supporting devices as may be provided, is withdrawn through pipe 10 and conveyed to compressor 11 where the vapor is compressed to a pressure suitable for a re-condensation process. The compressed vapor leaves the compressor through pipe 12 and may be passed through an after-cooler 13 for removal of the heat of compression. The cooling medium in 13 may be either water or product gas which has passed through heater 9. Pipe 14 conveys the compressed gas to compartment 16 of vaporizer 6. A surge tank 15 is connected to pipe 14, or alternately it may be inserted in pipe 14. In compartment 16 of vaporizer 6, the compressed vapor is cooled and liquefied by heat exchange with the cold fluid passing in counter current flow through compartment 7. The liquid condensed in compartment 16 is delivered through pipe 17 and pressure regulating valve 18 to the liquefied gas container 1).
However, Wilkinson does not disclose at least one trailer gas feed conduit positionable between a trailer and the gas storage device, the trailer being connectable to the storage tank via a trailer connection for feeding cryogenic liquid from the trailer to the storage tank, wherein the at least one trailer gas feed conduit is positioned and configured so the cryogenic gas formed when cryogenic liquid from the trailer is passed through the trailer connection to cool down elements of the trailer connection as a purge stream is feedable to the gas storage device and/or the at least one trailer gas feed conduit is positioned and configured so that cryogenic gas within the trailer is passable through the trailer gas feed conduit to at least one storage vessel of the gas storage device during a trailer blowdown operation.
Vleet teaches at least one trailer gas feed conduit positionable between a trailer and the gas storage device (Fig. 1, transport container 10, auxiliary container 14, delivery lines 19 and 20, branch 20a), the trailer being connectable to the storage tank via a trailer connection for feeding cryogenic liquid from the trailer to the storage tank (Fig. 1, coupling 21), wherein the at least one trailer gas feed conduit is positioned and configured so the cryogenic gas formed when cryogenic liquid from the trailer is passed through the trailer connection to cool down elements of the trailer connection as a purge stream is feedable to the gas storage device (The delivery lines 19, 20, and branch 20a of Vleet have the same structure as the claimed at least one trailer gas feed conduit and are capable of functioning in the manner claimed; Further, the Examiner would like to not the limitation, “so the cryogenic gas formed when cryogenic liquid from the trailer is passed through the trailer connection to cool down elements of the trailer connection as a purge stream is feedable to the gas storage device” is a contingent system claim limitation and only requires the structure for performing the function should the condition occur (MPEP 2111.04, Section II)) and/or the at least one trailer gas feed conduit is positioned and configured so that cryogenic gas within the trailer is passable through the trailer gas feed conduit to at least one storage vessel of the gas storage device during a trailer blowdown operation (The delivery lines 19, 20, and branch 20a of Vleet have the same structure as the claimed at least one trailer gas feed conduit and are capable of functioning in the manner claimed).
Wilkinson fails to teach at least one trailer gas feed conduit positionable between a trailer and the gas storage device, the trailer being connectable to the storage tank via a trailer connection for feeding cryogenic liquid from the trailer to the storage tank, wherein the at least one trailer gas feed conduit is positioned and configured so the cryogenic gas formed when cryogenic liquid from the trailer is passed through the trailer connection to cool down elements of the trailer connection as a purge stream is feedable to the gas storage device and/or the at least one trailer gas feed conduit is positioned and configured so that cryogenic gas within the trailer is passable through the trailer gas feed conduit to at least one storage vessel of the gas storage device during a trailer blowdown operation, however Vleet teaches that it is a known method in the art of cryogenic fluid transfer to include at least one trailer gas feed conduit positionable between a trailer and the gas storage device, the trailer being connectable to the storage tank via a trailer connection for feeding cryogenic liquid from the trailer to the storage tank, wherein the at least one trailer gas feed conduit is positioned and configured so the cryogenic gas formed when cryogenic liquid from the trailer is passed through the trailer connection to cool down elements of the trailer connection as a purge stream is feedable to the gas storage device and/or the at least one trailer gas feed conduit is positioned and configured so that cryogenic gas within the trailer is passable through the trailer gas feed conduit to at least one storage vessel of the gas storage device during a trailer blowdown operation. This is strong evidence that modifying Wilkinson as claimed would produce predictable results (i.e. maintaining system components within desired temperature ranges and pressure equalization of transfer tanks 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 Wilkinson by Vleet 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 maintaining system components within desired temperature ranges and pressure equalization of transfer tanks to improve overall system efficiencies.
Regarding claim 2, Wilkinson as modified discloses the apparatus of claim 1 (see the combination of references used in the rejection of claim 1 above), comprising:
an arrangement of feed conduits of the vaporized gas recapture and recovery system positioned to feed the gas formed from the cryogenic liquid to the gas storage device (Wilkinson, Fig. 1, pipe 10, pipe 12); and
an arrangement of output conduits of the vaporized gas recapture and recovery system, the output conduits comprising a vaporizer heating medium feed conduit connected between the vaporizer and the gas storage device for feeding the gas to the vaporizer as the heating medium (Wilkinson, Fig. 1, pipe 14).
Regarding claim 3, Wilkinson as modified discloses the apparatus of claim 2 (see the combination of references used in the rejection of claim 2 above), wherein the arrangement of feed conduits of the vaporized gas recapture and recovery system comprises one or more of:
a pressure reduction conduit positioned between the gas storage device and the storage tank (Wilkinson, Fig. 1, pipe 10).
