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 February 26th, 2026 has been entered. Claims 42-48, 50-54, 56-62 remain pending in the application. The amendments to the claims have overcome each and every claim objection, 112(a) rejection, and 112(b) rejection previously cited in the Non-Final rejection mailed XXX. However, the amendment has raised other issues detailed below.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
Claim 50, lines 1-2: “pressurizing arrangement” draws corresponding structure to the following recitation of the present disclosure, “wherein the pressurizing arrangement comprises at least one heating element configured to apply heat, at least indirectly, to the interior of the boiling chamber (claim 51, lines 1-3)”, or equivalents.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 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 42-48, 53, 56, 59, and 61-62 are rejected under 35 U.S.C. 103 as being unpatentable over Song (KR 20200094594) hereinafter Song in view of Golden (US Patent No. 3,044,482), hereinafter Golden.
Regarding claim 42, Song discloses a cryogenic fluid delivery system for use with a cryogenic fluid tank (Fig. 2, cold air device 100, liquefied oxygen container 200), comprising:
a tank engaging member configured to be fixedly attached to said cryogenic fluid tank and to selectively allow cryogenic fluid flow out of said cryogenic fluid tank and into the system (Fig. 2, mounting unit 130; Pg. 6, paragraph 45-47, The mounting unit 130 is spaced a predetermined distance from the first separation unit 117 and may be disposed at a position corresponding to the height of the liquefied oxygen container 200 from the bottom of the first housing 110. The mounting unit 130 may be a liquid oxygen container 200 is coupled or separated. Since the mounting unit 130 is provided, the user can easily replace the liquefied oxygen container 200 in which all of the oxygen is consumed with the liquefied oxygen container 200 filled with liquid oxygen; Further, the mounting unit 130 of Song has the same structure as the claimed tank engaging member and is capable of functioning in the manner claimed),
an at least one dispensing member configured to dispense cryogenic fluid to an exterior of the cryogenic fluid delivery system (Fig. 2, second transfer pipe 170, oxygen discharge unit 172; Pg. 8, paragraphs 90-95, The second transfer pipe 170 defines an oxygen movement path from the connection part 140 disposed between the first separation part 117 and the second separation part 118 to the upper part of the second separation part 118. The second transport pipe 170 may include an oxygen discharge unit 172. The oxygen discharge unit 172 forms a passage through which oxygen transferred to the second transfer pipe 170 can be discharged. The oxygen discharge unit 172 may include at least one discharge hole 173. A plurality of discharge holes 173 may be formed at regular intervals to the second transfer pipe 170. Here, the periodic distance may mean that the plurality of discharge holes 173 are spaced at regular intervals and repeated more than a predetermined number of times. The first transport pipe 150 and the second transport pipe 170 together define an oxygen movement path between the oxygen supply unit and the oxygen discharge unit 172. Oxygen discharged from the liquefied oxygen container 200 moves the first transfer pipe 150 and the second transfer pipe 170 and can be changed from a liquid state to a gaseous state, most of which are first and second transport pipes 150 In the position where the cold air preservation device 160 contacts, the phase change will occur; Further, the second transfer pipe 170 and oxygen discharge unit 172 of Song have the same structure as the claimed one dispensing member and are capable of functioning in the manner claimed); and
a vaporizer module fluidly connected to said tank engaging member and to the at least one dispensing member, and comprising a boiling chamber having a liquid receiving portion configured to receive liquid cryogenic fluid and a gas releasing portion allowing the liquid cryogenic fluid positioned in the gas releasing portion to boil into a gaseous cryogenic fluid, and to facilitate delivery pf the gaseous cryogenic fluid, in an unpressurized manner, towards the at least one dispensing member (Fig. 2, cold air preservation device 160; Fig. 4, cold air preservation unit 162; See annotated Fig. 4 of Song below, each cold air preservation unit 162 has a liquid receiving portion A and a gas releasing portion B; Pg. 7, paragraph 59-60, The liquid or gaseous oxygen flowing through the first transfer pipe 150 may contact the cold air preservation device 160 to deliver cold air to the cold air preservation device 160. In other words, the first transfer pipe 150 may lower the temperature of the cold storage device 160 by receiving heat from the cold storage device 160. Oxygen flowing in the first transfer pipe 150 is preferably maintained in a liquid state until it reaches the cold air preservation device 160, but depending on the environment, some of the oxygen may be converted to gas. Therefore, it may be more desirable for the pipes defining the path of oxygen movement from the liquefied oxygen container 200 to the cold air preservation device 160 to be as short as possible or to include an insulating material), wherein the boiling chamber comprises:
a liquid receiving container constituting the liquid receiving portion, comprising a liquid cryogenic fluid inlet in fluid communication with the tank engaging member and a liquid outlet (See annotated Fig. 4 of Song below, a liquid receiving container is constituted by liquid receiving portion A and has inlets 166 and liquid outlets C);
a gas releasing container constituting the gas releasing portion, comprising a fluid inlet in fluid communication with the liquid outlet of the liquid receiving container and a gas outlet in fluid communication with the dispensing member (See annotated Fig. 4 of Song below, a gas releasing container is constituted by gas releasing portion B and has fluid inlets D in fluid communication with liquid outlets B and outlets 166 in communication with first transfer pipes 150 which connect to the second transfer pipe 170 and oxygen discharge unit 172).
