DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Examiner Request
The applicant is requested to provide line numbers to each claim in all future claim submissions to aide in examination and communication with the applicant about claim recitations. The applicant is thanked for aiding examination.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim(s) 8-11 is/are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
In regard to claim 8, the recitation, “a heat exchanger configured for refrigerating an atmosphere in the storage region by direct or indirect thermal contact with a cryogenic refrigerant” is new matter for being inconsistent with the disclosure. The heat exchanger (3; spec. para. 25, 28) only provides indirect heat exchange with the recited atmosphere in the storage region (2) and there is no support for an indirect heat exchanger that provides direct heat exchange as included by the recitation scope.
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(s) 4-11 is/are 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 pre-AIA the applicant regards as the invention.
In regard to claims 4-7, see indefiniteness issues arising from the improper use of 112(f) language and failure of the description to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function.
Further in regard to claim 11, the recitation, “a heat exchanger configured for refrigerating an atmosphere in the storage region by direct or indirect thermal contact with a cryogenic refrigerant” is indefinite for being inconsistent with the disclosure. The heat exchanger (3; spec. para. 25, 28) only provides indirect heat exchange with the recited atmosphere in the storage region (2) and it is unclear what structure is required of the heat exchanger (3) to provide direct heat exchange as recited.
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.
Claim limitation “refrigerating apparatus” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The application uses the term but never defines what specific structure is sufficient to meet the term. Further, the application uses the term to describe “conventional” structure (pg. pub. para. 3) and therefore it is unclear what the corresponding structure includes and excludes. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph. For examination, the recited refrigerating apparatus is considered to include any structure that can provide cooling to the storage region using the refrigerant.
Claim limitation “adapter piece” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The application uses the term but never defines what specific structure is sufficient to meet the term and therefore it is unclear what the corresponding structure includes and excludes. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph. For examination, the adapter piece is interpreted to be any fluidic capable connection.
Claim limitation “filling station” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The application uses the term but never defines what specific structure is sufficient to meet the term and therefore it is unclear what the corresponding structure includes and excludes. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph. For examination, the filling station is interpreted as any structure capable of providing refrigerant to fill the refrigerating tank.
Claim limitation “connecting adapter” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The application uses the term but never defines what specific structure is sufficient to meet the term and therefore it is unclear what the corresponding structure includes and excludes. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph. For examination, the connecting adapter is interpreted to be any fluidic capable connection.
Claim limitation “regulating device” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The application uses the term but never defines what specific structure is sufficient to meet the term and therefore it is unclear what the corresponding structure includes and excludes. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph. For examination, the regulating device is interpreted to be any fluid control structure, such as a valve.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 4-11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Moon (US 2019/0248205). See the indefiniteness rejections and note that the prior art teaches the claimed features as far as can be interpreted.
In regard to claim 4, Moon teaches a refrigerated vehicle (airplane, para. 19) having:
a storage region (19, para. 18) intended to receive products (para. 2, perishable items) to be refrigerated;
a refrigerating apparatus (2) arranged in the storage region (19), the refrigerating apparatus (2) configured for refrigerating an atmosphere (air and space in 19) in the storage region (19) by indirect thermal contact (with 2) with a cryogenic refrigerant (para. 19, Liquid nitrogen); and
a refrigerant tank (1) intended to store the cryogenic refrigerant (para. 18), the refrigerant tank (2) in fluid communication with the refrigerating apparatus (2) via a pipeline (line to 2), wherein the refrigerating tank (1) comprises an adapter piece (see fluid connecting structure to each 1, hereafter connector-1) for connecting a filling nozzle (21) of a filling station (para. 19 airport) to the refrigerant tank (1); and
wherein the pipeline is equipped, in addition to the connection refrigerant tank (1), with a connecting adapter (23) for connection to a storage tank (22) of the filling station (airport), wherein the storage tank (22) is configured to storing the cryogenic refrigerant (liquid nitrogen, para. 19).
In regard to claim 5, Moon teaches a valve (24) configured for selectively disconnecting the refrigerant tank (1) from the pipeline (line to 2) (see fully capable of the function) is provided in terms of flow between the connecting adapter (23) and the refrigerating tank (1).
In regard to claim 6, Moon teaches a regulating device (17) configured to regulate drawing of the cryogenic refrigerant (liquid nitrogen) from the refrigerant tank (1) or from the storage tank (22) as a function of a predefined refrigeration temperature (para. 18) in the storage region (19).
In regard to claim 7, Moon teaches the refrigerated vehicle (air plane) is a road vehicle (fully capable of moving on a road - para. 19; see at airport airplane moves on pavement surface).
In regard to claim 8, Moon teaches a refrigerated vehicle (airplane, para. 19) having:
a storage region (19, para. 18) intended to receive products (para. 2, perishable items) to be refrigerated;
a heat exchanger (2) arranged in the storage region (19), the heat exchanger (2) configured for refrigerating an atmosphere (air and space in 19) in the storage region (19) by indirect thermal contact (with 2) with a cryogenic refrigerant (para. 19, Liquid nitrogen); and
a refrigerant tank (1) configured to store the cryogenic refrigerant (para. 18);
a pipeline (line to 2) providing fluid communication between the refrigerant tank (1) and the heat exchanger (2);
a first adapter (see fluid connecting structure to each 1, hereafter connector-1) on the refrigerant tank (1), the first adapter (connector-1) configured for connecting a filling nozzle (21) of a filling station (para. 19 airport) to the refrigerant tank (1); and
a second adapter (23) on the pipeline (line to 2) configured for connection to a storage tank (22) of the filling station (airport), the storage tank (22) being configured to store the cryogenic refrigerant (liquid nitrogen, para. 19).
