FINAL OFFICE 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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 30 June, 2026 is being considered by the examiner.
Response to Amendment
This Final Office Action is in response to Applicant’s Remarks/Amendments filed on 19 May, 2026. The amendments have been entered.
Claim Rejections - 35 USC § 112
Applicant’s amendments, see pages 2-5, filed 19 May, 2026, with respect to claims 37-56, under 35 U.S.C. 112(b), have been fully considered and are persuasive. The rejections of claims 37-56, under 35 U.S.C. 112(b), have been withdrawn.
Claim Rejections - 35 USC § 103
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.
Claim(s) 37-39, 41-42, 44, 46-54, and 56 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by FAYER (US 2023/0272881 A1 – effectively filed 21 June, 2021), in view of POHANISH (NPL: Table 17 (pg. 278-279) of Pohanish, Richard P. McCauley, Christopher J. Brengelman, Laura. (2020). Machinery’s Handbook Pocket Companion (2nd Edition). Industrial Press. Retrieved from https://app.knovel.com/hotlink/toc/id:kpMHPCE001/machinery-s-handbook/machinery-s-handbook. ) and LOVEDAY (US 2,951,348).
As to claim 37, FAYER discloses a cryogenic vessel arrangement for storage of cryogenic liquids (abstract), the arrangement comprising:
an outer wall (5) defining an external periphery of the vessel arrangement 9par. 50-53 and 56);
an inner wall (4) spaced inwardly from said outer wall (par. 50) so as to define therebetween an insulation volume of the vessel arrangement (par. 60), wherein the inner wall defines a containment volume of the vessel arrangement internally of the inner wall (par. 43-44, in view of par. 41); and
a liner member (2) spaced inwardly and apart from the inner wall and located within said containment volume (par. 43-44), the liner member configured to receive and contain a cryogenic liquid (par. 41), the liner member being fully closed (par. 41, wherein the liner member is sealed to store cryogenic liquid), wherein a thermal capacitance of the liner member is less than that of the inner wall (see Table 1, in view of NPL references).
"To serve as an anticipation when the reference is silent about the asserted inherent characteristic, such gap in the reference may be filled with recourse to extrinsic evidence. Such evidence must make clear that the missing descriptive matter is necessarily present in the thing described in the reference, and that it would be so recognized by persons of ordinary skill." Continental Can Co. USA v. Monsanto Co., 948 F.2d 1264, 1268, 20 USPQ2d 1746, 1749-50 (Fed. Cir. 1991).
As disclosed by FAYER, the inner wall (4) can be constructed of materials (par. 45) inclusive of at least stainless steel (par. 45, wherein type 316 and 304 is included within the envisioned materials applied to the invention of FAYER, par. 42) and the liner (2) can be constructed of materials (par. 42) inclusive of at least aluminum (par. 42, wherein type 6061 and 2024 is included within the envisioned materials applied to the invention of FAYER, par. 42). Intrinsic material properties (i.e., density (
ρ
) and specific heat (
C
p
)) of stainless steel and aluminum are set forth within Table 1. More so, thermal capacitance (
C
t
h
) is based on the relationship between the amount of material and the specific heat of the material, wherein the amount of material can be characterized by mass (
m
)
, multiplicity of volume (
V
) and density (
ρ
), or multiplicity of surface area (A), thickness (d), and density (
ρ
). The thickness of the liner and inner wall are defined within paragraphs 42 and 45 of FAYER, wherein in the present analysis, for simplicity, the thickness is being assumed as 1mm (0.0393701in) for each. More so, it is understood the surface area of the inner wall is larger than the surface area of the liner, given that the liner is reasonably understood to be smaller and held within the interior of the inner wall (figures 1 and 2 of FAYER; See MPEP § 2123, wherein the exact value of surface area cannot be ascertained, but reasonably the relationship between the surface area of the inner wall to the liner can be reasonably ascertained based on the positioning and basic sizing relationship depicted within figures 1 and 2 of FAYER). Based on this information, an exemplary surface area of 1in² is set for the liner and an exemplary surface are of 2in² is set for the inner wall. As such, the correlation of
C
t
h
=
A
*
d
*
ρ
*
c
p
can be used to determine the thermal capacitance of the liner and the inner wall. In view of the application of the correlation in Table 1, based on the above information explicitly and inherently defined by FAYER, the liner has less thermal capacitance than the inner wall.