Regarding claim 4, Wilkinson as modified discloses the apparatus of claim 1 (see the combination of references used in the rejection of claim 1 above), wherein the at least one trailer gas feed conduit is positioned and configured so the cryogenic gas formed when cryogenic liquid from the trailer is passed through the trailer connection to cool down elements of the trailer connection as a purge stream is feedable to the gas storage device (The delivery lines 19, 20, and branch 20a of Vleet have the same structure as the claimed at least one trailer gas feed conduit and are capable of functioning in the manner claimed; Further, the Examiner would like to not the limitation, “so the cryogenic gas formed when cryogenic liquid from the trailer is passed through the trailer connection to cool down elements of the trailer connection as a purge stream is feedable to the gas storage device” is a contingent system claim limitation and only requires the structure for performing the function should the condition occur (MPEP 2111.04, Section II)) and
is also positioned and configured so that cryogenic gas within the trailer is passable through the trailer gas feed conduit to at least one storage vessel of the gas storage device during a trailer blowdown operation (The delivery lines 19, 20, and branch 20a of Vleet have the same structure as the claimed at least one trailer gas feed conduit and are capable of functioning in the manner claimed). Further, the limitations of claim 4 are the result of the modification of references used in the rejection of claim 1 above.
Regarding claim 6, Wilkinson as modified discloses the apparatus of claim 3 (see the combination of references used in the rejection of claim 3 above), wherein the apparatus includes only the pressure reduction conduit (Wilkinson, Fig. 1, pipe 10).
Regarding claim 7, Wilkinson as modified discloses the apparatus of claim 3 (see the combination of references used in the rejection of claim 3 above), wherein the arrangement of output conduits of the vaporized gas recapture and recovery system comprises:
a cooled heating medium output conduit connected to the vaporizer to output the gas usable as the heating medium in the vaporizer (Wilkinson, Fig. 1, pipe 17; Col. 3, lines 6-9, The liquid condensed in compartment 16 is delivered through pipe 17 and pressure regulating valve 18 to the liquefied gas container 1), and
at least one of:
a storage tank recovery conduit connected between the cooled heating medium output conduit and the storage tank (See annotated Fig. 1, of Wilkinson below, storage tank recovery conduit A).
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Annotated Fig. 1 of Wilkinson
Regarding claim 12, Wilkinson as modified discloses the apparatus of claim 7 (see the combination of references used in the rejection of claim 7 above), at least one expansion mechanism positioned between the vaporizer and the storage tank (Wilkinson, Fig. 1, pressure regulating valve 18; Col. 3, lines 6-9, The liquid condensed in compartment 16 is delivered through pipe 17 and pressure regulating valve 18 to the liquefied gas container 1).
Regarding claim 14, Wilkinson discloses a process for warming a cryogenic liquid and re-cooling gas (Fig. 1; Col. 2, lines 2-20, In carrying out the invention according to Fig. 1, liquid desired for utilization in the gasified state is withdrawn from the bottom of the container and pumped through a vaporizer and one or more heaters. The warmed, gaseous product is piped to the point of use. The vapor produced within the liquid storage container by the volatilizing effect of that heat which leaks from the atmosphere through the insulation of the container is withdrawn from the top part of the container, compressed to a suitable pressure and re-liquefied by heat exchange with the liquid withdrawn from the bottom of the container. The liquid produced by condensation of the vapor is returned to the storage container. This system eliminates the need for discharging vapor from the top of the storage container to the atmosphere with its irretrievable loss thereby), the process comprising:
feeding gas formed from cryogenic liquid stored in a storage tank to a gas storage device (Fig. 1, surge tank 15, container 1, pipe 10, pipe 12; Col. 2-3, lines 41-55 and 1-9, In order to accomplish the particular purpose of the present invention, the vapor generated within the storage container 1, as a consequence of heat leak through the insulation 2, and such supporting devices as may be provided, is withdrawn through pipe 10 and conveyed to compressor 11 where the vapor is compressed to a pressure suitable for a re-condensation process. The compressed vapor leaves the compressor through pipe 12 and may be passed through an after-cooler 13 for removal of the heat of compression. The cooling medium in 13 may be either water or product gas which has passed through heater 9. Pipe 14 conveys the compressed gas to compartment 16 of vaporizer 6. A surge tank 15 is connected to pipe 14, or alternately it may be inserted in pipe 14. In compartment 16 of vaporizer 6, the compressed vapor is cooled and liquefied by heat exchange with the cold fluid passing in counter current flow through compartment 7. The liquid condensed in compartment 16 is delivered through pipe 17 and pressure regulating valve 18 to the liquefied gas container 1);
outputting the gas from the gas storage device to a cryogenic liquid vaporizer as a heating medium for warming cryogenic liquid output from the cryogenic liquid storage tank and cooling the heating medium (Fig. 1, vaporizer 6, compartment 7, compartment 16; Col. 2, lines 31-37, The effluent of the pump passes through pipe 5 to a vaporizer where it is wholly or partly vaporized in compartment 7. The vaporizer is supplied with heat by a stream of gas which is pumped through compartment 16 as hereinafter described; Col. 2-3, lines 41-55 and 1-9, In order to accomplish the particular purpose of the present invention, the vapor generated within the storage container 1, as a consequence of heat leak through the insulation 2, and such supporting devices as may be provided, is withdrawn through pipe 10 and conveyed to compressor 11 where the vapor is compressed to a pressure suitable for a re-condensation process. The compressed vapor leaves the compressor through pipe 12 and may be passed through an after-cooler 13 for removal of the heat of compression. The cooling medium in 13 may be either water or product gas which has passed through heater 9. Pipe 14 conveys the compressed gas to compartment 16 of vaporizer 6. A surge tank 15 is connected to pipe 14, or alternately it may be inserted in pipe 14. In compartment 16 of vaporizer 6, the compressed vapor is cooled and liquefied by heat exchange with the cold fluid passing in counter current flow through compartment 7. The liquid condensed in compartment 16 is delivered through pipe 17 and pressure regulating valve 18 to the liquefied gas container 1); and
feeding the gas used as the heating medium in the cryogenic liquid vaporizer toward the cryogenic liquid storage tank (Col. 3, lines 6-9, The liquid condensed in compartment 16 is delivered through pipe 17 and pressure regulating valve 18 to the liquefied gas container 1);
The apparatus of Wilkinson further includes a pump positioned to feed the cryogenic liquid stored in the storage tank to the vaporizer for being vaporized (Fig. 1, pump 4; Col. 2, lines 27-34, For withdrawal of liquid from the container for useful employment, there is a pipe, 3, leading to pump 4. The latter compresses the fluid to such pressures as may be desired for use or storage of the ultimate gaseous product. The effluent of the pump passes through pipe 5 to a vaporizer 6 where it is wholly or partly vaporized in compartment 7); and
a conduit or other unit downstream of the cryogenic liquid vaporizer (Fig. 1, pipe 8).
