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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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.
Claims 1, 3-7, 9 and 11-14 are rejected under 35 U.S.C. 103 as being unpatentable over Adkins (U.S. 2022/0243871) in view of Delatte (U.S. 5,375,423).
Regarding claim 1, Adkins teaches a cryogenic fluid storage unit, shown in figure 1, comprising an internal reservoir 6 that internally delimits a storage volume (labeled “Liquid Hydrogen”) configured to store a cryogenic fluid (liquid hydrogen), an external reservoir 7 inside which the internal reservoir 6 is arranged, an intermediate space separating the internal reservoir from the external reservoir (between 6 and 7; figure 1), a thermal insulation (vacuum space is considered a thermal insulation; “high vacuum to provide particularly effective insulation between the inner shell and ambient; paragraph [0003]) interposed between the internal reservoir and the external reservoir, a getter 8 received in a volume in fluidic communication with the intermediate space (figure 1), and the external reservoir 7 having an opening (shown at lead line 5) to extract the getter 8, and wherein the internal reservoir comprises an inner tubular wall (tubular sidewall of 6) having a central axis (axially through 1), and a first inner bottom (end wall of 6) and a second inner bottom closing (other end wall of 6) opposite axial ends of the inner tubular wall, the internal reservoir further comprising a tube 2 that secures the first inner bottom and second inner bottom to one another, the getter 8 being received in the tube (figure 2).
Adkins discloses the claimed invention except for the removable cover. Delatte teaches that it is known to provide a tank with the removable cover (see cover 4). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the tank of Adkins with the removable cover, as taught by Delatte, in order to seal the unit and access the cavity for dispensing.
Regarding claim 3, Adkins teaches a cryogenic fluid storage unit, shown in figure 1, comprising an internal reservoir 6 that internally delimits a storage volume (labeled “Liquid Hydrogen”) configured to store a cryogenic fluid (liquid hydrogen), an external reservoir 7 inside which the internal reservoir 6 is arranged, an intermediate space separating the internal reservoir from the external reservoir (between 6 and 7; figure 1), a thermal insulation (vacuum space is considered a thermal insulation; “high vacuum to provide particularly effective insulation between the inner shell and ambient; paragraph [0003]) interposed between the internal reservoir and the external reservoir, a getter 8 received in a volume in fluidic communication with the intermediate space (figure 1), and the external reservoir 7 having an opening (shown at lead line 5) to extract the getter 8, and wherein the internal reservoir comprises an inner tubular wall (tubular sidewall of 6) having a central axis (axially through 1), and a first inner bottom (end wall of 6) and a second inner bottom closing (other end wall of 6) opposite axial ends of the inner tubular wall, the internal reservoir further comprising a tube 2 that secures the first inner bottom and second inner bottom to one another, the getter 8 being received in the tube (figure 2), the tube has a first end part (upper end) protruding out of the internal reservoir through the first inner bottom, the getter being received in the first end part (figure 1).
Further regarding claim 3, Adkins discloses the claimed invention except for the removable cover. Delatte teaches that it is known to provide a tank with the removable cover (see cover 4). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the tank of Adkins with the removable cover, as taught by Delatte, in order to seal the unit and access the cavity for dispensing.
Regarding claim 4, the external reservoir 7 comprises an outer tubular wall (sidewall of 7) having a central axis, and a first outer bottom (one end shown in figure 1) and a second outer bottoms (opposite first outer bottom) closing opposite axial ends of the outer tubular wall, the first outer bottom extending opposite the first inner bottom, the opening at lead line 3 being provided in the first outer bottom (figure 1), axially in line with the first end part of the tube.
Regarding claim 5, the thermal insulation is arranged against the internal reservoir (figure 1) and the tube passes through the thermal insulation (at lead line 3), the tube having at least one orifice (at 3) opening into a thickness of the thermal insulation.
Regarding claim 6, the getter 8 has an external cross-section smaller than an internal cross-section of the tube (figure 2), such that a circulation of gas is possible along the tube at the getter 8.
Regarding claim 7, the getter 8 comprises a gas-absorbing material and a support rod 1 passing through the gas-absorbing material, the getter being attached to the tube by two plates (shown at 4a and 4b in figure 3) cooperating with two opposite end parts of the support rod (element 4 of Adkins; figure 3 of Adkins).
Regarding claim 9, the getter 8 comprises a gripping member 4a (figure 3) protruding outside the tube.
Regarding claim 11, the getter 8 is at partially located outside the internal reservoir (shown at lead line 3 in figure 2).
Regarding claim 12, the first end part of the tube has a portion extending entirely outside the internal reservoir (shown at lead line 3 in figure 2), the getter being received at least in part in the portion (shown at lead line 3 in figure 2).
Regarding claim 13, the tube defines a length extending from a first tube end to a second tube end (both ends shown in figure 1), and wherein the first tube end is connected to the first inner bottom and the second tube end is connected to the second inner bottom, and wherein a central portion of the tube is spaced inwardly from the inner tubular wall such that the tube passes through an entirety of a length of the internal reservoir (figure 1).
Regarding claim 14, the getter 8 is received within the first tube end and extends at least partially outwardly of the internal reservoir (shown at lead line 3 in figure 2).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Adkins (U.S. 2022/0243871) in view of Delatte (U.S. 5,375,423), as applied to claim 1 above, and further in view of Ross (U.S. 5,941,268).
The modified storage unit of Adkins discloses the claimed invention except for the weakened zone. Ross teaches that it is known to provide a tank closure with a weakened zone (see figure 3). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the modified storage unit of Adkins with the closure having a weakened zone, as taught by Ross, in order to improve safety by allow the valve to break in the event of excessive pressure.
Allowable Subject Matter
Claim 8 is 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.
Response to Arguments
Applicant's arguments filed October 20, 2025 have been fully considered but they are not persuasive. Applicant’s arguments with respect to the claims have been considered but are moot because the new ground of rejection does not rely on the primary reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. The new primary reference of Adkins (U.S. 2022/0243871) is used in the rejection for the teaching providing a storage unit with a tube which receives the getter. The tube of Adkins is shown in figure 2 which receives getter 8 between elements 1 and 2.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NIKI MARINA ELOSHWAY whose telephone number is (571)272-4538. The examiner can normally be reached Monday through Friday 7: 00 a.m. to 3:00 p.m..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Orlando E. Avilés can be reached at 571-270-5531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NIKI M ELOSHWAY/Examiner, Art Unit 3736
/ORLANDO E AVILES/Supervisory Patent Examiner, Art Unit 3736