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 .
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.
Claim(s) 1 and 9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Duong et al. (US 2010/0180607).
In Reference to Claim 1
(See Duong, Figures 1, and 3-9 & Figure 2 as annotated by Examiner below)
Duong et al. (Duong) discloses:
A hydrogen fueling station including a cryogenic pump, the cryogenic pump comprising:
a cold end portion base plate (A);
a cylindrical insulated vacuum jacket (12) attached to the cold end portion base plate (A) and extending away from the cold end portion base plate (A) (See Duong, Paragraph [0024] w/respect to Dewar assembly);
a first hydrogen pump cylinder (28,B) positioned within the cylindrical insulated vacuum jacket (12);
a second hydrogen pump cylinder (28,C) positioned within the cylindrical insulated vacuum jacket (12), the second hydrogen pump cylinder (28,C) oriented parallel to the first hydrogen pump cylinder (28,B);
a first hydraulic cylinder (18,D) positioned outside of the cylindrical insulated vacuum jacket (12) and aligned with the first hydrogen pump cylinder (28,B), the cold end portion base plate (A) positioned between the first hydraulic cylinder (18,D) and the first hydrogen pump cylinder (28,B) (See Duong, Paragraphs [0024] & [0029] w/respect to hydraulic linear actuators and said actuators will include a cylinder); and
a second hydraulic cylinder (18,E) located outside of the cylindrical insulated vacuum jacket (12) and adjacent to, and oriented parallel to, the first hydraulic cylinder (18,D) and aligned with the second hydrogen pump cylinder (28,C), the cold end portion base plate (A) positioned between the second hydraulic cylinder (18,E) and the second hydrogen pump cylinder (28,C). (See Duong, Paragraphs [0024] & [0029] w/respect to hydraulic linear actuators and said actuators will include a cylinder).
The Examiner notes that a Dewar storage tank is a well-known cryogenic vacuum jacket insulated storage tank. Additionally, the Examiner notes that the claim recitations merely require the baseplate (A) between positioned between hydrogen pump cylinder (28,B-C) and hydraulic cylinder (18,D-E), accordingly baseplate (A) is positioned between the elements in the vertical direction. Finally, the cold end portion base plate is attached to the vacuum insulated jacket via the other components of the pump assembly.
PNG
media_image1.png
938
700
media_image1.png
Greyscale
In Reference to Claim 9
(See Duong, Figures 1, and 3-9 & Figure 2 as annotated by Examiner below)
Duong discloses:
A cryogenic pump comprising:
a cold end portion base plate (A);
a cylindrical insulated vacuum jacket (12) attached to the cold end portion base plate (A) and extending away from the cold end portion base plate (A) (See Duong, Paragraph [0024] w/respect to Dewar assembly);
a first hydrogen pump cylinder (28,B) positioned within the cylindrical insulated vacuum jacket (12);
a second hydrogen pump cylinder (28,C) positioned within the cylindrical insulated vacuum jacket (12), the second hydrogen pump cylinder (28,C) oriented parallel to the first hydrogen pump cylinder (28,B);
a first hydraulic cylinder (18,D) positioned outside of the cylindrical insulated vacuum jacket (12) and aligned with the first hydrogen pump cylinder (28,B), the cold end portion base plate (A) positioned between the first hydraulic cylinder (18,D) and the first hydrogen pump cylinder (28,B) (See Duong, Paragraphs [0024] & [0029] w/respect to hydraulic linear actuators and said actuators will include a cylinder); and
a second hydraulic cylinder (18,E) located outside of the cylindrical insulated vacuum jacket (12) and adjacent to, and oriented parallel to, the first hydraulic cylinder (18,D) and aligned with the second hydrogen pump cylinder (28,C), the cold end portion base plate (A) positioned between the second hydraulic cylinder (18,E) and the second hydrogen pump cylinder (28,C). (See Duong, Paragraphs [0024] & [0029] w/respect to hydraulic linear actuators and said actuators will include a cylinder).
The Examiner notes that a Dewar storage tank is a well-known cryogenic vacuum jacket insulated storage tank. Additionally, the Examiner notes that the claim recitations merely require the baseplate (A) between positioned between hydrogen pump cylinder (28,B-C) and hydraulic cylinder (18,D-E), accordingly baseplate (A) is positioned between the elements in the vertical direction. Finally, the cold end portion base plate is attached to the vacuum insulated jacket via the other components of the pump assembly.
PNG
media_image1.png
938
700
media_image1.png
Greyscale
Claim(s) 1 and 9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Brasche et al. (US 2017/0058878).