However, Wilkinson does not disclose feeding gas formed from cryogenic liquid stored in a cryogenic liquid trailer and/or purge gas from a trailer connection for connecting the cryogenic liquid trailer to the storage tank.
Vleet teaches feeding gas formed from cryogenic liquid stored in a cryogenic liquid trailer and/or purge gas from a trailer connection for connecting the cryogenic liquid trailer to the storage tank (Fig. 1, transport container 10, main storage container 12, auxiliary container 14, delivery lines 19 and 20, branch 20a, coupling 21, coupling 22; Col. 2, As shown in Fig. 1, the installation at the consumers includes in general an insulated main storage container 12 maintained at low pressure, a pump 13 for transferring the liquid from the transport to the container 12, and an auxiliary container 14 of the type commonly referred to as a “cold converter”; Col. 3, lines 7-10, under certain circumstances the delivery to the container 12 may be through the line with suitable provision 20a of valves and adjustment thereof).
Wilkinson fails to teach feeding gas formed from cryogenic liquid stored in a cryogenic liquid trailer and/or purge gas from a trailer connection for connecting the cryogenic liquid trailer to the storage tank, however Vleet teaches that it is a known method in the art of cryogenic fluid transfer to include feeding gas formed from cryogenic liquid stored in a cryogenic liquid trailer and/or purge gas from a trailer connection for connecting the cryogenic liquid trailer to the storage tank. This is strong evidence that modifying Wilkinson as claimed would produce predictable results (i.e. maintaining system components within desired temperature ranges and pressure equalization of transfer tanks 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 Wilkinson by Vleet 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 maintaining system components within desired temperature ranges and pressure equalization of transfer tanks to improve overall system efficiencies.
Regarding claim 15, Wilkinson as modified discloses the process of claim 14, wherein the feeding of the gas used as the heating medium in the cryogenic liquid vaporizer toward the cryogenic liquid storage tank (see the combination of references used in the rejection of claim 14 above) comprises:
feeding at least a portion of the gas used as the heating medium in the cryogenic liquid vaporizer to (ii) at least one pressure reduction device for feeding fluid to the storage tank (Wilkinson, Fig. 1, pressure regulating valve 18; Col. 3, lines 6-9, The liquid condensed in compartment 16 is delivered through pipe 17 and pressure regulating valve 18 to the liquefied gas container 1).
Regarding claim 16, Wilkinson as modified discloses the process of claim 15 (see the combination of references used in the rejection of claim 15 above),
wherein the fluid fed to the storage tank is at least partially liquified via the at least one pressure reduction device (Fig. 1, pressure regulating valve 18; Col. 3, lines 6-9, The liquid condensed in compartment 16 is delivered through pipe 17 and pressure regulating valve 18 to the liquefied gas container 1).
Claims 3 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Wilkinson as modified by Vleet as applied to claim 2 above, and further in view of Preston et al. (US Patent No. 5,787,942), hereinafter Preston.
Regarding an alternative of claim 3, Wilkinson as modified discloses the apparatus of claim 2 (see the combination of references used in the rejection of claim 2 above), wherein the arrangement of feed conduits of the vaporized gas recapture and recovery system comprises one or more of:
a pressure reduction conduit positioned between the gas storage device and the storage tank (Fig. 1, pipe 10);
a pump, the pump being positioned between the vaporizer and the storage tank to feed the cryogenic liquid to the vaporizer (Fig. 1, pump 4; Col. 2, lines 27-34, For withdrawal of liquid from the container for useful employment, there is a pipe, 3, leading to pump 4. The latter compresses the fluid to such pressures as may be desired for use or storage of the ultimate gaseous product. The effluent of the pump passes through pipe 5 to a vaporizer 6 where it is wholly or partly vaporized in compartment 7).
However, Wilkinson as modified does not disclose a pump cooldown output conduit positioned between a pump and the gas storage device.
Preston teaches a pump cooldown output conduit positioned between a pump and a gas storage device (Fig. 2, bulk storage tank 22, pump 24, recirculation conduit 26).
Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the apparatus of Wilkinson as modified to include a pump cooldown output conduit positioned between a pump and the gas storage device as taught by Preston. One of ordinary skill in the art would have been motivated to make this modification to permit pressure control of the gas storage device (Preston, Col. 23, lines 66-67 and 1-2).
Regarding claim 5, Wilkinson as modified discloses the apparatus of the alternative of claim 3 (see the combination of references used in the rejection of the alternative of claim 3 above) wherein the apparatus includes the pressure reduction conduit and the pump cooldown output conduit (Wilkinson, Fig. 1, pipe 10; Preston, Fig. 2, recirculation conduit 26). Further, the recitation, “wherein the apparatus includes the pressure reduction conduit and the pump cooldown output conduit” is the result of the modification of references used in the rejection of the alternative of claim 3 above.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Wilkinson as modified by Vleet as applied to claim 7 above, and further in view of Minta et al. (US 20110297346), hereinafter Minta.
Regarding claim 8, Wilkinson as modified discloses the apparatus of claim 7 (see the combination of references used in the rejection of claim 7 above).
However, Wilkinson as modified does not disclose at least one cooling device connectable to the cooled heating medium output conduit to further cool the gas output from the vaporizer via the cooled heating medium output conduit, the at least one cooling device positioned between the storage tank and the vaporizer.
Minta teaches at least one cooling device connectable to the cooled heating medium output conduit to further cool the gas output from the vaporizer via the cooled heating medium output conduit, the at least one cooling device positioned between the storage tank and the vaporizer (Fig. 2, liquefaction system 200, line 102, heat exchange apparatus 110, line 208, supplemental cooling system 206, container 102; Fig. 3, heat exchange apparatus 110, line 304, line 202, line 204, supplemental cooling system 206, container 102; Pg. 5, paragraph 46, FIG. 2 shows an exemplary diagram of an alternative embodiment of the heat transfer system of FIG. 1. As such, FIG. 2 maybe best understood with reference to FIG.1. The heat transfer system includes a liquefaction system 200 having a line 202 for delivering a feed gas, a heat exchange apparatus 110, a line 204 for carrying the condensed, cooled feed gas from the regenerator to a container 102 for storing liquefied gas. Optionally, the system 200 may also include a supplemental heat exchanger 206 for sub-cooling the gas, a line 208 to carry the further cooled gas to an optional expander 210, and a line 212 to carry the liquefied gas to the liquefied gas container 102. Another optional embodiment of the system 200 may include a supplemental heat exchange system 214 for pre-cooling the gaseous feed stream before entering the heat exchanger 110; Pg. 2, paragraph 51, The system 200 may further include optional supplemental cooling systems 206 and/or 214. Supplemental cooler 206 may include additional equipment 206a such as pumps, chillers, and/or expanders and may be utilized for sub-cooling the gaseous stream if the heat exchanger 110 fails to sufficiently liquefy the gas for transport; Pg. 5, paragraph 53, FIG. 3 shows an exemplary diagram of an alternative embodiment of the heat transfer system of FIGS. 1 and 2. As such, FIG. 3 may be best understood with reference to FIGS. 1 and 2. The heat transfer system 300 includes a regasification system 100 and a liquefaction system 200 integrated into a single system).
Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the apparatus of Wilkinson as modified to include at least one cooling device connectable to the cooled heating medium output conduit to further cool the gas output from the vaporizer via the cooled heating medium output conduit, the at least one cooling device positioned between the storage tank and the vaporizer as taught by Minta. One of ordinary skill in the art would have been motivated to make this modification in order to sufficiently liquefy the gas for transport (Minta, Pg. 2, paragraph 51).
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Wilkinson as modified by Vleet as applied to claim 14 above, and further in view of Shinmura et al. (WO 2018008685), hereinafter Shinmura.
Regarding claim 17, Wilkinson as modified discloses the process of claim 14 (see the combination of references used in the rejection of claim 14 above).
However, Wilkinson as modified does not disclose wherein the feeding of the gas used as the heating medium in the cryogenic liquid vaporizer toward the storage tank, and/or the pump, and/or the conduit or other unit downstream of the cryogenic liquid vaporizer comprises:
feeding at least a portion of the gas used as the heating medium in the cryogenic liquid vaporizer to the conduit or other unit downstream of the cryogenic liquid vaporizer.
Shinmura teaches feeding at least a portion of the gas used as the heating medium in the cryogenic liquid vaporizer to the conduit or other unit downstream of the cryogenic liquid vaporizer (Fig. 1, first supply line 2, heat exchanger 5, first branch line 41, compressor 21, gas engine 13; Further, Fig. 1 of Shinmura depicts first branch line 41 to be directed back to first supply line 2 for supply to the compressor 21 and gas engine 13).
Wilkinson as modified fails to teach feeding at least a portion of the gas used as the heating medium in the cryogenic liquid vaporizer to the conduit or other unit downstream of the cryogenic liquid vaporizer, however Shinmura teaches that it is a known method in the art of cryogenic gas dispensing to include feeding at least a portion of the gas used as the heating medium in the cryogenic liquid vaporizer to the conduit or other unit downstream of the cryogenic liquid vaporizer. This is strong evidence that modifying Wilkinson as modified as claimed would produce predictable results (i.e. ensuring gas at the desired vapor quality is dispensed to the user). 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 Wilkinson by Shinmura and arrive at the claimed invention since all claimed elements were known in the art and one having ordinary skill in the art could have combined the elements as claimed by known methods with no changes in their respective functions and the combination would have yielded the predictable result of ensuring gas at the desired vapor quality is dispensed to the user.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Wilkinson as modified by Vleet as applied to claim 14 above, and further in view of Minta et al. (US 20110297346), hereinafter Minta.
