DETAILED ACTION
The present application, filed on 05/14/2024, is being examined under the first inventor to file provisions of the AIA .
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 10/28/2025 has been entered.
Claims 1, 3-4, 6, 9-15, 17-18, and 20-21 are pending and have been considered below.
Priority
The application claims foreign priority to SE 2151436-9, filed on 11/25/2021, and is a 371 of PCT/SE2022/051086, filed on 11/22/2022. The priority is acknowledged.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 05/14/2024, and 01/28/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the examiner.
Response to Arguments
Applicant's amendments and arguments filed 10/28/2025 have been fully considered but they are not persuasive.
Applicant argues on page 3 that in Zhang, the sleeve “does not extend from the carriage (6) toward the bolt head (2)”. However, this language is not reflected in the claim.
Applicant next argues on page 4 that in Heatwole, “the recess is on the opposite end of the washer (64) used to compress the spring”. However, again this language is not reflected in the claim. The language that is in the claim states, “the distance element is provided with a circumferential recess concentrically with the longitudinal axis, the circumferential recess being arranged on an end of the distance element opposite the second band end for receiving an end of the compression spring to thereby position the compression spring in a position along the longitudinal axis in relation to the second band end”. Heatwole teaches a distance element {64} is provided with a circumferential recess {66} concentrically with the longitudinal axis {Col. 3, lines 13-21: “A helical compression spring 60 is received by the bore 40 and is concentric with the bolt 50… A washer 64 is received by the bolt 50 and has a circumferential recess or shoulder 66 which receives an upper edge 68 of the compression spring 60”, also see Figs. 4-5}, the circumferential recess {66} being arranged on an end of the distance element {64} for receiving an end of the compression spring {60} to thereby position the compression spring {60} in a position along the longitudinal axis {vertical axis along bolt 50 (Figs. 2-5)}. Therefore, Examiner maintains that in light of these teachings, it would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the claimed invention to have modified the vehicle, as disclosed by Zhang, such that the distance element is provided with a circumferential recess concentrically with the longitudinal axis, the circumferential recess being arranged on an end of the distance element opposite the second band end for receiving an end of the compression spring to thereby position the compression spring in a position along the longitudinal axis in relation to the second band end, as taught by Heatwole, in order “to position the compression spring 60 relative to the bolt 50” {Col. 3, lines 20-21}.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation is: "tightening member" in claims 1 and 14; because A) the word “member” is used as a generic placeholder for “means”, since “device” is a non-structural term having no specific structural meaning, B) the generic placeholder is modified by functional language (“tightening”), C) the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function. Therefore, the phrase will be interpreted under 35 U.S.C. 112(f).
Because this claim limitation is being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it is being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. The “tightening member” refers to different parts in different dependent claims:
1) “According to some embodiments, the tightening member may comprise the elongated element and the tightening member may be threadedly connected at the first band end. In such embodiments, the elongated element may be a screw extending along the longitudinal axis” {Pg. 5, lines 32-36}, as used in claims 3 and 17, and
2) “Alternatively, according to some embodiments, the tightening member may be threadedly engaged with the elongated element. In such embodiments, the tightening member may be a nut configured to be threaded onto the elongated element, at an end portion thereof opposite to first the band end” {Pg. 6, lines 2-6}, as used in claims 4 and 18.
Therefore, the “tightening member” of claims 1 and 14 will be interpreted as a “screw” or a “nut”.
If applicant does not intend to have this limitation interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation to avoid it being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation recites sufficient structure to perform the claimed function so as to avoid it being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Claims 1, 3-4, 6, 10-11, 13-14, 17-18, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang (CN 103158535), as cited by Applicant, in view of Heatwole (US 5,320,593).
