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
Applicant's election with traverse of Species I in the reply filed on April 02nd, 2026 is acknowledged. The traversal is on the ground(s) that “Initially, the restriction requirement is traversed. The inventions are linked at least because the Neubacher does not disclose or suggest a cryogenic valve arranged in the filler neck or in a space that is connected to the filler neck. Claim 7 is amended to further clarify that the cryogenic valve is removable from the filler neck. Neubacher teaches that the valve is arranged in the space between the inner and outer tank, with no discloser of a filler neck providing access to the valve. Further, there is no disclosure that the value is removable upon removal of the fuelling coupling. Thus, unity of invention is satisfied and withdrawal of the restriction requirement is respectfully requested”. This is not found persuasive because no defining structure of the thermally insulated filler neck was claimed and was only claimed to be “configured to accommodate a fueling coupling on the side of the vehicle” and therefore section A as depicted in the Annotated Fig. 1 of Neubacher below was interpreted by the Examiner to meet the limitations of claim 7. The Examiner further the Examiner cited MPEP § 2144.04-V-C to show it is obvious to make component separable.
The requirement is still deemed proper and is therefore made FINAL.
Claims 9-11 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on April 02nd, 2026. Further, although Applicant indicated claim 11 as being drawn to the elected Species I, the Examiner is withdrawing claim 11 as being directed to nonelected Species II and IV as the internal tank pressure control valve is only depicted in Fig. 2 and 4 which correspond to Species II and IV.
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Annotated Fig. 1 of Neubacher
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 “vehicle” and “filling station” of claims 7 and 8, respectively, 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.
Specification
The disclosure is objected to because of the following informalities:
Pg. 14: “the fuelling coupling 6 on the side of the vehicle 6.” should read “the fuelling coupling 6 on the side of the vehicle.”
Appropriate correction is required.
Claim Objections
Claims 7-8 and 12 objected to because of the following informalities:
Claim 7, line 13: “the fuelling coupling on a side of a vehicle” should read “the fuelling coupling on the side of the vehicle”.
Claim 8, line 1 “A cryogenic tank according to claim 7” should read “The cryogenic tank according to claim 7”
Claim 8 is also objected to by virtue of its dependency on claim 7.
Claim 12 is also objected to by virtue of its dependency on claim 8.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
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.
Claims 7-8 and 12 are 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 7 recites the limitation "the side of the vehicle" in lines 5-6. There is insufficient antecedent basis for this limitation in the claim. The Examiner recommends changing “the side of the vehicle" in lines 5-6 to “a side of a vehicle”. For purposes of examination, the Examiner will interpret the claim as recommended herein.
Claim 7, lines 8-9 recite, “wherein the thermally insulated filler neck is configured to accommodate a fuelling coupling” which is unclear to the Examiner as lines 5-6 of claim 7 already positively recite, “a thermally insulated filler neck configured to accommodate a fuelling coupling on the side of the vehicle”. For purposes of examination, the Examiner will interpret the recitation of lines 8-9 to be purely duplicative. The Examiner recommends removing “wherein the thermally insulated filler neck is configured to accommodate a fuelling coupling”.
Claim 12 recites the limitation "the cryogenic check valve" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim. The Examiner recommends changing “the cryogenic check valve" in lines 1-2 to “the electromechanical check valve” which is given proper antecedent basis in claim 8 from which claim 12 depends. For purposes of examination, the Examiner will interpret the cryogenic check valve and the electromechanical check valve to be the same components.
Claim 8 is also rejected by virtue of its dependency on claim 7.
Claim 12 is also rejected by virtue of its dependency on claim 8.
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 7 is rejected under 35 U.S.C. 103 as being unpatentable over Szoucsek et al. (DE 102019125186), hereinafter Szoucsek in view of Reese et al. (US 20140175790), hereinafter Reese.
