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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: Item “125”. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) 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. 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.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: item “25”. 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. 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 Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 16-17 and 19-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Peng et al. (CN 203925934), hereinafter Peng.
Regarding claim 16, Peng discloses a sump assembly for cryogenic fluid (Fig. 1; Pg. 21, paragraph 45, The function of the inlet and outlet is to pump the LNG (liquefied natural gas) stored in the storage tank or tank truck into the receiving vehicle or storage tank via the submersible pump 6), the sump assembly comprising:
a lower body defining an internal sump (See annotated Fig. 3 of Peng below, outer cylinder 17, inner cylinder 15, internal sump G);
a pump submerged in the internal sump (See annotated Fig. 3 of Peng below, submersible pump 6 is submerged in internal sump G; Pg. 18, paragraph 40, As shown in Figure 3, the submersible pump 6 is located inside the inner shell and is connected to the bottom end of the outlet pipe 5. The submersible pump 6 is connected to the bottom end of the outlet pipe 5 through the connecting flange 13); and
an upper body configured to couple to the lower body, wherein the upper body defines an upper vacuum area in which an upper vacuum is formed for insulation of the cryogenic fluid, wherein the upper body and the lower body define an outer vacuum area when the upper body is coupled to the lower body, wherein an outer vacuum is formed in the outer vacuum area for further insulation of the cryogenic fluid, and wherein the upper body is removable from the lower body to provide easy access to the pump for servicing without further disassembly (Fig. 3, flange cover 2; See annotated Fig. 3 of Peng below, outer vacuum area E; Pg. 9, paragraph 20, The connection flange in this utility model effectively facilitates the maintenance and replacement of the submersible pump, and makes the operation simpler during maintenance and replacement; Pg. 16, paragraph 37, A flange cover 2 is provided above the sealing flange 1. The flange cover 2 is connected to the sealing flange 1 through the flange sealing gasket 12, as shown in Figures 3 and 4; Further, the teachings of Peng at least imply the flange cover 2 is removable since it has been held in considering the disclosure of a reference, it is proper to take into account not only specific teachings of the reference but also the inferences which one skilled in the art would reasonably be expected to draw therefrom (MPEP 2144.01)). Moreover, regarding wherein the upper body is removable from the lower body to provide easy access to the pump for servicing without further disassembly, the court has held that making components separable may be considered obvious to a person of ordinary skill in the art. In re Dulberg, 289 F.2d 522, 523, 129 USPQ 348, 349 (CCPA 1961), the claimed structure, a lipstick holder with a removable cap, was fully met by the prior art except that in the prior art the cap is "press fitted" and therefore not manually removable. The court held that "if it were considered desirable for any reason to obtain access to the end of [the prior art' s] holder to which the cap is applied, it would be obvious to make the cap removable for that purpose." MPEP § 2144.04-V-C.
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Annotated Fig. 3 of Peng
Regarding claim 17, Peng discloses the sump assembly of claim 16 (see the rejection of claim 16 above), wherein the lower body further comprises an external shell that is insulated and a casing that forms the internal sump, wherein the external shell defines an internal volume in which the pump is disposed, wherein the casing and the external shell at least partially define the outer vacuum area in which the outer vacuum is formed, and wherein at least a portion of the outer vacuum area is located radially between the casing and the external shell (See annotated Fig. 3 of Peng below, outer cylinder 17 is depicted to contain inner cylinder 15 within an internal volume C and inner cylinder 15 is depicted to form an internal sump G and annotated Fig. 3 of Peng also depicts outer vacuum area E to be located radially between the inner cylinder 15 and the outer cylinder 17; Pg. 16, paragraph 36, As shown in Figure 3, the inner shell is located inside the outer shell, and a sealed space is formed between the inner shell and the outer shell through the sealing flange 1, and a vacuum structure is formed between the inner shell and the outer shell).
