DETAILED ACTION
Specification
The disclosure (specification) is objected to because “pressure sensor 14” (in paragraphs 0049, 0053-0054 and 0056) appears to be an administrative error which could be changed to --pressure sensor 18--.
(Note that in applicant’s response, where a change is requested in the specification, an entire paragraph of the specification containing the change will be needed.)
Appropriate correction is required.
Claim Objections
Claim 4 is objected to because of an administrative error. Going forward with examination, the claim is interpreted to be:
--The tank system of claim 1, wherein the first channel end of the air channel is pneumatically connected to the pressure sensor via [[of]] a coupler.--
Appropriate correction is required.
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.
Claims 1-4 and 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over He et al. (CN 112130594 A; hereinafter “He.” This Office action provides a Machine Translation of He).
1. He teaches a tank system having a tank container (= box body 1) for filling with a liquid/fluid such as water or other liquid (Abstract; Translation, e.g., pages 2 and 12) and having a sensor assembly (3) for determining a current liquid/fluid quantity (= volume, quantity, amount) in the tank container 1 (Abstract; Translation page 3: “…and through the liquid level height, calculating the volume of the liquid/fluid in the box body 1; Page 8: “…to calculate the liquid level height corresponding to the first pressure in the box body 1, so as to judge the water quantity of the box body 1; Page 17: “…to calculate the liquid level height… so as to judge the water amount in the box body 1”), comprising (See fig. 1, reproduced below):
a pressure sensor (3 having a microcontroller 4; Abstract; Translation page 11: “microcontroller 4 electrically connected with the pressure sensor 3”); and
an air channel (= test tube 2; Abstract; Translation page 11) arranged at least in part inside the tank container (1) and pneumatically connected at a first (top) channel end to the pressure sensor (3), and the air channel (2) is oriented in the direction toward a container bottom of the tank container (1) at an open second (bottom) channel end opposite the first (top) channel end (as shown in fig. 1; Abstract; Translation page 2; Translation page 11: “...one end of the test tube 2 extends into the box body 1, so that fluid flows into the test tube 2 from the one end extending into the box body 1…”).
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He doesn’t expressly teach the liquid/fluid being a fuel.
However, as discussed above, He teaches that the liquid may be water or other liquid.
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of the present application to apply He teaching to have the liquid/fluid be a fuel (being other liquid). Obviously, in He as modified, the tank container (1) may be a fuel tank container for filling with a fuel.
Note: In addition the above discussion, note that the term “a fuel” doesn’t appear to be any part of the tank system because said fuel doesn’t appear to provide any structure that would constitute a physical feature of the tank system. Therefore, “a fuel” appears to be irrelevant. Furthermore, the term “for filling with a fuel” appears to be just an intended use unpatentable. One may use He teaching to determine a current liquid/fuel quantity in a tank container filled with a liquid being any type of liquid, including but not limited to a fuel.
2. He as modified teaches the tank system of claim 1, wherein the second (bottom) channel end of the air channel (2) is part of a lower channel portion of the air channel (2) which runs in a laterally offset manner relative to an upper channel portion in the direction toward the container bottom (Translation page 4: “In addition, the test tube 2 can vertically extend into the box body 1, also can be inclined into the box body 1 with a certain angle with the side wall of the box body 1”).
3. He as modified teaches the tank system of claim 1, wherein the pressure sensor (3) is arranged on an outer side of the tank container 1 (as seen at least in fig. 1).
4. He as modified teaches the tank system of claim 1, but doesn’t expressly teach: wherein the first (top) channel end of the air channel (2) is pneumatically connected to the pressure sensor (3) via a coupler.
However, as is evident from the discussion above in claim 1 and as shown in fig. 1, He teaches that the first (top) channel end of the air channel (2) is pneumatically connected to the pressure sensor 3 (Also, see translation page 13: “In one embodiment of the present invention, as shown in FIG. 1, … the pressure sensor 3 is hermetically connected with the test tube 2,” and He claim 3). He further teaches that a term "installation", "connection", "connection", "fixed" and the like, should be understood broadly, for example, the "connection" may be a fixed connection, or a detachable connection, or an integrated connection; "connected" can be directly connected, also can be indirectly connected through an intermediate medium (Translation pages 19-20).”
