DETAILED ACTION
Non-Final Rejection
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 information disclosure statement (IDS) submitted on 16 January 2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
The abstract of the disclosure is objected to because the language should not repeat information given in the title, namely, the first sentence of the abstract. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
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.
Claims 1-10, 16-17, 29, and 41-42 are rejected under 35 U.S.C. 1029a)(1) as being anticipated by Gabrlik (U.S. Patent 4,732,188).
Regarding claim 1, Gabrlik discloses a fuel tank, comprising:
a tank 100, comprising:
a tank housing (of 100) defining a tank cavity (inside 100) configured to store a fuel therein; and
a port (100 at 18) defined in the tank housing in communication with the tank cavity; and
a venting system (FIG. 3), comprising:
a base 4 attached to the tank housing, wherein the base defines a base cavity (inside 18) in fluid communication with the tank cavity through the port; and
a relief housing 22 movably connected to the base, wherein the relief housing is movable between a first position (FIG. 3) and a second position (FIG. 4), wherein a sealed interface (at 26) is defined between the base and the relief housing when the relief housing is in its first position, wherein the relief housing comprises an open vent aperture (bottom of 22) in fluid communication with the base cavity, wherein gas may vent from the tank through the open vent aperture when the relief housing is in its first position, and wherein the sealed interface is unsealed when the relief housing is in its second position to expose a relief vent aperture (top of 4) in the base (FIG. 1-4; Col. 5 ln 44-Col. 6 ln 34).
Regarding claim 2, Gabrlik discloses the sealed interface comprises a seal extending around the base (FIG. 1-4; Col. 6 ln 9-16).
Regarding claim 3, Gabrlik discloses the relief housing comprises a cylindrical body 22 and a skirt (bottom of 24) extending from the cylindrical body, wherein the base is at least partially positioned in the cylindrical body (at 10), and wherein the seal is positioned intermediate the base and the skirt when the relief housing is in its first position (FIG. 3).
Regarding claim 4, Gabrlik discloses a spring 78 configured to bias the relief housing into its first position, wherein the spring biases the skirt into compression against the seal when the relief housing is in its first position (FIG. 3; Abstract).
Regarding claim 5, Gabrlik discloses a relief gap 12 is defined between the skirt and the seal when the relief housing is in its second position (FIG. 4; Col. 5 ln 45-67).
Regarding claim 6, Gabrlik discloses the skirt comprises:
an inwardly-facing surface (radially inner surface) facing toward the seal;
an outwardly-facing surface (radially outer surface) positioned opposite the inwardly-facing surface;
a proximal end (top of 24) connected to the cylindrical body; and
a distal end (bottom of the vertical portion of 24) including a flat surface (FIG. 1-4).
Regarding claim 7, Gabrlik discloses the base defines a longitudinal axis (vertical), wherein the base is configured to constrain the movement of the relief housing relative to the base along the longitudinal axis, and wherein the flat surface extends parallel to the longitudinal axis (FIG. 1-4).
Regarding claim 8, Gabrlik discloses the relief vent aperture is positioned intermediate the longitudinal axis and the skirt (FIG. 3-4).
Regarding claim 9, Gabrlik discloses the base comprises a connector (at 8) and a chamber wall (inside of 4), wherein the connector connects the base to the tank housing, wherein the chamber wall extends from the connector into the relief housing, and wherein the relief vent aperture is defined in the chamber wall (FIG. 3-4).
Regarding claim 10, Gabrlik discloses the relief vent aperture is intermediate the connector and the open vent aperture (FIG. 3-4).
Regarding claim 16, Gabrlik discloses the open vent aperture moves relative to the relief vent aperture when the relief housing moves between its first position and its second position (FIG. 3-4).
Regarding claim 17, Gabrlik discloses the base comprises a first detent (at 12 at the bottom of 10) configured to releasably hold the relief housing in its first position and a second detent (at 12 at the top of 10) configured to releasably hold the relief housing in its second position (FIG. 3-5).
Regarding claim 29, Gabrlik discloses a visual indicator (top of 22) that indicates the current position of the relief housing relative to the base (FIG. 3-5).
Regarding claim 41, Gabrlik discloses an actuator (internal pressure predetermined level) configured to move the relief housing from its first position to its second position (FIG. 3-4; Col. 9 ln 36-57).
