DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after May 19, 2022, is being examined under the first inventor to file provisions of the AIA .
Claim Interpretation
Claim 5, line 3 recites: “the upper beam comprises a channel having a first end and a second end.” the term “a first end and a second end” is understood to be “a left end and a right end” of the channel when reviewing the drawing figure in its 2D representation on the paper.
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,
In claim 6, line 2: “a first portion of the upper beam” is not shown in the figures 1-14.
In claim 6, line 3: “a second portion of the upper beam” is not shown in the figures 1-14.
Claims 15-18 and 20 recite the limitation: “pre-existing storage tank” is not shown in the figures 1-14. Those features 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 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 6 and 15-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as failing to set forth 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.
Claim 6 requires that “a first portion of the upper beam overlaps a portion of the interior bar member”; and “a second portion of the upper beam overlaps a portion of the exterior bar member,” yet the specification provides no guidance as to what specific regions of the upper beam constitute these portions. It is unclear whether the claimed “portions” refer to left, right, central or any other identifiable segment of the upper beam, or whether they encompass the entire lateral span.
Further, the claim does not clarify whether “a portion of the interior bar member” overlapped by the first portion is the same or different from the “a portion of the exterior bar member” overlapped by the second portion. Because, the specification and drawings fail to provide any identifiable structure corresponding to these claimed portions, one of ordinary skill in the art cannot ascertain the metes and bounds of the claimed overlapping relationships with reasonable certainty. Accordingly, claim 6 is indefinite.
The preamble of claim 15 recites “a first storage tank,” “a second storage tank,” and further refers to mounting “a pre-existing storage tank.” Although paragraph [0008] of the specification mentions the method of mounting a pre-existing storage tank, none of the drawings (Figures 1-16) depict any structure identifiable as such a pre-existing tank. As a result, the term “pre-existing storage tank” lacks clear support and is ambiguous in scope.
It is unclear whether “pre-existing” refers to (i) an additional storage tank beyond the first and second storage tanks, (ii) a tank substituted in place of one of the recited tanks, or (iii) a tank that is part of the same assembly but previously installed. The specification provides no guidance enabling one of ordinary skill to determine how many tanks are present in the claimed system or how the pre-existing tank relates structurally to the first and second tanks.
Further, if the pre-existing storage tank is included, the claim does not explain how the support structure independently rotates the tank relative to the same pivotal axes when the tank is not shown or described as being mounted to the support structure. Therefore, the claim functional relationship cannot be understood with reasonable certainty.
Accordingly, the boundaries of the claim cannot be determined, and claim 15 is indefinite under 35 USC §112(b).
Any claim not specifically addressed under 112(b) is rejected as being dependent on a claim rejected under 112(b).
Claim Rejections - 35 USC § 102
9. 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.
10. 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 1-20 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Green (US Pub.20160257196 A1).
Regarding claim 1, Green teaches: a support structure (10 with housing 12 - “Vehicle mounting assembly for a fuel supply”, figs. 1-18; [‘Title’ and [0050]) for a mining truck (“mine haul vehicles, bulldozers, and other heavy duty commercial vehicles”; ‘Abstract’), the support structure (10) comprising:
an interior mounting interface (“cross brace structure” 32; [0052]) configured to removably attach [para 0052 teaches: “the opposite end of each of the retaining arms 28 is removably connected, as at 31, to the housing 12 and more specifically to a brace or cross brace structure 32”] the support structure (10) to a chassis (fig. 18) of the mining truck (“mine haul vehicle”);
a center mounting interface (31, fig. 2; [0052]) configured to support an interior storage tank (“one or plurality of fuel tank”; 0015]) adjacent to the chassis [ para. 0019 teaches: “at least one but more practically a plurality of stabilizing members disposed in spaced relation to one another and collectively extending along and confronting a length of the containment structure”; thus, configured to support an interior tank adjacent to the chassis].; and
an exterior mounting interface (30; fig. 2) configured to support an exterior storage tank (“exterior tank “14; [0050]) adjacent to the interior storage tank (“interior storage tank 14” among two fuel tanks 14, fig. 3; [0050]).
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Annotated figs. 2-3 of Green
Regarding claim 2, Green further teaches that the interior mounting interface (“cross brace structure” 32; [0052]) comprises an interior pivot axis (XX', annotated fig. 2 below) about which the support structure (10) is pivotable relative to the chassis (chassis of fig. 18);
the center mounting interface (31, fig. 2; [0052]) comprises a center pivot axis (YY'; see annotated fig. 2 below for axis) about which the interior storage tank (14) is pivotable (fig. 3) relative to the support structure (10); and
the exterior mounting interface (30; fig. 3) comprises an exterior pivot axis (AA'; see annotated fig. 3 below) about which the exterior storage tank (exterior tank 14 among two 14; fig. 3) is pivotable [para. 0017 teaches: “a plurality of hinge structures movably interconnecting the housing to the vehicle and structured to pivotally dispose the housing into and out of said first and second orientations”] relative to the support structure (10).
