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 .
2. Claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over Shuey (7533703) and
Middleton (2023/0034411) Tierman (5947372) and Wood (8047153).
Regarding claim 1, Shuey teaches a thermostat 210 visible to the user to enter information for controlling the heating or colling system in the home. See col. 4 lines 65+. Shuey also teaches a Fuel tank gauge 102 attaches to a fuel tank (col. 3 lines 30-37) located outdoors in communication with the thermostat (col. 2 lines 49-60) as claimed. Shuey shows the communication unit 104 that communicates with the thermostat being integrated with the tank gauge. See also element 205 and figure 4. Shuey teaches a communication unit that includes a processor 503,504,505. Shuey teaches a power supply 407.
Shuey doesn't specifically show a second communication unit that communicates the gauge
data to a personal electronic device. In an analogous art, Middleton shows a personal smart device or tablet in communication for displaying the gauge data. See figure 4. Middleton uses Wifi, Bluetooth,
Satellite, Cellular communication channels as alternatives. See paragraph 27. Middleton's tank-gauge has a housing with a perimeter wall made of elements 120, 130, 140, 150, 160. Middleton teaches a battery power supply 190, and the battery may be rechargeable.
See paragraph 23.
Therefore, it would have been obvious to one of ordinary skill in the art to include the personal
communication device of Middleton in the Shuey in order to provide enhanced monitoring for the user.
In an analogous art, Tiernan teaches a tank-gauge that is powered by rechargeable solar panel. See col. 4 line 54+.
The light generating devices and the photoelectric sensors can be powered by the domestic electric supply (typically 115 v AC). More preferably, oil tanks typically have an associated oil pump that operates on 24 v DC. This DC power source for the pump can also be used to power these same components in the present device. Additionally, for tanks stored in a basement in which the oil burner is located, there is a 24 v DC (or other power) source for the ignition of the oil burners; this source of power can also be routed to the sensor of the present invention. It is preferred that the duty cycle of the light generating devices be kept to a minimum, especially when the present invention is powered locally by a battery, to minimize power consumption. For an outdoor, above ground tank, a solar cell can be provided to recharge the battery. Various jurisdictions, such as portions of Connecticut, now require fuel storage tanks to be housed in the interior of the dwelling, such as in the basement, to minimize environmental damage cause by release (such as leaking) of the toxic oil.
In order to operate effectively, the examiner takes official notice that a solar panel would
benefit from being mounted on top of any element. It would have been obvious to one of
ordinary skill in the art at the time of the invention to have powered the Shuey-Middleton
system using a rechargeable battery that is charged using a solar panel because it would provide
a simple substation of power supply for the tank-gauge.
In an analogous art, Wood teaches how to connect a solar panel to a round cylinder, using a
strap. See col. 4 lines 14-30. Therefore, it would have been obvious to have used a strap to mount the solar panel to the tank in the above modified system since using a strap provides a
secure mount for a solar panel to a cylindrical object like a fuel tank.
Claims 2-4 are rejected under 35 U.S.C. 103 as being unpatentable over Shuey (7533703) and
Middleton (2023/0034411) Tierman (5947372) and Wood (8047153) as
applied to claim 1 above, and further in view of Lease (10175088).
Regarding claim 2, In an analogous art, Lease teaches a fuel tank gauge that has a housing. See
figure 8. The gauge of Lease has a basal wall 60+66 and a perimeter wall 72. The housing of
Lease has a cylindrical shape. The housing of Lease has a peninsula 48 as set forth in claim 2.
The peninsula 49 is aligned with a top edge of the perimeter wall (figure 8). The gauge has a
lens 64 as set forth in claim 2. The gauge has a panel 62 with indicia as set forth in claim 2. The
gauge has a needle 108 pivotally attached to the peninsula and moves between "E" and "F" to
indicate the level of fuel in the tank. The gauge has a pair of mounting tabs 78 and 80 meeting
the limitations set forth in claim 2.