PNG
media_image1.png
748
1120
media_image1.png
Greyscale
Table 1
Second, FAYER does not expressly disclose wherein a vapour relief port extends from within the liner member to a location within the containment volume.
However, LOVEDAY is within the field of endeavor provided a cryogenic vessel arrangement (figure 2; col.1, lines 15-22). LOVEDAY teaches a liner member (31) and an inner wall (32) spaced apart from the liner member and defining a containment volume (figure 2). Between the liner member and the inner wall is the containment volume which houses an insulation under vacuum (col. 6, line 73-col.7, line 5 and col. 7, lines 10-15). LOVEDAY teaches a vapour relief port (54 to 65/67; figure 2 and 5) extending from within the liner member to a location within the containment volume (figure 2 and 5, wherein the location in the containment volume is at the location of the manifold, 64, disposed within the containment volume). Particularly, LOVEDAY teaches wherein such vapour relief port assembly allows for removal of stored cryogenic liquid and vaporization prior to delivery to the consumer supply line (col.9, lines 15-33). Therefore, it would have been obvious to one having ordinary skill within the art, prior to the date the invention was effectively filed, to modify FAYER, in view of LOVEDAY, to include the vapour relief port assembly, as required by the claim, to enable removal of the stored liquid from within the fully closed liner member to a consumer supply line for use.
As to claim 38, FAYER, as modified, further discloses wherein the thermal capacitance of the liner member is configured so as to reduce or inhibit a rate at which cryogenic vapours are released by the cryogenic liquid upon its contact with, or receipt or storage by, the liner member (MPEP § 2114 – II, wherein based on the liner materials and claimed structure, the liner has a thermal capacitance capable of reducing or inhibiting the rate at which the cryogenic vapors are released by the cryogenic liquid upon its contact with, or receipt or storage by, the liner member).
As to claim 39, FAYER, as modified, further discloses wherein the thermal capacitance of the liner member is configured so as to reduce or inhibit a rate at which the temperature of the liner member rises upon departure of cryogenic liquid therefrom(MPEP § 2114 – II, wherein based on the liner materials and claimed structure, the liner has a thermal capacitance capable of reducing or inhibiting the rate at which the temperature of the liner member rises upon departure of cryogenic liquid therefrom).
As to claim 41, FAYER, as modified, further discloses wherein the inner wall has a thickness of 0.5mm to 1mm (par. 45).
As to claim 42, FAYER, as modified, further discloses wherein the liner member comprises at least aluminum or composites (par. 42).
As to claim 44 FAYER, as modified, further discloses wherein the liner member has a thermal conductivity that ranges from 0.25 W/m-K to 240 W/m-K (par. 42, in view of the intrinsic material property as stated within the NPL).
As to claim 46, FAYER, as modified, further discloses wherein the liner member is configured to receive and contain the cryogenic liquid in a manner so as to reduce or inhibit contact of the cryogenic liquid with the inner wall (par. 41, in view of figures 1 and 2 to prevent contact of the cryogenic liquid with the inner wall).
As to claim 47, FAYER, as modified, further discloses wherein the liner member is spaced apart from the inner wall and located within said storage volume by support member(s) (insulation layers, as described in par. 46-49) that operatively connect said liner member to said inner wall (figures 1-2, in view of par. 46-49).
As to claim 48, FAYER, as modified, further discloses wherein the containment volume is configured to entrap at least some cryogenic vapours released by the cryogenic liquid upon its contact with, or receipt or storage by, the liner member (par. 42).
As to claim 49, FAYER, as modified, further discloses wherein the liner member and/or inner wall is/are configured such that the containment volume maintains a pressure equilibrium between cryogenic liquids received or stored by the liner member and cryogenic vapours released by the cryogenic liquid upon its contact with, or receive or storage by, the liner member(MPEP § 2114 – II, wherein the defined structure of the liner member and/or the inner wall are capable of providing the functional limitations of the claim).
As to claim 50, FAYER, as modified, further discloses wherein said pressure equilibrium is maintained via released, out from the containment volume, of at least some of said cryogenic vapours released by the cryogenic liquid upon its contact with, or receipt or storage by, the liner member(MPEP § 2114 – II, wherein the defined structure of the arrangement are capable of providing the functional limitations of the claim).