Regarding claim 3, Green further teaches that each of the interior mounting interface (“cross brace structure” 32; [0052]), the center mounting interface (31, fig. 2; [0052]), and the exterior mounting interface (30, figs. 3) is pivotable independently of each other (see figs. 2 and 3 where 32, 31 and 30 are pivotable independently in relation to axes XX', YY' and AA' respectively).
Regarding claim 4, Green further teaches that each of the interior mounting interface (“cross brace structure” 32; [0052]), the center mounting interface (31), and the exterior mounting interface (30) includes a damping portion (43; [0055]) having one or more vibration dampers [para. 0055 teaches that the removable connecting bolt or like connector 43 may include a spring-loaded attachment (equivalent to dampers) as at 45 and may be further structured (equivalent to one or more vibration dampers) to removably interconnect the opposite ends of the brace 32 to the distal ends of the support leg segment 20 as at 20". The spring-loaded feature of the attachment assembly 41 will further serve to dampen any abrupt movement and/ or vibration being transferred to the housing 12 and to the fuel tanks 14].
Regarding claim 5, Green further teaches that an upper beam (28, figs. 2-3) extending between the interior mounting interface (32) and the exterior mounting interface (30), wherein:
the upper beam (28 or 20) comprises a channel having a first end (end at 31, fig. 3) and a second end (end at 30, fig. 3);
the interior mounting interface (32) comprises an interior bar member (“cross brace structure”, figs. 2-3; [0052]) attached to the first end (left end as depicted in figs. 2 and 7; see claim interpretation above); and
the exterior mounting interface (30) comprises an exterior bar member (20, fig. 2) attached to the second end (right end as depicted in figs. 2 and 7; see claim interpretation above).
Regarding claim 6, Green further teaches wherein:
a first portion (left portion of 31) of the upper beam (beam of 31) overlaps (as shown in fig. 2, left portion of bar member 31 overlaps a left portion bar member of 32) a portion of the interior bar member (bar member 32); and
a second portion (right portion of 31) of the upper beam overlaps (as shown in fig. 2, right portion bar member of 31 overlaps a right portion bar member of 20 when looking at the view as depicted in fig. 12) a portion of the exterior bar member (bar member 20).
Regarding claim 7, Green further teaches that wherein the interior bar member (bar member of 32) and the exterior bar member (20) are welded to the upper beam (28; para. 0050 teaches: “with primary reference to figs.1-4B, the base 16 includes a plurality of support legs 18 each of which include leg segments 20 and 20' having the lower end thereof fixedly secured, such as by welding the accompanying mounting pads 22 to the frame or other appropriate portion of the vehicle, on which the mounting assembly 10 is disposed”).
Regarding claim 8, Green further teaches that one of the interior storage tank (14 of two 14) and the exterior storage tank (another 14) comprises a hydraulic fluid storage tank para. 0064 teaches: “Such activation of the positioning assembly or tool 340 is accomplished by connecting it to an appropriate fluid source such as, but not limited to, a fluid source of hydraulic or pneumatic fluid”].
Regarding claim 9, Green further teaches that one of the interior storage tank (one of 14) and the exterior storage tank (another 14) comprises at least one of a fuel tank (at least one of “fuel tank 14”; [0051]), a battery module, and a flywheel.
Regarding claim 10, Green teaches: a storage tank assembly (12) for a mining truck (“mine haul vehicles, bulldozers, and other heavy duty commercial vehicles”; ‘Abstract’), the storage tank assembly (12) comprising:
a support structure (10, figs. 1-7; [0050]) pivotably coupled to a chassis (fig. 18) of the mining truck (“mine haul vehicle”);
an interior storage tank (14, fig. 3) supported by and pivotably coupled (via 32 and 30) to the support structure (10); and
an exterior storage tank (exterior tank 14, fig. 3) supported by and pivotably coupled to (via 31) the support structure (10);
wherein the interior storage tank (interior storage tank 14) is pivotable (at XX'; see annotated figs. 2-3 above) relative to the support structure independently (fig. 3 shows independently configuration) of the exterior storage tank (14); and
wherein the exterior storage tank (another 14 among two 14) is pivotable (at 30 via axis AA') relative to the support structure (10) independently (fig. 3) of the interior storage tank (14).
