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 .
Election/Restrictions
Claim 6 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 2/26/26. Claim 6 does not relate to Fig. 3 as there is no outlet disposed within the fuel line.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 7, 9-11, and 21 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 7 states “the gas line outlet”. There is a lack of antecedent basis for this limitation.
Claims 9-11 state “configured to be disposed in a vicinity of”. It is unclear what the metes and bounds of “in a vicinity of” are. How close is this? What structure is required?
Claim 21 states “the aircraft includes a system for generating inert gas for use within a system on the aircraft and a port at an exterior of the aircraft for connecting a gas line to the port for transporting the inert gas from the gas supply on the aircraft to an item of ground support equipment”. It is unclear if these components are referring to previously recited structure or are meant to introduce new elements. Elements like a gas line and ground support equipment are already introduced.
All dependent claims not addressed above are rejected as being dependent upon a rejected base claim.
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.
Claim(s) 1, 4-5, 7-11, 13, and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bragg (US 3948626 A).
For claim 1, Bragg discloses an apparatus for supplying gas from an aircraft to ground equipment Fig. 1-2, the apparatus comprising;
a gas supply 2 housed within the aircraft; and
at least one gas line flow line from tank 1 through at least 10, 9, 4, and 12 configured to establish fluid communication between the gas supply and the ground equipment fuel supply to the right of 11.
For claim 4, Bragg discloses the apparatus of claim 1, wherein the at least one gas line comprises at least one outlet vent 3, configured to distribute gas for inerting a region or space would inert whatever region is by the vent.
For claim 5, Bragg discloses the apparatus of claim 1, wherein the at least one gas line is configured to establish fluid communication upon connection of a fuel line to the aircraft when 6 is connected.
For claim 7, Bragg discloses the apparatus of claim 5, wherein the fuel line comprises a further outlet downstream of a gas line outlet 3, the further outlet being configurable between an open and closed configuration Fig. 2: outlet from 9 as it branches to the right toward valve 21, which is configured to open and close.
For claim 8, Bragg discloses the apparatus of claim 1, wherein the at least one gas line connects to a gas line of the ground equipment Fig. 2: fuel supply at right.
For claim 9, Bragg discloses the apparatus of claim 1, wherein the gas line comprises at least one outlet that is configured to be disposed in a vicinity of the ground equipment discharge 5, which may be near ground equipment.
For claim 10, Bragg discloses the apparatus of claim 1, wherein the gas line comprises at least one outlet that is configured to be disposed in a vicinity of an airport store of fuel discharge 5, which may be near an airport fuel store.
For claim 11, Bragg discloses the apparatus of claim 1, wherein the gas line comprises at least one outlet discharge 5 that is configured to be disposed in a vicinity of a refuel connector where the refuel connector provides a fuelling connection at the aircraft 5 may be near connector 6 or any fuelling connector.
For claim 13, Bragg discloses the apparatus of claim 1, wherein the ground equipment is a refuel/defuel bowser or a refuel/defuel tanker Fig. 1-2.
For claim 20, Bragg discloses an aircraft incorporating the apparatus of claim 1 Abstract, “for aircraft”.
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.
Claim(s) 2-3 and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bragg in view of Picot et al (US 6830219 B1).
For claim 2-3, Bragg discloses the apparatus of claim 1, but fails to disclose that the gas within the gas supply on the aircraft is generated by a component on the aircraft, and that it is a nitrogen generation system.
However, Picot teaches “An on-board inert gas generating system then operates to maintain a layer of inert gas, such as Nitrogen Enriched Air (NEA) within the fuel tanks” (Col 2, lines 19-21).\
For claim 21, Bragg discloses the aircraft according to claim 20, wherein the aircraft includes a system for generating inert gas as modified above for use within a system on the aircraft and a port at an exterior of the aircraft for connecting a gas line to the port for transporting the inert gas from the gas supply on the aircraft to an item of ground support equipment gas line connects inert gas in 2 to ground equipment shown as the fuel supply.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bragg in view of Vassberg (US 20230406526 A1).
For claim 12, Bragg discloses the apparatus of claim 1, but fails to disclose that the ground equipment is configured to supply liquid hydrogen to the aircraft. Bragg does not disclose what fuel is used. The system may be compatible with liquid hydrogen but it is not explicitly stated.
However, Vassberg teaches ground equipment that is configured to supply liquid hydrogen to the aircraft and also that using many different types of fuels would be known Para 0094: “Exemplary non-limiting fuels include hydrocarbon fuels, petroleum-based fuels., synthetic fuels, chemical fuels, Jet fuels (e.g., Jet-A fuel, Jet-B fuel, and the like), kerosene-based fuel, gasoline-based fuel, an electrochemical-based fuel (e.g., lithium-ion battery), a hydrogen-based fuel, natural gas-based fuel, and the like”. It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention disclosed by Bragg by using liquid hydrogen as disclosed by Vassberg. One of ordinary skill in the art would have been motivated to make this modification to use an efficient fuel with a high energy content per mass.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to COLIN N M ZOHOORI whose telephone number is (571)272-7996. The examiner can normally be reached Monday-Friday 8am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, JOSHUA J MICHENER can be reached at (571)272-1467. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/COLIN ZOHOORI/Examiner, Art Unit 3642
/JOSHUA J MICHENER/Supervisory Patent Examiner, Art Unit 3642
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