Regarding claim 18, Wilkinson as modified discloses the process of claim 14, wherein the feeding of the gas used as the heating medium in the cryogenic liquid vaporizer toward the storage tank (see the combination of references used in the rejection of claim 14 above) comprises:
feeding at least a portion of the gas used as the heating medium in the cryogenic liquid vaporizer to (ii) at least one pressure reduction device for feeding fluid to the storage tank, the at least one pressure reduction device being positioned upstream of the storage tank (Fig. 1, pressure regulating valve 18; Col. 3, lines 6-9, The liquid condensed in compartment 16 is delivered through pipe 17 and pressure regulating valve 18 to the liquefied gas container 1).
However, Wilkinson as modified does not disclose feeding at least a portion of the gas used as the heating medium in the cryogenic liquid vaporizer to (i) at least one cooling device.
Minta teaches feeding at least a portion of the gas used as the heating medium in the cryogenic liquid vaporizer to (i) at least one cooling device (Fig. 2, liquefaction system 200, line 102, heat exchange apparatus 110, line 208, supplemental cooling system 206, container 102; Fig. 3, heat exchange apparatus 110, line 304, line 202, line 204, supplemental cooling system 206, container 102; Pg. 5, paragraph 46, FIG. 2 shows an exemplary diagram of an alternative embodiment of the heat transfer system of FIG. 1. As such, FIG. 2 maybe best understood with reference to FIG.1. The heat transfer system includes a liquefaction system 200 having a line 202 for delivering a feed gas, a heat exchange apparatus 110, a line 204 for carrying the condensed, cooled feed gas from the regenerator to a container 102 for storing liquefied gas. Optionally, the system 200 may also include a supplemental heat exchanger 206 for sub-cooling the gas, a line 208 to carry the further cooled gas to an optional expander 210, and a line 212 to carry the liquefied gas to the liquefied gas container 102. Another optional embodiment of the system 200 may include a supplemental heat exchange system 214 for pre-cooling the gaseous feed stream before entering the heat exchanger 110; Pg. 2, paragraph 51, The system 200 may further include optional supplemental cooling systems 206 and/or 214. Supplemental cooler 206 may include additional equipment 206a such as pumps, chillers, and/or expanders and may be utilized for sub-cooling the gaseous stream if the heat exchanger 110 fails to sufficiently liquefy the gas for transport; Pg. 5, paragraph 53, FIG. 3 shows an exemplary diagram of an alternative embodiment of the heat transfer system of FIGS. 1 and 2. As such, FIG. 3 may be best understood with reference to FIGS. 1 and 2. The heat transfer system 300 includes a regasification system 100 and a liquefaction system 200 integrated into a single system).
Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the process of Wilkinson as modified to include the step or limitation of feeding at least a portion of the gas used as the heating medium in the cryogenic liquid vaporizer to (i) at least one cooling device as taught by Minta. One of ordinary skill in the art would have been motivated to make this modification in order to sufficiently liquefy the gas for transport (Minta, Pg. 2, paragraph 51).
Notice of Reasons for Allowance
Claims 9-11 and 19 are allowed.
Regarding claim 9, the prior art does not anticipate nor render obvious the combination set forth in the independent claims, and specifically does not disclose the following: a refrigerant feed conduit to receive refrigerant for cooling the gas output from the vaporizer received via the cooled heating medium output conduit; a refrigerant pressure increasing device positioned to received warmed refrigerant output from the cooling heat exchanger to increase the pressure of the warmed refrigerant for feeding to the vaporizer as a heating medium; and refrigerant pressure let down device positioned to receive the refrigerant from the vaporizer after the warm refrigerant fed to the vaporizer as the heating medium is cooled via the vaporizer, the pressure let down device connected to the refrigerant feed conduit, the pressure let down device configured to reduce a pressure of the refrigerant for feeding the refrigerant to the cooling heat exchanger at a pre-selected refrigerant feed pressure.
