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 .
Status of Claims
This office action is in response to the Amendments filed on February 24, 2025, claims 1 and 13 are amended; and claims 13-16 are still withdrawn. Currently, claims 1-10, 13-16, and 21-24 are still pending with claims 1-10 and 21-24 being further examined below.
Claim Rejections - 35 USC § 102
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 1-7, 9, 10, and 21-24 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gershon (US Pat. No. 5,296,137).
Claim 1. Gershon discloses an in-line filter device, comprising:
a common inlet portion (178)(Fig. 1);
an outlet portion (see annotated Fig. 1);
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a first filter housing (i.e., axial wall housing portion one of cartridges 100 and housing portion of cartridge 100 facing cap 160) defining a first filter volume (i.e., volume in the cartridge 100);
a first filter cover (i.e., housing portion of the cartridge 100 facing cap 150), wherein the first filter cover and the first filter housing cooperatively enclose the first filter volume (Fig. 1; col. 6, lines 42-45);
a first flow path (i.e., flow path from common inlet manifold 178 to volume in the cartridge 100) 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 (Fig. 1; i.e., when flow control valve 174 opens for flow into the cartridge 100);
a second flow path (i.e., flow path from volume in the cartridge 100 to identified outlet portion) defined between the first filter volume and the outlet portion to provide fluid communication between the first filter volume and the outlet portion (Fig. 1; i.e., when back pressure valve 176 opens for flow to identified outlet portion);
a first filter media (i.e., clay-filled axial-flow cartridge) disposed within the first filter volume, wherein the first filter media permits flow from the first flow path to the second flow path and captures particulate from the flow (col. 7, lines 4-6; see also col. 5, lines 12-29);
a second filter housing (i.e., axial wall housing of the other one of cartridges 100 and housing portion of the other cartridge 100 facing cap 160) spaced apart from the first filter housing by the common inlet portion (Fig. 1);
a second filter cover (i.e., housing portion of the other cartridge 100 facing cap 150) spaced apart from the first filter housing by the common inlet portion (Fig. 1), wherein the second housing and the second filter cover cooperatively defining a second filter volume (i.e., volume in the other cartridge 100) separated from the first filter volume (Fig. 1);
a fourth flow path (i.e., flow path from common inlet manifold 178 to volume in the other cartridge 100) 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 (Fig. 1; i.e., when flow control valve 174 opens for flow into the other cartridge 100);
a fifth flow path (i.e., flow path from volume in the other cartridge 100 to identified outlet portion) defined between the second filter volume and the outlet portion to provide fluid communication between the second filter volume and the outlet portion (Fig. 1; i.e., when back pressure valve 176 opens for flow to identified outlet portion);
a second filter media (i.e., clay-filled axial-flow cartridge) disposed within the second filter volume, wherein the second filter media permits flow from the fourth flow path to the fifth flow path and captures particulate from the flow (col. 7, lines 4-6; see also col. 5, lines 12-29).
Claim 2. Gershon discloses the in-line filter device of Claim 1, wherein the common inlet portion defines an inlet base (170) (Fig. 1).
Claim 3. Gershon discloses the in-line filter device of Claim 2, wherein the inlet base is configured to receive a modular inlet body (Fig. 1; col. 6, lines 45-50; i.e., conduits 170 receive fluid from common inlet manifold 178).
Claim 4. Gershon discloses the in-line filter device of Claim 2, wherein the inlet base is configured to receive a modular check valve member (i.e., since conduits 170 receive flow control valve 174, conduits 170 are capable of receiving a modular check valve member).
Claim 5. Gershon discloses the in-line filter device of Claim 1, further comprising: an injection port portion (i.e., inlet to shut-off valve 182 to bypass conduit 180); and a third flow path (i.e., flow path between inlet to shut-off valve 182 to the volume in the cartridge 100) defined between the injection port portion and the first filter volume to provide fluid communication between the injection port portion and the first filter volume (i.e., in fluid communication when flow valve 174 is opened for fluid into interior of the cartridge 100).
Claim 6. Gershon discloses the in-line filter device of Claim 5, wherein the injection port portion defines an injection port base (i.e., portion with inlet to shut-off valve 182 and shut-off valve 182).
