DETAILED ACTION
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
All pending claims 1-4, 6-10 and 14-15 are rejected under 35 U.S.C. 112(b) because the term “irregular” in independent claim 1 is a relative term which renders the claim indefinite. The term “irregular contours” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention (Dependent claims 3-4, 6-10 and 14-15 fall together with independent claim 1).
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 7-10 are rejected under 35 U.S.C. 103 as being unpatentable over Ho et al. (KR 20190130353 A) in view of He et al. (CN 112130594 A) and Dietschi et al. (US 9,709,432 B2).
1. Ho teaches a tank system for fuel of a work vehicle (Abstract: “The present invention relates to a level measurement sensor for measuring a liquid fuel level of a liquid fuel tank for a vehicle”) comprising (See figs. 1, 4, reproduced below):
a fuel tank container (2) defining an inner volume with irregular contours containing fuel at a fill height (as is apparent from at least in fig. 1. Note that the term “irregular” is a relative term undefined);
a pressure sensor (20) mounted to the fuel tank container (2) and having a moveable membrane (diaphragm 23);
an air channel (10) coupled to the pressure sensor (20) and having a first (upper) channel end (22) open to the membrane (23) of the pressure sensor (20) and having a second (lower) channel end (12, 12’) disposed within the internal volume of the fuel tank container (2) open to the fuel such that the fill height of the fuel within the fuel tank container (2) effects a pressure of a column of air within the air channel (10) acting upon the movable membrane (23) of the pressure sensor (20);
wherein the system determines a fuel quantity within the fuel tank container (2) based on signals from the pressure sensor; and outputs a fuel quantity signal to a display unit (See Translation Pars. 0006, 0018, 0022, 0027, 0029, 0037, 0038).
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Ho is silent about the system comprising:
a data processing unit having a processor and memory and configured to execute instructions to:
receive an electrical signal from the pressure sensor (20) corresponding to the fill height of the fuel in the fuel tank container (2);
receive tank characteristic data dependent on the fuel tank container (2); and
determine a fuel quantity within the fuel tank container (2) based on the signals from the pressure sensor (20) and the tank characteristic data.
He teaches a tank system comprising (See fig. 1, reproduced below):
a liquid tank container (1);
a pressure sensor (3);
an air channel (2) coupled to the pressure sensor (3) and having a first (upper) channel end open to the pressure sensor (3) and having a second (lower) channel end disposed within an internal volume of the liquid tank container (1) open to a liquid in the liquid tank container (1) such that a fill height of the liquid effects a pressure of a column of air within the air channel (2) acting upon the pressure sensor (3); and
a data processing unit having a processor and memory and configured to execute instructions to (See Translation Page 10; He claim 17):
receive an electrical signal from the pressure sensor (3) corresponding to the fill height of the liquid in the liquid tank container 1 (See Translation Page 10; He claim 17); and
determine a liquid quantity in the liquid tank container (1) based on the signals from the pressure sensor 3 (See Translation Page 10; He claim 17).
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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 He teaching to Ho system by having the system comprise a data processing unit having a processor and memory and configured to execute instructions to receive an electrical signal from the pressure sensor (20) corresponding to the fill height of the fuel in the fuel tank container (2); and determine a fuel quantity within the fuel tank container (2) based on the signals from the pressure sensor (20). The processor and memory would help automate the system.
Ho as modified is silent about:
the data processing unit configured to execute instructions to:
receive tank characteristic data dependent on the fuel tank container (2); and
determine a fuel quantity within the fuel tank container (2) based on the signals from the pressure sensor (20) and the tank characteristic data.
Dietschi teaches a tank system (10) comprising (See fig. 1, reproduced below):
a liquid tank container (12);
a pressure sensor (15);
an air channel (14) coupled to the pressure sensor (15) and having a first (upper) channel end open to the pressure sensor (15) and having a second (lower) channel end disposed within an internal volume of the liquid tank container (12) open to a liquid (11) in the liquid tank container (12) such that a fill height of the liquid (11) effects a pressure of a column of air within the air channel (14) acting upon the pressure sensor (15); and
a data processing unit (control unit or processor 31; Fig. 2) configured to execute instructions to:
receive tank characteristic data dependent on the liquid tank container 12 (said tank characteristic data may be, for instance, size and capacity of the liquid tank container 12 among a plurality of containers to be received and stored in the control unit or processor 31; Col. 4, lines 3-18); and
determine a liquid quantity within the liquid tank container (12) based on the signals from the pressure sensor (15) and the tank characteristic data (Col. 2, line 60 – Col. 3, line 5).
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Col. 4, lines 3-18: “According to the preferred embodiment, the control unit or processor 31 is configured to…calculate the quantity of milk 11 in the container 12 on the basis of the calculated level hl and of the size of the container 12; in particular, preferably, the control unit 31 comprises stored therein a table including, for instance, size/shape and capacity of a plurality of containers.” Understandably, the control unit or processor 31 receives the size/shape and capacity of the container 12 among a plurality of containers to store therein.
Col. 2, line 60 – Col. 3, line 5: “According to the hydrostatic pressure principle the pressure that the sensor 15 measures can be converted into a height h that is proportional to the distance between the sensor 15 and the liquid surface in the container 12. Then by knowing the height of the sensor hs in respect to the bottom of the container 12, the height of the liquid hl can be determined as well as the quantity of liquid, if the container size/shape and capacity are known.” Understandably, in addition to the signals from the pressure sensor 15, the received size/shape and capacity of the container 12, being the tank characteristic data, are already known and received/stored in advance to be used for determining the height of the liquid hl as well as the quantity of liquid within the liquid tank container 12.
