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.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 15 July, 2024 are being considered by the examiner.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that use the word “means” or “step” and are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112. Such claim limitation(s) is/are:
“means of a removable closure element” in claim 5, which is being interpreted as the structure defined by a plate-shaped closure element in paragraph 70 and shown in figure 1.
“fastening element” in claims 13-14, which is being interpreted as the structure defined by a fastening tube or sleeve in paragraph 45 and shown in figure 2.
This application includes one or more claim limitations that use the word “means” or “step” but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitation(s) is/are:
“heating device” in claims 1, 3, 8, 12, and 13, as the claims include sufficient structural definition for including the heating element defined by a heating wire embedded within a metal oxide and casing, in addition to an outer casing surrounding an interior space of the heating device (claim 1).
“heating element” in claims 1, 5, and 9, as the claims include sufficient structural definition to include a heating wire embedded within a metal oxide and casing(claim 1).
Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof.
If applicant intends to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function.
Claim Objections
Claim 5 is objected to because of the following informalities:
Claim 5 recites “the closure element” in line 4, which appears to be directed to the “means of a removable closure element”, such that the claim should be corrected to use clear, concise, and exact terms (37 CFR 1.71(a)). As such, the claim should be amended to recite - - the means of a removable closure element - -.
Appropriate correction is required.
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) 1-2, 8, 10-11, and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over COHU (US 6,336,332 B1 – published 8 January, 2002), in view of PEREZ (US 10,221,816 B2 – published 5 March, 2019).
As to claim 1, COHU discloses a storage vessel (1) for storing a cryogen (col.2, line 31), having an inner vessel (4) for receiving the cryogen (figure 1), an outer vessel (3) which surrounds the inner vessel (figure 1), and a heating device (19), which is at least partially arranged within the inner vessel (figures 1-2), for introducing heat into the cryogen (col.3, lines 24 – col.4, line 9), wherein the heating device has a heating element(39) for generating the heat (col. 3, lines 40-42) and an outer casing (17) which fluid-tightly surrounds an interior space of the heating device (36; abstract; claim 1 and 9, wherein the chamber is defined as closed), wherein the heating element has a heating wire (39; figures 1 and 2) within the interior space (figures 1 and 2)
However, COHU does not disclose wherein the heating wire is embedded in a metal oxide which is encapsulated by a casing accommodated within the interior space.
PEREZ is within the field of endeavor provided a storage vessel (102) for storing a cryogen (col.5, lines 43-46). PEREZ teaches wherein the storage vessel includes a heating device (158; figure 6) comprised of a heating wire (cartridge heater design which includes electrical resistance; col. 6, line 61 – col.7, line 3) encapsulated by a metal oxide (magnesium oxide; col. 6, line 61 – col. 7, line 3) which is encapsulated by a casing (stainless steel tube; col. 6, line 61- col. 7, line 3). This is strong evidence that modifying COHU as claimed was well within the ordinary capabilities of one skilled in the art and would produce predictable results to one skilled in the art, (i.e., implementing a known type of heater within a cryogen storage vessel to effectively heat the cryogen within the storage vessel to increase the pressure of the storage vessel, as stated in col. 6, lines 55-57). Accordingly, it would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed, to modify COHU by PEREZ such that the heating element included a heating wire embedded in a metal oxide encapsulated by a casing, since all claimed elements were known in the art, and one having ordinary skill in the art could have modified the prior art as claimed by known methods with no changes in their respective functions and the combination would have yielded the predictable result of implementing a known type of heater within a cryogen storage vessel to effectively heat the cryogen within the storage vessel to increase the pressure of the storage vessel (col. 6, lines 55-57).
As to claim 2, COHU, as modified, further discloses wherein the interior space is filled with a heat-conducting medium (col. 2, lines 58-65; col.3, line 43- col.4, line 10).
As to claim 8, COHU, as modified, provides wherein the heating device has a support element which carries the heating element (22; figure 2; col.3, lines 11-12).
As to claim 10, COHU, as modified, provides wherein a gap (figures 1-2) is provided between the support element (22) and the outer casing (17) and runs circumferentially around the support element (figures 1-2).
As to claim 11, COHU, as modified, provides wherein the support element (22) is tubular (col. 2, lines 53-54, wherein the support element is a pipe, which is known to include a hollow cylindrical shape based on known definition) and has a cylindrical inner side (interior of the pipe).
As to claim 15, COHU, as modified, further discloses wherein a cryogen supply system for supplying a consumer (figure 1; MPEP 2114 - - II) with a cryogen (col. 2, lines 39-45), with at least one storage vessel according to claim 1 (see rejection of claim 1).
Claim(s) 3-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over COHU (US 6,336,332 B1 – published 8 January, 2002), in view of PEREZ (US 10,221,816 B2 – published 5 March, 2019) and GUSTAFSON (US 4,608,831 – published 2 September, 1986).
As to claim 3, COHU, as modified, further discloses wherein the heating device (19) is guided from a surrounding of the storage vessel through the outer vessel and the inner vessel into a zone surrounded by the inner vessel (figure 1 and 2).