Regarding claim 1, Zhang discloses a fastening device {Figs. 1-6; “gas cylinder fixing device” [0007]} configured for fastening a container to a vehicle {“On-board hydrogen cylinders for fuel cell cars are generally arranged under the passenger compartment of the car, and are fixed horizontally on the car with a steel strap and rubber liner” [0005]}, the fastening device comprising: a band arrangement {1, 6} being configured for extending at least partially around the container {“gas cylinder” [0008]}, the band arrangement {1, 6} comprising a first band end {5, 6} and a second band end {1, 11}; a compression spring {3}; an abutment {below the head of 2 (Figs. 1-2)} for the compression spring {3}; a tightening member {2 (under a first interpretation the tightening member comprises the elongated element 2); or 5 (under a second interpretation the tightening member comprises nut 5); different interpretations will read on different dependent claims}; and an elongated element {2} having a longitudinal extension along a longitudinal axis {Figs. 1-6}, the elongated element {2} being connected to the first band end {5, 6 (Fig. 5)} and extending towards and beyond the second band end {1, 11 (Fig. 6)}, wherein the abutment {below the head of 2} and the compression spring {3} are arranged on the elongated element {2}, wherein the compression spring {3} is arranged between the second band end {1, 11} and the abutment {below the head of 2}, wherein the second band end {1, 11} is arranged between the first band end {6} and the compression spring {3}, wherein the first band end {5, 6}, the second band end {1, 11}, the compression spring {3}, and the abutment {below the head of 2} are arranged along the longitudinal axis {Figs. 1-6}, wherein the abutment {below the head of 2} is displaceable by the tightening member {2; 5} along the longitudinal axis {by threading: “let the bolt 2 pass through the bolt hole on the cylinder holder 6 and fasten with the nut 5. During the initial installation, tighten the bolt until the bottom end of the sleeve does not touch the gas cylinder bracket, and the spring is in a tightened state; after one end of time, the rubber gasket is aged and the gas band and the gas cylinder bracket There will be loosening. At this time, the spring in the automatic tightening force compensation device generates tension” [0027]} in a direction towards the first band end {5, 6 (Fig. 6)} to compress the compression spring {3}, and wherein the second band end {1, 11} is provided with an opening extending along the longitudinal axis {Figs. 1-6}, wherein the elongated element {2} extends through the opening {Figs. 1-6}; a sleeve {4} arranged concentrically around part of the elongated element {2}, wherein the sleeve {4} has a shorter length along the longitudinal axis {Figs. 1-6} than the elongated element {2}; and a distance element {7} arranged between the second band end {1, 11} and the compression spring {3 (Fig. 3)}, wherein the distance element {7} has a length for positioning the compression spring {3} at a selected distance along the elongated element {2} from the second band end {1, 11}, wherein the distance element {7} is provided with a through hole {“A gasket 7 with a through hole is provided above the bolt hole…and the spring 3 is placed above the gasket” [0026]} arranged along the longitudinal axis {Figs. 1-6}, and wherein the elongated element {2} extends through the through hole {“the sleeve 4 can pass through the through hole of the gasket 7” [0026]} in the distance element {7}, wherein the sleeve {4} comprises a stop surface {lower surface of 4 (Figs. 3-4)} located at an axial end of the sleeve {4} opposite the first band end {5, 6}, wherein the sleeve {4} extends from the first band end {5, 6}, through the opening of the second band end {1, 11}, and through the hole of the distance element {7}, and wherein the stop surface {lower surface of 4 (Figs. 3-4)} and the length of the sleeve {4} are configured for preventing further displacement of the abutment {below the head of 2} toward the first band end {5, 6} when the abutment {below the head of 2} reaches the stop surface at a predetermined distance {when the lower surface of 4 reaches 5, 6 (a shown in Fig. 3)} as defined by the length of the sleeve {4}.
Zhang further discloses the distance element {7} is arranged for receiving an end of the compression spring {3} to thereby position the compression spring {3} in a position along the longitudinal axis {vertical axis of 2 (Figs. 1-6)} in relation to the second band end {1, 11}.
However, Zhang does not explicitly disclose the distance element is provided with a circumferential recess concentrically with the longitudinal axis, the circumferential recess being arranged on an end of the distance element opposite the second band end for receiving an end of the compression spring to thereby position the compression spring in a position along the longitudinal axis in relation to the second band end.
Heatwole teaches a distance element {64} is provided with a circumferential recess {66} concentrically with the longitudinal axis {Col. 3, lines 13-21: “A helical compression spring 60 is received by the bore 40 and is concentric with the bolt 50… A washer 64 is received by the bolt 50 and has a circumferential recess or shoulder 66 which receives an upper edge 68 of the compression spring 60”, also see Figs. 4-5}, the circumferential recess {66} being arranged on an end of the distance element {64} for receiving an end of the compression spring {60} to thereby position the compression spring {60} in a position along the longitudinal axis {vertical axis along bolt 50 (Figs. 2-5)}.
In light of these teachings, it would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the claimed invention to have modified the vehicle, as disclosed by Zhang, such that the distance element is provided with a circumferential recess concentrically with the longitudinal axis, the circumferential recess being arranged on an end of the distance element opposite the second band end for receiving an end of the compression spring to thereby position the compression spring in a position along the longitudinal axis in relation to the second band end, as taught by Heatwole, in order “to position the compression spring 60 relative to the bolt 50” {Col. 3, lines 20-21}.