However, Song does not disclose wherein the boiling chamber comprises:
a flow arresting member configured to selectively arrest the fluid communication between the liquid receiving container and the gas releasing container when a predetermined amount of liquid is contained within the gas releasing container.
Golden teaches wherein the boiling chamber comprises:
a flow arresting member configured to selectively arrest the fluid communication between the liquid receiving container and the gas releasing container when a predetermined amount of liquid is contained within the gas releasing container (Fig. 1, hollow float 32, tube 21, valve body 54, threaded plug 59; Col. 3, lines 4-29, In the event the amount of liquid supplied to the chamber 61 is excessive so that it is not all vaporized, the liquid level within the chamber 61 rises and eventually causes the float 32 to rise along the axis 22. The rising float, guided by the stem 36 and the rod 51, lifts the valve body 54 and at least partially throttles the flow of liquid into the vaporizing casing 13. If there is still an excessive inflow of liquid, the float 32 rises even farther and ultimately presses the valve disk 58 tightly against the valve seat 23, preventing any further influx of liquid into the chamber 61. As the float 32 rises· because liquid is entering the chamber 61 in an amount that might become excessive, it lifts the pointed end of the stem 36 farther into the central aperture in the plate 39 and so tends to throttle the gas discharge. The stem never completely throttles the gas flow but is effective to reduce the outflow. This also reduces the quantity of heat leaving the vaporizer through. the duct 16 and permits more of the heat from the burner and flowing through the casing wall to effect the vaporization of the excess liquid. Should the vaporization increase sufficiently under the throttling effect of the stem 36 to raise the casing interior pressure above that in the supply pipe 6, the previously closed or nearly closed valve disk 58 is unseated and some of the excess liquid is forced back through the supply pipe).
Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the system of Song of claim 42 to include a flow arresting member configured to selectively arrest the fluid communication between the liquid receiving container and the gas releasing container when a predetermined amount of liquid is contained within the gas dispensing tank, specifically, placing a flow arresting member in each of the cold air preservation units 162, which correspond to the boiling chambers of the claimed invention, as taught by Golden. One of ordinary skill in the art would have been motivated to make this modification to provide a suitable float control mechanism for a vaporizer which will afford close and accurate control of the liquid influx (Golden, Col. 1, lines 28-30).
