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 .
Status of Claims
Claims 1-9 are currently pending in the application.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). Receipt is acknowledged of certified copies of papers filed on 06/30/2025 as required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 05/27/2025 and 11/24/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
The use of the term “therminol”, which is a trade name or a mark used in commerce, has been noted in this application. The term should be accompanied by the generic terminology; furthermore the term should be capitalized wherever it appears or, where appropriate, include a proper symbol indicating use in commerce such as ™, SM , or ® following the term.
Although the use of trade names and marks used in commerce (i.e., trademarks, service marks, certification marks, and collective marks) are permissible in patent applications, the proprietary nature of the marks should be respected and every effort made to prevent their use in any manner which might adversely affect their validity as commercial marks.
Claim Objections
Claims 1-4, 6, and 8-9 are objected to because of the following informalities:
At claim 1 line 1 “Apparatus” should read --An apparatus--.
At claims 2-4 line 1 “Apparatus” should read --The apparatus--.
At claim 6 line 1 “An aircraft” should read --The aircraft--.
At claims 8-9 line 1 “A method” should read --The method--.
Appropriate correction is required.
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.
Claim 6 is 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 pre-AIA the applicant regards as the invention.
Claim 6 recites the limitation “An aircraft according to claim 4” in line 1. There is insufficient antecedent basis for the limitation in the claim. For examination purposes the limitation has been considered as -- The aircraft according to claim 5--.
Claim Analysis - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-9 are eligible under 35 U.S.C. 101 at step 2A prong 1 because the claims do not recite any judicial exceptions.
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 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 1, 4, and 7-9 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by KLINE (US 2026/0043340).
Regarding claim 1, KLINE discloses an apparatus for heating a flow of hydrogen (0039 lines 4-5; 0151 lines 9-11), the apparatus including
(i) a tank having a tank wall (half is traced in solid line in Fig. A below) and first region (Fig. A, half is traced in dotted line) containing a volume of incompressible fluid (i.e., liquid, HTL is “heat transfer liquid”, 0007 lines 3-4), the tank wall having a fluid input (Enter HTL, Fig. 10, 0151 lines 4-5) and a fluid output (Exit HTL, Fig. 10, 0151 lines 5-6) therein for establishing a flow of the incompressible fluid through the first region (Fig. 10);
(ii) an input conduit system (Fig. A) passing through the tank wall (at least at the inlet opening at the top of Fig. 10) and having an apparatus input external to the tank (implied/inherent, Enter LGPhC-liquid; n.b. LVPhC=LGPhC, 0097 lines 15-end) for receiving an input flow of hydrogen to be heated (0151 lines 9-11) and one or more outputs within the first region (implied/inherent, 0151 lines 9-13; also likely implied by dashed line in original Fig. 10); and
(iii) an output conduit (Fig. A) coupling a second region (Fig. A) of the tank configured to collect gaseous hydrogen in operation of the apparatus (0151 lines 11-12) to an apparatus output (Exit LGPhC-gas, Fig. 10; 0151 lines 12-13),
the tank wall of the tank otherwise being closed (no other openings to the tank are disclosed).
[AltContent: ][AltContent: arrow][AltContent: textbox (OUTPUT CONDUIT)][AltContent: ][AltContent: textbox (INPUT CONDUIT
SYSTEM)][AltContent: arrow][AltContent: arrow][AltContent: textbox (SECOND REGION)][AltContent: arrow][AltContent: roundedrect][AltContent: textbox (FIRST REGION)][AltContent: arrow][AltContent: textbox (TANK WALL)]
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Figure A Annotations of KLINE Fig. 10.
The Examiner respectfully submits that the claims are directed to an apparatus (rather than a method) which must be distinguished from the prior art in terms of structure rather than function. See MPEP §2114 and 2173.05(g). Hence, the functional limitations underlined above, which are narrative in form, have been given very little patentable weight, insomuch as the Examiner bears the burden of supplying art that discloses the claimed structure and is capable of performing the claimed functions, while not necessarily needing to explicitly disclose performing the claimed functions. In order to be given patentable weight, a functional limitation must be supported by recitation in the claim of sufficient structure to warrant the presence of the functional language. In the instant case KLINE provides disclosures for the functional limitations are cited above.
