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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 1/22/2026 has been entered.
Status
The Office Action is in response to the remarks and amendments filed on 1/22/2026. Claims 4, 8 and 12 are cancelled. The rejections pursuant to 35 U.S.C. 112(b) and 112(a) have been maintained. Accordingly, claims 1-3, 5-7,9-11 and 13-20 remain pending for consideration in this Office Action.
Claim Objections
Claims 16-20 are objected to because of the following informalities:
Regarding Claim 16, the recitation “maintaining the fuel tank assembly within the predefined temperature range once the fuel removed from the fuel tank assembly” should be - - maintaining the fuel tank assembly within the predefined temperature range once the fuel is removed from the fuel tank assembly - - for clarity.
Appropriate correction is required.
Claims 17-20 are objected based on dependency from an objected claim.
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 is:
Devices configured to circulate the coolant within the network of conduits in at least Claim 7.
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.
Pump 48 and Coolant circulation system 50 in Figure 1.
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 § 112
§ 112(a)
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-3, 5-7, 9-11 and 13-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding Claims 1, 10 and 16, Applicant has added the limitation “wherein the coolant is different than the cryogenic fuel”. At paragraph 0038 of originally filed specification a coolant circulation system 50 includes devices and structures for operation of a refrigerant cycle. At paragraph 0034, a cryogenic fuel is for example a hydrogen-based fuel. Figure 2 shows a coolant tank 52 and a fuel storage 46. A coolant is understood to be under its broadest meaning a fluid for performing heat exchange. A cryogenic fuel is understood to be under its broadest meaning a fluid stored as a liquid at cryogenic temperatures that is burned to produce heat or power. The specification does not provide a material for the coolant or describe where the coolant is materially different from the cryogenic fuel. There is nothing in the originally filed claims, specification or drawings to support this newly added limitation. Thus, the newly added limitation is deemed to be NEW MATTER.
Claims 2, 3, 5-7,9, 11, 13-15 and 17-20 are rejected based on dependency from a rejected claim.
§ 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 1-3, 5-7,9-11 and 13-20 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.
Regarding Claims 1, 10 and 16, the recitation “wherein the coolant is different than the cryogenic fuel” renders the claims unclear. In particular, the recitation is unclear to what characteristics of the coolant is “different” from the cryogenic fuel. The claim does not define how "the coolant is different than the cryogenic fuel". Therefore, the metes and bounds of the claim are unclear; making the claim indefinite.
Claims 2, 3, 5-7,9, 11, 13-15 and 17-20 are rejected based on dependency from a rejected claim.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 2, 3, 5, 6 and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Haberbusch et al. (US20050132745A1).
Regarding Claim 1, Haberbusch, in light of indefiniteness, teaches a cryogenic fuel system [liquid hydrogen storage system 10 suitable to be provided into an automobile equipped with a hydrogen powered internal combustion engine, Figure 1; 0022] for an aircraft comprising [where the system could be adapted to store liquid hydrogen in an aircraft, where the term vehicle includes aircrafts; 0022]:
a fuel tank assembly [liquid hydrogen storage vessel 20, Figure 1; 0022] configured to store a cryogenic fuel in a liquid phase during aircraft operation [where the interior of the hydrogen storage vessel 20 defines a storage volume 25; 0023; where cryogenic liquid hydrogen 5 flows through delivery pipe 401 to be delivered to a hydrogen-powered internal combustion engine, Figure 1; 0038], wherein the fuel tank assembly includes a network of conduits [thermal jackets 42 and 44, where the first thermal jacket 42 and second thermal jacket are wound or coiled into an overall substantially toroidal shape enclosing toroidal vessel 20, Figure 1; 0023; 0024] for a coolant utilized to maintain a temperature of the fuel tank assembly [where cooling of the liquid storage vessel 20, and effective shielding of the vessel 20 from ambient heat leak are achieved by circulating a refrigerated fluid or refrigerant through the copper tubing of the first thermal jacket 42 and the magnitude of ambient heat transfer to the first thermal jacket 42 is minimized by circulating a refrigerant through the copper tubing of the second thermal jacket 44; 0025] within a predefined temperature range determined to maintain the cryogenic fuel in the liquid phase [where data from the temperature sensing units 71are used to determine the required cooling duty for the OPTR 30 to maintain the vessel 20 at the desired temperature, e.g. at or below 20K (the boiling point of liquid hydrogen); 0029], wherein the coolant is different than the cryogenic fuel [where the cryogenic fuel is hydrogen and the refrigerant is helium; 0025;0029]; and
