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 .
Election/Restrictions
Applicant's election with traverse of Claims 1-19 in the reply filed on 6/4/2026 is acknowledged. The traversal is on the ground(s) that the different inventions are inextricably intertwined. This is not found persuasive because the different inventions have different classifications, they require different searches, and they require different search strategies and techniques that would place an undue burden on the examiner.
The requirement is still deemed proper and is therefore made FINAL.
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 1-19 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 1 recites “a step portion designed such that the holding portion is spaced from the body structure as viewed in a vertical direction”. It is unclear what structure is intended by this language. There are numerous different possibilities and locations of the step portion as to why a space is created and it is unclear why the step portion would create a spacing.
Claim 9 recites “a side”. It is unclear what component the claimed side is part of.
Claim 16 recites the limitation "the planar lever arm" in line 6. There is insufficient antecedent basis for this limitation in the claim.
Claim 16 recites “on an end of which the inclined guide region is arranged”. It is unclear what component the end is located on.
Claim 16 recites “a step portion designed such that the holding portion is spaced from the body structure as viewed in a vertical direction”. It is unclear what structure is intended by this language. There are numerous different possibilities and locations of the step portion as to why a space is created and it is unclear why the step portion would create a spacing.
Claim 19 recites “a side”. It is unclear what component the claimed side is part of.
The remained of the office action is based on the examiner’s best understanding of the claims.
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, 3-10, 12-16 and 18-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wagner (US-20130192714-A1).
Wagner discloses:
1. A holder for a fuel filler neck on a motor vehicle (Fig. 4), the holder comprising: a fastening portion (a, see figure below labeled by examiner) configured to fasten the holder to a body structure of the motor vehicle; a holding portion (b) having an inclined guide region (c) and a spacer element (d); and a step portion (e) designed such that the holding portion is spaced from the body structure as viewed in a vertical direction.
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3. The holder of claim 1, wherein in an installed position, the fastening portion is configured to be oriented perpendicular to a sill of the motor vehicle, wherein the holding portion is arranged to extend parallel to the sill (depending on the motor vehicle).
4. The holder of claim 1, wherein the fastening portion is formed with a planar fastening region, in which there is a centrally arranged bore (f).
5. The holder of claim 1, wherein the step portion is formed as an angled transition piece, such that the step portion serves as a predetermined bending element (Fig. 5).
6. The holder of claim 1, wherein the step portion continues with a planar lever arm which is seamlessly adjoined by the holding portion (Fig. 4).
7. The holder of claim 6, wherein the holding portion has a guide arm which adjoins the planar lever arm and on an end of which the inclined guide region is arranged (Fig. 4).
8. The holder of claim 1, further comprising reinforcement elements (g) that are arranged in the holding portion.
9. The holder of claim 1, wherein the spacer element is fastened to a side situated opposite the inclined guide region (Fig. 4).
10. The holder of claim 1, wherein the spacer element is designed as a hollow profile (Fig. 4).
12. The holder of claim 1, wherein the spacer element has a longitudinal extent shorter than that of the holding portion (Fig. 4).
13. The holder of claim 1, wherein the holding portion has a holding region configured to be fixed with the fuel filler neck (Fig. 4).
14. The holder of claim 13, wherein the holding region has at least one holding clip and a holding bracket situated opposite the holding clip (each side of 5).
15. The holder of claim 1, wherein the holder is designed such that, when acted on by a gusset that engages under the holder, the holder bends in a direction of a surface on which the motor vehicle is standing, and the holder moves the spacer element arranged thereon such that the spacer element is situated between a transition region of the fuel filler neck and a connection region of a longitudinal member and a transverse member of the motor vehicle (par. 0034).
16. A holder for a fuel filler neck on a motor vehicle (Fig. 4), the holder comprising: a fastening portion (a) configured to fasten the holder to a body structure of the motor vehicle, wherein in an installed position, the fastening portion is oriented perpendicular to a sill of the motor vehicle, wherein the holding portion is arranged so as to extend parallel to the sill (based on motor vehicle); a holding portion (b) having an inclined guide region (c) and a spacer element (d), wherein the holding portion has a guide arm which adjoins the planar lever arm and on an end of which the inclined guide region is arranged (Fig. 4); and a step portion (e) designed such that the holding portion is spaced from the body structure as viewed in a vertical direction, wherein the step portion is formed as an angled transition piece, such that the step portion serves as a predetermined bending element, wherein the step portion continues with a planar level arm which is seamingly adjoined by the holding portion, and wherein the holding portion has a guide arm which adjoins the planar level arm (Fig. 4).
18. The holder of claim 16, further comprising reinforcement elements (g) that are arranged in the holding portion.
19. The holder of claim 16, wherein the spacer element is fastened to a side situated opposite the inclined guide region (Fig. 4).
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) 2, 11 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wagner (US-20130192714-A1) in view of Takahashi et al. (US-20040256522-A1).
Wagner disclose all the claimed limitations as show above wherein the spacer has a shape is longer than it is tall and wide and which is also wider than it is tall, and the holder has limbs one shorter than the other (Fig. 4), but fails to teach wherein the spacer is rectangular and the holder is L-shaped with mutually perpendicular limbs.
Takahashi teaches that it is known in the art to manufacture a holder with perpendicular components (Figs. 8-10).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have manufactured the components of Wagner to be perpendicular, as taught by Takahashi, such that the components were rectangular and L-shaped,, in order to connect the holder to different shaped surfaces and since such a modification would have been a change in size of an existing component. A change in size is generally recognized as being within the level of ordinary skill in the art.
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
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