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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 17 August 2026 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 spring member of claim 8, the compression spring of claim 14, the tension spring of claim 14, and one cover on each side of the at least one wall of claim 15 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.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: attachment arrangement of claims 7 and 9.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Claim(s) 1-4, 6-12 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Metcalf (US 1114625) further in view of Cummings (US 20190331389) and Horton (US 20140346802).
Claim 1: Metcalf discloses a storage tank capable of use with some vehicle and configured for storing at least one of fuel for any one of a combustion engine and a fuel cell for propelling the vehicle, and other fluids according to any one of washer fluids and fluids for an exhaust after treatment system, the storage tank comprising: an inner envelope surface defining an inner volume for storing fluids, and a washer 15, member 12, actuating member 16, disk 20, and key 24, together reading on the at least one wall, which is releasably attached to the inner envelope surface and defines a fluid barrier for fluid in the inner volume, wherein the inner envelope surface is cylinder-formed and wherein the washer 15, member 12, actuating member 16, disk 20, and key 24 (at least one wall) is associated with a radial plane of the cylinder-formed inner envelope surface, wherein the washer 15, member 12, actuating member 16, disk 20, and key 24 (at least one wall) is configured to be moved inside the inner volume to change volume sizes of sub-volumes of the inner volume, wherein the washer 15, member 12, actuating member 16, disk 20, and key 24 (at least one wall) comprises a circular plate 17 (base plate wall member) and a member 12 (conical plate wall member) which are attached to each other, the member 12 (conical plate wall member) having a first convex-shaped side and a second concave-shaped side, wherein the second concave-shaped side is facing a first wall side of the circular plate 17 (base plate wall member) when the circular plate 17 (base plate wall member) and the member 12 (conical plate wall member) are attached to each other, wherein the washer 15, member 12, actuating member 16, disk 20, and key 24 (at least one wall) is configured to be attached to the inner envelope surface by pressing the member 12 (conical plate wall member) towards the circular plate 17 (base plate wall member) so that the member 12 (conical plate wall member) is expanded in a radial direction thereof (see annotated fig. 1 below and fig. 2).
Metcalf does not disclose a vehicle comprising the storage tank or wherein each sub-volume is associated with a respective separate opening for allowing fluid to be inserted therein and/or to be taken out therefrom.
Horton teaches a vehicle having a first cup holder 32 (see fig. 1).
It would have been obvious to one or ordinary skill in the art before the effective filing date of the invention to have placed the storage tank in the vehicle, in order to transport the storage tank in a more expedient manner than by manpower.
Cummings teaches a jug 200 having an opening at its top closed by an insulated top 204 and a spigot 206 at a lower end of its insulated wall 202 which can dispense the contents of the beverage jug 200 (see fig. 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the storage tank to have a spigot 206, as taught by Cummings, in order to dispense contents without having to displace the entire storage tank.
The combination results in each sub-volume being associated with a respective separate opening for allowing fluid to be taken out therefrom, an upper opening associated with the upper sub-volume and an opening of the spigot 206 associated with the lower sub-volume.
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Claim 2: The combination discloses wherein the washer 15, member 12, actuating member 16, disk 20, and key 24 (at least one wall) is configured to be released from the inner envelope surface by moving the member 12 (conical plate wall member) in a direction away from the circular plate 17 (base plate wall member) so that an extension of the member 12 (conical plate wall member) in the radial direction is reduced (see annotated fig. 1 above and fig. 2).
Claim 3: The combination discloses a washer 15 (sealing element) attached to a radially outer edge of the washer 15, member 12, actuating member 16, disk 20, and key 24 (at least one wall) (see annotated fig. 1 above).
Claim 4: The combination discloses wherein the washer 15 (sealing element) is attached to a seat 14 (radially outer edge) of the member 12 (conical plate wall member) (see annotated fig. 1 above).
Claim 6: The combination discloses wherein a seat 14 (radially outer edge) of the member 12 (conical plate wall member) comprises a cylindrically shaped outer surface facing towards the inner envelope surface (see annotated fig. 1 above).
