Prosecution Insights
Last updated: April 19, 2026
Application No. 18/691,554

A HYDROGEN REFUELING STATION WITH LIQUID HYDROGEN SUPPLY

Final Rejection §103§112
Filed
Mar 13, 2024
Examiner
SHRIEVES, STEPHANIE ALEXANDRA
Art Unit
3753
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Nel Hydrogen A/S
OA Round
2 (Final)
74%
Grant Probability
Favorable
3-4
OA Rounds
2y 3m
To Grant
92%
With Interview

Examiner Intelligence

Grants 74% — above average
74%
Career Allow Rate
156 granted / 212 resolved
+3.6% vs TC avg
Strong +18% interview lift
Without
With
+17.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 3m
Avg Prosecution
29 currently pending
Career history
241
Total Applications
across all art units

Statute-Specific Performance

§101
1.5%
-38.5% vs TC avg
§103
51.8%
+11.8% vs TC avg
§102
5.7%
-34.3% vs TC avg
§112
34.5%
-5.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 212 resolved cases

Office Action

§103 §112
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 . Response to Arguments Examiner acknowledges the cancellation of claims 4-6, 8-9, 12-13, 26, 28-30, and 32-34. The addition of claims 37-40 are also acknowledged. Applicant’s arguments in view of the drawing amendments, see page 9 of the Remarks, filed 11 September 2025, with respect to the drawing objections have been fully considered and are persuasive. The objections of the drawings have been withdrawn. Applicant’s arguments in view of the claim amendments, see page 9 of the Remarks, filed 11 September 2025, with respect to the claim objection of claim 27 have been fully considered and are persuasive. The claim objection of claim 27 has been withdrawn. Applicant’s arguments in view of the claim amendments, see pages 9-12 of the Remarks, filed 11 September 2025, with respect to the rejection(s) of claim(s) 23-25, 27, 31, and 35-36 under 35 U.S.C. 103 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 Therefore, the rejection has been withdrawn.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 the new limitation requiring the step of increasing pressure is controlled by the temperature management system. While the rejection has new grounds, the references where used before in which the response to claims 1 and 36 below are applied to claim 23 and its dependents. Applicant's arguments filed 11 September 2025 have been fully considered but they are not persuasive. Regarding the 35 U.S.C. 103 Rejections of claims 1-3, 6-7, 10-11, 20-25, 27, 31 and 35-36: In response to applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971). In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, the Examiner respectfully disagrees that Pohjoranta, Chen, and Uemura do not teach the recited claims, the proposed combination would defeat Pohjoranta’s reasonable expectation of success, and hindsight was used in the combination of references. Pohjoranta disclosed the majority of the limitations seen in claims 1 and 36 including the at least one ejector (130 and 140, Figure 1) and the plurality of heaters (110 and 120, Figure 1). Chen teaches the hydrogen refueling station (Figure 1) with the motivation to refuel a consumer vehicle in order to reduce potential emissions from the vehicle that may harm the environment (Paragraph [0004]). Chen was used to teach that the ejector could dispense to a vehicle through a dispenser as Pohjoranta discloses the application (150, Figure 1) may be configured to receive the fluid in suitable applications (Paragraph [0020]). Uemura teaches limitation of the hydrogen refueling station (14, Figure 1) comprises a temperature management system (Paragraph [0041], the controller and the heating controller are the temperature management system), comprising a controller (40, Figure 1) and a temperature sensor (56, Figure 1) with the motivation to ensure the hydrogen gas in the tank is not overheated that may lead to the gas being insufficiently cooled (Paragraph [0067]). The sensor (56, Figure 1) is located within the hydrogen station where it is monitored to help determine the control of the heating device (Paragraphs [0041] and [0067]). The limitation only states that the temperature management system comprises a controller and a temperature sensor for the hydrogen refueling station. The limitation does not go into further detail regarding the functional and structural relationship within the station. The limitations only require that the components are present. Uemura does teach the temperature management system of claims 1 and 36. The proposed combination would not defeat Pohjoranta’s core design and does not lack a reasonable expectation of success with the addition of Uemura. Pohjoranta discloses that heaters could be used to increase the pressure of the gas-phase in a pressure tank (Paragraph [0022]). Pohjoranta also discloses that the system avoids using a pump to add in the gas from the storage tank (Paragraphs [0016] and [0025]). While it is understood that Pohjoranta transfers the cryogenic fluid without resorting to pumps with moving parts (Paragraph [0016]), Uemura could still be combined with Pohoranta despite the pump being located in the heating device (44, Figure 1). The heating device of Uemura could be implemented as the pump is not used to convey the gas to the application of Pohjoranta (Paragraph [0028]). The temperature management system of Uemura is implemented on a controller (Paragraph [0041]) to control the heating device. Pohjoranta also discloses that a controller Paragraphs [0037-0038]) can be used to synchronize the valves (Paragraph [0030]) and the potential heaters (Paragraph [0044]). The addition of the temperature management system of Uemura into