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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 06/23/2025 has been entered.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “at least one fuel supply component comprising at least one of a fuel pump, a fuel filter, a fuel pressure regulator, or a fuel level sensor; and a fuel tank” and “a fuel tank” in claim 1 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to because “fuel tank” is never disclosed in the drawings only a container assembly is, the claim language is very inconsistence. If all the elements of the claims are present, they are not labeled i.e. claim 1 recites “container wall assembly” and “fuel tank” and fig.1 only discloses element 10 “container assembly”. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claim(s) 11-14,16,18-19,21-24,27 and 33-35 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wells (US20090145516A1).
Regarding claim 11, Wells teaches a fuel assembly for a vehicle, comprising (see annotated fig.6 below):
at least one fuel supply component comprising at least one of a fuel pump and; (see annotated fig.6 below for a fuel pump that is the fuel supply component)
a fuel tank comprising (see annotated fig.6 below):
a container wall assembly which forms a disposal space for storing a fuel directly within the disposal space (see annotated fig.6 below for container wall assembly which forms a disposal space and is capable of storing fuel directly within the space), wherein the container all assembly comprises a service opening configured to provide expedient access to the disposal space within the fuel tank; (see annotated fig.6 below for the wall that create the disposal space and the service/access opening that is capable of giving access to the disposal space that is within the fuel tank); and
a positioning system, wherein the positioning system is configured such that at least one fuel supply component that is inserted within the disposal space through the service opening is moveable in a guided manner away from the service opening and is placed at a disposal location within the disposal space of the container wall assembly such that an entirety of the at least one fuel supply component is located within the disposal space (see annotated fig.6 below for a positioning system that is capable having fuel pump that can be inserted within the disposal space through the service opening in a moveable guided manner away from the service opening as it moves down the positioning system; it is noted that the “configured to” is a functional language and the prior art simply has to be capable of performing the functions associated with that limitation).
Annotated fig.6 of Wells
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Regarding claim 12, the references as applied to claim 11 above discloses all the limitations substantially claimed. Wells further teaches wherein the positioning system is separate element from the container wall assembly and is configured to be fastened to an interior wall surface of the container wall assembly (see annotated fig.6 above for the positioning system is separate element from the container wall assembly and is capable of being fastened to an interior wall surface of the container wall assembly; it is noted “configured to” language is used once again).
Regarding claim 13, the references as applied to claim 11 above discloses all the limitations substantially claimed. Wells further teaches wherein the positioning system comprises at least one guide element configured to position the at least one fuel supply component in a guided manner (see annotated fig.6 above).
Regarding claim 14, the references as applied to claim 13 above discloses all the limitations substantially claimed. Wells further teaches wherein the guide element includes a straight and/or arcuate rail element (see annotated fig.6 above where the guided element includes a straight edge that is the rail element).
Regarding claim 16, the references as applied to claim 13 above discloses all the limitations substantially claimed. Wells further teaches wherein the at least one fuel type component is secure to the guide element (see annotated fig.6 above where the pump is secured to the guide element the pump is pushed all the way down)
Regarding claim 18, the references as applied to claim 11 above discloses all the limitations substantially claimed. Wells further teaches wherein the container wall assembly is cylindrical at least in part (see annotated fig.6 above and 7A-7B where wall assembly is cylindrical at least in part).
Regarding claim 19, the references as applied to claim 11 above discloses all the limitations substantially claimed. Wells further teaches wherein the container wall assembly includes an extruded section (see annotated fig.6 above).