Claim 7: The combination discloses wherein the washer 15, member 12, actuating member 16, disk 20, and key 24 (at least one wall) further comprises an attachment arrangement, which includes a threaded stem 18 (stud member or screw member) and a key 24 (nut member), for pressing the member 12 (conical plate wall member) towards the circular plate 17 (base plate wall member) (see annotated fig. 1 above).
The attachment arrangement for pressing the conical plate wall member towards the base plate wall member is/are interpreted under 35 U.S.C. 112(f) as at least one of a stud member and a nut member, screw member, or spring member, and equivalents thereof.
Claim 8: The combination discloses wherein the attachment arrangement comprises a threaded stem 18 (stud member or screw member) and a key 24 (nut member) (see fig. 1).
Claim 9: The combination discloses wherein the attachment arrangement is extending through a center point of the washer 15, member 12, actuating member 16, disk 20, and key 24 (at least one wall) (see annotated fig. 1 above).
Claim 10: The combination discloses wherein at least one of the washer 15, member 12, actuating member 16, disk 20, and key 24 (at least one wall) is an outer wall of the storage tank (see annotated fig. 1 above).
Claim 12: The combination discloses wherein the washer 15, member 12, actuating member 16, disk 20, and key 24 (at least one wall) comprises at least one disk 20 (cover) for covering a side of the at least one wall (see annotated fig. 1 above).
Claim 14: Claim 14 is met when the attachment arrangement comprises a threaded stem 18 (stud member or screw member) and a key 24 (nut member) and not a spring member (see fig. 1).
Claim 1: Under a second interpretation Metcalf discloses a storage tank capable of use with some vehicle and configured for storing at least one of fuel for any one of a combustion engine and a fuel cell for propelling the vehicle, and other fluids according to any one of washer fluids and fluids for an exhaust after treatment system, the storage tank comprising: an inner envelope surface defining an inner volume for storing fluids, and a washer 15, member 12, actuating member 16, and key 24, together reading on the at least one wall, which is releasably attached to the inner envelope surface and defines a fluid barrier for fluid in the inner volume, wherein the inner envelope surface is cylinder-formed and wherein the washer 15, member 12, actuating member 16, and key 24 (at least one wall) is associated with a radial plane of the cylinder-formed inner envelope surface, wherein the washer 15, member 12, actuating member 16, and key 24 (at least one wall) is configured to be moved inside the inner volume to change volume sizes of sub-volumes of the inner volume, wherein the washer 15, member 12, actuating member 16, and key 24 (at least one wall) comprises a circular plate 17 (base plate wall member) and a member 12 (conical plate wall member) which are attached to each other, the member 12 (conical plate wall member) having a first convex-shaped side and a second concave-shaped side, wherein the second concave-shaped side is facing a first wall side of the circular plate 17 (base plate wall member) when the circular plate 17 (base plate wall member) and the member 12 (conical plate wall member) are attached to each other, wherein the washer 15, member 12, actuating member 16, and key 24 (at least one wall) is configured to be attached to the inner envelope surface by pressing the member 12 (conical plate wall member) towards the circular plate 17 (base plate wall member) so that the member 12 (conical plate wall member) is expanded in a radial direction thereof (see annotated fig. 1 above and fig. 2).
Metcalf does not disclose a vehicle comprising the storage tank or wherein each sub-volume is associated with a respective separate opening for allowing fluid to be inserted therein and/or to be taken out therefrom.
Horton teaches a vehicle having a first cup holder 32 (see fig. 1).
It would have been obvious to one or ordinary skill in the art before the effective filing date of the invention to have placed the storage tank in the vehicle, in order to transport the storage tank in a more expedient manner than by manpower.
Cummings teaches a jug 200 having an opening at its top closed by an insulated top 204 and a spigot 206 at a lower end of its insulated wall 202 which can dispense the contents of the beverage jug 200 (see fig. 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the storage tank to have a spigot 206, as taught by Cummings, in order to dispense contents without having to displace the entire storage tank.
The combination results in each sub-volume being associated with a respective separate opening for allowing fluid to be taken out therefrom, an upper opening associated with the upper sub-volume and an opening of the spigot 206 associated with the lower sub-volume.
Claim 11: The combination discloses wherein at least one of the washer 15, member 12, actuating member 16, and key 24 (at least one wall) is a partition wall dividing the inner volume into at least two sub-volumes (see annotated fig. 1 above).
