DETAILED ACTION
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 July 7, 2026 has been entered.
Response to Amendment
The Amendment filed July 7, 2026 has been entered. Claims 1, 2, 4 – 7, 9, 11, 12, 15 and 18 – 27 are pending in the application with claims 3, 8, 10, 13, 14, 16 and 17 being cancelled and claim 27 being newly added. The amendment to the claims has overcome the claim objections set forth in the last Final Action mailed April 7, 2026.
Drawings
The drawings are objected to because of the following informalities:
The reference numerals for newly added or claimed features “inner neck wall” and “outer neck wall” in claim 1 are missing.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required:
“an inner neck wall disposed between the intermediate fluid chamber and the neck jacket insulation space; and an outer neck wall disposed between the sump and the neck jacket insulation space” in claim 1.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 2 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Hatami Aghdam et al. (US 2018/0119883 – herein after Hatami) in view of Tanaka et al. (JP 2002232029A – herein after Tanaka).
In reference to claim 1, Hatami teaches a pump for pumping a cryogenic liquid (see fig. 2 and ¶1) comprising:
a pump housing (housing = housing of pump assembly 204 + housing of drive unit 218 – herein after 204+218) defining an elongated cylinder (as evident from fig. 2);
an elongated piston (see figs. 2-3 and ¶29-¶33: elongated piston = 302+309+piston corresponding to reciprocating pump 216) slidably positioned within the elongated cylinder so that an intermediate fluid chamber (330+332; see fig. 3 and ¶30) that is configured to receive an intermediate fluid (hydraulic fluid; see ¶30-¶32) is defined within the elongated cylinder adjacent to a first end (considered to be a top end) of the elongated piston and a fluid pumping chamber (chamber within pump 216) is defined within the elongated cylinder adjacent to a second end (considered to be a bottom end) of the elongated piston, the fluid pumping chamber including an inlet and an outlet (inlet and outlet being an inherent feature in the reciprocating pump 216 in order to pump cryogenic liquid from cryogen space 203), and wherein the elongated piston moves between a top dead center position (inherent feature) and a bottom dead center position (inherent feature);
a sump (206) within which the pump housing is positioned (see fig. 2), the sump (206) configured to receive and submerge a portion of the pump housing (bottom portion of the pump housing) within the cryogenic liquid and to provide the cryogenic liquid to the inlet of the fluid pumping chamber for pumping;
a sump jacket (208, see fig. 2) surrounding the sump (206) so that a sump insulation space (space between walls 206 and 202) is defined therebetween wherein the sump insulation space includes vacuum insulation (see ¶23 and fig. 2: portion of insulation space 210 is present between walls 206 and 202; thus defining “sump insulation space”); and
a pump jacket (222, see fig. 2) surrounding (in partial manner) the pump housing (204+218) so that a pump insulation space (space between walls 221 and 222) is defined therebetween wherein the pump insulation space includes vacuum insulation (see ¶23 and fig. 2: portion of insulation space 210 is present between walls 221 and 222; thus defining “pump insulation space”).
Hatami remains silent on the pump further comprising: a neck jacket connecting the sump jacket to the pump jacket to suspend the pump jacket within the sump, wherein the neck jacket includes: a neck jacket insulation space with vacuum insulation that interconnects the vacuum insulation of the sump insulation space with the vacuum insulation of the pump insulation; an inner neck wall disposed between the intermediate fluid chamber and the neck jacket insulation space; and an outer neck wall disposed between the sump and the neck jacket insulation space.
However, Tanaka teaches that in a cryogenic insulated container, providing a constricted/narrowed neck portion (10) having a cross-sectional area or diameter smaller than the lower container body reduces conductive heat leak from the warm upper ambient end not the cold cryogenic space (see ¶13 - ¶16 of translation and fig. 1).
Hatami recognizes the challenge of heat transfer from the warm drive unit into the cold cryogen space, and the freezing of fluid lines (see ¶4, 13, ¶22). Tanaka shows that adopting a narrowed neck structure connecting the warm upper end to the cold inner container reduces the heat conduction cross-sectional area, thereby minimizing conductive heat intrusion into the cryogenic bath. Since applicant in the instant application has not disclosed any criticality associated with suspending the pump jacket by use of the neck jacket, it would have been an obvious matter of design choice to the person of ordinary skill in the art to contour Hatami’s double-walled sleeve (221, 222) for provision of a narrowed neck section since such a modification would require a change in shape of the walls (221, 222). Modifying Hatami’s uniform-diameter double walled sleeve (221, 222) into a stepped or narrowed neck profile using Tanaka’s principle utilizes known structural configurations for their purpose of reducing thermal conduction along the sleeve walls into cryogen space while maintaining mechanical suspension and vacuum continuity. It is to be that Hatami’s pump jacket is suspended in Hatami’s pump and Hatami teaches the vacuum insulation of the sump insulation space being in communication with the vacuum insulation of the pump insulation space [in view of disclosure in ¶23], and thus, in the modified pump of Hatami, one of ordinary skill in the art would provide the neck jacket that includes a neck jacket insulation space with vacuum insulation that interconnects the vacuum insulation of the sump insulation space with the vacuum insulation of the pump insulation so that the Hatami’s teaching remains uncompromised.