Pohjornata would not cause a lack of a reasonable expectation of success. The closed-loop temperature-control circuit of Uemura would not cause the prior art system inoperable for its intended use. Chen teaches that the ejector could dispense to a vehicle through a dispenser as Pohjoranta discloses the application (150, Figure 1) may be configured to receive the fluid in suitable applications (Paragraph [0020]). In the combination, the application of Pohjoranta would be the dispenser and the vehicle of Chen. The advantages of Pohjoranta would not be inoperable with the use of Uemura with the external heat sources, coolant plumbing, and the intended use of Pohjoranta. The closed-loop temperature-control circuit of Uemura is used to control the temperature where Pohjornata discloses a controller Paragraphs [0037-0038]) can be used to synchronize the valves (Paragraph [0030]) and the potential heaters (Paragraph [0044]). Uemura is providing further teachings for a temperature management system that is incorporated in Pohjoranta that would still be operable for its intended use. The combination rationale is not unsupported and caused by pure hindsight. Chen teaches the hydrogen refueling station (Figure 1) that includes in ejector with the motivation to refuel a consumer vehicle in order to reduce potential emissions from the vehicle that may harm the environment (Paragraph [0004]). Uemura teaches limitation of the hydrogen refueling station (14, Figure 1) comprises a temperature management system (Paragraph [0041], the controller and the heating controller are the temperature management system), comprising a controller (40, Figure 1) and a temperature sensor (56, Figure 1) with the motivation to ensure the hydrogen gas in the tank is not overheated that may lead to the gas being insufficiently cooled which can lead to undue deterioration of components within the station (Paragraph [0067]). The system to control the heater of Pohjoranta (Paragraph [0022] and [0046]) is not further described in the specification where Uemura provides further clarification of a temperature management system. The use of the closed-loop system of Uemura would help reduce deterioration that could occur in Pohjoranta and Chen. Chen and Uemura both contain motivations that are supported in their respective specifications and are drawn towards hydrogen refueling stations that could incorporate the components of Pohjoranta. A person of ordinary skill in the art would incorporate the components of Pohjoranta into the station of Chen to have the dispenser provide fuel to a vehicle while the heating of Pohjoranta can be controlled as seen in Uemura. While claim 25 was amended that slightly changed the scope requiring the new grounds of rejection, Pohjorata, Chen, and Uemura were used in the rejection where the response above for the references are also applied to claim 25. The response to arguments for claims 1 and 36 are also applied to its dependent claims 1-3, 7, 10-11, 14-16, 20-22, 24-25, 27, 31, 35, and 37-40. Drawings The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the transferring of heat between heaters seen in claim 37 and the conduits to enable the transfer of heat seen in claim 38 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: the temperature management system 25, the controller 23b and the temperature sensor 27. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. Claim Objections Claim 11 objected to because of the following informalities: Line 2, “said one heater” should be amended to –one of said plurality of heaters--. Appropriate correction is required. Claim Rejections - 35 USC § 112 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 40 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. Claim 40 recites “the temperature management system is configured to redistribute thermal energy (heat) between said plurality of ejectors” in lines 1-3 of the claim. In the Specification submitted 13 March 2024, the term “thermal management system” or “temperature management system” is described in paragraphs [99] and [169] where the system has conduits and controls the temperature of the plurality of heaters. There does not appear to be disclosure in the specification for the redistribution of thermal energy between the plurality of ejectors within the system. The Office recommends amending the claim to recite limitations supported by the specification. For purposes of examination, the limitation will be considered as the temperature management system redistributes the thermal energy between the plurality of ejectors. 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. Claims 1, 14, and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Pohjoranta (US 20210341105 A1) in view of Chen (CN 112344207 A) in further view of Uemura (US 20100307636 A1). Regarding Claim 1: Pohjoranta discloses a cryogenic fluid management system, comprising: a plurality of heaters (110 and 120, Figure 1 and Paragraph [0021], the pressure tanks are the plurality of heaters); at least one ejector (130 and 140, Figure 1) comprising a first ejector inlet, a second ejector inlet, and an ejector outlet (See Annotated Figure 1 below); a hydrogen storage tank (110, Figure 1) fluidly connectable to said first ejector inlet and said second ejector inlet (See Annotated Figure 1 below) via said plurality of heaters (110 and 120, Figure 1), and configured to store liquid hydrogen (Paragraph [0020], the hydrogen storage tank holds liquid hydrogen); valves (111, 112, 113, 116, 117, and 118, Figure 1) configured to control a flow of said liquid hydrogen in conduits between said hydrogen storage tank (100, Figure 