DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 4/03/2026 has been entered.
Status of the Application
This action is responsive to the amendment dated 4/03/2026. Claims 1, 3-11 remain pending. Claims 1, 3-5, 7 and 9 have been amended. The applicant’s amendment has necessitated the new ground(s) of rejection below.
Response to Remarks
Applicant's amendment to recite wherein the one or more openings are provided in a bottom of the extraction chamber proximate the bottom of the tank and facing a bottom wall of the tank so that liquid hydrogen passes from the tank, through the one or more openings, and into the extraction chamber has overcome the rejection of record. However, a new ground(s) of rejection is applied to the claims below. As such, applicant's arguments with respect to the 102 rejection over Kaye have not been found persuasive. A new interpretation of Kaye as stated below in the 102 rejection teaches each and every limitation including wherein the one or more openings are provided in a bottom of the extraction chamber proximate the bottom of the tank and facing a bottom wall of the tank so that liquid hydrogen passes from the tank, through the one or more openings, and into the extraction chamber.
Claim Rejections - 35 USC § 102
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1 and 4-6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kaye et al. (US 2006/0014070, hereafter “Kaye”).
Regarding claim 1, Kaye discloses a hydrogen supply unit for an aircraft, comprising: a tank (16; Fig. 2A) configured to store liquid hydrogen, an extraction chamber (the chamber within 100) provided in the tank and comprising one or more openings (the opening to the fuel line connected to 104) for extracting the liquid hydrogen from the tank through the extraction chamber, at least one line (25, 27, 29) connected to the extraction chamber and configured for supplying the liquid hydrogen to a consumer of the aircraft, and at least one pump connected to the at least one line (para. [0031]), wherein the extraction chamber is provided in an interior of the tank and mounted proximate on or near a bottom of the tank (the portion of the tank wherein the opening is positioned), and wherein the one or more openings are provided in a bottom of the extraction chamber proximate the bottom of the tank (Fig. 2A; see how the bottom is being interpreted as the portion around where the opening is positioned) and facing a bottom wall of the tank so that liquid hydrogen passes from the tank, through the one or more openings, and into the extraction chamber (as shown in Fig. 2A, the bottom wall in the tank is adjacent to 104 so that at least a portion of 104 faces the bottom wall).
Regarding claim 4, Kaye further discloses the hydrogen supply unit according to claim 1, wherein the extraction chamber comprises two or more extraction chambers, wherein a first extraction chamber of the two or more extraction chambers is located in a rear section of the tank, and a second extraction chamber of the two or more extraction chambers is located in a front section of the tank; or wherein the extraction chamber is mounted at or proximate a ceiling of the tank (as shown in Fig. 2a; the extraction chamber is mounted proximate to a ceiling of the tank); or at least a pair of extraction chambers is mounted at or proximate a ceiling of the tank, one of the extraction chambers of the pair of extraction chambers located in a rear section of the tank and the other of the extraction chambers of the pair of extraction chambers located in a front section of the tank; or any combination thereof.
Regarding claim 5, Kaye further discloses the hydrogen supply unit according to claim 1, wherein the at least one line extends from the extraction chamber through an aft outlet (the outlet at 104) provided in a rear section or end of the tank (Fig. 2A), or through a forward outlet provided in a front section or end of the tank, or both; and or exclusively through an aft outlet provided in a rear section or end of the tank; or exclusively through a forward outlet provided in a front section or end of the tank; or any combination thereof.
Regarding claim 6, Kaye further discloses the hydrogen supply unit according to claim 5, wherein the at least one pump (para. [0031]) is positioned in the aircraft (note that the aircraft is not positively recited): below, or behind, or below and behind the aft outlet of the tank; or below, or in front, or below and in front of the forward outlet of the tank; or any combination thereof. (the pump is necessarily positioned in at least one of these positions)
Claim(s) 1, 7, 9 and 10 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Minas et al. (US 2024/0151358, hereafter “Minas”).
Regarding claim 1, Minas discloses a hydrogen supply unit for an aircraft, comprising: a tank (324) configured to store liquid hydrogen, an extraction chamber (401) provided in the tank and comprising one or more openings (the openings leading into 422, 424, 426, 428) for extracting the liquid hydrogen from the tank through the extraction chamber (para. [0120]), at least one line (422, 424, 426, 428) connected to the extraction chamber and configured for supplying the liquid hydrogen to a consumer (140) of the aircraft (para. [0120]), and at least one pump connected to the at least one line (para. [0138], [0263] – [0269]; Figs. 25-34), wherein the extraction chamber is provided in an interior of the tank (Fig. 4) and mounted proximate on or near a bottom of the tank (as shown in Fig. 4, see how at least a portion of 401 is proximate to a bottom of the tank), and wherein one or more openings are provided in a bottom of the extraction chamber proximate the bottom of the tank (Fig. 4; see how at least the opening leading into 422 is provided in the bottom of the extraction chamber) and facing a bottom wall of the tank so that liquid hydrogen passes from the tank, through the one or more openings, and into the extraction chamber. (Fig. 4)
Regarding claim 7, Minas discloses a method of supplying liquid hydrogen in an aircraft, comprising the steps: extracting liquid hydrogen from a tank (324) of an aircraft (Fig. 1) through at least one extraction chamber (401) provided in the tank and attached to an inner wall (the inner wall of 324) of the tank (para. [0097]; Fig. 4), and, supplying the liquid hydrogen from the at least one extraction chamber to a consumer (140) of the aircraft (para. [0097]), wherein the at least one extraction chamber is provided in an interior of the tank and mounted proximate on or near a bottom of the tank (Fig. 4), and wherein one or more openings are provided in a bottom of the at least one extraction chamber proximate the bottom of the tank and facing a bottom wall of the tank so that liquid hydrogen passes from the tank, through the one or more openings, and into the extraction chamber. (Fig. 4)
Regarding claim 9, Minas further discloses the method according to claim 7, wherein a hydrogen supply unit (900) is provided for extracting liquid hydrogen, wherein the hydrogen supply unit comprises at least one line (422, 424, 426, 428; Figs. 4 and 9) connected to the at least one extraction chamber and configured for supplying the liquid hydrogen to the consumer of the aircraft (para. [0151] – [0158]), and at least one pump connected to the at least one line (para. [0138], [0263] – [0269]; Figs. 25-34).
Regarding claim 10, Minas further discloses an aircraft comprising: the hydrogen supply unit according to claim 1. (Fig. 1)
Allowable Subject Matter
Claim 11 is allowed.
Claims 3 and 8 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAUL J GRAY whose telephone number is (571)270-0544. The examiner can normally be reached 9:00 am - 5:00 pm, Monday - Friday.
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/PAUL J GRAY/Primary Examiner, Art Unit 3753
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