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 .
Amendment filed 2/18/2026 has been entered. Claims 1-20 remain pending in the present application.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Vargo US 2013/0334381 (hereinafter Vargo) in view of Denis US 7837169 (hereinafter Denis).
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Re. Cl. 1, Vargo discloses: An apparatus for mounting a tank to a vehicle (Fig. 1), the apparatus comprising: a frame (3, Fig. 1) configured to be coupled to a tank having a longitudinal axis (Col. 1, Lines 16-17; the frame is configured to couple to a tank having a longitudinal axis extending horizontally along the axis shown in annotated figure 1 above), the frame having: a middle, (see annotated figure 1, where the dashed line is located), a first upper end that includes an opening (see annotated figure 1, top end of 3 where upper 4 passes through); a second end that includes an opening (see Fig. 1, lower end of 3 where lower 4 passes); and a greatest width in a direction parallel to the longitudinal axis (see annotated figure 2, the greatest width of 3 as annotated is the part with the greatest width (i.e. parts that fits within 2) since the other widths are smaller as shown (widths of parts which interact with the tank); the greatest width extends in a direction parallel to the longitudinal axis shown in annotated figure 1) and a frame mount (2, Fig. 1) configured to be coupled between the frame and a vehicle (see Fig. 1), the frame mount having: a first end (top end of 2, Fig. 1) that includes a flange (“first outer surface of the bracket 2,” Col. 1, Lines 19-20 and shown in Figs. 1-3) having: a support surface (first support surface, annotated figure 1); an opening (see Fig. 1, opening where upper 4 penetrates); and a channel that is symmetrical about a plane (see Fig. 1-3, channel between the flanges in 2 where 3 fits within; the Examiner notes that the channel is symmetrical about a vertical plane bisecting the back wall of bracket 2, specifically the wall where reference character 2 points to in Fig. 2); and a second end (lower end of 2, Fig. 1) that includes an opening (see Fig. 1, where lower 4 penetrates); and a greatest width in the direction that is greater than the greatest width of the frame (see Fig. 1-3 and annotated figure 2, the greatest width of part 2 extending between outside edges of the flanges which 4s penetrate is greater than the greatest width of the frame since the flanges are outside of the “greatest width” of the frame) wherein the frame is configured to be coupled to the flange such that: the frame is received within the channel and the first upper end of the frame is supported on the support surface (see Fig. 2); the opening of the second end of the frame is aligned with the opening of the second end of the frame mount to permit disposal of a fastener therethrough (see Fig. 1-3, where the lower openings are aligned and upper fastener 4 penetrates them), and the opening of the first upper end of the frame is aligned with the opening of the first end of the frame mount to permit disposal of a fastener through the opening of the first end of the frame and the opening of the first upper end of the frame mount (see Fig. 1-3, where the upper openings are aligned and upper fastener 4 penetrates them).
