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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on July 8, 2025 has been entered.
Information Disclosure Statement
The information disclosure statement (IDS) submitted is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Response to Amendment
This office action is responsive to the amendment filed on July 22, 2025. As directed by the amendment: claims 1 and 6 have been amended, claim 5 has been cancelled, and claim 25 has been added. Thus, claims 1-4, 6-10, 13, 15, 16, and 21-25 are presently pending in this application with claims 13, 15, and 16 presently withdrawn.
Response to Arguments
Applicant’s arguments, filed July 22, 2025, with respect to the 102(a)(1) rejection to claim 1 have been fully considered and are persuasive, specifically in regards to Gershon not teaching or disclosing the newly added claim limitation. The rejection of claim 1 and associated dependent claims has been withdrawn and the claims are allowed. The examiner notes that although claim 1 is allowed and claim 13 has been amended to include the added subject matter, it is the examiner’s opinion that the claim does not presently require all of the particulars of the allowed claim. For example, the method does not require the five flow paths. As such, the claims remain withdrawn.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gershon (US 5296137) in view of Martin (US 20120234757).
Regarding claim 25, Gershon discloses an in-line filter device (fig. 1), comprising:
a common inlet portion (manifold 178 in fig. 1);
an outlet portion (see below);
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a first filter mechanism (see above) comprising a first filter cover (see below from fig. 8) and a first filter housing (see below), wherein the first filter housing and the first filter housing cooperatively enclose a first filter volume (fig. 8);
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a first flow path defined between the common inlet portion and the first filter volume to provide fluid communication between the common inlet portion and the first filter volume (see above);
a second flow path defined between the first filter volume and the outlet portion to provide fluid communication between the first filter volume and the outlet portion (see above);
a first filter media disposed within the first filter volume (particulate bed 830 in fig. 8), wherein the first filter media permits flow from the first flow path to the second flow path and captures particulate from the flow (11:27-33),
a second filter mechanism (see below) comprising a second filter housing at least partially spaced apart from the first filter housing (the housing designated above of the second filter mechanism would be spaced apart from the first filter housing as shown in fig. 1);
a second filter cover at least partially spaced apart from the first filter cover (see above; the second filter cover would be spaced apart from the first filter cover as seen in fig. 1), wherein the second filter housing and the second filter cover cooperatively enclose a second filter volume separate from the first filter volume (fig. 8);
a fourth flow path defined between the common inlet portion and the second filter volume to provide fluid communication between the common inlet portion and the second filter volume (see above);
a fifth flow path defined between the second filter volume and the outlet portion to provide fluid communication between the second filter volume and the outlet portion (see above); and
a second filter media disposed within the second filter volume (particulate bed 830 in fig. 8), wherein the second filter media permits flow from the fourth flow path to the fifth flow path and captures particulate from the flow (11:27-33).
However, Gershon does not teach or disclose a first filter housing including a plurality of filter supports, wherein the plurality of filter supports define flow channels therebetween, wherein the flow channels defined by the plurality of filter supports allow fluid flow to enter the first filter media along a surface area of the first filter media.
Martin teaches an in-line filter device (fig. 1A) comprising a filter cover (section 101 in fig. 1A) and a filter housing (section 102 in fig. 1A) which includes a plurality of filter supports (ridges 12 in fig. 1A) which define flow channels therebetween (channels 12a in fig. 1A), wherein the flow channels defined by the plurality of filter supports allow fluid flow to enter the filter media along a surface area of the filter media (fig. 2B shows fluid entering filter 52 along a surface area of the filter).
Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to have modified both the first and second housing and covers of Gershon to be the first and second housing covers of Martin with the filter media of Gershon therebetween. This modification assists in directing fluid to the downstream outlet and supports the filter media against fluid pressure while preventing the downstream surfaces of the media from blocking the channels, as taught by Martin (paragraph 53).
Allowable Subject Matter
Claims 1-4, 6-10, and 21-24 are allowed over the prior art of record.
The following is an examiner’s statement of reasons for allowance: The claims in this application are allowed because the prior art of record fails to disclose either singly or in combination the claimed in-line filter device.
The closest prior art of record is Gershon.
Regarding independent claim 1, Gershon fails to teach among all the limitations or render obvious the claimed injection port with a sealable port and the claimed third flow path, in combination with the total structure and function as claimed.
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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Orth (US 20210023325) teaches a common inlet (242 in fig. 8) a first filter housing (246), a second filter housing (248), and a common outlet (254).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to COURTNEY FREDRICKSON whose telephone number is (571)270-7481. The examiner can normally be reached Monday-Friday (9 AM - 5 PM EST).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, BHISMA MEHTA can be reached at 571-272-3383. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/COURTNEY FREDRICKSON/Primary Examiner, Art Unit 3783
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