Regarding claim 21, Wells teaches a fuel tank for a vehicle, comprising (see annotated fig.6 above):
a container wall assembly which forms a disposal space for storing a fuel directly within the fuel tank such that the fuel directly contacts interior wall surfaces of the fuel tank, wherein the fuel tank comprises a service opening configured to provide expedient access to the disposal space within the fuel tank; (see annotated fig.6 below for the wall assembly that creates the disposal space capable of storing fuel and the service/access opening that is capable of giving access to the disposal space that is within the fuel tank); and
a positioning system (see annotated fig.6 above); and
a fuel supply component comprising at least one of a fuel pump located entirely within the disposal space (see annotated fig.6 above where the fuel pump is capable of being entirely within the space as it can be pushed down),
wherein the fuel supply component is configured to be inserted through the service opening and to be moveable within the disposal space in a guided manner along the positioning system away from the service opening and is placed at a disposal location within the disposal space of the fuel tank such that an entirety of the at least one component is located within the disposal space at the fuel tank (see annotated fig.6 above for a positioning system that is capable having fuel pump that can be inserted within the disposal space through the service opening in a moveable guided manner away from the service opening as it moves down the positioning system at a disposable location which is anywhere after the opening; it is noted that the “configured to” is a functional language and the prior art simply has to be capable of performing the functions associated with that limitation).
Regarding claim 22, the references as applied to claim 21 above discloses all the limitations substantially claimed. Wells further teaches wherein the positioning system is separate from the container wall assembly and is secured to the container wall assembly (see annotated fig.6 above for the positioning system capable of being fastened to the interior of the container wall assembly as in fig. 7A-B show the top of the positioning system will be in contact with the wall assembly when pushed down as flaps 12 extends towards it).
Regarding claim 23, the references as applied to claim 21 above discloses all the limitations substantially claimed. Wells further teaches wherein the positioning system comprises a guide element that guides a motion of the fuel supply component within the disposal space (see annotated fig.6 above).
Regarding claim 24, the references as applied to claim 23 above discloses all the limitations substantially claimed. Wells further teaches wherein the guide element includes a straight and/or arcuate rail element (see annotated fig.2 above).
Regarding claim 27, the references as applied to claim 23 above discloses all the limitations substantially claimed. Wells further teaches wherein the fuel supply component is secured to the guide element (see annotated fig.6 above where the component can be secured to the guide when the pump is pushed all the way in).
Regarding claim 33, the references as applied to claim 11 above discloses all the limitations substantially claimed. Wells further teaches wherein the positioning system comprises a locking mechanism configured to lock the at least one fuel supply component on the positioning system at the disposal location (fig.6 above shows the guide element with locking mechanism capable of locking the component at desired location).
Regarding claim 34, the references as applied to claim 33 above discloses all the limitations substantially claimed. Wells further teaches wherein the locking mechanism is configured to release the at least one component from being locked on the positioning system at the disposal location so that the at least one component can be moved along the positioning system toward the service opening to be removed from the disposal space through the service opening (fig.6 above shows the guide element with locking mechanism that are capable of locking and unlocking the component relative to the service opening).
Regarding claim 35, the references as applied to claim 11 above discloses all the limitations substantially claimed. Wells further teaches wherein the container wall assembly comprises an elongated shape having a first proximate end with the service opening, and a second distal end opposite to and distal from the first proximate end (fig.6 above shows the container wall assembly having an elongated shape that has a first end at the service opening and the second distal end opposite from it); and wherein the positioning system and the at least one fuel supply component is configured such that the at least one fuel supply component is moveable in the guided manner from the first proximate end to the second distal end of the container such that the at least one fuel supply component is placed at the disposal location located at the second distal end (fig.6 above the positioning system is capable of having the component movable from the first proximate end to the second distal end).
Response to Arguments
Applicant’s new limitation/terms create an issue of showing the subject matter as in fig.1 only shows the container assembly “10”, guide assembly “40”, service opening “12” and locking component “20”. When applicant brings in the fuel tank and the fuel pump or specific structure they need to be shown. Applicant’s arguments with respect to claim(s) 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. The 112 issues been considered persuasive and 112 rejections have been withdrawn.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PRINCE PAL whose telephone number is (571)272-7525. The examiner can normally be reached M-Th, 9:30 AM - 7:30 PM (EST).
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/PRINCE PAL/Examiner, Art Unit 3735