a cooling system [orifice pulse tube refrigerator (OPTR) 30, Figure 1; 0022] associated with the fuel tank assembly [where the cooling system 40 is coupled to the OPTR 30 and adapted to cool the storage vessel 20; 0022], the cooling system configured to provide a coolant flow through the network of conduits [via pumps 8 and 9, Figure 1; 0062;0065] to maintain the fuel tank assembly within the predefined temperature range [where the first thermal jacket 42 is maintained at low temperature, preferably about 13-20K, via circulation of the refrigerant through the jacket 42 via line 4 and pump 9; 0065] during non-flight operation [where the gas compressor 105 used to drive the OPTR 30 can be powered from external power source, where an external source of power is preferred when the vehicle is parked or not in use; 0068], wherein the cooling system is configured to maintain a temperature of the fuel tank assembly independent of whether the fuel tank assembly is filled with the cryogenic fuel or is empty [where helium circulates through thermal jackets 41 and 42 around the hydrogen storage vessel;0024;0025; and the OPTR 30 can be powered from any one of three power sources depending on the state of the vehicle: external, vehicle alternator/battery power, or hydrogen/air fuel cell power; 0068].
Regarding Claim 2, Haberbusch teaches the invention of claim 1 and further teaches where the cooling system [orifice pulse tube refrigerator (OPTR) 30, Figure 1; 0022] includes a coupling to a ground based power source [where an external source of power is preferred when the vehicle is parked or not in use, where it is contemplated that parking spaces for hydrogen-powered automobiles could be equipped with power couplings or power sockets at relatively little expense; 0068; where the term vehicle includes aircrafts; 0022].
Regarding Claim 3, Haberbusch teaches the invention of claim 1 and further teaches where the cooling system [orifice pulse tube refrigerator (OPTR) 30, Figure 1; 0022] is operable independent of power generated on the aircraft [where the gas compressor 105 used to drive the OPTR 30 can be powered from any one of three power sources depending on the state of the vehicle: external, vehicle alternator/battery power, or hydrogen/air fuel cell power].
Regarding Claim 5, Haberbusch teaches the invention of claim 1 and further teaches an inlet [at refrigerant lines 3 and 4, Figure 1] for filling the network of conduits with the coolant [where refrigerant refrigerated at cold heat exchanger 198 is circulated though thermal jacket 44 via pump 8 from refrigerant line 3, Figure 1 and Figure 4; 0062; where refrigerant refrigerated at cold heat exchanger 292 is circulated through thermal jacket 44 via pump 9 from refrigerant line 4, Figure 1 and Figure 4; 0065], wherein the network of conduits are fillable with coolant through the inlet during non-flight operation of the aircraft [where an external source of power is preferred when the vehicle is parked or not in use, where it is contemplated that parking spaces for hydrogen-powered automobiles could be equipped with power couplings or power sockets at relatively little expense; 0068; where the term vehicle includes aircrafts; 0022].
Regarding Claim 6, Haberbusch teaches the invention of claim 1 and further teaches where the network of conduits [thermal jackets 42 and 44, where the first thermal jacket 42 and second thermal jacket are wound or coiled into an overall substantially toroidal shape enclosing toroidal vessel 20, Figure 1; 0023; 0024] contain the coolant [helium; 0025] during aircraft operation [where the gas compressor 105 used to drive the OPTR 30 can be powered from any one of three power sources depending on the state of the vehicle: external, vehicle alternator/battery power, or hydrogen/air fuel cell power; 0068; where the term vehicle includes aircrafts; 0022].
Regarding Claim 9, Haberbusch teaches the invention of claim 1 and further teaches wherein the predefined temperature range [where the first thermal jacket 42 is maintained at low temperature, preferably about 13-20K; 0065] of the fuel tank assembly [vessel 20, Figure 1] comprises a range of temperatures required to maintain the cryogenic fuel within the fuel tank assembly in the liquid phase [where data from the temperature sensing units 71 indicate how full the vessel 20 is, and also are used to determine the required cooling duty for the OPTR 30 to maintain the vessel 20 at the desired temperature, e.g. at or below 20K (the boiling point of liquid hydrogen); 0029].
