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 .
Information Disclosure Statement
The listing of references in the specification is not a proper information disclosure statement. 37 CFR 1.98(b) requires a list of all patents, publications, or other information submitted for consideration by the Office, and MPEP § 609.04(a) states, "the list may not be incorporated into the specification but must be submitted in a separate paper." Therefore, unless the references have been cited by the examiner on form PTO-892, they have not been considered.
Claim Objections
Claims 4, 10, 14, and 19 are objected to because of the following informalities:
At claim 4, line 2: “spacing elements are arranged circumferentially” should read “spacing elements arranged circumferentially”;
At claim 4, line 2: “the opening of the filling nozzle” should read “an opening of the filling nozzle”;
At claim 10, line 2: “the opening of the filling nozzle” should read “an opening of the filling nozzle”;
At claim 14, lines 6-7: “which arranged circumferentially” should read “which are arranged circumferentially”;
At claim 19, line 1: “the spacing element is configured” should read “the plurality of spacing elements are configured”.
Appropriate correction is required.
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.
Claims 1-3, 6, 7, 10, 12, and 13 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pub. 2002/0074335 to Ono et al. (hereinafter, “Ono”) in view of DE-102016222498 to Mahler (hereinafter, “Mahler”).
Regarding claim 1, Ono discloses a tank apparatus for a motor vehicle (para. [0002]), the tank apparatus comprising: a tank (para. [0010]) having a filling nozzle (filler neck 4, Fig. 1) for filling the tank (para. [0010]); and a tank closure (closure 3, Fig. 1) for placement on the filling nozzle (filler neck 4) between an unclosed position (Figs. 4-5) and a closed position (Fig. 1), the tank closure (closure 3) including: a sealing element (upper sealing ring 10, Fig. 1) which forms a seal (para. [0026]) with respect to the filling nozzle (filler neck 4) when the tank closure (closure 3) is in the closed position (Fig. 1; para. [0026]), and a spacing element (lower seal ring 1, Fig. 1) which engages the filling nozzle (filler neck 4) when the tank closure (closure 3) is in the unclosed position (Figs. 4-5) to thereby prevent contact of the sealing element (upper sealing ring 10) with the filling nozzle (filler neck 4, see Figs. 4-5).
Ono does not expressly disclose a vacuum leak detection unit configured to identify inadequate leak-tightness of the tank by monitoring a reduced pressure in the tank.
Mahler teaches a similar tank apparatus for a motor vehicle comprising a tank having a filling nozzle, and a tank closure (Fig. 1; para. [0002] of translation attached to April 15, 2025 IDS). Mahler teaches a vacuum leak detection unit (para. [0012]). Mahler further teaches that the vacuum leak detection systems are known in the art and can detect a leak in the tank (paras. [0003], [0012]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the tank apparatus of Ono to add a vacuum leak detection unit as taught by Mahler for the purpose of detecting a leak in the tank, as recognized by Mahler (see paras. [0003], [0012]).
Regarding claim 2, Ono further discloses the spacing element (lower seal ring 1) comprises a resilient element (para. [0026]) against a force of which the sealing element (upper sealing ring 10) is brought into contact with the filling nozzle (filler neck 4, see Fig. 1) when the tank closure (closure 3) is in the closed position (Fig. 1).
Regarding claim 3, Ono further discloses the tank closure (closure 3) and/or the filling nozzle (filler neck 4) has a thread (internal thread 6 and/or external thread 8, Fig. 1) to enable placement of the tank closure in the closed position by screw attachment (para. [0025]).
Regarding claim 6, Ono further discloses the spacing element (lower seal ring 1) protrudes from the tank closure (closure 3) in the direction towards the filling nozzle (lower seal ring 1 protrudes radially outwardly, see Fig. 1).
Regarding claim 7, Ono further discloses the spacing element (lower seal ring 1) has a curvature (see Fig. 3) oriented radially outward (see Fig. 3) with respect to an opening (opening 5, Fig. 1) of the filling nozzle (filler neck 4).
Regarding claim 10, Ono further discloses the sealing element (upper sealing ring 10) comprises an annular seal (para. [0026]) which extends around the opening (opening 5, Fig. 1) of the filling nozzle (filler neck 4) when the tank closure (closure 3) is placed in the closed position (Fig. 1).
Regarding claim 12, Ono further discloses the tank apparatus comprises one or more additional sealing elements (lower seal ring 1) configured to form a seal (paras. [0029]-[0030]) with respect to the filling nozzle (filler neck 4) when the tank closure (closure 3) is in the closed position (Fig. 1).
