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 Objections
Claim 5 is objected to because of the following informalities: “wherein media guide comprises…” 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 1-17 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.
Claims 1 and 9 recite the limitation "the space" in the third line. There is insufficient antecedent basis for this limitation in the claim.
Claim 7 recites the limitation "The fuel tank of claim, wherein the spring comprises…" It is unclear from which claim claim 7 is to depend. For the purposes of examination, claim 7 will be interpreted as depending from claim 1.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 4 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 4 recites “The fuel tank of claim 1, wherein a plurality of springs are disposed in an angular array when viewed from above”, however it is unclear how this limits the tank of claim 1, since the plurality of springs could be attached or unattached, and include or not include the spring of claim 1, and located anywhere. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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) 1-4, 6, 7, and 9-14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent No. 10,000,328 (Leiss et al. hereinafter).
In re claim 1, with reference to Figs. 1 and 3-5, Leiss et al. discloses: A fuel tank (10), comprising: an outer shell (12); a media guide (60) disposed within the space at least partially defined by the outer shell (see Figs. 4 and 5), the media guide being configured to receive a media within cells (column 6, lines 24-29) of the media guide; a spring space (occupied by 30) disposed between the media guide and the outer shell; and a compressible spring (38) disposed within the spring space and connected between the outer shell and the media guide (column 5, lines 40-44).
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In re claim 2, with reference to the Figs. noted above, Leiss et al. discloses the claimed invention including wherein the outer shell (see Fig. 1 above) is cylindrical and the spring is compressible in a radial direction relative to the outer shell (column 5,l ines 40-44, and column 7, lines 47-57).
In re claim 3, with reference to the Figs. noted above, Leiss et al. discloses the claimed invention including wherein the spring space is free of media to allow for movement of the spring (see Fig. 7).
In re claim 4, with reference to the Figs. noted above, Leiss et al. discloses the claimed invention including wherein a plurality of springs are disposed in an angular array when viewed from above (see Fig. 5).
In re claim 6, with reference to the Figs. noted above, Leiss et al. discloses the claimed invention including wherein a cover (22/32/62 cooperate to separate spring space from media) disposed above the spring space and configured to prevent media from entering the spring space.
In re claim 7, with reference to the Figs. noted above, Leiss et al. discloses the claimed invention including wherein the spring comprises a corrugated shape (see Fig. 1 and 5.
In re claim 9, with reference to the Figs. noted above, Leiss et al. discloses: A method of operating a fuel tank system, comprising: providing a fuel tank comprising an outer shell; disposing a media guide within the space at least partially defined by the outer shell; providing a spring space between the outer shell and the media guide; and disposing a spring within the spring space (as in re claim 1).
In re claim 10, with reference to the Figs. noted above, Leiss et al. discloses the claimed invention including wherein disposing a cap within the fuel tank and above the spring space (cap as cover in re claim 6 above).
In re claim 11, with reference to the Figs. noted above, Leiss et al. discloses the claimed invention including wherein pouring media into the media guide while the cap prevents media from entering the spring space (column 6, lines 50-54).
In re claim 12, with reference to the Figs. noted above, Leiss et al. discloses the claimed invention including wherein radially expanding the media guide; and compressing the spring between the media guide and the outer shell (metals listed expand when heated, tank expected to be heated by environment or during collision during normal use of exteriorly mounted fuel tank of Leiss et al., see column 8, lines 30-33).
In re claim 13, with reference to the Figs. noted above, Leiss et al. discloses the claimed invention including wherein rigidly attaching the media guide to a base of the fuel tank (a degree of rigidity provided by bonding by welding, adhesive to prevent movement, column 6, lines 42-46).
In re claim 14, with reference to the Figs. noted above, Leiss et al. discloses the claimed invention including wherein a corrugated shape when viewed from above (as in re claim 7, see Fig. 7).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 5 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Leiss et al. as applied to claims 1 and 9 above, and further in view of US PG Pub No. 2017/0066320 (Choi et al. hereinafter).
In re claims 5 and 15, Leiss et al. discloses the claimed invention except wherein [the] media guide comprises a honeycomb shape when viewed from above.
However, with reference to Fig. 3 below, Choi et al. discloses wherein a partition (180) of a fuel tank is formed in a lattice or honeycomb shape (paragraph 0041).
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Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to have formed the partition of Leiss et al. in a particular shape, such as a lattice or honeycomb shape as taught by Choi et al., since the court held that the configuration of the claimed disposable plastic nursing container was a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed container was significant (MPEP 2144.04, IV, B). Please note that in the instant application, paragraphs 0012 and 0016, applicant has not disclosed any criticality for the claimed limitations.
Claim(s) 8, 16, and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Leiss et al. as applied to claims 1 and 9 above.
In re claims 8 and 17, Leiss et al. discloses the claimed invention including wherein the spring comprises a radially compliant structure (As in re claims 2 and 12 above).
Leiss et al. fails to disclose wherein the spring is made by three-dimensional printing.
However, In accordance to MPEP 2113, the method of forming the device is not germane to the issue of patentability of the device itself. Therefore, this limitation has not been given patentable weight. Please note that even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product, i.e. the radially compliant spring, does not depend on its method of production, i.e. three-dimensional printing. In re Thorpe, 227 USPQ 964, 966 (Federal Circuit 1985).
In re claim 16, Leiss et al. discloses the claimed invention except wherein the spring and the outer shell are integrally formed.
However, Leiss et al. does disclose wherein the spring and outer shell can be “bonded by welding, adhesive or other means to prevent movement and wear during normal use” (column 6, lines 42-46).
Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made to formed the spring and outer shell integrally, since it has been held that forming in one piece an article which has formerly been formed in two pieces and put together involves only routine skill in the art. Howard v. Detroit Stove Works, 150 U.S. 164 (1993). Please note that in the instant application, paragraph 0016, applicant has not disclosed any criticality for the claimed limitations.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW T KIRSCH whose telephone number is (571)270-5723. The examiner can normally be reached Mon-Fri, 9a-5p EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan Jenness can be reached at 571-270-5055. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANDREW T KIRSCH/ Primary Examiner, Art Unit 3733