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 § 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 24-26 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.
Claim 24 recites the limitation "the tank is mounted to the tank" in line 3. It is unclear how the tank can be mounted to itself.
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) 21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bonner (20120227863).
Regarding claim 21, Bonner discloses a fuel tank assembly, comprising: a tank (302) defining an interior volume, the tank including a top portion (302b) defining a handle (302h), a bottom portion (303b) opposite the top portion, and a middle portion (302a) extending between the top and bottom portions; a pump (310) operatively coupled to the tank, the pump having a pump outlet and a pump inlet, and wherein the pump inlet is fluidly coupled to the interior volume of the tank by an aperture (303) formed in the bottom portion of the tank; a hose (382) coupled to the pump outlet such that the hose is operable to receive fluid from the pump; a hose hanger (302c, 302g) operatively coupled to the tank and configured to retain the hose; and a first wheel (301) mounted to a first side of the bottom portion and a second wheel (301) mounted to a second side of the bottom portion that is opposite of the first side.
Allowable Subject Matter
Claims 30-40 are allowed.
Claims 22-23 and 27-29 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.
Claims 24-26 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: The closest prior art to the claimed invention is Bonner. Regarding claim 30, Bonner fails to teach or suggest an internal power source disposed in the hose hanger and operative to power the pump. Regarding claim 35, Bonner fails to teach or suggest a tray configured to retain at least one battery, the tray being removably provided within the cavity and being electrically connected to the pump.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DONNELL ALAN LONG whose telephone number is (571)270-5610. The examiner can normally be reached Mon - Fri 8AM-5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, PAUL DURAND can be reached at 571-272-4459. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DONNELL A LONG/Primary Examiner, Art Unit 3754
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