DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
The amendment filed December 29th, 2025 has been entered. Claims 1-20 remain pending in the application. The amendments to the claims have overcome each and every specification objection, claim objection, and 112(b) rejection previously cited in the Non-Final rejection mailed October 03rd, 2025. However, the amendment has raised other issues detailed below.
Claim Objections
Claims 1-20 are objected to because of the following informalities:
Claim 1, line 16: “for thermal connection therewith” should read “for thermal connection with the extraction line tube section”
Claim 2, line 2: “an extraction line tube” should read “the extraction line tube”
Claim 2, line 4: “a recirculation line tube” should read “the recirculation line tube”
Claim 8, line 5: “for thermal connection therewith” should read “for thermal connection with the extraction line and the recirculation line tube section”
Claim 13, line 16: “for thermal connection therewith” should read “for thermal connection with the extraction line tube section”
Claim 14, line 2: “an extraction line tube” should read “the extraction line tube”
Claim 14, line 4: “a recirculation line tube” should read “the recirculation line tube”
Claim 19, line 5: “for thermal connection therewith” should read “for thermal connection with the extraction line and the recirculation line tube section”
Claims 2-5, and 10 are also objected to by virtue of their dependency on claim 1.
Claims 6-7 are also objected to by virtue of their dependency on claim 5.
Claim 9 is also objected to by virtue of its dependency on claim 8.
Claims 11-12 are also objected to by virtue of their dependency on claim 10.
Claims 14-20 are also objected to by virtue of their dependency on claim 13.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-3, 5-11, 13-15, and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Brunner et al. (US Patent No. 9,625,094), hereinafter Brunner in view of Homann et al. (US Patent No. 10,793,417), hereinafter Homann.
Regarding claim 1, Brunner discloses a cryotank (Fig. 1, cryo-compressed tank 1), comprising:
an inner tank for receiving a medium stored in the cryotank (Fig. 1, inner tank 1a; Col. 4, lines 3-5, This cryo-compressed tank 1 consists of a pressure-proof inner tank 1a, inside of which is stored the cryogenic hydrogen);
an outer container enclosing the inner tank (Fig. 1, outer shell 1c; Col. 4, lines 5, an insulating layer 1b, which envelops the inner tank 1a and which in essence has a vacuum, as well as an outer shell 1c, enclosing this vacuum);
an insulation space arranged between the inner tank and the outer container (Fig. 1, insulating layer 1b; Col. 4, lines 5, an insulating layer 1b, which envelops the inner tank 1a and which in essence has a vacuum, as well as an outer shell 1c, enclosing this vacuum);
a first heat exchanger arranged outside the inner tank and the outer container (See annotated Fig. 1 of Brunner below first heat exchanger 5a is arranged outside of the inner tank 1a and the outer shell 1c);
an extraction device for the medium, the extraction device having at least one extraction line arranged in the insulation space to facilitate conveying of the medium out of the inner tank to the first heat exchanger (Fig. 1, removal line 3; Col. 4, lines 11-14, The hydrogen can be taken from the inner tank la by way of a removal line 3, which empties into a cryo valve unit 4, which is shown only as a rough outline and is not essential for the present explanation); and
a recirculation line arranged in the insulation space with the at least one extraction line to facilitate conveying a recirculation partial flow back into the inner tank and an extraction partial flow downstream of the first heat exchanger to a consumer (Fig. 1, branch line 8, return line 10; Col. 4, lines 17-18 and 26-44, a supply line 6, which follows the removal line 3 and which ultimately leads to the aforesaid consumer…A so-called branch line 8 branches off of the tank pressure regulating valve 7a. The hydrogen, which was removed from the cryo-compressed tank 1 and heated in the first heat exchanger 5, is fed into a second (internal) heat exchanger 9, provided inside the inner tank la of the cryo-compressed tank 1. After flowing through this second heat exchanger 9, which is provided in the cryo-compressed tank 1, this hydrogen is fed over a return line 10 into the supply line 5, downstream of the branching off of the branch line 8. In this case, this return line 10 is guided beforehand through the first external heat exchanger 5, in which the hydrogen, which has cooled down in the second internal heat exchanger 9, is heated again by the heat exchange with the said heat carrying circuit 15. Therefore, the hydrogen, which was conveyed through the branch line 8 and the second internal heat exchanger 9 and the return line 10, acts as the heat carrying medium that serves to heat the hydrogen, stored in the cryo-compressed tank 1).
However, Brunner does not explicitly disclose the at least one extraction line including an extraction line tube having an extraction line tube section arranged in the insulation space; and
the recirculation line including a recirculation line tube having a recirculation line tube section coaxially arranged with the extraction line tube section in the insulation space for thermal connection therewith.