It would have obvious to one of ordinary skill in the art at the time of the invention to
has used the specific fuel gauge of Lease as the tank-gauge of the above Shuey-Middleton
combination because it would have been a simple substitution of gauges to perform the tank
gauge function set forth in both Shuey and Middleton.
Regarding claim 3, Shuey teaches a thermostat transceiver 106 integrated into the electronic
thermostat. Shuey teaches a processing circuit (503,504,505) integrated into the tank-gauge
and the processing circuit is tied to the level of the fuel determined in the tank. Shuey teaches a
communication unit 105 "integrated" with the tank-gauge102. Note that this limitation
"integrated into" is broad and due to it's breath is taught by Shuey, but also would have been
obvious because it has been held by the courts that to make integral is an obvious variation.
Shuey teaches the transceiver in communication with a house thermostat to broadcast the fuel
level to the thermostat, col. 2 lines 49-60.
Lease teaches the tank gauge includes a housing (figure 8) and a needle (108) disposed
in the housing to move and indicate the level of fuel. Lease also shows a circuit connection to
the needle so that the level of fuel can be communicated.
Regarding claim 4, Middleton teaches a mobile app 200 on a smart device 20 in communication
with the tank-gauge to display the fuel level to a person carrying the smart device. The transceiver on
the tank-gauge is in wireless communication with an external communication network pp27. The
transceiver of Middleton permits communication from the tank gauge to a smart device using a channel
that can be different than the channel of Shuey. For example, the communication taught in Shuey
between the tank-gauge and the thermostat can be Infrared (col. 2lines 49+) and the communication
between the tank-gauge and thermostat in Middleton can use cellular. Such a system would need two
different transceivers that would perform in the manner set forth in claim 4.
Claims 6-8 are rejected under 35 U.S.C. 103 as being unpatentable over Shuey, Middleton,
Lease, Tierman and Wood.
Regarding claim 6, Shuey teaches a thermostat 210 visible to the user to enter information for
controlling the heating or colling system in the home. See col. 4 lines 65+. Shuey also teaches a Fuel
tank gauge 102 attaches to a fuel tank (col. 3 lines 30-37) located outdoors in communication with the
thermostat (col. 2 lines 49-60) as claimed. Shuey shows the communication unit 104 that communicates
with the thermostat being integrated with the tank gauge. See also element 205 and figure 4. Shuey
teaches a thermostat transceiver 106 integrated into the electronic thermostat. Shuey teaches a
processing circuit (503,504,505) integrated into the tank-gauge and the processing circuit is tied to the
level of the fuel determined in the tank. Shuey teaches a communication unit 105 "integrated" with the
tank-gauge102. Note that this limitation "integrated into" is broad and due to it's breath is taught by
Shuey, but also would have been obvious because it has been held by the courts that to make integral is
an obvious variation. Shuey teaches the transceiver in communication with a house thermostat to
broadcast the fuel level to the thermostat, col. 2 lines 49-60. Shuey teaches a communication unit that
includes a processor 503,504,505. Shuey teaches a power supply 407.
Middleton shows a personal smart device or tablet in communication for displaying the gauge
data. See figure 4. Middleton uses Wifi, Bluetooth, Satellite, Cellular communication channels as
alternatives. See paragraph 27. Middleton teaches a mobile app 200 on a smart device 20 in
communication with the tank-gauge to display the fuel level to a person carrying the smart device. The
transceiver on the tank-gauge is in wireless communication with an external communication network
pp27. The transceiver of Middleton permits communication from the tank gauge to a smart device
using a channel that can be different than the channel of Shuey. Middleton's tank-gauge has a housing
with a perimeter wall made of elements 120, 130, 140, 150, 160. Middleton teaches a battery power
supply 190, and the battery may be rechargeable. See paragraph 23. Therefore, it would have been
obvious to one of ordinary skill in the art to include the personal communication device of Middleton in
the Shuey in order to provide enhanced monitoring for the user.
