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 .
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.
Response to Amendment
The Amendment filed on 24 Nov 2025 has been entered. Claims 1-3 and 5-10 remain pending in the application. Applicant’s amendments to the Claims overcome each and every objection and 112(b) rejection previously set forth in the Non-Final Office Action mailed 26 August 2025.
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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-2, 5, 7 and 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kawasaki (JP S59-026697, provided by Applicant on the IDS dated 18 July 2024 with references taken from the English Machine Translation also provided by Applicant on the IDS dated 18 July 2024) in view of Riche et al (US 6,286,320), and further in view of Gnaedinger (US 4209267).
Regarding Claim 1, Kawasaki discloses a liquid hydrogen storage1 tank (Figure 1 generally). The tank comprising:
a tank body (Figure 1; 10 and 5) including an inner tank (10) that forms a storage space for storing liquid hydrogen2 (with fluid 2), an outer tank (5) and a thermal insulation layer (12; with perlite; page 3 discloses where ”the space 12 may be filled with an inexpensive granular heat insulating material such as perlite to improve the heat insulating property and reduce the cost”) interposed between the outer tank and the inner tank (Figure 1);
a dike (4) including an outer peripheral surface (the outside as seen in Figure 1) and an inner peripheral surface that is in contact with a side plate of the outer tank (Figure 1 at 5), the dike extending upwardly to surround an outer periphery of the tank body (Figure 1 at 5);
but fails to expressly disclose a pump configured to discharge liquid hydrogen inside the inner tank through a side plate of the inner tank to outside; a housing chamber that is between the outer peripheral surface of the dike and the storage space, and houses the pump, wherein the housing chamber is configured to function as part of a liquid storage space to store the liquid hydrogen that leaked from the inner tank; a passage extending from the housing chamber; and a sealing portion that openably/closably seals an opening of the passage and confines the liquid hydrogen that leaked into or the liquid hydrogen that vaporized in the liquid storage space.
Riche et al teach a liquid storage tank (20) with a pump (22) that discharges liquid hydrogen (Col 2, lines 13-17) inside the inner tank (20) through a side plate of the inner tank to an outside (Figure 1 through the side of the tank 20); and
a housing chamber (12 generally) that is between the outer peripheral surface of the dike (the portion of the dike 14 to the right as seen in the orientation of Figure 1) and the storage space (within 20), and houses the pump (Figure 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the tank system of Kawasaki with the pump and housing chamber as taught by Riche et al for the advantage of simplifying the plumbing and pumping system, as taught by Riche et al (Col 1, lines 14-23).
Gnaedinger teaches a liquid storage tank (10 in Figures 1-3) with a housing chamber (50 generally from Figures 2-3) wherein the housing chamber is configured to function as part of a liquid storage space to store the liquid hydrogen that leaked from the inner tank (within 52; Col 3, lines 4-11); a passage (shaft 18) extending from the housing chamber (Figure 2-3); and a sealing portion (flap 44) that openably/closably seals an opening of the passage (Figure 2) and confines the liquid hydrogen that leaked into or the liquid hydrogen that vaporized in the liquid storage space (Figure 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the housing chamber of Kawasaki as modified by Riche et al with the passage and sealing portion as taught by Gnaedinger for the advantage of containing leaked volatile liquid and gas to prevent intrusion on surrounding area, as taught by Gnaedinger (Col 1, lines 45-61).
Regarding Claim 2, Kawasaki discloses wherein the dike is made of concrete (page 3 discloses ”A prestressed concrete IJ-made outer tank 4”),
But fails to expressly disclose where the housing chamber is in a body of the dike, and a passage penetrating a top surface of the dike from the housing chamber is set up in the body.
Riche et al teach where the housing chamber is in a body of the dike (via concrete wall 14).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Kawasaki with the pump and housing chamber as taught by Riche et al for the advantage of simplifying the plumbing and pumping system, as taught by Riche et al (Col 1, lines 14-23).
Gnaedinger teaches where the passage penetrates a top surface of the dike from the housing chamber and is in the body (Figure 3 which penetrates 12 and is within the body as shown in Figure 1).
Regarding Claims 5 and 7, Riche et al teach where the dike (14) has a projection portion protruding radially outward at a circumferential position (from the portion of the dike at 38) where the housing chamber is disposed (Figure 1).
Regarding Claim 9, Riche et al teach where the dike (14) has a projection portion protruding radially outward at a circumferential position (from the portion of the dike at 38) where the housing chamber is disposed (Figure 1).