Homann teaches a coaxial piping arrangement for 3 flow paths which place the contents of the flow paths in thermal contact with each other within a vacuum insulation layer for use in cryogenic systems (Fig. 2, line 5; Col. 5, lines 28-45, Finally, an outer jacket pipe 11 is provided as the outer pipe, which encloses an annular insulating material 12 between the pipeline 8 and the jacket pipe 11, in order to thus thermally insulate the line 5. In addition, the pipelines 6, 7, 8 and the jacket pipe 11 are designed as thermally self-compensating metal corrugated pipes. The central pipeline 6 and the media-conveying annular spaces 9, 10 are not thermally insulated from one another. Since the central pipeline 6 and the two media-conveying annular spaces 9, 10 are merely separated by the wall surface of the respective pipelines 6, 7, but are not thermally insulated, heat is removed from the medium conveyed in the annular spaces 9, 10 by means of the fuel conveyed in the central pipeline 6 and said medium is correspondingly cooled. The coaxial separating wall between the pipelines 6, 7, 8 in this case forms an optimal exchange surface on account of the design as a corrugated pipe);
a first flow path coaxial tube section arranged in the insulation space (Fig. 2, media-conveying pipeline 7, media-conveying annular space 9, jacket pipe 11),
a second flow path having a second flow path coaxial tube section arranged in the insulation space for thermal connection with the first flow path coaxial tube section (Fig. 2, media-conveying central pipeline 6, jacket pipe 11; Col. 5, lines 34-36, The central pipeline 6 and the media-conveying annular spaces 9, 10 are not thermally insulated from one another), and
the first flow path being routed on an outside of the recirculation tube section, and the second flow path being routed on an inside of the recirculation tube section (Fig. 2 of Homann depicts the media-conveying annular space 9 to be routed outside of the media-conveying central pipeline 6 and flow to the media-conveying central pipeline 6 to be routed inside of the media-conveying central pipeline 6).
Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the cryotank of Brunner of claim 1 wherein the recirculation line arranged in the insulation space in thermal contact with the at least one extraction line more specifically, wherein the at least one extraction line including an extraction line tube having an extraction line tube section arranged in the insulation space, the recirculation line including a recirculation line tube having a recirculation line tube section coaxially arranged with the extraction line tube section in the insulation space for thermal connection therewith, and the extraction line being routed on an outside thereof and the recirculation line being routed on an inside as taught by Homann. One of ordinary skill in the art would have been motivated to make this modification it has proven particularly practical if all pipelines and the jacket pipe are arranged so as to be coaxial to one another (Col. 3, line 65-67).
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Annotated Fig. 1 of Brunner
Regarding claim 2, Brunner as modified discloses the cryotank of claim 1 (See the combination of references used in the rejection of claim 1 above).
Brunner as modified does not explicitly disclose wherein:
the at least one extraction line comprises an extraction line tube having an extraction line tube wall section,
the recirculation line comprises a recirculation line tube having a recirculation line tube wall section thermally connected to the extraction line tube wall section in the insulation space, and
the extraction line tube wall section and the recirculation line tube wall section are common to each other at least in sections through the insulation space and at least along a sector of their respective circumferences.
Homann teaches a first flow path comprises having an first flow path tube wall section (Fig. 2, media-conveying pipeline 7, media-conveying annular space 9),
a second flow path having a second flow path tube wall section thermally connected to the first flow path tube wall section in the insulation space (Fig. 2, media-conveying central pipeline 6, jacket pipe 11; Col. 5, lines 34-36, The central pipeline 6 and the media-conveying annular spaces 9, 10 are not thermally insulated from one another), and
the first flow path wall section and the second flow path wall section are common to each other at least in sections through the insulation space and at least along a sector of their respective circumferences (Fig. 2 of Homann depicts the first flow path wall section and the second flow path wall section are common to each other at least in sections through the insulation space and at least along a sector of their respective circumferences).
Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the cryotank of Brunner as modified wherein the at least one extraction line comprises an extraction line tube having an extraction line tube wall section, the recirculation line comprises a recirculation line tube having a recirculation line tube wall section thermally connected to the extraction line tube wall section in the insulation space, and the extraction line tube wall section and the recirculation line tube wall section are common to each other at least in sections through the insulation space and at least along a sector of their respective circumferences as taught by Homann. One of ordinary skill in the art would have been motivated to make this modification it has proven particularly practical if all pipelines and the jacket pipe are arranged so as to be coaxial to one another (Col. 3, line 65-67).