As to claim 51, FAYER, as modified, further discloses wherein said pressure equilibrium is maintained via release, out from the containment volume, of at least some of said cryogenic vapours out from the liner member and/or containment volume particularly by relief members(s) arranged at the inner wall and/or liner member (8; par. 53; MPEP § 2114 – II, wherein the defined structure of the arrangement are capable of providing the functional limitations of the claim).
As to claim 52, FAYER, as modified, further discloses wherein said relief member(s) comprise aperture(s) (par. 53).
As to claim 53, FAYER, as modified, further discloses wherein the containment volume is configured to receive or store a gas maintained at the same pressure as the cryogenic liquids received or stored by the liner member (MPEP § 2114 – II, wherein the containment volume, as defined by the claim, is capable of providing the functional limitations of the claim).
As to claim 54, FAYER, as modified, further discloses wherein the insulation volume is configured to contain or comprise a vacuum and one or more insulative materials comprising multi-layer insulation (par. 43 and 46-49).
As to claim 56, FAYER, as modified, further discloses a cryogenic vessel comprising the cryogenic vessel arrangement of claim 37 (see rejection of claim 56, in view of abstract).
Claim(s) 40 and 55 is/are rejected under 35 U.S.C. 103 as being unpatentable over FAYER (US 2023/0272881 A1 – effectively filed 21 June, 2021), in view of POHANISH (NPL: Table 17 (pg. 278-279) of Pohanish, Richard P. McCauley, Christopher J. Brengelman, Laura. (2020). Machinery’s Handbook Pocket Companion (2nd Edition). Industrial Press. Retrieved from https://app.knovel.com/hotlink/toc/id:kpMHPCE001/machinery-s-handbook/machinery-s-handbook.), and LOVEDAY (US 2,951,348).
As to claim 40, FAYER, as modified, recognizes the storage of cryogenic liquids needs to satisfy constrains related to volume, shape, mass, mechanical integrity, and cost, wherein the thickness of the storage (i.e., liner, 2, and inner wall, 4) is provided to meet these requirements. More specifically, the thickness of the inner wall, at least, can be selected based on application (par. 59), which recognizes the thickness of the inner wall, at least, as a result-effective variable, i.e., a variable which achieves a recognized result. In this case, satisfying necessary constraints related to volume, shape, mass, mechanical integrity, and cost, based on the selected application (par. 59, in view of par. 3). "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). See MPEP § 2144.05 – II (A). Further, it appears one having ordinary skill within the art would have had a reasonable expectation of success in modifying the device of FAYER to have a thickness of the inner wall, which in turn would have a direct impact on the relationship between the thickness of the inner wall and the liner within the claimed range, as it involves only adjusting the dimension of one of the thicknesses of the liner and inner wall (i.e., inner wall) disclosed to require adjustment. Therefore, it would have been obvious to one having ordinary skill within the art, prior to the date the invention was effectively filed, to modify FAYER by making the relationship between the liner member thickness and the inner wall thickness to be “the liner member is configured with a thickness that ranges from about 1/3rd to about 1/20th of a thickness of the inner wall” as a matter of routine optimization. More so, it appears the Applicant places no criticality on the claimed range, in view of page 9, lines 1-8 and page 18, lines 27-29.
As to claim 55, FAYER, as modified, recognizes the application of an insulation volume to minimize heat loss (par. 44, 46-49) with a surface area thereof (figures 1-2), but does not expressly disclose wherein the surface area heat leak ranges from at least about 0.5 W/m² to about 20 W/m².
It would have been obvious to one having ordinary skill in the art, prior to the date the invention was effectively filed, to modify FAYER to includes the surface area heat leak within the range claimed since it has been held that “where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device”. In Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984). See MPEP § 2144.04 – IV(A). In this case, the device of FAYER would not operate differently with the claimed surface area heat leak and since the insulation volume of FAYER is designed to impede the change in temperature of the volume of fluid (i.e., liquid cryogen; par. 41) being held within the interior of the cryogenic vessel arrangement, such that the device would function appropriately having the claimed surface area heat leak.
Further, it appears the Applicant places no criticality on the claimed limitation and range, as the specification recites, “The insulation volume 26 may be configured to have a surface area heat leak that ranges from at least about 0.5 W/m² to about 20 W/m². However, those skilled in the art may envisage other ranges of heat leak per surface area depending on a configuration of the cryogenic vessel arrangement 100.” See page 16, lines 17-20 of the originally-filed specification.
