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 § 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Brown et al. (US 2017/0037879) in view of Zwick et al. (US 4,860,545).
In Reference to Claim 1
(See Brown, Figures 1-4)
Brown et al. (Brown) discloses:
A hydrogen fueling station including a cryogenic pump, the cryogenic pump comprising:
a cold end portion base plate (34);
a first hydrogen pump cylinder (38);
a second hydrogen pump cylinder (38), the second hydrogen pump cylinder oriented parallel to the first hydrogen cylinder (38) (See Brown, Paragraph [0024] and Figure 4);
a first hydraulic cylinder (56) aligned with the first hydrogen pump cylinder (38), the cold end portion base plate (34) positioned between the first hydraulic cylinder (56) and the first hydrogen pump cylinder (38) (See Brown, Paragraph [0024] and Figures 2 & 4); and
a second hydraulic cylinder (56) adjacent to, and oriented parallel to, the first hydraulic cylinder (38) and aligned with the second hydrogen pump cylinder (38), the cold end portion base plate (34) positioned between the second hydraulic cylinder (56) and the second hydrogen pump cylinder (38). (See Brown, Paragraph [0024] and Figures 2 & 4).
Brown discloses the claimed invention except:
a cylindrical insulated vacuum jacket attached to the cold end portion base plate and extending away from the cold end portion base plate with the cold end components positioned within the vacuum jacket and the warm end components positioned outside of the vacuum jacket.
Zwick et al. (Zwick) discloses a submersible pump assembly structure. (See Zwick, Abstract). Zwick discloses a pump mounting structure and cryogenic storage vessel with a vacuum thermal insulation space. (See Zwick, Figure 1, Column 4, Lines 18-27). Additionally, Zwick discloses the mounting of the pump warm end outside of the insulation tank. (See Zwick, Column 5, Lines 43-60).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the vacuum insulated vessel off Zwick and mounted (i.e.-positioned) the warm end of the pump outside of the vessel, as both references are directed towards submersible cryogenic pump systems. One of ordinary skill in the art would have recognized that the insulated vessel would have minimized heat flow into the inner vessel and positioning the warm end of the cyrogenic pump exterior to the vessel would have allowed for the hydraulic warm end to be readily accessible for maintenance or repair. (See Zwick, Column 4, Lines 18-27 & Column 5, Lines 43-45).
In Reference to Claim 9
(See Brown, Figures 1-4)
Brown et al. (Brown) discloses:
A hydrogen fueling station including a cryogenic pump, the cryogenic pump comprising:
a cold end portion base plate (34);
a first hydrogen pump cylinder (38);
a second hydrogen pump cylinder (38), the second hydrogen pump cylinder oriented parallel to the first hydrogen cylinder (38) (See Brown, Paragraph [0024] and Figure 4);
a first hydraulic cylinder (56) aligned with the first hydrogen pump cylinder (38), the cold end portion base plate (34) positioned between the first hydraulic cylinder (56) and the first hydrogen pump cylinder (38) (See Brown, Paragraph [0024] and Figures 2 & 4); and
a second hydraulic cylinder (56) adjacent to, and oriented parallel to, the first hydraulic cylinder (38) and aligned with the second hydrogen pump cylinder (38), the cold end portion base plate (34) positioned between the second hydraulic cylinder (56) and the second hydrogen pump cylinder (38). (See Brown, Paragraph [0024] and Figures 2 & 4).
Brown discloses the claimed invention except:
a cylindrical insulated vacuum jacket attached to the cold end portion base plate and extending away from the cold end portion base plate with the cold end components positioned within the vacuum jacket and the warm end components positioned outside of the vacuum jacket.
Zwick et al. (Zwick) discloses a submersible pump assembly structure. (See Zwick, Abstract). Zwick discloses a pump mounting structure and cryogenic storage vessel with a vacuum thermal insulation space. (See Zwick, Figure 1, Column 4, Lines 18-27). Additionally, Zwick discloses the mounting of the pump warm end outside of the insulation tank. (See Zwick, Column 5, Lines 43-60).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the vacuum insulated vessel off Zwick and mounted (i.e.-positioned) the warm end of the pump outside of the vessel, as both references are directed towards submersible cryogenic pump systems. One of ordinary skill in the art would have recognized that the insulated vessel would have minimized heat flow into the inner vessel and positioning the warm end of the cyrogenic pump exterior to the vessel would have allowed for the hydraulic warm end to be readily accessible for maintenance or repair. (See Zwick, Column 4, Lines 18-27 & Column 5, Lines 43-45).
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 Brown, Zwick or Bean, 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 filed 16 December 2025 have been fully considered but they are not persuasive.
In response to Applicant’s arguments that the Brown-Zwick combination fails to teach “a cylindrical insulated vacuum jacket attached to the cold end portion base plate and extending away from the cold end portion base plate with the cold end components positioned within the vacuum jacket and the warm end components positioned outside of the vacuum jacket.” as recited in claims 1, the Office respectfully disagrees.
Applicant argues that the Brown-Zwick combination fails to teach “a cylindrical insulated vacuum jacket attached to the cold end portion base plate and extending away from the cold end portion base plate with the cold end components positioned within the vacuum jacket and the warm end components positioned outside of the vacuum jacket.” as recited in claims 1. Specifically, Applicant argues that the proposed combination would result in the insulated vacuum vessel of Zwick being attached to an intermediate portion and not mounted to a cold end portion base plate. Additionally, Applicant argues that the reasons for obviousness are not clear as to why the insulated vessel of Zwick would be directly attached to the cold end portion baseplate. However, the Examiner notes that the recitations of claim 1 merely require a cylindrical insulated vacuum jacket attached to the cold end portion base plate and extending away from the cold end portion base plate with the cold end components positioned within the vacuum jacket and the warm end components positioned outside of the vacuum jacket. In other words, the cylindrical insulated vacuum jacket merely needs to be attached to the cold end portion base plate, however, such an attachment is not required to be a direct mounting or direct attachment to the cold end portion basement. (Emphasis added). Additionally, Brown does not disclose the exact mounting location but instead merely discloses that the cold end portion is submerged when mounted to the tank. (See Brown, Paragraph [0020]). Zwick discloses a submersible pump assembly structure mounted to a cryogenic storage vessel with a vacuum thermal insulation space where the warm end is specifically mounted outside of the insulation tanks. (See Zwick, Figure 1, Column 4, Lines 18-27 and Column 5, Lines 43-60). Accordingly, the Brown-Zwick combination discloses mounting the submersible pump of Brown to an insulated storage vessel in order to ensure the warm end is outside of the insulation tank. Such a mounting configuration attaches the pump at an intermediary portion or below the warm end portion to the vacuum insulated vessel and thus attaches the vacuum insulated vessel to the cold end portion baseplate.
Therefore the Brown-Zwick combination discloses a cylindrical insulated vacuum jacket attached to the cold end portion base plate and extending away from the cold end portion base plate with the cold end components positioned within the vacuum jacket and the warm end components positioned outside of the vacuum jacket.
Applicant argues that independent claim 9 overcomes the rejection of record for at least the same reasons provided by Applicant with respect to the rejection of claim 1. Accordingly, the rejections of independent claim 9 is maintained for at least the reasons set forth above.
Conclusion
THIS ACTION IS MADE FINAL. 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 MATTHEW THOMAS LARGI whose telephone number is (571)270-3512. The examiner can normally be reached 8:00 - 4:00 M-F.
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/MATTHEW T LARGI/Primary Examiner, Art Unit 3746
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