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 .
Election/Restrictions
Claim 15 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on December 4, 2025.
Claim Objections
Claim 4 is objected to because of the following informalities:
At claim 4, line 1: “a bur receiver” should read “a burr receiver”;
At claim 4, line 2: “accommodate burr generated” should read “accommodate a burr generated”.
Appropriate correction is required.
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.
Claims 1-14 and 16 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Claim 1 recites “an opening portion formed at least one of one side and the other side” in lines 2-3. It is unclear what is meant by “formed at least one of.” Further, the limitation “the other side” lacks antecedent basis in the claim. For purposes of examination, this limitation will be interpreted as “an opening portion formed in at least one side.”
Claim 3 recites “the first and second connectors include at least one material of metal and aluminum” in lines 3-4. It is unclear whether this requires the first and second connectors each include at least one of metal and aluminum, or whether one of the first and second connectors includes metal or aluminum. Further, a broad limitation together with a narrow limitation that falls within the broad limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 3 recites the broad recitation “metal”, and the claim also recites “aluminum” which is the narrower statement of the limitation. For purposes of examination, this limitation will be interpreted as “the first and second connectors each include metal,” which appears to be consistent with the specification (see e.g., para. [040]).
Claim 7 recites “the second connector…is in close contact with the first connection region” in lines 1-2. It is unclear what is meant by “close contact.” Are they in contact, or are they close? It is further unclear how the second connector could be fastened to the second connection region and be in contact with the first connection region. All of Applicant’s figures show the holder (element 300) is interposed between the second connector (element 220) and the first connection region (element 211; see Figs. 2-3). For purposes of examination, this limitation will be interpreted as “the second connector…is in contact with the holder,” which appears to be consistent with the specification (see para. [044]).
Claim 12 recites “a reinforcing layer arranged to surround at least one region of the storage container and the first and second connectors to reinforce strength” in lines 2-3. It is unclear whether the “at least one region” refers to one of the storage container, the first connector, and the second connector, or whether it is “at least one region of the storage container,” and also covers the first and second connectors. The figures do not identify the “at least one region,” and do not appear to show the reinforcing layer surrounding the first and second connectors (see Figs. 1, 5).
Claim 16 recites “An assembly of a vehicle fluid storage device, the assembly comprising: a plurality of the vehicle fluid storage devices” in lines 1-2. There is insufficient antecedent basis for “the vehicle fluid storage devices,” because the prior recitation only states “a vehicle fluid storage device.” For purposes of examination, this limitation will be interpreted as “An assembly, the assembly comprising: a plurality of vehicle fluid storage devices.”
Claim 16 recites “a connection section configured to connect the fluid storage devices” in line 3. There is insufficient antecedent basis for this limitation in the claim. It is unclear whether this is referring to the “vehicle fluid storage devices” recited in lines 1 and 2, or something else. For purposes of examination, this limitation will be interpreted as “a connection section configured to connect the vehicle fluid storage devices.”
Claim 16 recites “an opening portion formed at least one of one side and the other side” in lines 6-7. It is unclear what is meant by “formed at least one of.” Further, the limitation “the other side” lacks antecedent basis in the claim. For purposes of examination, this limitation will be interpreted as “an opening portion formed in at least one side.”
Claims 2-14 are also rejected through their dependence on a rejected parent claim (details above).
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 13, and 14 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by WO-2022/245008 to Lim et al. (hereinafter, “Lim”).
Regarding claim 1, Lim discloses a vehicle fluid storage device (Fig. 1) comprising: a storage container (second liner 30, Figs. 1-2) having a fluid storage space (storage space 31, Fig. 2) formed inside (see Figs. 1-2) and an opening portion (open portion of second liner 30, see Fig. 2) formed at least one of one side and the other side (top side in Figs. 1-2); a first connector (boss 10, Figs. 1-2) including a first connection region (flange 12, Fig. 2) arranged adjacent to the opening portion (see Fig. 2) on the inside of the storage container (see Figs. 1-2) and a second connection region (nozzle head 11, Fig. 2) extending from the first connection region (flange 12) so as to be connectable to an external device (nozzle head 11 is capable of being connectable to an external device); and a holder (first liner 20, Figs. 1-2) connected to the first connection region (flange 12, see Fig. 2) between the storage container (second liner 30) and the first connection region (flange 12) and coupled to the storage container (second liner 30) by welding (p. 4, ll. 18-19 of attached translation).