Regarding claim 13, Ono further discloses the one or more additional sealing elements (lower seal ring 1) are configured to not form a seal (see Fig. 5) between the tank closure (closure 3) and the filling nozzle (filler neck 4) when the tank closure (closure 3) is in the unclosed position (see Fig. 3) so that there is no leak-tightness (para. [0030]) between the tank closure (closure 3) and the filling nozzle (filler neck 4).
Claims 1, 4, 6, 7, 10, 12-15, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over an alternative embodiment of Ono in view of Mahler. Note – these rejections are over the embodiment of Figures 6-7 of Ono and alternative interpretation of the reference, and are listed under a separate heading for clarity.
Regarding claim 1, Ono discloses a tank apparatus for a motor vehicle (para. [0002]), the tank apparatus comprising: a tank (paras. [0010], [0032]) having a filling nozzle (filler neck 4, Fig. 6) for filling the tank (para. [0010]); and a tank closure (closure 3, Fig. 6) for placement on the filling nozzle (filler neck 4) between an unclosed position (Fig. 7) and a closed position (Fig. 6), the tank closure (closure 3) including: a sealing element (upper sealing ring 10, Fig. 6) which forms a seal (para. [0032]) with respect to the filling nozzle (filler neck 4) when the tank closure (closure 3) is in the closed position (Fig. 6), and a spacing element (engagement projections 21, Figs. 6-7) which engages the filling nozzle (filler neck 4) when the tank closure (closure 3) is in the unclosed position (Fig. 7) to thereby prevent contact of the sealing element (upper sealing ring 10) with the filling nozzle (filler neck 4, see Fig. 7).
Ono does not expressly disclose a vacuum leak detection unit configured to identify inadequate leak-tightness of the tank by monitoring a reduced pressure in the tank.
Mahler teaches a similar tank apparatus for a motor vehicle comprising a tank having a filling nozzle, and a tank closure (Fig. 1; para. [0002] of translation attached to April 15, 2025 IDS). Mahler teaches a vacuum leak detection unit (para. [0012]). Mahler further teaches that the vacuum leak detection systems are known in the art and can detect a leak in the tank (paras. [0003], [0012]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the tank apparatus of Ono to add a vacuum leak detection unit as taught by Mahler for the purpose of detecting a leak in the tank, as recognized by Mahler (see paras. [0003], [0012]).
Regarding claim 4, Ono further discloses the tank closure (closure 3) comprises a plurality of spacing elements (engagement projections 21) are arranged circumferentially (see Figs. 6-7) around the opening (opening 5, Fig. 6) of the filling nozzle (filler neck 4) on the tank closure (closure 3) when the tank closure (closure 3) is in the closed position (Fig. 6).
Regarding claim 6, Ono further discloses the spacing element (engagement projections 21) protrudes from the tank closure (closure 3) in the direction towards the filling nozzle (engagement projections 21 protrude radially outwardly, see Fig. 6).
Regarding claim 7, Ono further discloses the spacing element (engagement projections 21) has a curvature (see Fig. 6) oriented radially outward (see Fig. 6) with respect to an opening (opening 5, Fig. 6) of the filling nozzle (filler neck 4).
Regarding claim 10, Ono further discloses the sealing element (upper sealing ring 10) comprises an annular seal (para. [0032]) which extends around the opening (opening 5, Fig. 6) of the filling nozzle (filler neck 4) when the tank closure (closure 3) is placed in the closed position (Fig. 6).
Regarding claim 12, Ono further discloses the tank apparatus comprises one or more additional sealing elements (lower seal ring 1) configured to form a seal (paras. [0032]-[0033]) with respect to the filling nozzle (filler neck 4) when the tank closure (closure 3) is in the closed position (Fig. 6).
Regarding claim 13, Ono further discloses the one or more additional sealing elements (lower seal ring 1) are configured to not form a seal (see Fig. 7) between the tank closure (closure 3) and the filling nozzle (filler neck 4) when the tank closure (closure 3) is in the unclosed position (see Fig. 7) so that there is no leak-tightness (paras. [0032]-[0033]) between the tank closure (closure 3) and the filling nozzle (filler neck 4).
