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 .
Election/Restrictions
Claims 8-11 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Group II, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on February 05th, 2026
Applicant's election with traverse of Group I, claims 1-7 in the reply filed on February 05th, 2026 is acknowledged. The traversal is on the grounds that the Restriction asserts that the special technical feature of applicants' invention does not make a contribution over the prior art represented by Watts et al. (see Pg. 5-6 of remarks). This is not found persuasive because the teachings of Watts which disclose recharging the vessel 20 with liquid hydrogen 14 from the supply container 16, which requires opening of the entrance valve 18, and that the drop in pressure within the vessel allows for the liquid hydrogen 14 from the supply container 16 to be filled within the vessel 20 at least imply the entrance valve 18 is opened to recharge the vessel 20 as soon as the pressure within the vessel 20 is less than a pressure in the storage container 16 as the pressure difference between the supply container 16 and the vessel 20 is great enough to allow for the vessel 20 to be recharged with the liquid hydrogen 14 from the supply container 16 when the entrance valve 18 is opened to perform recharging of the vessel 20 (Pg. 2, paragraph 20, When the vessel 20 needs to be recharged, the entrance valve 18 may be opened to allow hydrogen 14 in a liquid state to be transferred to the vessel 20 from the supply container 16. The pressure within the vessel 20 may initially drop which will may allow some of the hydrogen 14 in a liquid form to flow inside the vessel 20. The hydrogen 14 in a liquid form may vaporize as it enters the vessel 20 but at a much lower temperature than the temperature within the vessel 20 (MPEP 2144.01)).
The requirement is still deemed proper and is therefore made FINAL.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Interpretation
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.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
Claim 5, line 2 recites “open-loop and closed-loop control device” but no corresponding structure is provided in the specification, see 112(a) and 112(b) rejections below.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112(a)
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 5 is 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. Line 2 recites, “open-loop and closed-loop control device” which is interpreted under 35 U.S.C 112(f) but is not further described in the specification to define structure for the open-loop and closed-loop control device. The closed structure provided in the specification is “The open-loop and closed-loop control device is configured to receive sensor signals from the pressure sensor and/or from the flow sensor and to evaluate them suitably. The open-loop and closed-loop control device can then control the supply valve on the basis of the sensor signals from the pressure sensor and/or from the flow sensor (Pg. 6, paragraph 22)” measuring device 15 is configured to measure the temperature of the space 2 (Pg. 10, paragraph 69)”, however, this is further explanation of the function of the open-loop and closed-loop control device and not support for the means to carry out said function.
Claim Rejections - 35 USC § 112(b)
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 5 is 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim limitation “open-loop and closed-loop control 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. No corresponding support is provided in the specification to define the structure of the open-loop and closed-loop control device. For purposes of examination, the Examiner will interpret the open-loop and closed-loop control device to include controllers, processors, computers, microprocessors, PLCs, circuitry, or equivalents. 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.
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
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.
Claims 1-2, 4-5, and 7 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Watts et al. (US 20140076290), hereinafter Watts.
Regarding claim 1, Watts discloses a method for supplying a consumer with a cryogen from a storage vessel (Fig. 1, device 12, liquid hydrogen supply container 16, hydrogen 14; Pg. 1, paragraph 13, FIG. 1 shows a front view of one embodiment of an apparatus 10 which supplies hydrogen fuel 14 to device 12. The device 12 being fueled may comprise an aircraft, a vehicle, an internal combustion engine, and/or another type of hydrogen fueled device), the method comprising:
introducing part of the cryogen from the storage vessel into a volume that can be closed off
from the consumer and from the storage vessel (Fig. 1, vessel 20; Pg. 1-2, paragraph 14-15, The liquid hydrogen supply container 16 may contain hydrogen 14 in a liquid state, and may be connected through one or more pipes 36 to the entrance valve 18 which may be connected to the vessel 20. The vessel 20 may comprise a pipe or other type of vessel in which a liquid or gas may be contained. In one embodiment, the vessel 20 may comprise a 3 foot long pipe having a 2 to 5 inch diameter. In other embodiments, varying sized vessels 20 may be used depending on the hydrogen demand of the device 12. For instance, in one embodiment, two or more vessels 20 may be used in parallel and manifolded together, and the accumulator 30 may be replaced by a manifold downstream of exit valve 26.