1) and said plurality of heaters (110 and 120, Figure 1) and gaseous hydrogen in conduits (Figure 1, the gaseous hydrogen conduits are between the heaters and ejectors) between said plurality of heaters (110 and 120, Figure 1) and said at least one ejector (130 and 140, Figure 1); and wherein said at least one ejector (130 and 140, Figure 1) is configured to receive gaseous hydrogen from at least a first (110, Figure 1) of said plurality of heaters via said first ejector inlet and to simultaneously evacuate gaseous hydrogen from at least a second heater (120, Figure 1) of said plurality of heaters via said second ejector inlet (Paragraphs [0025-0027] and See Annotated Figure 1 below, the gas is evacuated from the second heater simultaneously as the gas is provided from the first heater to properly empty the residual gas from the second heater). Pohjoranta does not disclose: A hydrogen refueling station; and wherein the hydrogen refueling station comprises a temperature management system, comprising a controller and a temperature sensor. Chen teaches a hydrogeneration system, comprising: A hydrogen refueling station (Figure 1, the hydrogen refueling station is the combination of the storage, compressor, liquid hydrogen tank, cryogenic pump, heat exchanger, ejector and hydrogeneration gun). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Pohjoranta to include a hydrogen refueling station as taught by Chen with the motivation to refuel a consumer vehicle in order to reduce potential emissions from the vehicle that may harm the environment. Pohjoranta and Chen do not teach: wherein the hydrogen refueling station comprises a temperature management system, comprising a controller and a temperature sensor. Uemura teaches a hydrogen replenishing device, comprising: wherein the hydrogen refueling station (14, Figure 1) comprises a temperature management system (Paragraph [0041], the controller and the heating controller are the temperature management system), comprising a controller (40, Figure 1) and a temperature sensor (56, Figure 1). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Pohjoranta and Chen to include the hydrogen refueling station comprises a temperature management system, comprising a controller and a temperature sensor as taught by Uemura with the motivation to ensure the hydrogen gas in the tank is not overheated that may lead to the gas being insufficiently cooled. Pohjoranta, Figure 1 (Annotated by Examiner) PNG media_image1.png 790 1169 media_image1.png Greyscale Regarding Claim 14: Pohjoranta discloses: an array of ejectors (130 and 140, Figure 1). Pohjoranta and Uemura do not teach: A hydrogen refueling station. Chen teaches: A hydrogen refueling station (Figure 1, the hydrogen refueling station is the combination of the storage, compressor, liquid hydrogen tank, cryogenic pump, heat exchanger, ejector and hydrogeneration gun). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Pohjoranta to include a hydrogen refueling station as taught by Chen with the motivation to refuel a consumer vehicle in order to reduce potential emissions from the vehicle that may harm the environment. Regarding Claim 22: Pohjoranta discloses: wherein gaseous hydrogen received at said first ejector inlet of said at least one ejector and gaseous hydrogen received at said second ejector inlet (Paragraph [0026], gaseous hydrogen is provided to the first and second ejector inlets) of said at least one ejector (130 and 140, Figure 1) and out of the ejector outlet to an application (150, Figure 1). Pohjoranta and Uemura do not teach: wherein gaseous hydrogen received at said first ejector inlet of said at least one ejector and gaseous hydrogen received at said second ejector inlet of said at least one ejector is provided to a receiving vessel of a vehicle connected to a dispenser of said hydrogen refueling station via said ejector outlet of said ejector. Chen teaches: at least one ejector (6, Figure 1) is provided to a receiving vessel of a vehicle (8, Figure 1) connected to a dispenser (7, Figure 1) of said hydrogen refueling station via said ejector outlet of said ejector (Paragraphs [0028] and [0030]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Pohjoranta to include at least one ejector is provided to a receiving vessel of a vehicle connected to a dispenser of said hydrogen refueling station via said ejector outlet of said ejector as taught by Chen with the motivation to have stability of the outlet pressure while providing reliable, high-efficiency operation to prevent potential damage to other components within the system. Claims 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over Pohjoranta in view of Chen in further view of Uemura and Gurov (RU 2637155 C1). Regarding Claim 2: Pohjoranta discloses: said plurality of heaters (110 and 120, Figure 1) are configured to heat liquid hydrogen (Paragraphs [0021-0022]). Pohjoranta, Uemura, and Chen do not teach: wherein said plurality of heaters are configured to isochoric heating of liquid hydrogen. Gurov teaches a method of supplying high pressure hydrogen, comprising: wherein said heater (4, Figure 1, the gasifier-storage unit is the heater) is configured to isochoric heating of liquid hydrogen (Paragraph [0021]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Pohjoranta, Uemura, and Chen to include said heater are configured to isochoric heating of liquid hydrogen as taught by Gurov with the motivation to quickly provide high pressure hydrogen gas to the consumer to prevent long wait times. Through the combination of Pohjoranta, Chen, Uemura, and Gurov, the heaters of Pohjoranta can perform isochoric heating