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Metcalf (US 1114625), Horton (US 20140346802), and Cummings (US 20190331389) as applied to claim 8 above, and further in view of Smith (GB 139064).
Claim 14: The combination discloses the claimed invention except for the spring member being a compression and/or tension spring when the attachment arrangement requires a spring member.
Smith teaches a cover having two main members a’ and b which are held together by a bolt c, where a lever d is fitted to the bolt c and presses the main members a’ and b closer together to increase the circumference of an elastic ring i held between the two main members a’ and b, wherein a spiral spring e (compression spring) is arranged around the bolt c and between the two main members a’ and b to push the two members a’ and b apart (see fig. 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the storage tank to have a spiral spring e (compression spring) arranged around the threaded stem 18 (stud member or screw member) and between the circular plate 17 (base plate wall member) and member 12 (conical plate wall member), as taught by Smith, in order to assist in pushing the circular plate 17 (base plate wall member) and member 12 (conical plate wall member) apart when unsealing.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Metcalf (US 1114625), Horton (US 20140346802), and Cummings (US 20190331389) as applied to claim 12 above, and further in view of Powers (US 3921850).
Claim 15: The combination discloses wherein the washer 15, member 12, actuating member 16, disk 20, and key 24 (at least one wall) comprises a disk 20 (cover) one an upper side (see annotated fig. 1 above).
The combination does not disclose wherein the at least one wall comprises one cover on each side of the at least one wall.
Powers teaches a drum 12 formed of a sheet material that is coated on its internal surface with a plastic or film layer 34 and a plug 24 with a coating layer 44 (cover) that extends over its inner surface (see fig. 1 and 3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have coated the receptacle 10 with a plastic or film layer 34 and to have provided at least the lower surfaces of the circular plate 17 (base plate wall member) with a coating layer 44 (cover), as taught by Powers, in order to provide an aseptic storage tank.
Claim(s) 1-4, 6-12 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Horton (US 20140346802) further in view of Cummings (US 20190331389) and Metcalf (US 1114625).
Claim 1: Horton discloses a vehicle having a first cup holder 32 (see fig. 1).
Horton does not disclose the storage tank of claim 1.
Metcalf teaches a storage tank capable of use with some vehicle and configured for storing at least one of fuel for any one of a combustion engine and a fuel cell for propelling the vehicle, and other fluids according to any one of washer fluids and fluids for an exhaust after treatment system, the storage tank comprising: an inner envelope surface defining an inner volume for storing fluids, and a washer 15, member 12, actuating member 16, disk 20, and key 24, together reading on the at least one wall, which is releasably attached to the inner envelope surface and defines a fluid barrier for fluid in the inner volume, wherein the inner envelope surface is cylinder-formed and wherein the washer 15, member 12, actuating member 16, disk 20, and key 24 (at least one wall) is associated with a radial plane of the cylinder-formed inner envelope surface, wherein the washer 15, member 12, actuating member 16, disk 20, and key 24 (at least one wall) is configured to be moved inside the inner volume to change volume sizes of sub-volumes of the inner volume, wherein the washer 15, member 12, actuating member 16, disk 20, and key 24 (at least one wall) comprises a circular plate 17 (base plate wall member) and a member 12 (conical plate wall member) which are attached to each other, the member 12 (conical plate wall member) having a first convex-shaped side and a second concave-shaped side, wherein the second concave-shaped side is facing a first wall side of the circular plate 17 (base plate wall member) when the circular plate 17 (base plate wall member) and the member 12 (conical plate wall member) are attached to each other, wherein the washer 15, member 12, actuating member 16, disk 20, and key 24 (at least one wall) is configured to be attached to the inner envelope surface by pressing the member 12 (conical plate wall member) towards the circular plate 17 (base plate wall member) so that the member 12 (conical plate wall member) is expanded in a radial direction thereof (see annotated fig. 1 above and fig. 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the first cup holder 32 to restrain the storage tank taught by Metcalf, in order to transport liquids in a manner which will not spill while driving.
Additionally, or in the alternative, it would have been obvious to one or ordinary skill in the art before the effective filing date of the invention to have placed the storage tank in the vehicle, in order to transport the storage tank in a more expedient manner than by manpower.