The entrance valve 18 may be adapted to open to allow hydrogen 14 in a liquid state to be transferred from the supply container 16 into vessel 20…The vessel 20 may be connected to the exit valve 26. The exit valve 26 may be adapted to close to lock hydrogen 14 in a near liquid hydrogen temperature gas
state within the vessel 20 so that it can be heated to a high pressure warm state, to open to allow hydrogen 14 in a gaseous state to be transferred to the accumulator 30, and to close to prevent more hydrogen 14 in a gaseous state to enter the accumulator 30),
closing off the volume from the consumer and from the storage vessel by closing a supply valve
arranged between the volume and the consumer, and the closing an inlet valve arranged between the storage vessel and the volume (Fig. 1, exit valve 26, entrance valve 18; Pg. 1, paragraph 15, Once the desired temperature of the hydrogen in vessel 20 is reached, valve 18 may be closed to lock near
liquid hydrogen temperature gaseous hydrogen in vessel 20 to be heated using a heat transfer system 28; Pg. 2, paragraph 19, When enough hydrogen 14 in a gaseous state has been accumulated in the accumulator 30, the exit valve 26 may be closed),
vaporizing the cryogen in the volume so as to subject the volume to a pressure which is higher
than a pressure prevailing in the storage vessel and (Fig. 1, heat transfer system 28; Pg. 1-2, paragraph 15, The heat transfer system 28 may allow heat from the connected device 12, in the form of heated device coolant or in another form, to be transferred to the vessel 20 in order to heat the hydrogen 14
within the vessel 20 to a warm higher pressure gas. The first temperature sensor 22 and the first pressure sensor 24 may be connected to the vessel 20 in order to monitor the temperature and pressure of the hydrogen 14 within the vessel 20 in both liquid and gaseous states),
discharging vaporized cryogen from the volume to the consumer when the consumer has a
load requirement by opening the supply valve, wherein, when the supply valve is open, the inlet valve is opened as soon as the pressure in the volume falls below the pressure prevailing in the storage vessel (Pg. 2, paragraph 17, In one embodiment, when the apparatus 10 of FIG. 1 is in operation, the entrance valve 18 may be opened to allow hydrogen 14 in a liquid state to be transferred from the liquid hydrogen supply container 16 to the vessel 20 while the exit valve 26 is closed. After enough hydrogen 14 in a liquid state is transferred into the vessel 20, the entrance valve 18 may be closed. The heat transfer system 28 may then transfer heat from the connected device 12 to the vessel 20, in order to
heat the hydrogen 14 within the vessel 20 from a liquid to a gaseous state; Pg. 2, paragraph 19, When enough hydrogen 14 in a gaseous state has been accumulated in the accumulator 30, the exit valve 26
may be closed. When the second temperature sensor 32 and/or the second pressure sensor 34 detect a temperature and/or pressure within the accumulator 30 indicating that the hydrogen 14 within the accumulator 30 is in a suitable gaseous state to fuel the connected device 12, the accumulator 30 may
transfer hydrogen 14 in a gaseous state to the connected device 12; Pg. 2, paragraph 20, When the vessel 20 needs to be recharged, the entrance valve 18 may be opened to allow hydrogen 14 in a liquid state to be transferred to the vessel 20 from the supply container 16. The pressure within the vessel 20 may initially drop which will may allow some of the hydrogen 14 in a liquid form to flow inside the vessel 20. The hydrogen 14 in a liquid form may vaporize as it enters the vessel 20 but at a much lower temperature than the temperature within the vessel 20; Further, Watts teaches the use of pressure sensors throughout the system to control the opening of the entrance valve 18 and further discloses the recharging of the vessel 20 with liquid hydrogen 14 from the supply container 16, which requires opening of the entrance valve 18, includes a drop in pressure within the vessel that allows for the liquid hydrogen 14 from the supply container 16 to be filled within the vessel 20 at least imply the entrance valve 18 is opened to recharge the vessel 20 as soon as the pressure within the vessel 20 is less than a pressure in the storage container 16 as the pressure difference between the supply container 16 and the vessel 20 is great enough to allow for the vessel 20 to be recharged with the liquid hydrogen 14 from the supply container 16 when the entrance valve 18 is opened to perform recharging of the vessel 20 since it has been held in considering the disclosure of a reference, it is proper to take into account not only specific teachings of the reference but also the inferences which one skilled in the art would reasonably be expected to draw therefrom (MPEP 2144.01)).