Thus, Hatami, as modified, teaches the pump (see fig. A below) comprising: a neck jacket connecting the sump jacket (202) to the pump jacket (222) to suspend the pump jacket within the sump (206), wherein the neck jacket includes: a neck jacket insulation space with vacuum insulation (labeled “S2”) that interconnects the vacuum insulation of the sump insulation space (labeled “S1”) with the vacuum insulation of the pump insulation space (labeled “S3”); an inner neck wall (labeled “i.w.”) disposed between the intermediate fluid chamber (this chamber being within the drive unit 218) and the neck jacket insulation space; and an outer neck wall (labeled “o.w.”) disposed between the sump (206) and the neck jacket insulation space (labeled “S2”).
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Fig. A: Edited fig. 2 of Hatami to show proposed modification.
In reference to claim 2, Hatami teaches the pump of claim 1, further comprising a drive system for cyclically providing the intermediate fluid to the intermediate fluid chamber so that the elongated piston is actuated to pump the cryogenic liquid from the fluid pumping chamber (see ¶31: there exists “a drive system” that provides hydraulic fluid to drive unit 218/318 for actuation of the piston to pump the cryogenic liquid).
In reference to claim 15, Hatami, as modified, teaches the pump of claim 1, comprising a bottom end of the pump jacket (in view of Hatami’s fig. 2 or fig. A above: “bottom end of the pump jacket” = bottom end the asserted pump jacket 222) and the second end of the elongated piston [“second end of the elongated piston” = end corresponding to piston of reciprocating pump 216 (not seen in fig. 2 or fig. 3, but inherently present)].
Hatami, as modified, remains silent on the pump, wherein the bottom end of the pump jacket is generally coplanar with the second end of the elongated piston when the elongated piston is in the top dead center position.
Hatami discloses (¶10, ¶26, ¶29 and fig. 2) locating the pump drive unit within the protective, insulated interior of the sleeve 222 while leaving the cryogenic pumping portion 216 immersed directly within cryogen space 203 to maintain a continuously cooled state. Since applicant in the instant application has not disclosed any criticality associated with having the bottom end of the pump jacket generally coplanar with the second end of the elongated piston when the elongated piston is in the top dead center position, it would have been obvious to the person of ordinary skill in the art before the effective filing date of the invention to dimension the depth of sleeves 221, 222 so that the bottom end of the pump jacket aligns or is generally coplanar with the end of the piston assembly (i.e. the second end of the elongated piston) at top dead center in the modified pump of Hatami since it represents a routine design choice and mechanical optimization of predictable dimensions – namely, the stroke length, sleeve clearance, and overall immersion depth of the pump. Such dimensioning yield the predictable result of maximizing the insulated enclosure surrounding the drive mechanism while ensuring unimpeded fluid intake and displacement by the pump position in the cryogenic bath, without producing any unexpected results.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Hatami in view of Tanaka and Rafalski, Jr (US 2009/0064672 – herein after Rafalski).
Hatami teaches the pump of claim 1, wherein (as discussed above in claim 1) the intermediate fluid (hydraulic fluid) is used.
Hatami remains silent on the pump, wherein the intermediate fluid is “propane or 1-butene”.
However, Rafalksi teaches (see ¶14) a use of “propane” as a compressed fluid for driving a fluid motor.
It would have been obvious to the person of ordinary skill in the art before the effective filing date of the invention to substitute the hydraulic fluid in Hatami’s pump for “propane” as taught by Rafalksi in order to obtain the predictable result of pressurized fluid being applied to the hydraulic motor for reciprocating the pump piston in order to pump the desired fluid. KSR Int’l v. Teleflex Inc., 127 S. Ct. 1727, 1740-41, 82 USPQ2d 1385, 1396 (2007)
Claims 11 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Hatami in view of Tanaka and Drouvot Philippe (CH703376 – herein after Drouvot).
Hatami teaches the pump of claim 1 with the elongated piston.
Hatami does not teach the pump, wherein the elongated piston includes a polytetrafluoroethylene coating that is molded to provide circumferential seals, as in claim 11; and wherein the elongated piston includes a core upon which the polytetrafluoroethylene coating is placed, and wherein the core includes a cavity, as in claim 12.
However, Drouvot teaches a piston pump in cryogenic environment, wherein the elongated piston (4) includes a polytetrafluoroethylene coating (coating in the form of PTFE/bronze rings 43,44,45; see ¶18 of translation) that is molded to provide circumferential seals (rings provide sealing in circumferential direction) {with respect to feature “a polytetrafluoroethylene coating that is molded”: In accordance to MPEP 2113, the method of forming the device (in this PTFE coating “that is molded”) is not germane to the issue of patentability of the device itself. Therefore, this limitation has not been given patentable weight}, as in claim 11; and wherein the elongated piston (4) includes a core (body) upon which the polytetrafluoroethylene coating (coating in the form of PTFE/bronze rings 43,44,45) is placed, and wherein the core includes a cavity (groove 42), as in claim 12.
Thus, it would have been obvious to the person of ordinary skill in the art before the effective filing date of the invention to modify the piston head in the pumping chamber of Hatami’s pump for providing sealing features as taught by Drouvot for the purpose of creating an effective seal, as recognized by Drouvot (see ¶18, lines 193-194 of translation).
Claims 1, 2 and 18 – 21 are rejected under 35 U.S.C. 103 as being unpatentable over Kroeger et al. (US 2016/0208793 – herein after Kroeger) in view of Hatami Aghdam et al. (US 2018/0119883 – herein after Hatami) and further in view of Tanaka et al. (JP 2002232029A – herein after Tanaka).
