Prosecution Insights
Last updated: April 19, 2026
Application No. 18/841,722

DEVICE AND METHOD FOR FILLING A CONTAINER WITH COMPRESSED GASEOUS HYDROGEN

Non-Final OA §103
Filed
Aug 27, 2024
Examiner
SHRIEVES, STEPHANIE ALEXANDRA
Art Unit
3753
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Messer SE & Co. Kgaa
OA Round
2 (Non-Final)
74%
Grant Probability
Favorable
2-3
OA Rounds
2y 3m
To Grant
92%
With Interview

Examiner Intelligence

Grants 74% — above average
74%
Career Allow Rate
156 granted / 212 resolved
+3.6% vs TC avg
Strong +18% interview lift
Without
With
+17.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 3m
Avg Prosecution
29 currently pending
Career history
241
Total Applications
across all art units

Statute-Specific Performance

§101
1.5%
-38.5% vs TC avg
§103
51.8%
+11.8% vs TC avg
§102
5.7%
-34.3% vs TC avg
§112
34.5%
-5.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 212 resolved cases

Office Action

§103
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. Response to Arguments Examiner acknowledges the cancellation of claim 2 and the addition of claims 13-14. Applicant’s arguments in view of the claim amendments, see page 3 of the Remarks, filed 19 November 2025, with respect to the 35 U.S.C. 112 (b) rejection of claims 7 and 9 have been fully considered and are persuasive. The 35 U.S.C. 112 (b) rejection of claims 7 and 9 has been withdrawn. Applicant’s arguments, see pages 3-6 of the Remarks, filed 19 November 2025, with respect to the rejection(s) of claim(s) 1-12 under 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 Therefore, the rejection has been withdrawn.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 a new art reference, Pollica, found which better disclosed the buffer medium and the cooling means. Applicant's arguments filed 19 November 2025 have been fully considered but they are not persuasive. Regarding the Drawing Objections seen on pages 1-2 of the Remarks: Examiner respectfully disagrees with the Applicant that a person of ordinary skill in the art would understand the claimed invention and where the refrigeration storage means and heat exchanger in claim 7 as well as the means for generating flow seen in claim 8 would be located in the Figures. The refrigeration storage means, heat exchanger, and means for generating flow are claimed and need to be seen in the figures as stated in 37 CFR 1.83 (a). For claim 7, the double pipe contains the element number “23” which can only be used for the double pipe and not for any other components (see 37 CFR 1.84 of the MPEP). The double pipe would most likely not have the same structure as the refrigeration storage means and the heat exchanger. While a person having ordinary skill in the art could understand how the refrigeration storage means and the heat exchanger could be implemented into the drawings, it is still not clear on the structure. For the means of generating flow in claim 8, a person having ordinary skill in the art in view of paragraph [0020] of specification would still not be fully understanding how the structure interacts with the cooling means. The drawing objection will be maintained as the claimed subject matter needs to be shown in the Figures. Regarding the Claim Interpretation on page 3 of the Remarks: Examiner disagrees with the Applicant that a person of ordinary skill in the art would understand the term “means for generating flow” in claim 8. The limitation is still considered as a means-plus-function limitation. There is no structure within the claim that allows for the generation of flow in combination with the generic placeholder “means” and the functional language “for”. While paragraph [0048] of the Specification provides structure of what the “means of generating flow” could include, the lack of structure in the claim does not provide enough details on what all is included for the limitation. The limitation will still be considered under 35 U.S.C. 112 (f). 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 refrigeration storage means and heat exchanger in claim 7 as well as the means for generating flow seen in claim 8 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. Claim Objections Claim 12 is objected to because of the following informalities: Lines 1-4, a transitional phrase “comprising”, “consisting of”, or “consisting essentially of” is missing and should be included to define the scope (See MPEP 2111.03). Appropriate correction is required. 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. Claim 8 includes the limitation “means for generating flow” in lines 2-3 which will be considered under 35 U.S.F. 112 (f). 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. 