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Annotated Fig. 3 of Peng
Regarding claim 19, Peng discloses the sump assembly of claim 16 (see the rejection of claim 16 above), wherein the upper body comprises:
a top plate that is configured to couple to the lower body (Fig. 3, sealing flange 1; Pg. 16, paragraph 37, A flange cover 2 is provided above the sealing flange 1. The flange cover 2 is connected to the sealing flange 1 through the flange sealing gasket 12, as shown in Figures 3 and 4); and
an intermediate flange positioned below and spaced apart from the top plate, wherein the intermediate flange extends into the lower body when the upper body is coupled to the lower body (See annotated Fig. 3 of Peng below, intermediate flange D is disposed in the internal volume C of the outer cylinder 17 and is positioned below and spaced apart from the flange cover 2 and extends into the inner cylinder 15 when the flange cover 2 is coupled to the sealing flange 1 as depicted in annotated Fig. 3 of Peng).
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Annotated Fig. 3 of Peng
Regarding claim 20, Peng discloses the sump assembly of claim 19 (see the rejection of claim 19 above), wherein the upper body further comprises an internal sleeve sealingly fixed to and extending vertically between the top plate and the intermediate flange, wherein the internal sleeve, the top plate, and the intermediate flange define the upper vacuum area in which the upper vacuum is formed (See annotated Fig. 3 of Peng below, liquid outlet outer pipe 11 is sealingly fixed to and extending vertically between the flange cover 2 and the intermediate flange D; Pg. 17, paragraph 38, the outer cylinder and sealing plate outside the liquid outlet pipe 5 form the liquid outlet outer pipe 11. The spaces between the liquid inlet pipe 3 and the liquid inlet outer pipe 9, between the overflow pipe 4 and the overflow outer pipe 10, and between the liquid outlet pipe 5 and the liquid outlet outer pipe 11 are all in a sealed vacuum state, thereby achieving the effect of heat preservation; Pg. 20, paragraph 43, To avoid stress concentration when there is pressure inside the container, the liquid outlet pipe 11 is fixed to the flange cover 2 by means of a liner 19. The liner 19 consists of an outer cylinder fitted onto the liquid outlet outer pipe 11 and sealing plates welded to the upper and lower ends of the outer cylinder. The outer side of the sealing plate is welded to the liner 19, and the inner side of the sealing plate is welded to the liquid outlet pipe 11. The outer cylinder is welded to the flange cover 2, as shown in Figure 3).
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Annotated Fig. 3 of Peng
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.
Claims 1-12 and 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Peng et al. (CN 203925934), hereinafter Peng in view of Yoshimoto et al. (US Patent No. 11,384,747), hereinafter Yoshimoto.
Regarding claim 1, Peng discloses a sump assembly for cryogenic fluid (Fig. 1; Pg. 21, paragraph 45, The function of the inlet and outlet is to pump the LNG (liquefied natural gas) stored in the storage tank or tank truck into the receiving vehicle or storage tank via the submersible pump 6), the sump assembly comprising:
an external shell that is insulated, wherein the external shell includes an upper end and a lower end and defines an internal volume (See annotated Fig. 3 of Peng below, outer cylinder 17 is depicted with an upper end A and a Lower end B and defines an internal volume C);
a top plate positioned adjacent to the upper end of the external shell (See annotated Fig. 3 of Peng below, flange cover 2 is positioned adjacent to the upper end A of the outer cylinder 17);
an intermediate flange disposed in the internal volume of the external shell, wherein the intermediate flange is positioned below and spaced apart from the top plate (See annotated Fig. 3 of Peng below, intermediate flange D is disposed in the internal volume C of the outer cylinder 17 and is positioned below and spaced apart from the flange cover 2; Pg. 17, paragraph 38, the outer cylinder and sealing plate outside the liquid outlet pipe 5 form the liquid outlet outer pipe 11. The spaces between the liquid inlet pipe 3 and the liquid inlet outer pipe 9, between the overflow pipe 4 and the overflow outer pipe 10, and between the liquid outlet pipe 5 and the liquid outlet outer pipe 11 are all in a sealed vacuum state, thereby achieving the effect of heat preservation);