Although the closest prior art of record, Wilkinson (US Patent No. 2,682,154), hereinafter Wilkinson in view of Minta et al. (US 20110297346), hereinafter Minta disclose an apparatus for warming a cryogenic liquid to vaporize the cryogenic liquid and re-cool gas for recapture and recovery of that gas (Fig. 1; Col. 2, lines 2-20, In carrying out the invention according to Fig. 1, liquid desired for utilization in the gasified state is withdrawn from the bottom of the container and pumped through a vaporizer and one or more heaters. The warmed, gaseous product is piped to the point of use. The vapor produced within the liquid storage container by the volatilizing effect of that heat which leaks from the atmosphere through the insulation of the container is withdrawn from the top part of the container, compressed to a suitable pressure and re-liquefied by heat exchange with the liquid withdrawn from the bottom of the container. The liquid produced by condensation of the vapor is returned to the storage container. This system eliminates the need for discharging vapor from the top of the storage container to the atmosphere with its irretrievable loss thereby), the apparatus comprising:
a vaporized gas recapture and recovery system having a gas storage device positionable between a storage tank positioned and configured to store the cryogenic liquid and a vaporizer positioned to heat the cryogenic liquid outputtable from the storage tank to vaporize the cryogenic liquid (Fig. 1, surge tank 15, container 1, pipe 10, pipe 12, pipe 14, vaporizer 6, compartment 7, compartment 16; Col. 2, lines 21-28 and 31-37, Referring to Figure 1, 1 indicates a container for liquefied gas consisting of a metal tank of any suitable form and construction surrounded by media, 2, and supported by devices, which afford a high degree of thermal insulation of the liquefied gas from the atmosphere and adjacent bodies. For withdrawal of liquid from the container…The effluent of the pump passes through pipe 5 to a vaporizer where it is wholly or partly vaporized in compartment 7. The vaporizer is supplied with heat by a stream of gas which is pumped through compartment 16 as hereinafter described; Further, the container 1 of Wilkinson has the same structure as the claimed storage tank and is capable of functioning in the manner claimed); and
the gas storage device positioned to receive gas formed from the cryogenic liquid for storage and feed the stored gas to the vaporizer as a heating medium for warming of the cryogenic liquid (Col. 2-3, lines 41-55 and 1-9, In order to accomplish the particular purpose of the present invention, the vapor generated within the storage container 1, as a consequence of heat leak through the insulation 2, and such supporting devices as may be provided, is withdrawn through pipe 10 and conveyed to compressor 11 where the vapor is compressed to a pressure suitable for a re-condensation process. The compressed vapor leaves the compressor through pipe 12 and may be passed through an after-cooler 13 for removal of the heat of compression. The cooling medium in 13 may be either water or product gas which has passed through heater 9. Pipe 14 conveys the compressed gas to compartment 16 of vaporizer 6. A surge tank 15 is connected to pipe 14, or alternately it may be inserted in pipe 14. In compartment 16 of vaporizer 6, the compressed vapor is cooled and liquefied by heat exchange with the cold fluid passing in counter current flow through compartment 7. The liquid condensed in compartment 16 is delivered through pipe 17 and pressure regulating valve 18 to the liquefied gas container 1);
an arrangement of feed conduits of the vaporized gas recapture and recovery system positioned to feed the gas formed from the cryogenic liquid to the gas storage device (Fig. 1, pipe 10, pipe 12); and
an arrangement of output conduits of the vaporized gas recapture and recovery system, the output conduits comprising a vaporizer heating medium feed conduit connected between the vaporizer and the gas storage device for feeding the gas to the vaporizer as the heating medium (Fig 1, pipe 14);
wherein the arrangement of feed conduits of the vaporized gas recapture and recovery system comprises one or more of:
a pressure reduction conduit positioned between the gas storage device and the storage tank (Fig. 1, pipe 10);
wherein the arrangement of output conduits of the vaporized gas recapture and recovery system comprises:
a cooled heating medium output conduit connected to the vaporizer to output the gas usable as the heating medium in the vaporizer (Wilkinson, Fig. 1, pipe 17; Col. 3, lines 6-9, The liquid condensed in compartment 16 is delivered through pipe 17 and pressure regulating valve 18 to the liquefied gas container 1), and
at least one of:
a storage tank recovery conduit connected between the cooled heating medium output conduit and the storage tank (See annotated Fig. 1, of Wilkinson below, storage tank recovery conduit A).
However, Wilkinson does not disclose at least one cooling device connectable to the cooled heating medium output conduit to further cool the gas output from the vaporizer via the cooled heating medium output conduit, the at least one cooling device positioned between the storage tank and the vaporizer, wherein the at least one cooling device comprises:
a cooling heat exchanger connected to the cooled heating medium output conduit.
Minta teaches at least one cooling device connectable to the cooled heating medium output conduit to further cool the gas output from the vaporizer via the cooled heating medium output conduit, the at least one cooling device positioned between the storage tank and the vaporizer, wherein the at least one cooling device comprises a cooling heat exchanger connected to the cooled heating medium output conduit (Fig. 2, liquefaction system 200, line 102, heat exchange apparatus 110, line 208, supplemental cooling system 206, container 102; Fig. 3, heat exchange apparatus 110, line 304, line 202, line 204, supplemental cooling system 206, container 102; Pg. 5, paragraph 46, FIG. 2 shows an exemplary diagram of an alternative embodiment of the heat transfer system of FIG. 1. As such, FIG. 2 maybe best understood with reference to FIG.1. The heat transfer system includes a liquefaction system 200 having a line 202 for delivering a feed gas, a heat exchange apparatus 110, a line 204 for carrying the condensed, cooled feed gas from the regenerator to a container 102 for storing liquefied gas. Optionally, the system 200 may also include a supplemental heat exchanger 206 for sub-cooling the gas, a line 208 to carry the further cooled gas to an optional expander 210, and a line 212 to carry the liquefied gas to the liquefied gas container 102. Another optional embodiment of the system 200 may include a supplemental heat exchange system 214 for pre-cooling the gaseous feed stream before entering the heat exchanger 110; Pg. 2, paragraph 51, The system 200 may further include optional supplemental cooling systems 206 and/or 214. Supplemental cooler 206 may include additional equipment 206a such as pumps, chillers, and/or expanders and may be utilized for sub-cooling the gaseous stream if the heat exchanger 110 fails to sufficiently liquefy the gas for transport; Pg. 5, paragraph 53, FIG. 3 shows an exemplary diagram of an alternative embodiment of the heat transfer system of FIGS. 1 and 2. As such, FIG. 3 may be best understood with reference to FIGS. 1 and 2. The heat transfer system 300 includes a regasification system 100 and a liquefaction system 200 integrated into a single system).
Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the apparatus of Wilkinson of claim 9 to include at least one cooling device connectable to the cooled heating medium output conduit to further cool the gas output from the vaporizer via the cooled heating medium output conduit, the at least one cooling device positioned between the storage tank and the vaporizer, wherein the at least one cooling device comprises a cooling heat exchanger connected to the cooled heating medium output conduit as taught by Minta. One of ordinary skill in the art would have been motivated to make this modification in order to sufficiently liquefy the gas for transport (Minta, Pg. 2, paragraph 51).
However, there is no teaching in the prior art of record that would, reasonably and absent impermissible hindsight, motivate one of ordinary skill in the art to modify the teachings of the prior art to provide a refrigerant feed conduit to receive refrigerant for cooling the gas output from the vaporizer received via the cooled heating medium output conduit; a refrigerant pressure increasing device positioned to received warmed refrigerant output from the cooling heat exchanger to increase the pressure of the warmed refrigerant for feeding to the vaporizer as a heating medium; and refrigerant pressure let down device positioned to receive the refrigerant from the vaporizer after the warm refrigerant fed to the vaporizer as the heating medium is cooled via the vaporizer, the pressure let down device connected to the refrigerant feed conduit, the pressure let down device configured to reduce a pressure of the refrigerant for feeding the refrigerant to the cooling heat exchanger at a pre-selected refrigerant feed pressure, in combination with all other claimed features.
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Annotated Fig. 1 of Wilkinson
Regarding claim 19, the prior art does not anticipate nor render obvious the combination set
forth in the independent claims, and specifically does not disclose the following: outputting the refrigerant from the cooling heat exchanger for feeding to the vaporizer to cool the refrigerant output from the cooling heat exchanger.
Although the closest prior art of record, Wilkinson (US Patent No. 2,682,154), hereinafter Wilkinson in view of Minta et al. (US 20110297346), hereinafter Minta disclose a process for warming a cryogenic liquid and re-cooling gas (Fig. 1; Col. 2, lines 2-20, In carrying out the invention according to Fig. 1, liquid desired for utilization in the gasified state is withdrawn from the bottom of the container and pumped through a vaporizer and one or more heaters. The warmed, gaseous product is piped to the point of use. The vapor produced within the liquid storage container by the volatilizing effect of that heat which leaks from the atmosphere through the insulation of the container is withdrawn from the top part of the container, compressed to a suitable pressure and re-liquefied by heat exchange with the liquid withdrawn from the bottom of the container. The liquid produced by condensation of the vapor is returned to the storage container. This system eliminates the need for discharging vapor from the top of the storage container to the atmosphere with its irretrievable loss thereby), the process comprising:
feeding gas formed from cryogenic liquid stored in a storage tank to a gas storage device (Fig. 1, surge tank 15, container 1, pipe 10, pipe 12; Col. 2-3, lines 41-55 and 1-9, In order to accomplish the particular purpose of the present invention, the vapor generated within the storage container 1, as a consequence of heat leak through the insulation 2, and such supporting devices as may be provided, is withdrawn through pipe 10 and conveyed to compressor 11 where the vapor is compressed to a pressure suitable for a re-condensation process. The compressed vapor leaves the compressor through pipe 12 and may be passed through an after-cooler 13 for removal of the heat of compression. The cooling medium in 13 may be either water or product gas which has passed through heater 9. Pipe 14 conveys the compressed gas to compartment 16 of vaporizer 6. A surge tank 15 is connected to pipe 14, or alternately it may be inserted in pipe 14. In compartment 16 of vaporizer 6, the compressed vapor is cooled and liquefied by heat exchange with the cold fluid passing in counter current flow through compartment 7. The liquid condensed in compartment 16 is delivered through pipe 17 and pressure regulating valve 18 to the liquefied gas container 1);
outputting the gas from the gas storage device to a cryogenic liquid vaporizer as a heating medium for warming cryogenic liquid output from the cryogenic liquid storage tank and cooling the heating medium (Fig. 1, vaporizer 6, compartment 7, compartment 16; Col. 2, lines 31-37, The effluent of the pump passes through pipe 5 to a vaporizer where it is wholly or partly vaporized in compartment 7. The vaporizer is supplied with heat by a stream of gas which is pumped through compartment 16 as hereinafter described; Col. 2-3, lines 41-55 and 1-9, In order to accomplish the particular purpose of the present invention, the vapor generated within the storage container 1, as a consequence of heat leak through the insulation 2, and such supporting devices as may be provided, is withdrawn through pipe 10 and conveyed to compressor 11 where the vapor is compressed to a pressure suitable for a re-condensation process. The compressed vapor leaves the compressor through pipe 12 and may be passed through an after-cooler 13 for removal of the heat of compression. The cooling medium in 13 may be either water or product gas which has passed through heater 9. Pipe 14 conveys the compressed gas to compartment 16 of vaporizer 6. A surge tank 15 is connected to pipe 14, or alternately it may be inserted in pipe 14. In compartment 16 of vaporizer 6, the compressed vapor is cooled and liquefied by heat exchange with the cold fluid passing in counter current flow through compartment 7. The liquid condensed in compartment 16 is delivered through pipe 17 and pressure regulating valve 18 to the liquefied gas container 1); and
feeding the gas used as the heating medium in the cryogenic liquid vaporizer toward the cryogenic liquid storage tank (Col. 3, lines 6-9, The liquid condensed in compartment 16 is delivered through pipe 17 and pressure regulating valve 18 to the liquefied gas container 1);
The apparatus of Wilkinson further includes a pump positioned to feed the cryogenic liquid stored in the storage tank to the vaporizer for being vaporized (Fig. 1, pump 4; Col. 2, lines 27-34, For withdrawal of liquid from the container for useful employment, there is a pipe, 3, leading to pump 4. The latter compresses the fluid to such pressures as may be desired for use or storage of the ultimate gaseous product. The effluent of the pump passes through pipe 5 to a vaporizer 6 where it is wholly or partly vaporized in compartment 7); and
a conduit or other unit downstream of the cryogenic liquid vaporizer (Fig. 1, pipe 8).