Regarding claim 2, Watts discloses the method according to claim 1 (see the rejection of claim 1 above), wherein during d), the pressure prevailing in the volume is reduced to a supply pressure suitable for the consumer when the cryogen is discharged from the volume with the aid of the supply valve (Pg. 2, paragraph 18-19, Likewise, when the first temperature sensor 22 and/or the first pressure sensor 24 detect a temperature and/or pressure within the vessel 20 which indicates that the hydrogen 14 within the vessel is in a suitable gaseous state, the exit valve 26 may be opened to allow the hydrogen 14 in a gaseous state to be transferred to the accumulator 30. When enough hydrogen 14 in a gaseous state has been accumulated in the accumulator 30, the exit valve 26 may be closed. When the second temperature sensor 32 and/or the second pressure sensor 34 detect a temperature and/or pressure within the accumulator 30 indicating that the hydrogen 14 within the accumulator 30 is in a suitable gaseous state to fuel the connected device 12, the accumulator 30 may transfer hydrogen 14 in a gaseous state to the connected device 12; Further, as the vessel 20 is conditioning the gaseous hydrogen to be held in the accumulator 30 prior to dispending to the device 12 and the flow between the vessel 20 and the accumulator 30 is controlled via the exit valve 26, the teachings of Watts which disclose achieving a suitable temperature and/or pressure of the cryogen before dispending to the device 12 at least imply the pressure prevailing in the volume is reduced to a supply pressure suitable for the consumer when the cryogen is discharged from the volume with the aid of the supply valve since it has been held in considering the disclosure of a reference, it is proper to take into account not only specific teachings of the reference but also the inferences which one skilled in the art would reasonably be expected to draw therefrom (MPEP 2144.01)).
Regarding claim 4, Watts discloses the method according to claim 2 (see the rejection of claim 2 above), wherein during d), the supply valve is opened depending on the load requirement of the consumer (Pg. 2, paragraph 19, When enough hydrogen 14 in a gaseous state has been accumulated in the accumulator 30, the exit valve 26 may be closed. When the second temperature sensor 32 and/or the second pressure sensor 34 detect a temperature and/or pressure within the accumulator 30 indicating that the hydrogen 14 within the accumulator 30 is in a suitable gaseous state to fuel the connected device 12, the accumulator 30 may transfer hydrogen 14 in a gaseous state to the connected device 12. If the second temperature sensor 32 and/or the second pressure sensor 34 detect that the temperature and/or pressure within the accumulator 30 is below a second set amount, the exit valve 26 may be opened to allow more hydrogen 14, which has been heated within the vessel 20 to a gaseous state, to be transferred into the accumulator 30 to increase the temperature and/or pressure of the hydrogen 14 within the accumulator 30; Pg. 3, paragraph 22, In another embodiment, hydrogen 14 in the vessel 20 may be heated using heat transferred from the device 12 when at least one of the temperature and pressure of the hydrogen 14 within the vessel 20 is under a third set-amount. In still another step 248, hydrogen 14 in a gaseous state within the vessel 20 may be transferred to the device 12. In one embodiment, hydrogen 14 in a gaseous state within the vessel 20 may be first transferred to an accumulator 30, and then transferred to the device 12; Further, the teachings of Watts imply the accumulator 30 is not required and that gaseous hydrogen can be directly transferred to the device 12 from the vessel 20 which further implies the exit valve 26 to be is opened depending on the load requirement of the consumer since it has been held in considering the disclosure of a reference, it is proper to take into account not only specific teachings of the reference but also the inferences which one skilled in the art would reasonably be expected to draw therefrom (MPEP 2144.01)).
