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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 January 5, 2025, has been entered.
Information Disclosure Statement
The information disclosure statements (IDS) submitted are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “wherein the thermal insulation comprises multi-layer insulation (MLI)” in Claim 20 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-4 and 10-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Preston (US 5651473 A) in view of Andonian (US5357758A).
In re Claim 1, Preston discloses a cryogenic tank (Fig. 2: cryogenic storage vessel, i.e., cryogenic storage tank), comprising:
an inner container (2) having an interior space (interior of 2a) for holding a cryogenic medium, including hydrogen1 ;
an outer container (4) surrounding the inner container (2) to define a vacuum space (6) between the inner container (2) and the outer container (4);
a pocket (23) extending at least from the vacuum space (6) into the interior space (interior of 2a) of the inner container (2);
at least three pipes (22, 26, and 30) extending from outside of the pocket (outside of 23),
the at least three pipes including
a first pipe (22) operable to facilitate supply of cryogenic medium from a cryogenic medium source to the heat exchanger2,
a second pipe (26) operable to discharge the cryogenic medium held in the inner container3,
a fourth pipe (30) operable to facilitate discharge of the temperature control fluid.4
However, Preston does not explicitly teach a heat exchanger arranged in the pocket to control the temperature of the cryogenic medium in the inner container5; and at least four pipes extending from outside of the pocket to the heat exchanger including a third pipe operable to facilitate supply of a temperature control fluid.
On the other hand, Andonian teaches a heat exchanger (62 and related component 66) arranged in the pocket (44 corresponding to Preston 23); and an additional pipe (64) extending from outside of the pocket (44 corresponding to Preston 23) to the heat exchanger (62 and related component 66) including a third pipe (64) operable to facilitate supply of a temperature control fluid6.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have taken the teachings of Preston and to have modified them by having a heat exchanger arranged in the pocket of Preston as taught by Andonian; and at least four pipes extending from outside of the pocket of Preston as taught by Andonian to the heat exchanger as taught by Andonian and a third pipe operable to facilitate supply of a temperature control fluid as taught by Andonian , in order to ensure a steady rate of heat transfer to the cryogenic fluid and gas held inside the inner shell without a sudden and unwanted increase in gas pressure, (See Andonian Col 8:35-40), without yielding unpredictable results.
In re Claim 2, Modified Preston teaches further comprising a jacket tube (Preston 14) that extends into the interior space (Preston inside of 2a) of the inner container (Preston 2) to define at least one or more sections of the pocket (Preston 23; See also Col 2:44-49).
In re Claim 3, Modified Preston teaches wherein the pocket (Preston 23), at least in the one or more sections, has a cylindrical shape (See also Preston Col 2:44-49; 23 is cylindrical).
In re Claim 4, Modified Preston teaches discloses further comprising a cover (Preston 12) arranged on the jacket tube (Preston 14) to close the pocket (Preston 23).
In re Claim 5, Modified Preston teaches further comprising a pipe (Preston 30), operatively connected to the cover (Preston 12), to facilitate a flow of the cryogenic medium from a cryogenic medium source to enter into the inner container for supply to the one or more functional components.7
In re Claim 6, Modified Preston teaches further comprising at least two pipes (Preston 22, 26) extending from outside of the pocket (Preston 23) to the one or more functional components (at least 30) arranged in the pocket (Preston 23).
In re Claim 7, Modified Preston teaches
a first pipe (Preston 22) among the at least two pipes (Preston 22, 26) is operable to facilitate a supply cryogenic medium from the cryogenic medium source8, and
a second pipe (Preston 26) among the at least two pipes (Preston 22, 26) is operable to facilitate discharge of the cryogenic medium held in the inner container (Preston 2; Col 2: 24-25: holding cryogenic liquid)9.
In re Claim 10, Modified Preston teaches wherein the at least four pipes (Preston 22, 26, 30 and Andonian 64 ) extend through an opening in the cover (Preston opening of 12) of the pocket (Preston 23).
