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
This application contains claims directed to the following patentably distinct species:
Species A, in which the internal data communications connection comprises a resistive non-metallic wire; and
Species B, in which the internal data communications connection comprises an optical signal connection.
The species are independent or distinct because claims to the different species recite mutually exclusive characteristics of such species. The mutually exclusive characteristics associated with each species are stated above. In addition, these species are not obvious variants of each other based on the current record.
There is a search and/or examination burden for the patentably distinct species as set forth above because at least the following reason(s) apply: The species require a different field of search (e.g. searching different classes/subclasses or electronic resources, or employing different search queries); and/or the prior art applicable to one species would not likely be applicable to another species; and/or the species are likely to raise different non-prior art issues under 35 U.S.C. 101 and/or 35 U.S.C. 112, first paragraph.
Amended claims 14-17 and 19 are directed to an invention that is independent or distinct from the invention originally claimed for the following reasons:
Amended claim 14 is directed toward Species B. Previously examined claims 1, 14 and 20, which were examined in the Office Action dated 10/23/2025, were directed toward Species A.
Since applicant has received an action on the merits for the originally presented invention of Species A, this invention of Species A has been constructively elected by original presentation for prosecution on the merits. Accordingly, claims 14-17 and 19 are withdrawn from consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and MPEP § 821.03.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-5, 7-10, 12, 13 and 20-22 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 1 and 20 recite “an internal electronic circuit disposed within the active adapter, where the internal electronic circuit is configured to … add an identification associated with a sensor of the plurality of fuel height sensors ...”. However, the original disclosure does not disclose an internal electronic circuit disposed within an active adapter that performs the claimed function. Instead, the function is performed by a microcontroller 122 that is not part of an active adapter (the microcontroller 122 is part of the probe electronics package). Therefore, the original disclosure does not support that the inventors possessed the claimed invention.
Claims 2-5, 7-10, 12, 13, 21 and 22 depend on claims 1 or 20 and are rejected for inheriting the same problem.
The examiner notes that withdrawn (and amended) claim 14 appears to have the same problem as claims 1 and 20.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Patent 7,802,753 issued to Tichborne et al. (“Tichborne”) is cited for all that it discloses including a fuel height sensor that includes a local ground connection.
U.S. Patent 5,839,094 issued to French (“French”) is cited for all that it discloses including an internal electronic circuit configured to add an identification associated with a sensor of a plurality of sensors.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUSTIN N OLAMIT whose telephone number is (571)270-1969. The examiner can normally be reached M-F, 8 am - 5 pm (Pacific).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Stephen Meier can be reached at (571) 272-2149. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JUSTIN N OLAMIT/Primary Examiner, Art Unit 2853
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