Regarding claim 5, Watts discloses the method according to claim 2 (see the rejection of claim 2 above), wherein during d), the supply valve is controlled with the aid of an open-loop and closed-loop control device based on sensor signals from a pressure sensor arranged downstream from the supply valve (Fig. 1, apparatus 10, first pressure sensor 24; Pg. 2, paragraph 17, At any time, if the first temperature sensor 22 and/ or the first pressure sensor 24 detect a temperature and/or pressure within the vessel 20 above a first set-amount, indicating that the temperature and/or pressure within the vessel 20 is too high, the entrance valve 18 may be opened to allow more hydrogen 14 in a liquid state to be transferred into the vessel 20 to lower the temperature and/or pressure within the vessel 20; As best understood, see 112(b) rejections above).
Regarding claim 7, Watts discloses the method according to claim 1 (see the rejection of claim 1 above), wherein heat is introduced into the cryogen during c) with the aid of a vaporizer unit to vaporize the cryogen (Fig. 1, heat transfer system 28; Pg. 1-2, paragraph 15-16, Once the desired temperature of the hydrogen in vessel 20 is reached, valve 18 may be closed to lock near liquid hydrogen temperature gaseous hydrogen in vessel 20 to be heated using a heat transfer system 28. The heat transfer system 28 may comprise one or more continuous closed loop pipes which are connected between the vessel 20 and a connected device 12. The heat transfer system 28 may allow heat from the connected device 12, in the form of heated device coolant or in another form, to be transferred to the vessel 20 in order to heat the hydrogen 14 within the vessel 20 to a warm higher pressure gas. The first temperature sensor 22 and the first pressure sensor 24 may be connected to the vessel 20 in order to monitor the temperature and pressure of the hydrogen 14 within the vessel 20 in both liquid and gaseous states).
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.
The factual inquiries 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 3 is rejected under 35 U.S.C. 103 as being unpatentable over Watts et al. (US 20140076290), hereinafter Watts in view of Seike et al. (US 20230313397), hereinafter Seike.
Regarding claim 3, Watts discloses the method according to claim 2 (see the rejection of claim 2 above).
However, Watts does not explicitly disclose wherein the supply pressure suitable for the consumer is less than the pressure prevailing in the storage vessel.
Seike teaches wherein the supply pressure suitable for the consumer is less than the pressure prevailing in the storage vessel (Fig. 1, accumulator 16, high-pressure accumulator 22, fuel cell vehicle 92; Pg. 3, paragraph 30, The accumulator 16 includes a high-pressure accumulator 22 and an intermediate accumulator 24. The high pressure accumulator 22 stores high-pressure hydrogen for filling a fuel cell vehicle 92 through a dispenser 18. The pressure of the hydrogen gas accumulated in the high pressure accumulator 22 is, for example, 82 MPa; Pg. 3, paragraph 33, The dispenser 18 supplies high-pressure hydrogen to the fuel cell vehicle 92 that has come to the hydrogen station 10. The pressure of the hydrogen gas charged into the fuel cell vehicle 92 is determined by regulations and laws of each country, and is, for example, 70 MPa in Japan).
Watts fails to teach wherein the supply pressure suitable for the consumer is less than the pressure prevailing in the storage vessel, however Seike teaches that it is a known method in the art of gaseous hydrogen supply systems to include wherein the supply pressure suitable for the consumer is less than the pressure prevailing in the storage vessel. This is strong evidence that modifying Watts as claimed would produce predictable results (i.e. complying with local laws and regulations). Accordingly, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Watts by Seike and arrive at the claimed invention since all claimed elements were known in the art and one having ordinary skill in the art could have combined the elements as claimed by known methods with no changes in their respective functions and the combination would have yielded the predictable result of complying with local laws and regulations.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Watts et al. (US 20140076290), hereinafter Watts in view of Watts (US Patent No. 8,950,195), hereinafter Watts ‘195.