Claim(s) 43 and 45 is/are rejected under 35 U.S.C. 103 as being unpatentable over FAYER (US 2023/0272881 A1 – effectively filed 21 June, 2021), in view of POHANISH (NPL: Table 17 (pg. 278-279) of Pohanish, Richard P. McCauley, Christopher J. Brengelman, Laura. (2020). Machinery’s Handbook Pocket Companion (2nd Edition). Industrial Press. Retrieved from https://app.knovel.com/hotlink/toc/id:kpMHPCE001/machinery-s-handbook/machinery-s-handbook.), BROOK(WO 2005/061952 A1 – published 7 July, 2005), and LOVEDAY (US 2,951,348).
As to claim 43, FAYER, as modified, recognizes wherein the material for the liner member can include any other alloy or composite material that is compatible with cryogenic temperatures (par. 42).
BROOK is within the field of endeavor provided a cryogenic vessel arrangement (abstract). BROOK teaches wherein it is known to include the use of G-10 fiberglass laminate is a known material to be used within the field, based on very low thermal conductivity (Table 1) and adequate compressive and tensile strength at low temperatures(par. 25), within the application of cryogenic vessels. As such, the selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945). See MPEP § 2144.07. Therefore, it would have been obvious to one having ordinary skill within the art, prior to the date the invention was effectively filed, to modify FAYER, in view of the teachings of BROOK, to include G-10 fiberglass laminate as the liner member material, which is recognized to be compatible with cryogenic temperatures based on application as a cryogenic fluid storage material and based on the ability to possess very low thermal conductivity and adequate compressive and tensile strength at low temperatures(par. 25).
As to claim 45, FAYER, as modified, recognizes wherein the material for the liner member can include any other alloy or composite material that is compatible with cryogenic temperatures (par. 42).
BROOK is within the field of endeavor provided a cryogenic vessel arrangement (abstract). BROOK teaches wherein it is known to include the use of G-10 fiberglass laminate is a known material to be used within the field, based on very low thermal conductivity (Table 1) and adequate compressive and tensile strength at low temperatures(par. 25), within the application of cryogenic vessels. As such, the selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945). See MPEP § 2144.07. Therefore, it would have been obvious to one having ordinary skill within the art, prior to the date the invention was effectively filed, to modify FAYER, in view of the teachings of BROOK, to include G-10 fiberglass laminate as the liner member material, which is recognized to be compatible with cryogenic temperatures based on application as a cryogenic fluid storage material and based on the ability to possess very low thermal conductivity and adequate compressive and tensile strength at low temperatures(par. 25).
In doing so, the liner member, as taught by the combination of FAYER, in view of BROOK, effectively teaches wherein the liner member has a thermal conductivity of 0.288 W/m-K (Table 1 of BROOK; See MPEP § 2144.05 – I, wherein in the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976), and in view of the interpretation as set forth under the rejection of the claim under 35 U.S.C. 112(b)).
Response to Arguments
Claim Rejections - 35 USC § 102 / 35 USC § 103
Applicant’s arguments, see pages 6-8, filed 19 May, 2026, with respect to the rejection(s) of claim 37 under 35 U.S.C. 102, and the dependents thereof under various rejections under 35 U.S.C. 102 and 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 further interpretations of FAYER, in addition to teachings of (US 2,951,348). Particularly, FAYER teaches the fully closed liner member (par. 41). More so, LOVEDAY teaches wherein a liner member (31) is disposed within a containment volume defined by an inner wall (32). Between the liner member and the inner wall is the containment volume which houses an insulation under vacuum (col. 6, line 73-col.7, line 5 and col. 7, lines 10-15). LOVEDAY teaches a vapour relief port (54 to 65/67; figure 2 and 5) extending from within the liner member to a location within the containment volume (figure 2 and 5, wherein the location in the containment volume is at the location of the manifold, 64, disposed within the containment volume). Particularly, LOVEDAY teaches wherein such vapour relief port assembly allows for removal of stored cryogenic liquid and vaporization prior to delivery to the consumer supply line (col.9, lines 15-33). Therefore, based on the teachings set forth by the combination, the claimed invention is rendered obvious.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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/JENNA M MARONEY/Primary Examiner, Art Unit 3763 8/6/2026
JENNA M. MARONEY
Primary Examiner
Art Unit 3763
Prosecution Insights