In regard to claim 9, Moon teaches a disconnect valve (24) flow connected between the second adapter (23) and the refrigerant tank (1), wherein the disconnect valve (24) is configured for selectively disconnecting the refrigerant tank (1) from the pipeline (line to 2) (see fully capable of the function).
In regard to claim 10, Moon teaches a regulating valve (17) to regulate drawing of the cryogenic refrigerant (liquid nitrogen) from the refrigerant tank (1) as a function of a predefined refrigeration temperature (para. 18) in the storage region (19).
In regard to claim 11, Moon teaches the refrigerated vehicle (air plane) is a road vehicle (fully capable of moving on a road - para. 19; see at airport airplane moves on pavement surface).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claim(s) 4-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Allwood (EP 3147599) provided by the applicant on 12/18/2023 in view of Viegas (US 2004/0216469). See the indefiniteness rejections and note that the prior art teaches the claimed features as far as can be interpreted.
In regard to claim 4, Allwood teaches (see whole disclosure) a refrigerated vehicle (2; para. 2, 25, 40) having:
a storage region (4, para. 40) intended to receive products to be refrigerated (para. 40);
a refrigerating apparatus (at least 10) arranged in the storage region (4), the refrigerating apparatus (at least 10) configured for refrigerating an atmosphere in the storage region (4) by indirect thermal contact with a cryogenic refrigerant (liquefied gas, para. 29); and
a refrigerant tank (6) intended to store the cryogenic refrigerant (liquefied gas) and is in fluid communication with the refrigerating apparatus (at least 10) via a pipeline (8, 12), wherein the refrigerating tank (5) comprises an adapter piece (at least 24) for connecting a filling nozzle (para. 45 on hose 26) of a filling station (40, para. 46) to the refrigerating tank (5); the vehicle capable of connecting to a storage tank (42; para. 52, 53) of the filling station (40), the storage tank (42) is configured for storing the cryogenic refrigerant (para. 46).
Allwood does not explicitly teach a connecting adapter on the pipeline (8, 12) upstream of the refrigerating apparatus (at least 10) for connection to the storage tank (42) of the filling station (40) to provide direct flow of the cryogenic refrigerant from the storage tank (42) to at least a portion of the pipeline (8, 12) and then to the refrigerating apparatus (at least 10).
However, Viegas teaches it is well known to provide cryogenic refrigerant (para. 29) from a storage tank (20, 26) of a filling station (24) directly to refrigerated vehicles (18, 118) to provide cooling to storage regions (16, 116) while the vehicles (18, 118) are parked at loading docks and warehouses (para. 4) and explicitly teaches a connecting adapter (see at least part of 52) that is connected to provide direct flow of the cryogenic refrigerant from the storage tank (20, 26) to a portion of an entry pipeline (pipeline entering the heat exchangers 70) and then to a refrigerating apparatus (70). This provides the ability for the storage (20, 26) to maintain a cooling temperature in a number of vehicles while the vehicles are parked. Therefore it would have been obvious to those of ordinary skill in the art at the time the invention was made to modify Allwood with a connecting adapter on the pipeline (8, 12) upstream of the refrigerating apparatus (at least 10) for connection to the storage tank (42) of the filling station (40) to provide direct flow of the cryogenic refrigerant from the storage tank (42) to at least a portion of the pipeline (8, 12) and then to the refrigerating apparatus (at least 10) for the purpose of providing the ability to maintain a cooling temperature in the vehicles using a bulk tank of cryogenic liquid, while the vehicles are parked and thereby avoid the need to manage each refrigerant tank individually thereby providing easier control and management.
In regard to claim 5, Allwood teaches a valve (16) configured for selectively disconnecting the refrigerant tank (6) from the pipeline (8, 12) (see fully capable of the function) is provided in terms of flow between the connecting adapter (connection part of 52 - from Viegas) and the refrigerating tank (6) (see the modification above wherein the connecting adapter is provided on line 8 upstream of the refrigerating apparatus 10).
In regard to claim 6, Allwood teaches a regulating device (16, 18) to regulate drawing of the cryogenic refrigerant from the refrigerant tank (6) as a function of a predefined refrigeration temperature (para. 54, 51, 44) in the storage region (4).
In regard to claim 7, Allwood teaches the refrigerated vehicle (2) is a road vehicle (para. 49).
In regard to claim 8, Allwood teaches (see whole disclosure) a refrigerated vehicle (2; para. 2, 25, 40) having:
a storage region (4, para. 40) intended to receive products to be refrigerated (para. 40);
a heat exchanger (10) arranged in the storage region (4), the heat exchanger (10) configured for refrigerating an atmosphere in the storage region (4) by indirect thermal contact with a cryogenic refrigerant (liquefied gas, para. 29);
a refrigerant tank (6) intended to store the cryogenic refrigerant (liquefied gas);
a pipeline (8, 12) providing fluid communication between the refrigerating tank (6) and the heat exchanger (10),
a first adapter (24, 28) on the refrigerating tank (5), the first adapter (24, 28) for connecting a filling nozzle (para. 45 on hose 26) of a filling station (40, para. 46) to the refrigerating tank (5); and
the vehicle capable of connecting to a storage tank (42; para. 52, 53) of the filling station (40), the storage tank (42) is configured for storing the cryogenic refrigerant (para. 46).