Regarding claim 6, Watts discloses the method according to claim 1 (see the rejection of claim 1 above), wherein the inlet valve is closed as long as the pressure in the volume is greater than the pressure predetermined amount (Pg. 3, paragraph 22, In another embodiment, hydrogen 14 in a liquid state may be transferred from a supply container 16 to the vessel 20 when at least one of the temperature and pressure of the hydrogen 14 within the vessel 20 is over a first set-amount).
However, Watts does not explicitly disclose the predetermined amount to be related to the pressure prevailing in the storage vessel.
Watts ‘195 teaches wherein the inlet valve is closed as long as the pressure in the volume is greater than the pressure prevailing in the storage vessel (Fig. 7 of Watts ‘195 depicts the filled state of the sphere 20c where a pressure of the sphere 20c is 150 psi, which is above the pressure of the dewar 10, and the fill valve 24c is closed; Fig. 8 of Watts ‘195 depicts an emptied state of the sphere 20c where the pressure has been reduced to the same pressure as the dewar 10 and the fill valve 24c is opened for refilling; Col. 3, lines 10-35, As shown in FIG. 6, operation of TDP 12 commences with opening of pressurization valve 48c introducing GH2 pressure from the GH2 accumulator into TDP sphere 20c. Thermal contraction of the gas results in a minor reduction in gas pressure of approximately 5 psia to 145 psia as shown. Opening of supply valve 28c provides LH2 flow from TDP sphere 20c into supply manifold 26 assisted by boost pump 30. LH2 flows through heat exchanger 32 gasifying the LH2 into GH2 and flowing to accumulator 38 for supply through PFCD 40 to use by the engine and/or other accessory systems. Flow through heat exchanger 3 2 increases operating pressure in the accumulator and TDP sphere 20c to nominal at 150 psia as shown in FIG. 7. In the exemplary embodiments, a pressure regulator (not shown) maintains the nominal pressure of 150 psia in the accumulator. Pressures in the remaining two TDP spheres, 20b and 20a as well as the LH2 dewar and accumulator 14 remain nominally at 25 psia. When TDP sphere 20c is substantially depleted ofLH2, as shown in FIG. 8, pressurization valve 48c is closed and supply valve 28c is closed. Pressurization valve 48b is opened pressurizing TDP sphere 20b, with the gas pressure fluctuation to 145 psia as shown, and supply valve 28b is opened providing LH2 flow from TDP sphere 20b to the supply manifold and through pump 30 to heat exchanger 32 to accumulator 38. Fill valve 24c and depressurization valve 52c are opened to commence
refilling of TDP sphere 20c).
Watts fails to teach wherein the inlet valve is closed as long as the pressure in the volume is greater than the pressure prevailing in the storage vessel, however Watts ‘195 teaches that it is a known method in the art of gaseous hydrogen supply systems to include wherein the inlet valve is closed as long as the pressure in the volume is greater than the pressure prevailing in the storage vessel. This is strong evidence that modifying Watts as claimed would produce predictable results (i.e. optimizing filling of the volume based on real time sensor data to improve overall system efficiencies). Accordingly, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Watts by Watts ‘195 and arrive at the claimed invention since all claimed elements were known in the art and one having ordinary skill in the art could have combined the elements as claimed by known methods with no changes in their respective functions and the combination would have yielded the predictable result of optimizing filling of the volume based on real time sensor data to improve overall system efficiencies.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Watts (US Patent No. 8,789,379) discloses a similar method for supplying a consumer with a cryogen from a storage vessel.
Takahashi et al. (US Patent No. 11,092,290) discloses a similar method for supplying a consumer with a cryogen from a storage vessel.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEVON T MOORE whose telephone number is 571-272-6555. The examiner can normally be reached M-F, 7:30-5.
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, Frantz Jules can be reached at 571-272-6681. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DEVON MOORE/Examiner, Art Unit 3763 February 23rd, 2026
/FRANTZ F JULES/Supervisory Patent Examiner, Art Unit 3763