In reference to claim 1, Kroeger teaches a pump (see fig. 5: cryogenic pump 118) for pumping a cryogenic liquid (cryogenic liquid fuel; see ¶1) comprising:
a pump housing defining an elongated cylinder (see fig. 5: exterior structure of cryogenic pump 118);
an elongated piston (see fig. 5: 152+162+154) slidably positioned within the elongated cylinder so that an intermediate fluid chamber (150) that is configured to receive an intermediate fluid (hydraulic fluid) is defined within the elongated cylinder adjacent to a first end (first end of component 152) of the elongated piston (152+162+154) and a fluid pumping chamber (156) is defined within the elongated cylinder adjacent to a second end (second end of component 154) of the elongated piston (152+162+154), the fluid pumping chamber including an inlet (158; see fig. 5 and ¶29) and an outlet (160; see fig. 5 and ¶29), wherein (in view of fig. 5) the elongated piston moves between a top dead center position and a bottom dead center position.
Kroeger remains silent on the pump further comprising “a sump within which the pump housing is positioned, the sump configured to receive and submerge a portion of the pump housing within the cryogenic liquid and to provide the cryogenic liquid to the inlet of the fluid pumping chamber for pumping; a sump jacket surrounding the sump so that a sump insulation space is defined therebetween wherein the sump insulation space includes vacuum insulation; a pump jacket surrounding the pump housing so that a pump insulation space is defined therebetween wherein the pump insulation space include vacuum insulation; and a neck jacket connecting the sump jacket to the pump jacket to suspend the pump jacket within the sump, wherein the neck jacket includes a neck jacket insulation space with vacuum insulation that interconnects the vacuum insulation of the sump insulation space with the vacuum insulation of the pump insulation space”.
However, Hatami teaches a similar cryogenic pump comprising: a sump (206) within which the pump housing is positioned (see fig. 2), the sump (206) configured to receive and submerge a portion of the pump housing (bottom portion of the pump housing) within the cryogenic liquid and to provide the cryogenic liquid to the inlet of the fluid pumping chamber for pumping; a sump jacket (208, see fig. 2) surrounding the sump (206) so that a sump insulation space (space between walls 206 and 202) is defined therebetween wherein the sump insulation space includes vacuum insulation (see ¶23 and fig. 2: portion of insulation space 210 is present between walls 206 and 202; thus defining “sump insulation space”); and a pump jacket (222, see fig. 2) surrounding (in partial manner) the pump housing (204+218) so that a pump insulation space (space between walls 221 and 222) is defined therebetween wherein the pump insulation space includes vacuum insulation (see ¶23 and fig. 2: portion of insulation space 210 is present between walls 221 and 222; thus defining “pump insulation space”).
It would have been obvious to the person of ordinary skill in the art before the effective filing date of the invention to modify the Kroeger’s pump to comprise a sump within which the pump housing is positioned, the sump configured to receive and submerge a portion of the pump housing within the cryogenic liquid and to provide the cryogenic liquid to the inlet of the fluid pumping chamber for pumping; a sump jacket surrounding the sump so that a sump insulation space is defined therebetween wherein the sump insulation space includes vacuum insulation; and a pump jacket surrounding said pump housing so that a pump insulation space is defined therebetween, as taught by Hatami, for the purpose of providing the benefits of Kroeger’s pump to submerged pumping applications and providing the efficiency advantages of direct immersion provided by Hatami to Kroeger’s pump.
Hatami further remains silent on the pump further comprising: a neck jacket connecting the sump jacket to the pump jacket to suspend the pump jacket within the sump, wherein the neck jacket includes: a neck jacket insulation space with vacuum insulation that interconnects the vacuum insulation of the sump insulation space with the vacuum insulation of the pump insulation; an inner neck wall disposed between the intermediate fluid chamber and the neck jacket insulation space; and an outer neck wall disposed between the sump and the neck jacket insulation space.
However, Tanaka teaches that in a cryogenic insulated container, providing a constricted/narrowed neck portion (10) having a cross-sectional area or diameter smaller than the lower container body reduces conductive heat leak from the warm upper ambient end not the cold cryogenic space (see ¶13 - ¶16 of translation and fig. 1).
Hatami recognizes the challenge of heat transfer from the warm drive unit into the cold cryogen space, and the freezing of fluid lines (see ¶4, 13, ¶22). Tanaka shows that adopting a narrowed neck structure connecting the warm upper end to the cold inner container reduces the heat conduction cross-sectional area, thereby minimizing conductive heat intrusion into the cryogenic bath. Since applicant in the instant application has not disclosed any criticality associated with suspending the pump jacket by use of the neck jacket, it would have been an obvious matter of design choice to the person of ordinary skill in the art to contour Hatami’s double-walled sleeve (221, 222) for provision of a narrowed neck section in the modified pump of Kroeger since such a modification would require a change in shape of the walls (221, 222). Modifying Hatami’s uniform-diameter double walled sleeve (221, 222) into a stepped or narrowed neck profile using Tanaka’s principle utilizes known structural configurations for their purpose of reducing thermal conduction along the sleeve walls into cryogen space while maintaining mechanical suspension and vacuum continuity. It is to be that Hatami’s pump jacket is suspended in Hatami’s pump and Hatami teaches the vacuum insulation of the sump insulation space being in communication with the vacuum insulation of the pump insulation space [in view of disclosure in ¶23], and thus, in the modified pump of Hatami, one of ordinary skill in the art would provide the neck jacket that includes a neck jacket insulation space with vacuum insulation that interconnects the vacuum insulation of the sump insulation space with the vacuum insulation of the pump insulation so that the Hatami’s teaching remains uncompromised.