Regarding claim 7, Szoucsek discloses a cryogenic tank (Fig. 1, inner container 100, outer container 200; Pg. 2, Abstract, According to the invention, the technology disclosed here relates to a pressure vessel, preferably a cryogenic pressure vessel with an inner vessel 100, an outer vessel 200 and an at least partially evacuated space V) comprising:
an internal tank configured to receive a cryogenic fuel (Fig. 1, inner container 100; Further, inner container 100 has the same structure as the claimed internal tank and is capable of functioning in the manner claimed),
an external tank that delimits an insulation chamber having insulation between the internal tank and the external tank to reduce heat input into the internal tank (Fig. 1, outer container 200; Pg. 12, The 1 shows schematically a view of the pressure vessel system disclosed here. The pressure vessel includes an inner vessel 100 from the outer container 200 is surrounded. Between the inner container 100 and the outer container 200 is the evacuated room V; Further, the teaching of an evacuated room Ve between the inner container 100 and the outer container 200 at least implies insulation between the internal tank and the external tank to reduce heat input into the internal tank 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)), and
a thermally insulated filler neck configured to accommodate a fuelling coupling on the side of the vehicle (Fig. 1, cryogenic filling connection 432, thermal insulation 433, check valves 439; Pg. 12, At the same time, two separate lines could also be provided for filling and removal. The pressure vessel here includes a cryogenic filling connection for filling 432 the one with the tank shut-off valve operated here at cryogenic temperatures 420 is fluid-connected. The fluid connection between the tank shut-off valve 420 and the cryogenic filling connection 432 is with thermal insulation 433 equipped, for example a partially vacuum-sealed room and I or insulation with foamed plastics and I or aerogels. The cryogenic filling connection 432 can be coupled with a corresponding coupling on the petrol station side. In addition, a further filling connection can preferably be used 434 be provided for hot refueling. The two filling connections are useful 432, 434 designed in such a way that the cryogenic filling connection 432 Pick up cryogenic fuel that has a fuel temperature that is at least 150 K or at least 180 K lower than the lowest fuel temperature that the further filling connection 434 can accommodate… At the filling connections 432, 434 are also check valves here 439 provided that prevent the fuel from flowing back into the filling station or into the environment; Further, the cryogenic filling connection 432 has the same structure as the claimed thermally insulated filler neck and is capable of functioning in the manner claimed),
wherein the cryogenic tank comprises at least one cryogenic valve arranged within the thermally insulated filler neck, wherein the thermally insulated filler neck is configured to accommodate a fuelling coupling (Fig. 1, cryogenic filling connection 432, thermal insulation 433, check valves 439; Pg. 12, At the same time, two separate lines could also be provided for filling and removal. The pressure vessel here includes a cryogenic filling connection for filling 432 the one with the tank shut-off valve operated here at cryogenic temperatures 420 is fluid-connected. The fluid connection between the tank shut-off valve 420 and the cryogenic filling connection 432 is with thermal insulation 433 equipped, for example a partially vacuum-sealed room and I or insulation with foamed plastics and I or aerogels. The cryogenic filling connection 432 can be coupled with a corresponding coupling on the petrol station side. In addition, a further filling connection can preferably be used 434 be provided for hot refueling. The two filling connections are useful 432, 434 designed in such a way that the cryogenic filling connection 432 Pick up cryogenic fuel that has a fuel temperature that is at least 150 K or at least 180 K lower than the lowest fuel temperature that the further filling connection 434 can accommodate… At the filling connections 432, 434 are also check valves here 439 provided that prevent the fuel from flowing back into the filling station or into the environment; Further, the cryogenic filling connection 432 has the same structure as the claimed thermally insulated filler neck and is capable of functioning in the manner claimed; As best understood, see 112(b) rejections above),
wherein the at least one cryogenic valve is configured to guide fuel flow during fuelling (Pg. 12, At the filling connections 432, 434 are also check valves here 439 provided that prevent the fuel from flowing back into the filling station or into the environment; Further, the check valve 439 has the same structure as the claimed thermally insulated filler neck and is capable of functioning in the manner claimed).
However, Szoucsek does not explicitly disclose wherein the at least one cryogenic valve is arranged in a compartment accessible via the thermally insulated filler neck and is configured to be removed upon removal of the fuelling coupling on a side of a vehicle.