Cummings teaches a jug 200 having an opening at its top closed by an insulated top 204 and a spigot 206 at a lower end of its insulated wall 202 which can dispense the contents of the beverage jug 200 (see fig. 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the storage tank to have a spigot 206, as taught by Cummings, in order to dispense contents without having to displace the entire storage tank.
The combination results in each sub-volume being associated with a respective separate opening for allowing fluid to be taken out therefrom, an upper opening associated with the upper sub-volume and an opening of the spigot 206 associated with the lower sub-volume.
Claim 2: The combination discloses wherein the washer 15, member 12, actuating member 16, disk 20, and key 24 (at least one wall) is configured to be released from the inner envelope surface by moving the member 12 (conical plate wall member) in a direction away from the circular plate 17 (base plate wall member) so that an extension of the member 12 (conical plate wall member) in the radial direction is reduced (see annotated fig. 1 above and fig. 2).
Claim 3: The combination discloses a washer 15 (sealing element) attached to a radially outer edge of the washer 15, member 12, actuating member 16, disk 20, and key 24 (at least one wall) (see annotated fig. 1 above).
Claim 4: The combination discloses wherein the washer 15 (sealing element) is attached to a seat 14 (radially outer edge) of the member 12 (conical plate wall member) (see annotated fig. 1 above).
Claim 6: The combination discloses wherein a seat 14 (radially outer edge) of the member 12 (conical plate wall member) comprises a cylindrically shaped outer surface facing towards the inner envelope surface (see annotated fig. 1 above).
Claim 7: The combination discloses wherein the washer 15, member 12, actuating member 16, disk 20, and key 24 (at least one wall) further comprises an attachment arrangement, which includes a threaded stem 18 (stud member or screw member) and a key 24 (nut member), for pressing the member 12 (conical plate wall member) towards the circular plate 17 (base plate wall member) (see annotated fig. 1 above).
The attachment arrangement for pressing the conical plate wall member towards the base plate wall member is/are interpreted under 35 U.S.C. 112(f) as at least one of a stud member and a nut member, screw member, or spring member, and equivalents thereof.
Claim 8: The combination discloses wherein the attachment arrangement comprises a threaded stem 18 (stud member or screw member) and a key 24 (nut member) (see fig. 1).
Claim 9: The combination discloses wherein the attachment arrangement is extending through a center point of the washer 15, member 12, actuating member 16, disk 20, and key 24 (at least one wall) (see annotated fig. 1 above).
Claim 10: The combination discloses wherein at least one of the washer 15, member 12, actuating member 16, disk 20, and key 24 (at least one wall) is an outer wall of the storage tank (see annotated fig. 1 above).
Claim 12: The combination discloses wherein the washer 15, member 12, actuating member 16, disk 20, and key 24 (at least one wall) comprises at least one disk 20 (cover) for covering a side of the at least one wall (see annotated fig. 1 above).
Claim 14: Claim 14 is met when the attachment arrangement comprises a threaded stem 18 (stud member or screw member) and a key 24 (nut member) and not a spring member (see fig. 1).
Claim 1: Horton discloses a vehicle having a first cup holder 32 (see fig. 1).
Horton does not disclose the storage tank of claim 1.
Under a second interpretation Metcalf teaches a storage tank capable of use with some vehicle and configured for storing at least one of fuel for any one of a combustion engine and a fuel cell for propelling the vehicle, and other fluids according to any one of washer fluids and fluids for an exhaust after treatment system, the storage tank comprising: an inner envelope surface defining an inner volume for storing fluids, and a washer 15, member 12, actuating member 16, and key 24, together reading on the at least one wall, which is releasably attached to the inner envelope surface and defines a fluid barrier for fluid in the inner volume, wherein the inner envelope surface is cylinder-formed and wherein the washer 15, member 12, actuating member 16, and key 24 (at least one wall) is associated with a radial plane of the cylinder-formed inner envelope surface, wherein the washer 15, member 12, actuating member 16, and key 24 (at least one wall) is configured to be moved inside the inner volume to change volume sizes of sub-volumes of the inner volume, wherein the washer 15, member 12, actuating member 16, and key 24 (at least one wall) comprises a circular plate 17 (base plate wall member) and a member 12 (conical plate wall member) which are attached to each other, the member 12 (conical plate wall member) having a first convex-shaped side and a second concave-shaped side, wherein the second concave-shaped side is facing a first wall side of the circular plate 17 (base plate wall member) when the circular plate 17 (base plate wall member) and the member 12 (conical plate wall member) are attached to each other, wherein the washer 15, member 12, actuating member 16, and key 24 (at least one wall) is configured to be attached to the inner envelope surface by pressing the member 12 (conical plate wall member) towards the circular plate 17 (base plate wall member) so that the member 12 (conical plate wall member) is expanded in a radial direction thereof (see annotated fig. 1 above and fig. 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the first cup holder 32 to restrain the storage tank taught by Metcalf, in order to transport liquids in a manner which will not spill while driving.