Thus, Kroeger, as modified, teaches the pump (see fig. A above) comprising: a neck jacket connecting the sump jacket (202) to the pump jacket (222) to suspend the pump jacket within the sump (206), wherein the neck jacket includes: a neck jacket insulation space with vacuum insulation (labeled “S2”) that interconnects the vacuum insulation of the sump insulation space (labeled “S1”) with the vacuum insulation of the pump insulation space (labeled “S3”); an inner neck wall (labeled “i.w.”) disposed between the intermediate fluid chamber (150, of Kroeger; for convenience, this chamber is viewed as being within the hydraulic drive unit 218 seen in fig. A above) and the neck jacket insulation space; and an outer neck wall (labeled “o.w.”) disposed between the sump (206) and the neck jacket insulation space (labeled “S2”).
In reference to claim 2, Kroeger, as modified, teaches the pump (see Kroeger), further comprising a drive system (see fig. 1: combination of oil reservoir 128, pump 126, accumulator 132, valves 122-124) for cyclically providing the intermediate fluid to the intermediate fluid chamber (150, see fig. 5) so that the elongated piston is actuated to pump the cryogenic liquid from the fluid pumping chamber (see ¶22).
In reference to claim 20, Kroeger, as modified, teaches the pump (see Kroeger), wherein the pump housing (see fig. 5: exterior structure of cryogenic pump 118) having an inner surface, wherein the elongated piston has an intermediate fluid seal (seals of the first piston 152; see ¶31) at the first end of the elongated piston, and a pumped fluid seal (seals of the second piston 154; see ¶31) at the second end of the elongated piston; and wherein the pump further comprises: an annular differential pressure space (see fig. 5: differential pressure space located between 152, 154 and surrounding shaft 162; also labeled “d.p.s.” in fig. B below) defined between a sidewall of the elongated piston, the intermediate fluid seal, the pumped fluid seal, and the inner surface of the pump housing.
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Fig. B: Edited fig. 5 of Kroeger to show claim interpretation.
In reference to claim 21, Kroeger, as modified, teaches the pump (see Kroeger), wherein the inner surface of the pump housing is subdivided into three sections, a first section (see fig. B above: labeled “s1”) which is selectively included as part of the intermediate fluid chamber (150) as the elongated piston moves between the top dead center position and the bottom dead center position, a second section (see fig. B above: labeled “s2”) which is selectively included as part of the fluid pumping chamber (156) as the elongated piston moves between the top dead center position and the bottom dead center position, and a third section (see fig. B above: labeled “s3”), which is distinct from the first section and the second section, that is positioned between and is adjacent to each of the first section and the second section.
In reference to claim 18, Kroeger, as modified, teaches the pump (see Kroeger), wherein a heat transfer path (route through which heat is transferred from one part of a system to another; labeled “h.t.p.” in fig. B above) is associated with the third section of the inner surface of the pump housing (path shown as h.t.p. is considered to be “a heat transfer path” in view of temperature difference between hydraulic fluid flowing into 150/“d.p.s.” and cryogenic fluid flowing into 166/156), which is not selectively included as part of either the intermediate fluid chamber (150) or the fluid pumping chamber (156) as the elongated piston moves between the top dead center position and the bottom dead center position.
In reference to claim 19, Kroeger, as modified, teaches the pump (see Kroeger), wherein the third section (see fig. B above: labeled “s3”) of the inner surface is part of the annular differential pressure space (labeled “d.p.s.” in fig. B above) as the elongated piston moves between the top dead center position and the bottom dead center position.
Claims 4 – 7 are rejected under 35 U.S.C. 103 as being unpatentable over Kroeger in view of Hatami and further in view of Tanaka and Pierce et al. (US 5,355,679 – herein after Pierce).
In reference to claim 4, Kroeger teaches the pump, wherein the heat transfer path (“h.t.p.” in fig. B above) has a heat transfer path length, which corresponds to a difference between a length of the elongated piston (152+162+154) and a stroke length of the elongated piston between top dead center and bottom dead center positions (in view of fig. B above: length as well as a stroke length {constituted by distance travelled by component 154 within the cylinder} of the asserted elongated piston is evident).
Kroeger remains silent on the pump wherein the difference “is six inches or more”.
However, Pierce teaches an expansion engine (10) submerged in a cryogenic environment (see fig. 1 and col. 3, lines 17-34). Pierce teaches: (see col. 10, lines 39-44) “As well the present invention is scaleable to achieve a wide range of different capacities for different gases. That is, without redesigning the essential structural features, the components may be sized as necessary to achieve desired capacities, or the piston stroke length or piston diameter may be changed”. Thus, Pierce discloses that the length of a piston (a component in the engine) and piston stroke length can be changed to achieve desired pumping capacities.
Pierce demonstrates that the difference is a result effective variable, wherein the difference directly affects the “pumping capacity” in the reciprocating pump/engine. Thus, it would have been obvious to the person of ordinary skill in the art before the effective filing date of the invention to have the difference in the modified Kroeger’s pump “six inches or more” since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980). Further, applicant places no criticality on the claimed range, indicating simply (see ¶59 of the pg. pub of the instant application) “As an example only, the piston length 359 (L) may be 30″ while the stroke length 357 (I) may be 20″, which per the above equation gives a heat transfer path length 360 (P) of ten inches. In the illustrated embodiment, the heat transfer path length 360 (P) is preferably approximately six inches or more. A heat transfer path length 360 (P) of approximately twelve inches or more would be even more beneficial”.