Regarding claim 3, Zhang discloses the tightening member {2} comprises the elongated element {2}, and wherein the tightening member {2} is threadedly connected {to 5 [0027]} at the first band end {5, 6}.
Regarding claim 4, Zhang discloses the tightening member {5} is threadedly engaged with the elongated element {2}.
Regarding claim 6, Zhang discloses the elongated element {2} comprises a diameter difference portion {4: “the sleeve 4 is sleeved on the bolt 2, and the bottom end of the sleeve 4 is tightened” [0023]}, and wherein the diameter difference portion {4} comprises the stop surface {lower surface of 4}.
Regarding claim 10, Zhang and Heatwole disclose all the aspects of claim 1. However, Zhang does not explicitly disclose a washer arranged concentrically with the longitudinal axis, wherein the washer comprises the abutment.
Heatwole teaches a washer {64} arranged concentrically with the longitudinal axis {along bolt 50}, wherein the washer {64} comprises a spring abutment {Col. 3, lines 13-21: “A helical compression spring 60 is received by the bore 40 and is concentric with the bolt 50… A washer 64 is received by the bolt 50 and has a circumferential recess or shoulder 66 which receives an upper edge 68 of the compression spring 60 to position the compression spring 60 relative to the bolt 50”}.
In light of these teachings, it would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the claimed invention to have modified the vehicle, as disclosed by Zhang and Heatwole, such that a washer is arranged concentrically with the longitudinal axis, wherein the washer comprises the abutment, as taught by Heatwole, in order “to position the compression spring 60 relative to the bolt 50” {Col. 3, lines 20-21}. It would be obvious to one of ordinary skill in the art to place a washer, as taught by Heatwole, in between the spring and abutment of Zhang; such that the abutment of Zhang no longer abuts the spring, but abuts the washer.
Regarding claim 11, Zhang and Heatwole disclose all the aspects of claim 10. However, Zhang does not explicitly disclose the abutment is provided at a circumferential recess of the washer, the circumferential recess of the washer being arranged for receiving an end of the compression spring.
Heatwole teaches a spring abutment {66 (Fig. 1)} is provided at a circumferential recess {66} of the washer {64}, the circumferential recess {66} of the washer {64} being arranged for receiving an end of the compression spring {60; Col. 3, lines 17-21: “A washer 64 is received by the bolt 50 and has a circumferential recess or shoulder 66 which receives an upper edge 68 of the compression spring 60 to position the compression spring 60 relative to the bolt 50”}.
In light of these teachings, it would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the claimed invention to have modified the vehicle, as disclosed by Zhang and Heatwole, such that the abutment is provided at a circumferential recess of the washer, the circumferential recess of the washer being arranged for receiving an end of the compression spring, as taught by Heatwole, in order “to position the compression spring 60 relative to the bolt 50” {Col. 3, lines 20-21}.
Regarding claim 13, Zhang discloses the tightening member {2} comprises the abutment {below the head of 2}.
Regarding claim 14, Zhang discloses a vehicle comprising a fastening device {Figs. 1-6; “gas cylinder fixing device” [0007]} configured for fastening a container to the vehicle {“On-board hydrogen cylinders for fuel cell cars are generally arranged under the passenger compartment of the car, and are fixed horizontally on the car with a steel strap and rubber liner” [0005]}, the fastening device comprising: a band arrangement {1, 6} being configured for extending at least partially around the container {“gas cylinder” [0008]}, the band arrangement {1, 6} comprising a first band end {5, 6} and a second band end {1, 11}; a compression spring {3}; an abutment {below the head of 2 (Figs. 1-2)} for the compression spring {3}; a tightening member {2 (under a first interpretation the tightening member comprises the elongated element); or 5 (under a second interpretation the tightening member comprises nut 5); different interpretations will read on different dependent claims}; and an elongated element {2} having a longitudinal extension along a longitudinal axis {Figs. 1-6}, the elongated element {2} being connected to the first band end {5, 6 (Fig. 5)} and extending towards and beyond the second band end {1, 11 (Fig. 6)}, wherein the abutment {below the head of 2} and compression spring {3} are arranged on the elongated element {2}, wherein the compression spring {3} is arranged between the second band end {1, 11} and the abutment {below the head of 2}, wherein the second band end {1, 11} is arranged between the first band end {5, 6} and the compression spring {3}, wherein the first band end {5, 6}, the second band end {1, 11}, the compression spring {3}, and the abutment {below the head of 2} are arranged along the longitudinal axis {Figs. 1-6}, wherein the abutment {below the head of 2} is displaceable by the tightening member {2; 5} along the longitudinal axis {by threading: “let the bolt 2 