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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 April 22nd, 2026 has been entered.
Response to Arguments
Applicant's arguments filed April 22nd, 2026 have been fully considered but they are not persuasive.
Applicant argues on Pg. 7 (as numbered by Applicant) of the Remarks, “For example, the Brunner design includes a cryo-compressed tank having an inner tank, an outer shell, an insulation space, a removal line, and a return line. The Brunner design, however, lacks the claimed "coaxial tube arrangement arranged in the insulation space and formed by the extraction line tube section, the recirculation line, and the secondary recirculation line tube section." This is based at least on the fact that the Brunner design lacks a recirculation line arranged in the insulation space. The Homman design is equally lacking inasmuch as it requires coaxial pipelines that are external to a storage container. The Homann design lacks an inner tank enclosed by an outer container, with an insulation space therebetween. The Emans design does not alleviate the noted technical deficiencies in Brunner and Homman insofar as it also lacks the convergence of an extraction line tube section, a recirculation line, and a secondary recirculation line tube section to form a coaxial tube arrangement arranged in the insulation space.”
However, this argument is not persuasive as Fig. 1 of Brunner depicts the branch line 8 which turns into the return line 10 which corresponds the claimed recirculation line to be arranged in the insulation layer 1b. Further, Homann nor Emans are relied upon to disclose any lines being disposed within an insulation space of the tank. See the rejection of independent claims 21 and 39-40 below.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 35 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The term “substantially” in claim 35 is a relative term which renders the claim indefinite. The term “substantially” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The degree to which the coaxial tube arrangement is parallel to a bottom region of the inner tank is rendered indefinite by the use of the term “substantially”. For purposes of examination, the Examiner will interpret the claim to simply require the coaxial tube arrangement to be parallel to a bottom region of the inner tank.
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 21-33 and 38-39 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 21, Brunner discloses a cryotank (Fig. 1, cryo-compressed tank 1), comprising:
an inner tank for storing a medium (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);
an extraction line extending from the inner tank through the insulation space and out of the outer container to facilitate conveying of a first partial flow of the medium out of the inner tank to a consumer, the extraction line including a first heat exchanger arranged outside the outer container to thermally contact the first partial flow of the medium before the first partial flow of the medium is conveyed downstream to the consumer, and an extraction line tube section arranged in the insulation space (Fig. 1, removal line 3, supply line 6; See annotated Fig. 1 of Brunner below first heat exchanger 5a is arranged in a branch of the removal line 3, outside of the inner tank 1a and the outer shell 1c; Col. 4, lines 11-22, 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. Attached to this valve unit 4 is a first, or rather external, heat exchanger 5, through which are guided, on the one hand, a first heat carrying circuit 15 and secondly a supply line 6, which follows the removal line 3 and which ultimately leads to the aforesaid consumer. The supply line 6 is connected in a heat carrying manner to the first heat carrying circuit 15, so that the hydrogen, conveyed in the supply line 6, is heated in the external heat exchanger 5); and
a recirculation line that branches from the extraction line to facilitate recirculation of a second partial flow of the medium back into the inner tank, the recirculation line including a secondary recirculation line section extending from the inner tank through the insulation space and out of the outer container to facilitate the conveying of the second partial flow of the medium out of the inner tank to the consumer, the secondary recirculation line section having a secondary recirculation line tube section arranged in the insulation space for thermal connection with the extraction line tube section (See annotated Fig. 1 of Brunner below branch line 8, return line 10a, return line 10b; 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 1a 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); and
a tube arrangement arranged in the insulation space and formed by the extraction line tube section, the recirculation line, and the secondary recirculation line tube section (see annotated Fig. 1 of Brunner blow, tube arraignment A is arranged in the insulating layer 1b and formed by the removal line 3, the branch line 8 that turns into return line 10a, and return line 10b).
However, Brunner does not disclose the tube arrangement to be a coaxial tube arrangement.
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, media-conveying central pipeline 6, media-conveying pipeline 7, media-conveying annular space 9, jacket pipe 11; 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).