Claim Rejections - 35 USC § 103
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.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Haberbusch et al. (US20050132745A1) in view of Hermann (DE3911655C1).
Regarding Claim 7, Haberbusch teaches the invention of claim 1 and further teaches where an aircraft located portion [where the system could be adapted to store liquid hydrogen in aircraft; 0022] and a ground based portion [where vehicle includes aircrafts; 0022; where it is contemplated that parking spaces for hydrogen-powered automobiles could be equipped with power couplings or power sockets at relatively little expense; 0068], but does not teach the ground based portion includes devices configured to circulate the coolant within the network of conduits.
However, Hermann teaches an aircraft with an engine tank for liquid cryogenic fuel [0001] where the ground based portion [ground station 12, Figure 1; 0015] includes devices configured to circulate the coolant [where the ground station 12 contains a pump 13, Figure 1; 0015] within the network of conduits [where warmed hydrogen gas is pumped from ground station 12 through pipeline 11 and the collecting pipe 5 into tubes 3, Figure 1; 0015] where one of ordinary skill in the art would have been capable of applying this known technique to a known device that was ready for improvement and the results would have been predictable to one of ordinary skill in the art i.e., providing a defrosting operation before the aircraft takes off [Hermann;0015].
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the assembly of Haberbasch to have where the ground based portion includes devices configured to circulate the coolant within the network of conduits in view of the teachings of Hermann where this known technique could have been applied to a known device that was ready for improvement and the results would have been predictable i.e., providing a defrosting operation before the aircraft takes off [Hermann;0015].
Claims 10, 11 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Méndez (EP4124 568A1) in view of Haberbusch et al. (US20050132745A1).
Regarding Claim 10, Méndez, in light of indefiniteness, teaches an aircraft propulsion system [engine 2 of an aircraft and fuselage 4 including two liquid hydrogen tanks 3, Figure 2; 0027] comprising:
a turbine engine [where the engine can be a turbofan or propeller configuration; 0038] configured to generate propulsive thrust utilizing a cryogenically stored fuel [where the two liquid hydrogen tanks are designed to supply the engine and where engine 2 provides forward thrust; 0027;0028]; and
a cryogenic fuel system [two liquid hydrogen tanks 3 designed to supply the engine 2, Figure 2; 0027] including a fuel tank assembly [tanks 3 in fuselage 4, Figure 2] configured to store a cryogenic fuel in a liquid phase [liquid hydrogen tanks 3;0027] during aircraft operation [where the engine or engines are hydrogen-powered using direct combustion or fuel cells; 0017], and a predetermined temperature range [where the hydrogen has to be stored in liquid state at between 14K and 20K inside cryogenic tanks; 0003].
but does not teach a cooling system associated with the fuel tank assembly, wherein the fuel tank assembly includes a network of conduits for a coolant that is different than the cryogenic fuel and utilized to maintain a temperature of the fuel tank assembly within the predefined temperature range; the cooling system configured to provide a coolant flow through the network of conduits to maintain the fuel tank assembly within the predefined temperature range during non-flight operation and the cooling system is configured to maintain the temperature of the fuel tank assembly within the predefined temperature range independent of whether the fuel tank assembly is filled with the cryogenic fuel or is empty.