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. Claims 1, 5, and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Pollica (US 20220153568 A1) in view of Kondo (US 20180038550 A1). Regarding Claim 1: Pollica discloses an apparatus (Paragraph [0181], the apparatus is the hydrogen fueling system) for filling a container with gaseous hydrogen, the apparatus comprising: a gas supply system (2005, Figure 20, the hydrogen source is the gas supply system) for providing gaseous hydrogen (Paragraph [0181]); a conduit system (Figure 20, the conduit system is the pipe connecting the hydrogen storage to the cooling means and dispenser) equipped with a connection mechanism (2020a, Figure 20); a cooling means (2100, Figure 21, hydrogen cooling system is the cooling means) for cooling the hydrogen (Paragraphs [0183] and [0186], the cooling means cools the hydrogen) to be supplied to the dispenser (Figure 21); wherein the cooling means (2100, Figure 21) is equipped with a buffer medium (Paragraph [0186], the buffer medium is the PCM coolant) which acts as a latent heat storage medium (Paragraph [0187], the PCM material acts as a latent heat storage as the PCM changes phases) and is in thermal connection at a first heat exchanger surface (2116, Figure 21) with the gaseous hydrogen to be supplied to the dispenser and at a second heat exchanger surface (2113, Figure 21) with a refrigeration source (2112, Figure 21); and wherein the buffer medium is selected such that the buffer medium at least partially undergoes a solid-liquid phase transition in operation of the apparatus (Paragraphs [0183] and [0187-0188], the buffer medium undergoes a solid-liquid phase transition in operation of the apparatus). Pollicia does not disclose: a gas supply system for providing compressed gaseous hydrogen; and a conduit system equipped with a connection mechanism for establishing a fluidic connection between the gas supply system and a container to be filled. Kondo teaches a gas filling system, comprising: a gas supply system (15, Figure 2, the accumulators are the gas supply system) for providing compressed gaseous hydrogen (Paragraph [0032], the hydrogen as has been pressurized to a predetermined pressure); and a conduit system (11, Figure 2, the gas feed line is the conduit system) equipped with a connection mechanism (40, Figure 2, the dispenser is the connection mechanism) for establishing a fluidic connection between the gas supply system (15, Figure 2) and a container (3, Figure 2) to be filled. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Pollica to include a gas supply system for providing compressed gaseous hydrogen and a conduit system equipped with a connection mechanism for establishing a fluidic connection between the gas supply system and a container to be filled as taught by Kondo with the motivation to fuel a vehicle with hydrogen gas to reduce emissions. Regarding Claim 5: Pollica discloses: wherein the refrigeration source comprises a chiller (2112, Figure 21, the refrigeration unit is the refrigeration source and chiller) in which the second heat exchanger surface (2113, Figure 21) is integrated or which is in thermal connection with the second heat exchanger surface via a cooling circuit (Figures 20 and 21, the chiller and second heat exchanger surface are connected together with a cooling circuit). Regarding Claim 11: Pollica discloses: The dispenser (2020a, Figure 20) is equipped with a filling nozzle (2025a, Figure 20). Pollica does not disclose: wherein the container is a vehicle tank and the connection mechanism comprises a fuel dispenser equipped with a filling hose including a filling nozzle connected to the conduit system. Kondo teaches: wherein the container (3, Figure 2) is a vehicle tank (Paragraph []) and the connection mechanism (40, Figure 2) comprises a fuel dispenser (40, Figure 2) equipped with a filling hose (Paragraph [0038], the feed hose is the filling hose) including a filling nozzle (45, Figure 2, the gas feeding nozzle is the filling nozzle) connected to the conduit system (11, Figure 2). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Pollica to include the container is a vehicle tank and the connection mechanism comprises a fuel dispenser equipped with a filling hose including a filling nozzle connected to the conduit system as taught by Kondo with the motivation to connect to the vehicle to allow for fueling. Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Pollica in view of Kondo in further view of Fujisawa (US 20190086031 A1). Regarding Claim 6: Pollica discloses: the second heat exchanger surface (2113, Figure 21) with the refrigeration source (2112, Figure 21). Pollica and Kondo do not teach: wherein the refrigeration source comprises a tank which is filled with a cryogenic cooling medium and is in thermal connection with the second heat exchanger surface via a cooling conduit. Fujisawa teaches a gas supply device, comprising: wherein the refrigeration source (26, Figure 1, the cooling unit is the refrigeration source) comprises a tank (261 b, Figure 1) which is filled with a cryogenic cooling medium (Paragraphs [0034-0035]) and is in thermal connection with the second heat exchanger surface via a cooling conduit (261, Figure 1). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Pollica and Kondo to include the refrigeration source comprises a tank which is filled with a cryogenic cooling medium and is in thermal connection with the second heat exchanger surface via a cooling conduit as taught by Fujisawa with the motivation to cool the hydrogen gas to a predetermined temperature to prevent damage to the vehicle tank. Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Thor in view of Okuno in further view of Fujisawa and Fujisawa 2 (US 20180306381 A1). Regarding Claim 7: Thor discloses: The first heat exchanger surface (2116, Figure 21) and the second heat exchanger surface (2113, Figure 21) with the refrigeration source (2112, Figure 21). Pollica, Fujisawa, and Kondo do not teach: wherein the cooling conduit has arranged in the cooling conduit, downstream of the second heat exchanger surface, a double pipe and/or a further heat exchanger and/or a refrigeration storage means at which the cryogenic cooling medium are brought into thermal contact, upstream of the first heat exchanger surface, with the hydrogen in the conduit system. Fujisawa 2 teaches a gas supply device, comprising: wherein the cooling conduit has arranged in the cooling conduit (28, Figure 1), downstream of the second heat exchanger surface a further heat exchanger (22, Figure 1, the vaporizer is the heat exchanger) at which the cryogenic cooling medium (Paragraph [0029], the brine is the cryogenic cooling medium) is brought into thermal contact, upstream of the first heat exchanger surface (Paragraph [0029], the heat exchanger (12 b) has a first and second surface), with the hydrogen in the conduit system (16, Figure 1). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Pollica, Fujisawa, and Kondo to include the cooling conduit has arranged in the cooling conduit, downstream of the second heat exchanger surface a further heat exchanger at which the cryogenic cooling medium are brought into thermal contact, upstream of the first heat exchanger surface, with the hydrogen in the conduit system as taught by Fujisawa 2 with the motivation to reduce the cost of the system by cooling the heating medium with liquid hydrogen that will be made into a gas. Claims 4 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Pollica in view of Kondo in further view of Petersen (US 20170254479 A1). Regarding Claim 4: Pollica discloses: the buffer medium and can be selected to have low temperature state transitions (Paragraph [0186], the buffer medium is the PCM coolant that can have a low temperature state transition). Pollica and Kondo do not teach: wherein the buffer medium employed is carbon dioxide, which is controllable at a temperature equal to or below the temperature of its triple point in the cooling means. Petersen teaches a hydrogen refueling system, comprising: wherein the buffer medium employed is carbon dioxide (Paragraph [0111]), which is controllable at a temperature equal to or below the temperature of its triple point in the cooling means (Paragraph [0139], the cooling system can be a triple point carbon dioxide based cooling system). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Pollica and Kondo to include the buffer medium employed is carbon dioxide, which is controllable at a temperature equal to or below the temperature of its triple point in the cooling means as taught by Petersen with the motivation to keep the temperature of the buffer medium stable to prevent uneven cooling. Regarding Claim 8: Pollica discloses: the cooling means (2100, Figure 21). Pollica and Kondo do not teach: wherein the cooling means is equipped with means for generating a flow in the buffer medium. Petersen teaches a hydrogen refueling system, comprising: wherein the cooling means (34 and 35, Figure 4) is equipped with means for generating a flow in the buffer medium (Paragraph [0113], the first cooling fluid pipe and injection valve are the means for generating a flow in the liquid carbon dioxide). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Pollica and Kondo to include the cooling means is equipped with means for generating a flow in the buffer medium as taught by Petersen with the motivation to move the carbon dioxide from one cooling means to another while maintaining a low temperature. Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Pollica in view of Kondo in further view of Thor (US 20190331298 A1) and Notaro (US 5934081 A). Regarding Claim 10: Pollica discloses: the conduit system (Figure 20, the conduit system is the pipe connecting the hydrogen storage to the cooling means and dispenser). Pollica and Kondo do not teach: wherein the conduit system branches into two subconduits, a first subconduit proceeding therefrom to the first heat exchanger surface for conveying a first substream of hydrogen and a second subconduit proceeding therefrom as a bypass conduit to bypass the cooling means for conveying a second substream of hydrogen, wherein a control means is provided for controlling a quantity ratio between the first substream and the second substream according to a temperature of the hydrogen supplied to the container Thor teaches an apparatus for filling a container (Paragraphs [0046-0047], the system is the apparatus for filling a container of a vehicle), comprising: wherein the conduit system (116, 136, and 138, Figure 