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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 06/12/2026 has been entered.
Claim 1 has been amended
Claims 1-19 are presented for examination
This action is Non-Final
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-2, 4-6, 8-9, 12 and 19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 6-11 and 13 of U.S. Application No. 19/197,051. Although the claims at issue are not identical, they are not patentably distinct from each other because the instant application contains subject matter similar to the subject matter of the presented application. See table analysis below.
Application 19/197,051
Application 18/670,775
1. A removable closure for a cryogenic tank, wherein the cryogenic tank comprises a tank interior for storing a cryogenic medium and an access opening in a multiple tank wall which includes a tank wall vacuum insulation space between an inner tank wall skin and an outer tank wall skin, wherein the removable closure comprises:
an outer closure wall; an inner closure wall; and a closure vacuum insulation volume between the outer closure wall and the inner closure wall,
wherein the removable closure is configured for installation of equipment that is required for operating the cryogenic tank in the closure vacuum insulation volume formed in an interior of the removable closure
wherein the access opening in the multiple tank wall is defined by a multiple wall tank ring having an outer tank ring wall arrangement,
an inner tank ring wall, and a tank ring vacuum insulation space between the outer and inner tank ring walls, wherein the removable closure further comprises a ring wall connecting the outer closure wall with the inner closure wall to form the closure vacuum insulation volume. and wherein the equipment comprises operational equipment of the cryogenic tank installed within the closure vacuum insulation volume as part of the cryogenic tank system and configured to remain installed during operation of the cryogenic tank.
8. A cryogenic tank comprising:
a multiple tank wall;
an access opening in the multiple tank wall allowing access to an interior of the
cryogenic tank;
1. A cryogenic tank comprising: a multiple tank wall,
an access opening in the multiple tank wall allowing access to an interior of the cryogenic tank for at least one of maintenance, repair or replacement services, and
a removable closure for closing the access opening,
wherein the multiple tank wall includes an inner tank wall skin, an outer tank wall skin, and a tank wall vacuum insulation space between the inner tank wall skin and the outer tank wall skin, and
wherein the removable closure comprises a multiple wall panel that includes an outer panel wall, an inner panel wall, and a panel vacuum insulation space between the outer panel wall and the inner panel wall, and
wherein the outer panel wall and the inner panel wall are connected together so as to both close the access opening.
2. The cryogenic tank according to claim 1, wherein the closure further includes a multiple wall closure ring with an outer closure ring wall,
an inner closure ring wall and a closure ring vacuum insulation space between the outer and inner closure ring walls.
6. The cryogenic tank according to claim 1, wherein the access opening in the multiple tank wall is defined by a multiple wall tank ring with an outer tank ring wall arrangement,
an inner tank ring wall and a tank ring vacuum insulation space between the outer and inner tank ring walls.
6.The removable closure according to claim 1, further comprising:
a vacuum port for evacuation of the closure vacuum insulation volume.
4. The cryogenic tank according to claim 3, wherein the closure has a vacuum port for evacuation of the closure interspace vacuum volume.
7. (Original) The removable closure according to claim 1, further comprising: a multilayer insulation fitted inside the closure vacuum insulation volume.
5. (Original) The cryogenic tank according to claim 3, wherein a multilayer insulation is fitted inside the closure interspace vacuum volume.
9. The cryogenic tank according to claim 8, wherein the access opening in the multiple tank wall is defined by a multiple wall tank ring with an outer tank ring wall, an inner tank ring wall and a tank ring vacuum insulation space between the outer and inner tank ring walls.
6. The cryogenic tank according to claim 1, wherein the access opening in the multiple tank wall is defined by a multiple wall tank ring with an outer tank ring wall arrangement, an inner tank ring wall and a tank ring vacuum insulation space between the outer and inner tank ring walls.
10. The cryogenic tank according to claim 9, wherein ends of the multiple wall tank ring are tightly closed, or wherein the outer tank ring wall comprises an inside outer tank ring wall arranged inside the inner tank wall skin and an outside outer tank ring wall arranged outside the outer tank wall skin, or
wherein the outer tank ring wall is tightly connected to the outer and inner tank wall
skin so that the tank wall vacuum insulation space and the tank ring vacuum insulation space are in fluid communication with each other, form a single tank wall interspace vacuum volume, or both, or any combination thereof.
8. The cryogenic tank according to claim 6, wherein the outer tank ring wall arrangement comprises an inside outer tank ring wall arranged inside the inner tank wall skin and an outside outer tank ring wall arranged outside the outer tank wall skin.
9. The cryogenic tank according to claim 6, wherein the outer tank ring wall arrangement is tightly connected to the outer and inner tank wall skin so that the tank wall vacuum insulation space and the tank ring vacuum insulation space that at least one of
are in fluid communication with each other, or form a single tank wall interspace vacuum volume.
11. The cryogenic tank according to claim 8, wherein the access opening has a tank flange and the closure has a closure flange which mates to the tank flange so that in a closed state the closure flange is tightly connected to the tank flange.
12. The cryogenic tank according to claim 1, wherein the access opening has a tank flange and the closure has a closure flange which mates to the tank flange so that in a closed state the closure flange is tightly connected, by a number of bolt and screw assemblies, to the tank flange.
13. An aircraft comprising:
the cryogenic tank according to claim 8.
19. An aircraft comprising a cryogenic tank according to claim 1.
Appropriate action is required.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAVEN COLLINS whose telephone number is (571)270-1672. The examiner can normally be reached Monday-Friday 8:30am to 5:00pm EST.
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/RAVEN COLLINS/Examiner, Art Unit 3735
/Anthony D Stashick/Supervisory Patent Examiner, Art Unit 3735
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