an internal sleeve sealingly fixed to and extending vertically between the top plate and the intermediate flange, wherein the internal sleeve, the top plate, and the intermediate flange define an upper vacuum area in which an upper vacuum is formed for insulation (See annotated Fig. 3 of Peng below, liquid outlet outer pipe 11 is sealingly fixed to and extending vertically between the flange cover 2 and the intermediate flange D; Pg. 17, paragraph 38, the outer cylinder and sealing plate outside the liquid outlet pipe 5 form the liquid outlet outer pipe 11. The spaces between the liquid inlet pipe 3 and the liquid inlet outer pipe 9, between the overflow pipe 4 and the overflow outer pipe 10, and between the liquid outlet pipe 5 and the liquid outlet outer pipe 11 are all in a sealed vacuum state, thereby achieving the effect of heat preservation; Pg. 20, paragraph 43, To avoid stress concentration when there is pressure inside the container, the liquid outlet pipe 11 is fixed to the flange cover 2 by means of a liner 19. The liner 19 consists of an outer cylinder fitted onto the liquid outlet outer pipe 11 and sealing plates welded to the upper and lower ends of the outer cylinder. The outer side of the sealing plate is welded to the liner 19, and the inner side of the sealing plate is welded to the liquid outlet pipe 11. The outer cylinder is welded to the flange cover 2, as shown in Figure 3);
a casing that is disposed in the internal volume of the external shell and forms an internal sump, wherein the casing is positioned below the intermediated flange, and wherein the casing and the external shell at least partially define an outer vacuum area in which an outer vacuum is formed for further insulation, wherein at least a portion of the outer vacuum area is located radially between the casing and the external shell (See annotated Fig. 3 of Peng below, inner cylinder 15 is disposed in the internal volume C of the outer cylinder 17 and forms an internal sump G and has at least a portion of the inner cylinder 15 positioned below the intermediated flange D; annotated Fig. 3 of Peng also depicts outer vacuum area E to be located radially between the inner cylinder 15 and the outer cylinder 17; Pg. 16, paragraph 36, As shown in Figure 3, the inner shell is located inside the outer shell, and a sealed space is formed between the inner shell and the outer shell through the sealing flange 1, and a vacuum structure is formed between the inner shell and the outer shell); and
a pump submerged in the internal sump (Fig. 3, submersible pump 6; Pg. 18, paragraph 40, As shown in Figure 3, the submersible pump 6 is located inside the inner shell and is connected to the bottom end of the outlet pipe 5. The submersible pump 6 is connected to the bottom end of the outlet pipe 5 through the connecting flange 13).
However, Peng does not disclose wherein the casing sealingly engages the intermediate flange.
Yoshimoto teaches wherein the casing sealingly engages the intermediate flange (Fig. 6, heat insulating vessel 1A, lid structure 6A, inner tank 3, O-rings 25; Col. 5, lines 18-23, At positions corresponding to parts close to a lower end of the cylindrical body 6a, O-rings 25 for low temperature are attached to a plurality of annular seal grooves formed in the inner tank 3 so that the O-rings 25 fluid-tightly seals between the inner tank 3 and the lid structure 6).
Peng fails to teach wherein the casing sealingly engages the intermediate flange, however Yoshimoto teaches that it is a known method in the art of cryogenic sump assemblies to include wherein the casing sealingly engages the intermediate flange. This is strong evidence that modifying Peng as claimed would produce predictable results (i.e. providing desired heat transfer characteristics within the sump assembly to improve overall system efficiencies). Accordingly, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Peng by Yoshimoto and arrive at the claimed invention since all claimed elements were known in the art and one having ordinary skill in the art could have combined the elements as claimed by known methods with no changes in their respective functions and the combination would have yielded the predictable result of providing desired heat transfer characteristics within the sump assembly to improve overall system efficiencies.
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Annotated Fig. 3 of Peng
Regarding claim 2, Peng as modified discloses the sump assembly of claim 1 (see the combination of references used in the rejection of claim 1 above), further comprising a lower body that includes the external shell and the casing (Peng, Fig. 3, outer cylinder 17 and inner cylinder 15 form a lower body).