In Reference to Claim 1
(See Brasche, Figures 1-3, and 5-10 & Figure 4 as annotated by Examiner below)
Brasche et al. (Brasche) discloses:
A hydrogen fueling station including a cryogenic pump, the cryogenic pump comprising:
a cold end portion base plate (A);
a cylindrical insulated vacuum jacket (103,107,113,121) attached to the cold end portion base plate (A) and extending away from the cold end portion base plate (A) (See Brasche, Paragraph [0019]);
a first hydrogen pump cylinder (B) positioned within the cylindrical insulated vacuum jacket (103,107,113,121) (See Brasche, Paragraph [0030]);
a second hydrogen pump cylinder (C) positioned within the cylindrical insulated vacuum jacket (103,107,113,121), the second hydrogen pump cylinder (C) oriented parallel to the first hydrogen pump cylinder (B) (See Brasche, Paragraph [0030]);
a first hydraulic cylinder (D) positioned outside of the cylindrical insulated vacuum jacket (103,107,113,121) and aligned with the first hydrogen pump cylinder (B), the cold end portion base plate (A) positioned between the first hydraulic cylinder (D) and the first hydrogen pump cylinder (B) (See Brasche, Paragraphs [0026]-[0027]); and
a second hydraulic cylinder (E) located outside of the cylindrical insulated vacuum jacket (103,107,113,121) and adjacent to, and oriented parallel to, the first hydraulic cylinder (D) and aligned with the second hydrogen pump cylinder (C), the cold end portion base plate (A) positioned between the second hydraulic cylinder (E) and the second hydrogen pump cylinder (C). (See Brasche, Paragraphs [0026]-[0027]).
The Examiner notes that components located within cavity (117) are separated from the components/fluid within the tank chamber (105) and therefore are positioned outside of the cylindrical insulated jacket. (See Brasche, Paragraph [0019]).
PNG
media_image2.png
1024
530
media_image2.png
Greyscale
In Reference to Claim 9
(See Brasche, Figures 1-3, and 5-10 & Figure 4 as annotated by Examiner below)
Brasche discloses:
A cryogenic pump comprising:
a cold end portion base plate (A);
a cylindrical insulated vacuum jacket (103,107,113,121) attached to the cold end portion base plate (A) and extending away from the cold end portion base plate (A) (See Brasche, Paragraph [0019]);
a first hydrogen pump cylinder (B) positioned within the cylindrical insulated vacuum jacket (103,107,113,121) (See Brasche, Paragraph [0030]);
a second hydrogen pump cylinder (C) positioned within the cylindrical insulated vacuum jacket (103,107,113,121), the second hydrogen pump cylinder (C) oriented parallel to the first hydrogen pump cylinder (B) (See Brasche, Paragraph [0030]);
a first hydraulic cylinder (D) positioned outside of the cylindrical insulated vacuum jacket (103,107,113,121) and aligned with the first hydrogen pump cylinder (B), the cold end portion base plate (A) positioned between the first hydraulic cylinder (D) and the first hydrogen pump cylinder (B) (See Brasche, Paragraphs [0026]-[0027]); and
a second hydraulic cylinder (E) located outside of the cylindrical insulated vacuum jacket (103,107,113,121) and adjacent to, and oriented parallel to, the first hydraulic cylinder (D) and aligned with the second hydrogen pump cylinder (C), the cold end portion base plate (A) positioned between the second hydraulic cylinder (E) and the second hydrogen pump cylinder (C). (See Brasche, Paragraphs [0026]-[0027]).
The Examiner notes that components located within cavity (117) are separated from the components/fluid within the tank chamber (105) and therefore are positioned outside of the cylindrical insulated jacket. (See Brasche, Paragraph [0019]).
PNG
media_image2.png
1024
530
media_image2.png
Greyscale
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter: The prior art fails to teach or fairly suggest “wherein: a portion of a supply header extends through the cold end portion base plate; the portion of the supply header is in fluid communication with the first hydrogen pump cylinder and the second hydrogen pump cylinder; a portion of a discharge header extends through the cold end portion base plate; and the portion of the discharge header is in fluid communication with the first hydrogen pump cylinder and the second hydrogen pump cylinder.” In claims 2 and 10, respectively. Specifically, no portion of the supply header extends through the cold end portion baseplate the prior art of record, alone or in combination, as the supply header is a bottom plate not located between the hydraulic and pump cylinders.
Response to Arguments
Applicant’s arguments, see pre-appeal brief, filed 26 June 2026, with respect to the rejection(s) of claim(s) 1-16 under 103 to Brown and Zwick have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Duong and Brasche.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Hatami, Stockner, Noble, and Tschopp show hydrogen cryogenic pumping devices within the general state of the art of invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW THOMAS LARGI whose telephone number is (571)270-3512. The examiner can normally be reached 8:00 - 4:00 M-F.
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, Essama Omgba can be reached at (469) 295-9278. 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.
/MATTHEW T LARGI/Primary Examiner, Art Unit 3746