In re Claim 11, Modified Preston teaches wherein the pocket (Preston 23) is aligned parallel to a longitudinal central axis of the cryogenic tank (See Preston Fig. 2 where 23 is aligned parallel with center of the cryogenic tank).
In re Claim 12, Modified Preston teaches wherein the pocket (Preston 23) is aligned to be normal to the longitudinal central axis of the cryogenic tank (Preston center of the long axis of tank 100).
In re Claim 13, Modified Preston teaches wherein the pocket (Preston 23) is arranged coaxially with the longitudinal central axis of the cryogenic tank (See Preston Fig. 2: the pocket is in line with the center of the tank making it coaxially aligned with the central longitudinal axis of the tank).
In re Claim 14, Modified Preston teaches wherein the pocket (Preston 23) extends towards the outer container (Preston 4; See Fig.2 where 23 extends and is in contact with 4).
In re Claim 15, Modified Preston teaches wherein the pocket (Preston 23) is operable to facilitate suspension of the inner container (Preston 2) on the outer container (Preston 4) |(See Preston Fig. 2 where pocket has the inner tank suspended from the outer container).
In re Claim 16, Modified Preston teaches further comprising an end cap (12) arranged on the inner container (2).
In re Claim 17, Modified Preston teaches wherein, in a direction (See Preston Fig. 2) of a central point of the inner container (Preston center of 2), the pocket (Preston 23) extends inwardly from the end cap (Preston 12)
In re Claim 18, Modified Preston teaches wherein the heat exchanger (Andonian 62) is arranged in the pocket (Preston 23) for orientation substantially parallel (See Andonian pocket 64 aligned with 44 corresponding to Preston pocket 23) to a longitudinal axis of a side wall of the jacket tube (Preston walls of 14).
In re Claim 19, Modified Preston teaches further comprising thermal insulation (Preston 16; Col 2:47-48) arranged in the pocket (Preston 23) to protect the heat exchanger arranged in the pocket10.
In re Claim 20, Modified Preston teaches wherein the thermal insulation (Preston 16) comprises multi-layer insulation (MLI) (Preston Col 2:47-48).
Claims 21-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Preston (US 5651473 A) in view of Andonian (US5357758A) and Ehegartner (US 20200332959 A1).
In re Claim 21, Preston discloses a cryogenic tank (Fig. 2: cryogenic storage vessel, i.e., cryogenic storage tank), comprising:
an inner container (2) having an interior space (interior of 2a) for holding a cryogenic medium, including hydrogen11 ;
an outer container (4) surrounding the inner container (2) to define a vacuum space (6) between the inner container (2) and the outer container (4);
a pocket (23) extending at least from the vacuum space (6) into the interior space (interior of 2a) of the inner container (2);
a plurality (22, 26, and 30) extending from outside of the pocket (outside of 23),
the plurality of pipes including
a first pipe (22) operable to facilitate supply of cryogenic medium from a cryogenic medium source to the heat exchanger12,
a second pipe (26) operable to discharge the cryogenic medium held in the inner container13,
another pipe operable (30) to facilitate discharge of the temperature control fluid.14
However, Preston does not explicitly teach a heat exchanger arranged in the pocket; and a fourth pipe operable to facilitate supply of a temperature control fluid.
On the other hand, Andonian teaches a heat exchanger (62 and related component 66) arranged in the pocket (44 corresponding to Preston 23); and an additional pipe (64) extending from outside of the pocket (44 corresponding to Preston 23) to the heat exchanger (62 and related component 66) at least one pipe (64) operable to facilitate supply of a temperature control fluid15.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have taken the teachings of Preston and to have modified them by having a heat exchanger arranged in the pocket of Preston as taught by Andonian; and a third pipe operable to facilitate supply of a temperature control fluid as taught by Andonian , in order to ensure a steady rate of heat transfer to the cryogenic fluid and gas held inside the inner shell without a sudden and unwanted increase in gas pressure, (See Andonian Col 8:35-40), without yielding unpredictable results.