PNG
media_image1.png
548
447
media_image1.png
Greyscale
Annotated Fig. 4 of Song
Regarding claim 43, Song as modified discloses the cryogenic fluid delivery system of claim 42 (see the combination of references used in the rejection of claim 42 above), wherein the flow arresting member comprises a float member located within the gas releasing container and a plug member located within the liquid receiving container and connected to said float member by a connecting element, wherein said plug member is configured with a shape suitable to plug the liquid outlet of the liquid receiving container (Golden, Fig. 1, hollow float 32, tube 21, valve body 54, threaded plug 59; Col. 3, lines 4-29, In the event the amount of liquid supplied to the chamber 61 is excessive so that it is not all vaporized, the liquid level within the chamber 61 rises and eventually causes the float 32 to rise along the axis 22. The rising float, guided by the stem 36 and the rod 51, lifts the valve body 54 and at least partially throttles the flow of liquid into the vaporizing casing 13. If there is still an excessive inflow of liquid, the float 32 rises even farther and ultimately presses the valve disk 58 tightly against the valve seat 23, preventing any further influx of liquid into the chamber 61. As the float 32 rises· because liquid is entering the chamber 61 in an amount that might become excessive, it lifts the pointed end of the stem 36 farther into the central aperture in the plate 39 and so tends to throttle the gas discharge. The stem never completely throttles the gas flow but is effective to reduce the outflow. This also reduces the quantity of heat leaving the vaporizer through. the duct 16 and permits more of the heat from the burner and flowing through the casing wall to effect the vaporization of the excess liquid. Should the vaporization increase sufficiently under the throttling effect of the stem 36 to raise the casing interior pressure above that in the supply pipe 6, the previously closed or nearly closed valve disk 58 is unseated and some of the excess liquid is forced back through the supply pipe; Further, the valve body 54 and threaded plug 59 of Golden have the same structure as the claimed plug member and are capable of functioning in the manner claimed). Further, the limitations of claim 43 are the result of the modification of references used in the rejection of claim 42 above.
Regarding claim 44, Song as modified discloses the cryogenic fluid delivery system of claim 43 (see the combination of references used in the rejection of claim 43 above), wherein the liquid receiving container is positioned adjacently below the gas releasing container and the liquid outlet of the liquid receiving container is positioned adjacently below the fluid inlet of the gas releasing container (See annotated Fig. 4 of Song depicts the liquid receiving container which is constituted by liquid receiving portion A to be positioned adjacently below the gas releasing container which is constituted by gas releasing portion B and the liquid outlet C of the liquid receiving container is positioned adjacently below the fluid inlet D of the gas releasing container).
PNG
media_image1.png
548
447
media_image1.png
Greyscale
Annotated Fig. 4 of Song
Regarding claim 45, Song as modified discloses the cryogenic fluid delivery system of claim 43 (see the combination of references used in the rejection of claim 43 above), wherein the float member is configured with dimensions and density sufficient to allow the float member to float on the cryogenic fluid of the type stored in the cryogenic fluid tank (Golden, Col. 3, lines 4-29, In the event the amount of liquid supplied to the chamber 61 is excessive so that it is not all vaporized, the liquid level within the chamber 61 rises and eventually causes the float 32 to rise along the axis 22. The rising float, guided by the stem 36 and the rod 51, lifts the valve body 54 and at least partially throttles the flow of liquid into the vaporizing casing 13. If there is still an excessive inflow of liquid, the float 32 rises even farther and ultimately presses the valve disk 58 tightly against the valve seat 23, preventing any further influx of liquid into the chamber 61. As the float 32 rises· because liquid is entering the chamber 61 in an amount that might become excessive, it lifts the pointed end of the stem 36 farther into the central aperture in the plate 39 and so tends to throttle the gas discharge. The stem never completely throttles the gas flow but is effective to reduce the outflow. This also reduces the quantity of heat leaving the vaporizer through. the duct 16 and permits more of the heat from the burner and flowing through the casing wall to effect the vaporization of the excess liquid. Should the vaporization increase sufficiently under the throttling effect of the stem 36 to raise the casing interior pressure above that in the supply pipe 6, the previously closed or nearly closed valve disk 58 is unseated and some of the excess liquid is forced back through the supply pipe; Further, the float 32 of Golden has the same structure as the claimed gloat member and is capable of functioning in the manner claimed). Further, the limitations of claim 45 are the result of the modification of references used in the rejection of claim 43 above.
Regarding claim 46, Song as modified discloses the cryogenic fluid delivery system of claim 43 (see the combination of references used in the rejection of claim 43 above), wherein the float member is configured to fit inside the gas releasing container (Fig. 1 of Golden depicts the float 32 to be configured to fit inside of the chamber 61, which corresponds to the gas releasing container as claimed). Further, the limitations of claim 46 are the result of the modification of references used in the rejection of claim 43 above.
