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
Applicant’s election of Group I (claims 1-12) in the reply filed on May 8, 2025 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 13 and 14 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected method, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on May 8, 2025.
Applicant’s election without traverse of Group I (claims 1-12) in the reply filed on May 8, 2025 is acknowledged.
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.
Claims 1-12 are rejected under 35 U.S.C. 103 as being unpatentable over Kopiec (U.S. 2014/0246440) in view of Beysel (U.S. 2020/0114754).
Regarding claim 1, Kopiec teaches a toolbox supporting transfer fuel tank 1 comprising a tank body (formed by 2a, 2b) comprising a vertical portion (shown at lead line 1 in figure 2) and a toolbox supporting portion (shown at lead line 8 in figure 3A), the tank body 1 having an inner volume a fill tube 4 coupled to a top surface of the tank body, a strengthening channel (shown adjacent lead line 5 in figure 1) formed in the top surface of the tank body, the strengthening channel is sized and shaped to receive a pipe fitting for a transfer pump (capable of receiving an appropriately sized pipe fitting), wherein the strengthening channel runs alongside the fitting and the pump to provide rigidity to this area of the tank body to support the transfer pump, and a lower baffle at 7 in figure 3B extending from a rear surface of the tank body and contacting the toolbox supporting portion of the tank body adjacent a transition point from the vertical portion to the toolbox supporting portion (figures 3A and 3B).
Kopiec discloses the claimed invention except for the kiss-off feature. Beysel teaches that it is known to provide a container with a kiss-off feature (see paragraph [0034]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the tank of Kopiec with the kiss-off feature, as taught by Beysel, in order to increase resistance to vibrations, as disclosed in paragraph [0034] of Beysel.
Note that the claims are drawn to the subcombination of the tank and not the combination of the tank, fitting, pick up tube and pump.
Regarding claim 2, a pickup tube support formed in a bottom surface of the tank body (can be considered recess formed in 2b adjacent lead lines 19, 20, to the degree set forth in the claim).
Regarding claim 3, the pickup tube support is a half cylinder (figure 1).
Regarding claim 4, the pickup tube support receives the pickup tube within the half cylinder and inhibits movement of the pickup tube in at least three directions (capable of receiving an appropriately sized pickup tube).
Regarding claim 5, the weight of the transfer pump is applied in an axial direction down the pickup tube coupled within the pickup tube support to stabilize the transfer pump and inhibit the transfer pump from vibrating loose (the tank of Kopiec is capable of performing as set forth in claim 5). Note that the claims are drawn to the subcombination of the tank and not the combination of the tank, fitting, pick up tube and pump.
Regarding claim 6, at least one baffle support at 14, 7 extending from a side of the tank body into the inner volume of the tank body.
Regarding claim 7, the baffle support a 14, 7 inhibits fuel slosh of fuel within the inner volume and provides a multi-tier support to the tank body.
Regarding claim 8, Kopiec teaches a toolbox supporting transfer fuel tank 1 comprising a tank body (formed by 2a, 2b) comprising a vertical portion (shown at lead line 1 in figure 2) and a toolbox supporting portion (shown generally at lead lines 8 in figures 3A, 3B), the tank body having an inner volume, a fill tube 4 coupled to a top surface of the tank body, at least one baffle support 14 extending from a side of the tank body into the inner volume of the tank body, a pickup tube support formed in a bottom surface of the tank body (can be considered recess formed in 2b adjacent lead lines 19, 20, to the degree set forth in the claim), a strengthening channel (shown adjacent lead lines 5 in figure 1) formed in the top surface of the tank body, the strengthening channel is sized and shaped to receive a pipe fitting for a transfer pump (capable of receiving appropriately sized transfer pump), wherein the strengthening channel runs alongside the fitting and the pump to provide rigidity to this area of the tank body to support the transfer pump, and at least one lower baffle 7 extending from a rear surface of the tank body and contacting the toolbox supporting portion of the tank body adjacent a transition point from the vertical portion to the toolbox supporting portion.
Kopiec discloses the claimed invention except for the kiss-off feature. Beysel teaches that it is known to provide a container with a kiss-off feature (see paragraph [0034]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the tank of Kopiec with the kiss-off feature, as taught by Beysel, in order to increase resistance to vibrations, as disclosed in paragraph [0034] of Beysel.
Note that the claims are drawn to the subcombination of the tank and not the combination of the tank, fitting, pick up tube and pump.
Regarding claim 9, the pickup tube support is a half cylinder (figure 1 adjacent 19, 20).
Regarding claim 10, the pickup tube support receives the pickup tube within the half cylinder and inhibits movement of the pickup tube in at least three directions (capable of receiving tube and limiting movement when the tube is received therein).
Regarding claim 11, the weight of the transfer pump is applied in an axial direction down the pickup tube coupled within the pickup tube support to stabilize the transfer pump and inhibit the transfer pump from vibrating loose (the tank of Kopiec is capable of performing as set forth in claim 11). Note that the claims are drawn to the subcombination of the tank and not the combination of the tank, fitting, pick up tube and pump.
Regarding claim 12, baffle support 14, 7 inhibits fuel slosh of fuel within the inner volume and provides a multi-tier support to the tank body.
Response to Arguments
Applicant's arguments filed August 21, 2025 have been fully considered but they are not persuasive. Applicant argues that Kopiec does not teach the kiss-off feature of the tank. The secondary reference of Beysel (U.S. 2020/0114754) has been added to the rejection for the teaching of providing a tank with a kiss-off. The teachings of Beysel are used to modify the tank of Kopiec. Beysel teaches that it is known to provide a kiss-off in the area of the tank where walls and baffles are joined together (paragraph [0054] of Beysel).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 NIKI MARINA ELOSHWAY whose telephone number is (571)272-4538. The examiner can normally be reached Monday through Friday 7: 00 a.m. to 3:00 p.m..
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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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/NIKI M ELOSHWAY/Examiner, Art Unit 3736
/ORLANDO E AVILES/Supervisory Patent Examiner, Art Unit 3736