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
Applicant’s election without traverse of 2/5/2026 in the reply filed on Group I (Claims 1- is acknowledged. Accordingly, claim 14 is withdrawn.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the wherein the height of the first cavity is smaller than or equal to the height of the flange (claim 3, see 112b below) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 2 is objected to because of the following informalities: Claim 2 line 1 "A fuel tank according to claim 1" appears to be an error for - -[[A]]The fuel tank according to claim 1 - -. 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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-4 and 6-13 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The term “forms a stepped cavity” in claim 1 is a relative term which renders the claim indefinite. The term “forms a stepped cavity” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Due to other limitations in claim 1 (such as a tapered first cavity), it is understood that the configuration of figure 4 is being claimed. The configuration of figure 4 fails to show a "stepped" cavity. "Stepped" means "having or formed into a step or series of steps" (Oxford Languages). The embodiment of figure 4 is tapered and fails to depict a singular "step". Further, the claim language calls the shape "tapered". Claims 2-4 and 6-13 directly or indirectly depend from claim 1 and are also rejected..
The term “wherein the height of the first cavity is smaller than or equal to the height of the flange” in claim 3 is a relative term which renders the claim indefinite. The term “wherein the height of the first cavity is smaller than or equal to the height of the flange” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The drawings fail to show the claimed relationship. From drawings and the specification, the flange item is number 24. From figure 4, line 24 is connected to a feature line of the support member, it is assumed that that feature line and the protrusion above (for the top flange) or protrusion below (for the bottom flange) is considered the flange. This would be only the outwardly extending portion of the support member. In figure, 4, this narrowed view of the flange is not taller than the first cavity. In fact, the first cavity extends a greater length than the flange height. It’s unclear how a larger flange would be able to fit into a smaller cavity. It wouldn't be physically possible to enable the features to mate. For the purposes of examination, the start bounds of the flange are up to viewer interpretations, meaning the flange can be regarded as starting before outward extension.
Claim 4 recites the limitation "the widths of the flange" in line 2. There is insufficient antecedent basis for this limitation in the claim.
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, 3-4, 6-8, and 10-13 is/are rejected under 35 U.S.C. 102a(1) as being anticipated by Aitken (US 11192289 B2).
With respect to claim 1, Aitken discloses a plastic fuel tank for a vehicle, the plastic fuel tank comprising: a bottom part (215) and a top part (214 including 210); at least one side wall extending between the bottom part and the top part, wherein the bottom part, the top part and the at least one side wall define an inner space of the plastic fuel tank, the inner space being configured to receive fuel; and at least one supporting element (400), wherein the at least one supporting element has an elongated shape and comprises: a longitudinal axis (inherent); a first end side (418) and a second end side (420) at its axial ends; a flange at the first end side (418) or the second end side, wherein the flange comprises a flange width; and is arranged between the top part (214 including 210) and the bottom part wherein the top part (214 including 210) or the bottom part comprises an integrated receiving structure (210, 302 combination/cavities formed) for receiving the flange of the supporting element wherein the receiving structure is formed by the top part (214 including 210) or the bottom part and forms a stepped cavity (see 112b above) comprising a first cavity and a second cavity (figure 6 below) wherein the first cavity is defined by an outer part (210) of the top part (214 including 210) or the bottom part forming a first cavity outer wall (210) and at least one first cavity side wall (208) extending from the first cavity outer wall, wherein the first cavity is arranged adjacent to the second cavity wherein the second cavity is defined by at least a second cavity side wall (adjacent portions of 302), wherein the second cavity is arranged between the first cavity and the inner space of the plastic fuel tank wherein the first cavity comprises a first cavity width (208 adjacent 210 to 208 adjacent 210) and the second cavity comprise a second cavity width (302 to 302), wherein the first cavity width is larger than the second cavity width, wherein the flange width (418 above 302) is larger than the second cavity width (302 to 302) and smaller or equal to the first cavity width (208 adjacent 210 to 208 adjacent 210), wherein the first cavity comprises a tapered form (inherent refer to figure 6 below), and wherein the width of the first cavity decreases in a direction from the first cavity outer wall to the second cavity. (inherent refer to figure 6 below)
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With respect to claim 3, Aitken discloses the fuel tank according to claim 1, wherein the height of the first cavity (figure 6) is smaller than or equal to the height of the flange. (418 including 422)
With respect to claim 4, Aitken discloses the fuel tank according to claim 1, wherein the width of the first cavity width (208 adjacent 210 to 208 adjacent 210) is equal to the widths of the flange. (418 including 422)
With respect to claim 6, Aitken discloses the fuel tank according to claim 1, wherein the supporting element comprises a rotationally symmetrical shape. (3-dimensional shape is understood to be cylindrical as interpreted by figure 2, further shaft is described in terms of “circumferential” on column 6 lines 52-60)
With respect to claim 7, Aitken discloses the fuel tank according to claim 1, wherein the supporting element comprises a tapered shape (can consider length of supporting element at 414 the tapered shaft), and wherein the width of the supporting element decreases from its axial ends to its axial center. (length at axial ends are larger than length at center. Flange is considered part of axial ends from claim 1.)