Regarding claim 47, Song as modified discloses the cryogenic fluid delivery system of claim 42 (see the combination of references used in the rejection of claim 42 above), wherein the cryogenic fluid delivery system is exposed to ambient temperature (Song, Pg. 7, paragraph 60, Oxygen flowing in the first transfer pipe 150 is preferably maintained in a liquid state until it reaches the cold air preservation device 160, but depending on the environment, some of the oxygen may be converted to gas. Therefore, it may be more desirable for the pipes defining the path of oxygen movement from the liquefied oxygen container 200 to the cold air preservation device 160 to be as short as possible or to include an insulating material; Further, the teachings of Song at least imply the cryogenic fluid delivery system is exposed to ambient temperature since it has been held in considering the disclosure of a reference, it is proper to take into account not only specific teachings of the reference but also the inferences which one skilled in the art would reasonably be expected to draw therefrom (MPEP 2144.01)).
Regarding claim 48, Song as modified discloses the cryogenic fluid delivery system of claim 42 (see the combination of references used in the rejection of claim 42 above), wherein the cryogenic fluid delivery system is at least partly free of thermal insulation from the ambient (Song, Pg. 7, paragraph 60, Oxygen flowing in the first transfer pipe 150 is preferably maintained in a liquid state until it reaches the cold air preservation device 160, but depending on the environment, some of the oxygen may be converted to gas. Therefore, it may be more desirable for the pipes defining the path of oxygen movement from the liquefied oxygen container 200 to the cold air preservation device 160 to be as short as possible or to include an insulating material; Further, the teachings of Song at least imply the cryogenic fluid delivery system is at least partly free of thermal insulation from the ambient since it has been held in considering the disclosure of a reference, it is proper to take into account not only specific teachings of the reference but also the inferences which one skilled in the art would reasonably be expected to draw therefrom (MPEP 2144.01)).
Regarding claim 53, Song as modified discloses the cryogenic fluid delivery system of claim 42 (see the combination of references used in the rejection of claim 42 above), wherein the cryogenic fluid is a non-toxic cryogenic liquid (Song, Fig. 2, liquefied oxygen container 200).
Regarding claim 55, Song as modified discloses the cryogenic fluid delivery system of claim 42 (see the combination of references used in the rejection of claim 42 above), wherein the boiling chamber further comprises a safety arrangement configured to prevent liquid cryogenic fluid from leaving the system (The fittings, piping, and any welding or sealing of the cold air preservation unit 162 are interpreted herein to correspond to the claimed safety arrangement as best understood, see 112(b) rejections above).
Regarding claim 56, Song as modified discloses an air conditioning apparatus for use with a cryogenic fluid tank (Song, Fig. 2, cold air device 100, liquefied oxygen container 200), comprising a housing having a tank receiving portion at a bottom end of the housing configured to house the cryogenic fluid tank (Song, Fig. 1, first housing 110, opening/closing part 112), a hollow neck extending vertically upwards from said tank receiving portion and configured to house at least a portion of the vaporizer module of the cryogenic fluid delivery system of Claim 42 (see the combination of references used in the rejection of claim 42 above; Annotated Fig. 2 of Song below depicts cold air preservation device 160 to be housed in a hollow neck 110-N of first housing 110), and a dispensing portion at an upper portion of the housing configured to house the at least one dispensing member of said cryogenic fluid delivery system (See annotated Fig. 2 of Song below, dispensing portion 110-D houses second transfer pipe 170 and oxygen discharge unit 172).
PNG
media_image2.png
753
419
media_image2.png
Greyscale
Annotated Fig. 2 of Song
Regarding claim 59, Song as modified discloses the air conditioning apparatus of claim 56 (see the combination of references used in the rejection of claim 56 above).
However, Song as modified does not explicitly disclose wherein the dispensing portion is configured to be positioned, at least in operation of the apparatus, at a distance of 1-3 meters above the tank receiving portion.