Regarding claim 3, Peng as modified discloses the sump assembly of claim 2 (see the combination of references used in the rejection of claim 2 above), wherein the lower body further comprises:
a mounting plate sealingly fixed to the lower end of the external shell, wherein the mounting plate is configured to be mounted onto an external surface (Peng, Fig. 3, base plate 18; Pg. 15, paragraph 33, The outer casing consists of an outer cylinder 17 and a base plate 18 disposed at the bottom of the outer cylinder 17; Further, base plate 18 has the same structure as the claimed mounting plate and is capable of functioning in the manner claimed); and
a top flange sealingly fixed to the upper end of the external shell, wherein the top plate is configured to couple to the top flange (Peng, Fig. 3, sealing flange 1; Pg. 16, paragraph 37, A flange cover 2 is provided above the sealing flange 1. The flange cover 2 is connected to the sealing flange 1 through the flange sealing gasket 12, as shown in Figures 3 and 4; Further, flange cover 2 has the same structure as the claimed top plate and is capable of functioning in the manner claimed).
Regarding claim 4, Peng as modified discloses the sump assembly of claim 3 (see the combination of references used in the rejection of claim 3 above).
Peng as modified does not explicitly disclose wherein the lower body further comprises an external sleeve sealingly fixed to and extending downwardly from the top flange, wherein the external sleeve is positioned radially between the internal sleeve and the external shell to create a radial buffer between the upper vacuum area and an upper portion of the outer vacuum area.
Yoshimoto teaches wherein the lower body further comprises an external sleeve sealingly fixed to and extending downwardly from the top flange, wherein the external sleeve is positioned radially between the internal sleeve and the external shell to create a radial buffer between the upper vacuum area and an upper portion of the outer vacuum area (See annotated Fig. 6 of Yoshimoto below, external sleeve F is sealingly fixed to and extending downwardly from the first flange 15 (see fig. 1 of Yoshimoto), and is positioned radially between the cylindrical body 6a and the outer tank 5 to create a radial buffer between the vacuum insulating layer 51 and an upper portion of the vacuum insulating layer 4 and further comprises O-rings 25 sealingly fixed to and between the external sleeve F and the inner tank 3, wherein the O-rings 25 sealingly engages the lid structure 6A which corresponds to the intermediate flange; Col. 5, lines 18-23, At positions corresponding to parts close to a lower end of the cylindrical body 6a, O-rings 25 for low temperature are attached to a plurality of annular seal grooves formed in the inner tank 3 so that the O-rings 25 fluid-tightly seals between the inner tank 3 and the lid structure 6).
Peng as modified fails to teach wherein the lower body further comprises an external sleeve sealingly fixed to and extending downwardly from the top flange, wherein the external sleeve is positioned radially between the internal sleeve and the external shell to create a radial buffer between the upper vacuum area and an upper portion of the outer vacuum area, however Yoshimoto teaches that it is a known method in the art of cryogenic sump assemblies to include wherein the lower body further comprises an external sleeve sealingly fixed to and extending downwardly from the top flange, wherein the external sleeve is positioned radially between the internal sleeve and the external shell to create a radial buffer between the upper vacuum area and an upper portion of the outer vacuum area. This is strong evidence that modifying Peng as modified as claimed would produce predictable results (i.e. providing desired heat transfer characteristics within the sump assembly to improve overall system efficiencies). Accordingly, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Peng as modified by Yoshimoto and arrive at the claimed invention since all claimed elements were known in the art and one having ordinary skill in the art could have combined the elements as claimed by known methods with no changes in their respective functions and the combination would have yielded the predictable result of providing desired heat transfer characteristics within the sump assembly to improve overall system efficiencies.
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Annotated Fig. 6 of Yoshimoto
Regarding claim 5, Peng as modified discloses the sump assembly of claim 4 (see the combination of references used in the rejection of claim 4 above), wherein the lower body further comprises a sealing body that is sealingly fixed to and between the external sleeve and the casing, wherein the sealing body sealingly engages the intermediate flange (See annotated Fig. 6 of Yoshimoto below, O-rings 25 sealingly fixed to and between the external sleeve F and the inner tank 3, wherein the O-rings 25 sealingly engages the lid structure 6A which corresponds to the intermediate flange). Further, the limitations of claim 5 are the result of the modification of references used in the rejection of claim 4 above.