In reference to claim 5, Kroeger teaches the pump, wherein there exists a ratio of a diameter of the elongated cylinder to a longitudinal length of the elongated cylinder.
Kroeger remains silent on the pump wherein the ratio “is 8% or less”.
It is well-known in the art that sizing of a pump cylinder in a piston pump is dependent on various factors, such as but not limited to, a sizing of the piston (axial length of the piston and/or diameter of the piston). Pierce further teaches an expansion engine (10) submerged in a cryogenic environment (see fig. 1 and col. 3, lines 17-34). Pierce teaches: (see col. 10, lines 39-44) “As well the present invention is scaleable to achieve a wide range of different capacities for different gases. That is, without redesigning the essential structural features, the components may be sized as necessary to achieve desired capacities, or the piston stroke length or piston diameter may be changed”. Thus, Pierce discloses that sizing of a piston (a component in the engine) can be changed to achieve desired pumping capacities.
As demonstrated above, that the ratio is a result effective variable, wherein the ratio directly affects the “pumping capacity” and/or “sizing of the piston” in the reciprocating pump/engine. Thus, it would have been obvious to the person of ordinary skill in the art before the effective filing date of the invention to have the ratio in the modified Kroeger’s pump “8% or less” since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980). Further, applicant places no criticality on the claimed range, indicating simply (see ¶61-¶62 of the pg. pub of the instant application) “Non-limiting examples of assembly and dimensions of the components of pump 310 of FIGS. 4A and 4B are presented in FIGS. 5-9. With reference to FIG. 5, piston 322 may be cylindrical with elliptical end caps 362 on each end and have a longitudinal length or height 364 of 30 inches. Pump housing 320 may be tube-shaped with a pump housing cylinder (323) longitudinal length or height 366 of approximately 49 inches. The diameter 368 of cylinder 323 may be approximately 4 inches. As a result, the ratio of the pump housing cylinder diameter to the length of the pump housing cylinder is approximately 8%.”.
In reference to claim 6, Kroeger teaches the pump, wherein the heat transfer path (“h.t.p.” in fig. B above) has a heat transfer path length, which corresponds to a difference between a length of the elongated piston (152+162+154) and a stroke length of the elongated piston between top dead center and bottom dead center positions (in view of fig. B above: length as well as a stroke length {constituted by distance travelled by component 154 within the cylinder} of the asserted elongated piston is evident).
Kroeger remains silent on the pump wherein the difference “is twelve inches or more”.
However, Pierce teaches an expansion engine (10) submerged in a cryogenic environment (see fig. 1 and col. 3, lines 17-34). Pierce teaches: (see col. 10, lines 39-44) “As well the present invention is scaleable to achieve a wide range of different capacities for different gases. That is, without redesigning the essential structural features, the components may be sized as necessary to achieve desired capacities, or the piston stroke length or piston diameter may be changed”. Thus, Pierce discloses that the length of a piston (a component in the engine) and piston stroke length can be changed to achieve desired pumping capacities.
Pierce demonstrates that the difference is a result effective variable, wherein the difference directly affects the “pumping capacity” in the reciprocating pump/engine. Thus, it would have been obvious to the person of ordinary skill in the art before the effective filing date of the invention to have the difference in the modified Kroeger’s pump “twelve inches or more” since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980). Further, applicant places no criticality on the claimed range, indicating simply (see ¶59 of the pg. pub of the instant application) “As an example only, the piston length 359 (L) may be 30″ while the stroke length 357 (I) may be 20″, which per the above equation gives a heat transfer path length 360 (P) of ten inches. In the illustrated embodiment, the heat transfer path length 360 (P) is preferably approximately six inches or more. A heat transfer path length 360 (P) of approximately twelve inches or more would be even more beneficial”.
In reference to claim 7, Kroeger teaches the pump, wherein there exists a ratio of a diameter of the elongated cylinder to a longitudinal length of the elongated cylinder.
Kroeger remains silent on the pump wherein the ratio “is 8% or less”.
It is well-known in the art that sizing of a pump cylinder in a piston pump is dependent on various factors, such as but not limited to, a sizing of the piston (axial length of the piston and/or diameter of the piston). Pierce further teaches an expansion engine (10) submerged in a cryogenic environment (see fig. 1 and col. 3, lines 17-34). Pierce teaches: (see col. 10, lines 39-44) “As well the present invention is scaleable to achieve a wide range of different capacities for different gases. That is, without redesigning the essential structural features, the components may be sized as necessary to achieve desired capacities, or the piston stroke length or piston diameter may be changed”. Thus, Pierce discloses that sizing of a piston (a component in the engine) can be changed to achieve desired pumping capacities.
As demonstrated above, that the ratio is a result effective variable, wherein the ratio directly affects the “pumping capacity” and/or “sizing of the piston” in the reciprocating pump/engine. Thus, it would have been obvious to the person of ordinary skill in the art before the effective filing date of the invention to have the ratio in the modified Kroeger’s pump “8% or less” since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980). Further, applicant places no criticality on the claimed range, indicating simply (see ¶61-¶62 of the pg. pub of the instant application) “Non-limiting examples of assembly and dimensions of the components of pump 310 of FIGS. 4A and 4B are presented in FIGS. 5-9. With reference to FIG. 5, piston 322 may be cylindrical with elliptical end caps 362 on each end and have a longitudinal length or height 364 of 30 inches. Pump housing 320 may be tube-shaped with a pump housing cylinder (323) longitudinal length or height 366 of approximately 49 inches. The diameter 368 of cylinder 323 may be approximately 4 inches. As a result, the ratio of the pump housing cylinder diameter to the length of the pump housing cylinder is approximately 8%.”.