Song as modified teaches the claimed invention except for disclose wherein the dispensing portion is configured to be positioned, at least in operation of the apparatus, at a distance of 1-3 meters above the tank receiving portion. It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include disclose wherein the dispensing portion is configured to be positioned, at least in operation of the apparatus, at a distance of 1-3 meters above the tank receiving portion, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges [ or optimum value ] involves only routine skill in the art. In re Aller, 105 USPQ 233. MPEP 2144.05-II-A. Furthermore, since applicants have not disclosed that these modifications solve any stated problem or are for any particular purpose and it appears that the device would perform equally well with either designs, these modifications are a matter of design choice. Absent a teaching as to criticality of the distance between the dispensing portion and the receiving portion, this particular arrangement is deemed to have been known by those skilled in the art since the instant specification and evidence of record fail to attribute any significance (novel or unexpected results) to a particular arrangement. In re Kuhle, 526 F.2d 553,555,188 USPQ 7, 9 (CCPA 1975). MPEP 2144.05.
Regarding claim 61, Song as modified discloses the air conditioning apparatus of claim 56 (see the combination of references used in the rejection of claim 56 above), wherein the air conditioning apparatus further comprises a cryogenic gas saving module configured to convey cold that is generated around the boiling chamber as a result of operation of the boiling chamber to the exterior of the housing, while arresting cryogenic fluid flow towards the boiling chamber (Song, Pg. 8, paragraph 90-98, The second transfer pipe 170 defines an oxygen movement path from the connection part 140 disposed between the first separation part 117 and the second separation part 118 to the upper part of the second separation part 118. The second transport pipe 170 may include an oxygen discharge unit 172. The oxygen discharge unit 172 forms a passage through which oxygen transferred to the second transfer pipe 170 can be discharged. The oxygen discharge unit 172 may include at least one discharge hole 173. A plurality of discharge holes 173 may be formed at regular intervals to the second transfer pipe 170. Here, the periodic distance may mean that the plurality of discharge holes 173 are spaced at regular intervals and repeated more than a predetermined number of times. The first transport pipe 150 and the second transport pipe 170 together define an oxygen movement path between the oxygen supply unit and the oxygen discharge unit 172. Oxygen discharged from the liquefied oxygen container 200 moves the first transfer pipe 150 and the second transfer pipe 170 and can be changed from a liquid state to a gaseous state, most of which are first and second transport pipes 150 In the position where the cold air preservation device 160 contacts, the phase change will occur. The blower 180 may be disposed on the second separation unit 118. The blower 180 may generate a flow of air that interferes with the cold air preservation device 160 and discharge it to the outside of the cold air device 100. Specifically, the blower 180 forms a negative pressure caused by discharging the air inside the cold air device 100 to the outside, thereby introducing the outside air through the air inlet 114. The introduced air is cooled by exchanging cold air with the cold air preservation device 160, and then rises through the air passage portion 116 and then mixes with the oxygen discharged from the oxygen discharge portion 172 to be discharged to the outside of the cold air device 100. Can be. The blower 180 may be coupled to the second separator 118 through the support 182).
Regarding claim 62, Song as modified discloses the cryogenic fluid delivery system of claim 42 (see the combination of references used in the rejection of claim 42 above), wherein the at least one dispensing member is configured to be held, at least in operation of the cryogenic fluid delivery system, at an elevated position relative to the tank engaging member (Fig. 2 of Song depicts the second transfer pipe 170 and the oxygen discharge unit 172, which correspond to the claimed at least one dispensing member to be at an elevated position relative to the mounting unit 130, which corresponds to the claimed tan engaging member and maintains this configuration regardless of the operation; Further, the second transfer pipe 170 and the oxygen discharge unit 172 have the same structure as the claimed at least one dispensing member and are capable of functioning in the manner claimed).
Claims 50-52 are rejected under 35 U.S.C. 103 as being unpatentable over Song as modified by Golden as applied to claim 42 above, and further in view of Luo et al. (CN 106322372), hereinafter Luo.
Regarding claim 50, Song as modified discloses the cryogenic fluid delivery system of claim 42 (see the combination of references used in the rejection of claim 42 above).