Additionally, or in the alternative, it would have been obvious to one or ordinary skill in the art before the effective filing date of the invention to have placed the storage tank in the vehicle, in order to transport the storage tank in a more expedient manner than by manpower.
Cummings teaches a jug 200 having an opening at its top closed by an insulated top 204 and a spigot 206 at a lower end of its insulated wall 202 which can dispense the contents of the beverage jug 200 (see fig. 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the storage tank to have a spigot 206, as taught by Cummings, in order to dispense contents without having to displace the entire storage tank.
The combination results in each sub-volume being associated with a respective separate opening for allowing fluid to be taken out therefrom, an upper opening associated with the upper sub-volume and an opening of the spigot 206 associated with the lower sub-volume.
Claim 11: The combination discloses wherein at least one of the washer 15, member 12, actuating member 16, and key 24 (at least one wall) is a partition wall dividing the inner volume into at least two sub-volumes (see annotated fig. 1 above).
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Horton (US 20140346802), Metcalf (US 1114625), and Cummings (US 20190331389) as applied to claim 8 above, and further in view of Smith (GB 139064).
Claim 14: The combination discloses the claimed invention except for the spring member being a compression and/or tension spring when the attachment arrangement requires a spring member.
Smith teaches a cover having two main members a’ and b which are held together by a bolt c, where a lever d is fitted to the bolt c and presses the main members a’ and b closer together to increase the circumference of an elastic ring i held between the two main members a’ and b, wherein a spiral spring e (compression spring) is arranged around the bolt c and between the two main members a’ and b to push the two members a’ and b apart (see fig. 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the storage tank to have a spiral spring e (compression spring) arranged around the threaded stem 18 (stud member or screw member) and between the circular plate 17 (base plate wall member) and member 12 (conical plate wall member), as taught by Smith, in order to assist in pushing the circular plate 17 (base plate wall member) and member 12 (conical plate wall member) apart when unsealing.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Horton (US 20140346802), Metcalf (US 1114625), and Cummings (US 20190331389) as applied to claim 12 above, and further in view of Powers (US 3921850).
Claim 15: The combination discloses wherein the washer 15, member 12, actuating member 16, disk 20, and key 24 (at least one wall) comprises a disk 20 (cover) one an upper side (see annotated fig. 1 above).
The combination does not disclose wherein the at least one wall comprises one cover on each side of the at least one wall.
Powers teaches a drum 12 formed of a sheet material that is coated on its internal surface with a plastic or film layer 34 and a plug 24 with a coating layer 44 (cover) that extends over its inner surface (see fig. 1 and 3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have coated the receptacle 10 with a plastic or film layer 34 and to have provided at least the lower surfaces of the circular plate 17 (base plate wall member) with a coating layer 44 (cover), as taught by Powers, in order to provide an aseptic storage tank.
Claim(s) 1, 3, and 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gaines (US 147929) further in view of Horton (US 20140346802) and Cummings (US 20190331389).