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of the present application to apply He teaching to have the first (top) channel end of the air channel (2) is pneumatically connected to the pressure sensor (3) via of an intermediate medium, which may be, e.g., a coupler (understood broadly to be as “an intermediate medium” for lacking a description).
11. He as modified teaches the tank system of claim 1, wherein the determination of the current fuel quantity is carried out in dependence on a filling height of the fuel in the tank container 1 (as is evident from the discussion above in claim 1).
12. He as modified teaches the tank system of claim 11, wherein electrical signals of the sensor assembly (3) represent the filling height of the fuel (Abstract; He claim 1).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over He as modified as applied to claim 1 above, and further in view of Pan et al. (US 2018/0066973 A1; hereinafter “Pan”).
He as modified teaches the tank system of claim 1, but doesn’t expressly teach: wherein the first (top) channel end of the air channel (2) is pneumatically connected to the pressure sensor (3) via a coupler.
Pan teaches the tank system having a tank container (400) for filling with a liquid and having a sensor assembly (100) for determining a current liquid level in the tank container (400), the system comprising a piezoelectric sensor (9, 10), wherein a first (top) channel end of an air channel (8) is pneumatically connected to the pressure sensor (9, 10) via of a coupler (= pressure interface 72; Figs. 2, 6, reproduced below; Pars. 0015-0018).
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It would have been obvious to one ordinarily skilled in the art before the effective filing date of the present application to apply Pan teaching to He system by having the first (top) channel end of the air channel (2) pneumatically connected to the pressure sensor (3) via of a coupler, so as to couple/connect the first (top) channel end of the air channel (2) to the pressure sensor (3).
Claims 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over He as modified as applied to claim 1 above, and further in view of Hinrich et al. (DE 19747726 C2; hereinafter “Hinrich.” Hinrich is a reference listed in an IDS filed on 7/30/2024. The IDS provided a Machine Translation of Hinrich).
5. He as modified teaches the tank system of claim 1, but is silent about: wherein the pressure sensor (3) contains a membrane which is movable against the pressure present in the air channel (2).
Hinrich teaches a tank system (100) having a tank container (10) for filling with a liquid (11) and having a sensor assembly (17) for determining a current liquid level in the tank container (10), the sensor assembly (17) comprising a pressure sensor containing a membrane 18 (made of a piezoelectric material) which is movable against a pressure present in an air channel (13). The membrane (18) enables the pressure sensor to measure a pressure inside the air channel 13 (See fig. 1, reproduced below; translation page 4).
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It would have been obvious to one ordinarily skilled in the art before the effective filing date of the present application to apply Hinrich teaching to He tank system as modified by having the pressure sensor (3) contain a membrane which is movable against the pressure present in the air channel (2), for enabling the pressure sensor (3) to measure a pressure inside the air channel (2).
6. He as modified teaches the tank system of claim 5, wherein the membrane (18) is coupled with an electric circuit (23, 24; Hinrich fig. 1) of the pressure sensor, in such a manner that the circuit generates electrical signals which are dependent on a movement of the membrane 18 (Hinrich fig. 1; translation page 4).
Claims 7-10 are rejected under 35 U.S.C. 103 as being unpatentable over He as modified as applied to claim 1 above, and further in view of Ho et al. (KR 20190130353 A; hereinafter “Ho.” Ho is a reference listed in an IDS filed on 7/30/2024. The IDS provided a Machine Translation of Ho).
7. He as modified teaches the tank system of claim 4, but is silent about: wherein the air channel (2) is fixed to a mounting base, which is configured to close a container opening of the tank container (1).