Brunner fails to teach the tube arrangement to be a coaxial tube arrangement, however Homann teaches that it is a known method in the art of cryogenic fluid transfer to include 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. This is strong evidence that modifying Brunner as claimed would produce predictable results (i.e. maintaining desired heat transfer characteristics within the system). 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 by Homann and arrive at the claimed invention since all claimed elements were known in the art and one having ordinary skill in the art could have combined the elements as claimed by known methods with no changes in their respective functions and the combination would have yielded the predictable result of maintaining desired heat transfer characteristics within the system.
Regarding claim 22, Brunner as modified discloses the cryotank of claim 21 (see the combination of references used in the rejection of claim 21 above), wherein the recirculation line further includes a valve to facilitate the recirculation of the second partial flow of the medium back into the inner tank (Brunner, Fig. 1, tank pressure regulating valve 7a; Col. 4, lines 23-28, The first external heat exchanger 5 follows a second valve unit 7. The supply line 5 is guided through this second valve unit 7 while at the same time passing through a tank pressure regulating valve 7a and a pressure regulating unit 7b. A so-called branch line 8 branches off of the tank pressure regulating valve 7a).
Regarding claim 23, Brunner as modified discloses the cryotank of claim 21 (see the combination of references used in the rejection of claim 21 above), wherein the extraction line further includes a control valve to facilitate the recirculation of the second partial flow of the medium back into the inner tank (Brunner, Fig. 1, tank pressure regulating valve 7a; Col. 4, lines 23-28, The first external heat exchanger 5 follows a second valve unit 7. The supply line 5 is guided through this second valve unit 7 while at the same time passing through a tank pressure regulating valve 7a and a pressure regulating unit 7b. A so-called branch line 8 branches off of the tank pressure regulating valve 7a).
Regarding claim 24, Brunner as modified discloses the cryotank of claim 21 (see the combination of references used in the rejection of claim 21 above), wherein the secondary recirculation line section includes a second heat exchanger arranged outside the inner tank to thermally contact the second partial flow of the medium before the second partial flow of the medium is conveyed downstream to the consumer (See annotated Fig. 1 of Brunner below, second heat exchanger 5b is depicted to be included on return line 10b and arranged outside of the inner tank 1a; 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 1a 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).
Regarding claim 25, Brunner as modified discloses the cryotank of claim 21 (see the combination of references used in the rejection of claim 21 above), further comprising an inner-tank heat exchanger arranged in the inner tank and configured to thermally contact the second partial flow of the medium (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).
Regarding claim 26, Brunner as modified discloses the cryotank of claim 21 (see the combination of references used in the rejection of claim 21 above), wherein the coaxial tube arrangement facilitates thermal contact between the extraction line tube section, the recirculation line, and the secondary recirculation line tube section (Homann, 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). Further, the limitations of claim 26 are the result of the modification of references used in the rejection of claim 21 above as the modification as described herein places the removal line 3, the return line 10a, and the return line 10b in coaxial thermal communication with one another.
Regarding claim 27, Brunner as modified discloses the cryotank of claim 26 (see the combination of references used in the rejection of claim 26 above).
However, Brunner as modified does not explicitly disclose wherein the extraction line forms a central tube embedded between the recirculation line and the secondary recirculation line tube section.
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, media-conveying central pipeline 6, media-conveying pipeline 7, media-conveying annular space 9, jacket pipe 11; 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).
Further, it is noted there are only a finite number of ways to arrange 3 flow paths (extraction line, recirculation line, and secondary recirculation line) coaxially with one another. The following finite arrangements including: wherein the extraction line forms a central tube embedded between the recirculation line and the secondary recirculation line tube section, wherein the recirculation line forms a central tube embedded between the extraction line and the secondary recirculation line tube section, or wherein the secondary recirculation line tube section forms a central tube embedded between the recirculation line and the extraction line. Therefore, 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 3 flow paths in the coaxial arrangement wherein the extraction line forms a central tube embedded between the recirculation line and the secondary recirculation line tube section for the predictable result of maintaining desired heat transfer characteristics within the system.
Regarding claim 28, Brunner as modified discloses the cryotank of claim 26 (see the combination of references used in the rejection of claim 26 above).
However, Brunner as modified does not explicitly disclose wherein the secondary recirculation line tube section forms a central tube that extends through the coaxial tube arrangement.