However, Song as modified does not disclose further comprising a pressurizing arrangement configured to controllably exert pressure on the cryogenic fluid within the boiling chamber.
Luo discloses a pressurizing arrangement configured to controllably exert pressure on the cryogenic fluid within the boiling chamber (Fig. 1, shell 1, heating element 4, heating element 5, heating element 8, pressure sensor 6, controller 7; Pg. 5, paragraph 30, The invention creates the operation process is as follows: when the liquid alcohol base fuel into the lower cavity 2, the controller 7 controls the heating element 4, or the heating element 4 and the heating element 5 heating the produced gas, along the upper part of the lower cavity 2 through the heating element 8 heating, completely gasifying the liquid fuel, and then directed into the gas fuel outlet tube 9 provided by the upper cavity 3 for the burning gas fuel. when the small fire burning, controller 7 control the heating element 4 to heat the heated liquid fuel, with small liquid droplet of gas passing through heating element 8, completely gasifying the liquid fuel when a fire heating element 4, 5 work at the same heating element, the gasification speed, then three 8 complete gasification, the gasification fuel needed by big fire through heating element; Further, the heating elements of Luo have the same structure as the claimed pressurizing arrangement and are capable of functioning in the manner claimed).
Song as modified fails to teach a pressurizing arrangement configured to controllably exert pressure on the cryogenic fluid within the boiling chamber, however Luo teaches that it is a known method in the art of fuel vaporizers to include a pressurizing arrangement configured to controllably exert pressure on the cryogenic fluid within the boiling chamber. This is strong evidence that modifying Song as modified as claimed would produce predictable results (i.e. boiling-rate control). 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 Song as modified by Luo 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 boiling-rate control.
Regarding claim 51, Song as modified discloses the cryogenic fluid delivery system of claim 50 (see the combination of references used in the rejection of claim 50 above), wherein the pressurizing arrangement comprises at least one heating element configured to apply heat, at least indirectly, to the interior of the boiling chamber, and a pressure sensor configured to measure gas pressure within the interior of the boiling chamber (Fig. 1, shell 1, heating element 4, heating element 5, heating element 8, pressure sensor 6, controller 7; Pg. 5, paragraph 30, The invention creates the operation process is as follows: when the liquid alcohol base fuel into the lower cavity 2, the controller 7 controls the heating element 4, or the heating element 4 and the heating element 5 heating the produced gas, along the upper part of the lower cavity 2 through the heating element 8 heating, completely gasifying the liquid fuel, and then directed into the gas fuel outlet tube 9 provided by the upper cavity 3 for the burning gas fuel. when the small fire burning, controller 7 control the heating element 4 to heat the heated liquid fuel, with small liquid droplet of gas passing through heating element 8, completely gasifying the liquid fuel when a fire heating element 4, 5 work at the same heating element, the gasification speed, then three 8 complete gasification, the gasification fuel needed by big fire through heating element; Further, the heating elements and pressure sensor of Luo have the same structure as the claimed pressurizing arrangement and pressure sensor and are capable of functioning in the manner claimed). Further, the limitations of claim 51 are the result of the modification of references used in the rejection of claim 50 above.
Regarding claim 52, Song as modified discloses the cryogenic fluid delivery system of claim 50 (see the combination of references used in the rejection of claim 50 above), wherein the pressurizing arrangement is configured to be connected to an independent power source (Fig. 1, shell 1, heating element 4, heating element 5, heating element 8, pressure sensor 6, controller 7; Further, the heating elements of Luo have the same structure as the claimed pressurizing arrangement and are capable of functioning in the manner claimed). Further, the limitations of claim 51 are the result of the modification of references used in the rejection of claim 50 above.
Claim 54 is rejected under 35 U.S.C. 103 as being unpatentable over Song as modified by Golden as applied to claim 53 above, and further in view of Garlov et al. (US Patent No. 6,345,509), hereinafter Garlov.
Regarding claim 54, Song as modified discloses the cryogenic fluid delivery system of claim 53 (see the combination of references used in the rejection of claim 53 above).
However, Song as modified does not disclose wherein the cryogenic fluid is liquid nitrogen or liquid air.