pass through the bolt hole on the cylinder holder 6 and fasten with the nut 5. During the initial installation, tighten the bolt until the bottom end of the sleeve does not touch the gas cylinder bracket, and the spring is in a tightened state; after one end of time, the rubber gasket is aged and the gas band and the gas cylinder bracket There will be loosening. At this time, the spring in the automatic tightening force compensation device generates tension” [0027]} in a direction towards the first band end {5, 6 (Fig. 6)} to compress the compression spring {3}, and wherein the second band end {1, 11} is provided with an opening extending along the longitudinal axis {Figs. 1-6}, wherein the elongated element {2} extends through the opening {Figs. 1-6}; a sleeve {4} arranged concentrically around part of the elongated element {2}, wherein the sleeve {4} has a shorter length along the longitudinal axis {Figs. 1-6} than the elongated element {2}; and a distance element {7} arranged between the second band end {1, 11} and the compression spring {3 (Fig. 3)}, wherein the distance element {7} has a length for positioning the compression spring {3} at a selected distance along the elongated element {2} from the second band end {1, 11}, wherein the distance element {7} is provided with a through hole {“A gasket 7 with a through hole is provided above the bolt hole…and the spring 3 is placed above the gasket” [0026]} arranged along the longitudinal axis {Figs. 1-6}, and wherein the elongated element {2} extends through the through hole {“the sleeve 4 can pass through the through hole of the gasket 7” [0026]} in the distance element {7}, wherein the sleeve {4} comprises a stop surface {lower surface of 4 (Figs. 3-4)} located at an axial end of the sleeve {4} opposite the first band end {5, 6}, wherein the sleeve {4} extends from the first band end {5, 6}, through the opening of the second band end {1, 11}, and through the hole of the distance element {7}, and wherein the stop surface {lower surface of 4 (Figs. 3-4)} and the length of the sleeve {4} are configured for preventing further displacement of the abutment {below the head of 2} toward the first band end {5, 6} when the abutment {below the head of 2} reaches the stop surface at a predetermined distance {when the lower surface of 4 reaches 5, 6 (a shown in Fig. 3)} as defined by the length of the sleeve {4}.
Zhang further discloses the distance element {7} is arranged for receiving an end of the compression spring {3} to thereby position the compression spring {3} in a position along the longitudinal axis {vertical axis of 2 (Figs. 1-6)} in relation to the second band end {1, 11}.
However, Zhang does not explicitly disclose the distance element is provided with a circumferential recess concentrically with the longitudinal axis, the circumferential recess being arranged on an end of the distance element opposite the second band end for receiving an end of the compression spring to thereby position the compression spring in a position along the longitudinal axis in relation to the second band end.
Heatwole teaches a distance element {64} is provided with a circumferential recess {66} concentrically with the longitudinal axis {Col. 3, lines 13-21: “A helical compression spring 60 is received by the bore 40 and is concentric with the bolt 50… A washer 64 is received by the bolt 50 and has a circumferential recess or shoulder 66 which receives an upper edge 68 of the compression spring 60”, also see Figs. 4-5}, the circumferential recess {66} being arranged on an end of the distance element {64} for receiving an end of the compression spring {60} to thereby position the compression spring {60} in a position along the longitudinal axis {vertical axis along bolt 50 (Figs. 2-5)}.
In light of these teachings, it would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the claimed invention to have modified the vehicle, as disclosed by Zhang, such that the distance element is provided with a circumferential recess concentrically with the longitudinal axis, the circumferential recess being arranged on an end of the distance element opposite the second band end for receiving an end of the compression spring to thereby position the compression spring in a position along the longitudinal axis in relation to the second band end, as taught by Heatwole, in order “to position the compression spring 60 relative to the bolt 50” {Col. 3, lines 20-21}.
Regarding claim 17, Zhang discloses the tightening member {2} comprises the elongated element {2}, and wherein the tightening member {2} is threadedly connected {to 5 [0027]} at the first band end {5, 6}.
Regarding claim 18, Zhang discloses the tightening member {5} is threadedly engaged with the elongated element {2}.
Regarding claim 20, Zhang discloses the elongated element {2} comprises a diameter difference portion {4: “the sleeve 4 is sleeved on the bolt 2, and the bottom end of the sleeve 4 is tightened” [0023]}, and wherein the diameter difference portion {4} comprises the stop surface {lower surface of 4}.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Zhang and Heatwole as applied to claim 11 above, and further in view of Berglar (DE 4203367).