Modified Preston does not explicitly teach a cover operable to close the pocket from the vacuum space; and the plurality of pipes extending through the cover.
Ehegartner teaches a cover (101) operable to close the pocket (102) from the vacuum space (See Fig. 3a: 303); and the plurality of pipes (See Fig. 3a: at least 311-313) extending through the cover (101).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have taken the teachings of modified Preston and to have modified them by having a cover operable to close the pocket of modified Preston from the vacuum space of modified Preston as taught by Ehegartner; and the plurality of pipes of modified Preston extending through the cover as taught by Ehegartner, in order to without a sudden and unwanted increase in gas pressure, (See Ehegartner [0076]), without yielding unpredictable results.
In re Claim 22, Preston discloses a cryogenic tank (Fig. 2: cryogenic storage vessel, i.e., cryogenic storage tank), comprising:
an inner container (2) having an interior space (interior of 2a) for holding a cryogenic medium, including hydrogen16 ;
an outer container (4) surrounding the inner container (2) to define a vacuum space (6) between the inner container (2) and the outer container (4);
a pocket (23) extending at least from the vacuum space (6) into the interior space (interior of 2a) of the inner container (2);
a plurality (22, 26, and 30) extending from outside of the pocket (outside of 23),
the plurality of pipes including
a first pipe (22) operable to facilitate supply of cryogenic medium from a cryogenic medium source to the heat exchanger17,
a second pipe (26) operable to discharge the cryogenic medium held in the inner container18,
another pipe operable (30) to facilitate discharge of the temperature control fluid.19
However, Preston does not explicitly teach a heat exchanger arranged in the pocket; and a fourth pipe operable to facilitate supply of a temperature control fluid.
On the other hand, Andonian teaches a heat exchanger (62 and related component 66) arranged in the pocket (44 corresponding to Preston 23); and an additional pipe (64) extending from outside of the pocket (44 corresponding to Preston 23) to the heat exchanger (62 and related component 66) at least one pipe (64) operable to facilitate supply of a temperature control fluid20.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have taken the teachings of Preston and to have modified them by having a heat exchanger arranged in the pocket of Preston as taught by Andonian; and a third pipe operable to facilitate supply of a temperature control fluid as taught by Andonian , in order to ensure a steady rate of heat transfer to the cryogenic fluid and gas held inside the inner shell without a sudden and unwanted increase in gas pressure, (See Andonian Col 8:35-40), without yielding unpredictable results.
However, Preston does not explicitly teach a cover having a plurality of openings and operable to close the pocket from the vacuum space; and a plurality of pipes extending through the openings in the cover from outside of the pocket.
Ehegartner teaches a cover (101) having a plurality of openings and operable to close the pocket (102) from the vacuum space (See Fig. 3a: 303); and the plurality of pipes (See Fig. 3a: at least 311-313) extending through the openings in the cover the cover (See Fig. 1a at least 111-113) from outside the pocket (See Fig. 1a: 102).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have taken the teachings of Preston and to have modified them by having a cover having a plurality of openings as taught by Ehegartner and operable to close the pocket from the vacuum space of modified Preston as taught by Ehegartner; and a plurality of pipes of modified Preston extending through the openings in the cover from outside of the pocket as taught by Ehegartner, in order to filling the inner container with liquid gas or for removing the liquid gas from the inner container (See Ehegartner [0076]), without yielding unpredictable results.
Response to Arguments
The Remarks of January 05, 2026, have been fully considered but are not persuasive for the reasons below.
Applicant argues
On Page 6 §(I)(A) of the Remarks, Applicant argues that a detailed drawing illustration of thermal insulation comprising multi-layer insulation (MLI) is not necessary for an understanding of the claimed invention by a PHOSITA because the detailed description provides enough detail. This is not persuasive.