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, media-conveying central pipeline 6, media-conveying pipeline 7, media-conveying annular space 9, jacket pipe 11; 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).
Further, it is noted there are only a finite number of ways to arrange 3 flow paths (extraction line, recirculation line, and secondary recirculation line) coaxially with one another. The following finite arrangements including: wherein the extraction line forms a central tube embedded between the recirculation line and the secondary recirculation line tube section, wherein the recirculation line forms a central tube embedded between the extraction line and the secondary recirculation line tube section, or wherein the secondary recirculation line tube section forms a central tube embedded between the recirculation line and the extraction line. Therefore, 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 3 flow paths in the coaxial arrangement wherein the secondary recirculation line tube section forms a central tube that extends through the coaxial tube arrangement for the predictable result of maintaining desired heat transfer characteristics within the system.
Regarding claim 29, Brunner as modified discloses the cryotank of claim 28 (see the combination of references used in the rejection of claim 28 above).
Brunner as modified does not explicitly disclose wherein the extraction line tube section surrounds the secondary recirculation line tube section. The modification as currently described discloses wherein the secondary recirculation line tube section forms a central tube that extends through the coaxial tube arrangement, but does not explicitly disclose the arrangement of the remaining two flow paths in the 3 flow path coaxial tube arrangement.
However, it is noted there are only a finite number of ways to arrange the remaining two flow paths (extraction line and the recirculation line) coaxially with one another surrounding the secondary recirculation line tube section. The following finite arrangements including: the extraction line surrounds the secondary recirculation line tube section and the recirculation line surrounds the extraction line or the recirculation line surrounds the secondary recirculation line tube section and the extraction line surrounds the recirculation line. Therefore, 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 remaining two flow paths of the 3 flow paths in the coaxial arrangement wherein the extraction line tube section surrounds the secondary recirculation line tube section for the predictable result of maintaining desired heat transfer characteristics within the system.
Regarding claim 30, Brunner as modified discloses the cryotank of claim 29 (see the combination of references used in the rejection of claim 29 above), wherein the recirculation line surrounds the extraction line tube section (The limitation, “wherein the recirculation line surrounds the extraction line tube section” is a result of the modification of references used in the rejection of claim 29 above as the modification results in the extraction line surrounding the secondary recirculation line tube section and the recirculation line surrounds the extraction line).
Regarding claim 31, Brunner as modified discloses the cryotank of claim 26 (see the combination of references used in the rejection of claim 26 above).
However, Brunner as modified does not explicitly disclose wherein the recirculation line forms a central tube that extends through the coaxial tube arrangement.
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, media-conveying central pipeline 6, media-conveying pipeline 7, media-conveying annular space 9, jacket pipe 11; 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).
Further, it is noted there are only a finite number of ways to arrange 3 flow paths (extraction line, recirculation line, and secondary recirculation line) coaxially with one another. The following finite arrangements including: wherein the extraction line forms a central tube embedded between the recirculation line and the secondary recirculation line tube section, wherein the recirculation line forms a central tube embedded between the extraction line and the secondary recirculation line tube section, or wherein the secondary recirculation line tube section forms a central tube embedded between the recirculation line and the extraction line. Therefore, 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 3 flow paths in the coaxial arrangement wherein the recirculation line forms a central tube that extends through the coaxial tube arrangement for the predictable result of maintaining desired heat transfer characteristics within the system.
Regarding claim 32, Brunner as modified discloses the cryotank of claim 31 (see the combination of references used in the rejection of claim 31 above).
Brunner as modified does not explicitly disclose wherein the extraction line tube section surrounds the recirculation line. The modification as currently described discloses wherein the recirculation line forms a central tube that extends through the coaxial tube arrangement, but does not explicitly disclose the arrangement of the remaining two flow paths in the 3 flow path coaxial tube arrangement.
However, it is noted there are only a finite number of ways to arrange the remaining two flow paths (extraction line tube section and the secondary recirculation line tube section) coaxially with one another surrounding the recirculation line. The following finite arrangements including: the extraction line surrounds the recirculation line and the secondary recirculation line tube section surrounds the extraction line tube section or the secondary recirculation line tube section surrounds the recirculation line and the extraction line tube section surrounds the secondary recirculation line tube section. Therefore, 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 remaining two flow paths of the 3 flow paths in the coaxial arrangement wherein the extraction line tube section surrounds the recirculation line for the predictable result of maintaining desired heat transfer characteristics within the system.