as seen in Gurov. Regarding Claim 3: Pohjoranta discloses: at least one heater (110, Figure 1) of said plurality of heaters (110 and 120, Figure 1). Pohjoranta, Uemura, and Chen do not teach: wherein at least one heater of said plurality of heaters are configured to heat said hydrogen based on heat transfer from a surrounding of said at least one heater to said heater. Gurov teaches a method of supplying high pressure hydrogen, comprising: wherein at least one heater (4, Figure 1, the gasifier-storage unit is the heater) is configured to heat said hydrogen based on heat transfer from a surrounding (Paragraph [0021]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Pohjoranta, Uemura, and Chen to include at least one heater is configured to heat said hydrogen based on heat transfer from a surrounding as taught by Gurov with the motivation to quickly provide high pressure hydrogen gas to the consumer to prevent long wait times. Through the combination of Pohjoranta, Chen, Uemura, and Gurov, the heaters of Pohjoranta can use the environment to produce hydrogen gas as seen in Gurov where the heaters would affect each others surroundings. Claims 7 and 38 are rejected under 35 U.S.C. 103 as being unpatentable over Pohjoranta in view of Chen in further view of Uemura and Lee (KR 20130084537 A). Regarding Claim 7: Pohjoranta discloses: a controller (Paragraph [0030]). Pohjoranta, Uemura, and Chen do not teach: wherein said temperature management system further comprises conduits thermally connecting said plurality of heaters enabling transfer of heat among said plurality of heaters. Lee teaches a fuel supply system, comprising: wherein said temperature management system (500 and 200, Figure 17) further comprises conduits (551 and 200, Figure 17) thermally connecting said plurality of heaters (210 and 310, Figure 17) enabling transfer of heat among said plurality of heaters (Paragraphs [0221-0223]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Pohjoranta, Uemura, and Chen to include said temperature management system further comprises conduits thermally connecting said plurality of heaters enabling transfer of heat among said plurality of heaters as taught by Lee with the motivation to selectively supply the amount of heat required to the heaters to allow for better energy consumption. Regarding Claim 38: Pohjoranta discloses: a controller (Paragraph [0030]). Pohjoranta, Uemura, and Chen do not teach: wherein said temperature management system further comprises conduits thermally connecting said plurality of heaters enabling transfer of heat among said plurality of heaters. Lee teaches a fuel supply system, comprising: wherein said temperature management system (500 and 200, Figure 17) further comprises conduits (551 and 200, Figure 17) thermally connecting said plurality of heaters (210 and 310, Figure 17) enabling transfer of heat among said plurality of heaters (Paragraphs [0221-0223]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Pohjoranta, Uemura, and Chen to include said temperature management system further comprises conduits thermally connecting said plurality of heaters enabling transfer of heat among said plurality of heaters as taught by Lee with the motivation to selectively supply the amount of heat required to the heaters to allow for better energy consumption. Claims 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Pohjoranta in view of Chen in further view of Uemura and Shimada (US 20050003246 A1). Regarding Claim 10: Pohjoranta discloses: a controller (Paragraph [0030]) and the heater is filled with liquid hydrogen (Paragraph [0026]). Pohjoranta, Uemura and Chen do not teach: wherein the temperature management system is configured for cooling one of said plurality of heaters before said one heater is filled with liquid hydrogen. Shimada teaches a hydrogen replenishing device, comprising: wherein the temperature management system (22, Figure 1, the temperature controlling device is the temperature management system) is configured for cooling one of said plurality of heaters (12, Figure 1, the hydrogen storage device with the hydrogen absorbing alloy is the heater) before said one heater is filled with hydrogen (Paragraphs [0038] and [0045-0046], the heater is cooled to a predetermined temperature prior to hydrogen entering the heater). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Pohjoranta, Uemura, and Chen to include the temperature management system is configured for cooling one of said plurality of heaters before said one heater is filled with liquid hydrogen as taught by Shimada with the motivation to store hydrogen gas at different pressures and temperatures to allow for the hydrogen to be transported to another tank in a limited time. Regarding Claim 11: Pohjoranta discloses: Said one heater (110, Figure 1) that allows liquid hydrogen to enter said one heater (Paragraph [0025-0026]). Pohjoranta, Uemura, and Chen do not teach: wherein said one heater is cooled to a predefined temperature before liquid hydrogen is allowed to enter said one heater. Shimada teaches a hydrogen replenishing device, comprising: wherein said one heater (12, Figure 1, the hydrogen storage device with the hydrogen absorbing alloy is the heater) is cooled to a predefined temperature before hydrogen is allowed to enter said one heater (Paragraphs [0038] and [0045-0046], the heater is cooled to a predetermined temperature prior to hydrogen entering the heater). