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
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, 5, and 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by the Matsushita reference (US Patent Publication No. 2020/0212764).
4. Regarding claim 1, the Matsushita reference discloses:
a chassis assembly (FIG. 1) for a generator set (1), comprising:
a frame (2);
a fuel tank (3) disposed in the frame (FIG. 1), the fuel tank (3) comprising a top surface (31); and
at least one crossmember (36) disposed at least partially in the fuel tank (3) (FIG. 3), the at least one crossmember comprising:
a top plate (FIG. 3—top surface of (36)) disposed level with or below the top surface of the fuel tank (3) (FIG. 3); and
a sidewall (FIG. 3—vertical surface of (36)) disposed at least partially in the fuel tank (3) (FIG. 3).
5. Regarding claim 5, the Matsushita reference further discloses: wherein the at least one crossmember comprises one or more openings disposed adjacent to the top plate of the at least one crossmember (FIG. 3).
6. Regarding claim 13, the Matsushita reference discloses:
a method of assembling a chassis assembly for a generator set (FIG. 1), wherein the chassis assembly comprises at least one crossmember (FIG. 3), the method comprising:
positioning at least a portion of the at least one crossmember (36) in a fuel tank (3), the at least one crossmember comprising:
a top plate (FIG. 3—top surface of (36)) forming a portion of a top surface of the fuel tank (FIG. 3—integral with);
a sidewall that extends from the top plate (FIG. 3—vertical surface of (36)), wherein the sidewall and the top plate define at least a portion of a channel (FIG. 3—receiving (6) and other parts inside (2)); and
a pocket extending from the top plate into the channel (FIG. 3—the area above the top plate that extends into the channel);
inserting at least a portion of the sidewall in the fuel tank (FIG. 3); and
coupling the at least one crossmember with a frame (2), the fuel tank disposed in the frame (2) (FIG. 1).
Claim Rejections - 35 USC § 103
7. 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.
8. Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over the Matsushita reference.
9. Regarding claim 10, the Matsushita reference fails to disclose:
wherein the at least one crossmember comprises one or more crossmembers disposed at least partially in the fuel tank. It would have been obvious to one having ordinary skill in the art by the effective filing date of the claimed invention to use wherein the at least one crossmember comprises one or more crossmembers disposed at least partially in the fuel tank, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. MPEP 2144.04 (VI-B).
Allowable Subject Matter
Claims 19-20 are allowed.
Claims 2-4, 6-9, 11-12, and 14-18 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.
Response to Arguments
Applicant's arguments filed May 26, 2026 have been fully considered but they are not persuasive. The Applicant argues that the crossmember (36) is not disposed at least partially in the fuel tank comprising a top plate disposed level with or below the top surface of the fuel tank and a sidewall disposed at least partially in the fuel tank. The Office traverses.
The fuel tank of the claim can be interpreted as the volume enclosed, particularly under a broadest reasonable interpretation analysis. Paragraphs [0040] and [0053-0054] support such an interpretation because the heat transfer is to the fuel in the tank volume contained. The Applicant itself admits to the fact—(36) is a boundary of the fuel tank not the actual fuel tank which is the volume. A fence defines a yard, it is not part of the yard. Accordingly, the claims are finally rejected.
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 nonprovisional extension fee (37 CFR 1.17(a)) 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLES J BRAUCH whose telephone number is (313)446-6511. The examiner can normally be reached Monday-Friday 9:00 AM to 6 PM.
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/CHARLES JOSEPH BRAUCH/
Examiner
Art Unit 3747
/LONG T TRAN/Primary Examiner, Art Unit 3747
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