However, Haberbusch teaches a system for storing and dispensing liquid hydrogen without venting [0003] including a cooling system [orifice pulse tube refrigerator (OPTR) 30, Figure 1; 0022] associated with the fuel tank assembly [storage vessel 20, Figure 1; where the cooling system 40 is coupled to the OPTR 30 and adapted to cool the storage vessel 20; 0022], wherein the fuel tank assembly includes a network of conduits [thermal jackets 42 and 44, where the first thermal jacket 42 and second thermal jacket are wound or coiled into an overall substantially toroidal shape enclosing toroidal vessel 20, Figure 1; 0023; 0024] for a coolant that is different than the cryogenic fuel [where the cryogenic fuel is hydrogen and the refrigerant is helium; 0025;0029] and utilized to maintain a temperature of the fuel tank assembly within the predefined temperature range [where data from the temperature sensing units 71are used to determine the required cooling duty for the OPTR 30 to maintain the vessel 20 at the desired temperature, e.g. at or below 20K (the boiling point of liquid hydrogen); 0029]; the cooling system configured to provide a coolant flow through the network of conduits to maintain the fuel tank assembly within the predefined temperature range [where the first thermal jacket 42 is maintained at low temperature, preferably about 13-20K, via circulation of the refrigerant through the jacket 42 via line 4 and pump 9; 0065] during non-flight operation [where the gas compressor 105 used to drive the OPTR 30 can be powered from external power source, where an external source of power is preferred when the vehicle is parked or not in use; 0068] and the cooling system is configured to maintain the temperature of the fuel tank assembly within the predefined temperature range independent of whether the fuel tank assembly is filled with the cryogenic fuel or is empty [where helium circulates through thermal jackets 41 and 42 around the hydrogen storage vessel;0024;0025; and the OPTR 30 can be powered from any one of three power sources depending on the state of the vehicle: external, vehicle alternator/battery power, or hydrogen/air fuel cell power; 0068] where one of ordinary skill in the art would have been capable of applying this known technique to a known device that was ready for improvement and the results would have been predictable to one of ordinary skill in the art i.e., counteracting or abating heat transfer to the storage vessel from the ambient environment [Haberbusch; 0014].
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the assembly of Méndez to have where a cooling system associated with the fuel tank assembly, wherein the fuel tank assembly includes a network of conduits for a coolant that is different than the cryogenic fuel and utilized to maintain a temperature of the fuel tank assembly within the predefined temperature range; the cooling system configured to provide a coolant flow through the network of conduits to maintain the fuel tank assembly within the predefined temperature range during non-flight operation and the cooling system is configured to maintain the temperature of the fuel tank assembly within the predefined temperature range independent of whether the fuel tank assembly is filled with the cryogenic fuel or is empty in view of the teachings of Méndez where this known technique could have been applied to a known device that was ready for improvement and the results would have been predictable i.e., counteracting or abating heat transfer to the storage vessel from the ambient environment [Haberbusch; 0014].
Regarding Claim 11, Méndez, as modified, teaches the invention of claim 10 and does not teach wherein the cooling system is operable independent of power generated on the aircraft.
However, Haberbusch teaches a system for storing and dispensing liquid hydrogen without venting [0003] wherein the cooling system is operable independent of power generated on the aircraft [where helium circulates through thermal jackets 41 and 42 around the hydrogen storage vessel;0024;0025; and the OPTR 30 can be powered from any one of three power sources depending on the state of the vehicle: external, vehicle alternator/battery power, or hydrogen/air fuel cell power; 0068] where one of ordinary skill in the art would have been capable of applying this known technique to a known device that was ready for improvement and the results would have been predictable to one of ordinary skill in the art i.e., providing operation when the aircraft is parked or not in use [Haberbusch; 0068].
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the assembly of the combined teachings to have where the cooling system is operable independent of power generated on the aircraft in view of the teachings of Haberbusch where this known technique could have been applied to a known device that was ready for improvement and the results would have been predictable i.e., providing operation when the aircraft is parked or not in use [Haberbusch; 0068].
Regarding Claim 13, Haberbusch, as modified, teaches the invention of claim 10 and further teaches where the fuel tank assembly [tanks 3 in fuselage 4, Figure 2] includes a network of conduits [thermal jackets 42 and 44, where the first thermal jacket 42 and second thermal jacket are wound or coiled into an overall substantially toroidal shape enclosing toroidal vessel 20, Figure 1; 0023; 0024 of Haberbusch, refer to the rejection of claim 10 above] for a coolant utilized to maintain the temperature of the fuel tank assembly [where cooling of the liquid storage vessel 20, and effective shielding of the vessel 20 from ambient heat leak are achieved by circulating a refrigerated fluid or refrigerant through the copper tubing of the first thermal jacket 42 and the magnitude of ambient heat transfer to the first thermal jacket 42 is minimized by circulating a refrigerant through the copper tubing of the second thermal jacket 44; 0025 of Haberbusch; refer to the rejection of claim 10 above] and an inlet for filling the network of conduits with the coolant [at refrigerant lines 3 and 4, Figure 1; 0062;0065 of Haberbusch, refer to the rejection of claim 10 above], wherein the network of conduits are fillable with coolant through the inlet during non- flight operation [where an external source of power is preferred when the vehicle is parked or not in use, where it is contemplated that parking spaces for hydrogen-powered automobiles could be equipped with power couplings or power sockets at relatively little expense; 0068; where the term vehicle includes aircrafts; 0022, refer to the rejection of claim 10 above].