Re. Cl. 9, Vargo discloses: An apparatus for mounting a tank to a vehicle (Fig. 1), the apparatus comprising: a frame (3, Fig. 1) configured to be coupled to a tank having a longitudinal axis (Col. 1, Lines 16-17; the frame is configured to couple to a tank having a longitudinal axis extending horizontally along the axis shown in annotated figure 1 above), the frame having: a middle (see annotated figure 1, where the dashed line is located), a first upper end that includes an opening (see annotated figure 1, top end of 3 where upper 4 passes through); and a second end that includes an opening (see Fig. 1, lower end of 3 where lower 4 passes); and a greatest width in a direction parallel to the longitudinal axis (see annotated figure 2, the greatest width of 3 as annotated is the part with the greatest width (i.e. parts that fits within 2) since the other widths are smaller as shown (widths of parts which interact with the tank); the greatest width extends in a direction parallel to the longitudinal axis shown in annotated figure 1)and a frame mount (2, Fig. 1) configured to be coupled between the frame and a vehicle (see Fig. 1), the frame mount being symmetrical about a plane that bisects the frame mount (see Fig. 1-3, the Examiner notes that the frame mount 2 is symmetrical about a vertical plane bisecting the back wall of bracket 2, specifically the wall where reference character 2 points to in Fig. 2); the frame mount having: a first end (top end of 2, Fig. 1) that includes a flange (“first outer surface of the bracket 2,” Col. 1, Lines 19-20 and shown in Figs. 1-3) having: a support surface (6, Fig. 1); an opening (see Fig. 1, opening where upper 4 penetrates);; and a second end (lower end of 2, Fig. 1) that includes an opening (see Fig. 1, where lower 4 penetrates); and a greatest width in the direction that is greater than the greatest width of the frame (see Fig. 1-3 and annotated figure 2, the greatest width of part 2 extending between outside edges of the flanges which 4s penetrate is greater than the greatest width of the frame since the flanges are outside of the “greatest width” of the frame) wherein the frame is configured to be coupled to the flange such that: the frame is received within the channel and the first upper end of the frame is supported on the support surface (see Fig. 2); the opening of the second end of the frame is aligned with the opening of the second end of the frame mount to permit disposal of a fastener therethrough (see Fig. 1-3, where the lower openings are aligned and upper fastener 4 penetrates them), and the opening of the first end of the frame is aligned with the opening of the first end of the frame mount to permit disposal of a fastener through the opening of the first end of the frame and the opening of the first upper end of the frame mount (see Fig. 1-3, where the upper openings are aligned and upper fastener 4 penetrates them).
Re. Cl. 17, Vargo discloses: An apparatus for mounting a tank to a vehicle (Fig. 1), the apparatus comprising: a frame (3, Fig. 1) configured to be coupled to a tank having a longitudinal axis (Col. 1, Lines 16-17; the frame is configured to couple to a tank having a longitudinal axis extending horizontally along the axis shown in annotated figure 1 above), the frame having: a middle (see annotated figure 1, where the dashed line is located), a first upper end that includes an opening (see annotated figure 1, top end of 3 where upper 4 passes through); and a second end that includes an opening (see Fig. 1, lower end of 3 where lower 4 passes); and a greatest width in a direction parallel to the longitudinal axis (see annotated figure 2, the greatest width of 3 as annotated is the part with the greatest width (i.e. parts that fits within 2) since the other widths are smaller as shown (widths of parts which interact with the tank); the greatest width extends in a direction parallel to the longitudinal axis shown in annotated figure 1) and a frame mount (2, Fig. 1) configured to be coupled between the frame and a vehicle (see Fig. 1), the frame mount having: a first end (top end of 2, Fig. 1) that includes a flange (“first outer surface of the bracket 2,” Col. 1, Lines 19-20 and shown in Figs. 1-3) having: a first support surface (6, Fig. 1) and a second support surface (see annotated figure 1), the first and second support surfaces having the same shape (see Fig. 2, as can be seen in the overhead view, the first and second support surfaces (i.e. where 5 interacts on the hook 7) have the same shape since they are both surfaces of the hook and the hook has a consistent shape in the view in Fig. 2); an opening (see Fig. 1, opening where upper 4 penetrates); and a channel (see Fig. 1-3, channel between the flanges in 2 where 3 fits within); and a second end (lower end of 2, Fig. 1) that includes an opening (see Fig. 1, where lower 4 penetrates); and a greatest width in the direction that is greater than the greatest width of the frame (see Fig. 1-3 and annotated figure 2, the greatest width of part 2 extending between outside edges of the flanges which 4s penetrate is greater than the greatest width of the frame since the flanges are outside of the “greatest width” of the frame) wherein the frame is configured to be coupled to the flange such that: the frame is received within the channel and the first upper end of the frame is supported on the support surface (see Fig. 2); the opening of the second end of the frame is aligned with the opening of the second end of the frame mount to permit disposal of a fastener therethrough (see Fig. 1-3, where the lower openings are aligned and upper fastener 4 penetrates them), and the opening of the first upper end of the frame is aligned with the opening of the first end of the frame mount to permit disposal of a fastener through the opening of the first upper end of the frame and the opening of the first upper end of the frame mount (see Fig. 1-3, where the upper openings are aligned and upper fastener 4 penetrates them).