Regarding claim 12, Zhang and Heatwole disclose all the aspects of claim 12. However, Zhang and Heatwole do not explicitly disclose the washer is provided with a further circumferential recess concentrically with the longitudinal axis, the further circumferential recess of the washer being arranged for receiving an end of the sleeve.
Berglar teaches {Fig. 3} a washer {7} is provided with a first outer circumferential recess {10} for a spring {9}, and a further second inner circumferential recess {12} concentrically with the longitudinal axis {vertical line down the center of the springs (Fig. 3)}, the further circumferential recess {12} of the washer {7} being arranged for receiving an end of a second interior member {11 (Fig. 3)}.
In light of these teachings, it would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the claimed invention to have modified the vehicle, as disclosed by Zhang and Heatwole, such that the washer is provided with a further circumferential recess concentrically with the longitudinal axis, the further circumferential recess of the washer being arranged for receiving an end of the sleeve, as taught by Berglar, because “It is advantageous if the restoring force is generated by a helical compression spring and if the cylinder has a circumferential recess on the side facing away from the piston to guide the helical compression spring. Such helical compression springs require little space for a given restoring force. By guiding the helical compression spring in the manner described, slipping of the helical compression springs relative to the cylinder is reliably prevented” [0012].
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Zhang and Heatwole as applied to claim 14 above, and further in view of Sirosh (US 2015/0096977).
Regarding claim 15, Zhang and Heatwole disclose all the aspects of claim 14. Zhang further discloses a container {“gas cylinder” [0008]} fastened to a chassis of the vehicle {“On-board hydrogen cylinders for fuel cell cars are generally arranged under the passenger compartment of the car, and are fixed horizontally on the car with a steel strap and rubber liner. This fixing method is widely used in fuel cell cars for the World Expo because the rubber shock absorption function effectively avoids the shock to the hydrogen bottle” [0005]} by the fastening device {“gas cylinder fixing device” [0008]}, wherein the container {“gas cylinder” [0008]} is a gas tank configured for receiving and accommodating gas {“gas” [0008]}.
However, Zhang does not explicitly disclose the container is a gas tank configured for receiving and accommodating compressed gas.
Sirosh teaches the container is a gas tank configured for receiving and accommodating compressed gas {“Cylindrical fuel tanks, such as compressed natural gas and compressed hydrogen gas tanks, are typically secured to the vehicle structure using hoop brackets” [0004]}.
In light of these teachings, it would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the claimed invention to have modified the vehicle, as disclosed by Zhang and Heatwole, such that the gas tank is configured for receiving and accommodating compressed gas, as taught by Sirosh, in order to provide a standard vehicle “fuel tank” [0004] that is “cost effective” [0008].
Allowable Subject Matter
Claim 9 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 9, none of the prior art of record, either alone or in obvious combination, disclose the fastening device according to claim 1, wherein the distance element is provided with a funnel-shaped recess at the through hole.
Claim 21 is allowed.
The following is an examiner’s statement of reasons for allowance:
Regarding claim 21, none of the prior art, either alone or in obvious combination, discloses a fastening device configured for fastening a container to a vehicle, the fastening device comprising: a band arrangement being configured for extending at least partially around the container, the band arrangement comprising a first band end and a second band end; a compression spring; an abutment for the compression spring; a tightening member; an elongated element having a longitudinal extension along a longitudinal axis, the elongated element being connected to the first band end and extending towards and beyond the second band end, wherein the abutment is arranged on the elongated element, wherein the first band end, the second band end, the compression spring, and the abutment are arranged along the longitudinal axis, wherein the compression spring is arranged between the second band end and the abutment, wherein the second band end is arranged between the first band end and the compression spring, wherein the abutment is displaceable by the tightening member along the longitudinal axis in a direction towards the first band end to compress the compression spring, and wherein the second band end is provided with an opening extending along the longitudinal axis, wherein the elongated element extends through the opening; a stop surface configured for preventing further displacement of the abutment when the abutment reaches a predetermined distance from the first band end; and a distance element arranged between the second band end and the compression spring, wherein the distance element is provided with a through hole arranged along the longitudinal axis, and wherein the elongated element extends through the through hole, wherein the distance element is provided with a funnel-shaped recess at the through hole (emphasis added).
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
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/Daniel M. Keck/Patent Examiner, Art Unit 3614