Regarding claim 14, Ono discloses a tank apparatus for a motor vehicle (para. [0002]), the tank apparatus comprising: a tank (paras. [0010], [0032]) having a filling nozzle (filler neck 4, Fig. 6) for filling the tank (para. [0010]); and a tank closure (closure 3, Fig. 6) for placement on the filling nozzle (filler neck 4) between an unclosed position (Fig. 7) and a closed position (Fig. 6), the tank closure (closure 3) including a plurality of spacing elements (engagement projections 21, Figs. 6-7) which arranged circumferentially (see Figs. 6-7) around an opening (opening 5, Fig. 6) of the filling nozzle (filler neck 4) when the tank closure (closure 3) is in the closed position (Fig. 6) to engage the filling nozzle (filler neck 4) when the tank closure (closure 3) is in the unclosed position (Fig. 7).
Ono does not expressly disclose a vacuum leak detection unit configured to identify inadequate leak-tightness of the tank by monitoring a reduced pressure in the tank.
Mahler teaches a similar tank apparatus for a motor vehicle comprising a tank having a filling nozzle, and a tank closure (Fig. 1; para. [0002] of translation attached to April 15, 2025 IDS). Mahler teaches a vacuum leak detection unit (para. [0012]). Mahler further teaches that the vacuum leak detection systems are known in the art and can detect a leak in the tank (paras. [0003], [0012]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the tank apparatus of Ono to add a vacuum leak detection unit as taught by Mahler for the purpose of detecting a leak in the tank, as recognized by Mahler (see paras. [0003], [0012]).
Regarding claim 15, Ono further discloses a sealing element (upper seal ring 10, Fig. 6) which forms a seal (para. [0032]) with respect to the filling nozzle (filler neck 4) when the tank closure (closure 3) is in the closed position (Fig. 6).
Regarding claim 17, Ono further discloses the plurality of spacing elements (engagement projections 21) have a curvature oriented radially outward (see Fig. 6) with respect to the opening (opening 5) of the filling nozzle (filler neck 4).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Ono in view of Mahler as applied to claim 1 above, and in further view of U.S. Pub. 2003/0094455 to Pozgainer et al. (hereinafter, “Pozgainer”).
Regarding claim 5, Ono further discloses the spacing element (lower seal ring 1) comprises a resilient element (para. [0026]).
Ono as modified by Mahler does not expressly disclose the resilient element formed from spring sheet steel.
Pozgainer teaches a similar tank apparatus for a motor vehicle comprising a tank with a filling nozzle, and a tank closure (see Fig. 1). Pozgainer teaches an element which engages the filling nozzle (sealing ring 15). Pozgainer teaches that this element comprises a resilient element, preferably formed from spring steel (para. [0024]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the tank apparatus of Ono/Mahler to form the spacing element having a resilient element formed from spring sheet steel as taught by Pozgainer because Pozgainer teaches spring steel is a suitable material (para. [0024]) and the selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination (MPEP 2144.07).
Allowable Subject Matter
Claims 8, 9, 11, 16, 18, and 19 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.
Regarding claims 8 and 18, Ono does not expressly disclose the curvature of the spacing element causes movement of the spacing element radially outward when the tank closure axially approaches a shoulder of the filling nozzle in a direction towards the filling nozzle. Instead, the spacing element of Ono either moves radially inward (Figs. 1-5) or does not move in the radial direction (Figs. 6-7). It would not have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Ono to have the claimed arrangement without changing the principle of operation of that reference.
Regarding claims 9 and 19, Ono does not expressly disclose the spacing element is configured to engage the filling nozzle on a shoulder of the filling nozzle in such a manner that the spacing element is pressed radially outwards with respect to an opening of the filling nozzle to cause contact of the sealing element with the filling nozzle and form a seal with respect to the filling nozzle. Instead, the spacing element of Ono either moves radially inward (Figs. 1-5) or does not move in the radial direction (Figs. 6-7). It would not have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Ono to have the claimed arrangement without changing the principle of operation of that reference.
Regarding claim 11, Ono does not expressly disclose the tank apparatus comprises no additional sealing element which forms a seal between the tank closure and the filling nozzle. It would not have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Ono to have the claimed arrangement without changing the principle of operation of that reference.
Regarding claim 16, Ono does not expressly disclose the plurality of spacing elements comprise resilient elements formed from spring sheet steel against a force of which the sealing element is brought into contact with the filling nozzle when the tank closure is in the closed position. Pozgainer teaches spring steel, but does not teach a plurality of spacing elements arranged circumferentially. It would not have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Ono to have the claimed arrangement in combination with the other claim limitations.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
U.S. Pat. 6,508,374 to Griffin et al. discloses a tank apparatus comprising a tank having a filling nozzle and a tank closure, the tank closure including a sealing element and a spacing element (see Figs. 1-4).
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/LAURA E. PARKER/Primary Examiner, Art Unit 3733
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