Regarding claim 33, Brunner as modified discloses the cryotank of claim 32 (see the combination of references used in the rejection of claim 32 above), wherein the secondary recirculation line tube section surrounds the extraction line tube section (The limitation, “wherein the secondary recirculation line tube section surrounds the extraction line tube section.” is a result of the modification of references used in the rejection of claim 32 above as the modification results in the extraction line surrounds the recirculation line and the secondary recirculation line tube section surrounds the extraction line tube section).
Regarding claim 38, Brunner as modified discloses the cryotank of claim 21 (see the combination of references used in the rejection of claim 21 above), wherein the medium comprises hydrogen (Brunner, Col. 3-4, lines 63-67 and 1-3, In this case, the reference numeral 1 stands for the entire cryo-compressed tank, in which cryogenic hydrogen that serves to supply a consumer (not illustrated), for example, an internal combustion engine and/or a fuel cell of a motor vehicle, can be stored at absolute pressure values of the tank internal pressure in a magnitude of 150 bar or more, but at least under supercritical pressure at 13 bar or more).
Regarding claim 39, Brunner discloses a cryotank (Fig. 1, cryo-compressed tank 1), comprising:
an outer container (Fig. 1, outer shell 1c);
an inner tank enclosed by the outer container and configured to store a medium (Fig. 1, inner tank 1a; Col. 4, lines 3-8, This cryo-compressed tank 1 consists of a pressure-proof inner tank 1a, inside of which is stored the cryogenic hydrogen, and, furthermore, an insulating layer 1b, which envelops the inner tank la 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);
an extraction line to convey a first partial flow of the medium from the inner tank to a consumer, the extraction line having an extraction line tube section arranged in the insulation space (Fig. 1, removal line 3, supply line 6; Col. 4, lines 11-22, 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. Attached to this valve unit 4 is a first, or rather external, heat exchanger 5, through which are guided, on the one hand, a first heat carrying circuit 15 and secondly a supply line 6, which follows the removal line 3 and which ultimately leads to the aforesaid consumer. The supply line 6 is connected in a heat carrying manner to the first heat carrying circuit 15, so that the hydrogen, conveyed in the supply line 6, is heated in the external heat exchanger 5); and
a recirculation line that branches from the extraction line to recirculate a second partial flow of the medium into the inner tank, the recirculation line including a secondary recirculation line section to convey the second partial flow of the medium to the consumer, the secondary recirculation line section having a secondary recirculation line tube section arranged in the insulation space (See annotated Fig. 1 of Brunner below branch line 8, return line 10a, return line 10b; 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 1a 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); and
a tube arrangement arranged in the insulation space and formed by the extraction line tube section, the recirculation line, and the secondary recirculation line tube section (see annotated Fig. 1 of Brunner blow, tube arraignment A is arranged in the insulating layer 1b and formed by the removal line 3, the branch line 8 that turns into return line 10a, and return line 10b).
However, Brunner does not disclose the tube arrangement to be a coaxial tube arrangement.
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, media-conveying central pipeline 6, media-conveying pipeline 7, media-conveying annular space 9, jacket pipe 11; 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).
Brunner fails to teach the tube arrangement to be a coaxial tube arrangement, however Homann teaches that it is a known method in the art of cryogenic fluid transfer to include 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. This is strong evidence that modifying Brunner as claimed would produce predictable results (i.e. maintaining desired heat transfer characteristics within the system). 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 by Homann and arrive at the claimed invention since all claimed elements were known in the art and one having ordinary skill in the art could have combined the elements as claimed by known methods with no changes in their respective functions and the combination would have yielded the predictable result of maintaining desired heat transfer characteristics within the system.
Claim 34 is rejected under 35 U.S.C. 103 as being unpatentable over Brunner as modified by Homann as applied to claim 21 above, and further in view of Jung et al. (US Patent No. 8,955,338), hereinafter Jung.