Claims 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Méndez (EP4124 568A1) in view of Haberbusch et al. (US20050132745A1) as applied to claim 13 above and in further view of Hermann (DE3911655C1).
Regarding Claim 14, Méndez, as modified, teaches the invention of claim 13 and further teaches where the cooling system [orifice pulse tube refrigerator (OPTR) 30, Figure 1; 0022 of Haberbusch, refer to the rejection of claim 10 above] includes an aircraft located portion that is connectable to a ground based portion [the OPTR 30 can be powered from any one of three power sources depending on the state of the vehicle: external, vehicle alternator/battery power, or hydrogen/air fuel cell power; where an external source of power is preferred when the vehicle is parked or not in use; 0068, refer to the rejection of claim 10 above], but does not teach where the ground based portion includes devices configured to circulate the coolant within the network of conduits.
However, Hermann teaches an aircraft with an engine tank for liquid cryogenic fuel [0001] where the ground based portion [ground station 12, Figure 1; 0015] includes devices configured to circulate the coolant [where the ground station 12 contains a pump 13, Figure 1; 0015] within the network of conduits [where warmed hydrogen gas is pumped from ground station 12 through pipeline 11 and the collecting pipe 5 into tubes 3, Figure 1; 0015] where one of ordinary skill in the art would have been capable of applying this known technique to a known device that was ready for improvement and the results would have been predictable to one of ordinary skill in the art i.e., providing a defrosting operation before the aircraft takes off [Hermann;0015].
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the assembly of Haberbasch to have where the ground based portion includes devices configured to circulate the coolant within the network of conduits in view of the teachings of Hermann where this known technique could have been applied to a known device that was ready for improvement and the results would have been predictable i.e., providing a defrosting operation before the aircraft takes off [Hermann;0015].
Regarding Claim 15, Méndez, as modified, teaches the invention of claim 14 and further teaches where the predefined temperature range [where the hydrogen has to be stored in liquid state at between 14K and 20K inside cryogenic tanks; 0003 of Mendez; where vessel 20 is maintained at the desired temperature, e.g. at or below 20K (the boiling point of liquid hydrogen); 0029 of Haberbusch, refer to the rejection of claim 10 above] includes an upper limit [at or below 20K] that is below a temperature required for maintaining the cryogenic fuel in the liquid phase [where hydrogen evaporates into gas state at 20K; 0003].
Claims 16, 18 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Haberbusch et al. (US20050132745A1) in view of Peng (CN210950777U).
Regarding Claim 16, Haberbusch, in light of indefiniteness, teaches a method of operating a cryogenic fuel system [liquid hydrogen storage system 10 suitable to be provided into an automobile equipped with a hydrogen powered internal combustion engine, Figure 1; 0022] for an aircraft [where the system could be adapted to store liquid hydrogen in an aircraft, where the term vehicle includes aircrafts; 0022], the method comprising:
storing a fuel in a fuel tank assembly [liquid hydrogen storage vessel 20, Figure 1; 0022] at a cryogenic condition for use during aircraft operation [where cryogenic liquid hydrogen 5 flows through delivery pipe 401 to be delivered to a hydrogen-powered internal combustion engine, Figure 1; 0038];
powering a cooling system [orifice pulse tube refrigerator (OPTR) 30, Figure 1; 0022, where the OPTR 30 can be powered from any one of three power sources depending on the state of the vehicle: external, vehicle alternator/battery power, or hydrogen/air fuel cell power; 0068] associated with the fuel tank assembly [where the cooling system 40 is coupled to the OPTR 30 and adapted to cool the storage vessel 20; 0022] during non-flight operation [where an external source of power is preferred when the vehicle is parked or not in use; 0068]; and
circulating a coolant within a network of conduits associated with the fuel tank assembly [where cooling of the liquid storage vessel 20, and effective shielding of the vessel 20 from ambient heat leak are achieved by circulating a refrigerated fluid or refrigerant through the copper tubing of the first thermal jacket 42 and the magnitude of ambient heat transfer to the first thermal jacket 42 is minimized by circulating a refrigerant through the copper tubing of the second thermal jacket 44; 0025] utilizing a ground based system [where an external source of power is preferred when the vehicle is parked or not in use; 0068; where it is contemplated that parking spaces for hydrogen-powered automobiles could be equipped with power couplings or power sockets at relatively little expense; 0068; where the term vehicle includes aircrafts; 0022] to maintain the fuel tank assembly within a predefined temperature range [where the first thermal jacket 42 is maintained at low temperature, preferably about 13-20K, via circulation of the refrigerant through the jacket 42 via line 4 and pump 9; 0065] during non-flight operation [when the vehicle is parked or not in use; 0068], wherein the coolant is different than the cryogenic fuel [where the cryogenic fuel is hydrogen and the refrigerant is helium; 0025;0029]; and
maintaining the fuel tank assembly within the predefined temperature range once the fuel is removed from the fuel tank assembly.