It would have been obvious to one ordinarily skilled in the art before the effective filing date of the present application to apply Dietschi teaching to Ho as modified system by having the data processing unit configured to execute instructions to receive tank characteristic data dependent on the fuel tank container (2); and determine a fuel quantity within the fuel tank container (2) based on the signals from the pressure sensor (20) and the tank characteristic data, in order to the accurately determine a fuel quantity within the fuel tank container (2).
2. Ho as modified teaches the tank system of claim 1, wherein the second (lower) channel end (12, 12’) of the air channel (10) is part of a lower channel portion of the air channel (10) which runs in a laterally offset manner relative to an upper channel portion in a direction toward a container bottom of the fuel tank container 1 (as seen at least in Ho fig.4. Moreover, refer to He fig. 1 and teaching, 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. Ho as modified teaches the tank system of claim 1, wherein the pressure sensor (20) is arranged on an outer side of the fuel tank container 2 (as seen at least in Ho fig. 1).
4. Ho as modified teaches the tank system of claim 1, wherein the first (top) channel end of the air channel is pneumatically connected to the pressure sensor via a coupler.
Note: Refer to He fig. 1 and teaching, 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.” 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 (He 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 Ho system by having the first (top) channel end of the air channel (10) pneumatically connected to the pressure sensor (20) via of an intermediate medium, which may be, e.g., a coupler (understood broadly as “an intermediate medium”).
7. Ho as modified teaches the tank system of claim 4, wherein the air channel (10) is fixed to a mounting base 50 (as shown at least in Ho fig. 4), which is configured to close a container opening of the fuel tank container 2 (as is apparent from at least Ho fig. 4).
8. Ho as modified teaches the tank system of claim 7, but is silent about: wherein the mounting base (50) is fixedly connected to the fuel tank container (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 (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 (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 (2), regardless whether the mounting base (50) and the tank container (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 (2) made to be integral, or vice versa, to be multiple parts. Obviously, since the mounting base (50) and the tank container (2) may be made to be multiple parts, the mounting base (50) may be fixedly connected to the tank container (2) by fasteners, which may be in a form of a glue, sealant, and/or screws well known in the art 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 (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 (2) may be made to be multiple parts, the mounting base (50) may be fixedly connected to the tank container (2) by fasteners, which may be in a form of a glue, sealant, and/or screws well known in the art and widely available, so as to close/seal the container opening, or to be detachable from each other, for ease of maintenance for example.
9. Ho as modified teaches the tank system of claim 7, wherein the mounting base has a seal on its side that faces the container opening (as is obvious from the discussion above in claim 8).
10. Ho as modified teaches the tank system of one of claims 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 (20) would be arranged on the outer side of the tank container 2 (as discussed above in claims 3 and 7).
Claim 4 is also rejected under 35 U.S.C. 103 as being unpatentable over Ho et al. in view of He et al. and Dietschi et al. as applied to claim 1 above, and further in view of Pan et al. (US 2018/0066973 A1).
Ho as modified teaches the tank system of claim 1, but doesn’t expressly teach: wherein the first (top) channel end of the air channel (10) is pneumatically connected to the pressure sensor (20) via a coupler.
Pan teaches the tank system comprising 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 Ho system as modified by having the first (top) channel end of the air channel (10) pneumatically connected to the pressure sensor (20) via of a coupler, so as to couple/connect the first (top) channel end of the air channel (10) to the pressure sensor (20).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Ho et al. in view of He et al. and Dietschi et al. as applied to claim 1 above, and further in view of Hinrich et al. (DE 19747726 C2).
Ho as modified teaches the tank system of claim 1, but is silent about: wherein the membrane (23) is coupled with an electric circuit of the pressure sensor (20), in such a manner that the circuit generates electrical signals which are dependent on a movement of the membrane (23).
Hinrich teaches a tank system (100) comprising a liquid tank container (10); a pressure sensor (17); and an air channel (13) coupled to the pressure sensor (17). The pressure sensor (17) comprises a membrane 18 (made of a piezoelectric material) which is movable against a pressure present in the air channel (13). The membrane (18) enables the pressure sensor (17) to measure a pressure inside the air channel 13 (See fig. 1, reproduced below; Translation page 4). The membrane (18) is coupled with an electric circuit (23, 24; 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 (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 Ho system as modified by having the membrane (23) coupled with an electric circuit of the pressure sensor (20), in such a manner that the circuit generates electrical signals which are dependent on a movement of the membrane (23), for enabling the pressure sensor (20) to measure a pressure inside the air channel (10).
Claims 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Ho et al. in view of He et al. and Dietschi et al. as applied to claim 1 above, and further in view of Stevenson et al. (US 11,100,456 B2).
14. Ho as modified teaches the tank system of claim 1, but is silent about: wherein the fuel quantity is a current fuel quantity 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 a fuel quantity is a 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, 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 Ho system as modified by having the fuel quantity be a 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 (2), and the like, in order to accurately determine the current fuel quantity in the tank container (2) especially while the vehicle is moving for example.
15. Ho 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, Ho as modified by Stevenson teaches the claim).
Response to Arguments
Applicant's arguments filed on 4/28/2026 have been fully considered but they are not persuasive. It appears that the presently-presented claims recite essentially the same limitations of the rejected original claims. The only noticeable difference between the presently-presented claims and the rejected original claims is the limitation “a fuel tank container defining an inner volume with irregular contours.” However, as discussed above, “irregular” is a relative term which renders the presently-presented claims indefinite. Nevertheless, with broadest reasonable interpretation, Ho as modified teaches the claimed invention.
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 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 May 8, 2026
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