Claims 1 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Hartnett et al. (US 2018/0073494 – herein after Hartnett) in view of Hatami Aghdam et al. (US 2018/0119883 – herein after Hatami) and further in view of Tanaka et al. (JP 2002232029A – herein after Tanaka).
In reference to claim 1, Hartnett teaches a pump (300/301; see figs. 2, 3 and 6) [note: the embodiment of pump system 130 shown in fig. 6 has pump 301; this pump 301 is a reciprocating-piston, positive displacement pump, as per disclosure in ¶37, actuated by hydraulic circuit 500; the cross-section of the pump 301 is not shown, however, one of ordinary skill in the art would understand that this pump 301 is similar to pump 300 shown in embodiment seen in figs. 2-3 which, as per disclosure in ¶29, is driven by known hydraulically actuated mechanism; thus, the rejection below references figs. 2, 3, 6] for pumping a cryogenic liquid (as discussed in abstract) comprising:
a pump housing (casing seen in fig. 2) defining an elongated cylinder (330);
an elongated piston (310) slidably positioned within the elongated cylinder so that an intermediate fluid chamber (chamber on left side of the piston, see fig. 2) that is configured to receive an intermediate fluid (hydraulic fluid) is defined within the elongated cylinder (330) adjacent to a first end (left end, see fig. 2) of the elongated piston (310) and a fluid pumping chamber (chamber on right side of the piston, see fig. 2) is defined within the elongated cylinder (330) adjacent to a second end (right end, see fig. 2) of the elongated piston (310), the fluid pumping chamber including an inlet (345, see fig. 2) and an outlet (not labeled, but is evident from fig. 2), wherein (in view of fig. 2) the elongated piston moves between a top dead center position (position of piston seen in fig. 2) and a bottom dead center position (position of piston seen in fig. 3).
Hartnett remains silent on the pump further comprising “a sump within which the pump housing is positioned, the sump configured to receive and submerge a portion of the pump housing within the cryogenic liquid and to provide the cryogenic liquid to the inlet of the fluid pumping chamber for pumping; a sump jacket surrounding the sump so that a sump insulation space is defined therebetween wherein the sump insulation space includes vacuum insulation; and a pump jacket surrounding the pump housing so that a pump insulation space is defined therebetween”.
However, Hatami teaches a similar cryogenic pump comprising: a sump (206) within which the pump housing is positioned (see fig. 2), the sump (206) configured to receive and submerge a portion of the pump housing (bottom portion of the pump housing) within the cryogenic liquid and to provide the cryogenic liquid to the inlet of the fluid pumping chamber for pumping; a sump jacket (208, see fig. 2) surrounding the sump (206) so that a sump insulation space (space between walls 206 and 202) is defined therebetween wherein the sump insulation space includes vacuum insulation (see ¶23 and fig. 2: portion of insulation space 210 is present between walls 206 and 202; thus defining “sump insulation space”); and a pump jacket (222, see fig. 2) surrounding (in partial manner) the pump housing (204+218) so that a pump insulation space (space between walls 221 and 222) is defined therebetween wherein the pump insulation space includes vacuum insulation (see ¶23 and fig. 2: portion of insulation space 210 is present between walls 221 and 222; thus defining “pump insulation space”).
Hartnett states (see ¶26 and fig. 1 or fig. 6) that the pumping apparatus (130, see fig. 1 or fig. 6) can be located inside cryogenic fluid storage vessel (120). It would have been obvious to the person of ordinary skill in the art before the effective filing date of the invention to modify the Hartnett’s pump to comprise a sump within which the pump housing is positioned, the sump configured to receive and submerge a portion of the pump housing within the cryogenic liquid and to provide the cryogenic liquid to the inlet of the fluid pumping chamber for pumping; a sump jacket surrounding the sump so that a sump insulation space is defined therebetween wherein the sump insulation space includes vacuum insulation; and a pump jacket surrounding said pump housing so that a pump insulation space is defined therebetween, as taught by Hatami, for the purpose of providing the benefits of Hartnett’s pump to submerged pumping applications and providing the efficiency advantages of direct immersion provided by Hatami to Hartnett’s pump.
Hatami further remains silent on the pump further comprising: a neck jacket connecting the sump jacket to the pump jacket to suspend the pump jacket within the sump, wherein the neck jacket includes: a neck jacket insulation space with vacuum insulation that interconnects the vacuum insulation of the sump insulation space with the vacuum insulation of the pump insulation; an inner neck wall disposed between the intermediate fluid chamber and the neck jacket insulation space; and an outer neck wall disposed between the sump and the neck jacket insulation space.
However, Tanaka teaches that in a cryogenic insulated container, providing a constricted/narrowed neck portion (10) having a cross-sectional area or diameter smaller than the lower container body reduces conductive heat leak from the warm upper ambient end not the cold cryogenic space (see ¶13 - ¶16 of translation and fig. 1).