However, Peng teaches a cryogenic liquified gas storage system for marine operations [0002] including maintaining the fuel tank [a cryogenic liquid storage tank 10, Figure 1; 0035; especially on ships; 0052] assembly within the predefined temperature range [where by incorporating liquid nitrogen cooling pipes outside the inner metal tank, when the cryogenic liquid stored in the tank has a vaporization temperature higher than or equal to that of liquid nitrogen, the ultra-low vaporization temperature of liquid nitrogen (-196℃) ensures that the cryogenic liquid inside the tank is always surrounded by a temperature lower than its vaporization temperature; 0052] once the fuel is removed from the fuel tank assembly [C] where one of ordinary skill in the art would have been capable of applying this known technique to a known device that was ready for improvement and the results would have been predictable to one of ordinary skill in the art i.e., allowing for direct filling and minimizing recooling time and costs [Peng;0052].
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the method of the combined teachings to have maintaining the fuel tank assembly within the predefined temperature range once the fuel is removed from the fuel tank assembly in view of the teachings of Peng where this known technique could have been applied to a known device that was ready for improvement and the results would have been predictable i.e., allowing for direct filling and minimizing recooling time and costs [Peng;0052].
Regarding Claim 18, Haberbusch, as modified, teaches the invention of claim 16 and further teaches where the predefined temperature range [where the first thermal jacket 42 is maintained at low temperature, preferably about 13-20K, via circulation of the refrigerant through the jacket 42 via line 4 and pump 9; 0065] of the fuel tank assembly [vessel 20, Figure 1;0029] comprises a range of temperatures required to maintain the cryogenic fuel within the fuel tank assembly in the liquid phase [where data from the temperature sensing units 71are used to determine the required cooling duty for the OPTR 30 to maintain the vessel 20 at the desired temperature, e.g. at or below 20K (the boiling point of liquid hydrogen); 0029].
Regarding Claim 20, Haberbusch, as modified, teaches the invention of claim 16 and further teaches wherein the predefined temperature range [where the first thermal jacket 42 is maintained at low temperature, preferably about 13-20K, via circulation of the refrigerant through the jacket 42 via line 4 and pump 9; 0065] includes a lower limit [13K;0065] determined to reduce boil off of fuel within the fuel tank assembly [where data from the temperature sensing units 71are used to determine the required cooling duty for the OPTR 30 to maintain the vessel 20 at the desired temperature, e.g. at or below 20K (the boiling point of liquid hydrogen); 0029].
Claims 17 is rejected under 35 U.S.C. 103 as being unpatentable over Haberbusch et al. (US20050132745A1) in view of Peng (CN210950777U) as applied to claim 16 above and in further view of Hermann (DE3911655C1).
Regarding Claim 17, Haberbusch, as modified, teaches the invention of claim 16 and does not teach filling the network of conduits with the coolant from the ground based system during non-flight operation.
However, Hermann teaches an aircraft with an engine tank for liquid cryogenic fuel [0001] including filling the network of conduits [tubes 3, Figure 1] with the coolant from the ground based system [via pump 3, Figure 1; 0015, where warmed hydrogen gas is pumped from ground station 12 through pipeline 11 and the collecting pipe 5 into tubes 3, Figure 1; 0015] during non-flight operation [where aircraft 1 is at ground station 12, Figure 1; 0015] where one of ordinary skill in the art would have been capable of applying this known technique to a known device that was ready for improvement and the results would have been predictable to one of ordinary skill in the art i.e., providing a defrosting operation before the aircraft takes off [Hermann;0015].
