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 § 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 10 and 13 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 10 recites “the first peripheral side wall portion, respectively the second peripheral side wall portion, comprises a third conical side wall, respectively a fourth peripheral side wall” in lines 2-4. It is unclear what “respectively” means in this limitation. For purposes of examination, this limitation will be interpreted as “the first peripheral side wall portion comprises a third conical side wall and the second peripheral side wall portion comprises a fourth peripheral side wall.”
Claim 10 recites “the first clamping portion comprises a third clamping conical side wall, respectively a fourth clamping conical side wall, disposed on an outer face of the third conical side wall, respectively on an outer face of the fourth conical side wall.” It is unclear what “respectively” means in this limitation. For purposes of examination, this limitation will be interpreted as “the first clamping portion comprises a third clamping conical side wall disposed on an outer face of the third conical side wall, and a fourth clamping conical side wall disposed on an outer face of the fourth conical side wall.”
Claim 13 recites “the third peripheral side wall portion, respectively the fourth peripheral side wall portion, comprises a fifth conical side wall, respectively a sixth conical side wall” in lines 2-4. It is unclear what “respectively” means in this limitation. For purposes of examination, this limitation will be interpreted as “the third peripheral side wall portion comprises a fifth conical side wall and the fourth peripheral side wall portion comprises a sixth conical side wall.”
Claim 13 recites “the second clamping portion comprises a fifth clamping conical side wall, respectively a sixth clamping conical side wall, disposed on an outer face of the fifth conical side wall, respectively on an outer face of the sixth conical side wall” at lines 4-7. It is unclear what “respectively” means in this limitation. For purposes of examination, this limitation will be interpreted as “the second clamping portion comprises a fifth clamping conical side wall disposed on an outer face of the fifth conical side wall and a sixth clamping conical side wall disposed on an outer face of the sixth conical side wall.”
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 1-3, 5-7, 15, and 16 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by U.S. Pat. 3,596,794 to Peters (hereinafter, “Peters”).
Regarding claim 1, Peters discloses a storage tank (vessel 2, Fig. 1) for a vehicle (col. 2, ll. 66-67) comprising a wall (walls 12, 14, Figs. 2-3) delimiting a storage volume (chamber 6, Fig. 2) for containing a liquid and gas (col. 2, ll. 66-67), the wall (walls 12, 14) comprises a first wall portion (first wall 12, Figs. 2-3) and a second wall portion (second wall 14, Figs. 2-3) opposite to the first wall portion (see Figs. 2-3), the first wall portion (first wall 12) has a first depression (recessed area 16, Fig. 1) formed therein extending towards the second wall portion (see Figs. 2-3), the first depression (recessed area 16) comprises a first opening (annotated Fig. 3 below), a first bottom wall (annotated Fig. 3) and a first peripheral side wall (annotated Fig. 3) connecting the first bottom wall (annotated Fig. 3) to a first flange of the first opening (annotated Fig. 3; Note – Applicant’s specification defines “flange of the opening” as “a contour portion of the wall portion that surrounds the opening of the depression,” see para. [0013]), the first bottom wall (annotated Fig. 3) is coupled in a leak tight manner (see Figs. 2-3) to the second wall portion (second wall 14) in a coupling area (column 10, Fig. 3) having a hole (annotated Fig. 3) through which passes a connecting rod (annotated Fig. 3) of a clamping device (device formed from elements 20, 22, plates 28, 30, and bolt 26, Fig. 3), the clamping device comprises a first clamping portion (first supporting element 20 and plate 28, Fig. 3) and a second clamping portion (second supporting element 22 and plate 30, Fig. 3) connected to the first clamping portion (first supporting element 20 and plate 28) by the connecting rod (annotated Fig. 3), wherein the first clamping portion (first supporting element 20 and plate 28) is disposed on an outer face of the first peripheral side wall (annotated Fig. 3) and the second clamping portion (second supporting element 22 and plate 30) is disposed on an outer face of the second wall portion (annotated Fig. 3).
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Peters Annotated Figure 3
Regarding claim 2, Peters further discloses the first clamping portion (first supporting element 20 and plate 28) is disposed on an outer face of the first bottom wall (annotated Fig. 3).
Regarding claim 3, Peters further discloses the first clamping portion (first supporting element 20 and plate 28) is disposed on an outer face of the first flange (annotated Fig. 3) of the first opening (annotated Fig. 3).