Allwood does not explicitly teach a second adapter on the pipeline (8, 12) upstream of the heat exchanger (at least 10) for connection to the storage tank (42) of the filling station (40) to provide direct flow of the cryogenic refrigerant from the storage tank (42) to at least a portion of the pipeline (8, 12) and then to the heat exchanger (at least 10).
However, Viegas teaches it is well known to provide cryogenic refrigerant (para. 29) from a storage tank (20, 26) of a filling station (24) directly to refrigerated vehicles (18, 118) to provide cooling to storage regions (16, 116) while the vehicles (18, 118) are parked at loading docks and warehouses (para. 4) and explicitly teaches a second adapter (see at least part of 52) that is connected to provide direct flow of the cryogenic refrigerant from the storage tank (20, 26) to a portion of an entry pipeline (pipeline entering the heat exchangers 70) and then to a heat exchanger (70). This provides the ability for the storage (20, 26) to maintain a cooling temperature in a number of vehicles while the vehicles are parked. Therefore it would have been obvious to those of ordinary skill in the art at the time the invention was made to modify Allwood with a second adapter on the pipeline (8, 12) upstream of the heat exchanger (at least 10) for connection to the storage tank (42) of the filling station (40) to provide direct flow of the cryogenic refrigerant from the storage tank (42) to at least a portion of the pipeline (8, 12) and then to the heat exchanger (at least 10) for the purpose of providing the ability to maintain a cooling temperature in the vehicles using a bulk tank of cryogenic liquid, while the vehicles are parked and thereby avoid the need to manage each refrigerant tank individually thereby providing easier control and management.
In regard to claim 9, Allwood teaches a disconnect valve (16) configured for selectively disconnecting the refrigerant tank (6) from the pipeline (8, 12) (see fully capable of the function) is provided in terms of flow between the second adapter (connection part of 52 - from Viegas) and the refrigerating tank (6) (see the modification above wherein the second adapter is provided on line 8 upstream of the heat exchanger 10).
In regard to claim 10, Allwood teaches a regulating valve (18) configured to regulate drawing of the cryogenic refrigerant from the refrigerant tank (6) and from the storage tank (42) as a function of a predefined refrigeration temperature (para. 54, 51, 44) in the storage region (4).
In regard to claim 11, Allwood teaches the refrigerated vehicle (2) is a road vehicle (para. 49).
Claim(s) 4-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Allwood (EP 3147599) provided by the applicant on 12/18/2023 in view of Viegas (US 2004/0216469) and Moon (US 2019/0248205). See the indefiniteness rejections and note that the prior art teaches the claimed features as far as can be interpreted.
In regard to claim 4, Allwood teaches (see whole disclosure) a refrigerated vehicle (2; para. 2, 25, 40) having:
a storage region (4, para. 40) intended to receive products to be refrigerated (para. 40);
a refrigerating apparatus (at least 10) arranged in the storage region (4), the refrigerating apparatus (at least 10) configured for refrigerating an atmosphere in the storage region (4) by indirect thermal contact with a cryogenic refrigerant (liquefied gas, para. 29); and
a refrigerant tank (6) intended to store the cryogenic refrigerant (liquefied gas) and is in fluid communication with the refrigerating apparatus (at least 10) via a pipeline (8, 12), wherein the refrigerating tank (5) comprises an adapter piece (at least 24) for connecting a filling nozzle (para. 45 on hose 26) of a filling station (40, para. 46) to the refrigerating tank (5); the vehicle capable of connecting to a storage tank (42; para. 52, 53) of the filling station (40), the storage tank (42) is configured for storing the cryogenic refrigerant (para. 46).
Allwood does not explicitly teach a connecting adapter on the pipeline (8, 12) upstream of the refrigerating apparatus (at least 10) for connection to the storage tank (42) of the filling station (40) to provide direct flow of the cryogenic refrigerant from the storage tank (42) to at least a portion of the pipeline (8, 12) and then to the refrigerating apparatus (at least 10).
However, Viegas teaches it is well known to provide cryogenic refrigerant (para. 29) from a storage tank (20, 26) of a filling station (24) directly to refrigerated vehicles (18, 118) to provide cooling to storage regions (16, 116) while the vehicles (18, 118) are parked at loading docks and warehouses (para. 4) and explicitly teaches providing direct flow of the cryogenic refrigerant from the storage tank (20, 26) to a portion of an entry pipeline (pipeline entering the heat exchangers 70) and then to a refrigerating apparatus (70). This provides the ability for the storage (20, 26) to maintain a cooling temperature in a number of vehicles while the vehicles are parked.
In addition, Moon explicitly teaches a refrigerated vehicle (airplane, para. 19) having: a storage region (19, para. 18) intended to receive products (para. 2, perishable items) to be refrigerated; a refrigerating apparatus (2) arranged in the storage region (19), the refrigerating apparatus (2) configured for refrigerating an atmosphere (air and space in 19) in the storage region (19) by indirect thermal contact (with 2) with a cryogenic refrigerant (para. 19, Liquid nitrogen); and a refrigerant tank (1) intended to store the cryogenic refrigerant (para. 18), the refrigerant tank (2) in fluid communication with the refrigerating apparatus (2) via a pipeline (line to 2), wherein the refrigerating tank (1) comprises an adapter piece (see fluid connecting structure to each 1, hereafter connector-1) for connecting a filling nozzle (21) of a filling station (para. 19 airport) to the refrigerant tank (1); and wherein the pipeline (line to 2) is equipped, in addition to the connection refrigerant tank (1), with a connecting adapter (23) for connection to a storage tank (22) of the filling station (airport), wherein the storage tank (22) is configured to storing the cryogenic refrigerant (liquid nitrogen, para. 19). Further, Moon teaches a valve (24) configured for selectively disconnecting the refrigerant tank (1) from the pipeline (line to 2) (see fully capable of the function) is provided in terms of flow between the connecting adapter (23) and the refrigerating tank (1).