Claim 1: Gaines discloses a storage tank capable of use with some vehicle and configured for storing at least one of fuel for any one of a combustion engine and a fuel cell for propelling the vehicle: an inner envelope surface defining an inner volume for storing fluids, and a cap A and plug B, together reading on the at least one wall, which is releasably attached to the inner envelope surface and defines a fluid barrier for fluid in the inner volume, wherein the inner envelope surface is cylinder-formed and wherein the cap A and plug B (at least one wall) is associated with a radial plane of the cylinder-formed inner envelope surface, wherein the cap A and plug B (at least one wall) is configured to be moved inside the inner volume to change volume sizes of sub-volumes of the inner volume, wherein the cap A and plug B (at least one wall) comprises an upper part a (base plate wall member) and a lower part b (conical plate wall member) which are attached to each other, the conical plate wall member having a first convex-shaped side and a second concave-shaped side, wherein the second concave-shaped side is facing a first wall side of the upper part a (base plate wall member) when the base plate wall member and the lower part b (conical plate wall member) are attached to each other, wherein the cap A and plug B (at least one wall) is configured to be attached to the inner envelope surface by pressing the lower part b (conical plate wall member) towards the upper part a (base plate wall member) so that the lower part b (conical plate wall member) is expanded in a radial direction thereof (see annotated fig. below).
Gaines does not disclose a vehicle comprising the storage tank or wherein each sub-volume is associated with a respective separate opening for allowing fluid to be inserted therein and/or to be taken out therefrom.
Horton teaches a vehicle having a first cup holder 32 (see fig. 1).
It would have been obvious to one or ordinary skill in the art before the effective filing date of the invention to have placed the storage tank in the vehicle, in order to transport the storage tank in a more expedient manner than by manpower.
Cummings teaches a jug 200 having an opening at its top closed by an insulated top 204 and a spigot 206 at a lower end of its insulated wall 202 which can dispense the contents of the beverage jug 200 (see fig. 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the storage tank to have a spigot 206, as taught by Cummings, in order to dispense contents without having to displace the entire storage tank.
The combination results in each sub-volume being associated with a respective separate opening for allowing fluid to be taken out therefrom, an upper opening associated with the upper sub-volume and an opening of the spigot 206 associated with the lower sub-volume.
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Claim 3: The combination discloses a rubber or other flexible ring f (sealing element) attached to a radially outer edge of the cap A and plug B (at least one wall) (see annotated fig. above).
Claim 5: The combination discloses wherein the rubber or other flexible ring f (sealing element) comprises a fastening portion which at least partially protrudes radially inwardly of the cap A and plug B (at least one wall) and is located in-between the second concave-shaped side and the first wall side when the upper part a (base plate wall member) and the lower part b (conical plate wall member) are attached to each other (see annotated fig. above).
Claim(s) 1, 3, and 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Horton (US 20140346802) further in view of Cummings (US 20190331389) and Gaines (US 147929).
Claim 1: Horton discloses a vehicle having a first cup holder 32 (see fig. 1).
Horton does not disclose the storage tank of claim 1.
Gaines teaches a storage tank capable of use with some vehicle and configured for storing at least one of fuel for any one of a combustion engine and a fuel cell for propelling the vehicle: an inner envelope surface defining an inner volume for storing fluids, and a cap A and plug B, together reading on the at least one wall, which is releasably attached to the inner envelope surface and defines a fluid barrier for fluid in the inner volume, wherein the inner envelope surface is cylinder-formed and wherein the cap A and plug B (at least one wall) is associated with a radial plane of the cylinder-formed inner envelope surface, wherein the cap A and plug B (at least one wall) is configured to be moved inside the inner volume to change volume sizes of sub-volumes of the inner volume, wherein the cap A and plug B (at least one wall) comprises an upper part a (base plate wall member) and a lower part b (conical plate wall member) which are attached to each other, the conical plate wall member having a first convex-shaped side and a second concave-shaped side, wherein the second concave-shaped side is facing a first wall side of the upper part a (base plate wall member) when the base plate wall member and the lower part b (conical plate wall member) are attached to each other, wherein the cap A and plug B (at least one wall) is configured to be attached to the inner envelope surface by pressing the lower part b (conical plate wall member) towards the upper part a (base plate wall member) so that the lower part b (conical plate wall member) is expanded in a radial direction thereof (see annotated fig. above).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the first cup holder 32 to restrain the storage tank taught by Metcalf, in order to transport liquids in a manner which will not spill while driving.
Additionally, or in the alternative, it would have been obvious to one or ordinary skill in the art before the effective filing date of the invention to have placed the storage tank in the vehicle, in order to transport the storage tank in a more expedient manner than by manpower.