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the assembly of the combined teachings to have filling the network of conduits with the coolant from the ground based system during non-flight operation in view of the teachings of Hermann where this known technique could have been applied to a known device that was ready for improvement and the results would have been predictable i.e., providing a defrosting operation before the aircraft takes off [Hermann;0015].
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Haberbusch et al. (US20050132745A1) in view of Peng (CN210950777U) as applied to claim 16 above and in further view of Beinborn et al. (US20230322190A1).
Regarding Claim 19, Haberbusch, as modified, teaches the invention of claim 16 and further teaches maintaining the fuel tank assembly within the predefined temperature range [where the first thermal jacket 42 of storage vessel 20 is maintained at low temperature, preferably about 13-20K, via circulation of the refrigerant through the jacket 42 via line 4 and pump 9; 0065] and does not teach removing the fuel from the fuel tank assembly during non-flight operation and maintaining the fuel tank assembly within the predefined temperature range once the fuel removed from the fuel tank assembly.
However, Beinborn teaches systems and methods for optimizing refueling hydrogen in equipment, powertrains and/or vehicles [0002] including removing the fuel from the fuel tank assembly [where the vehicle fuel tank 108 may need to be purged before the mining truck 102 can be serviced for any repair, where the fuel is removed from the vehicle fuel tanks 108; 0110] during non-flight operation [where the vehicle is at the service station 110 indoors and the vehicle fuel tanks 108 are purged before switching to battery power; 0110] and cooling the fuel tank assembly once the fuel is removed from the fuel tank assembly [where the method may further comprise enabling a vehicle cooling system to cool the empty tank on the vehicle before swapping the empty hydrogen fuel tank with the filled station fuel tank; 0142] where one of ordinary skill in the art would have been capable of applying this known technique to a known device that was ready for improvement and the results would have been predictable to one of ordinary skill in the art i.e., allowing the system to be safely serviced for repair [Beinborn;0110].
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the assembly of the combined teachings to have removing the fuel from the fuel tank assembly during non-flight operation and maintaining the fuel tank assembly within the predefined temperature range once the fuel removed from the fuel tank assembly in view of the teachings of Beinborn where this known technique could have been applied to a known device that was ready for improvement and the results would have been predictable i.e., allowing the system to be safely serviced for repair [Beinborn;0110].
Response to Arguments
Applicant's arguments, filed on 1/22/2026, in regard to the 35 U.S.C. 112(a) and 35 U.S.C. 112(b) rejections have been fully considered but they are not persuasive.
On pages 6-7 of the remarks, Applicant argue that the description makes it clear that coolant and the cryogenic fuel are different because the coolant and cryogenic fuel are within different systems and tanks and the coolant and cryogenic fuel are referred to with different reference numerals described as being held in separate tanks and flowing within different systems. Applicant’s arguments have been fully considered but they are not persuasive. In particular, the limitation “wherein the coolant is different than the cryogenic fuel” directly compares the cryogenic fuel and the coolant. The cited disclosure of different systems and tanks support how the fluids are separated but does not establish that the fluids are different. For example, Méndez discusses an aircraft including more than one hydrogen fuel tank for the purpose of balancing the aircraft’s center of gravity, 0006-0008. Further, Story, see pertinent art below, discusses the densification of propellant in vehicles where a source of coolant, 30h, for a coolant bath tank, 20h, is separate from a propellant tank, 12H, that is cooled with the coolant bath tank, where both the coolant and propellant are liquid hydrogen, LH2, Figure 4. A person of ordinary skill in the art would understand a fluid type may be stored and circulated in multiple systems depending on operational requirements. It is noted that the features upon which applicant relies (i.e., different tanks) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). Accordingly, the rejections of record are considered proper and remain.
Applicant’s arguments on pages 7-9 of the remarks filed 1/22/2026 with respect to the claim rejections under 35 U.S.C 103 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Story et al. (US6116030A) discusses densification of propellant in vehicles including a source of coolant, 30h, for a coolant bath tank, 20h, that cools a propellant for a propellant tank, 12H, and both the coolant and propellant are liquid hydrogen, LH2, Figure 4.
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/KEONA LAUREN BANKS/ Examiner, Art Unit 3763
/ELIZABETH J MARTIN/ Primary Examiner, Art Unit 3763
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