Regarding claim 34, Brunner as modified discloses the cryotank of claim 21 (see the combination of references used in the rejection of claim 21 above), further comprising an insulation that surrounds the coaxial tube arrangement (Homann, Fig. 2, jacket pipe 11).
However, Brunner as modified does not explicitly disclose the insulation to be a multi-layer insulation (MLI).
Jung teaches a multi-layer insulation (MLI) for insulating a tube arrangement in a cryotank (Fig. 2, vacuum tube 13’, insulation 38’; Col. 4, lines 49-56, The vacuum tube 13' is a conduit surrounding the first conduit 14' and the second conduit 16'. The vacuum tube 13' includes insulation 38' that surrounds the first conduit 14' and the second conduit 16'. It is understood that the vacuum tube 13' may be any conventional vacuum tube, as desired, and maybe be a double walled insulated vacuum tube, or may be filled with a multi-layered thermal vacuum insulation, as desired).
Brunner as modified fails to teach the insulation to be a multi-layer insulation (MLI), however Jung teaches that it is a known method in the art of tube arrangements for use with cryotanks to include a multi-layer insulation (MLI) for insulating a tube arrangement in a cryotank. This is strong evidence that modifying Brunner as modified as claimed would produce predictable results (i.e. improving thermal insulation to maintain desired heat transfer characteristics within the system). 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 Jung 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 improving thermal insulation to maintain desired heat transfer characteristics within the system.
Claim 35 is rejected under 35 U.S.C. 103 as being unpatentable over Brunner as modified by Homann as applied to claim 21 above, and further in view of Bechyne et al. (WO 2007028405), hereinafter Bechyne.
Regarding claim 35, Brunner as modified discloses the cryotank of claim 21 (see the combination of references used in the rejection of claim 21 above).
However, Brunner as modified does not disclose wherein the coaxial tube arrangement extends adjacent an upper region of the inner tank and substantially parallel to a bottom region of the inner tank.
Bechyne teaches wherein the tube arrangement extends adjacent an upper region of the inner tank and substantially parallel to a bottom region of the inner tank (Fig. 1 of Bechyne storage 11 which includes an inner tank and an outer container having evaporator 17 which includes gas feed line 12, primary heating line 13, and secondary heating line 14 (and corresponds to the claimed tube arrangement) to extend adjacent an upper region of the inner tank and substantially parallel to a bottom region 25 of the inner tank).
Brunner as modified fails to teach wherein the coaxial tube arrangement extends adjacent an upper region of the inner tank and substantially parallel to a bottom region of the inner tank, however Bechyne teaches that it is a known method in the art of tube arrangements for use with cryotanks to include wherein the tube arrangement extends adjacent an upper region of the inner tank and substantially parallel to a bottom region of the inner tank. This is strong evidence that modifying Brunner as modified as claimed would produce predictable results (i.e. maintaining desired heat transfer characteristics within the system). 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 Bechyne and arrive at the claimed invention since all claimed elements were known in the art and one having ordinary skill in the art could have combined the elements as claimed by known methods with no changes in their respective functions and the combination would have yielded the predictable result of maintaining desired heat transfer characteristics within the system.
Claims 36-37 are rejected under 35 U.S.C. 103 as being unpatentable over Brunner as modified by Homann as applied to claim 21 above, and further in view of Emans et al. (EP 2 118 557), hereinafter Emans.
Regarding claim 36, Brunner as modified discloses the cryotank of claim 21 (see the combination of references used in the rejection of claim 21 above).
However, Brunner as modified does not disclose wherein the coaxial tube arrangement extends obliquely relative to a top region of the inner tank and a bottom region of the inner tank.
Emans teaches wherein the tube arrangement extends obliquely relative to a top region of the inner tank and a bottom region of the inner tank (Fig. 2, insulating space 20, downwardly inclined tube 21).
Brunner as modified fails to teach wherein the coaxial tube arrangement extends obliquely relative to a top region of the inner tank and a bottom region of the inner tank, however Emans teaches that it is a known method in the art of tube arrangements for use with cryotanks to include wherein the tube arrangement extends obliquely relative to a top region of the inner tank and a bottom region 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 37, Brunner as modified discloses the cryotank of claim 21 (see the combination of references used in the rejection of claim 21 above).
