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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “coned disc spring”, alone or in combination with a helical spring, recited in claim 8, must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 4 and 11-20 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.
In claim 3, applicant claims a “second guide member”, which presumes that a first guide member is claimed. However, claim 3 does not include a first guide member. Therefore, it is not clear if claim 3 requires two guide members or only one guide member.
In claim 4, line 2, “the first guide member” lacks antecedent basis in the claim. The first guide member has antecedent in claim 2, but claim 4 does not depend on claim 2, so it is not clear if applicant intended for claim 3 and/or claim 4 to depend on claim 2.
In claim 11, “a first band member”, “a second band member”, and “a fastening device” constitute double inclusions of those terms since they were earlier recited in claim 1. The same is the case in claim 15.
In claim 18, line 22, “the first guide member” lacks clear antecedent basis in the claim, as discussed with respect to claim 4, above.
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.
Claims 11 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. Claims 11-20 are method claims that depend on an apparatus claim. Since methods are only limited to the claimed structure in as much structure is needed to carry out the method steps, method claim 11 fails to includes all of the limitations of the claims from which it depends as required by 112(d). 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
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.
Claim(s) 1-3 and 8-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN217396237 to Di et al.
Regarding claim 1, Di teaches fastening device for fastening a first and a second container (Hydrogen gas bottles stored in spaces 101 and 102 (Figure 1) to a structure of a vehicle (“gas bottle fixed on the vehicle body or frame”; page 1, first para of “Background”), the fastening device 420
Regarding claim 2, the guide arrangement comprises a first guide member, being provided with a through hole concentrically with the axis, wherein the second abutment extends around the through hole, and wherein the resilient compressible member and the holed member are arranged at least partially within the first guide member (holed member/nut at the lower end of the elongated member 421 is inside of first guide member 410, as seen in Figure 2).
Regarding claim 3, the guide arrangement of Di comprises a second guide member (downwardly curved portions of the bands 200, 300, on either side of the fastener 420, as seen in Figure 2), and wherein the displaceable member (flat, horizontal portions of bands 200, 300, positioned between the tops of binding members 200, 300, as broadly recited) is arranged at least partially within the second guide member.
Regarding claim 8, the resilient compressible member (spring 422) comprises a helical spring (helical spring, seen in Figures 1 and 2) and/or a coned-disc spring.
Regarding claim 9, the guide arrangement (flat surfaces of bands 200, 300, that connect to fastener 421) comprises at least two support surfaces each of which is configured for supporting one of the first and second containers (Figure 2).
Regarding claim 10, the holed member (nut that connects to the lower end of bolt fastener 421) is rotationally locked in relation to the guide arrangement 410 (the support frame 410 is welded with a nut”; page 5, first full paragraph).
Regarding claim 11, Di teaches a gas fuel storage assembly (hydrogen gas storage tanks mounted in areas 101 and 201, seen in Figure 2; page 4, fourth full paragraph); comprising; at least a first container and a second container configured for storing gas (hydrogen gas); a bracket 100, 600, 800
Regarding claim 12, Di teaches the guide arrangement 410 of the fastening device is secured to the bracket 100 between the first and second containers (Figure 2).
Regarding claim 13, Di teaches the first and second band members 200, 300, are connected to the bracket 110, 600, 800 (Figure 2).
Regarding claim 14, Di teaches a vehicle (“new energy vehicle”, see title, for example)
Regarding claim 15, Di teaches a method for assembly of a gas fuel storage assembly comprising at least a first container (at 101) and a second container (at 102) configured for storing gas, a bracket 100, 600, 800; a first band member 200, a second band member 300, and a fastening device 420th full paragraph; “support frame 410 and base member 100 are relatively fixed”, “the support frame 410 connected with the base”); positioning the first and second containers against the bracket 100 (Figure 2);th full paragraph); securing the first and second band members 200, 300, to the fastening device 420 and to the bracket 100 (Figure 2); and engaging the elongated member 421 of the fastening device 420 with the holed member (nut at the lower end of elongated member 421) of the fastening device 420
Regarding claim 16, the guide arrangement 410 comprises a first guide member (top horizontal surface of guide member 410, as seen in Figure 2), being provided with a through hole (fastener 421 extends through a hole in guide member 410) concentrically with the axis (vertical axis of fastener 421, as seen in Figure 2), wherein the second abutment extends around the through hole, and wherein the resilient compressible member 422 and the holed member (nut) are arranged at least partially within the first guide member 410 (the nut at the lower end of fastening bolt 321 is inside of first geode member 410).
Regarding claim 17, the guide arrangement of Di comprises a second guide member (downwardly curved portions of the bands 200, 300, on either side of the fastener 420, as seen in Figure 2), and wherein the displaceable member (flat, horizontal portions of bands 200, 300, positioned between the tops of binding members 200, 300, as broadly recited) is arranged at least partially within the second guide member.
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.
Claim(s) 4, 5, 18, and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Di et al. (CN217396237).
Regarding claims 4 and 18, Di lacks a distance member between the first guide member and the second guide member. However, it would have been a matter of obvious engineering design to provide a distance member, in the forms of a spacer or shim, between the guide members of Di, to properly space or adjust the spacing between the guide members, for optimal tensioning of the fastening device around the tanks.
Regarding claims 5 and 19, Di teaches a first abutment that is illustrated as a disc and that is described as a “retaining ring”, rather than a “sleeve” as claimed. However, it would have been a matter of obvious engineering design before the effective filing date of the claimed invention to configure the retaining ring as a sleeve rather than a disc, to provide reinforcement for the elongated member against bending or breakage.
Allowable Subject Matter
Claims 6 and 7 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.
Claim 20 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Suess, Norris, KR10-2023-0079585, CN118906803, Choi, and DE102017002211 teach tank fasteners.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Anne Marie M. Boehler whose telephone number is (571)272-6641. The examiner can normally be reached Monday-Friday, 8-5pm.
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/ANNE MARIE M BOEHLER/Primary Examiner, Art Unit 3611
/ab/
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