Regarding Claim 10, Kawasaki discloses a liquid hydrogen storage3 tank (Figure 1 generally). The tank comprising:
a tank body (Figure 1; 10 and 5) including an inner tank (10) that forms a storage space for storing liquid hydrogen4 (with fluid 2), an outer tank (5) and a thermal insulation layer (12; with perlite; page 3 discloses where ”the space 12 may be filled with an inexpensive granular heat insulating material such as perlite to improve the heat insulating property and reduce the cost”) interposed between the outer tank and the inner tank (Figure 1);
a dike (4) including an outer peripheral surface (the outside as seen in Figure 1) and an inner peripheral surface that is in contact with a side plate of the outer tank (Figure 1 at 5), the dike extending upwardly to surround an outer periphery of the tank body (Figure 1 at 5);
but fails to expressly disclose a pump configured to discharge liquid hydrogen inside the inner tank through a side plate of the inner tank to outside; a housing chamber that is between the outer peripheral surface of the dike and the storage space, and houses the pump, and a passage that linearly extends in an up-down direction from the housing chamber and has a horizontal cross-section size that allows the pump to pass through.
Riche et al teach a liquid storage tank (20) with a pump (22) that discharges liquid hydrogen (Col 2, lines 13-17) inside the inner tank (20) through a side plate of the inner tank to an outside (Figure 1 through the side of the tank 20); and
a housing chamber (12 generally) that is between the outer peripheral surface of the dike (the portion of the dike 14 to the right as seen in the orientation of Figure 1) and the storage space (within 20), and houses the pump (Figure 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the tank system of Kawasaki with the pump and housing chamber as taught by Riche et al for the advantage of simplifying the plumbing and pumping system, as taught by Riche et al (Col 1, lines 14-23).
Gnaedinger teaches a liquid storage tank (10 in Figures 1-3) with a housing chamber (50 generally from Figures 2-3) and a passage (16) that linearly extends in an up-down direction from the housing chamber (50) and has a horizontal cross-section size that allows the pump to pass through (Figures 2-3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the housing chamber of Kawasaki as modified by Riche et al with the passage and sealing portion as taught by Gnaedinger for the advantage of containing leaked volatile liquid and gas to prevent intrusion on surrounding area, as taught by Gnaedinger (Col 1, lines 45-61).
Claim(s) 3, 6, and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kawasaki (JP S59-026697, provided by Applicant on the IDS dated 18 July 2024 with references taken from the English Machine Translation also provided by Applicant on the IDS dated 18 July 2024) in view of Riche et al (US 6,286,320) in further view of Gnaedinger (US 4209267) in further view of Peff (US 2,500,320) in further view of Sparling (US 3,326,011).
Regarding Claim 3, Kawasaki, as modified by Riche et al, teach all essential elements of the current invention as discussed above but fails to expressly teach wherein the housing chamber is disposed in the thermal insulation layer, and a passage penetrating a roof of the outer tank from the housing chamber is set up in the tank body.
Peff teaches a tank (18) and a housing chamber (20) wherein the housing chamber (20) is disposed in the thermal insulation layer (via 23; Col 2, lines 30-33).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Kawasaki, as modified by Riche et al and Gnaedinger, with the thermal insulation layer as taught by Peff for the advantage of insulating the fluid components within the housing chamber, as taught by Peff (Col 2, lines 30-33).
Sparling teaches a tank (Figure 1) with a housing chamber (between 26 and 38 where pump 60 sits) and a passage (62) penetrating a roof (52) of the outer tank (Figure 1) from the housing chamber is set up in the tank body (Figure 1)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Kawasaki, as modified by Riche et al, Gnaedinger and Peff, with the passage of Sparling for the advantage of removing the fluid in the most optimal location for use.
Regarding Claim 6, Gnaedinger teaches wherein the sealing portion (44) is on a top surface of the dike (Figure 2 at dike 12).
Regarding Claim 8, Riche et al teach where the dike (14) has a projection portion protruding radially outward at a circumferential position (from the portion of the dike at 38) where the housing chamber is disposed (Figure 1).
Response to Arguments
Applicant’s amendment has overcome the rejection of record. However, a new ground of rejection is applied to the amended claims.
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 NICOLE GARDNER whose telephone number is (571)270-0144. The examiner can normally be reached Monday - Friday 8AM-4PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisors, KENNETH RINEHART (571-272-4881) or CRAIG SCHNEIDER (571-272-3607) can be reached by telephone. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NICOLE GARDNER/
Examiner, Art Unit 3753
/REINALDO SANCHEZ-MEDINA/Primary Examiner, Art Unit 3753
1 The recitation of the actual fluid handled has been given no patentable weight in the apparatus claims, MPEP 2115.
2 The recitation of the actual fluid handled has been given no patentable weight in the apparatus claims, MPEP 2115.
3 The recitation of the actual fluid handled has been given no patentable weight in the apparatus claims, MPEP 2115.
4 The recitation of the actual fluid handled has been given no patentable weight in the apparatus claims, MPEP 2115.