Regarding claim 3, Brunner as modified discloses the cryotank of claim 1 (See the combination of references used in the rejection of claim 1 above), wherein:
the extraction line being routed on an outside of the recirculation tube section, and the recirculation line being routed on an inside of the recirculation tube section (Fig. 2 of Homann depicts the media-conveying annular space 9 to be routed outside of the media-conveying central pipeline 6 and flow to the media-conveying central pipeline 6 to be routed inside of the media-conveying central pipeline 6). Further, the limitations of claim 3 are the result of the modification of references used in the rejection of claim 1 above.
Regarding claim 5, Brunner as modified discloses the cryotank of claim 1 (See the combination of references used in the rejection of claim 1 above), further comprising:
a second heat exchanger arranged outside the inner tank (See annotated Fig. 1 of Brunner below, second heat exchanger 5b is depicted to be arranged outside of the inner tank 1a), and
an inner-tank heat exchanger, arranged in the inner tank, through which the recirculation partial flow of the medium is conveyed via the recirculation line back into the inner tank, the medium being conveyed downstream of the inner-tank heat exchanger via a secondary recirculation line section of the recirculation line to the second heat exchanger (Brunner, Fig. 1, second internal heat exchanger 9, return line 10; Col. 4, lines 17-18 and 26-44, a supply line 6, which follows the removal line 3 and which ultimately leads to the aforesaid consumer…A so-called branch line 8 branches off of the tank pressure regulating valve 7a. The hydrogen, which was removed from the cryo-compressed tank 1 and heated in the first heat exchanger 5, is fed into a second (internal) heat exchanger 9, provided inside the inner tank la of the cryo-compressed tank 1. After flowing through this second heat exchanger 9, which is provided in the cryo-compressed tank 1, this hydrogen is fed over a return line 10 into the supply line 5, downstream of the branching off of the branch line 8. In this case, this return line 10 is guided beforehand through the first external heat exchanger 5, in which the hydrogen, which has cooled down in the second internal heat exchanger 9, is heated again by the heat exchange with the said heat carrying circuit 15. Therefore, the hydrogen, which was conveyed through the branch line 8 and the second internal heat exchanger 9 and the return line 10, acts as the heat carrying medium that serves to heat the hydrogen, stored in the cryo-compressed tank 1).
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Annotated Fig. 1 of Brunner
Regarding claim 6, Brunner as modified discloses the cryotank of claim 5 (See the combination of references used in the rejection of claim 5 above), wherein the second heat exchanger is arranged outside the outer container (See annotated Fig. 1 of Brunner below, second heat exchanger 5b is arranged outside of outer shell 1c).
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Annotated Fig. 1 of Brunner
Regarding claim 7, Brunner as modified discloses the cryotank of claim 5 (See the combination of references used in the rejection of claim 5 above), wherein the at least one extraction line and a secondary recirculation line section of the recirculation line are arranged in the insulation space (Fig. 1 of Brunner depicts supply line 3 and return line 10 to be arranged within the insulating layer 1b).
However, Brunner as modified does not disclose the at least one extraction line and a secondary recirculation line section of the recirculation line establish thermal contact between the at least one extraction line and the secondary recirculation line section of the recirculation line.
Homann teaches a coaxial piping arrangement for 3 flow paths which place the contents of the flow paths in thermal contact with each other within a vacuum insulation layer for use in cryogenic systems (Fig. 2, line 5; Col. 5, lines 28-45, Finally, an outer jacket pipe 11 is provided as the outer pipe, which encloses an annular insulating material 12 between the pipeline 8 and the jacket pipe 11, in order to thus thermally insulate the line 5. In addition, the pipelines 6, 7, 8 and the jacket pipe 11 are designed as thermally self-compensating metal corrugated pipes. The central pipeline 6 and the media-conveying annular spaces 9, 10 are not thermally insulated from one another. Since the central pipeline 6 and the two media-conveying annular spaces 9, 10 are merely separated by the wall surface of the respective pipelines 6, 7, but are not thermally insulated, heat is removed from the medium conveyed in the annular spaces 9, 10 by means of the fuel conveyed in the central pipeline 6 and said medium is correspondingly cooled. The coaxial separating wall between the pipelines 6, 7, 8 in this case forms an optimal exchange surface on account of the design as a corrugated pipe).
Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the cryotank of Brunner as modified the at least one extraction line and a secondary recirculation line section of the recirculation line establish thermal contact between the at least one extraction line and the secondary recirculation line section of the recirculation line as taught by Homann. One of ordinary skill in the art would have been motivated to make this modification it has proven particularly practical if all pipelines and the jacket pipe are arranged so as to be coaxial to one another (Col. 3, line 65-67).