Therefore it would have been obvious to those of ordinary skill in the art at the time the invention was made to modify Allwood with a connecting adapter on the pipeline (8, 12) upstream of the refrigerating apparatus (at least 10) for connection to the storage tank (42) of the filling station (40) to provide direct flow of the cryogenic refrigerant from the storage tank (42) to at least a portion of the pipeline (8, 12) and then to the refrigerating apparatus (at least 10) for the purpose of providing the ability to maintain a cooling temperature in the vehicles using a bulk tank of cryogenic liquid, while the vehicles are parked and thereby avoid the need to manage each refrigerant tank individually thereby providing easier control and management and for the purpose of providing quick connection to the storage tank of the filling station.
In rehearsed regard to claim 5, Allwood teaches a valve (16) configured for selectively disconnecting the refrigerant tank (6) from the pipeline (8, 12) (see fully capable of the function) is provided in terms of flow between the connecting adapter (of Moon - 23) and the refrigerating tank (6) (see the modification above wherein the connecting adapter from Moon is provided on line 8 upstream of the refrigerating apparatus 10). In addition or in alternative, Moon teaches a valve (24) configured for selectively disconnecting the refrigerant tank (1) from the pipeline (line to 2) (see fully capable of the function) is provided in terms of flow between the connecting adapter (23) and the refrigerating tank (1), thereby providing the ability to isolate the refrigerating tank (1) and provide the cryogenic refrigerant from the storage tank of the filling station to the refrigerating apparatus providing all of the control advantages mentioned above.
In regard to claim 6, Allwood teaches a regulating device (18) to regulate drawing of the cryogenic refrigerant from the refrigerant tank (6) as a function of a predefined refrigeration temperature (para. 54, 51, 44) in the storage region (4).
In regard to claim 7, Allwood teaches the refrigerated vehicle (2) is a road vehicle (para. 49).
In regard to claim 8, Allwood teaches (see whole disclosure) a refrigerated vehicle (2; para. 2, 25, 40) having:
a storage region (4, para. 40) intended to receive products to be refrigerated (para. 40);
a heat exchanger (10) arranged in the storage region (4), the heat exchanger (10) configured for refrigerating an atmosphere in the storage region (4) by indirect thermal contact with a cryogenic refrigerant (liquefied gas, para. 29);
a refrigerant tank (6) intended to store the cryogenic refrigerant (liquefied gas);
a pipeline (8, 12) providing fluid communication between the refrigerating tank (6) and the heat exchanger (10),
a first adapter (24, 28) on the refrigerating tank (5), the first adapter (24, 28) for connecting a filling nozzle (para. 45 on hose 26) of a filling station (40, para. 46) to the refrigerating tank (5); and
the vehicle capable of connecting to a storage tank (42; para. 52, 53) of the filling station (40), the storage tank (42) is configured for storing the cryogenic refrigerant (para. 46).
Allwood does not explicitly teach a second adapter on the pipeline (8, 12) upstream of the refrigerating apparatus (at least 10) for connection to the storage tank (42) of the filling station (40) to provide direct flow of the cryogenic refrigerant from the storage tank (42) to at least a portion of the pipeline (8, 12) and then to the heat exchanger (at least 10).
However, Viegas teaches it is well known to provide cryogenic refrigerant (para. 29) from a storage tank (20, 26) of a filling station (24) directly to refrigerated vehicles (18, 118) to provide cooling to storage regions (16, 116) while the vehicles (18, 118) are parked at loading docks and warehouses (para. 4) and explicitly teaches providing direct flow of the cryogenic refrigerant from the storage tank (20, 26) to a portion of an entry pipeline (pipeline entering the heat exchangers 70) and then to a heat exchanger (70). This provides the ability for the storage (20, 26) to maintain a cooling temperature in a number of vehicles while the vehicles are parked.
In addition, Moon teaches a refrigerated vehicle (airplane, para. 19) having: a storage region (19, para. 18) intended to receive products (para. 2, perishable items) to be refrigerated; a heat exchanger (2) arranged in the storage region (19), the heat exchanger (2) configured for refrigerating an atmosphere (air and space in 19) in the storage region (19) by indirect thermal contact (with 2) with a cryogenic refrigerant (para. 19, Liquid nitrogen); and a refrigerant tank (1) configured to store the cryogenic refrigerant (para. 18); a pipeline (line to 2) providing fluid communication between the refrigerant tank (1) and the heat exchanger (2); a first adapter (see fluid connecting structure to each 1, hereafter connector-1) on the refrigerant tank (1), the first adapter (connector-1) configured for connecting a filling nozzle (21) of a filling station (para. 19 airport) to the refrigerant tank (1); and a second adapter (23) on the pipeline (line to 2) configured for connection to a storage tank (22) of the filling station (airport), the storage tank (22) being configured to store the cryogenic refrigerant (liquid nitrogen, para. 19). Further, Moon teaches a valve (24) configured for selectively disconnecting the refrigerant tank (1) from the pipeline (line to 2) (see fully capable of the function) is provided in terms of flow between the connecting adapter (23) and the refrigerating tank (1).
