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 claims 14 - 33 in the reply filed on 11/11/25 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)).
Specification
The disclosure is objected to because of the following informalities:
On page 9, line 18, “owner” should be - - owned - -.
On page 14, line 4, “contain” should be - - container - -.
On page 14, lines 4 and 5, second fuel container 23 is defined as a “intended to hold old fuel” and, in lines 20 and 21, second fuel container 23 is defined as containing “fresh fuel”.
On page 16, line 18, “tanks” should - - tank - -.
On page 16, line 18, 80 references a tank and, on line 20, 80 references a fuel supply system.
Appropriate correction is required.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “80” has been used to designate both “tanks” (Figure 6) and “fuel supply system” (Figure 7). 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. 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.
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, regarding claim 31, wherein said pump is disposed between said first three-way valve and said second three-way valve 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 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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 21 – 27 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 21, it is unclear as to whether “a pressure regulator” is the same pressure regulator defined in claim 14.
Claim 26 recites the limitation "said first partitioned compartment " in lines 3 and 4. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
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 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) 14 - 24 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Glenz et al. (2005/0224056; herein after Glenz).
Regarding claim 14, the Glenz reference discloses a method of operating a fuel supply system, comprising the steps of:
providing a mobile fuel supply system (Fig. 1; the system is in a vehicle, which is mobile) having a fuel input port (defined at three-way valve 5), a fuel output port (defined at three-way valve 6), a pump (2), a pressure regulator (11, 17), and valves (5, 6) for selectively connecting said input port and said output port to each other and at least one fuel storage container (1, 13);
connecting said fuel input port to a fuel source (1 or 13) within a vehicle, wherein said fuel input port receives fuel from said fuel source once connected;
connecting said fuel output port to a fuel intake (12) within said vehicle; and
operating said pump to direct said fuel from said fuel source to said fuel intake (12).
Regarding claim 15, further including utilizing said pump (2) to supply said fuel to said output port. See paragraph [0020].
Regarding claim 16, wherein said mobile fuel supply system includes a first fuel container (1 or 13) and a second fuel container (1 or 13), wherein said pump (2) draws said fuel into said first fuel container (1 or 13), via return lines (14 or 18).
Regarding claim 17, further including at least partially filling said second fuel container with fresh fuel and utilizing said pump to pump said fresh fuel to said output port. The second fuel container (1 or 13) is capable of being partially or fully fueled. See paragraph [0024].
Regarding claim 18, wherein said pump (2) draws said fuel from said gas tank fuel source and transfers said fuel to a removable fuel container (both gas tanks 1 and 13 are removable fuel containers), and wherein said pump draws said fuel from said removable fuel container and supplies said fuel to said output port (defined a valve 6).
Regarding claim 19, further including providing a battery (inherent to a vehicle) as part of said mobile fuel supply system, and electrically connecting said battery to said vehicle. The battery provides the necessary electric to electric motor (3).
Regarding claim 20, wherein said mobile fuel supply system includes a wheeled cart. The mobile system (i.e., vehicle) has 4 wheels and can be construed as a “wheeled cart” under broadest reasonable interpretation.
Regarding claim 21, wherein said pump (2) has a pump output directed to said fuel output port (defined at valve 6), wherein said pump output has an output pressure (inherent), wherein said method further includes using a pressure regulator (11 or 17; see Figures 1 – 6) for selectively controlling said output pressure.
Regarding claim 22, further including providing a first three-way valve (5) and providing a second three-way valve (6); wherein said first three-way valve selectively connects said second three-way valve to either said fuel input port or said at least one fuel storage container (Figure 3); and wherein said second three-way valve selectively connects said pump to either said first three-way valve or to said at least one fuel storage container (Figure 4).
Regarding claim 23, further including providing a battery (i.e., vehicle battery) for powering said pump (2).
Regarding claim 24, further including providing a mobile cart (i.e., vehicle) and supporting said battery (inherent), said at least one fuel storage container (1 or 13), said pump (2), said pressure regulator (11 and 17), said first three- way valve (5) and said second three-way valve (6) on said mobile cart.
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.
Claim(s) 25 – 33 is/are rejected under 35 U.S.C. 103 as being unpatentable over Glenz et al. (discussed supra; herein after Glenz) in view of Flournoy (7357161).
Regarding claims 25 and 28 - 30, the Glenz reference discloses the invention (discussed supra), but doesn’t disclose said mobile cart contains a first compartment that holds said at least one fuel storage container, a second compartment that holds said battery, and a third compartment that holds said pump, said pressure regulator, said first three-way valve and said second three-way valve. The Flournoy reference discloses a fluid exchange system comprising a mobile cart (10) with compartment (110) to hold storage containers (70, 20), a battery compartment and a compartment (12, 140) to hold pump, pressure regulator and valves (see Figures 2 and 3) to compartmentalize the components and place the system on a mobile hand cart to quickly be rolled into position to service a vehicle (see col. 3, lines 23 – 37). Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date to modify the Glenz device to have a compartmented mobile cart as, for example, taught by the Flournoy reference in order to compartmentalize the components and place the system on a mobile hand cart to quickly be rolled into position to service a vehicle.
Regarding claim 26, the Glenz reference discloses wherein said at least one fuel storage container (13) is selectively removable from said first partitioned compartment of said mobile cart.
Regarding claim 27, the Glenz reference discloses wherein said at least one fuel storage container includes a first storage container (1) and a separate second storage container (13), wherein said first three-way valve (5) selectively connects to said first fuel storage container (1) and said second three-way valve selectively (6) connects to said second fuel storage container (13). See Figures 1 – 6.
Regarding claim 31, the Glenz reference discloses wherein said valves (5, 6) include a first three-way valve and a second three-way valve (para. [0021]), wherein said pump (2) is disposed between said first three-way valve and said second three-way valve. See pump (2) location in Figures 1 – 5.
Regarding claim 32, the Glenz reference discloses wherein said first three-way valve (5) selectively connects said pump to either said fuel input port or said at least one fuel storage container (1 or 13; see Figure 1 - 4).
Regarding claim 33, the Glenz reference discloses wherein said second three-way valve (6) selectively connects said pump (2) to either said fuel output port or said at least one fuel storage container (1; see Figure 5).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The Lynn (2011/0036428) reference discloses a fuel transfer system (10; Figure 1) having valves (36, 40), pump (24) and removable tank (12).
The Eshenour (7171995) reference discloses a fuel transfer system (100) having a mobile, wheeled cart (100) with pressure regulator (160).
The Headrick (3200993) reference discloses a fuel servicing vehicle (120) having thee-way valve (117), tanks (125, 127), pressure regulator (135) and pump (119).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY LEWIS MAUST whose telephone number is (571)272-4891. The examiner can normally be reached Monday - Thursday, 7am - 5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Craig Schneider can be reached at 571-272-3607. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TIMOTHY L MAUST/Primary Examiner, Art Unit 3753