Regarding claim 8, Brunner as modified discloses the cryotank of claim 5 (See the combination of references used in the rejection of claim 5 above).
Brunner as modified does not explicitly disclose wherein:
the secondary recirculation line section comprises a secondary recirculation line section tube coaxially arranged in the insulation space with the extraction line tube section and the recirculation line tube section for thermal communication therewith.
Homann teaches a first flow path having a first flow path coaxial tube section arranged in the insulation space (Fig. 2, media-conveying pipeline 7, media-conveying annular space 9, jacket pipe 11),
a second flow path having a second flow path coaxial tube section arranged in the insulation space for thermal connection with the first flow path coaxial tube section (Fig. 2, media-conveying central pipeline 6, jacket pipe 11; Col. 5, lines 34-36, The central pipeline 6 and the media-conveying annular spaces 9, 10 are not thermally insulated from one another), and
a third flow path comprises a third flow path coaxial tube arranged in the insulation space for thermal connection with the first flow path coaxial tube and the second flow path coaxial tube (Fig. 2, media-conveying pipeline 8, media-conveying annular space 10; lines 34-36, The central pipeline 6 and the media-conveying annular spaces 9, 10 are not thermally insulated from one another).
Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the cryotank of Brunner as modified the secondary recirculation line section comprises a secondary recirculation line section tube coaxially arranged in the insulation space with the extraction line tube section and the recirculation line tube section for thermal communication therewith as taught by Homann. One of ordinary skill in the art would have been motivated to make this modification it has proven particularly practical if all pipelines and the jacket pipe are arranged so as to be coaxial to one another (Col. 3, line 65-67).
Regarding claim 9, Brunner as modified discloses the cryotank of claim 8 (See the combination of references used in the rejection of claim 8 above), wherein the at least one extraction line forms a central tube embedded between the recirculation line and the secondary recirculation line section (Fig. 2 of Homann depicts the media-conveying pipeline 7, which corresponds to the claimed at least one extraction line to be embedded between, media-conveying central pipeline 6, which corresponds to the claimed recirculation line, and media-conveying pipeline 8, which corresponds to the claimed secondary recirculation line section). Further, the limitations of claim 9 are the result of the modification of references used in the rejection of claim 8 above.
Regarding claim 10, Brunner as modified discloses the cryotank of claim 1 (See the combination of references used in the rejection of claim 1 above), further comprising an elongated installation space extending in the insulation space of the inner tank to receive the at least one extraction line and the recirculation line (See annotated Fig. 1 of Brunner below, elongated installation space A extends in the insulating layer 1b of the inner tank 1a to receive the supply line 3 and the branch line 8).
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Annotated Fig. 1 of Brunner
Regarding claim 11, Brunner as modified discloses the cryotank of claim 10 (See the combination of references used in the rejection of claim 10 above), wherein the elongated installation space extends horizontally in the insulation space of the inner tank (See annotated Fig. 1 of Brunner below, elongated installation space A extends both horizontally and vertically within the insulating layer 1b of the inner tank 1a as it is a three-dimensional object).
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Annotated Fig. 1 of Brunner
Regarding claim 13, Brunner discloses a cryotank (Fig. 1, cryo-compressed tank 1), comprising:
an inner tank for receiving a medium stored in the cryotank (Fig. 1, inner tank 1a; Col. 4, lines 3-5, This cryo-compressed tank 1 consists of a pressure-proof inner tank 1a, inside of which is stored the cryogenic hydrogen);
an outer container enclosing the inner tank (Fig. 1, outer shell 1c; Col. 4, lines 5, an insulating layer 1b, which envelops the inner tank 1a and which in essence has a vacuum, as well as an outer shell 1c, enclosing this vacuum);
an insulation space arranged between the inner tank and the outer container (Fig. 1, insulating layer 1b; Col. 4, lines 5, an insulating layer 1b, which envelops the inner tank 1a and which in essence has a vacuum, as well as an outer shell 1c, enclosing this vacuum);
a first heat exchanger arranged outside the inner tank and the outer container (See annotated Fig. 1 of Brunner below first heat exchanger 5a is arranged outside of the inner tank 1a and the outer shell 1c);
an extraction device for the medium, the extraction device having at least one extraction line arranged in the insulation space to facilitate conveying of the medium out of the inner tank to the first heat exchanger (Fig. 1, removal line 3; Col. 4, lines 11-14, The hydrogen can be taken from the inner tank la by way of a removal line 3, which empties into a cryo valve unit 4, which is shown only as a rough outline and is not essential for the present explanation); and
