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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1 - 5 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12753727. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 1 of U.S. Patent No. 12753727 anticipate claims 1-5 of the current invention. Specifically, claim 1 of U.S. Patent No. 12753727 discloses all claimed limitations of claims 1-5 of the current invention and also discloses an additional valve disposed in the fuel tank. Since the subject matter of claims 1-5 of the claimed invention is a subset of the subject matter of claim 1 of U.S. Patent No. 12753727, claims 1-5 of the current application are anticipated by claim 1 of U.S. Patent No. 12753727.
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.
Claims 1,2, 4 and 5 are rejected under 35 U.S.C. 102(a)(1), (a)(2) as being anticipated by MIURA US 20210010432 A1 2021-01-14.
Regarding claim 1, A fuel tank processing apparatus comprising:
a discharge path through which gas discharged from a fuel tank is to flow (MIURA ¶29 discloses “The evaporated fuel processing device 1 is configured to process evaporated fuel F1 that has evaporated in the fuel tank 62.”);
a valve disposed in the discharge path (MIURA ¶30 discloses “The sealing valve 3 is provided in the first purge pipe 41 and includes a stepping motor 35 that acts as an actuator.”); and
a calculation controller configured to adjust an opening degree of the valve (MIURA ¶31 discloses “The controller 5 is configured to execute each of a sealing operation, a first purge operation (depressurizing operation) 501, a second purge operation 502, a third purge operation 503, and a learning operation 504.”),
wherein the calculation controller is configured to adjust the opening degree of the valve during supplying of fuel to the fuel tank based on a change in condition that occurs when an internal pressure of the fuel tank is reduced (MIURA discloses adjusting an opening degree based on a pressure drop during refueling, ¶108 “the first purge operation begins when an occupant of the vehicle 6 presses a refueling switch provided in the vehicle compartment prior to refueling the fuel tank 62 with the fuel F.”, ¶112 “Thereafter, the tank side pressure P1 is detected using the tank pressure sensor 44 (step S209), and it is determined whether or not the tank side pressure P1 has dropped below a predetermined pressure (step S210). ”¶82 “When the valve opening start amount K0 is added to the opening degree command amount K1 by the opening degree command unit 51, the opening degree command amount K1 can be used to proportionally change the opening degree of the sealing valve 3 from zero. Further, the valve opening start amount K0 can be regarded as an opening degree correction amount for correcting the opening degree command amount K1 with the opening degree command unit 51. The valve opening start amount K0, which is the opening degree correction amount, changes according to the pressure difference ΔP between the tank side pressure P1 and the canister side pressure P2. If the flow rate of the evaporated fuel F1 to be purged from the fuel tank 62 to the canister 2 is too small, it takes time to purge the evaporated fuel F1. Conversely, if this flow rate is too large, there is a concern that the evaporated fuel F1 is not sufficiently adsorbed by the adsorbent 22 and escapes through the pressure release port 213 of the canister 2. Therefore, the opening degree of the sealing valve 3 is appropriately set, and the flow rate of the evaporated fuel F1 passing through the sealing valve 3 is appropriately set. ”).
Regarding claim 2, MIURA further discloses wherein the calculation controller is configured to estimate a pressure drop in the discharge path based on the change in condition (MIURA discloses estimating a pressure difference , ¶110 “the starting pressure difference ΔPa is checked against the relationship map M as shown in FIG. 6, and the starting valve opening start amount Ka, which is the valve opening start amount K0 corresponding to the starting pressure difference ΔPa, is read from the relationship map M (step S204). Then, as shown in FIG. 5, the opening degree command amount K1 from the opening degree command unit 51 is used to calculate the corrected opening degree command amount K2 (step S205).”), and
adjust the opening degree of the valve based on the pressure drop (MIURA discloses opening the valve to meet the target flow using the corrected opening degree, ¶111 “Next, the corrected opening degree command amount K2 is transmitted from the opening degree command unit 51 to the stepping motor 35 of the sealing valve 3, and the first purge pipe 41 is opened by the sealing valve 3, … As a result, the evaporated fuel F1 flowing through the sealing valve 3 is controlled to flow at the target flow rate, and the evaporated fuel F1 is purged from the gas phase K in the fuel tank 62 to the canister 2 via the first purge pipe 41 (step S208). ”).