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Annotated Fig. 6 of Yoshimoto
Regarding claim 6, Peng as modified discloses the sump assembly of claim 2 (see the combination of references used in the rejection of claim 2 above), further comprising an upper body that is removable from the lower body to provide easy access to the pump without further disassembly (Peng, Pg. 9, paragraph 20, The connection flange in this utility model effectively facilitates the maintenance and replacement of the submersible pump, and makes the operation simpler during maintenance and replacement; Pg. 16, paragraph 37, A flange cover 2 is provided above the sealing flange 1. The flange cover 2 is connected to the sealing flange 1 through the flange sealing gasket 12, as shown in Figures 3 and 4; Further, the teachings of Peng at least imply the flange cover 2 is removable since it has been held in considering the disclosure of a reference, it is proper to take into account not only specific teachings of the reference but also the inferences which one skilled in the art would reasonably be expected to draw therefrom (MPEP 2144.01)). Moreover, regarding an upper body that is removable from the lower body to provide easy access to the pump without further disassembly, the court has held that making components separable may be considered obvious to a person of ordinary skill in the art. In re Dulberg, 289 F.2d 522, 523, 129 USPQ 348, 349 (CCPA 1961), the claimed structure, a lipstick holder with a removable cap, was fully met by the prior art except that in the prior art the cap is "press fitted" and therefore not manually removable. The court held that "if it were considered desirable for any reason to obtain access to the end of [the prior art' s] holder to which the cap is applied, it would be obvious to make the cap removable for that purpose." MPEP § 2144.04-V-C.
Regarding claim 7, Peng as modified discloses the sump assembly of claim 6 (see the combination of references used in the rejection of claim 6 above), wherein the upper body comprises the top plate, the intermediate flange, and the internal sleeve (See annotated Fig. 3 of Peng below, flange cover 2, intermediate flange D, liquid outlet pipe 11).
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Annotated Fig. 3 of Peng
Regarding claim 8, Peng as modified discloses the sump assembly of claim 7 (see the combination of references used in the rejection of claim 7 above), wherein the top plate of the upper body is configured to be removably fastened to the lower body, and wherein the internal sleeve and the intermediate flange extend into the internal volume of the external shell when the top plate is coupled to the lower body (See annotated Fig 3 of Peng below, liquid outlet pipe 11 and intermediate flange D extend into the internal volume C when flange cover 2 is coupled to the sealing flange one as depicted in Fig. 3 of Peng; Pg. 9, paragraph 20, The connection flange in this utility model effectively facilitates the maintenance and replacement of the submersible pump, and makes the operation simpler during maintenance and replacement; Pg. 16, paragraph 37, A flange cover 2 is provided above the sealing flange 1. The flange cover 2 is connected to the sealing flange 1 through the flange sealing gasket 12, as shown in Figures 3 and 4; Further, the teachings of Peng at least imply the flange cover 2 is removable since it has been held in considering the disclosure of a reference, it is proper to take into account not only specific teachings of the reference but also the inferences which one skilled in the art would reasonably be expected to draw therefrom (MPEP 2144.01); Additionally, the flange cover 2 has the same structure as the claimed top plate and is capable of functioning in the manner claimed). Moreover, regarding wherein the top plate of the upper body is configured to be removably fastened to the lower body, and wherein the internal sleeve and the intermediate flange extend into the internal volume of the external shell when the top plate is coupled to the lower body, the court has held that making components separable may be considered obvious to a person of ordinary skill in the art. In re Dulberg, 289 F.2d 522, 523, 129 USPQ 348, 349 (CCPA 1961), the claimed structure, a lipstick holder with a removable cap, was fully met by the prior art except that in the prior art the cap is "press fitted" and therefore not manually removable. The court held that "if it were considered desirable for any reason to obtain access to the end of [the prior art' s] holder to which the cap is applied, it would be obvious to make the cap removable for that purpose." MPEP § 2144.04-V-C.