Contrary to Applicant’s assertion, the Examiner maintains the drawing objection because the recitations of the claims require a specific location of the insulation which is not discernable from the figures provided what is being insulated and where the insulation is placed. Furthermore, the Examiner maintains that such drawings are necessary for one skilled in the art to fully understand the subject matter to be patented. Applicant has provided no evidence to the contrary merely presented assertion. Correction of the drawings is required.
On Page 6 §(I)(A) of the Remarks, Applicant argues that a detailed drawing illustration of thermal insulation comprising multi-layer insulation (MLI) is not necessary for an understanding of the claimed invention by a PHOSITA because the detailed description provides enough detail. This is not persuasive.
Contrary to Applicant’s assertion, the Examiner maintains the drawing objection because the recitations of the claims require a specific location of the insulation which is not discernable from the figures provided what is being insulated and where the insulation is placed. Furthermore, the Examiner maintains that such drawings are necessary for one skilled in the art to fully understand the subject matter to be patented. Applicant has provided no evidence to the contrary merely presented assertion. Correction of the drawings is required.
On Page 6 §(I)(A) of the Remarks, Applicant argues that Preston/Andonian do not disclose the four pipes and the heat exchanger in the pocket. This is not persuasive
Contrary to Applicant’s assertion, first, it should be noted that the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. Furthermore, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. In light of the above, one of ordinary skill in the art would recognize that the findings of fact outlined in the rationale and motivation for the 103 rejection based on Preston and Andonian satisfy the requirements to establish a prima facie case of obviousness. In essence, the fact that Preston’s overall goal is to storage vessels for cryogenic liquids provides evidence that the fourth pipe and heat exchanger of Andonian is indeed compatible with the teachings of Preston.
Moreover, the test for obviousness it not whether the prior art references are within the same field of endeavor as each other, but rather, whether the prior art references are within the same field of endeavor of the claimed invention (see MPEP § 2141.01(a)). Since Preston (classified in CPC class F17C13) and Andonian (classified in CPC class F17C13) are within the same field of endeavor as the claimed invention (which contains classifications in F17C13, as evidenced by the cover page of the printed publication: US20230375135A1), the prior art is considered analogous art to the claimed invention, which is explicit evidence that the combination would have been considered by one of ordinary skill in the art and the combination of these references would not render the invention inoperable for its intended purpose and/or change its principle mode of operation.
The arguments on Pages 9-10 of the Remarks are moot because the amendments have changed the scope of the claimed invention, thereby necessitating a new grounds of rejection. Namely, claim 1 now requires at least four pipes extending from outside of the pocket to the heat exchanger, the at least four pipes including at least one pipe among the at least four pipes operable to facilitate supply of cryogenic medium from a cryogenic medium source to the heat exchanger, another pipe among the at least four pipes operable to discharge the cryogenic medium held in the inner container, at least one pipe among the at least four pipes operable to facilitate supply of a temperature control fluid, and at least one pipe among the at least four pipes operable to facilitate discharge of the temperature control fluid. In light of the above, the claim has been reconsidered, and the new grounds of rejection now incorporates teachings from to arrive at the claimed invention.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to IBRAHIM M ADENIJI whose telephone number is (571)272-5939. The examiner can normally be reached 8:00-5:00 PM.
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/IBRAHIM A. MICHAEL ADENIJI/Examiner, Art Unit 3763
/JOEL M ATTEY/Primary Examiner, Art Unit 3763
1 The recitation of "for holding a cryogenic medium, including hydrogen" recited in the claim has been considered a recitation of intended use. The prior art structure above is capable of performing as intended. It has been held that the recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitation. (MPEP 2114).
2 The recitation of "operable to facilitate supply of cryogenic medium from a cryogenic medium source to the heat exchanger" recited in the claim has been considered a recitation of intended use. The prior art structure above is capable of performing as intended. It has been held that the recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitation. (MPEP 2114).