Lease teaches a fuel tank gauge that has a housing. See figure 8. The gauge of Lease has a basal
wall 60+66 and a perimeter wall 72. The housing of Lease has a cylindrical shape. The housing of Lease
has a peninsula 48 as set forth in claim 6. The peninsula 49 is aligned with a top edge of the perimeter
wall (figure 8). The gauge has a lens 64 as set forth in claim 6. The gauge has a panel 62 with indicia as
set forth in claim 2. The gauge has a needle 108 pivotally attached to the peninsula and moves between
"E" and "F" to indicate the level of fuel in the tank. The gauge has a pair of mounting tabs 78 and 80
meeting the limitations set forth in claim 6. Lease teaches the tank gauge includes a housing (figure 8)
and a needle (108) disposed in the housing to move and indicate the level of fuel. Lease also shows a
circuit connection to the needle so that the level of fuel can be communicated. It would have obvious to
one of ordinary skill in the art at the time of the invention to has used the specific fuel gauge of Lease as
the tank-gauge of the above Shuey-Middleton combination because it would have been a simple
substitution of gauges to perform the tank gauge function set forth in both Shuey and Middleton.
Tiernan teaches a tank-gauge that is powered by rechargeable solar panel. In order to operate
effectively, the examiner takes official notice that a solar panel would benefit from being mounted on
top of any element. It would have been obvious to one of ordinary skill in the art at the time of the
invention to have powered the Shuey-Middleton system using a rechargeable battery that is charged
using a solar panel because it would provide a simple substation of power supply for the tank-gauge. It
would have been obvious to one of ordinary skill in the art at the time of the invention to have powered
the Shuey-Middleton system using a rechargeable battery that is charged using a solar panel because it
would provide a simple substation of power supply for the tank-gauge.
Wood teaches how to connect a solar panel to a round cylinder, using a strap. See col. 4 lines
14-30. Therefore, it would have been obvious to have used a strap to mount the solar panel to the tank
in the above modified system since using a strap provides a secure mount for a solar panel to a
cylindrical object like a fuel tank. Therefore, it would have been obvious to have used a strap to mount
the solar panel to the tank in the above modified system since using a strap provides a secure mount for
a solar panel to a cylindrical object like a fuel tank.
Regarding claim 7, It is noted that Shuey, Middleton, Lease and Theirnan each have a fitting in fluid communication with the tank to determine and show the volume of fluid remaining. Lease shows that the fluid moves a needle to indicate the volume of fluid. Lease includes a housing with a perimeter wall. And Lease shows the needle positioned at a point inside the housing so that the needle can indicate the level of fuel in the tank.
Regarding claim 8, Lease shows a tank-gauge including an input port 1801,182,184 coupled to the processing circuit. Lease also shows the port being coupled to a rechargeable battery 180a and 182a for powering the system.
Tiernan teaches a tank-gauge that is powered by rechargeable solar panel. In order to operate
effectively, the examiner takes official notice that a solar panel would benefit from being mounted on
top of any element. It would have been obvious to one of ordinary skill in the art at the time of the
invention to have powered the Shuey-Middleton system using a rechargeable battery that is charged
using a solar panel because it would provide a simple substation of power supply for the tank-gauge.
Middleton shows a personal smart device or tablet in communication for displaying the gauge
data. See figure 4. Middleton uses Wifi, Bluetooth, Satellite, Cellular communication channels as
alternatives. See paragraph 27. Middleton teaches a mobile app 200 on a smart device 20 in
communication with the tank-gauge to display the fuel level to a person carrying the smart device. The
transceiver on the tank-gauge is in wireless communication with an external communication network
pp27. The transceiver of Middleton permits communication from the tank gauge to a smart device
using a channel that can be different than the channel of Shuey. Middleton's tank-gauge has a housing
with a perimeter wall made of elements 120, 130, 140, 150, 160. Middleton teaches a battery power
supply 190, and the battery may be rechargeable. See paragraph 23.