Therefore it would have been obvious to those of ordinary skill in the art at the time the invention was made to modify Allwood with a second adapter on the pipeline (8, 12) upstream of the heat exchanger (at least 10) for connection to the storage tank (42) of the filling station (40) to provide direct flow of the cryogenic refrigerant from the storage tank (42) to at least a portion of the pipeline (8, 12) and then to the heat exchanger (at least 10) for the purpose of providing the ability to maintain a cooling temperature in the vehicles using a bulk tank of cryogenic liquid, while the vehicles are parked and thereby avoid the need to manage each refrigerant tank individually thereby providing easier control and management and for the purpose of providing quick connection to the storage tank of the filling station.
In rehearsed regard to claim 9, Allwood teaches a disconnect valve (16) configured for selectively disconnecting the refrigerant tank (6) from the pipeline (8, 12) (see fully capable of the function) is provided in terms of flow between the second adapter (of Moon - 23) and the refrigerating tank (6) (see the modification above wherein the second adapter from Moon is provided on line 8 upstream of the refrigerating apparatus 10).
In addition or in alternative, Moon teaches a valve (24) configured for selectively disconnecting the refrigerant tank (1) from the pipeline (line to 2) (see fully capable of the function) is provided in terms of flow between the connecting adapter (23) and the refrigerating tank (1), thereby providing the ability to isolate the refrigerating tank (1) and provide the cryogenic refrigerant from the storage tank of the filling station to the refrigerating apparatus providing all of the control advantages mentioned above.
In regard to claim 10, Allwood teaches a regulating valve (18) configured to regulate drawing of the cryogenic refrigerant from the refrigerant tank (6) and from the storage tank (42) as a function of a predefined refrigeration temperature (para. 54, 51, 44) in the storage region (4).
In regard to claim 11, Allwood teaches the refrigerated vehicle (2) is a road vehicle (para. 49).
Claim(s) 4-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Allwood (EP 3147599) provided by the applicant on 12/18/2023 in view of Viegas (US 2004/0216469), Moon (US 2019/0248205) and further in view of Bragg (US 3946572). See the indefiniteness rejections and note that the prior art teaches the claimed features as far as can be interpreted.
In regard to claim 4, Allwood teaches (see whole disclosure) a refrigerated vehicle (2; para. 2, 25, 40) having:
a storage region (4, para. 40) intended to receive products to be refrigerated (para. 40);
a refrigerating apparatus (at least 10) arranged in the storage region (4), the refrigerating apparatus (at least 10) configured for refrigerating an atmosphere in the storage region (4) by indirect thermal contact with a cryogenic refrigerant (liquefied gas, para. 29); and
a refrigerant tank (6) intended to store the cryogenic refrigerant (liquefied gas) and is in fluid communication with the refrigerating apparatus (at least 10) via a pipeline (8, 12), wherein the refrigerating tank (5) comprises an adapter piece (at least 24) for connecting a filling nozzle (para. 45 on hose 26) of a filling station (40, para. 46) to the refrigerating tank (5); the vehicle capable of connecting to a storage tank (42; para. 52, 53) of the filling station (40), the storage tank (42) is configured for storing the cryogenic refrigerant (para. 46).
Allwood does not explicitly teach a connecting adapter on the pipeline (8, 12) upstream of the refrigerating apparatus (at least 10) for connection to the storage tank (42) of the filling station (40) to provide direct flow of the cryogenic refrigerant from the storage tank (42) to at least a portion of the pipeline (8, 12) and then to the refrigerating apparatus (at least 10).
However, Viegas teaches it is well known to provide cryogenic refrigerant (para. 29) from a storage tank (20, 26) of a filling station (24) directly to refrigerated vehicles (18, 118) to provide cooling to storage regions (16, 116) while the vehicles (18, 118) are parked at loading docks and warehouses (para. 4) and explicitly teaches providing direct flow of the cryogenic refrigerant from the storage tank (20, 26) to a portion of an entry pipeline (pipeline entering the heat exchangers 70) and then to a refrigerating apparatus (70). This provides the ability for the storage (20, 26) to maintain a cooling temperature in a number of vehicles while the vehicles are parked.
In addition, Moon explicitly teaches a refrigerated vehicle (airplane, para. 19) having: a storage region (19, para. 18) intended to receive products (para. 2, perishable items) to be refrigerated; a refrigerating apparatus (2) arranged in the storage region (19), the refrigerating apparatus (2) configured for refrigerating an atmosphere (air and space in 19) in the storage region (19) by indirect thermal contact (with 2) with a cryogenic refrigerant (para. 19, Liquid nitrogen); and a refrigerant tank (1) intended to store the cryogenic refrigerant (para. 18), the refrigerant tank (2) in fluid communication with the refrigerating apparatus (2) via a pipeline (line to 2), wherein the refrigerating tank (1) comprises an adapter piece (see fluid connecting structure to each 1, hereafter connector-1) for connecting a filling nozzle (21) of a filling station (para. 19 airport) to the refrigerant tank (1); and wherein the pipeline (line to 2) is equipped, in addition to the connection refrigerant tank (1), with a connecting adapter (23) for connection to a storage tank (22) of the filling station (airport), wherein the storage tank (22) is configured to storing the cryogenic refrigerant (liquid nitrogen, para. 19). Further, Moon teaches a valve (24) configured for selectively disconnecting the refrigerant tank (1) from the pipeline (line to 2) (see fully capable of the function) is provided in terms of flow between the connecting adapter (23) and the refrigerating tank (1).