Cummings teaches a jug 200 having an opening at its top closed by an insulated top 204 and a spigot 206 at a lower end of its insulated wall 202 which can dispense the contents of the beverage jug 200 (see fig. 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the storage tank to have a spigot 206, as taught by Cummings, in order to dispense contents without having to displace the entire storage tank.
The combination results in each sub-volume being associated with a respective separate opening for allowing fluid to be taken out therefrom, an upper opening associated with the upper sub-volume and an opening of the spigot 206 associated with the lower sub-volume.
Claim 3: The combination discloses a rubber or other flexible ring f (sealing element) attached to a radially outer edge of the cap A and plug B (at least one wall) (see annotated fig. above).
Claim 5: The combination discloses wherein the rubber or other flexible ring f (sealing element) comprises a fastening portion which at least partially protrudes radially inwardly of the cap A and plug B (at least one wall) and is located in-between the second concave-shaped side and the first wall side when the upper part a (base plate wall member) and the lower part b (conical plate wall member) are attached to each other (see annotated fig. above).
Response to Arguments
The drawing objections in paragraph 2 of office action dated 18 May 2026 are withdrawn in light of the amended disclosure dated 10 July 2026.
The specification objections in paragraph 5 of office action dated 18 May 2026 are withdrawn in light of the amended disclosure dated 10 July 2026.
The 35 U.S.C. § 112 rejections in paragraphs 9-13 of office action dated 18 May 2026 are withdrawn in light of the amended claims dated 10 July 2026.
Applicant's arguments dated 10 July 2026 have been fully considered but they are not persuasive.
In response to applicant’s argument that drawings that illustrate an example of a spring member and a tension spring (of claims 8 and 14) are not necessary for understanding of the subject matter of the invention because the attachment arrangement 28, which may be a spring member in the form of a tension spring, is shown, the Examiner replies that the original disclosure provides that “the attachment arrangement comprises at least one of a stud member, a screw member, a nut member, a spring member, such as a compression spring and/or a tension spring” and that the “attachment arrangement 28 may as shown comprise at least one of a stud member 282 and a nut member 284. Additionally or alternatively, the attachment arrangement 28 may comprise a screw member, a spring member, such as a compression spring and/or a tension spring”. The original disclosure does not provide the location of this spring member or how it would function, such that, without illustration a person of ordinary skill in the art would not understand the structure.
In response to applicant’s argument that the base plate wall member 22 has a first wall side 222 and a second wall side 224 and thus the feature of claim 15 of one cover on each side of the at least one wall is illustrated in figs. 3 and 5, the Examiner replies that the first wall side and second wall side are not covers but sides of the base plate wall member. The original disclosure provides that the at least one wall may comprise at least one cover 204 for covering a side of the at least one wall, where cover 204 is covering the convex-shaped side 242 of the conical plate wall member 24. The original disclosure also explicitly states that a second cover which may additionally or alternatively be provided on the other side of the at least one wall is not shown (P. 0049).
In response to applicant’s argument that the combination of Metcalf and Cummings and that of Gaines and Cummings fail to render obvious independent claim 1 because they fail to describe or suggest the above features, where Metcalf and Gaines relate to jars, bottles, and cans and Cummings relates to a beverage jug, and accordingly none of the cited documents discloses or provides any hint to modify a storage tank of a vehicle, wherein the storage tank is configured for storing at least one of fuel for any one of a combustion engine and a fuel cell for propelling the vehicle, and other fluids according to any one of washer fluids and fluids for an exhaust aftertreatment system, the Examiner responds that these arguments are piecemeal and do not take into account the teachings of Horton. In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). Further, these arguments do not appear to be commensurate in scope with the rejections at hand which do not rely on Metcalf or Gaines to modify a storage tank of a vehicle, but rather rely on Metcalf or Gaines to disclose a storage tanks which are capable of use with some vehicle.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALLAN D STEVENS whose telephone number is (571)270-7798. The examiner can normally be reached Monday-Friday 12-8 ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Orlando E. Aviles can be reached at (571)270-5531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALLAN D STEVENS/Primary Examiner, Art Unit 3736
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