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 .
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. Currently, no claim limitation is being interpreted as invoking 35 U.S.C. 112(f).
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.
Claims 1-2 and 7-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO 2010/038069 to Hillier et al. (Hillier). This document was cited on an IDS and a copy thereof filed with the application. Therefore, a copy has not been included with this office action.
Regarding claim 1, Hillier discloses a refueling station (title/abstract) configured to be transported to a work site (via the trailer(s), the station can be transported to a desired location, including a work site), the refueling station comprising: a compressor unit (compression device; see page 5, lines 24-25) configured to: receive hydrogen in input from at least one of a hydrogen source (100 or 310, 312, 314) and a hydrogen distribution network, and compress the received hydrogen (the compression device compresses the hydrogen from the source); and an injection nozzle (the fluid passage of the coupling of the hose which connects to vehicle 200) connected to the compressor unit and configured to be coupled to a hydrogen accumulator of a crawler vehicle to deliver the compressed hydrogen into the hydrogen accumulator of the crawler vehicle (the coupler/injector is configured to connect to any complimentary receiver of a vehicle which can include a hydrogen-powered crawler vehicle).
Regarding claim 2, Hillier discloses an outer casing (the outer casing of pod 1) arranged around the compressor unit (Fig. 1).
Regarding claim 7, Hillier discloses an electrical connector configured to be coupled to a power supply module (see page 7, line 32 – page 8, line 6; electrical connector to connect to a power main or to a battery).
Regarding claim 8, Hillier discloses a refueling system (title/abstract) to refuel a crawler vehicle with hydrogen at a work site (intended use; the system of Hillier supplies hydrogen to vehicles which could include a hydrogen-powered crawler vehicle at a work site), the refueling system comprising: a hydrogen source (310, 312, 314) comprising at least one hydrogen tank; and a refueling station comprising: a compressor unit (compression device; page 5, lines 24-25) configured to: receive hydrogen from the hydrogen source (page 9, lines 24-33), and compress the received hydrogen (page 9, lines 24-33); and an injection nozzle (the fluid passage of the coupling of the hose which connects to vehicle 200) connected to the compressor unit and configured to be coupled to a hydrogen accumulator of the crawler vehicle to deliver the compressed hydrogen into the hydrogen accumulator of the crawler vehicle (the coupler/injector is configured to connect to any complimentary receiver of a vehicle which can include a hydrogen-powered crawler vehicle).
9. The refueling system of claim 8, wherein the hydrogen source comprises a containment frame (300) configured to contain a plurality of hydrogen tanks (310, 312, 314).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Hillier.
Regarding claim 3, Hillier discloses the refueling station of claim 2 (see above), but does not disclose the outer casing extends along a first direction for a first length of between 1.5 meters and 2.5 meters, along a second direction substantially perpendicular to the first direction for a second length of between 3 meters and 4 meters, and along a third direction substantially perpendicular to the first direction and to the second direction for a third length of between 1.5 meters and 2.5 meters. Hillier does disclose the casing is mounted on a trailer sized to be transported via roads. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have sized to casing in the range of 1.5-2.5m x 3-4m x 1.5-2.5m, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. See MPEP 2144.04(IV)(A). Choosing a desired size within the parameters of being transportable via roads is an obvious matter of design choice which does not alter the function or operation of the system.
Claim 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over Hillier in view of US Patent 7,128,103 to Mitlitsky et al. (Mitlitsky).
Regarding claim 4, Hillier discloses the refueling station of claim 1 (see above), and further discloses manifold configured to fluidically connect the compressor unit to the injection nozzle (the hose between the compression device and the vehicle). Hillier does not disclose a manifold connecting the compressor unit to the nozzle. Mitlitsky teaches a hydrogen refueling station including a manifold (see Fig. 3 which shows a manifold connecting the compressor to the nozzles) connected between a compressor (94) and dispensing nozzles (130, 132) so that more than one vehicle can be connected to the station at once. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used a manifold to connect the compressor to the nozzle(s) as taught by Mitlitsky in the system of Hillier so that more than one vehicle can be connected to the system at once.
Regarding claim 5, Hillier further discloses a flexible connection pipe (hose connecting the compression device and the vehicle; see Fig. 1). As modified to include the manifold, the flexible connection pipe would be connected to the manifold.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Hillier in view of US Patent 10,236,522 to O’Brien et al. (O’Brien).
Regarding claim 6, Hillier discloses the refueling station of claim 1 (see above), but does not disclose a heating unit configured to heat the compressor unit. O’Brien teaches a hydrogen dispensing system which includes a heater (220) configured to heat the compressor unit (see Fig. 2) to prevent freezing (col. 17, lines 40-46). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included a heater as taught by O’Brien in the system of Hillier to prevent freezing.