However, Wilkinson does not disclose wherein the feeding of the gas used as the heating medium in the cryogenic liquid vaporizer toward the storage tank comprises:
feeding at least a portion of the gas used as the heating medium in the cryogenic liquid vaporizer to at least one cooling device, and the process also comprises:
feeding a refrigerant to a cooling heat exchanger of the at least one cooling device to cool the gas used as the heating medium.
Minta teaches wherein the feeding of the gas used as the heating medium in the cryogenic liquid vaporizer toward the storage tank comprises:
feeding at least a portion of the gas used as the heating medium in the cryogenic liquid vaporizer to at least one cooling device, and the process also comprises:
feeding a refrigerant to a cooling heat exchanger of the at least one cooling device to cool the gas used as the heating medium (Fig. 2, liquefaction system 200, line 102, heat exchange apparatus 110, line 208, supplemental cooling system 206, container 102; Fig. 3, heat exchange apparatus 110, line 304, line 202, line 204, supplemental cooling system 206, container 102; Pg. 5, paragraph 46, FIG. 2 shows an exemplary diagram of an alternative embodiment of the heat transfer system of FIG. 1. As such, FIG. 2 maybe best understood with reference to FIG.1. The heat transfer system includes a liquefaction system 200 having a line 202 for delivering a feed gas, a heat exchange apparatus 110, a line 204 for carrying the condensed, cooled feed gas from the regenerator to a container 102 for storing liquefied gas. Optionally, the system 200 may also include a supplemental heat exchanger 206 for sub-cooling the gas, a line 208 to carry the further cooled gas to an optional expander 210, and a line 212 to carry the liquefied gas to the liquefied gas container 102. Another optional embodiment of the system 200 may include a supplemental heat exchange system 214 for pre-cooling the gaseous feed stream before entering the heat exchanger 110; Pg. 2, paragraph 51, The system 200 may further include optional supplemental cooling systems 206 and/or 214. Supplemental cooler 206 may include additional equipment 206a such as pumps, chillers, and/or expanders and may be utilized for sub-cooling the gaseous stream if the heat exchanger 110 fails to sufficiently liquefy the gas for transport; Pg. 5, paragraph 53, FIG. 3 shows an exemplary diagram of an alternative embodiment of the heat transfer system of FIGS. 1 and 2. As such, FIG. 3 may be best understood with reference to FIGS. 1 and 2. The heat transfer system 300 includes a regasification system 100 and a liquefaction system 200 integrated into a single system).
Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the process of Wilkinson of claim 19 to include the step or limitation of wherein the feeding of the gas used as the heating medium in the cryogenic liquid vaporizer toward the storage tank comprises:
feeding at least a portion of the gas used as the heating medium in the cryogenic liquid vaporizer to at least one cooling device, and the process also comprises feeding a refrigerant to a cooling heat exchanger of the at least one cooling device to cool the gas used as the heating medium as taught by Minta. One of ordinary skill in the art would have been motivated to make this modification in order to sufficiently liquefy the gas for transport (Minta, Pg. 2, paragraph 51).
However, there is no teaching in the prior art of record that would, reasonably and absent impermissible hindsight, motivate one of ordinary skill in the art to modify the teachings of the prior art to provide outputting the refrigerant from the cooling heat exchanger for feeding to the vaporizer to cool the refrigerant output from the cooling heat exchanger, in combination with all other claimed features.
Claim 9 is allowable. The restriction requirement among Species 1-4 and Subspecies A and B, as set forth in the Office action mailed on July 09th, 2025, has been reconsidered in view of the allowability of claims to the elected invention pursuant to MPEP § 821.04(a). The restriction requirement is hereby withdrawn as to any claim that requires all the limitations of an allowable claim. Specifically, the restriction requirement of July 09th, 2025 is partially withdrawn. Claim 10, directed to Subspecies A is no longer withdrawn from consideration because the claim requires all the limitations of an allowable claim. However, claims 13 and 20, directed to Species 1, 2, and 4 remain withdrawn from consideration because they do not all require all the limitations of an allowable claim.
In view of the above noted withdrawal of the restriction requirement, applicant is advised that if any claim presented in a divisional application is anticipated by, or includes all the limitations of, a claim that is allowable in the present application, such claim may be subject to provisional statutory and/or nonstatutory double patenting rejections over the claims of the instant application.
Once a restriction requirement is withdrawn, the provisions of 35 U.S.C. 121 are no longer applicable. See In re Ziegler, 443 F.2d 1211, 1215, 170 USPQ 129, 131-32 (CCPA 1971). See also MPEP § 804.01.
Claims 10-11 are also allowed by virtue of their dependency on claim 9.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Frantz Jules can be reached at 571-272-6681. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DEVON MOORE/Examiner, Art Unit 3763 January 21st, 2026
/FRANTZ F JULES/Supervisory Patent Examiner, Art Unit 3763