Garlov teaches wherein the cryogenic fluid is liquid nitrogen (Abstract, The atmosphere of a refrigeration space of a food transport vehicle is controlled by cooling the interior space to a preselected temperature by spraying liquid nitrogen within the space).
Song as modified fails to teach wherein the cryogenic fluid is liquid nitrogen, however Garlov teaches that it is a known method in the art of cryogenic fluid air conditioners to include wherein the cryogenic fluid is liquid nitrogen. This is strong evidence that modifying Song as modified as claimed would produce predictable results (i.e. conditioning a space). 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 Song by Garlov 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 conditioning a space.
Claims 57-58 are rejected under 35 U.S.C. 103 as being unpatentable over Song as modified by Golden as applied to claim 56 above, and further in view of Amazon.com: Natural Gas Patio Heater, hereinafter NPL-1.
Regarding claim 57, Song as modified discloses the air conditioning of claim 56 (see the combination of references used in the rejection of claim 56 above).
However, Song as modified does not disclose wherein the neck comprises an elongation mechanism operable to increase and decrease the length of the neck, and respectively, increase and decrease the distance between the tank receiving portion and the dispensing portion.
NPL-1, teaches a system for conditioning outdoor air wherein the neck comprises an elongation mechanism operable to increase and decrease the length of the neck, and respectively, increase and decrease the distance between the tank receiving portion and the dispensing portion (Pg. 1 of NPL-1 depicts the neck portion of the patio heater to be adjustable providing a minimum height of 55 in and a maximum height of 78.7 in which respectively increases and decreases a distance between the base and the dispensing portion).
Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the neck of the air conditioner of Song as modified to include an elongation mechanism operable to increase and decrease the length of the neck, and respectively, increase and decrease the distance between the tank receiving portion and the dispensing portion as taught by NPL-1. One of ordinary skill in the art would have been motivated to make this modification to allow for use of the air conditioner in spaces with different height limitations to improve overall system flexibility.
Regarding claim 58, Song as modified discloses the air conditioning of claim 56 (see the combination of references used in the rejection of claim 56 above).
However, Song as modified does not disclose wherein the hollow neck is narrower than the tank receiving portion and the dispensing potion.
NPL-1 teaches wherein the hollow neck is narrower than the tank receiving portion and the dispensing potion (Pg. 1 of NPL-1 depicts the neck portion of the patio heater to be narrower than the base portion, which corresponds to the tank receiving portion, and the dispensing portion).
Song as modified fails to teach wherein the hollow neck is narrower than the tank receiving portion and the dispensing potion, however NPL-1 teaches that it is a known method in the art of outdoor air conditioning to include wherein the hollow neck is narrower than the tank receiving portion and the dispensing potion. This is strong evidence that modifying Song as modified as claimed would produce predictable results (i.e. size and weight reduction). 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 Song as modified by NPL-1 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 size and weight reduction.
Claim 60 is rejected under 35 U.S.C. 103 as being unpatentable over Song as modified by Golden as applied to claim 56 above, and further in view of Keozierskl (WO 2014109653), hereinafter Keozierskl.
Regarding claim 60, Song as modified discloses the air conditioning of claim 56 (see the combination of references used in the rejection of claim 56 above).
However, Song as modified does not disclose wherein the apparatus further comprises a scale configured to measure the amount of the cryogenic fluid stored within the cryogenic fluid tank.
Keozierskl teaches wherein the apparatus further comprises a scale configured to measure the amount of the cryogenic fluid stored within the cryogenic fluid tank (Fig. 1, device 1, tensiometer sensor 8; Pg. 3, To the control panel 7 there are also connected other sensors of the device 1 for cryotherapy such as for example an tensiometer sensor that records current mass of the nitrogen reservoir 2 and as a consequence the current state of nitrogen in the reservoir 2).
Song as modified fails to teach wherein the apparatus further comprises a scale configured to measure the amount of the cryogenic fluid stored within the cryogenic fluid tank, however Keozierskl teaches that it is a known method in the art of cryogenic fluid delivery to include wherein the apparatus further comprises a scale configured to measure the amount of the cryogenic fluid stored within the cryogenic fluid tank. This is strong evidence that modifying Song as modified as claimed would produce predictable results (i.e. accurate indication of remaining cryogenic fluid). 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 Song as modified by Keozierskl 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 accurate indication of remaining cryogenic fluid.