Hatami recognizes the challenge of heat transfer from the warm drive unit into the cold cryogen space, and the freezing of fluid lines (see ¶4, 13, ¶22). Tanaka shows that adopting a narrowed neck structure connecting the warm upper end to the cold inner container reduces the heat conduction cross-sectional area, thereby minimizing conductive heat intrusion into the cryogenic bath. Since applicant in the instant application has not disclosed any criticality associated with suspending the pump jacket by use of the neck jacket, it would have been an obvious matter of design choice to the person of ordinary skill in the art to contour Hatami’s double-walled sleeve (221, 222) for provision of a narrowed neck section in the modified pump of Hartnett since such a modification would require a change in shape of the walls (221, 222). Modifying Hatami’s uniform-diameter double walled sleeve (221, 222) into a stepped or narrowed neck profile using Tanaka’s principle utilizes known structural configurations for their purpose of reducing thermal conduction along the sleeve walls into cryogen space while maintaining mechanical suspension and vacuum continuity. It is to be that Hatami’s pump jacket is suspended in Hatami’s pump and Hatami teaches the vacuum insulation of the sump insulation space being in communication with the vacuum insulation of the pump insulation space [in view of disclosure in ¶23], and thus, in the modified pump of Hatami, one of ordinary skill in the art would provide the neck jacket that includes a neck jacket insulation space with vacuum insulation that interconnects the vacuum insulation of the sump insulation space with the vacuum insulation of the pump insulation so that the Hatami’s teaching remains uncompromised.
Thus, Hartnett, as modified, teaches the pump (see fig. A above) comprising: a neck jacket connecting the sump jacket (202) to the pump jacket (222) to suspend the pump jacket within the sump (206), wherein the neck jacket includes: a neck jacket insulation space with vacuum insulation (labeled “S2”) that interconnects the vacuum insulation of the sump insulation space (labeled “S1”) with the vacuum insulation of the pump insulation space (labeled “S3”); an inner neck wall (labeled “i.w.”) disposed between the intermediate fluid chamber (chamber on left side of the piston, see Hartnett’s fig. 2; for convenience, this chamber is viewed as being within the hydraulic drive unit 218 seen in fig. A above) and the neck jacket insulation space; and an outer neck wall (labeled “o.w.”) disposed between the sump (206) and the neck jacket insulation space (labeled “S2”).
In reference to claim 15, Hartnett, as modified, teaches the pump of claim 1, comprising a bottom end of the pump jacket (in view of Hatami’s fig. 2 or fig. A above: “bottom end of the pump jacket” = bottom end the asserted pump jacket 222) and the second end of the elongated piston (in view of Hartnett’s fig. 2: “second end of the elongated piston” = right end the asserted piston 310).
Hartnett, as modified, remains silent on the pump, wherein the bottom end of the pump jacket is generally coplanar with the second end of the elongated piston when the elongated piston is in the top dead center position.
Hatami discloses (¶10, ¶26, ¶29 and fig. 2) locating the pump drive unit within the protective, insulated interior of the sleeve 222 while leaving the cryogenic pumping portion 216 immersed directly within cryogen space 203 to maintain a continuously cooled state. Since applicant in the instant application has not disclosed any criticality associated with having the bottom end of the pump jacket generally coplanar with the second end of the elongated piston when the elongated piston is in the top dead center position, it would have been obvious to the person of ordinary skill in the art before the effective filing date of the invention to dimension the depth of sleeves 221, 222 so that the bottom end of the pump jacket aligns or is generally coplanar with the end of the piston assembly (i.e. the second end of Hartnett’s elongated piston) at top dead center in the modified pump of Hartnett since it represents a routine design choice and mechanical optimization of predictable dimensions – namely, the stroke length, sleeve clearance, and overall immersion depth of the pump. Such dimensioning yield the predictable result of maximizing the insulated enclosure surrounding the drive mechanism while ensuring unimpeded fluid intake and displacement by the pump position in the cryogenic bath, without producing any unexpected results.
Claims 22 and 27 is rejected under 35 U.S.C. 103 as being unpatentable over Hartnett in view of Hatami and further in view of Tanaka and Durand, Fabien (FR 2904401A1 – herein after Durand).
In reference to claim 27, Hartnett remains silent on the pump having the elongated piston “wherein the first end of the elongated piston has a first elliptical end cap and the second end of the elongated piston has a second elliptical end cap, and between the first elliptical end cap and the second elliptical end cap of the elongated piston, the elongated piston has a consistent cross-section”.
However, Durand teaches a pump (see figs. 1-2d and page 5 of translation, last paragraph) wherein the first end (top end) of the elongated piston (3) has a first elliptical end cap (hemispherical end) and the second end (bottom end) of the elongated piston (3) has a second elliptical end cap (hemispherical end), and between the first elliptical end cap and the second elliptical end cap of the elongated piston, the elongated piston has a consistent cross-section (as evident from figs. 1-2d).
Since applicant in the instant application has not disclosed any criticality associated for use of the piston with “elliptical end caps”, it would have been obvious to the person of ordinary skill in the art before the effective filing date of the invention to use elongated cylinder and elongated piston with elliptical end caps as taught by Durand in the modified pump of Hartnett as a matter of design choice since such a modification would have involved a change in shape of the piston and ends of the cylinder in order to obtain advantages such as minimal dead space during piston’s stroke changeover, improved centering and reduced edge wear.
In reference to claim 22, Hartnett, as modified, teaches the pump (see Hartnett), further comprising a drive system (see fig. 6: hydraulic circuit 500) for cyclically providing the intermediate fluid to the intermediate fluid chamber (chamber on left side of the piston, see fig. 2) so that the elongated piston (310) is actuated to pump the cryogenic liquid from the fluid pumping chamber (see ¶29 and ¶37).
Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over Hartnett in view of Hatami and further in view of Tanaka, Durand and Pierce et al. (US 5,355,679 – herein after Pierce).
Hartnett teaches the pump of claim 27, wherein there exists a ratio of a diameter of the elongated cylinder to a longitudinal length of the elongated cylinder.
Hartnett remains silent on the pump wherein the ratio “is 8% or less”.
It is well-known in the art that sizing of a pump cylinder in a piston pump is dependent on various factors, such as but not limited to, a sizing of the piston (axial length of the piston and/or diameter of the piston). Pierce further teaches an expansion engine (10) submerged in a cryogenic environment (see fig. 1 and col. 3, lines 17-34). Pierce teaches: (see col. 10, lines 39-44) “As well the present invention is scaleable to achieve a wide range of different capacities for different gases. That is, without redesigning the essential structural features, the components may be sized as necessary to achieve desired capacities, or the piston stroke length or piston diameter may be changed”. Thus, Pierce discloses that sizing of a piston (a component in the engine) can be changed to achieve desired pumping capacities.
As demonstrated above, that the ratio is a result effective variable, wherein the ratio directly affects the “pumping capacity” and/or “sizing of the piston” in the reciprocating pump/engine. Thus, it would have been obvious to the person of ordinary skill in the art before the effective filing date of the invention to have the ratio in the modified Hartnett’s pump “8% or less” since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980). Further, applicant places no criticality on the claimed range, indicating simply (see ¶61-¶62 of the pg. pub of the instant application) “Non-limiting examples of assembly and dimensions of the components of pump 310 of FIGS. 4A and 4B are presented in FIGS. 5-9. With reference to FIG. 5, piston 322 may be cylindrical with elliptical end caps 362 on each end and have a longitudinal length or height 364 of 30 inches. Pump housing 320 may be tube-shaped with a pump housing cylinder (323) longitudinal length or height 366 of approximately 49 inches. The diameter 368 of cylinder 323 may be approximately 4 inches. As a result, the ratio of the pump housing cylinder diameter to the length of the pump housing cylinder is approximately 8%.”.
Claims 24 and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Hartnett in view of Hatami and further in view of Tanaka, Durand and Drouvot Philippe (CH703376 – herein after Drouvot).
Hartnett, as modified, teaches the pump with the elongated piston.
Hartnett, as modified, does not teach the pump, wherein the elongated piston includes a polytetrafluoroethylene coating that is molded to provide circumferential seals, as in claim 24; and wherein the elongated piston includes a core upon which the polytetrafluoroethylene coating is placed, and wherein the core includes a cavity, as in claim 25.
However, Drouvot teaches a piston pump in cryogenic environment, wherein the elongated piston (4) includes a polytetrafluoroethylene coating (coating in the form of PTFE/bronze rings 43,44,45; see ¶18 of translation) that is molded to provide circumferential seals (rings provide sealing in circumferential direction) {with respect to feature “a polytetrafluoroethylene coating that is molded”: In accordance to MPEP 2113, the method of forming the device (in this PTFE coating “that is molded”) is not germane to the issue of patentability of the device itself. Therefore, this limitation has not been given patentable weight}, as in claim 24; and wherein the elongated piston (4) includes a core (body) upon which the polytetrafluoroethylene coating (coating in the form of PTFE/bronze rings 43,44,45) is placed, and wherein the core includes a cavity (groove 42), as in claim 25.
Thus, it would have been obvious to the person of ordinary skill in the art before the effective filing date of the invention to modify the piston head in the pumping chamber of modified Hartnett’s pump for providing sealing features as taught by Drouvot for the purpose of creating an effective seal, as recognized by Drouvot (see ¶18, lines 193-194 of translation).
Claim 26 is rejected under 35 U.S.C. 103 as being unpatentable over Hartnett in view of Hatami and further in view of Tanaka, Durand and Rafalski, Jr (US 2009/0064672 – herein after Rafalski).
Hartnett teaches the pump, wherein (as discussed above in claim 1) the intermediate fluid (hydraulic fluid) is used.
Hartnett remains silent on the pump, wherein the intermediate fluid is “propane or 1-butene”.
However, Rafalksi teaches (see ¶14) a use of “propane” as a compressed fluid for driving a fluid motor.
It would have been obvious to the person of ordinary skill in the art before the effective filing date of the invention to substitute the hydraulic fluid in the modified Hartnett’s pump for “propane” as taught by Rafalksi in order to obtain the predictable result of pressurized fluid being applied to the hydraulic motor for reciprocating the pump piston in order to pump the desired fluid. KSR Int’l v. Teleflex Inc., 127 S. Ct. 1727, 1740-41, 82 USPQ2d 1385, 1396 (2007).
Response to Arguments
The arguments filed July 7, 2026 have been fully considered but they are moot. The amendment to independent claim 1 changed the scope of the claim. As a result, the prior arts have been re-evaluated and re-applied to claim 1, in view of newly relied upon references of Hatami and Tanaka.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Takaji et al. (JP S58183480U) teaches (see fig. 1) a cryogenic chamber (d) formed in a double-walled structure comprising a neck, an inner shell (f) and outer shell (g).
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/CHIRAG JARIWALA/Examiner, Art Unit 3746
/ESSAMA OMGBA/Supervisory Patent Examiner, Art Unit 3746
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