Regarding claim 5, Peters further discloses the second wall portion (second wall 14) has a second depression (annotated Fig. 3) formed therein extending towards the first depression (see annotated Fig. 3), the second depression (annotated Fig. 3) comprises a second opening (annotated Fig. 3), a second bottom wall (annotated Fig. 3) and a second peripheral side wall (annotated Fig. 3) connecting the second bottom wall (annotated Fig. 3) to a second flange of the second opening (annotated Fig. 3; Note – Applicant’s specification defines “flange of the opening” as “a contour portion of the wall portion that surrounds the opening of the depression,” see para. [0013]), the second bottom wall (annotated Fig. 3) is coupled in a leak tight manner (see Figs. 2-3) to the first bottom wall (annotated Fig. 3) in the coupling area (column 10) having the hole (annotated Fig. 3) through which passes the connecting rod (annotated Fig. 3), and wherein the second clamping portion (second supporting element 22 and plate 30) is disposed on an outer face of the second peripheral side wall (annotated Fig. 3).
Regarding claim 6, Peters further discloses the second clamping portion (second supporting element 22 and plate 30) is disposed on an outer face of the second bottom wall (annotated Fig. 3).
Regarding claim 7, Peters further discloses the second clamping portion (second supporting element 22 and plate 30) is disposed on an outer face of the second flange of the second opening (annotated Fig. 3).
Regarding claim 15, Peters further discloses the connecting rod (annotated Fig. 3) comprises a connection mechanism (col. 2, ll. 35-42; Fig. 3) selected from the group consisting of bolt connection, screw-nut connection, rivet connection, frictional connection, form-fitting connection and snap connection (col. 2, ll. 35-42; Fig. 3).
Regarding claim 16, Peters discloses a vehicle (col. 2, ll. 65-66) comprising a storage tank according to claim 1 (see rejection of claim 1 above).
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 4 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Peters.
Regarding claim 4, Peters further discloses the first peripheral side wall (annotated Fig. 3) comprises a first sloped side wall (inner surface 24, Fig. 3) and the first clamping portion (first supporting element 20 and plate 28) comprises a first clamping sloped side wall (surface contacting inner surface 24) disposed on an outer face of the first sloped side wall (see Fig. 3).
Peters does not expressly disclose the first sloped side wall is conical and the first clamping sloped side wall is conical. Instead, Peters shows these surfaces as having a truncated and rounded rectangular pyramid shape (see Fig. 1).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to have modified the storage tank of Peters to have a first conical side wall and a first clamping conical side wall because it has been held that changes in shape are an obvious matter of design choice absent persuasive evidence that the particular claimed configuration is significant (MPEP 2144.04(IV)(B), citing In re Dailey, 149 USPQ 47).
Regarding claim 8, Peters further discloses the second peripheral side wall (annotated Fig. 3) comprises a second sloped side wall (inner surface 24, Fig. 3) and the second clamping portion (second supporting element 22 and plate 30) comprises a second clamping sloped side wall (surface contacting inner surface 24) disposed on an outer face of the second conical side wall (see Fig. 3).
Peters does not expressly disclose the second sloped side wall is conical and the second clamping sloped side wall is conical. Instead, Peters shows these surfaces as having a truncated and rounded rectangular pyramid shape (see Fig. 1).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to have modified the storage tank of Peters to have a second conical side wall and a second clamping conical side wall because it has been held that changes in shape are an obvious matter of design choice absent persuasive evidence that the particular claimed configuration is significant (MPEP 2144.04(IV)(B), citing In re Dailey, 149 USPQ 47).
Claims 9-14 are rejected under 35 U.S.C. 103 as being unpatentable over Peters as applied to claim 1 above, and in further view of U.S. Pub. 2007/0228050 to Isoda (hereinafter, “Isoda”).
Regarding claim 9, Peters does not expressly disclose the first peripheral side wall comprises a first peripheral side wall portion and a second peripheral side wall portion connected to the first peripheral side wall portion by a first shoulder, the first clamping portion is disposed on an outer face of the first peripheral side wall portion and on an outer face of the second peripheral side wall portion.
Isoda teaches a similar storage tank (fuel tank 1B, Fig. 7) for a vehicle comprising a wall delimiting a storage volume for containing a liquid and gas (wall forming tank body 2B, Fig. 7). Isoda teaches the wall comprises a first wall portion opposite (upper wall 3, Fig. 7) a second wall portion (lower wall 4, Fig. 7). Isoda teaches the first wall portion has a first depression (recess 5B, Fig. 7) comprising a first opening (opening 6, Fig. 7), a first bottom wall (sole87, Fig. 7), a first peripheral side wall (peripheral wall 7B, Fig. 7), and a first flange (portion of upper wall 3 joining recess 5B). Isoda teaches the first peripheral side wall comprises a first peripheral side wall portion (annotated Fig. 7 below) and a second peripheral side wall portion (annotated Fig. 7) connected by a first shoulder (surface 20, Fig. 7). Isoda teaches that the first peripheral side wall portion comprises a third conical side wall (annotated Fig. 7) and a fourth conical side wall (annotated Fig. 7). Isoda teaches that the depression arrangement may be applied to both the first and second wall portions (see paras. [0038]-[0039]). Isoda further teaches that this stepped wall arrangement increases the surface area, which increases joining strength of an element in the depression (para. [0047]).