Therefore it would have been obvious to those of ordinary skill in the art at the time the invention was made to modify Allwood with a connecting adapter on the pipeline (8, 12) upstream of the refrigerating apparatus (at least 10) for connection to the storage tank (42) of the filling station (40) to provide direct flow of the cryogenic refrigerant from the storage tank (42) to at least a portion of the pipeline (8, 12) and then to the refrigerating apparatus (at least 10) for the purpose of providing the ability to maintain a cooling temperature in the vehicles using a bulk tank of cryogenic liquid, while the vehicles are parked and thereby avoid the need to manage each refrigerant tank individually thereby providing easier control and management and for the purpose of providing quick connection to the storage tank of the filling station.
However, supposing that Moon is not relied upon for showing the adapter piece or the connection adapter, for any reason not discerned at present. It is noted that it is routine and ordinary to provide quick connection structures for storage tanks, as taught by Bragg. Bragg teaches quick connections (at least 78, 80) to provide fast and efficient connection and disconnection between a filling nozzle (50; column 3, line 10-15) of a filling station (10) to a refrigerant tank (73). Therefore it would have been obvious to those of ordinary skill in the art at the time the invention was made to modify the identified adapter and connection adapter, at the locations identified in Moon, to be provided with the quick connections taught by Bragg, for the purpose of providing efficient connection and disconnection at the locations of the adapter piece and the connection adapter.
In rehearsed regard to claim 5, Allwood teaches a valve (16) configured for selectively disconnecting the refrigerant tank (6) from the pipeline (8, 12) (see fully capable of the function) is provided in terms of flow between the connecting adapter (of Moon - 23) and the refrigerating tank (6) (see the modification above wherein the connecting adapter from Moon is provided on line 8 upstream of the refrigerating apparatus 10).
In addition or in alternative, Moon teaches a valve (24) configured for selectively disconnecting the refrigerant tank (1) from the pipeline (line to 2) (see fully capable of the function) is provided in terms of flow between the connecting adapter (23, or quick adapter of Bragg) and the refrigerating tank (1), thereby providing the ability to isolate the refrigerating tank (1) and provide the cryogenic refrigerant from the storage tank of the filling station to the refrigerating apparatus providing all of the control advantages mentioned above.
In regard to claim 6, Allwood teaches a regulating device (18) to regulate drawing of the cryogenic refrigerant from the refrigerant tank (6) as a function of a predefined refrigeration temperature (para. 54, 51, 44) in the storage region (4).
In regard to claim 7, Allwood teaches the refrigerated vehicle (2) is a road vehicle (para. 49).
In regard to claim 8, Allwood teaches (see whole disclosure) a refrigerated vehicle (2; para. 2, 25, 40) having:
a storage region (4, para. 40) intended to receive products to be refrigerated (para. 40);
a heat exchanger (10) arranged in the storage region (4), the heat exchanger (10) configured for refrigerating an atmosphere in the storage region (4) by indirect thermal contact with a cryogenic refrigerant (liquefied gas, para. 29);
a refrigerant tank (6) intended to store the cryogenic refrigerant (liquefied gas);
a pipeline (8, 12) providing fluid communication between the refrigerating tank (6) and the heat exchanger (10),
a first adapter (24, 28) on the refrigerating tank (5), the first adapter (24, 28) for connecting a filling nozzle (para. 45 on hose 26) of a filling station (40, para. 46) to the refrigerating tank (5); and
the vehicle capable of connecting to a storage tank (42; para. 52, 53) of the filling station (40), the storage tank (42) is configured for storing the cryogenic refrigerant (para. 46).
Allwood does not explicitly teach a second adapter on the pipeline (8, 12) upstream of the refrigerating apparatus (at least 10) for connection to the storage tank (42) of the filling station (40) to provide direct flow of the cryogenic refrigerant from the storage tank (42) to at least a portion of the pipeline (8, 12) and then to the heat exchanger (at least 10).
However, Viegas teaches it is well known to provide cryogenic refrigerant (para. 29) from a storage tank (20, 26) of a filling station (24) directly to refrigerated vehicles (18, 118) to provide cooling to storage regions (16, 116) while the vehicles (18, 118) are parked at loading docks and warehouses (para. 4) and explicitly teaches providing direct flow of the cryogenic refrigerant from the storage tank (20, 26) to a portion of an entry pipeline (pipeline entering the heat exchangers 70) and then to a heat exchanger (70). This provides the ability for the storage (20, 26) to maintain a cooling temperature in a number of vehicles while the vehicles are parked.
In addition, Moon teaches a refrigerated vehicle (airplane, para. 19) having: a storage region (19, para. 18) intended to receive products (para. 2, perishable items) to be refrigerated; a heat exchanger (2) arranged in the storage region (19), the heat exchanger (2) configured for refrigerating an atmosphere (air and space in 19) in the storage region (19) by indirect thermal contact (with 2) with a cryogenic refrigerant (para. 19, Liquid nitrogen); and a refrigerant tank (1) configured to store the cryogenic refrigerant (para. 18); a pipeline (line to 2) providing fluid communication between the refrigerant tank (1) and the heat exchanger (2); a first adapter (see fluid connecting structure to each 1, hereafter connector-1) on the refrigerant tank (1), the first adapter (connector-1) configured for connecting a filling nozzle (21) of a filling station (para. 19 airport) to the refrigerant tank (1); and a second adapter (23) on the pipeline (line to 2) configured for connection to a storage tank (22) of the filling station (airport), the storage tank (22) being configured to store the cryogenic refrigerant (liquid nitrogen, para. 19). Further, Moon teaches a valve (24) configured for selectively disconnecting the refrigerant tank (1) from the pipeline (line to 2) (see fully capable of the function) is provided in terms of flow between the connecting adapter (23) and the refrigerating tank (1).
