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 § 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.
Claims 14-17 are rejected under 35 U.S.C. 103 as being unpatentable over CN-110171480 in view of Ijaz et al (U.S. 8,056,928).
Regarding claims 14, and 16-17, CN-110171480 discloses a method of supporting battery pack for a vehicle, comprising: coupling a first support element (4) and second support element (100), respectively, to the battery pack (20) to form a support system (4, 100); forming a frame (1, (2) for the vehicle by connecting two side members (1, 2), at least one cross member (3, 64), the battery pack (20), and the support system (4, 100); and connecting the first support element (4) to the respective cross member (3) via a moveable connection (43); wherein the supporting the battery pack comprises configuring the frame (1, 2) with the first support element (fig. 3 shows the bracket 4 toward a rear end of the frame 1, 2) toward a rear of the frame and the second support element (fig. 2 shows the mounting bracket 100 toward the front of the frame 1, 2) toward a front of the frame; wherein the first and second support elements (4, 100) are situated perpendicular to a longitudinal axis of the frame (1, 2)
CN-110171480 discloses the system for supporting the battery pack for vehicle but not an alternative fuel module.
Ijaz teaches the system for supporting an alternative fuel module (14).
It would have been obvious to one having ordinary skill in the art before the effective filling date of the invention to modify CN-110171480 by replacing the battery pack of CN-110171480 with the fuel module as taught by Ijaz to provide a fuel storage system that can utilize a single fuel storage tank, thereby providing a weight reduction over multiple tank systems.
Regarding claim 15, CN-110171480 discloses the system, wherein the second support element (100) is connected to the side members (1, 2) via a connection (200). CN-110171480 does not explicitly disclose the connection (200) is elastic. It would have been obvious to one having ordinary skill in the art before the effective filling date of the invention to make the connection (200) by steel in order to provide an elastic connection, since it have been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice.
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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 6-7 of U.S. Patent No. 12,371,101. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1 and 6-7 of U.S. Patent No. 12,371,101 read on the instant application as recited in claim 1.
Allowable Subject Matter
Claims 2-13 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.
The following is an examiner’s statement of reasons for allowance:
Regarding claims 2-6, the prior art either alone or in combination fails to disclose teach or suggest a vehicle having a frame, comprising: two side members; an alternative fuel module; and a support system comprises a first support element and a second support element fixedly connected to the alternative fuel module via a respective coupling portion, wherein the second support element comprises the cross member, a pair of lateral elements, and an intermediate member, wherein the lateral elements comprise, respectively, a cantilevered support portion, a flanged portion, and a fixing portion, and wherein the fixing portion is fixed to the side member and supports the flanged portion; wherein the fixing portion comprises a hollow shape and circumferentially extends around the flanged portion.
Regarding claims 7-12, the prior art either alone or in combination fails to disclose teach or suggest a vehicle having a frame, comprising: two side members; an alternative fuel module; and a support system comprises a first support element and a second support element fixedly connected to the alternative fuel module via a respective coupling portion, wherein the second support element comprises the cross member, a pair of lateral elements, and an intermediate member, wherein the lateral elements comprise, respectively, a cantilevered support portion, a flanged portion, and a fixing portion, and wherein the fixing portion is fixed to the side member and supports the flanged portion; wherein the intermediate member comprises a coupling plate and a pair of reinforcing plates.
Regarding claim 13, the prior art either alone or in combination fails to disclose teach or suggest a vehicle having a frame, comprising: two side members; an alternative fuel module; and a support system comprises a first support element and a second support element fixedly connected to the alternative fuel module via a respective coupling portion, wherein the second support element comprises the cross member, a pair of lateral elements, and an intermediate member, wherein the lateral elements comprise, respectively, a cantilevered support portion, a flanged portion, and a fixing portion, and wherein the fixing portion is fixed to the side member and supports the flanged portion; wherein the second support element supports the alternative fuel module and the first support element absorbs torques caused by the frame.
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
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/TOAN C TO/Primary Examiner, Art Unit 3614 November 10, 2025