Ho teaches a tank system having a tank container (2) for filling with a fuel and having a sensor assembly (100) for determining a current fuel quantity in the tank container (2), wherein an air channel (10) is fixed to a mounting base (50), which is configured to close a container opening of the tank container 2 (See figs. 1, 4, reproduced below; Abstract; Par. 0029; Also, see fig. 5)
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It would have been obvious to one ordinarily skilled in the art before the effective filing date of the present application to apply Ho teaching to He tank system as modified by having the air channel (2) fixed to a mounting base, which is configured to close a container opening of the tank container (1), so as to seal the container opening from ambient impurities for example.
8. He as modified teaches the tank system of claim 7, but is silent about: wherein the mounting base (50) is fixedly connected to the tank container (1/2) by fasteners.
However, it has been held that making a known structure to be integral, or vice versa, to be multiple parts, is an obvious variation, thus unpatentable. In re Larson, 340 F.2d 965, 967, 144 USPQ 347, 349 (CCPA 1965); In re Wolf, 251 F.2d 854, 855, 116 USPQ 443, 444 (CCPA 1958). As for the present case, it appears that the mounting base (50) and the tank container (1/2) may be made to be integral, or vice versa, to be multiple parts without affecting any function of the tank system. The tank system having the tank container (1/2) as claimed would still be used as well for filling with a fuel and the sensor assembly would still be used as well for determining a current fuel quantity in the tank container (1/2), regardless whether the mounting base (50) and the tank container (1/2) are made to be integral, or vice versa, to be multiple parts.
It would have been obvious to one ordinarily skilled in the art before the effective filling date of the present application to have the mounting base (50) and the tank container (1/2) made to be integral, or vice versa, to be multiple parts. Obviously, since the mounting base (50) and the tank container (1/2) may be made to be multiple parts, the mounting base (50) may be fixedly connected to the tank container (1/2) by fasteners, which may be in a form of a glue, sealant, and/or screws well known and widely available, so as to close/seal the container opening (as discussed above in claim 7).
Furthermore, as discussed above in claim 4, He teaches that a term "installation", "connection", "connection", "fixed" and the like, should be understood broadly, for example, the "connection" may be a fixed connection, or a detachable connection, or an integrated connection; "connected" can be directly connected, also can be indirectly connected through an intermediate medium. Therefore, it further appears that the mounting base (50) and the tank container (1/2) made to be integral, or vice versa, to be multiple parts detachable for each other. Obviously, since the mounting base (50) and the tank container (1/2) may be made to be multiple parts, the mounting base (50) may be fixedly connected to the tank container (1/2) by fasteners, which may be in a form of a glue, sealant, and/or screws well known and widely available, so as to close/seal the container opening (as discussed above in claim 7), and so as to be detachable from each other, for ease of maintenance for example.
9. He as modified teaches the tank system of claim 7, wherein the mounting base has a seal on its side that faces the container opening, so as to close/seal the container opening of the tank container 1/2 (as is obvious from the discussion above in claim 8).
10. He as modified teaches the tank system of one of claim 7, wherein the coupler is arranged on the (upper) side of the mounting base (50) that is remote from the container opening, since the pressure sensor mounting base (50) would close/seal the container opening, and the pressure sensor (3/20/9-10) would be arranged on the outer side of the tank container 1/2 (as discussed above in claims 3 and 7).
Claims 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over He as modified as applied to claim 1 above, and further in view of Stevenson et al. (US 11,100,456 B2; hereinafter “Stevenson”).
14. He as modified teaches the tank system of claim 1, but is silent about: wherein the current fuel quantity is formed as a mean value from instantaneous fuel quantities determined at different times.
Stevenson teaches a tank system having a tank container (64) for filling with a fuel (1001) and having a sensor assembly (104) for determining a current fuel level in the tank container 64 (Fig. 22, reproduced below), wherein the current fuel quantity is formed as a mean (average) value from instantaneous fuel quantities determined at different times. “Because fuel levels may vary due to motion, vibrations, sloshing in the tank, and the like, it is preferable to use rolling averages of fuel volume calculated from averaging a predetermined number of the most recent volume calculations each time a new measurement is taken” (Col.8, lines 29-33).