Re. Cls. 2 and 10, Vargo discloses: the support surface of the flange comprises a first support surface (see 6, Fig. 1) and the flange includes a second support surface (see annotated figure 1); and the frame is configured to be coupled to the flange such that: the frame is received within the channel and the first upper end of the frame is supported on the first and second support surfaces (see Fig. 2).
Re. Cls. 5-6 and 13-14, Vargo discloses: the frame mount is configured to be coupled to a frame of the vehicle (see Fig. 1-3 and Col. 1, Lines 7-11).
Re. Cl. 18, Vargo discloses: the frame is configured to be coupled to the flange such that: the frame is received within the channel and the first upper end of the frame is supported on the first and second support surfaces (see Fig. 2).
Re. Cls. 1, 9 and 17, Vargo does not disclose that the opening is located closer to a terminus of the first upper end than to the middle of the frame. Denis discloses a vibration damping mount (Fig. 2) which includes a frame (53, Fig. 2) which secures to a frame mount (27, Fig. 2), wherein the frame includes an opening (59, Fig. 2) that is located closer to a terminus of the first upper end than to the middle of the frame (see Fig. 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the location of the opening in the frame of Vargo to be located as disclosed by Denis with reasonable expectation of success since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. Please note that in the instant application, Applicant has not disclosed any criticality for the claimed limitations.
Re. Cls. 3-4, 11-12 and 19-20, Vargo discloses the frame mount includes two openings (see where 4’s penetrate, Fig. 1-3) but illustrates only a single opening at the second or lower end (see Fig. 1). Vargo does however discuss that other arrangement of the bolt holes are possible (Paragraph 0024, Lines 10-13).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to duplicate the opening in the second end of Vargo, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8. Please note that in the instant application, Applicant has not disclosed any criticality for the claimed limitations.
Response to Arguments
Applicant's arguments filed 2/18/2026 have been fully considered but they are not persuasive.
Re. Applicant’s argument that Vargo does not disclose the particular greatest dimensions as claimed, the Examiner disagrees. As can be seen in Applicant’s Remarks and amended figures, Applicant is of the position that their claims require a very specific dimensions and their comparison. Specifically, Applicant appears to be of the position that claims 1, 9 and 17 require the specific dimensions (43, Fig. 2D) and (153, Fig. 3D) such that dimension (153) is greater than dimension (43). However, this interpretation is far narrower than what is reflected in the claims since the claims do not specifically call out the particular dimensions. Applicant’s claims merely require “greatest widths” which are a matter of perspective, in the sense that are not required to be the dimensions argued by the Applicant. It is the Examiner’s position that the interpretation cited above meets Applicant’s current claim limitations since they can be considered “greatest” in the context discussed above. Applicant’s argument has been considered but is not persuasive since they are not commensurate in scope with the current claim limitations. It is suggested that the Applicant further define these width dimensions in the claims to better align Applicant’s arguments with the claims. It is further noted that Vargo discloses an alternate embodiment (Figs. 5) where the greatest overall width of the frame mount (14) is greater than the greatest overall width of the frame (12) which appears to align with Applicant’s argued width configurations.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Vargo discloses another embodiment (Figs. 5) where the greatest overall width of the frame mount (14) is greater than the greatest overall width of the frame (12) which is presented to the Applicant for their consideration.
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER E GARFT whose telephone number is (571)270-1171. The examiner can normally be reached Monday-Friday 8:00 a.m. to 5:00 p.m..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Terrell McKinnon can be reached at (571)272-4797. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER GARFT/Primary Examiner, Art Unit 3632