However, Brunner as modified does not disclose further comprising a blower to deliver the second partial flow of the medium through the recirculation line back into the inner tank.
Emans teaches a blower to deliver the second 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).
Brunner as modified fails to teach a blower to deliver the second partial flow of the medium through the recirculation line back into the inner tank, however Emans teaches that it is a known method in the art of cryotanks to include a blower to deliver the second partial flow of the medium through the recirculation line back into the inner tank. This is strong evidence that modifying Brunner as modified as claimed would produce predictable results (i.e. ensuring sufficient flow is provided to the recirculation line to improve overall system efficiencies). Accordingly, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify 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 ensuring sufficient flow is provided to the recirculation line to improve overall system efficiencies.
Claim 40 is 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 and Emans et al. (EP 2 118 557), hereinafter Emans.
Regarding claim 40, Brunner discloses a cryotank (Fig. 1, cryo-compressed tank 1), comprising:
an outer container configured to enclose an inner tank configured to store a medium (Fig. 1, inner tank 1a, outer shell 1c; Col. 4, lines 3-8, This cryo-compressed tank 1 consists of a pressure-proof inner tank 1a, inside of which is stored the cryogenic hydrogen, and, furthermore, an insulating layer 1b, which envelops the inner tank la 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);
an extraction line to convey a first partial flow of the medium from the inner tank to a consumer, the extraction line having an extraction line tube section arranged in the insulation space (Fig. 1, removal line 3, supply line 6; Col. 4, lines 11-22, 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. Attached to this valve unit 4 is a first, or rather external, heat exchanger 5, through which are guided, on the one hand, a first heat carrying circuit 15 and secondly a supply line 6, which follows the removal line 3 and which ultimately leads to the aforesaid consumer. The supply line 6 is connected in a heat carrying manner to the first heat carrying circuit 15, so that the hydrogen, conveyed in the supply line 6, is heated in the external heat exchanger 5); and
a recirculation line that branches from the extraction line to recirculate a second partial flow of the medium into the inner tank, the recirculation line including a secondary recirculation line section to convey the second partial flow of the medium to the consumer, the secondary recirculation line section having a secondary recirculation line tube section arranged in the insulation space (See annotated Fig. 1 of Brunner below branch line 8, return line 10a, return line 10b; 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 1a 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); and
a tube arrangement arranged in the insulation space and formed by the extraction line tube section, the recirculation line, and the secondary recirculation line tube section (see annotated Fig. 1 of Brunner blow, tube arraignment A is arranged in the insulating layer 1b and formed by the removal line 3, the branch line 8 that turns into return line 10a, and return line 10b).
However, Brunner does not disclose the tube arrangement to be a coaxial tube arrangement.
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, media-conveying central pipeline 6, media-conveying pipeline 7, media-conveying annular space 9, jacket pipe 11; 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).
Brunner fails to teach the tube arrangement to be a coaxial tube arrangement, however Homann teaches that it is a known method in the art of cryogenic fluid transfer to include 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. This is strong evidence that modifying Brunner as claimed would produce predictable results (i.e. maintaining desired heat transfer characteristics within the system). 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 by Homann and arrive at the claimed invention since all claimed elements were known in the art and one having ordinary skill in the art could have combined the elements as claimed by known methods with no changes in their respective functions and the combination would have yielded the predictable result of maintaining desired heat transfer characteristics within the system.
Further, Brunner as modified does not disclose the coaxial tube arrangement extending obliquely relative to the inner tank and the inner tank.
Emans teaches a tube arrangement extending obliquely relative to the inner tank and the inner tank (Fig. 2, insulating space 20, downwardly inclined tube 21).
Brunner as modified fails to teach the coaxial tube arrangement extending obliquely relative to the inner tank and the inner tank, however Emans teaches that it is a known method in the art of tube arrangements for use with cryotanks to include the tube arrangement extending obliquely relative to the inner tank and 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.
Conclusion
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Frantz Jules can be reached at 571-272-6681. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/DEVON MOORE/Examiner, Art Unit 3763 May 20th, 2026
Prosecution Insights