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 .
Election/Restrictions
Claims 9-20 stand withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 8/13/2024.
Applicant also elected as species, fig. 4A, and argued that all claims are generic to the species.
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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.
Claim(s) 1-4, 6-8 and 21-23 are rejected under 35 U.S.C. 103 as being unpatentable over DE 10 2018 117 050 (or EP3593886A1) in view of Krauss (US 4,376,703).
Figures (particularly, figures 1-4) in this DE reference are self-explanatory. A first end endcap is clearly shown in fig. 2 at 3. The disposal container is accordion folded, and its first attached to the outside of the end cap, “firmly or detachably,” including “rivetted … or welded”– see [0019.] The examiner considers “firmly” as making it undetachable, or integral, which is implied in the description in [0019.] Rest of the claims fall in place as seen in the figures.
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First end is attached to the entire first end element – [0019]. Filter completely within the protective cover (disposal container) – [0016], [0043], and fig. 3: outer protective cover extends beyond the second end 4. Protective cover is a film tube – [0024]. Also it is up to the designer how far the sleeve end 6 goes beyond the filter media end 4. See [0016]: “The fastening of the second end of the protective cover is detachable so that the second end of the protective cover can be moved into a second position in which the part of the filter surface of the dirt side of the hollow cylinder which is located between the first and the second end element is completely within the protective cover.”
The bottom end in fig. 3 shows that the protective cover goes over the bottom 4, thus seals the entire filter within it. Making integral is prima facie obvious – Id. The second end of the disposal container is open, but can be closed when the filter is contained within. The second end 6 is releasably secured to the filter housing as claimed.
As discussed above, the disposal bag can completely enclose the filter within. Nonetheless, having the filter completely inside the disposal container to prevent any kind of spill would also have been obvious to one of ordinary skill in the art. See Krauss, which teaches a filter with a disposal container, accordion folded as in the DE reference. Krauss teaches having the filter element completely within the second end of the disposal container to contain the contaminants. It would have been obvious to one of ordinary skill in the art to have the filter media within the disposal container to have complete containment.
Argument traversing this rejection is not persuasive: the citation in the argument is from [0017], which is kind of picking and choosing as well, because applicant failed to cite the following line from the same paragraph: “… they cannot contaminate the air filter device or the ambient air because they are completely surrounded by the protective casing and the filter cartridge is therefore already sealed when removed from the air filter device.”
Claim(s) 1, 2 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Childress et al (US 5,623,755.)
Figure 2 of Childress is copied herein. It teaches a filter 17, and end cap 18 completely covering the first end of the filter, disposal container 33 fixedly coupled to the end cap at 26 with pegs 48 and locking groves 49 (see Fig. 5.) The disposal container sealably contains the filter as claimed.
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Childress does not teach the disposal container as integral with the endcap. However, making integral of detachable is prima facie obvious – see MPEP 2144.04.
The disposal container is a bag and is flexible – see col. 1, lines 28-30, and is tubular.
Response to Arguments
Applicant’s arguments with respect to claim(s) 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.
Conclusion
THIS ACTION IS MADE FINAL. 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 KRISHNAN S MENON whose telephone number is (571)272-1143. The examiner can normally be reached Flexible, but generally Monday-Friday: 8:00AM-4:30PM.
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, Vickie Kim can be reached on 5712720579. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KRISHNAN S MENON/ Primary Examiner, Art Unit 1777
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