Regarding claim 4, MIURA further discloses wherein the calculation controller is configured to, in response to an operation for supplying the fuel (MIURA discloses starting the purge cycle in response to a refueling operation, ¶108 “the first purge operation begins when an occupant of the vehicle 6 presses a refueling switch provided in the vehicle compartment prior to refueling the fuel tank 62 with the fuel F.”),
open the valve to discharge the gas from the fuel tank to outside (MIURA discloses opening the value, ¶111 “Further, in response to a command received from the controller 5, the pressure release port 213 is opened by the open/close valve 23 of the canister 2 (step S207)”),
estimate a pressure drop in the discharge path based on the change in condition that occurs when the valve is opened (MIURA discloses estimating a pressure difference , ¶110 “the starting pressure difference ΔPa is checked against the relationship map M as shown in FIG. 6, and the starting valve opening start amount Ka, which is the valve opening start amount K0 corresponding to the starting pressure difference ΔPa, is read from the relationship map M (step S204). Then, as shown in FIG. 5, the opening degree command amount K1 from the opening degree command unit 51 is used to calculate the corrected opening degree command amount K2 (step S205).”), and
adjust the opening degree of the valve based on the pressure drop when the fuel is supplied to the fuel tank (MIURA discloses opening the valve to meet the target flow using the corrected opening degree, ¶111 “Next, the corrected opening degree command amount K2 is transmitted from the opening degree command unit 51 to the stepping motor 35 of the sealing valve 3, and the first purge pipe 41 is opened by the sealing valve 3, … As a result, the evaporated fuel F1 flowing through the sealing valve 3 is controlled to flow at the target flow rate, and the evaporated fuel F1 is purged from the gas phase K in the fuel tank 62 to the canister 2 via the first purge pipe 41 (step S208). ”).
Regarding claim 5, A fuel tank processing apparatus comprising:
a discharge path through which gas discharged from a fuel tank is to flow (MIURA ¶29 discloses “The evaporated fuel processing device 1 is configured to process evaporated fuel F1 that has evaporated in the fuel tank 62.”);
a valve disposed in the discharge path (MIURA ¶30 “The sealing valve 3 is provided in the first purge pipe 41 and includes a stepping motor 35 that acts as an actuator.”); and
circuitry configured to adjust an opening degree of the valve (MIURA discloses circuitry (a controller), ¶31 “The controller 5 is configured to execute each of a sealing operation, a first purge operation (depressurizing operation) 501, a second purge operation 502, a third purge operation 503, and a learning operation 504.”),
wherein the circuitry is configured to adjust the opening degree of the valve during supplying of fuel to the fuel tank based on a change in condition that occurs when an internal pressure of the fuel tank is reduced (MIURA discloses adjusting an opening degree based on a pressure drop during refueling, ¶108 “the first purge operation begins when an occupant of the vehicle 6 presses a refueling switch provided in the vehicle compartment prior to refueling the fuel tank 62 with the fuel F.”, ¶112 “Thereafter, the tank side pressure P1 is detected using the tank pressure sensor 44 (step S209), and it is determined whether or not the tank side pressure P1 has dropped below a predetermined pressure (step S210). ”¶82 “When the valve opening start amount K0 is added to the opening degree command amount K1 by the opening degree command unit 51, the opening degree command amount K1 can be used to proportionally change the opening degree of the sealing valve 3 from zero. Further, the valve opening start amount K0 can be regarded as an opening degree correction amount for correcting the opening degree command amount K1 with the opening degree command unit 51. The valve opening start amount K0, which is the opening degree correction amount, changes according to the pressure difference ΔP between the tank side pressure P1 and the canister side pressure P2. If the flow rate of the evaporated fuel F1 to be purged from the fuel tank 62 to the canister 2 is too small, it takes time to purge the evaporated fuel F1. Conversely, if this flow rate is too large, there is a concern that the evaporated fuel F1 is not sufficiently adsorbed by the adsorbent 22 and escapes through the pressure release port 213 of the canister 2. Therefore, the opening degree of the sealing valve 3 is appropriately set, and the flow rate of the evaporated fuel F1 passing through the sealing valve 3 is appropriately set. ”).
Allowable Subject Matter
Claim 3 would be allowable upon resolution of the nonstatutory double patenting rejection and if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is an examiner’s statement of reasons for allowance: The prior art of record does not teach or suggest adjusting the opening degree of a fuel tank discharge path valve based on a pressure drop of the discharge path that is estimated, based on a time spent to depressurize the fuel tank, the internal pressure of the fuel tank, and an amount of the fuel in the fuel tank .
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Beck US 20200399000 A1 discloses calculating a pressure drop of a deformable pipe fuel tank discharge path.
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/C.D.C./Examiner, Art Unit 2115
/PAUL B YANCHUS III/ Primary Examiner, Art Unit 2115 October 8, 2026