Claims 10-13 are rejected under 35 U.S.C. 103 as being unpatentable over Hillier in view of US Patent Application Publication 2023/0243123 to Harper et al. (Harper).
Regarding claim 10, Hillier discloses a method of refueling a vehicle (200) with hydrogen at a work site (the site at which the station is parked and the vehicle refueled can be considered a work site), the method comprising: transporting (via trailer/pod 1 and an attached vehicle) a hydrogen refueling station comprising a compressor unit (compression device; page 5, lines 24-25) and an injection nozzle (the fluid passage of the coupling of the hose which connects to vehicle 200) to the work site; injecting hydrogen into the compressor unit (page 9, lines 24-33) from at least one of a hydrogen source (310, 312, 314) and a hydrogen distribution network; compressing the hydrogen received by the compressor unit (the compression device compressed the hydrogen); coupling the injection nozzle to a hydrogen accumulator of the vehicle (see Fig. 1); and delivering the compressed hydrogen into the hydrogen accumulator of the vehicle by the injection nozzle (compressed hydrogen flows into the hydrogen tank of the vehicle through the nozzle). Hillier does not disclose the vehicle is a crawler vehicle. Harper teaches a hydrogen-powered crawler vehicle (see abstract, Fig. 1, and claim 25). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the system of Hillier for supplying hydrogen to a crawler vehicle as taught by Harper. The transportable nature of the station of Hillier allows it to be moved to a location as needed, rather than needing to move the crawler vehicle to a hydrogen refueling station, reducing downtime of the crawler vehicle and potentially saving money.
Regarding claim 11, Hillier further discloses moving the refueling station from the work site to another work site by at least one of a transport vehicle (the station is moved via a vehicle to different locations/work sites as needed) and a crane.
Regarding claim 12, Hillier further discloses comprising connecting the compressor unit to the at least one of the hydrogen source (source 310, 312, 314 is connected to the compression device) and the hydrogen distribution network.
Regarding claim 13, Hillier discloses coupling the hydrogen source comprising a plurality of hydrogen tanks (310, 312, 314) to a transport vehicle, and transporting the hydrogen source at the refueling station by the transport vehicle (page 10, lines 3-6; the hydrogen source can be transported by a vehicle connected to trailer 300 or can be incorporated into the same trailer as the compressor and both transported via a single vehicle).
Claims 14-16 are rejected under 35 U.S.C. 103 as being unpatentable over DE102021211085 to Schuelke (Schuelke) in view of Harper. DE102021211085 to Schuelke was cited on an IDS and a copy thereof (including English translation) included with the application. Therefore, a copy has not been included with this office action. Further, citations of specific portions of the text refer to the English translation.
Regarding claim 14, Schuelke discloses a method to refuel a vehicle with hydrogen at a work site (the site at which the vehicle is refueled can be considered a work site), the method comprising: placing a first hydrogen-fueled vehicle (F2) in proximity to a second hydrogen-fueled vehicle (F1; see Fig. 1); connecting, by a connection pipe (1), a first hydrogen accumulator (hydrogen tank) of the first vehicle to a second hydrogen accumulator (hydrogen tank) of the second vehicle; and feeding, through the connection pipe, a flow of hydrogen from the first hydrogen accumulator to the second hydrogen accumulator ([0043]-[0044]). Schuelke does not disclose the vehicles are crawler vehicles. Harper teaches a hydrogen-powered crawler vehicle (see abstract, Fig. 1, and claim 25). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the system of Schuelke for supplying hydrogen from one hydrogen-fueled crawler vehicle to another hydrogen-fueled crawler vehicle as taught by Harper for aiding a crawler vehicle which has run out or become very low on fuel without the need to return to a refueling station.
Regarding claim 15, Schuelke further discloses the first hydrogen accumulator contains a first amount of hydrogen and the second hydrogen accumulator contains a second amount of hydrogen less than the first amount of hydrogen (see [0012] and [0033]-[0035]; the tanks have differing amounts of hydrogen and the vehicle having more hydrogen is used to refuel the empty/low fuel vehicle).
Regarding claim 16, Schuelke further discloses controlling the flow through the connection pipe according to at least one of a pressure of the hydrogen contained in the first hydrogen accumulator, a temperature of the hydrogen contained in the first hydrogen accumulator, a pressure of the hydrogen contained in the second hydrogen accumulator, and a temperature of the hydrogen contained in the second hydrogen accumulator (see [0022], [0029] and [0045]-[0047]; the control of the flow is based at least on one of the temperature of the tank(s) and the pressure in the tank(s)).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICOLAS A ARNETT whose telephone number is (571)270-5062. The examiner can normally be reached M- F, 8AM - 3PM.
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/NICOLAS A ARNETT/Primary Examiner, Art Unit 3753 January 7, 2026