Response to Arguments
Applicant's arguments filed February 26th, 2026 have been fully considered but they are not persuasive.
Applicant argues on Pg. 13-15 of the response, “In this regard, it is respectfully submitted that adding (arguendo) any flow arresting member to the unit 162 would not lead to arresting fluid communication of oxygen between a liquid receiving container and a gas releasing container. The Office Action relies on annotated Fig. 4 of Song, on page 17, to depict the alleged liquid receiving container and the gas releasing container as annotated portions A and B respectively. However, addition of a flow arresting member to any or all of the units 162 would not affect flow of oxygen between the portions A and B of the units 162. This is because, as described above with respect to Fig. 5 of Song, the oxygen flows in a dedicated pipe 150 that, though positioned to pass through the unit 162, is not in fluid communication with any component of the unit 162. As a result, addition of a flow arresting member to the unit 162 would not affect flow of oxygen in the dedicated pipe 150. Independent Claim 42 specifies that the boiling chamber has (i) a liquid receiving container, (ii) a gas releasing chamber, and (iii) a flow arresting member to selectively arrest fluid communication between the liquid receiving container and a gas releasing container. The unit 162 (the alleged 'boiling chamber'), even if modified (arguendo) to add a flow arresting member, would not have a configuration as claimed, since such an added flow arresting member to the unit 162 would not selectively arrest flow of a liquid cryogenic fluid between the portions A and B. Moreover, a flow arresting member cannot be even added (arguendo) to the pipe 150, at least because it would not be obvious for one of ordinary skill as to how to incorporate the flow arresting member to the pipe 150. In particular, the pipe 150 is a continuous pipe with no specific containers or portions associated with liquid and gas phases of the oxygen. Also, the pipe 150 being positioned within the unit 162 leads to vaporization of the oxygen, however, there is no specific portion of the pipe 150 where such phase change takes place. Rather, the vaporization of oxygen would occur randomly throughout the length of the pipe 150 that is within the unit 162. Accordingly, it would not be obvious to one of ordinary skill as to how and where to add a flow arresting member to the pipe 150 so as to selectively arrest flow of oxygen between any liquid and gas containers associated with the oxygen in the pipe 150, since there would not be any particular liquid and gas container or portions of the pipe 150. In view of the above remarks, it is respectfully submitted that (i) addition of any flow arresting member (and much less the float arrangement of as described by Golden) to the unit 162 would not lead one of ordinary skill to arrive at the claimed "flow arresting member" and further, (ii) Song cannot be modified to incorporate any flow arresting member (from any prior art) to the pipe 150 for selective arresting of the cryogenic fluid in the pipe 150 between any liquid and gas containers/portions.” However, this argument is not persuasive as the cold air preservation unit 162 includes the first transfer pipe 150 as depicted in Fig. 5 of Song. Further, it would have been obvious to one of ordinary skill in the art that the transfer pipe 150 is the only component of the cold air preservation unit 162 that would be capable of accommodating the flow arresting member of Golden as modified as described herein for its intended purpose of selectively arresting the fluid communication between the liquid receiving container and the gas releasing container when a predetermined amount of liquid is contained within the gas dispensing tank. Moreover, 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, one having ordinary skill in the art would understand the purpose of the flow arresting member of Golden as modified as described herein would only function as intended by Golden if placed in a location within the first transfer pipe 150 where liquid phase is expected to be fully transitioned to the gas phase. The determination of this positioning is well within the ability of one having ordinary skill in the art to determine where phase transitions occur within the first transfer pipe 150 of the cold air preservation unit 162 (i.e., by using temperature measurements) in order to properly locate the flow arresting member of Golden as modified as described herein for its intended function. See the rejection of claim 42 above.
The rejection of independent claim 42 is maintained. The rejections of dependent claims 43-48, 50-54, and 56-62 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.
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 March 09th, 2026
/FRANTZ F JULES/Supervisory Patent Examiner, Art Unit 3763