Therefore it would have been obvious to those of ordinary skill in the art at the time the invention was made to modify Allwood with a second adapter on the pipeline (8, 12) upstream of the heat exchanger (at least 10) for connection to the storage tank (42) of the filling station (40) to provide direct flow of the cryogenic refrigerant from the storage tank (42) to at least a portion of the pipeline (8, 12) and then to the heat exchanger (at least 10) for the purpose of providing the ability to maintain a cooling temperature in the vehicles using a bulk tank of cryogenic liquid, while the vehicles are parked and thereby avoid the need to manage each refrigerant tank individually thereby providing easier control and management and for the purpose of providing quick connection to the storage tank of the filling station.
However, supposing that Moon is not relied upon for the first adapter or the second adapter, for any reason not discerned at present. It is noted that it is routine and ordinary to provide connection structures for storage tanks, as taught by Bragg. Bragg teaches quick connections (at least 78, 80) to provide fast and efficient connection and disconnection between a filling nozzle (50; column 3, line 10-15) of a filling station (10) to a refrigerant tank (73). Therefore it would have been obvious to those of ordinary skill in the art at the time the invention was made to modify Allwood with a first adapter and second adapter of Bragg in the locations identified in Moon for the purpose of providing fast and efficient connection and disconnection structure at the identified locations.
In rehearsed regard to claim 9, Allwood teaches a disconnect valve (16) configured for selectively disconnecting the refrigerant tank (6) from the pipeline (8, 12) (see fully capable of the function) is provided in terms of flow between the second adapter (per teachings of Moon and Bragg) and the refrigerating tank (6) (see the modification above wherein the second adapter from Bragg is provided on line 8 upstream of the heat exchanger 10 as suggested by Moon).
In addition or in alternative, Moon teaches a valve (24) configured for selectively disconnecting the refrigerant tank (1) from the pipeline (line to 2) (see fully capable of the function) is provided in terms of flow between the second adapter (23, or modified quick connector from Bragg) and the refrigerating tank (1), thereby providing the ability to isolate the refrigerating tank (1) and provide the cryogenic refrigerant from the storage tank of the filling station to the refrigerating apparatus providing all of the control advantages mentioned above.
In regard to claim 10, Allwood teaches a regulating valve (18) configured to regulate drawing of the cryogenic refrigerant from the refrigerant tank (6) and from the storage tank (42) as a function of a predefined refrigeration temperature (para. 54, 51, 44) in the storage region (4).
In regard to claim 11, Allwood teaches the refrigerated vehicle (2) is a road vehicle (para. 49).
Claim(s) 4-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Moon (US 2019/0248205) in view of Bragg (US 3946572). See the indefiniteness rejections and note that the prior art teaches the claimed features as far as can be interpreted.
In regard to claim 4, Moon teaches a refrigerated vehicle (airplane, para. 19) having:
a storage region (19, para. 18) intended to receive products (para. 2, perishable items) to be refrigerated;
a refrigerating apparatus (2) arranged in the storage region (19), the refrigerating apparatus (2) configured for refrigerating an atmosphere (air and space in 19) in the storage region (19) by indirect thermal contact (with 2) with a cryogenic refrigerant (para. 19, Liquid nitrogen); and
a refrigerant tank (1) intended to store the cryogenic refrigerant (para. 18), the refrigerant tank (2) in fluid communication with the refrigerating apparatus (2) via a pipeline (line to 2), wherein the refrigerating tank (1) comprises an adapter piece (see fluid connecting structure to each 1, hereafter connector-1) for connecting a filling nozzle (21) of a filling station (para. 19 airport) to the refrigerant tank (1); and
wherein the pipeline (line to 2) is equipped, in addition to the connection refrigerant tank (1), with a connecting adapter (23) for connection to a storage tank (22) of the filling station (airport), wherein the storage tank (22) is configured to storing the cryogenic refrigerant (liquid nitrogen, para. 19).
However, supposing that Moon is not relied upon for the adapter piece or the connection adapter, for any reason not discerned at present. It is noted that it is routine and ordinary to provide connection structures for storage tanks, as taught by Bragg. Bragg teaches quick connections (at least 78, 80) to provide fast and efficient connection and disconnection between a filling nozzle (50; column 3, line 10-15) of a filling station (10) to a refrigerant tank (73). Therefore it would have been obvious to those of ordinary skill in the art at the time the invention was made to modify the identified adapter and connection adapter of Moon to be provided with the quick connections taught by Bragg for the purpose of providing efficient connection and disconnection of the at the locations of the adapter piece and the connection adapter.
In regard to claim 5, Moon teaches a valve (24) configured for selectively disconnecting the refrigerant tank (1) from the pipeline (line to 2) (see fully capable of the function) is provided in terms of flow between the connecting adapter (23) and the refrigerating tank (1).
In regard to claim 6, Moon teaches a regulating device (17) configured to regulate drawing of the cryogenic refrigerant (liquid nitrogen) from the refrigerant tank (1) or from the storage tank (22) as a function of a predefined refrigeration temperature (para. 18) in the storage region (19).
In regard to claim 7, Moon teaches the refrigerated vehicle (air plane) is a road vehicle (fully capable of moving on a road - para. 19; see at airport airplane moves on pavement surface).