a recirculation line back arranged in the insulation space with the at least one extraction line to facilitate conveying a recirculation partial flow back into the inner tank and an extraction partial flow downstream of the first heat exchanger to a consumer (Fig. 1, branch line 8, return line 10; Col. 4, lines 17-18 and 26-44, a supply line 6, which follows the removal line 3 and which ultimately leads to the aforesaid consumer…A so-called branch line 8 branches off of the tank pressure regulating valve 7a. The hydrogen, which was removed from the cryo-compressed tank 1 and heated in the first heat exchanger 5, is fed into a second (internal) heat exchanger 9, provided inside the inner tank la of the cryo-compressed tank 1. After flowing through this second heat exchanger 9, which is provided in the cryo-compressed tank 1, this hydrogen is fed over a return line 10 into the supply line 5, downstream of the branching off of the branch line 8. In this case, this return line 10 is guided beforehand through the first external heat exchanger 5, in which the hydrogen, which has cooled down in the second internal heat exchanger 9, is heated again by the heat exchange with the said heat carrying circuit 15. Therefore, the hydrogen, which was conveyed through the branch line 8 and the second internal heat exchanger 9 and the return line 10, acts as the heat carrying medium that serves to heat the hydrogen, stored in the cryo-compressed tank 1),
a second heat exchanger arranged outside the inner tank (See annotated Fig. 1 of Brunner below, second heat exchanger 5b is depicted to be arranged outside of the inner tank 1a), and
an inner-tank heat exchanger, arranged in the inner tank, through which the recirculation partial flow of the medium is conveyed via the recirculation line back into the inner tank, the medium being conveyed downstream of the inner-tank heat exchanger via a secondary recirculation line section of the recirculation line to the second heat exchanger (Fig. 1, second internal heat exchanger 9, return line 10; Col. 4, lines 17-18 and 26-44, a supply line 6, which follows the removal line 3 and which ultimately leads to the aforesaid consumer…A so-called branch line 8 branches off of the tank pressure regulating valve 7a. The hydrogen, which was removed from the cryo-compressed tank 1 and heated in the first heat exchanger 5, is fed into a second (internal) heat exchanger 9, provided inside the inner tank la of the cryo-compressed tank 1. After flowing through this second heat exchanger 9, which is provided in the cryo-compressed tank 1, this hydrogen is fed over a return line 10 into the supply line 5, downstream of the branching off of the branch line 8. In this case, this return line 10 is guided beforehand through the first external heat exchanger 5, in which the hydrogen, which has cooled down in the second internal heat exchanger 9, is heated again by the heat exchange with the said heat carrying circuit 15. Therefore, the hydrogen, which was conveyed through the branch line 8 and the second internal heat exchanger 9 and the return line 10, acts as the heat carrying medium that serves to heat the hydrogen, stored in the cryo-compressed tank 1).
However, Brunner does not explicitly disclose the at least one extraction line including an extraction line tube having an extraction line tube section arranged in the insulation space; and
the recirculation line including a recirculation line tube having a recirculation line tube section coaxially arranged with the extraction line tube section in the insulation space for thermal connection therewith.
Homann teaches a coaxial piping arrangement for 3 flow paths which place the contents of the flow paths in thermal contact with each other within a vacuum insulation layer for use in cryogenic systems (Fig. 2, line 5; Col. 5, lines 28-45, Finally, an outer jacket pipe 11 is provided as the outer pipe, which encloses an annular insulating material 12 between the pipeline 8 and the jacket pipe 11, in order to thus thermally insulate the line 5. In addition, the pipelines 6, 7, 8 and the jacket pipe 11 are designed as thermally self-compensating metal corrugated pipes. The central pipeline 6 and the media-conveying annular spaces 9, 10 are not thermally insulated from one another. Since the central pipeline 6 and the two media-conveying annular spaces 9, 10 are merely separated by the wall surface of the respective pipelines 6, 7, but are not thermally insulated, heat is removed from the medium conveyed in the annular spaces 9, 10 by means of the fuel conveyed in the central pipeline 6 and said medium is correspondingly cooled. The coaxial separating wall between the pipelines 6, 7, 8 in this case forms an optimal exchange surface on account of the design as a corrugated pipe);
a first flow path coaxial tube section arranged in the insulation space (Fig. 2, media-conveying pipeline 7, media-conveying annular space 9, jacket pipe 11),
a second flow path having a second flow path coaxial tube section arranged in the insulation space for thermal connection with the first flow path coaxial tube section (Fig. 2, media-conveying central pipeline 6, jacket pipe 11; Col. 5, lines 34-36, The central pipeline 6 and the media-conveying annular spaces 9, 10 are not thermally insulated from one another), and
the first flow path being routed on an outside of the recirculation tube section, and the second flow path being routed on an inside of the recirculation tube section (Fig. 2 of Homann depicts the media-conveying annular space 9 to be routed outside of the media-conveying central pipeline 6 and flow to the media-conveying central pipeline 6 to be routed inside of the media-conveying central pipeline 6).
Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the cryotank of Brunner of claim 1 wherein the recirculation line arranged in the insulation space in thermal contact with the at least one extraction line more specifically, wherein the at least one extraction line including an extraction line tube having an extraction line tube section arranged in the insulation space, the recirculation line including a recirculation line tube having a recirculation line tube section coaxially arranged with the extraction line tube section in the insulation space for thermal connection therewith, and the extraction line being routed on an outside thereof and the recirculation line being routed on an inside as taught by Homann. One of ordinary skill in the art would have been motivated to make this modification it has proven particularly practical if all pipelines and the jacket pipe are arranged so as to be coaxial to one another (Col. 3, line 65-67).
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Annotated Fig. 1 of Brunner
Regarding claim 14, Brunner as modified discloses the cryotank of claim 13 (See the combination of references used in the rejection of claim 13 above).
Brunner as modified does not explicitly disclose wherein:
the at least one extraction line comprises an extraction line tube having an extraction line tube wall section,
the recirculation line comprises a recirculation line tube having a recirculation line tube wall section thermally connected to the extraction line tube wall section in the insulation space, and
the extraction line tube wall section and the recirculation line tube wall section are common to each other at least in sections through the insulation space and at least along a sector of their respective circumferences.
Homann teaches a first flow path comprises having an first flow path tube wall section (Fig. 2, media-conveying pipeline 7, media-conveying annular space 9),
a second flow path having a second flow path tube wall section thermally connected to the first flow path tube wall section in the insulation space (Fig. 2, media-conveying central pipeline 6, jacket pipe 11; Col. 5, lines 34-36, The central pipeline 6 and the media-conveying annular spaces 9, 10 are not thermally insulated from one another), and
the first flow path wall section and the second flow path wall section are common to each other at least in sections through the insulation space and at least along a sector of their respective circumferences (Fig. 2 of Homann depicts the first flow path wall section and the second flow path wall section are common to each other at least in sections through the insulation space and at least along a sector of their respective circumferences).
Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the cryotank of Brunner as modified wherein the at least one extraction line comprises an extraction line tube having an extraction line tube wall section, the recirculation line comprises a recirculation line tube having a recirculation line tube wall section thermally connected to the extraction line tube wall section in the insulation space, and the extraction line tube wall section and the recirculation line tube wall section are common to each other at least in sections through the insulation space and at least along a sector of their respective circumferences as taught by Homann. One of ordinary skill in the art would have been motivated to make this modification it has proven particularly practical if all pipelines and the jacket pipe are arranged so as to be coaxial to one another (Col. 3, line 65-67).
Regarding claim 15, Brunner as modified discloses the cryotank of claim 13 (See the combination of references used in the rejection of claim 13 above), wherein:
the extraction line being routed on an outside of the recirculation tube section, and the recirculation line being routed on an inside of the recirculation tube section (Fig. 2 of Homann depicts the media-conveying annular space 9 to be routed outside of the media-conveying central pipeline 6 and flow to the media-conveying central pipeline 6 to be routed inside of the media-conveying central pipeline 6). Further, the limitations of claim 15 are the result of the modification of references used in the rejection of claim 13 above.
Regarding claim 17, Brunner as modified discloses the cryotank of claim 13 (See the combination of references used in the rejection of claim 13 above), wherein the second heat exchanger is arranged outside the outer container (See annotated Fig. 1 of Brunner below, second heat exchanger 5b is arranged outside of outer shell 1c).
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Annotated Fig. 1 of Brunner
Regarding claim 18, Brunner as modified discloses the cryotank of claim 13 (See the combination of references used in the rejection of claim 13 above), wherein the at least one extraction line and a secondary recirculation line section of the recirculation line are arranged in the insulation space (Fig. 1 of Brunner depicts supply line 3 and return line 10 to be arranged within the insulating layer 1b).
However, Brunner as modified does not disclose the at least one extraction line and a secondary recirculation line section of the recirculation line establish thermal contact between the at least one extraction line and the secondary recirculation line section of the recirculation line.