Regarding claim 13, Lim further discloses the storage container (second liner 30) is formed by blow molding (p. 4, ll. 28-31; see also MPEP 2113).
Regarding claim 14, Lim further discloses the welding (p. 4, ll. 18-31) includes at least one of spin welding and laser welding (see p. 4, ll. 18-31; see also MPEP 2113).
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 2, 3, 7, 8, and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Lim as applied to claim 1 above and in further view of KR-20220160149 to Lim et al. (hereinafter, “Lim ‘149”).
Regarding claim 2, Lim does not expressly disclose a second connector connected to the first connector so as to surround at least a portion of the first connector.
Lim ‘149 teaches a similar vehicle fluid storage device (see Fig. 1) comprising a storage container (liner 10, Figs. 1-2) with a fluid storage space formed therein (see Fig. 1). Lim ‘149 teaches a first connector (first boss 21, Fig. 2) including a first connection region (flange 213, Fig. 2) and a second connection region (cylindrical portion 212, Fig. 2). Lim ‘149 teaches a second connector (second boss 22, Fig. 2) connected to the first connector (first boss 21) so as to surround at least a portion of the first connector (see Fig. 2). Lim ‘149 teaches the first and second connectors (first and second bosses 21, 22) are both formed from a metal material (para. [0048] of attached translation). Lim ‘149 teaches that the second connector (second boss 22) is fastened to the second connection region (cylindrical portion 212) and is in close contact with an end portion of the storage container (see Fig. 2). Lim ‘149 further teaches a leak-preventing section configured to maintain airtightness between the first and second connectors (section including surfaces 11a, 211a, Figs. 2-3; para. [0088]). Lim ‘149 further teaches that this two connector arrangement forms a double coupling structure that increases the bonding force between the storage container and the connectors (para. [0049]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the vehicle fluid storage device of Lim to add the second connector structure of Lim ‘149 to surround a portion of the first connector for the purpose of increasing the bonding force between the connectors and the storage container, as recognized by Lim ‘149 (see e.g., para. [0049]).
Regarding claim 3, Lim further discloses the storage container (second liner 30) and the holder (first liner 20) include a plastic material (p. 3, ll. 42-43; p. 4, ll. 26-27), the first connector includes at least one material of metal and aluminum (p. 3, ll. 35-36), and the first connection region (flange 12) and the holder (first liner 20) are connected by insert injection (p. 4, ll. 1-2).
Lim as modified by Lim ‘149 already includes the second connector (Lim ‘149, second boss 22) includes at least one material of metal and aluminum (Lim ‘149, p. 5, ll. 10-11).
Regarding claim 7, Lim as modified by Lim ‘149 already includes the second connector (Lim ‘149, second boss 22) is fastened to the second connection region (Lim, nozzle head 11; Lim ‘149, cylindrical portion 212) and is in close contact with the holder (Lim, see Fig. 2) and an end portion of the storage container (Lim, Fig. 2; Lim ‘149, Fig. 2).
Regarding claim 8, Lim as modified by Lim ‘149 already includes a leak-preventing section (Lim ‘149, section including surfaces 11a, 211a, Figs. 2-3) configured to maintain airtightness between the first and second connectors (Lim ‘149, para. [0088]).
Regarding claim 12, Lim as modified by Lim ‘149 already includes a reinforcing layer (Lim, shell 40, Fig. 1) arranged to surround at least one region (Lim, see Figs. 1-2) of the storage container (Lim, second liner 30) and the first and second connectors (Lim, boss 10; Lim ‘149, first and second bosses 21 and 22) to reinforce strength (Lim, p. 4, ll. 35-43), and the reinforcing layer (Lim, shell 40) includes at least one of a carbon fiber composite material and a glass fiber composite material (Lim, p. 4, ll. 35-43).
Claims 4 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Lim in view of Lim ‘149 as applied to claim 2 above and in further view of U.S. Pat. 3,432,072 to Quercia (hereinafter, “Quercia”).
Regarding claim 4, Lim as modified by Lim ‘149 does not expressly disclose a burr receiver configured to accommodate burr generated by the welding is formed between the storage container and the holder.