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Isoda Annotated Figure 7
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to have modified the storage tank of Peters to form a step in each of the first and second depressions such that the first and second peripheral side walls each have two peripheral side wall portions connected by a shoulder as taught by Isoda for the purpose of increasing surface area of the depressions to increase joining strength, as recognized by Isoda (see para. [0047]). Peters as modified to have the depression shape of Isoda would result in the first clamping portion being disposed on an outer face of both the first and second peripheral side wall portions, and the first clamping portion having two clamping conical side walls disposed on the outer face of the conical side walls of the peripheral side wall portion.
Regarding claim 10, Peters as modified by Isoda already includes the first peripheral side wall portion (Isoda, annotated Fig. 7), respectively the second peripheral side wall portion (Isoda, annotated Fig. 7), comprises a third conical side wall (Isoda, annotated Fig. 7), respectively a fourth conical side wall (Isoda, annotated Fig. 7), and the first clamping portion (Peters, first supporting element 20 and plate 28) comprises a third clamping conical side wall (portion of first supporting element 20 of Peters in contact with third conical side wall of Isoda), respectively a fourth clamping conical side wall (portion of first supporting element 20 of Peters in contact with fourth conical side wall of Isoda), disposed on an outer face of the third conical side wall (Peters, Fig. 3; Isoda, Fig. 7), respectively on an outer face of the fourth conical side wall (Peters, Fig. 3; Isoda, Fig. 7).
Regarding claim 11, Peters as modified by Isoda already includes the first clamping portion (Peters, first supporting element 20 and plate 28) is disposed on an outer face of the first shoulder (portion of first supporting element 20 of Peters in contact with surface 20 of Isoda).
Regarding claim 12 Peters as modified by Isoda already includes the second peripheral side wall (Peters, annotated Fig. 3) comprises a third peripheral side wall portion (Isoda, see Fig. 7 and reasons for modification) and a fourth peripheral side wall portion (Isoda, see Fig. 7 and reasons for modification) connected to the third peripheral side wall portion by a second shoulder (Isoda, surface 20), the second clamping portion (Peters, second supporting element 22 and plate 30) is disposed on an outer face of the third peripheral side wall portion (portion of second supporting element 22 of Peters in contact with third peripheral side wall portion of Isoda) and on an outer face of the fourth peripheral side wall portion (portion of second supporting element 22 of Peters in contact with fourth peripheral side wall portion of Isoda).
Regarding claim 13, Peters as modified by Isoda already includes the third peripheral side wall portion (Isoda, see Fig. 7 and reasons for modification), respectively the fourth peripheral side wall portion (Isoda, see Fig. 7 and reasons for modification), comprises a fifth conical side wall (Isoda, see Fig. 7 and reasons for modification), respectively a sixth conical side wall (Isoda, see Fig. 7 and reasons for modification), and the second clamping portion (Peters, second supporting element 22 and plate 30) comprises a fifth clamping conical side wall (portion of second supporting element 22 of Peters in contact with fifth conical side wall of Isoda), respectively a sixth clamping conical side wall (portion of second supporting element 22 of Peters in contact with sixth conical side wall of Isoda), disposed on an outer face of the fifth conical side wall (Peters, Fig. 3; Isoda, Fig. 7), respectively on an outer face of the sixth conical side wall (Peters, Fig. 3; Isoda, Fig. 7).
Regarding claim 14, Peters as modified by Isoda already includes the second clamping portion (Peters, second supporting element 22 and plate 30) is disposed on an outer face of the second shoulder (portion of second supporting element 22 of Peters in contact with surface 20 of Isoda).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
U.S. Pub. 2019/0105982 to Schmitz discloses a storage tank for a vehicle with a wall portion having a depression and a clamping device comprising a first clamping portion arranged in the depression and connected to a second clamping portion by a connecting rod (see Fig. 1).
U.S. Pub. 2012/0024868 to Menke discloses a storage tank for a vehicle with opposing wall portions each having a depression, and a clamping device comprising a first clamping portion arranged in the depression and connected to a second clamping portion by a connecting rod (see Figs. 1-2).
U.S. Pub. 2005/0011891 to Austerhoff et al. discloses a storage tank for a vehicle having opposing wall portions each having a depression, and a clamping device comprising a first clamping portion arranged in the depression and connected to a second clamping portion by a connecting rod (see Figs. 1-7).
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/LAURA E. PARKER/Examiner, Art Unit 3733