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 1 and 2 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.
Claims 1 and 2 recite “an inner surface of a flow path of the liquid fuel”. It is unclear if the inner surface is part of the main body or if the inner surface is based on the liquid fuel.
Claims 1 and 2 recite the guide rib “extending parallel to the flow path formed on the inner surface of the flow path”. It is unclear if there is another flow path defined by the first claimed flow path.
Claim Rejections - 35 USC § 103
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 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) 1 and 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kubo et al. (US-20180105414-A1) in view of Song et al. (US-20190255939-A1).
Kubo discloses a capless fuel filler assembly (Fig. 6) configured to be attached to a distal end of a filler pipe extending from a fuel tank, the capless fuel filler assembly comprising: a main body (150) having a fuel filler through which a nozzle (FN) of a filler gun is inserted; and a pair of stopper ribs (160) that project inward from an inner surface of a flow path of a liquid fuel formed in the main body and that regulate an insertion depth of the nozzle (par. 0041, Fig. 9), wherein the pair of stopper ribs project inward toward each other (par. 0047), and a the shortest distance between the pair of stopper ribs is set to be smaller than an outer diameter of a distal end of the nozzle (Fig. 9).
Kubo fails to teach a flap valve for opening and closing the fuel filler, that is disposed in the main body such that the flap valve can be opened and closed, a guide rib configured to guide an insertion of the nozzle, the guide rib projecting in a direction intersecting a projecting direction of the pair of stopper ribs, and extending parallel to the flow path formed on the inner surface of the flow path, the guide rib has a front edge located in front of rear edges of the pair of stopper ribs in an insertion direction of the nozzle, and a height of the guide rib from the inner surface is a height in which an insertion of the nozzle is guided such that a portion of the distal end of the nozzle having a maximum width in the projecting direction abuts against the pair of stopper ribs.
Song teaches that it was known in the art to manufacture a fuel filler assembly with a flap valve (210) for opening and closing the fuel filler, that is disposed in the main body such that the flap valve can be opened and closed (par. 0029), a guide rib (225) configured to guide an insertion of the nozzle (par. 0031), the guide rib projecting in a direction intersecting a projecting direction inwardly extending portions, and extending parallel to a flow path (Fig. 2), the guide rib has a front edge located in front of rear edges of components attached to an inner surface of the main body (Fig. 2) , and a height of the guide rib from the inner surface is a height in which an insertion of the nozzle is guided such that a portion of the distal end of the nozzle having a maximum width in the projecting direction would abut against inner projecting portions (par. 0031, Fig. 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have manufactured the assembly with a flap valve, as taught by Song, in order to prevent unwanted items from being inserted.
It would have been obvious to one of ordinary skill in the art before the effective filing date to have manufactured the assembly with a guide rib, as taught by Song, in order to guide the nozzle of a filler gun toward a centered position.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEFFREY R ALLEN whose telephone number is (571)270-7426. The examiner can normally be reached 9:00 am - 5:00 pm, Monday-Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan Jenness can be reached at (571)270-5055. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JEFFREY R ALLEN/Primary Examiner, Art Unit 3733