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 .
Response to Amendment
This office action is in response to the reply filed on 5/26/2026, wherein claims 1-2, 4 were amended, claims 3 and 5 are cancelled, claim 15 is new. Claims 1-2, 4, 6-15 are pending. Claim 14 was withdrawn.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-2, 4, 6-13 and 15 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 1 discloses "wherein the receiving structure forms a stepped cavity due to width of the first cavity being larger than the width of the second cavity".
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) 1-2, 4, 6-13 and 15 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 (6d and up) at the first end side or the second end side, wherein the flange comprises a flange width (length of 6d); 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, where the receiving structure is formed from a combination of 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 comprises 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 receiving structure forms a stepped cavity due to the width of the first cavity being larger than the width of the 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, wherein the first cavity comprises a tapered form (see 112a over conflicting terminology), wherein a height of the first cavity is smaller than or equal to a height of one end of the flange in an unclamped state (heights are equal to) 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 4, Nakaya discloses the fuel tank according to claim 1, wherein the width of the first cavity is equal to the widths of the flange width. (inherent result of the formulation process of Nakaya’s)
With respect to claim 6, Nakaya discloses the fuel tank according to claim 1, wherein the supporting element comprises a rotationally symmetrical shape. (inherent of Nakaya’s supporting element)
With respect to claim 7, Nakaya discloses the fuel tank according to claim 1, wherein the supporting element comprises a tapered shape, and wherein the width of the supporting element decreases from its axial ends to its axial center. (Along with 112a rejection above, a tapered shape of the supporting element is not taught to have a stepped profile. Unless taper is being read unreasonably broad to include radiused corner. Nakaya features radiused corner.)
With respect to claim 8, Nakaya discloses the fuel tank according to claim 1, wherein the supporting element comprises at least one breaking point configured to break when and axial force exceeding a predetermined force threshold is applied to the supporting element. (There is no structural limitation being placed or associated with the breaking point, the language is broad. If an axial force is placed on the fuel tank, the supporting element of Nakaya will break at a location.)
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.
With respect to claim 10, Nakaya 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. (page 2 [0008] of translation of Nakaya)
With respect to claim 11, Nakaya 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, 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. (page 2 [0008] see translation attached)
With respect to claim 12, Nakaya discloses the fuel tank according to claim 1, wherein the fuel tank is designed as a single tank or as a saddle tank. (see tank of figure 1)
With respect to claim 13, Nakaya discloses a motorized vehicle comprising a fuel tank according to claim 1. (page 2 [0007], see translation attached)
With respect to claim 15, Nakaya discloses the fuel tank according to claim 1, wherein the flange is designed as an integrated part of the supporting element. (the two features are incorporated with one another on the invention of Nakaya)
Examiner Note: “integrate” has a broad interpretation. For example, Cambridge Dictionary defines integrate as “to combine two or more things in order to become more effective”. This is not the same definition as integral. With integrate, a combination is possible. Alternate wording to indicate an integral feature could be viewed as not novel under case law such as In re Larson, 340 F.2d 965, 968, 144 USPQ 347, 349 (CCPA 1965)
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
Response to Arguments
Applicant's arguments filed 5/26/2026 have been fully considered but they are not persuasive. With respect to Nakaya (WO 2021153226 A1), Applicant argues that the first cavity height is not smaller than a height of the flange. However, the claim language states "smaller than or equal to". Nakaya can be considered "equal to". Additionally applicant argues that Nakaya does not disclose of axial clamping of a flange. However, this language is absent from the claims. Lastly, applicant argues that Nakayas .
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Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/S.K.S./Examiner, Art Unit 3735
/ERNESTO A GRANO/Primary Examiner, Art Unit 3735
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