Quercia teaches a vehicle fluid storage device (Fig. 1) comprising a storage container with a fluid storage space (container 2, Fig. 1). Quercia teaches a holder (portion 3, Fig. 1) connected to a first connection region (neck 1, Fig. 1). Quercia teaches a burr receiver (slot 12, Fig. 2) is formed recessed in an outer diameter portion of the holder (portion 3) facing an inner wall of the storage container (see Fig. 2). Quercia teaches the burr receiver (slot 12) is configured to accommodate burr generated by welding between the storage container and the holder (col. 3, ll. 27-30). Quercia further teaches tha the burr receiver absorbs excess material to prevent such material from projecting outwardly (col. 3, ll. 34-36).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the vehicle fluid storage device of Lim/Lim ‘149 to add a burr receiver that is recessed in an outer diameter portion of the holder as taught by Quercia for the purpose of absorbing excess material generated by welding to prevent such material from projecting outwardly, as recognized by Quercia (col. 3, ll. 27-36).
Regarding claim 5, Lim/Lim ‘149 as modified by Quercia already includes the burr receiver (Quercia, slot 12) is formed to be recessed in an outer diameter portion of the holder (Quercia, see Fig. 2) facing an inner wall of the storage container (Quercia, see Fig. 2; Lim, see Fig. 2).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Lim in view of Lim ‘149 as applied to claim 2 above and in further view of U.S. Pub. 2011/0220661 to Strack (hereinafter, “Strack”).
Regarding claim 9, Lim as modified by Lim ‘149 does not expressly disclose the leak-preventing section includes at least one of an O-ring and an injection-molded backup ring.
Strack teaches a similar vehicle fluid storage device (see Fig. 4) comprising a storage container (112, Fig. 4), a first connector (boss 116, Fig. 4), and a second connector (boss 118, Fig. 4). Strack teaches a leak-preventing section (portion within circle 4a, Fig. 4) configured to maintain airtightness between the first and second connectors (para. [0051]). Strack teaches the leak-preventing section includes an o-ring (sealing element 146, Fig. 4; para. [0051]). Strack teaches that this arrangement provides a substantially fluid-tight seal between the first and second connectors (para. [0054]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the vehicle fluid storage device of Lim/Lim ‘149 to add an O-ring to the leak-preventing section as taught by Strack for the purpose of providing a fluid-tight seal between the first and second connectors, as recognized by Strack (see e.g., para. [0054]).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Lim as applied to claim 1 above and in further view of U.S. Pat. 5,429,845 to Newhouse et al. (hereinafter, “Newhouse”).
Regarding claim 11, Lim further discloses the holder (first liner 20) further includes at least one insertion member (portion of first liner 20 inserted into groove 13, Fig. 2) inserted into at least one connection groove (groove 13, Fig. 2) formed to be recessed in the first connection area (flange 12).
Lim does not expressly disclose at least one of the insertion members has a cross-section tapered from the inside of the connection groove to the outside of the connection groove. Lim does teach that the insertion members may have different shapes (see e.g., Figs. 3-4).
Newhouse teaches a similar vehicle fluid storage device (Fig. 3) comprising a storage container (62, Fig. 3), a first connector (boss 56, Fig. 3) having a first connection region (flange 70, Fig. 3) and a second connection region (neck 64, Fig. 3), and a holder (interface member 82, Fig. 3) connected to the first connection region (see Fig. 3). Newhouse teaches the holder (interface member 82) further includes at least one insertion member (tab 88, Fig. 3) inserted into a connection groove (groove 77, Fig. 3) recessed in the first connection area (flange 70). Newhouse teaches that the insertion member (tab 88) has a cross-section tapered from the inside of the connection groove to the outside of the connection groove (see Fig. 3). Newhouse further teaches that this arrangement permits the holder to be securely attached to the first connector and reduces leakage (col. 5, ll. 32-68).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the vehicle fluid storage device of Lim to form the insertion member with a tapered shape as taught by Newhouse for the purpose of securely attaching the holder and reducing leakage, as recognized by Newhouse (col. 5, ll. 32-68).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Lim in view of CN-115899541 to Kai (hereinafter, “Kai”).