Regarding claim 11, Green further teaches that the interior storage tank (14) is vibrationally isolated (via 43 may include a spring-loaded attachment (equivalent to dampers); [0055]) from the support structure (10).
Regarding claim 12, Green further teaches that the exterior storage tank (another 14 among two 14 as depicted in fig. 3) is vibrationally isolated [para. 0055 teaches: “The spring-loaded feature of the attachment assembly 41 will further serve to dampen any abrupt movement and/ or vibration being transferred to the housing 12 and to the fuel tanks 14”] from the support structure (10).
Regarding claim 13, Green further teaches that one or more vibration dampers (one or more spring spring; [0055]) between at least one of:
the support structure (10) and the chassis (chassis of the vehicle as depicted in fig. 18);
the interior storage tank (14) and the support structure (10); and
the exterior storage tank (another 14, fig. 3) and the support structure (10, fig. 3).
Regarding claim 14, Green further teaches that the support structure (10) includes a crossbar (“cross bar structure”, figs. 2-3; [0052]) defining a pivot axis (XX', see annotated fig. 2 above) about which the support structure (10) is configured to pivot (see fig. 3), the crossbar received between a chassis mounting post (via 20, fig. 4B) of the chassis and a clamping member (22'; fig. 4B) coupled to the chassis mounting post (20) so that the crossbar is freely rotatable (figs. 3 and 8 at 40).
Regarding claim 15, Green teaches: a method of mounting a first storage tank (first 14, fig. 3) and a second storage tank (another 14, fig. 3) to a chassis of a mining truck (chassis of mine haul truck), comprising:
mounting a support structure (10, fig. 11) to a mounting post (figs. 9B-9C) of the chassis of the mining truck;
mounting a pre-existing storage tank (14) to a center mounting interface (31, figs. 2-3; [0052]) of the support structure (10); and
mounting a second storage tank (another storage tank 14) to an exterior mounting interface (30) of the support structure (10) so that the second storage tank (second 14) is positioned adjacent (fig. 3) to the pre-existing storage tank (first tank 14).
Regarding claim 16, Green further teaches that wherein:
the support structure (10) is pivotably mounted to the mounting post (via 20, fig. 5) of the chassis (chassis of the vehicle as depicted in fig. 18) by an interior mounting interface (32) about a first pivot axis (XX', see annotated fig. 2 above);
the pre-existing storage tank (14) is pivotable (fig. 3) relative to the chassis about a second pivot axis (axis at 39 joint as depicted in fig. 8); and
the second storage tank (second 14) is pivotable (at 40, fig. 7) relative to the chassis about a third pivot axis (axis at 40 as depicted in fig. 7).
Regarding claim 17, Green further teaches that the pre-existing storage tank (first 14) is pivotable independently of the second storage tank (second 14) and the second storage tank (second 14) is pivotable independently (at 28, figs. 2-3) of the pre-existing storage tank (first 14).
Regarding claim 18, Green further teaches that the pre-existing storage tank (14) is cylindrical [as depicted in figs 2-3, the plurality of fuel tanks is depicted as cylindrical shape].
Regarding claim 19, Green further teaches that wherein mounting the support structure (10) includes receiving a crossbar (cross bar structure 32) of the support structure (10) between the mounting post (via 20, fig. 4B) of the chassis and a clamping member (22'; fig. 4B) so that the crossbar is freely rotatable (see fig. 3).
Regarding claim 20, Green further teaches that wherein mounting the pre-existing storage tank (14 among plurality of 14) includes receiving a portion of the pre-existing storage tank within a slot defined by a support tab (hinge structure 24, fig. 9; [0051]) of the support structure (10) and coupling a clamping member (link like structure 26; [para. 0051 teaches: “Each of the hinge structures 24 are connected to an appropriate link 26 or like structure secured to an under portion of the housing 14 as clearly represented in fig. 3]) to the support tab (24) so that the portion of the pre-existing storage tank (14 among plurality of 14) is positioned between (see fig. 9) the support tab (28) and the clamping member (26).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20240294064 A1 to Avadutala discloses: components and systems for mounting fuel tanks to a vehicle and vehicle chassis are disclosed. An exemplary system includes a vertically oriented structure for mounting multiple fuel tanks to outboard brackets of a vehicle chassis.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NABIN KUMAR SHARMA whose telephone number is (703)756-4619. The examiner can normally be reached Mon - Friday: 8:00am - 5 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Koppikar, Vivek can be reached on (571) 272-5109. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NABIN KUMAR SHARMA/Examiner, Art Unit 3612
/VIVEK D KOPPIKAR/Supervisory Patent Examiner
Art Unit 3612
September 4, 2026
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