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It would have been obvious to one ordinarily skilled in the art before the effective filing date of the present application to apply Stevenson teaching to He system as modified by having the current fuel quantity formed as a mean (average) value from instantaneous fuel quantities determined at different times, because fuel levels may vary due to motion, vibrations, sloshing in the tank, and the like, in order to accurately determine the current fuel quantity in the tank container (Note that He as modified teaching may be applied to a fuel system of a vehicle in motion).
15. He as modified teaches the tank system of claim 14, wherein the previous mean value is valid until a new mean value is formed to replace the previous mean value (Stevenson col. 8, lines 29-33: “Because fuel levels may vary due to motion, vibrations, sloshing in the tank, and the like, it is preferable to use rolling averages of fuel volume calculated from averaging a predetermined number of the most recent volume calculations each time a new measurement is taken.” Evidently, He as modified by Stevenson teaches the claim).
Claims 1, 3-4, 11 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Dietschi et al. (US 9,709,432 B2; hereinafter ”Dietschi”).
1. Dietschi teaches a tank system (10) having a tank container (12) for filling with a liquid (11) and having a sensor assembly (15) for determining a current liquid quantity in the tank container 12 (based on a filling height h1 of the liquid in the tank container 12 and the shape of the tank container; Abstract; Col. 2, line 60 – Col. 5; Col. 4, lines 12-18; Fig. 1, reproduced below), comprising:
a pressure sensor (15); and
an air channel (= tube 14) arranged at least in part inside the tank container (12) and pneumatically connected at a first (top) channel end to the pressure sensor (15), and the air channel (14) is oriented in the direction toward a container bottom of the tank container (12) at an open second (bottom) channel end opposite the first (top) channel end (Abstract; Col. 2, line 60 – Col. 3, line 5; Col. 4, lines 12-18).
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Dietschi doesn’t expressly teach the liquid being a fuel.
However, the term “a fuel” doesn’t appear to be any part of the tank system (10) because said fuel doesn’t appear to provide any structure that would constitute a physical feature of the tank system (10). Therefore, “a fuel” appears to be irrelevant. Furthermore, the term “for filling with a fuel” appears to be just an intended use unpatentable. One may use Dietschi teaching to determine a current liquid/fuel quantity in a tank container filled with a liquid being any type of liquid, including but not limited to a fuel.
It would have been obvious to one ordinarily skilled in the art before the effective filing date of the present application to have the liquid be a fuel (or any other liquid), since Dietschi teaching appears to be applicable to any fluid, including but not limited to a fuel.
3. Dietschi as modified teaches the tank system of claim 1, wherein the pressure sensor (15) is arranged on an outer side of the tank container 12 (as seen at least in fig. 1).
4. Dietschi as modified teaches the tank system of claim 1, wherein the first (top) channel end of the air channel (14) is pneumatically connected to the pressure sensor (15) via of a coupler (= adapter 24; Fig. 2; Col. 3, lines 57-60).
11. He as modified teaches the tank system of claim 1, wherein the determination of the current fuel quantity is carried out in dependence on a filling height (h1) of the fuel in the tank container 11 (as discussed above in claim 1; Abstract; Col. 2, line 60 – Col. 3, line 5; Col. 4, lines 12-18).
13. The tank system of claim 11, wherein characteristic data which are dependent on the tank container (12) are provided for determining the current fuel quantity in dependence on the filling height (h1) and the characteristic data (Abstract; Col. 2, line 60 – Col. 3, line 5; Col. 4, lines 12-18).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Nguyen (Wyn) Q. Ha whose telephone number is (571) 272-2863, email: nguyenq.ha@uspto.gov. The examiner can normally be reached Monday - Friday 8 am - 4:30 pm (Eastern Time).
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/Nguyen Q. Ha/Primary Examiner, Art Unit 2853 February 4, 2026