Regarding claim 16, Lim discloses an assembly of a vehicle fluid storage device (Fig. 1), the assembly comprising: a fluid storage device (Fig. 1) that includes: a storage container (second liner 30, Figs. 1-2) having a fluid storage space (storage space 31, Fig. 2) formed inside (see Figs. 1-2) and an opening portion (open portion of second liner 30, see Fig. 2) formed at least one of one side and the other side (top side in Figs. 1-2); a first connector (boss 10, Figs. 1-2) including a first connection region (flange 12, Fig. 2) arranged adjacent to the opening portion (see Fig. 2) on the inside of the storage container (see Figs. 1-2) and a second connection region (nozzle head 11, Fig. 2) extending from the first connection region (flange 12) so as to be connectable to the connection section (nozzle head 11 is capable of being connectable to a connection section); and a holder (first liner 20, Figs. 1-2) connected to the first connection region (flange 12, see Fig. 2) between the storage container (second liner 30) and the first connection region (flange 12) and coupled to the storage container (second liner 30) by welding (p. 4, ll. 18-19 of attached translation).
Lim does not expressly disclose the assembly comprising a plurality of the vehicle fluid storage devices; and a connection section configured to connect the fluid storage devices to an external device.
Kai teaches an assembly of vehicle fluid storage devices (tank unit 1, Fig. 1) comprising a plurality of the vehicle fluid storage devices (tanks 10, Fig. 1). Kai teaches a connection section (connecting members 30, Fig. 1) configured to connect the fluid storage devices to an external device (see Fig. 1; p. 6, ll. 6-12 of attached translation). Kai teaches that the assembly can be connected to a vehicle and provides fuel for the vehicle (p. 5, ll. 2-6; p. 6, ll. 6-12).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Lim to provide a plurality of the fluid storage devices in an assembly having a connection section as taught by Kai for the purpose of mounting the fluid storage devices to a vehicle and storing plenty of fuel for the vehicle, as recognized by Kai (see e.g, p. 5, ll. 2-6; p. 6, ll. 6-12).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1 and 14 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 8 of U.S. Patent No. 12,252,297. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 8 of the ‘297 patent “anticipates” application claims 1 and 14, as shown below.
Present Claims
Claims of the ‘297 patent
Claim 1: A vehicle fluid storage device comprising:
a storage container having a fluid storage space formed inside and an opening portion formed at least one of one side and the other side;
a first connector including a first connection region arranged adjacent to the opening portion on the inside of the storage container and a second connection region extending from the first connection region so as to be connectable to an external device; and
a holder connected to the first connection region between the storage container and the first connection region and coupled to the storage container by welding.
“A vehicle fluid storage device comprising:” (claim 1, col. 8, l. 55)
“a storage container in which a storage space for fluid is formed and an opening is formed on one side or both sides” (claim 1, col. 8, ll. 56-58); and
“an assembly including a connector disposed adjacent to the opening and forming a path through which the fluid flows into and out of the storage space” (claim 1, col. 8, ll. 59-61)
“the connector includes a connector body disposed adjacent to the opening, and a connector coupling portion extending from the connector body” (claim 8, col. 10, ll. 8-12)
“a holder disposed between the storage container and the connector to connect the storage container and the connector, wherein the storage container and the holder are coupled to each other by rotation melting” (claim 1, col. 8, ll. 61-66).
Claim 14: The vehicle fluid storage device of claim 1, wherein the welding includes at least one of spin welding and laser welding.
“the storage container and the holder are coupled to each other by rotation melting” (claim 1, col. 8, ll. 65-66).
Allowable Subject Matter
Claims 6 and 10 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include 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 6, neither Lim nor Lim ‘149 discloses a burr receiver. Quercia teaches a burr receiver. However, it would not have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Lim, Lim ‘149, and/or Quercia to have a burr receiver recessed in the second connector between the storage container and the holder as claimed in combination with the other claim limitations.
Regarding claim 10, none of Lim, Lim ‘149, or Strack discloses a first ring member arranged between the holder that surrounds the first connection region and the second connector, a second ring member arranged adjacent to an end of the holder between the first connection region and the second connection region, and a third ring member arranged between the first connection region and the second connection region. It would not have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Lim, Lim ‘149, and/or Strack to have such an arrangement in combination with the other claim limitations without hindsight.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
KR-20190061605 to Park et al. discloses a vehicle fluid storage device comprising a storage container, a first connector, and a holder between the first connector and the storage container (see Figs. 1-8).
U.S. Pub. 2019/0170300 to Cola et al. discloses a vehicle fluid storage device comprising a storage container, a first connector, and a holder between the first connector and the storage container (see e.g., Figs. 5-6).
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/LAURA E. PARKER/Examiner, Art Unit 3733