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Pohjoranta, Uemura, and Chen to include said one heater is cooled to a predefined temperature before hydrogen is allowed to enter said one heater as taught by Shimada with the motivation to store hydrogen gas at different pressures and temperatures to allow for the hydrogen to be transported to another tank in a limited time. Claims 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Pohjoranta in view of Chen in further view of Uemura and Cano (US 6722399 B1). Regarding Claim 15: Pohjoranta discloses: the ejectors of said array of ejectors (Figure 1, the array of ejectors is 130 and 140). Pohjoranta, Uemura, and Chen do not teach: wherein the ejectors of said array of ejectors have a different internal geometry. Cano teaches a system for unloading compressed gas, comprising: wherein the ejector (36, Figure 1) has a different internal geometry (Column 4, Lines 36-40). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Pohjoranta, Uemura, and Chen to include the ejector has a different internal geometry as taught by Cano with the motivation to maintain desired pressure and flow rate from the ejector for dispensing while increasing system flexibility and efficiency. Through the combination of Pohjoranta, Chen, Uemura, and Cano, the plurality of ejectors of Pohjoranta will be able to have different internal geometries as Cano teaches that the ejector has variable geometry. Regarding Claim 16: Pohjoranta discloses: at least one ejector (130 and 140, Figure 1). Pohjoranta, Uemura, and Chen do not teach: wherein said at least one ejector has variable internal geometry. Cano teaches a system for unloading compressed gas, comprising: wherein said at least one ejector (36, Figure 1) has variable internal geometry (Column 4, Lines 36-40). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Pohjoranta, Uemura, and Chen to include said at least one ejector has variable internal geometry as taught by Cano with the motivation to maintain desired pressure and flow rate from the ejector for dispensing while increasing system flexibility and efficiency. Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Pohjoranta in view of Chen in further view of Uemura and Choi (KR 20170078014 A). Regarding Claim 20: Pohjoranta discloses: said second ejector inlet (See Annotated Figure 1 above) of said at least one ejector (130, Figure 1) of said plurality of ejectors (130 and 140, Figure 1) is connectable to hydrogen storage tank (100, Figure 1). Pohjoranta, Uemura, and Chen do not teach: wherein said second ejector inlet of said at least one ejector of said plurality of ejectors is connectable to an upper inlet of said hydrogen storage tank. Choi teaches a treatment system of gas, comprising: wherein said second ejector inlet (Figure 1, the second ejector inlet is connected to line L2) of said at least one ejector (40, Figure 1, the suction device is the ejector) is connectable to an upper inlet of said hydrogen storage tank (Figure 1, the upper inlet is where the line (L2) is connected to the hydrogen storage tank (10)). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Pohjoranta, Uemura, and Chen to include said second ejector inlet of said at least one ejector is connectable to an upper inlet of said storage tank as taught by Choi with the motivation to save energy while improving reliability by using the evaporation gas with the ejector. Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Pohjoranta in view of Chen in further view of Uemura and Kederer (US 20080216913 A1). Regarding Claim 21: Pohjoranta discloses: the hydrogen storage tank (100, Figure 1). Pohjoranta, Uemura, and Chen do not teach: wherein the hydrogen refueling station comprises a compressor fluidly connected to a hydrogen buffer tank and/or comprises a compressor fluidly connected to the hydrogen storage tank and/or comprises a compressor fluidly connected to at least one ejector outlet of said plurality of ejectors. Krederer teaches a hydrogen service station, comprising: wherein the hydrogen refueling station (Paragraph [0022]) comprises a compressor (V, Figure 1) fluidly connected to a hydrogen buffer tank (Z, Figure 1, the intermediate reservoir is the hydrogen buffer tank) or comprises a compressor (V, Figure 1) fluidly connected to the hydrogen storage tank (S, Figure 1). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Pohjoranta, Uemura, and Chen to include the hydrogen refueling station comprises a compressor fluidly connected to a hydrogen buffer tank or comprises a compressor fluidly connected to the hydrogen storage tank as taught by Krederer with the motivation to dispense both a liquid and a gas to a vehicle to increase the number of customers visiting the service station. Claims 23, 27, 31 and 35-36 are rejected under 35 U.S.C. 103 as being unpatentable over Pohjoranta (US 20210341105 A1) in view of Chen (CN 112344207 A) in further view of Uemura (US 20100307636 A1) and Shimada (US 20050003246 A1). Regarding Claim 23: Pohjoranta discloses a cryogenic fluid management system, comprising: - establishing a flow of liquid hydrogen from a storage tank (100, Figure 1) to a first heater (110, Figure 1),receiving said liquid hydrogen in a fixed volume (Paragraph [0021], the pressure tank is the heater with a fixed volume); - increase pressure in said first heater (110, Figure 1) by establish a phase shift from liquid hydrogen to gaseous hydrogen in said first heater (Paragraph [0021]); - decrease pressure in said first heater (110, Figure 1) by allowing hydrogen in gaseous state to flow from said first heater (Paragraph [0023], the pressure in the heater decreases as gas is supplied to the ejector) to a first inlet (See Annotated Figure 1 below) of an ejector (130 and 140, Figure 1). Pohjoranta does not disclose: A method for filling a receiving vessel with