However, COHU does not expressly disclose wherein the zone is necessarily the liquid zone of the storage vessel.
GUSTAFSON is within the field of endeavor provided a storage vessel (10d) for storing a cryogen (abstract – liquid helium). GUSTAFSON teaches wherein it is known to provide the heating device (30d with 72;col. 6, lines 5-8) to be below the surface of the liquid cryogen, such that the heating device is within a liquid zone surrounded by an inner vessel of the storage vessel (figure 5; col.3, lines 17-20). This is strong evidence that modifying COHU as claimed was well within the ordinary capabilities of one skilled in the art and would produce predictable results to one skilled in the art, (i.e., implementing the heating device within the liquid zone of the storage vessel to effectively cause pressurization of the vessel, as understood through the invention as a whole of GUSTAFSON; col. 6, lines 3-11, in view of col.3, lines 25-37). Accordingly, it would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed, to modify COHU by GUSTAFZON such that the heating element is provided, at least partially, within the liquid zone of the storage vessel, since all claimed elements were known in the art, and one having ordinary skill in the art could have modified the prior art as claimed by known methods with no changes in their respective functions and the combination would have yielded the predictable result of implementing the heating device within the liquid zone of the storage vessel to effectively cause pressurization of the vessel (col. 6, lines 3-11, in view of col.3, lines 25-37).
As to claim 4, COHU, as modified, further discloses wherein the outer casing (17) is guided through the outer vessel and the inner vessel (figures 1-2), and wherein the outer casing is connected to the outer vessel and the inner vessel in a form fit (figure 1-2).
As to claim 5, COHU, as modified, further discloses wherein the outer casing (17) has an end portion which projects into the surroundings (figure 2) and is closed fluid-tightly by means of a removable closure element (18 and/or 20; col. 2, lines 51-55; figures 1 and 2), and wherein connecting lines (24, as shown in figure 2) of the heating element are lead through the closure element (figure 2; col. 2, lines 54-55).
As to claim 6, COHU, as modified, further discloses wherein the outer casing (17) has a connection projecting (22 and/or 23) into the surroundings(figures 1 and 2) and is in fluidic communication with the interior space (col. 2, lines 53-54; col. 3, lines 5-18; col. 3, line 51- col. 4, line 10; figure 2), and wherein the connection is sealed fluid-tightly (abstract; claim 1 and 9, wherein the chamber is defined as closed).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over COHU (US 6,336,332 B1 – published 8 January, 2002), in view of PEREZ (US 10,221,816 B2 – published 5 March, 2019) and TAMBURELLO (US 2019/0368660 A1 – published 5 December, 2019).
As to claim 7, COHU, as modified, does not further include the requirements set forth by claim 7.
TAMBURELLO is within the field of endeavor provided a storage vessel (12) for storing a cryogen (par. 20). TAMBURELLO teaches a heating device (30) which includes an exterior thereof from which a heat transfer layer is provided to (50; par. 27-28). Particularly, the heat transfer layer provided on the exterior surface of the heating device to enable facilitation of heat (par. 26-27) within the vessel (par. 19). As such, it would have been obvious to one having ordinary skill within the art, prior to the date the invention was effectively filed, to modify COHU, in view of the teachings of TAMBURELLO to allow efficient heat transfer along the interior of the vessel (par. 19, and 26-27) by implementing the use of a heat transfer layer along the exterior of the heating device. As such, the heating device of COHU, which includes an outer casing thereof would be taught to include such heat transfer layer of TAMBURELLO for these reasons.
Allowable Subject Matter
Claims 9 and 12-14 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.
As to claim 9, the prior art teaches it is known to provide a heating element helically wound within a groove of an exterior surface (WATANABE – US 4,739,634; HARVEY – US 2,940,734; HATTA – US 2021/0299977 A1). However, the relevant prior art does not expressly teach the positioning of the heating element within an outer side groove of a support element, as structurally defined within claims 8-9 of the instant application. At best, the prior art reasonably teaches the positioning along an outside surface of the storage vessel, but not within an outer casing of which the heating element is accommodated within (claim 1 of the instant application). Absent some teaching, suggestions, or motivation to do so, a case of prima facie obviousness cannot be established.
As to claim 12, the prior art recognizes the inclusion of a temperature sensor with the heating device (RUBIN – US 4,978,832; DESHPANDE – EP 2987727 A1 and US 2015/0034169 A1; TAMBURELLO – US 2019/0368660 A1 ). However, the prior art is deficient in teaching, suggesting, or otherwise providing wherein the temperature sensor is arranged within the support element set forth by claim 8. Absent some teaching, suggestions, or motivation to do so, a case of prima facie obviousness cannot be established.
Claims 13-14 depend from claim 12, and are thereby, allowable for the reasons provided with respect to claim 12.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENNA M MARONEY whose telephone number is (571)272-8588. The examiner can normally be reached Monday - Friday 7AM to 4PM, EST.
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/JENNA M MARONEY/Primary Examiner, Art Unit 3763 2/19/2026
JENNA M. MARONEY
Primary Examiner
Art Unit 3763