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Annotated Fig. 3 of Peng
Regarding claim 9, Peng as modified discloses the sump assembly of claim 1 (see the combination of references used in the rejection of claim 1 above), further comprising:
a discharge connection for discharging the cryogenic fluid, wherein the discharge connection is coupled to the top plate and fluidly connected to the pump (See annotated Fig 3 of Peng below, discharge connection 5a; Pg. 17, paragraph 38, while the outlet pipe 5 penetrates the flange cover 2 and is connected to the inside of the inner shell; Pg. 18, paragraph 40, As shown in Figure 3, the submersible pump 6 is located inside the inner shell and is connected to the bottom end of the outlet pipe 5. The submersible pump 6 is connected to the bottom end of the outlet pipe 5 through the connecting flange 13); and
a discharge pipe extending through the top plate, the upper vacuum area, and the intermediate flange to fluidly connect the discharge connection to the pump (See annotated Fig 3 of Peng below, discharge connection 5a connects to submersible pump 6 via outlet pipe 5;Pg. 17, paragraph 38, while the outlet pipe 5 penetrates the flange cover 2 and is connected to the inside of the inner shell; Pg. 18, paragraph 40, As shown in Figure 3, the submersible pump 6 is located inside the inner shell and is connected to the bottom end of the outlet pipe 5. The submersible pump 6 is connected to the bottom end of the outlet pipe 5 through the connecting flange 13).
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Annotated Fig. 3 of Peng
Regarding claim 10, Peng as modified discloses the sump assembly of claim 9 (see the combination of references used in the rejection of claim 9 above), further comprising a pump flange that is fixed to an end of the discharge pipe that extends below the intermediate flange, and wherein a top end of the pump is coupled to the pump flange (See annotated Fig 3 of Peng below, connecting flange 13 is depicted to be fixed to an end of the outlet pipe 5 and extends below the intermediate flange D; Pg. 18, paragraph 40, As shown in Figure 3, the submersible pump 6 is located inside the inner shell and is connected to the bottom end of the outlet pipe 5. The submersible pump 6 is connected to the bottom end of the outlet pipe 5 through the connecting flange 13).
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Annotated Fig. 3 of Peng
Regarding claim 11, Peng as modified discloses the sump assembly of claim 9 (see the combination of references used in the rejection of claim 9 above), wherein a length of the internal sleeve causes the pump and the discharge connection to be spaced apart by at least a height of the upper vacuum extending between the intermediate flange and the top plate to minimize heat transfer as the cryogenic fluid passes through the discharge pipe for discharge from the discharge connection (See annotated Fig 3 of Peng below, the length of the liquid outlet outer pipe 11to cause the submersible pump 6 and the discharge connection 5a to be spaced apart by at least a height of the upper vacuum extending between the intermediate flange D and the flange cover 2 to minimize heat transfer as the cryogenic fluid passes through the discharge pipe for discharge from the discharge connection; Pg. 17, paragraph 38, The spaces between the liquid inlet pipe 3 and the liquid inlet outer pipe 9, between the overflow pipe 4 and the overflow outer pipe 10, and between the liquid outlet pipe 5 and the liquid outlet outer pipe 11 are all in a sealed vacuum state, thereby achieving the effect of heat preservation; Further, the teachings of Peng at least imply minimizing heat transfer as the cryogenic fluid passes through the discharge pipe for discharge from the discharge connection since it has been held in considering the disclosure of a reference, it is proper to take into account not only specific teachings of the reference but also the inferences which one skilled in the art would reasonably be expected to draw therefrom (MPEP 2144.01)).
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Annotated Fig. 3 of Peng
Regarding claim 12, Peng as modified discloses the sump assembly of claim 1 (see the combination of references used in the rejection of claim 1 above), further comprising an electrical feed that is coupled to the top plate and extends through the top plate, the upper vacuum area, the intermediate flange to enable electrical power to be provided to the pump (Peng, Fig. 1, wringing port 8; Pg. 19, paragraph 41, The flange cover 2 is also connected to a vent pipe, and the flange cover 2 is also equipped with a temperature measuring port 7 and a wire threading port 8; Pg. 22, paragraph 45, a wiring port 8 is used to power the motor of the submersible pump 6).
Regarding claim 14, Peng as modified discloses the sump assembly of claim 1 (see the combination of references used in the rejection of claim 1 above).
However, Peng as modified does not explicitly disclose further comprising an upper vacuum pumpout disposed on the top plate and configured to create the upper vacuum in the upper vacuum area.
