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 .
Claim Rejections - 35 USC § 102
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) 1-12 and 19-20 is/are rejected under 35 U.S.C. 102a1 as being anticipated by U.S. Patent No. 1,808,801 to Weil (“Weil”).
This figure, now referred to as Weil annotated Fig. 4, used for the rejection of claims 1-12 and 19-20 has been replicated below, and the Examiner has added reference points for ease of explanation, and said reference points will be used for the rejection of claims 1-12 and 19-20 below.
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As to claim 1, Weil teaches a flame mitigation device, comprising: a rigid portion (filling spout 15) comprising a hollow body and a flange (flange 16) at least partially surrounding an opening in the hollow body (Weil, pg. 1, lines 56-62); and a flexible portion (tube 36) composed of a sheet of permeable material (Weil, pg. 2, lines 1-10) extending from the hollow body, wherein the sheet of permeable material defines an interior volume between a first end (Weil Fig. 4 shows the top end of the tube 36 at the lower neck 14) and a second end (Weil Fig. 1 shows the second end at the closure 37), wherein the first end has an opening in fluid communication with the hollow body (Weil, pg. 2, lines 1-5), and wherein the second end is sealed (Weil, pg. 2, lines 1-5).
As to claim 2, Weil teaches the flame mitigation device of claim 1, wherein the sheet of permeable material comprises a plurality of openings (Weil Fig. 4 shows the tube 36 with a plurality of openings, Weil, pg. 2, lines 1-10).
As to claim 3, Weil teaches the flame mitigation device of claim 2, wherein the plurality of openings are sized to prevent the passage of a flame through the sheet of permeable material while allowing for a fluid to flow through the sheet of permeable material (Weil, pg. 2, lines 26-32).
As to claim 4, Weil teaches the flame mitigation device of claim 2, wherein the rigid portion further comprises one or more barbs (barb, Weil annotated Fig. 4) extending from a sidewall of the hollow body, and wherein the one or more barbs are engaged with one or more openings from the plurality of openings (Weil, pg. 2, lines 1-2).
As to claim 5, Weil teaches the flame mitigation device of claim 2, wherein the rigid portion further comprises one or more retention members (rivets, Weil, pg. 2, lines 1-2) extending from a sidewall of the hollow body.
As to claim 6, Weil teaches the flame mitigation device of claim 5, wherein the one or more retention members are cantilevered (Weil Fig. 4 shows the rivets are cantilevered from the filling spout 15) or sloped away from the side wall of the hollow body.
As to claim 7, Weil teaches the flame mitigation device of claim 5, wherein the flange (flange 16) is positioned at a first end of the hollow body, and wherein the one or more retention members are spaced away from the flange along the sidewall (Weil Fig. 4 shows the rivets are spaced away from the flange 16 along the sidewall of the filling spout 15).
As to claim 8, Weil teaches the flame mitigation device of claim 1, wherein an outer periphery of the flange is greater than an outer periphery of the hollow body (Weil Fig. 4 shows the outer periphery of the flange 16 is greater than an outer periphery of the filling spout 15).
As to claim 9, Weil teaches the flame mitigation device of claim 1, wherein the hollow body has a substantially cylindrical shape (Weil Fig. 4 shows the filling spout 15 has a substantially cylindrical shape), and wherein the flange in annular (Weil Fig. 4 shows the flange 16 is annular).
As to claim 10, Weil teaches the flame mitigation device of claim 9, wherein an outer diameter of the flange is greater than an outer diameter of the hollow body (Weil Fig. 4 shows the outer diameter of the flange 16 is greater than an outer diameter of the filling spout 15).
As to claim 11, Weil teaches the flame mitigation device of claim 1, wherein the flexible portion is a tubular, hollow structure (Weil Fig. 4 shows the tube 36 is a tubular, hollow structure).
As to claim 12, Weil teaches the flame mitigation device of claim 1, wherein the hollow body extends into the opening at the first end of the flexible portion (Weil Fig. 4 shows the body of the filling spout 15 extends into the top opening of the tube 36).
As to claim 19, Weil teaches a method of manufacturing a container assembly, the method comprising: providing a flame mitigation device comprising a flexible portion (tube 36) fixed to a rigid portion (filling spout 15), wherein the flexible portion is composed of permeable material (Weil, pg. 2, lines 1-5), and wherein the rigid portion comprises a hollow body (Weil Fig. 4 shows the filling spout 15 has a hollow body); inserting the flame mitigation device into an opening of a fuel container (Weil, pg. 1, lines 54-68); and bonding the flame mitigation device to the fuel container (Weil, pg. 1, lines 54-68).