Regarding claim 42, Gabrlik discloses A fluid tank, comprising:
a tank 100, comprising:
a tank housing (of 100) defining a tank cavity (inside 100) configured to store a liquid therein; and
a port (100 at 18) defined in the tank housing in communication with the tank cavity; and
a venting system (FIG. 3), comprising:
a base 4 attached to the tank housing, wherein the base defines a base cavity (inside 18) in fluid communication with the tank cavity through the port; and
a relief housing 22 movably connected to the base, wherein the relief housing is movable between a first position (FIG. 3) and a second position (FIG. 4), wherein a sealed interface (at 26) is defined between the base and the relief housing when the relief housing is in its first position, wherein the relief housing comprises an open vent aperture (bottom of 22) in fluid communication with the base cavity, wherein gas may vent from the tank through the open vent aperture when the relief housing is in its first position, and wherein the sealed interface is unsealed when the relief housing is in its second position to expose a relief vent aperture (top of 4) (FIG. 1-4; Col. 5 ln 44-Col. 6 ln 34).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
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 11 is rejected under 35 U.S.C. 103 as being unpatentable over Gabrlik in view of Tackett (U.S. Patent 7,204,394).
Regarding claim 11, Gabrlik discloses the claimed invention substantially as claimed, as set forth above in claim 9.
Gabrlik is silent regarding the chamber wall is entirely surrounded by the relief housing when the relief housing is in its first position, and wherein at least a portion of the chamber wall is not surrounded by the relief housing when the relief housing is in its second position.
However, Tackett teaches the chamber wall (top vertical, smaller diameter portion of 102) is entirely surrounded by the relief housing 104 when the relief housing is in its first position (FIG. 7), and wherein at least a portion of the chamber wall is not surrounded by the relief housing when the relief housing is in its second position (FIG. 6) (FIG. 6, 7).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing, to modify Gabrlik by making the relief housing completely surround the chamber wall, as taught by Tackett, for the purpose of providing protection to the interior of the venting system by allowing for the side of the relief housing to interact with any foreign substance when in the first position, thus preventing the interior components from prematurely wearing down.
Claims 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Gabrlik in view of Fry (U.S. Patent 7,980,269).
Regarding claim 12, Gabrlik discloses the claimed invention substantially as claimed, as set forth above in claim 9.
Gabrlik is silent regarding the chamber wall of the base has a first color and the relief housing has a second color that is different than the first color.
However, Fry teaches an exterior surface of an interior part 174 has a first color (reflective red) and the housing 178 has a second color that is different than the first color (FIG. 4; Col. 5 ln 32-46).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing, to modify Gabrlik by making the chamber wall of the base and the relief housing a different color, as taught by Fry, for the purpose of giving a more readily visible indication of the position of the valve as compared to the relative height of the plug.
Regarding claim 13, Gabrlik, as modified above, discloses the claimed invention substantially as claimed, as set forth above in claim 12.
Gabrlik/Fry further teaches the first color is not observable from outside of the venting system when the relief housing is in its first position, and wherein the first color is observable from outside of the venting system when the relief housing is in its second position (Fry FIG. 4; Col. 5 ln 32-46).
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Gabrlik in view of Hill (U.S. Patent 9,616,744).
Regarding claim 21, Gabrlik discloses the claimed invention substantially as claimed, as set forth above in claim 1.
Gabrlik is silent regarding the venting system further comprises a position sensor configured to sense the position of the relief housing relative to the base.
However, Hill teaches a position sensor 582 configured to sense the position of the relief housing relative 514 to the base (FIG. 5; Col. 10 ln 14-20).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing, to modify Gabrlik by adding a position sensor, as taught by Fry, for the purpose of providing a user the position of the cap when not being physically observed.
Claim 38 is rejected under 35 U.S.C. 103 as being unpatentable over Gabrlik in view of Vulkan (U.S. Patent Publication 2022/0105797).
Regarding claim 38, Gabrlik discloses the claimed invention substantially as claimed, as set forth above in claim 1.
Gabrlik is silent regarding the venting system further comprises a pressure sensor configured to measure the gas pressure in the venting system.
However, Vulkan teaches the venting system 100 further comprises a pressure sensor 310 configured to measure the gas pressure in the venting system (FIG. 2; Paragraph 121).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing, to modify Gabrlik by adding a pressure sensor, as taught by Vulkan, for the purpose of providing a user with relevant information during the operation of the venting system.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
David (U.S. Patent 8,171,955) discloses a venting system similar to the one disclosed in the present application.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER D BALLMAN whose telephone number is (571)272-9984. The examiner can normally be reached Mon-Fri 6:00-3:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Craig M Schneider can be reached at 571-272-3607. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER D BALLMAN/Examiner, Art Unit 3753
/MICHAEL R REID/Primary Examiner, Art Unit 3753
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