Therefore, it would have been obvious to one of ordinary skill in the art to include the personal communication device of Middleton in the Shuey in order to provide enhanced monitoring for the user.
Shuey teaches a thermostat 210 visible to the user to enter information for controlling the heating or colling system in the home. See col. 4 lines 65+. Shuey also teaches a Fuel tank gauge 102
attaches to a fuel tank (col. 3 lines 30-37) located outdoors in communication with the thermostat (col.
2 lines 49-60) as claimed. Shuey shows the communication unit 104 that communicates with the
thermostat being integrated with the tank gauge. See also element 205 and figure 4. Shuey teaches a
thermostat transceiver 106 integrated into the electronic thermostat. Shuey teaches a processing
circuit (503,504,505) integrated into the tank-gauge and the processing circuit is tied to the level of the
fuel determined in the tank. Shuey teaches a communication unit 105 "integrated" with the tank-
gauge102. Note that this limitation "integrated into" is broad and due to it's breath is taught by Shuey,
but also would have been obvious because it has been held by the courts that to make integral is an
obvious variation. Shuey teaches the transceiver in communication with a house thermostat to
broadcast the fuel level to the thermostat, col. 2 lines 49-60. Shuey teaches a communication unit that
includes a processor 503,504,505. Shuey teaches a power supply 407.
Response to Arguments
Applicant's arguments filed 10/17/25 have been fully considered but they are not persuasive.
First it is noted that the examiner has taken official notice in the non final rejection 8/1/25. The applicant did not rebut or question the official notice taken that notice that a solar panel would benefit from being mounted on top of any element. Note that a solar panel would not operate if it were not pointed toward the sun. Since the applicant did not rebut this taking of official notice, the examiner considers this taking of fact to be admitted prior art in view of MPEP 2144.03.C.
The applicant argues that Tiernan does not teach a tank gauge powered by a solar panel. Middleton teaches a the use of a rechargeable batter power supply to power the tank gauge. Tiernan teaches a tank-gauge that is powered by rechargeable solar panel. See col. 4 line 54+.
The light generating devices and the photoelectric sensors can be powered by the domestic electric supply (typically 115 v AC). More preferably, oil tanks typically have an associated oil pump that operates on 24 v DC. This DC power source for the pump can also be used to power these same components in the present device. Additionally, for tanks stored in a basement in which the oil burner is located, there is a 24 v DC (or other power) source for the ignition of the oil burners; this source of power can also be routed to the sensor of the present invention. It is preferred that the duty cycle of the light generating devices be kept to a minimum, especially when the present invention is powered locally by a battery, to minimize power consumption. For an outdoor, above ground tank, a solar cell can be provided to recharge the battery. Various jurisdictions, such as portions of Connecticut, now require fuel storage tanks to be housed in the interior of the dwelling, such as in the basement, to minimize environmental damage cause by release (such as leaking) of the toxic oil.
The applicant argues that Wood is related to a kayak and would not be relevant to the present invention (absent some form of teaching as to the combined claim(ed) elements). The outside tanks disclosed in the applied references are cylindrical in shape. Since Tiernan teaches using a solar panel to charge the supply of power to the gauge on the tank, mounting a solar panel on a cylinder is well within the related art in this application. Wood may be directed to a kayak, but it is NOT ONLY directed to a kayak. Wood is definitely related because it teaches how to mount a solar panel to a cylindrical object.
THIS ACTION IS MADE FINAL. 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 BRIAN A ZIMMERMAN whose telephone number is (571)272-3059. The examiner can normally be reached m,t,tr 6-4; w,f 6-noon.
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/BRIAN A ZIMMERMAN/Supervisory Patent Examiner, Art Unit 2686