With respect to claim 8, Aitken discloses the fuel tank according to claim 1, wherein the supporting element comprises at least one breaking point (1008) configured to break when and axial force exceeding a predetermined force threshold is applied to the supporting element. (capable of said intended function)
Examiner Note: As described in specification, the supporting element can be formed as notch. The openings 1008 can be considered a notch.
With respect to claim 10, Aitken discloses the fuel tank according to claim 1, wherein the side wall, the bottom part, and the top part are made at least partly of a thermoplastic material. (col 6 lines 29-35)
With respect to claim 11, Aitken discloses the fuel tank according to claim 1, wherein the side wall, the bottom part, and at the top part are made of at least partly of any of the following materials: polyethylene, PE, high-density polyethylene, HDPE, polypropylene (col 6 lines 29-35), PP, polyethylene terephthalate, PET, polystyrene, PS, polymethyl methacrylate, PMMA, polyoxymethylene, POM, polyphenylensulfis, PPS, polyphathalamid, PPA, polyether ether ketone, PEEK, polyamide- imides, PAI, or polyaryletherketone, PAEK.
With respect to claim 12, Aitken discloses the fuel tank according to claim 1, wherein the fuel tank is designed as a single tank or as a saddle tank (figure 2).
With respect to claim 13, Aitken discloses a motorized vehicle comprising a fuel tank according to claim 1. (figure 2 and figure 1)
Claim(s) 1-2 and 9 is/are rejected under 35 U.S.C. 102a(1) as being anticipated by Nakaya (WO 2021153226 A1).
With respect to claim 1, Nakaya discloses a plastic fuel tank for a vehicle, the plastic fuel tank (Ta) comprising: a bottom part and a top part (figure 1 below); at least one side wall extending between the bottom part and the top part, wherein the bottom part, the top part and the at least one side wall define an inner space of the plastic fuel tank, the inner space being configured to receive fuel; and at least one supporting element (6), wherein the at least one supporting element has an elongated shape and comprises: a longitudinal axis; a first end side (top of 6) and a second end side (bottom of 6) at its axial ends; a flange (6m and up) at the first end side or the second end side, wherein the flange comprises a flange width (length of 6e); and is arranged between the top part and the bottom part wherein the top part (protrusion of top part) or the bottom part comprises an integrated receiving structure for receiving the flange of the supporting element wherein the receiving structure is formed by the top part (cavity in protrusion of top part) or the bottom part and forms a stepped cavity (see 112b above) comprising a first cavity and a second cavity (figure 5A below) wherein the first cavity is defined by an outer part of the top part or the bottom part forming a first cavity outer wall (figure 5A) and at least one first cavity side wall (figure 5A) extending from the first cavity outer wall, wherein the first cavity is arranged adjacent to the second cavity wherein the second cavity is defined by at least a second cavity side wall (figure 5A), wherein the second cavity is arranged between the first cavity and the inner space of the plastic fuel tank wherein the first cavity comprises a first cavity width (width at top of cavity) and the second cavity comprise a second cavity width (width from one side of 2nd sidewall to the other side), wherein the first cavity width is larger than the second cavity width (this is true, top of first cavity is wider than second cavity), wherein the flange width (width at largest of flange adjacent first cavity width) is larger than the second cavity width (width from one side of 2nd sidewall to the other side) and smaller or equal to the first cavity width (inherent, so flange can fit in first cavity), wherein the first cavity comprises a tapered form (figure 5B), and wherein the width of the first cavity decreases in a direction from the first cavity outer wall to the second cavity. (see figure 5A and 5B)
Examiner Note: Dashed line divides first and second cavity on figures 5A and 5B.
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With respect to claim 2, Nakaya discloses the fuel tank according to claim 1, wherein the flange comprises an outer surface (6d) being directed away from the axial center of the supporting element, and wherein the outer surface of the flange is welded to the outer part of the top part or the bottom part. (page 3 [REF] – refer to pdf with google translation attached to office action)
With respect to claim 9, Nakaya discloses the fuel tank according to claim 1, wherein the side wall, the bottom part, and the top part (all portions of Ta) of the fuel tank are integrally formed.
Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US-20190105982-A1 OR US-20120325822-A1 OR US-20180326839-A1 OR US-11701964-B2 OR US-11192289-B2 OR US-9027781-B2 OR US-6135306-A OR US-8991637-B2
Conclusion
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/SYMREN K SANGHERA/Examiner, Art Unit 3735