Claim 7. Gershon discloses the in-line filter device of Claim 6, wherein the injection port base is configured to receive a modular injection port body (i.e., since inlet of shut-off valve 182 receives conduit 170, it is also capable of receiving a modular injection port body).
Claim 9. Gershon discloses the in-line filter device of Claim 1, wherein the first filter housing comprises a plurality of filter supports configured to engage the first filter media (i.e., axial wall housing portion and housing portion facing cap 160 engages with filter material in the cartridge 100).
Claim 10. Gershon discloses the in-line filter device of Claim 1, wherein Gershon does not explicitly disclose of vent port for cartridge 100. However, Gershon discloses cartridge 400 also installable in a system as illustrated in Fig. 1 with cartridges 100 (col. 7, lines 15-17), wherein the housing of cartridge 400 comprises apertures 422 in fluid communication with the filter volume in cartridge 400 (col. 7, lines 39-41). Therefore, Gerson discloses in the system of Fig. 1 with cartridges 400 instead of cartridges 100, the housing of cartridge 400 in place of the cartridge 100 defines a vent port (422) in fluid communication with the filter volume in the cartridge 400.
Claim 21. Gershon discloses the in-line filter device of Claim 1, wherein the second filter volume is spaced apart from the first filter volume (Fig. 1; i.e., the volume in the cartridge 100 and the other cartridge 100 are spaced apart).
Claim 22. Gershon discloses the in-line filter device of Claim 1, wherein the first filter volume is in fluid communication with the common inlet portion via a first filter inlet port (i.e., opening into the cartridge 100).
Claim 23. Gershon discloses the in-line filter device of Claim 22, wherein the second filter volume is in fluid communication with the common inlet portion via a second filter inlet port (i.e., opening into the other cartridge 100).
Claim 24. Gerson discloses the in-line filter device of Claim 1, wherein the first filter volume and the second filter volume are distinct from the common inlet portion (Fig. 1; i.e., volumes inside of each cartridge 100 is distinct from common inlet manifold 178)..
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.
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.
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.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Gershon (US Pat. No. 5,296,137).
Claim 10. Gershon discloses the in-line filter device of Claim 1, wherein Gershon does not explicitly disclose of vent port for cartridge 100. However, Gershon discloses cartridge 400 also installable in a system as illustrated in Fig. 1 with cartridges 100 (col. 7, lines 15-17), wherein the housing of cartridge 400 comprises a vent port (422) in fluid communication with the filter volume in cartridge 400 (col. 7, lines 39-41). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Gershon (US Pat. No. 5,296,137) in view of Cohen (US Pat. No. 5,906,743).
Claim 8. Gershon discloses the in-line filter device of Claim 1, but does not disclose that the first filter media comprises a hydrophilic material. However, Cohen also discloses an in-line filter device comprising clay as a filtering media (col. 4, lines 47-54) or a hydrophilic fiber (col. 5, lines 46-57) since both are known suitable adsorbent filtering material selectable for filter depending on the particular material to be filtered. Therefore, since both Gershon and Cohen are drawn to in-line filter devices, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Gershon with the feature of the filter media comprising a hydrophilic material as disclosed by Cohen since Cohen discloses that hydrophilic fiber material are known alternative suitable adsorbent filtering material to clay of Gershon. A skilled artisan would have recognized that such modification would be simple substitution of one known element (i.e., clay of Gershon) for another (i.e., hydrophilic material of Cohen) to obtain predictable results (i.e., filtering since Cohen discloses that both are suitable adsorbent filtering materials), see MPEP 2143(I)(B) for additional details.
Response to Arguments
With respect to the previous 35 U.S.C. 112(b) rejection, the amendments to the claim is considered sufficient to clarifying the previous confusion. Therefore, the previous 35 U.S.C. 112(b) rejection is hereby withdrawn.
Applicant’s arguments with respect to the amended claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. In particular, it is noted that Gershon is relied upon for disclose the amended limitation, see above for details.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENNA ZHANG whose telephone number is (571)270-5369. The examiner can normally be reached Monday-Thursday 9AM - 5PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Bhisma Mehta can be reached on 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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/JENNA ZHANG/Primary Examiner, Art Unit 3783
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