Regarding claim 4, KLINE discloses the apparatus according to claim 1.
KLINE further discloses wherein the first region of the tank (Fig. A above) is comprised in a circuit which includes the fluid input and the fluid output (HTL circuit at left end of Fig. 2A) and which is arranged to circulate and heat the incompressible fluid (0096 lines 2-4).
Regarding claim 7, KLINE discloses a method of heating a flow of hydrogen (0039 lines 4-5; 0151 lines 9-11), the method comprising the steps of
(i) passing the flow of hydrogen into a body of incompressible fluid (i.e., liquid, HTL is “heat transfer liquid”, 0007 lines 3-4) to vaporise and/or heat the flow of hydrogen (0151 lines 9-11);
(ii) establishing a flow of the incompressible fluid into and out of the body of incompressible fluid (0151 lines 4-6, Fig. 10) such that the temperature of the body of incompressible fluid remains above that of the flow of hydrogen (implied/inherent, i.a. 0151 lines 9-11); and
(iii) collecting gaseous hydrogen produced in step (i) (0151 lines 11-13).
Regarding claim 8, KLINE discloses the method according to claim 7.
KLINE further discloses wherein the flow of hydrogen is a flow of liquid hydrogen (0151 lines 9-11).
Regarding claim 9, KLINE discloses the method according to claim 7.
KLINE further discloses the step of circulating a portion of the incompressible fluid into and out of the body of incompressible fluid (0151 lines 4-5, Fig. 10) and heating the portion in order to maintain the temperature of the body of incompressible fluid (0096 lines 2-4).
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.
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 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over SMITH (US 11,761,381) in view of KLINE (US 2026/0043340).
Regarding claim 5, SMITH teaches an aircraft (1, col. 4 line 12) comprising:
an apparatus that is an evaporator (134, Fig. 1) to vaporize liquid hydrogen (col. 4 lines 40-41) through heat transfer with an incompressible fluid (oil is liquid, col. 7 lines 40-46).KLINE further discloses the apparatus is a direct-contact evaporator (206, Figs. 2A and 10) to vaporize liquid hydrogen (0100 lines 5-6, LVPhC can be hydrogen, 0039 lines 4-5) through direct-contact heat transfer (0151 lines 2-3) with an incompressible fluid (0098 lines 3 lines; HTL is “heat transfer liquid”, i.e., incompressible, 0007 lines 3-4).
SMITH is silent regarding the type or structure of the evaporator in the aircraft.
KLINE teaches the apparatus according to claim 1, wherein the apparatus is a direct-contact evaporator (206, Figs. 2A and 10) to vaporize liquid hydrogen (0100 lines 5-6, LVPhC can be hydrogen, 0039 lines 4-5) through direct-contact heat transfer (0151 lines 2-3) with an incompressible fluid (0098 lines 3 lines; HTL is “heat transfer liquid”, i.e., incompressible, 0007 lines 3-4).
Absent further guidance from SMITH, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the direct-contact evaporator taught by KLINE for the evaporator disclosed in SMITH to provide an efficient means of vaporizing the hydrogen fuel.
Regarding claim 6, SMITH as modified teaches the aircraft according to claim 5.
SMITH further discloses the apparatus (evaporator 134) is arranged to receive a heated flow of the incompressible fluid from elsewhere on the aircraft (col. 4 lines 48-51, col. 7 lines 40-47) at a fluid input (implied by down arrow between heat source 144 and evaporator 134 in Fig. 1) and to output the incompressible fluid at a fluid output (implied by up arrow between heat source 144 and evaporator 134 in Fig. 1).
SMITH as modified teaches the apparatus is arranged to receive a heated flow of the incompressible fluid from elsewhere on the aircraft at the fluid input and to output the incompressible fluid at the fluid output.
Allowable Subject Matter
Claims 2-3 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
WILLMOT (US 12,460,579) provides a similar disclosure to SMITH but is not prior art.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARK L. GREENE whose telephone number is (571)270-7555. The examiner can normally be reached M-F 8:30-4:30 PM.
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, Logan Kraft can be reached at (571) 270-5065. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARK L. GREENE/Primary Examiner, Art Unit 3747
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