hydrogen gas, comprising: - allow flow of gaseous hydrogen from a hydrogen supply to a second inlet of said ejector, wherein said flow is created by the flow of gaseous hydrogen entering said first inlet; and - guide said flow of gaseous hydrogen, mixed from said first and second inlets of said ejector, from an outlet of said ejector to a receiving vessel wherein said step of increasing pressure in said first heater is controlled by a temperature management system comprising a controller and a temperature sensor. Chen teaches a hydrogeneration system, comprising: A method for filling a receiving vessel with hydrogen gas (Paragraph [0028], the receiving vessel is the fuel cell vehicle), comprising: - allow flow of gaseous hydrogen from a hydrogen supply (1, Figure 1) to a second inlet (See Annotated Figure 1 below) of said ejector (6, Figure 1), wherein said flow is created by the flow of gaseous hydrogen entering said first inlet (Paragraph [0030]); and - guide said flow of gaseous hydrogen, mixed from said first and second inlets of said ejector, from an outlet of said ejector to a receiving vessel (Paragraphs [0028] and [0030], the inlets of the ejector (6) obtain gas from the inlets and from the outlet supplies a vehicle). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Pohjoranta to include a method for filling a receiving vessel with hydrogen gas, allow flow of gaseous hydrogen from a hydrogen supply to a second inlet of said ejector, wherein said flow is created by the flow of gaseous hydrogen entering said first inlet, and guide said flow of gaseous hydrogen, mixed from said first and second inlets of said ejector, from an outlet of said ejector to a receiving vessel as taught by Chen with the motivation to refuel a consumer vehicle in order to reduce potential emissions from the vehicle that may harm the environment. Pohjoranta and Chen do not teach: wherein said step of increasing pressure in said first heater is controlled by a temperature management system comprising a controller and a temperature sensor. Shimada teaches a hydrogen replenishing device, comprising: wherein said step of increasing pressure (Paragraph [0046]) in said first heater (12, Figure 1, the hydrogen storage device with the hydrogen absorbing alloy is the heater) is controlled by a temperature management system (22, Figure 1, the temperature controlling device is the temperature management system) comprising a controller (Paragraph [0038]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Pohjoranta and Chen to include said step of increasing pressure in said first heater is controlled by a temperature management system as taught by Shimada with the motivation to store hydrogen gas at different pressures and temperatures to allow for the hydrogen to be transported to another tank in a limited time. Pohjoranta, Shimada, and Chen do not teach: a temperature management system comprising a controller and a temperature sensor. Uemura teaches a hydrogen replenishing device, comprising: a temperature management system (Paragraph [0041], the controller and the heating controller are the temperature management system), comprising a controller (40, Figure 1) and a temperature sensor (56, Figure 1). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Pohjoranta, Shimada, and Chen to include a temperature management system, comprising a controller and a temperature sensor as taught by Uemura with the motivation to ensure the hydrogen gas in the tank is not overheated that may lead to the gas being insufficiently cooled. Pohjoranta, Figure 1 (Annotated by Examiner) PNG media_image1.png 790 1169 media_image1.png Greyscale Figure 1, Chen (Annotated by Examiner) PNG media_image2.png 424 761 media_image2.png Greyscale Regarding Claim 27: Pohjoranta discloses: establishing a flow of liquid hydrogen from the storage tank (100, Figure 1) to a second heater (120, Figure 1), receiving said liquid hydrogen in a fixed volume of said second heater (Paragraph [0021], the pressure tank is the heater with a fixed volume); terminating said flow from said first heater (110, Figure 1) to said first inlet (See Annotated Figure 1 below) of said ejector (130 and 140, Figure 3), when a fueling pressure drops below a predefined threshold (Paragraphs [0025-0026], the first heater stops being the primary flow and drops when the flow is at a lower pressure); increase a pressure in a second heater (120, Figure 1) by heating said liquid hydrogen received in a fixed volume of said second heater by said second heater (Paragraph [0021], the pressure is increased in the second heater); decrease pressure in said second heater (120, Figure 1) by allowing hydrogen in gaseous state to flow from said second heater (Paragraph [0025-0026], the pressure is decreased in the second heater) to said first inlet (See Annotated Figure 1 above) of said ejector (130 and 140, Figure 1); evacuate gaseous hydrogen from said first heater (110, Figure 1) by establishing a flow of hydrogen from an outlet of said first heater (110, Figure 1) to said second inlet (See Annotated Figure 1 above) of said ejector (130 and 140, Figure 1), wherein said flow is established by said flow of gaseous hydrogen from said second heater (120, Figure 1) to said first inlet (See Annotated Figure 1) of said ejector (130 and 140, Figure 1). Pohjoranta, Shimada, and Uemura do not teach: - guide said flow of gaseous hydrogen, mixed from said first and second inlets of said ejector, from an outlet of said ejector to a receiving vessel. Chen teaches: - guide said flow of gaseous hydrogen, mixed from said first and second inlets of said ejector, from an outlet of said ejector to a receiving vessel (Paragraphs [0028] and [0030], the inlets of the ejector (6) obtain gas from the inlets and from the outlet supplies a vehicle). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Pohjoranta, Shimada, and Uemura to include guide said flow of gaseous hydrogen, mixed from said first and second inlets of said ejector, from an outlet of said ejector to a receiving vessel as taught by Chen with the motivation to adjust the temperature of the hydrogen gas in the outlet to maintain the gas in a safe range in order to prevent damage to the vehicle tank of the customer. Regarding Claim 31: Pohjoranta discloses: Said first (110, Figure 1) and second (120, Figure 1) heaters. Pohjoranta, Uemura, and Chen do not teach: wherein the method further comprises the step of pre-cooling of said first and / or second heaters. Shimada teaches: the step of pre-cooling of said first heater (Paragraphs [0038] and [0045-0046], the heater (12) is the hydrogen storage device with the hydrogen absorbing alloy which is cooled to a predetermined temperature prior to hydrogen entering the heater). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Pohjoranta, Uemura, and Chen to include said the step of pre-cooling of said first heater as taught by Shimada with the motivation to have the temperature of the alloy be at a predetermined temperature to allow for better dissociation. Regarding Claim 35: Pohjoranta discloses: Said first (110, Figure 1) and second (120, Figure 1) heaters. Pohjoranta, Uemura, and Chen do not teach: Wherein said receiving vessel is supplied with gaseous hydrogen from a heater, of a plurality of heaters, having the lowest usable fueling pressure. Shimada teaches: Wherein said receiving vessel (50, Figure 1) is supplied with gaseous hydrogen from a heater (12, Figure 1, the hydrogen storage device with the hydrogen absorbing alloy is the heater), of a plurality of heaters (11, 12, 13, and 14, Figure 1), having the lowest usable fueling pressure (Paragraph [0054]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Pohjoranta, Uemura, and Chen to include said receiving vessel is supplied with gaseous hydrogen from a heater, of a plurality of heaters, having the lowest usable fueling pressure as taught by Shimada with the motivation to fill the vehicle tank in a cascade configuration to allow for faster filling. Regarding Claim 36: See the rejection of claim 23 above for the method. Pohjoranta discloses: a plurality of heaters (110 and 120, Figure 1 and Paragraph [0021], the pressure tanks are the plurality of heaters); at least one ejector (130 and 140, Figure 1) comprising a first ejector inlet, a second ejector inlet, and an ejector outlet (See Annotated Figure 1 above); a hydrogen storage tank (110, Figure 1) fluidly connectable to said first ejector inlet and said second ejector inlet (See Annotated Figure 1 below) via said plurality of heaters (110 and 120, Figure 1), and configured to store liquid hydrogen (Paragraph [0020], the hydrogen storage tank holds liquid hydrogen); valves (111, 112, 113, 116, 117, and 118, Figure 1) configured to control a flow of said liquid hydrogen in conduits between said hydrogen storage tank (100, Figure 1) and said plurality of heaters (110 and 120, Figure 1) and gaseous hydrogen in conduits (Figure 1, the gaseous hydrogen conduits are between the heaters and ejectors) between said plurality of heaters (110 and 120, Figure 1) and said at least one ejector (130 and 140, Figure 1); and wherein said at least one ejector (130 and 140, Figure 1) is configured to receive gaseous hydrogen from at least a first (110, Figure 1) of said plurality of heaters via said first ejector inlet and to simultaneously evacuate gaseous hydrogen from at least a second heater (120, Figure 1) of said plurality of heaters via said second ejector inlet (Paragraphs [0025-0027] and See Annotated Figure 1 below, the gas is evacuated from the second heater simultaneously as the gas is provided from the first heater to properly empty the residual gas from the second heater). Pohjoranta, Shimada, and Chen do not teach: wherein the hydrogen refueling station comprises a temperature management system, comprising a controller and a temperature sensor. Uemura teaches a hydrogen replenishing device, comprising: wherein the hydrogen refueling station (14, Figure 1) comprises a temperature management system (Paragraph [0041], the controller and the heating controller are the temperature management system), comprising a controller (40, Figure 1) and a temperature sensor (56, Figure 1). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Pohjoranta, Shimada, and Chen to include the hydrogen refueling station comprises a temperature management system, comprising a controller and a temperature sensor as taught by Uemura with the motivation to ensure the hydrogen gas in the tank is not overheated that may lead to the gas being insufficiently cooled. Claim 24 is rejected under 35 U.S.C. 103 as being unpatentable over Pohjoranta in view of Chen in further view of Uemura, Shimada, and Balasubramanian (US 20090151809 A1). Regarding Claim 24: Pohjoranta discloses: Said outlet (See Annotated Figure 1 above) and the step of terminating flow from said outlet (Paragraphs [0023] and [0026-0027], the flow from the outlet is terminated when the heater reaches the application pressure). Pohjoranta, Uemura, Shimada, and Chen do not teach: the step of terminating flow from said outlet when a target pressure in the receiving vessel is reached. Balasubramanian teaches a cascade storage system, comprising: the step of terminating flow when a target pressure in the receiving vessel is reached (Paragraph [0022], the filling is stopped when the desired filling pressure is reached in the receiving vessel (106)). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Pohjoranta, Uemura, Shimada and Chen to include the step of terminating flow when a target pressure in the receiving vessel is reached as taught by Balasubramanian with the motivation to ensure the vehicle tank is not overfilled which may lead to the damage of the vehicle tank. Claim 25 is rejected under 35 U.S.C. 103 as being unpatentable over Pohjoranta in view of Chen in further view of Uemura, Shimada, and Cano (US 6722399 B1) Regarding Claim 25: Pohjoranta discloses: the ejectors (130 and 140, Figure 1). Pohjoranta, Shimada, Uemura and Chen do not teach: the step of controlling pressure out of ejector by adjusting the geometry of the ejector. Cano teaches a system for unloading compressed gas, comprising: the step of controlling pressure out of ejector (36, Figure 1) by adjusting the geometry of the ejector (Column 4, Lines 36-40, Column 4, Line 67 to Column 5, lines 1-3, the pressure is controlled by adjusting the ejector geometry). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Pohjoranta, Shimada, Uemura, and Chen to include the step of controlling pressure out of ejector by adjusting the geometry of the ejector as taught by Cano with the motivation to maintain desired pressure and flow rate from the ejector for dispensing while increasing system flexibility and efficiency. Claim 39 is rejected under 35 U.S.C. 103 as being unpatentable over Pohjoranta in view of Chen in further view of Uemura and Ogino (US 6294276 B1). Regarding Claim 39: Pohjoranta discloses: the plurality of heaters (110 and 120, Figure 1). Pohjoranta and Chen do not teach: wherein the temperature management system is configured to control the heating of hydrogen by said plurality of heaters. Uemura teaches: wherein the temperature management system is configured to control the heating of hydrogen (Paragraphs [0035] and [0041]) by said heater (16a, Figure 1). Pohjoranta, Uemura and Chen do not teach: wherein the temperature management system is configured to control the heating of hydrogen by said plurality of heaters. Ogino teaches a hydrogen manufacturing and supplying apparatus, comprising: wherein the temperature management system (60, Figure 1, the controller is the temperature management system) is configured to control the heating (Lines 25-33, the controller controls the heating by controlling the constituents) by said heater (25, Figure 1, the evaporator heater is the heater). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Pohjoranta, Uemura, and Chen to include the temperature management system is configured to control the heating by said heater as taught by Ogino with the motivation to raise the temperature of the gas to a desired temperature for further use of the gas. Allowable Subject Matter Claims 37 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. The following is a statement of reasons for the indication of allowable subject matter: The closest pieces of prior art are Pohjoranta (US 20210341105 A1) in view of Chen (CN 112344207 A) in further view of Uemura (US 20100307636 A1). Regarding Claim 37: Pohjoranta, Chen, and Uemura teach all of the limitations seen in claim 1 for the hydrogen refueling station. Claim 37 recites the limitation “wherein said temperature management system is configured to heat at least one heater of said plurality of heaters by transferring heat from a heater of said plurality of heaters that has a temperature, which is higher than the temperature of said at least one heater” in lines 1-4 of the claim. The limitation in view of all other limitations seen in claims 1 and 37 are not taught in the prior art of record and would further modify Pohjoranta and Uemura that could lead to hindsight. However, full determination of allowability for the application will be made once all objections and rejections are overcome. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Delahunty (US 3733838 A) teaches a system for recondensing boil-off vapor comprising an ejector, a storage tank, a heater exchanger, and valves. Kim (US 20170217555 A1) teaches a system for supplying fuel comprising a storage tank, valves, an ejector, and a heater. Leachman (US 20160146401 A1) teaches hydrogen fueling systems comprising a refueling station, a storage tank, a buffer tank, a heater, a controller, and conduits. Osborne (US 9601788 B2) teaches a varying wall geometry ejector comprising variable interior geometry. Chalk (US 9494281 B2) teaches a compressor assembly comprising a gas, valves, and multiple heaters. 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 STEPHANIE A SHRIEVES whose telephone number is (571)272-5373. The examiner can normally be reached Monday to Friday: 9:30AM to 5:30PM. 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, Kenneth Rinehart can be reached at (571) 272-4881. 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. /STEPHANIE A SHRIEVES/Examiner, Art Unit 3753 /KENNETH RINEHART/Supervisory Patent Examiner, Art Unit 3753
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Prosecution Timeline

Mar 13, 2024
Application Filed
Mar 13, 2024
Response after Non-Final Action
May 16, 2025
Non-Final Rejection — §103, §112
Sep 11, 2025
Response Filed
Dec 30, 2025
Final Rejection — §103, §112 (current)

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3-4
Expected OA Rounds
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Grant Probability
92%
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2y 3m
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