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 .
Claim Rejections - 35 USC § 102
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) 1-7 and 9-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schreckenberger et al (EP 1596057). Schreckenberger discloses:
With regard to claim 1 - A motor vehicle tank, comprising:
a fuel tank 10 for storing fuel, the fuel tank having a wall with an opening;
a withdrawal insert member 11 operable for inserting at the opening, the withdrawal insert member 11 including:
at least one supply line 15 for withdrawing fuel from the fuel tank for a consumer,
at least one return line 16 for returning withdrawn fuel via the at least one supply line to the fuel tank, and
a level sensor 20 operable to determine a level of fuel in the fuel tank 10;
a flange plate fastened to the wall 12 of the fuel tank in a region of the opening of the wall 12, the flange plate including a flange plate opening in the region of the opening of the wall 12, with a thread of a bayonet fastener 36 or a thread of a screw fastener on the end-face edge of the flange plate opening,
wherein the withdrawal insert member has a corresponding mating element 33 for the thread of the flange plate opening for fastening to the flange plate via the bayonet catch 36 or the screw fastener (see Figs. 2 and 3).
With regard to claim 2 - wherein the withdrawal insert member is operable for fastening to a top of the fuel tank in an installed position (See Fig. 1).
With regard to claim 3 - wherein the at least one supply line 15, the at least one return line 16, and the level sensor 20 are guided through the opening in the wall 12 of the fuel tank 10 and the flange plate opening so that they are formed at least partially inside the fuel tank and have at least one access outside of the fuel tank 10 (see Figs. 1 and 2).
With regard to claim 4 - wherein the at least one supply line 15 includes a supply line inlet formed in a head part of the withdrawal insert member outside of the fuel tank 10 (see Fig. 2).
With regard to claim 5 - wherein the at least one return line 16 includes a return line inlet formed in the head part of the withdrawal insert member outside of the fuel tank 10 (see Fig. 2).
With regard to claim 6 - wherein the level sensor 20 includes a level sensor inlet 23 formed in the head part of the withdrawal insert member outside of the fuel tank 10 (see Fig. 1).
With regard to claim 7 - wherein at least the at least one supply line 15 extends through the entire fuel tank and has a supply line opening 19 adjacent to a bottom surface of the fuel tank 10 (see Fig. 6; “FIG. 6 shows a schematic representation of the fuel module. In the fuel tank 10, the fuel filter 11 is arranged, wherein the proportions of the components to each other do not correspond to the reality. Of course, the fuel tank may be designed to be many times larger than the fuel filter 11. The components described in the previous figures are provided with the same reference numerals. At the fuel outlet 15, a feed pump 57 connects, which sucks the fuel via the fuel intake 19 from the fuel tank 10 into the fuel filter 11.” – see translation).
With regard to claim 9 - wherein at least the level sensor 20 extends through the entire fuel tank and has a level sensor opening adjacent to a bottom surface of the fuel tank 10 (see Fig. 1).
With regard to claim 10 - wherein the withdrawal insert member further includes a vent valve 50 (“The degassing unit 43 is connected downstream of the preheating unit 18. Of the passes through the fuel return 16 entering the fuel filter 11 volume flow in a distribution chamber 44, from where he into a tank return 45 and a delivery line 46 can occur. In the tank return 46, a valve 50 is arranged, which is provided in particular for pressure regulation in the delivery line 46.” – see translation and Fig. 5).
With regard to claim 11 - wherein certain regions of the flange plate has a flat surface formed therein (see marked up figure below).
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With regard to claim 12 - wherein the flange plate opening lies completely in the flat surface (see marked up figure above and Fig. 2).
With regard to claim 13 - wherein the flat surface is outwardly offset or inwardly offset from the remaining regions of the flange plate (see Fig. 2).
With regard to claim 14 - where the flat surface has a circular configuration (see marked up figure above).
Claim Rejections - 35 USC § 103
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.
Claim(s) 1, 8, and 15-20 are rejected under 35 U.S.C. 103 as being unpatentable over Loffink (US 10,486,527) in view of Schreckenberger.
With regard to claim 1, Loffink discloses - A motor vehicle tank, comprising:
a fuel tank 34 for storing fuel, the fuel tank having a wall 38 with an opening 36;
a withdrawal insert member 10 operable for inserting at the opening, the withdrawal insert member 10 including:
at least one supply line 24 for withdrawing fuel from the fuel tank for a consumer,
at least one return line 26 for returning withdrawn fuel via the at least one supply line to the fuel tank, and
a flange plate 12 fastened to the wall 38 of the fuel tank 34 in a region of the opening of the wall 38, the flange plate 12 including a flange plate opening in the region of the opening 36 of the wall 38, with a thread of a bayonet fastener or a thread 30 of a screw fastener 28 on the end-face edge of the flange plate opening,
wherein the withdrawal insert member 10 has a corresponding mating element 14 for the thread 30 of the flange plate opening for fastening to the flange plate via the bayonet catch 36 or the screw fastener 28.
Loffink fails to explicitly disclose a level sensor operable to determine a level of fuel in the fuel tank. As seen above, Schreckenberger teaches a fuel tank insert incorporating a fuel level sensor 20 so as to allow the fuel level within the tank to be detectable. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the fuel tank of Loffink with the teaching of Schreckenberger such that the insert includes a level sensor, with reasonable expectation, to allow the fuel level within the tank to be detectable.
With regard to claim 8, Loffink discloses wherein at least the at least one return line 26 extends through the entire fuel tank and has a return line opening adjacent to a bottom surface of the fuel tank.
With regard to claim 15, Loffink discloses a method for manufacturing the motor vehicle tank of claim 1, the method comprising:
manufacturing the fuel tank 34 with the opening 36 in the wall 38, the fuel tank 34 operable for storing fuel;
fastening the flange plate 12 with the flange plate opening in the area of the opening 36 of the wall of the fuel tank to the wall of the fuel tank;
inserting the withdrawal insert member 10 in the opening in the wall of the fuel tank and the flange plate opening; and
fastening the withdrawal insert member 10 to an end edge of the flange plate 12 opening via the thread of the bayonet lock or the thread of the screw fastener 28.
With regard to claim 16, Loffink discloses wherein fastening the withdrawal insert 10 member comprises fastening the withdrawal insert member 10 to a top of the fuel tank 34 in an installed position (see Fig. 2).
With regard to claim 17, Loffink discloses further comprising guiding the at least one supply line 24, the at least one return line 26, and the level sensor through the opening 36 in the wall 38 of the fuel tank 34 and the flange plate opening so that they are formed at least partially inside the fuel tank and have at least one access (opening 54) outside of the fuel tank.
With regard to claim 18, Loffink discloses wherein the at least one supply line 24 includes a supply line inlet 54 formed in a head part of the withdrawal insert member outside of the fuel tank (see Figs. 9 and 10).
With regard to claim 19, Loffink discloses wherein the at least one return line 26 includes a return line inlet 54 formed in the head part of the withdrawal insert member outside of the fuel tank (see Figs. 9 and 10).
With regard to claim 20, Schreckenberger teaches wherein the level sensor 20 includes a level sensor inlet formed in the head part of the withdrawal insert member outside of the fuel tank. Loffink discloses that “ Top plate 22 may include multiple apertures 54, in a variety of sizes and positions on top plate 22, for securing components there on or there in” (column 3, lines 9-11).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY WILHELM whose telephone number is (571)272-6980. The examiner can normally be reached Monday-Friday 8:30-5:30.
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/TIMOTHY WILHELM/Primary Examiner, Art Unit 3617 March 21, 2026
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