3) branches into two subconduits, a first subconduit (116, Figure 3) proceeding therefrom to the first heat exchanger surface (122, Figure 3) for conveying a first substream of hydrogen (Paragraph [0046]) and a second subconduit (140, Figure 3) proceeding therefrom as a bypass conduit to bypass the cooling means (124, Figure 3) for conveying a second substream of hydrogen (Paragraph [0046]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Pollica and Kondo to include the conduit system branches into two subconduits, a first subconduit proceeding therefrom to the first heat exchanger surface for conveying a first substream of hydrogen and a second subconduit proceeding therefrom as a bypass conduit to bypass the cooling means for conveying a second substream of hydrogen as taught by Thor with the motivation to control the flow rate of hydrogen going through the heat exchanger in order to obtain a desired temperature of hydrogen. Pollica, Kondo, and Thor do not teach: wherein a control means is provided for controlling a quantity ratio between the first substream and the second substream according to a temperature of the hydrogen supplied to the container. Notaro teaches a cryogenic fluid filling system, comprising: wherein a control means (6, Figure 1, the bypass valve is the control means) is provided for controlling a quantity ratio between the first substream and the second substream according to a temperature of the hydrogen (Column 3, Lines 38-49, the temperature is controlled based on the control of the bypass valve) supplied to the container (21, Figure 1). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Pollica, Kondo and Thor to include a control means is provided for controlling a quantity ratio between the first substream and the second substream according to a temperature of the hydrogen supplied to the container as taught by Notaro with the motivation to rapidly fill the containers to reduce the overall time of filling. Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Pollica (US 20220153568 A1) in view of Kondo (US 20180038550 A1). Regarding Claim 12: Pollica discloses a process for filling a vehicle (Paragraph [0179], the nozzle is connected to a vehicle) with gaseous hydrogen in which gaseous hydrogen (Paragraph [0181]) is provided in a gas supply system (2005, Figure 20) and supplied to a dispenser (2020a, Figure 20) for the purpose of filling via a conduit system (Figure 20, the conduit system is the pipe connecting the hydrogen storage to the cooling means and dispenser) and, before being supplied to the dispenser (2020a, Figure 20), cooled in a cooling means (2100, Figure 21, hydrogen cooling system is the cooling means), wherein, before commencement of a filling operation, a buffer medium (Paragraph [0186], the buffer medium is the PCM coolant) present in the cooling means and acting as a latent heat storage medium (Paragraph [0187], the PCM material acts as a latent heat storage as the PCM changes phases) is cooled by thermal contact with a refrigeration source (2112, Figure 21) and in the process brought to a temperature below its solid-liquid phase transition temperature (Paragraphs [0187-0188], the refrigeration unit is used to cool the buffer medium solid before operation during off hours), then the buffer medium is brought into thermal contact with at least one substream of the hydrogen to be supplied to the vehicle during the filling operation and cools the at least one substream of the hydrogen (Paragraph [0183], the buffer medium is in thermal contact with at least one substream of hydrogen); and wherein the buffer medium is selected such that the buffer medium at least partially undergoes a solid-liquid phase transition during the filling operation (Paragraphs [0183] and [0187-0188], the buffer medium undergoes a solid-liquid phase transition in operation of the apparatus). Pollica does not disclose: a process for filling a container with compressed, gaseous hydrogen in which gaseous hydrogen is provided under pressure in a gas supply system and supplied to a container for the purpose of filling via a conduit system. Kondo teaches a gas filling system, comprising: a process for filling a container (3, Figure 2) with compressed, gaseous hydrogen in which gaseous hydrogen is provided under pressure (Paragraph [0032], the hydrogen as has been pressurized to a predetermined pressure) in a gas supply system (15, Figure 2, the accumulators are the gas supply system) and supplied to a container (3, Figure 2) for the purpose of filling via a conduit system (11, Figure 2, the gas feed line is the conduit system). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Pollica to include a process for filling a container with compressed, gaseous hydrogen in which gaseous hydrogen is provided under pressure in a gas supply system and supplied to a container for the purpose of filling via a conduit system as taught by Kondo with the motivation to fuel a vehicle with hydrogen gas to reduce emissions. Allowable Subject Matter Claims 3, 9, and 13 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. The following is a statement of reasons for the indication of allowable subject matter: The closest pieces of prior art are Pollica (US 20220153568 A1) in view of Kondo (US 20180038550 A1). Regarding Claim 3: Claim 3 depends from claim 1 where Pollica and Kondo teach the buffer medium in the apparatus for filling a container. However, in lines 2-3 the limitation “wherein the buffer medium employed is a substance mixture whose solid-liquid phase transition temperature is variable according to its composition” is not taught by the prior art of record in view of all other limitations seen in claims 1 and 3. Regarding Claim 9: Claim 9 depends from claim 1 where Pollica and Kondo teach the apparatus for filling a container. Claim 9 includes two separately present buffer means with different solid-liquid phase transition temperatures. The prior art of record does not teach or make obvious two separately present buffer means with different solid-liquid phase transition temperatures in view of all other limitations of claims 1 and 9. Regarding Claim 13: Claim 13 depends from claim 12 where Pollica and Kondo teach the buffer medium in the apparatus for filling a container. However, in lines 2-3 the limitation “wherein the buffer medium employed is a substance mixture whose solid-liquid phase transition temperature is variable according to its composition” is not taught by the prior art of record in view of all other limitations seen in claims 12 and 13. Regarding Claim 14: Pollica discloses an apparatus (Paragraph [0181], the apparatus is the hydrogen fueling system) for filling a container with gaseous hydrogen, the apparatus comprising: a gas supply system (2005, Figure 20, the hydrogen source is the gas supply system) for providing gaseous hydrogen (Paragraph [0181]); a conduit system (Figure 20, the conduit system is the pipe connecting the hydrogen storage to the cooling means and dispenser) equipped with a connection mechanism (2020a, Figure 20); a cooling means (2100, Figure 21, hydrogen cooling system is the cooling means) for cooling the hydrogen (Paragraphs [0183] and [0186], the cooling means cools the hydrogen) to be supplied to the dispenser (Figure 21); wherein the cooling means (2100, Figure 21) is equipped with a buffer medium (Paragraph [0186], the buffer medium is the PCM coolant) which acts as a latent heat storage medium (Paragraph [0187], the PCM material acts as a latent heat storage as the PCM changes phases) and is in thermal connection at a first heat exchanger surface (2116, Figure 21) with the gaseous hydrogen to be supplied to the dispenser and at a second heat exchanger surface (2113, Figure 21) with a refrigeration source (2112, Figure 21). Kondo teaches a gas filling system, comprising: a gas supply system (15, Figure 2, the accumulators are the gas supply system) for providing compressed gaseous hydrogen (Paragraph [0032], the hydrogen as has been pressurized to a predetermined pressure); and a conduit system (11, Figure 2, the gas feed line is the conduit system) equipped with a connection mechanism (40, Figure 2, the dispenser is the connection mechanism) for establishing a fluidic connection between the gas supply system (15, Figure 2) and a container (3, Figure 2) to be filled. The prior art does not disclose or make obvious: wherein the cooling means is equipped with at least two separately present buffer media which each have different solid-liquid phase transition temperatures and are brought into thermal contact with the hydrogen to be supplied to the container independently of one another at separate heat exchanger surfaces. The limitation in the last four lines of claim 14 in view of all other limitations of claim 14 is considered allowable as the prior art of record does not teach or make obvious two separately present buffer means with different solid-liquid phase transition temperatures. However, a full determination of allowability will be made once all of the rejections and objections are overcome. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Alllidieres (US 10247358 B2) teaches a station for filling gas tanks comprising a refrigeration source, hydrogen gas, a nozzle, a filling hose, and heat exchangers. Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEPHANIE A SHRIEVES whose telephone number is (571)272-5373. The examiner can normally be reached Monday to Friday: 9:30AM to 5:30PM. 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, Kenneth Rinehart can be reached at (571) 272-4881. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /STEPHANIE A SHRIEVES/Examiner, Art Unit 3753 /KENNETH RINEHART/Supervisory Patent Examiner, Art Unit 3753
Read full office action

Prosecution Timeline

Aug 27, 2024
Application Filed
Aug 21, 2025
Non-Final Rejection — §103
Nov 19, 2025
Response Filed
Feb 13, 2026
Non-Final Rejection — §103 (current)

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Prosecution Projections

2-3
Expected OA Rounds
74%
Grant Probability
92%
With Interview (+17.9%)
2y 3m
Median Time to Grant
Moderate
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