3 The recitation of "operable to discharge the cryogenic medium held in the inner container" recited in the claim has been considered a recitation of intended use. The prior art structure above is capable of performing as intended. It has been held that the recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitation. (MPEP 2114).
4 The recitation of "to facilitate discharge of the temperature control fluid" recited in the claim has been considered a recitation of intended use. The prior art structure above is capable of performing as intended. It has been held that the recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitation. (MPEP 2114).
5
6 The recitation of "operable to facilitate supply of a temperature control fluid" recited in the claim has been considered a recitation of intended use. The prior art structure above is capable of performing as intended. It has been held that the recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitation. (MPEP 2114).
7 The recitation of "to facilitate a flow of the cryogenic medium from a cryogenic medium source to enter into the inner container for supply to the one or more functional components," recited in the claim has been considered a recitation of intended use. The prior art structure above is capable of performing as intended. It has been held that the recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitation. (MPEP 2114).
8 The recitation of "is operable to facilitate a supply cryogenic medium from the cryogenic medium source," recited in the claim has been considered a recitation of intended use. The prior art structure above is capable of performing as intended. It has been held that the recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitation. (MPEP 2114).
9 The recitation of "is operable to facilitate discharge of the cryogenic medium held in the inner container” recited in the claim has been considered a recitation of intended use. The prior art structure above is capable of performing as intended. It has been held that the recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitation. (MPEP 2114).
10 The recitation of "to protect the protect the heat exchanger arranged in the pocket” recited in the claim has been considered a recitation of intended use. The prior art structure above is capable of performing as intended. It has been held that the recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitation. (MPEP 2114).
11 The recitation of "for holding a cryogenic medium, including hydrogen" recited in the claim has been considered a recitation of intended use. The prior art structure above is capable of performing as intended. It has been held that the recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitation. (MPEP 2114).
12 The recitation of "operable to facilitate supply of cryogenic medium from a cryogenic medium source to the heat exchanger" recited in the claim has been considered a recitation of intended use. The prior art structure above is capable of performing as intended. It has been held that the recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitation. (MPEP 2114).
13 The recitation of "operable to discharge the cryogenic medium held in the inner container" recited in the claim has been considered a recitation of intended use. The prior art structure above is capable of performing as intended. It has been held that the recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitation. (MPEP 2114).
14 The recitation of "to facilitate discharge of the temperature control fluid" recited in the claim has been considered a recitation of intended use. The prior art structure above is capable of performing as intended. It has been held that the recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitation. (MPEP 2114).
15 The recitation of "operable to facilitate supply of a temperature control fluid" recited in the claim has been considered a recitation of intended use. The prior art structure above is capable of performing as intended. It has been held that the recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitation. (MPEP 2114).
16 The recitation of "for holding a cryogenic medium, including hydrogen" recited in the claim has been considered a recitation of intended use. The prior art structure above is capable of performing as intended. It has been held that the recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitation. (MPEP 2114).
17 The recitation of "operable to facilitate supply of cryogenic medium from a cryogenic medium source to the heat exchanger" recited in the claim has been considered a recitation of intended use. The prior art structure above is capable of performing as intended. It has been held that the recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitation. (MPEP 2114).
18 The recitation of "operable to discharge the cryogenic medium held in the inner container" recited in the claim has been considered a recitation of intended use. The prior art structure above is capable of performing as intended. It has been held that the recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitation. (MPEP 2114).
19 The recitation of "to facilitate discharge of the temperature control fluid" recited in the claim has been considered a recitation of intended use. The prior art structure above is capable of performing as intended. It has been held that the recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitation. (MPEP 2114).
20 The recitation of "operable to facilitate supply of a temperature control fluid" recited in the claim has been considered a recitation of intended use. The prior art structure above is capable of performing as intended. It has been held that the recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitation. (MPEP 2114).