Reese teaches wherein the at least one cryogenic valve is arranged in a compartment accessible via the thermally insulated filler neck and is configured to be removed upon removal of the fuelling coupling on a side of a vehicle (Fig. 1, check valve 6; Pg. 1-2, paragraph 30, According to the invention, a first insulating body 2 is arranged at the front end of the conduit R, while the coupling socket D exhibits a second insulating body 6 that corresponds to the first insulating body 2 and can move in an axial direction. It is arranged in the mentioned cylinder chamber 5, and preferably has a spring-loaded design. As a consequence, it performs the function of a spring-loaded check valve. This insulating body is used to ensure a thermal insulation toward the parting plane T in the decoupled state. In addition, the conduit R, first insulating body 2 and second insulating body 6 are sealed gastight. This is achieved with seals 3, 4 and 7. According to the invention, the cryogenic sections or parts of the coupling system are designed in such a way that they can guide the (cryogenic) medium insulated from the outer, warm sections, without the medium becoming directly sealed at cold temperatures; Pg. 2, paragraph 36, After the filling process is complete, the conduit R, and hence the first insulating body 2, are again retracted into the coupling plug S. The warm seal 10 ensures that the coupling plug S is sealed relative to the environment for the entire filling process. The seal between the coupling socket side D and the coupling socket-side second insulating body or check valve 6 is also established by means of a warm seal 7. The latter is arranged in such a way as not to be exposed to a flow and cooling in the filling process; Further, the check valve 6 of Reese has the same structure as the claimed cryogenic valve and is capable of functioning in the manner claimed).
Szoucsek fails to teach wherein the at least one cryogenic valve is arranged in a compartment accessible via the thermally insulated filler neck and is configured to be removed upon removal of the fuelling coupling on a side of a vehicle, however Reese teaches that it is a known method in the art of cryogenic fuel supply to include wherein the at least one cryogenic valve is arranged in a compartment accessible via the thermally insulated filler neck and is configured to be removed upon removal of the fuelling coupling on a side of a vehicle. This is strong evidence that modifying Szoucsek as claimed would produce predictable results (i.e. improving the ease of maintenance of the system 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 Szoucsek by Reese 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 improving the ease of maintenance of the system to improve overall system efficiencies.
Claims 8 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Szoucsek as modified by Reese as applied to claim 7 above, and further in view of Dusa et al. (US Patent No. 7,832,375), hereinafter Dusa.
Regarding claim 8, Szoucsek as modified discloses a cryogenic tank according to claim 7 (see the combination of references used in the rejection of claim 7 above), wherein the at least one cryogenic valve comprises a check valve configured to guide a liquid or supercritical fuel flow during fuelling from a filling station into the internal tank, wherein the check valve is open during fuelling (Szoucsek, Fig. 1, check valves 439; Pg. 12, At the filling connections 432, 434 are also check valves here 439 provided that prevent the fuel from flowing back into the filling station or into the environment; Further, the check valve 439 has the same structure as the claimed thermally insulated filler neck and is capable of functioning in the manner claimed).
However, Szoucsek as modified does not explicitly disclose the check valve to be electromechanical check valve.
Dusa teaches the use of either mechanical check valves or electromechanical check valves to be interchangeable (Fig. 1, low pressure regulation device 144, high pressure regulation device 148; Col. 2, lines 46-48 and 61-64, In some embodiments, low pressure regulation device 144 may include a mechanical or electromechanical check valve or pressure relief valve… In some embodiments, high pressure regulation device 148 may include a mechanical or electromechanical check valve, or a fuel pressure regulator; Col. 3, lines 16-23, As another example, control system 160 may be configured to adjust a pressure regulation setting of one or more of low pressure regulation device 144 and high pressure regulation device 148 to vary a pressure at which the fuel is provided to fuel rail 130, such as where devices 144 or 144 include electromechanical check valves or electromechanical pressure regulators that enable their pressure settings to be adjusted).
Therefore, it would have been obvious before the effective filing date of the claimed invention to replace the generic check valve of Szoucsek as modified with an electromechanical check valve as taught by Dusa. One of ordinary skill in the art would have been motivated to make this modification so the pressure settings of the check valve can be adjusted to improve overall system efficiencies (Dusa, Col. 3, lines 16-23).
Regarding claim 12, Szoucsek as modified discloses the cryogenic tank according to claim 8 (see the combination of references used in the rejection of claim 8 above), wherein the cryogenic check valve is configured to be pushed into an open position during fuelling of the cryogenic tank due to a pressure difference between the filling station and the internal tank (Szoucsek, Fig. 1, check valves 439; Pg. 12, At the filling connections 432, 434 are also check valves here 439 provided that prevent the fuel from flowing back into the filling station or into the environment; Further, the check valve 439 has the same structure as the claimed thermally insulated filler neck and is capable of functioning in the manner claimed; As best understood, see 112(b) rejections above).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Chen (US Patent No. 8,322,357) discloses a similar cryogenic tank.
Ehegartner et al. (US 20230408038) discloses a similar insulated filler neck for a cryogenic tank.
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 April 16, 2026
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