In regard to claim 8, Moon teaches a refrigerated vehicle (airplane, para. 19) having:
a storage region (19, para. 18) intended to receive products (para. 2, perishable items) to be refrigerated;
a heat exchanger (2) arranged in the storage region (19), the heat exchanger (2) configured for refrigerating an atmosphere (air and space in 19) in the storage region (19) by indirect thermal contact (with 2) with a cryogenic refrigerant (para. 19, Liquid nitrogen); and
a refrigerant tank (1) configured to store the cryogenic refrigerant (para. 18);
a pipeline (line to 2) providing fluid communication between the refrigerant tank (1) and the heat exchanger (2);
a first adapter (see fluid connecting structure to each 1, hereafter connector-1) on the refrigerant tank (1), the first adapter (connector-1) configured for connecting a filling nozzle (21) of a filling station (para. 19 airport) to the refrigerant tank (1); and
a second adapter (23) on the pipeline (line to 2) configured for connection to a storage tank (22) of the filling station (airport), the storage tank (22) being configured to store the cryogenic refrigerant (liquid nitrogen, para. 19).
However, supposing that Moon is not relied upon for the first adapter or the second adapter, for any reason not discerned at present. It is noted that it is routine and ordinary to provide connection structures for storage tanks, as taught by Bragg. Bragg teaches quick connections (at least 78, 80) to provide fast and efficient connection and disconnection between a filling nozzle (50; column 3, line 10-15) of a filling station (10) to a refrigerant tank (73). Therefore it would have been obvious to those of ordinary skill in the art at the time the invention was made to modify the first adapter and the second adapter of Moon to be provided with the quick connections as taught by Bragg for the purpose of providing efficient connection and disconnection of the at the locations of the first adapter and the second adapter.
In regard to claim 9, Moon teaches a disconnect valve (24) flow connected between the second adapter (23) and the refrigerant tank (1), wherein the disconnect valve (24) is configured for selectively disconnecting the refrigerant tank (1) from the pipeline (line to 2) (see fully capable of the function).
In regard to claim 10, Moon teaches a regulating valve (17) to regulate drawing of the cryogenic refrigerant (liquid nitrogen) from the refrigerant tank (1) as a function of a predefined refrigeration temperature (para. 18) in the storage region (19).
In regard to claim 11, Moon teaches the refrigerated vehicle (air plane) is a road vehicle (fully capable of moving on a road - para. 19; see at airport airplane moves on pavement surface).
Response to Arguments
Applicant's arguments filed 12/16/2026 have been fully considered but they are not persuasive.
Applicant's arguments (page 6) are an allegation that those of ordinary skill in the art would understand that “refrigerating apparatus is an apparatus which is configured to provide refrigeration to a designated area”.
In response, the allegation is unpersuasive for entirely failing to respond to the position of the rejection. The rejection has shown that the claim language invokes 112(f) / 112(6th) and the disclosure fails to define the necessary and sufficient structure to perform the function and therefore one is left to guess at the structure required. It is not the position of the rejection that those of ordinary skill in the art don’t know what the English words “refrigerating” and “apparatus” mean, rather the claim language mis-uses means plus function claim formatting.
Applicant's arguments (page 7) are an allegation that a function of the disclosed “adapter piece” is described in the specification.
In response, the allegation is unpersuasive for entirely failing to respond to the position of the rejection. The rejection has shown that the claim language invokes 112(f) / 112(6th) and the disclosure fails to define the necessary and sufficient structure to perform the function and therefore one is left to guess at the structure required. Merely describing some functions of the identified “piece” is insufficient. Further, the applicant’s description is further evidence that the structure is not defined as the only function described is what other structures may be connected thereto, which again is already defined by the other claim recitations.
Applicant's arguments (page 7) are an allegation “filling station” would be well known to the those of ordinary skill in the art; followed by descriptions of functions of a filling station.
In response, the allegation is unpersuasive for entirely failing to identify the structure required. The recitation invokes 112(f)/112(6th) paragraph and therefore requires definition in the specification. The fact that the terminology is used to describe different structures in the prior art is not evidence against the present rejection. If the applicant desires to not invoke 112(f)/112(6th) the applicant should amend the claims as directed above in the claim interpretation section.
Applicant's arguments (page 8) are an allegation that at least a function of the disclosed “connecting adapter” is described in the specification.
In response, the allegation is unpersuasive for entirely failing to respond to the position of the rejection. The rejection has shown that the claim language invokes 112(f) / 112(6th) and the disclosure fails to define the necessary and sufficient structure to perform the function and therefore one is left to guess at the structure required. Merely describing some functions of the identified “connecting adapter” is insufficient. Further, the applicant’s description is further evidence that the structure is not defined as the adapter is only defined by the function of connecting to other structures and the specification fails to define what structure is necessary and sufficient.
Applicant's arguments (page 8) are an allegation that the recitation of “means for disconnecting” has been amended to “valve”.
In response, this appears acceptable.
Applicant's arguments (page 8) are an allegation that a function of the disclosed “regulating device” would be understood.
In response, the allegation is unpersuasive for entirely failing to respond to the position of the rejection. The rejection has shown that the claim language invokes 112(f) / 112(6th) and the disclosure fails to define the necessary and sufficient structure to perform the function and therefore one is left to guess at the structure required. It is not the position of the rejection that those of ordinary skill in the art don’t know what the English words “regulating” and “device” mean, rather the claim language mis-uses means plus function claim formatting.
Applicant's arguments (page 12-13) are an allegation that the prior art does not teach a “connecting adapter” as claimed.
In response, the allegation is unpersuasive as the term is indefinite for the reasons provided above and the prior art fully teaches the recitation as interpreted in the claim interpretation section.
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 JOHN F PETTITT whose telephone number is (571) 272-0771. The examiner can normally be reached on M-F, 9-5p. 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): http://www.uspto.gov/interviewpractice. The examiner’s supervisor, Frantz Jules can be reached on 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 an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JOHN F PETTITT, III/Primary Examiner, Art Unit 3763