Yoshimoto teaches further comprising an upper vacuum pumpout disposed on the top plate and configured to create the upper vacuum in the upper vacuum area (Fig. 6, top plate 50, vacuum-pump port 53; Col. 9, lines 65-67, In the cylindrical body 6a, above the second flange 16, a vacuum-pump port 53 is formed and a rupture disk 54 is also provided).
Peng as modified fails to teach an upper vacuum pumpout disposed on the top plate and configured to create the upper vacuum in the upper vacuum area, however Yoshimoto teaches that it is a known method in the art of cryogenic sump assemblies to include an upper vacuum pumpout disposed on the top plate and configured to create the upper vacuum in the upper vacuum area. This is strong evidence that modifying Peng as modified as claimed would produce predictable results (i.e. providing the ability to achieve vacuum within the upper vacuum area to achieve desired heat transfer characteristics within the sump assembly to improve overall system efficiencies). Accordingly, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Peng as modified by Yoshimoto and arrive at the claimed invention since all claimed elements were known in the art and one having ordinary skill in the art could have combined the elements as claimed by known methods with no changes in their respective functions and the combination would have yielded the predictable result of providing the ability to achieve vacuum within the upper vacuum area to achieve desired heat transfer characteristics within the sump assembly to improve overall system efficiencies.
Regarding claim 15, Peng as modified discloses the sump assembly of claim 1 (see the combination of references used in the rejection of claim 1 above).
However, Peng as modified does not explicitly disclose further comprising an outer vacuum pumpout that extends through the external shell and is sealingly connected to the casing, wherein the outer vacuum pumpout is configured to create the outer vacuum in the outer vacuum area.
Yoshimoto teaches further comprising an outer vacuum pumpout that extends through the external shell and is sealingly connected to the casing, wherein the outer vacuum pumpout is configured to create the outer vacuum in the outer vacuum area (Fig. 6, vacuum-pump port 14, outer tank 5, inner tank 3; Col. 4, lines 56-60, A vacuum-pump port 14 which is connectable with an external vacuum pump is formed in the outer tank upper part 5U, and it is openably closed by a lid member 14a. Signal wires for a vacuum indicator or a temperature sensor are introduced into the vacuum-pump port 14).
Peng as modified fails to teach an outer vacuum pumpout that extends through the external shell and is sealingly connected to the casing, wherein the outer vacuum pumpout is configured to create the outer vacuum in the outer vacuum area, however Yoshimoto teaches that it is a known method in the art of cryogenic sump assemblies to include an outer vacuum pumpout that extends through the external shell and is sealingly connected to the casing, wherein the outer vacuum pumpout is configured to create the outer vacuum in the outer vacuum area. This is strong evidence that modifying Peng as modified as claimed would produce predictable results (i.e. providing the ability to achieve vacuum within the outer vacuum area to achieve desired heat transfer characteristics within the sump assembly to improve overall system efficiencies). Accordingly, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Peng as modified by Yoshimoto and arrive at the claimed invention since all claimed elements were known in the art and one having ordinary skill in the art could have combined the elements as claimed by known methods with no changes in their respective functions and the combination would have yielded the predictable result of providing the ability to achieve vacuum within the outer vacuum area to achieve desired heat transfer characteristics within the sump assembly to improve overall system efficiencies.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Peng as applied to claim 17 above, and further in view of Yoshimoto et al. (US Patent No. 11,384,747), hereinafter Yoshimoto.
Regarding claim 18, Peng discloses the sump assembly of claim 17 (see the rejection of claim 17 above), wherein the lower body further comprises a top flange, wherein the upper body is configured to couple to the top flange (Fig. 3, sealing flange 1; Pg. 16, paragraph 37, A flange cover 2 is provided above the sealing flange 1. The flange cover 2 is connected to the sealing flange 1 through the flange sealing gasket 12, as shown in Figures 3 and 4; Further, flange cover 2 has the same structure as the claimed top plate and is capable of functioning in the manner claimed).
However, Peng does not explicitly disclose an external sleeve sealingly fixed to and extending downwardly from the top flange and wherein the external sleeve is positioned radially between the upper vacuum area and the outer vacuum area to create a radial buffer between the upper vacuum area and an upper portion of the outer vacuum area.