Homann teaches a coaxial piping arrangement for 3 flow paths which place the contents of the 18411377flow paths in thermal contact with each other within a vacuum insulation layer for use in cryogenic systems (Fig. 2, line 5; Col. 5, lines 28-45, Finally, an outer jacket pipe 11 is provided as the outer pipe, which encloses an annular insulating material 12 between the pipeline 8 and the jacket pipe 11, in order to thus thermally insulate the line 5. In addition, the pipelines 6, 7, 8 and the jacket pipe 11 are designed as thermally self-compensating metal corrugated pipes. The central pipeline 6 and the media-conveying annular spaces 9, 10 are not thermally insulated from one another. Since the central pipeline 6 and the two media-conveying annular spaces 9, 10 are merely separated by the wall surface of the respective pipelines 6, 7, but are not thermally insulated, heat is removed from the medium conveyed in the annular spaces 9, 10 by means of the fuel conveyed in the central pipeline 6 and said medium is correspondingly cooled. The coaxial separating wall between the pipelines 6, 7, 8 in this case forms an optimal exchange surface on account of the design as a corrugated pipe).
Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the cryotank of Brunner as modified the at least one extraction line and a secondary recirculation line section of the recirculation line establish thermal contact between the at least one extraction line and the secondary recirculation line section of the recirculation line as taught by Homann. One of ordinary skill in the art would have been motivated to make this modification it has proven particularly practical if all pipelines and the jacket pipe are arranged so as to be coaxial to one another (Col. 3, line 65-67).
Regarding claim 19, Brunner as modified discloses the cryotank of claim 13 (See the combination of references used in the rejection of claim 13 above).
Brunner as modified does not explicitly disclose wherein:
the secondary recirculation line section comprises a secondary recirculation line section tube coaxially arranged in the insulation space with the extraction line tube section and the recirculation line tube section for thermal communication therewith.
Homann teaches a first flow path having a first flow path coaxial tube section arranged in the insulation space (Fig. 2, media-conveying pipeline 7, media-conveying annular space 9, jacket pipe 11),
a second flow path having a second flow path coaxial tube section arranged in the insulation space for thermal connection with the first flow path coaxial tube section (Fig. 2, media-conveying central pipeline 6, jacket pipe 11; Col. 5, lines 34-36, The central pipeline 6 and the media-conveying annular spaces 9, 10 are not thermally insulated from one another), and
a third flow path comprises a third flow path coaxial tube arranged in the insulation space for thermal connection with the first flow path coaxial tube and the second flow path coaxial tube (Fig. 2, media-conveying pipeline 8, media-conveying annular space 10; lines 34-36, The central pipeline 6 and the media-conveying annular spaces 9, 10 are not thermally insulated from one another).
Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the cryotank of Brunner as modified the secondary recirculation line section comprises a secondary recirculation line section tube coaxially arranged in the insulation space with the extraction line tube section and the recirculation line tube section for thermal communication therewith as taught by Homann. One of ordinary skill in the art would have been motivated to make this modification it has proven particularly practical if all pipelines and the jacket pipe are arranged so as to be coaxial to one another (Col. 3, line 65-67).
Regarding claim 20, Brunner as modified discloses the cryotank of claim 13 (See the combination of references used in the rejection of claim 13 above), further comprising an elongated installation space extending in the insulation space of the inner tank to receive the at least one extraction line and the recirculation line (See annotated Fig. 1 of Brunner below, elongated installation space A extends in the insulating layer 1b of the inner tank 1a to receive the supply line 3 and the branch line 8).
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Annotated Fig. 1 of Brunner
Claims 4, 12, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Brunner as modified by Homann as applied to claims 1, 10, and 13 above, respectively, and further in view of Emans et al. (EP 2 118 557), hereinafter Emans.
Regarding claim 4, Brunner as modified discloses the cryotank of claim 1 (See the combination of references used in the rejection of claim 1 above).
However, Brunner as modified does not disclose further comprising a blower to deliver the recirculation partial flow of the medium through the recirculation line back into the inner tank.
Emans teaches a blower to deliver the recirculation partial flow of the medium through the recirculation line back into the inner tank (Fig. 1, inner container 3, return line 16, compressor 17; Pg. 3, paragraph 18, The consumer may be an internal combustion engine or a fuel cell unit. Between the heat exchanger 11 and the valve 12, a branch 15, from which a return line 16 extends through a compressor 17 into the interior of the container 3, in the container an inner return line 19 forms leads to a further heat exchanger 22).
Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the cryotank of Brunner as modified to include a blower to deliver the recirculation partial flow of the medium through the recirculation line back into the inner tank as taught by Emans. One of ordinary skill in the art would have been motivated to make this modification to ensure sufficient flow is provided to the recirculation line to improve overall system efficiencies.
Regarding claim 12, Brunner as modified discloses the cryotank of claim 10 (See the combination of references used in the rejection of claim 10 above).
However, Brunner as modified does not disclose wherein the elongated installation space extends obliquely in the insulation space of the inner tank.
Emans teaches wherein the elongated installation space extends obliquely in the insulation space of the inner tank (Fig. 2, insulating space 20, downwardly inclined tube 21).
Brunner as modified fails to teach wherein the elongated installation space extends obliquely in the insulation space of the inner tank, however Emans teaches that it is a known method in the art of cryotanks to include wherein the elongated installation space extends obliquely in the insulation space of the inner tank. This is strong evidence that modifying Brunner as modified as claimed would produce predictable results (i.e. transferring fluid in and out of a cryotank). Accordingly, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Brunner as modified by Emans and arrive at the claimed invention since all claimed elements were known in the art and one having ordinary skill in the art could have combined the elements as claimed by known methods with no changes in their respective functions and the combination would have yielded the predictable result of transferring fluid in and out of a cryotank.
Regarding claim 16, Brunner as modified discloses the cryotank of claim 13 (See the combination of references used in the rejection of claim 13 above).
However, Brunner as modified does not disclose further comprising a blower to deliver the recirculation partial flow of the medium through the recirculation line back into the inner tank.
Emans teaches a blower to deliver the recirculation partial flow of the medium through the recirculation line back into the inner tank (Fig. 1, inner container 3, return line 16, compressor 17; Pg. 3, paragraph 18, The consumer may be an internal combustion engine or a fuel cell unit. Between the heat exchanger 11 and the valve 12, a branch 15, from which a return line 16 extends through a compressor 17 into the interior of the container 3, in the container an inner return line 19 forms leads to a further heat exchanger 22).
Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the cryotank of Brunner as modified to include a blower to deliver the recirculation partial flow of the medium through the recirculation line back into the inner tank as taught by Emans. One of ordinary skill in the art would have been motivated to make this modification to ensure sufficient flow is provided to the recirculation line to improve overall system efficiencies.
Response to Arguments
Applicant's arguments filed December 29th, 2025 have been fully considered but they are not persuasive.
In response to applicant's argument that “The secondary reference of Homman fails to remedy the noted deficiencies of Brunner. Homann discloses coaxial pipelines in a fueling or transfer line system, external to a storage container. Homann does not disclose an inner tank, an outer container, or an insulation space therebetween forming part of a cryotank. Notably, Homann does not disclose or suggest arranging extraction and recirculation lines as coaxial pipe sections within the insulation space between an inner tank and an outer container of a cryotank. Homann's coaxial pipelines are part of an external line assembly and are structurally and functionally distinct from the claimed cryotank architecture. The Office asserts that a person of ordinary skill on the art (POSITA) would have been motivated to apply Homann's coaxial pipeline teachings to Brunner. Applicant respectfully submits that this assertion relies on impermissible hindsight. Homann's teachings relate to external fueling lines and do not address the internal insulation space of a cryotank. There is no teaching or suggestion in either reference that would motivate a POSITA to redesign Brunner's cryotank so that the extraction and recirculation lines form coaxial pipe sections in the insulation space between the inner tank and the outer container. As such, a POSITA would not have been motivated to modify or combine the cited art as suggested by the Office with a reasonable expectation of success in achieving the claimed invention. Moreover, to modify Brunner in the manner suggested by the Office would render it unsuitable for its intended purpose and/or change its principal mode of operation”, 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. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981). Further, the Examiner would like to note that Brunner discloses all of the claimed structure of claim 1 except for coaxial arrangement of the at least one extraction line with the recirculation line (See Fig. 1 of Brunner). The teachings of Homann are simply relied upon to show it is known in the art of cryogenic fluid transfer to coaxially arrange piping within thermal insulation to improve practicality of the system (See Fig. 2 of Homann and Col. 3, line 65-67). See the rejection of claims 1 and 13 above.
In response to applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971).
The rejection of independent claims 1 and 13 are maintained. The rejections of dependent claims 2-12 and 14-20 are also maintained for at least the reasons described herein.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEVON T MOORE whose telephone number is 571-272-6555. The examiner can normally be reached M-F, 7:30-5.
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/DEVON MOORE/Examiner, Art Unit 3763 January 14th, 2026
/FRANTZ F JULES/Supervisory Patent Examiner, Art Unit 3763