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 § 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.
Claim 1 is rejected under 35 U.S.C. 102 (a) as being anticipated by JP 2013-137035A (hereinafter JP’ 035). JP’ 035 discloses a conventional diagnostic apparatus for an engine system (2), the diagnostic apparatus comprising: an engine; a fuel tank (2) that stores fuel for the engine, the fuel tank including a tank body portion in which the fuel is stored, and in which a tank internal pressure sensor is provided, a fuel introduction pipe communicating with the tank body portion, and a check valve for restricting backflow of the fuel from the tank body portion to the fuel introduction pipe while allowing introduction of the fuel from the fuel introduction pipe into the tank body portion (See [0065]); a canister (18) that adsorbs fuel vapor generated in the fuel tank; a vapor passage communicating the fuel tank with the canister; a purge passage communicating an intake passage of the engine with the canister; a sealing valve that opens and closes the vapor passage; a purge valve that opens and closes the purge passage (See [0069]); a canister internal pressure sensor that detects canister internal pressure that is internal pressure of the canister; a tank internal pressure sensor (42) that detects tank internal pressure that is internal pressure of the fuel tank; a decompression pump that reduces the canister internal pressure to be lower than atmospheric pressure; a determination unit that determines whether the tank internal pressure is no lower than the atmospheric pressure in a state in which the engine is stopped and a valve closing command is issued to the sealing valve; a canister leak diagnostic unit that performs leak diagnosis of the canister when an affirmative determination is made by the determination unit; and a tank leak diagnostic unit that performs leak diagnosis of the fuel tank, based on at least one of the canister internal pressure and the tank internal pressure after starting operation of the decompression pump in a state in which a valve closing command is issued to the purge valve and a valve opening command is issued to the sealing valve, when diagnosis is made that there is no leak in the canister (See abstract and [0086] [0087] [0088] [0089]).
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Allowable Subject Matter
Claims 2-4 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN KWON whose telephone number is (571)272-4846. The examiner can normally be reached M-F; 9A-5P. EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Phuttiwat Wongwian can be reached at 571-270-5426. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOHN KWON/Primary Examiner, Art Unit 3747 June 27, 2026
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