Yoshimoto teaches an external sleeve sealingly fixed to and extending downwardly from the top flange and wherein the external sleeve is positioned radially between the upper vacuum area and the outer vacuum area to create a radial buffer between the upper vacuum area and an upper portion of the outer vacuum area (See annotated Fig. 6 of Yoshimoto below, external sleeve F is sealingly fixed to and extending downwardly from the first flange 15 (see fig. 1 of Yoshimoto), and is positioned radially between the cylindrical body 6a and the outer tank 5 to create a radial buffer between the vacuum insulating layer 51 and an upper portion of the vacuum insulating layer 4 and further comprises O-rings 25 sealingly fixed to and between the external sleeve F and the inner tank 3, wherein the O-rings 25 sealingly engages the lid structure 6A which corresponds to the intermediate flange; Col. 5, lines 18-23, At positions corresponding to parts close to a lower end of the cylindrical body 6a, O-rings 25 for low temperature are attached to a plurality of annular seal grooves formed in the inner tank 3 so that the O-rings 25 fluid-tightly seals between the inner tank 3 and the lid structure 6).
Peng fails to teach an external sleeve sealingly fixed to and extending downwardly from the top flange and wherein the external sleeve is positioned radially between the upper vacuum area and the outer vacuum area to create a radial buffer between the upper vacuum area and an upper portion of the outer vacuum area, however Yoshimoto teaches that it is a known method in the art of cryogenic sump assemblies to include an external sleeve sealingly fixed to and extending downwardly from the top flange and wherein the external sleeve is positioned radially between the upper vacuum area and the outer vacuum area to create a radial buffer between the upper vacuum area and an upper portion of the outer vacuum area. This is strong evidence that modifying Peng as modified as claimed would produce predictable results (i.e. providing desired heat transfer characteristics within the sump assembly to improve overall system efficiencies). Accordingly, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Peng as modified by Yoshimoto and arrive at the claimed invention since all claimed elements were known in the art and one having ordinary skill in the art could have combined the elements as claimed by known methods with no changes in their respective functions and the combination would have yielded the predictable result of providing desired heat transfer characteristics within the sump assembly to improve overall system efficiencies.
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Annotated Fig. 6 of Yoshimoto
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Peng as modified by Yoshimoto as applied to claim 1 above, and further in view of Wilkerson (US Patent No. 10,914,297), hereinafter Wilkerson.
Regarding claim 13, Peng as modified discloses the sump assembly of claim 1 (see the combination of references used in the rejection of claim 1 above).
Peng as modified does not disclose further comprising a liquid level sensor configured to detect a liquid level of the cryogenic fluid inside the internal sump.
Wilkerson teaches further comprising a liquid level sensor configured to detect a liquid level of the fluid inside the internal sump (Fig. 1, level sensor 30, sump pit 20, sump pump 18; level sensor 30 is disposed in the sump pit 20 containing the sump pump 18 and the cooperating level controller 32 is disposed in the enclosure 12. The level controller 32 receives an electrical signal from the level sensor 30 that represents the water level in the well 20).
Peng fails to teach a liquid level sensor configured to detect a liquid level of the cryogenic fluid inside the internal sump, however Wilkerson teaches that it is a known method in the art of sump assemblies to include a liquid level sensor configured to detect a liquid level of the fluid inside the internal sump. This is strong evidence that modifying Peng as claimed would produce predictable results (i.e. providing real-time sensor data of the liquid level within the sump assembly to improve overall system efficiencies). Accordingly, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Peng by Wilkerson and arrive at the claimed invention since all claimed elements were known in the art and one having ordinary skill in the art could have combined the elements as claimed by known methods with no changes in their respective functions and the combination would have yielded the predictable result of providing real-time sensor data of the liquid level within the sump assembly to improve overall system efficiencies.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Benistand-Hector et al. (US Patent No. 12,092,098) discloses a similar sump assembly for cryogenic fluids.
Kratschmar et al. (US Patent No. 11,149,703) discloses a similar sump assembly for cryogenic fluids.
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/DEVON MOORE/Examiner, Art Unit 3763 June 11th, 2026
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