As to claim 20, Weil teaches the method of claim 19, wherein inserting the flame mitigation device into the opening comprises positioning the flexible portion into an interior of the fuel container (Weil, pg. 2, lines 1-10) and seating the rigid portion within a neck of the fuel container that defines the opening (Weil, pg. 1, lines 54-68).
Claim(s) 13-15 and 17-18 is/are rejected under 35 U.S.C. 102a1 as being anticipated by U.S. Patent No. 2,379,735 to Meikle (“Meikle”).
As to claim 13, Meikle teaches a container assembly, comprising: a fuel container that includes one or more walls that define a hollow tank body (gasoline tank 10) and a neck (filler pipe 9), wherein the neck defines an opening (pipe opening 15); and a flame mitigation device that comprises: a rigid portion (lower portion 16) positioned within the neck, wherein a flange (shoulder 23) of the rigid portion abuts an outer portion of the neck (Meikle Fig. 1 shows the shoulder 23 abutting an outer portion of the filler pipe 9) or an inner surface of the neck; and a flexible portion (tubing 1) composed of a sheet of permeable material extending from the rigid portion into an interior of the hollow tank body (Meikle Fig. 1 shows the tubing 1 extending from the lower portion 16 into an interior of the tank 10).
As to claim 14, Meikle teaches the container assembly of claim 13, wherein the opening provides fluid communication between the interior of the hollow tank body and an environment surrounding the hollow tank body (Meikle Fig. 1 shows the opening 15 in fluid communication between the tank 10 and the surrounding environment).
As to claim 15, Meikle teaches the container assembly of claim 14, wherein the flange abuts the outer portion of the neck (Meikle Fig. 1 shows the shoulder 23 abutting an outer portion of the filler pipe 9).
As to claim 17, Meikle teaches the container assembly of claim 14, wherein the rigid portion comprises a hollow body that is positioned within the neck (Meikle Fig. 1 shows the lower portion 16 is positioned within the filler pipe 9) and comprises an opening (filler opening 27) in fluid communication with the opening defined by the neck.
As to claim 18, Meikle teaches the container assembly of claim 17, wherein the rigid portion further comprises one or more retention members (screws 18 and 18’) extending from a sidewall of the hollow body towards an inner sidewall of the neck (Meikle Fig. 2 shows the screws 18 and 18’ extending from the lower portion 16 toward an inner sidewall of the filler pipe 9).
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.
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Meikle in view of U.S. Patent No. 1,553,395 to Ressler et al. (“Ressler”).
As to claim 16, Meikle teaches the container assembly of claim 14, but does not teach wherein the flange abuts the inner surface of the neck, and wherein the inner surface is a ledge that project from a sidewall of the neck.
Ressler teaches wherein the flange abuts the inner surface of the neck (Ressler Fig. 1 shows the flange of cylinders 36 and 37 rests on the ledge 8, Ressler, pg. 2, lines 80-95), and wherein the inner surface is a ledge (ledge 8) that project from a sidewall (wall 10) of the neck (body 4).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add the ledge of Ressler with the container assembly as taught by Meikle to improve the safety of the container (Ressler, pg. 1, lines 1-10).
Conclusion
Applicant is duly reminded that a complete response must satisfy the requirements of 37 C.F. R. 1.111, including: “The reply must present arguments pointing out the specific distinctions believed to render the claims, including any newly presented claims, patentable over any applied references. A general allegation that the claims “define a patentable invention” without specifically pointing out how the language of the claims patentably distinguishes them from the references does not comply with the requirements of this section. Moreover, “The prompt development of a clear Issue requires that the replies of the applicant meet the objections to and rejections of the claims.” Applicant should also specifically point out the support for any amendments made to the disclosure. See MPEP 2163.06 and MPEP 714.02. The ''disclosure'' includes the claims, the specification and the drawings.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. PGPUB 2016/0361581 A1 to Riordan discloses a flame arrester that is generally cylindrical and is inserted into the neck of a fuel container.
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/M.L.P/Examiner, Art Unit 3733
/JEFFREY R ALLEN/Primary Examiner, Art Unit 3733