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 .
Priority
Applicant’s claim for the benefit of a prior-filed application (371 of PCT/FI2020/050166, filed 17 March 2020) under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 09 September 2025 has been entered.
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) 28-42 is/are rejected under 35 U.S.C. 103 as being unpatentable over BONN (US 2010/0163476 A1) in view of HARA et al. (US 2013/0043175 A1).
Regarding Claim 28, BONN discloses a “deviation element” 12 fitted into a filter plate 1 outlet 8 via a spout 13 and comprising a cover plate 15. The spout 13 includes tubular outlet channels 10 that—in one direction—extend parallel to each other in the outlet direction 9 perpendicular to the separation plane of the filter plate, and—in another direction lead to inlet openings 14 aligned in parallel to one another and parallel to the separation plane; the cover plate 15 extends across the inlet openings 14 (p0024-0025; FIGs. 1 and 3).
The BONN-disclosed cover plate 15 reads on the claimed planar base having a generally flat side, defining an outer side of the outlet cover, and an opposite side, defining an attachment side of the outlet cover. The limitation “to be attached against a diaphragm filter plate assembly” is directed toward an intended use of the claimed outlet cover and has no bearing on the patentability of the outlet cover. Further, the BONN-disclosed spout 13 reads on the claimed flow deflector fixed to and an integral part of the outlet cover, the flow deflector protruding perpendicularly for a distance from the attachment side of the outlet cover; the outlet channels 10 and inlet openings 14, in their perpendicular and parallel orientations with respect to the separation plane, respectively, read on the claimed conduit for deflecting a flow from a transverse chamber side of the outlet cover perpendicularly towards the attachment side, and vice versa.
BONN is deficient in disclosing one or more first attachment pins protruding perpendicularly for a distance from the attachment side of the outlet cover; wherein at least a radially extendable portion is provided on each of the first attachment pins, so as to allow the extendable portion to radially deform away from a remaining shell portion of the first attachment pin by a radial force exerted on the extendable portion from a hollow inside of the first attachment pin, and wherein each of the one or more first attachment pins are fixed and an integral part of the outlet cover; wherein each of the one or more first attachment pins is spaced apart from the flow deflector, and wherein each of the one or more first attachment pins has a hollow shell, the inside of which opens at least towards the outer side, through the base.
[AltContent: textbox (Filter plate)][AltContent: textbox (Outlet slot)][AltContent: textbox (Spout)][AltContent: textbox (Outlet channel)][AltContent: textbox (Spout)][AltContent: textbox (Inlet opening)][AltContent: textbox (Cover plate)][AltContent: textbox (5 Chamber side)][AltContent: textbox (Spout)][AltContent: textbox (Inlet opening)][AltContent: textbox (Outlet channel)][AltContent: textbox (Cover plate)][AltContent: textbox (Deviation element)]
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HARA discloses a fastener device for attaching a filter cloth to a liquid supply plate of a filter press (abstract; p0007-0008). The fastener 19 comprises multiple flexible elastic legs (elastic deformation portions) 21 provided perpendicularly to a head flange 20 with a locking claw 22 formed at a tip portion of each elastic leg 21; each locking claw 22 is formed by causing the tip of the elastic leg 21 to protrude outward to engage with a fastening member 23 (p0042; FIGs. 5 and 8). To secure an undiluted-liquid supply plate 6 between a pair of filter cloths 1, fastener 19 is configured to be inserted via a through hole 18 of the undiluted-liquid supply plate 6 such that the head flange 20 and locking claws 22 and fastening member 23 are seated in inclined concave grooves 17 (p0043; FIG. 8). As further shown in FIG. 3, multiple through holes 18 in the undiluted-liquid supply plate 6 are located away from the path 8 for liquid to pass through (FIG. 3, p0042).
The HARA-disclosed multiple flexible elastic legs read on the claimed one or more first attachment pins protruding perpendicularly for a distance from the attachment side of the outlet cover; and the unlabeled hollow portion between the multiple flexible elastic legs reads on the claimed remaining shell portion of the first attachment pin and hollow inside of the first attachment pin and each of the one or more first attachment pins has a hollow shell, the inside of which opens at least towards the outer side, through the base. The disclosed locking claw 22 reads on the claimed radially extendable portion is provided on each of the first attachment pins, so as to allow the extendable portion to radially deform away from a remaining shell portion of the first attachment pin by a radial force exerted on the extendable portion from a hollow inside of the first attachment pin. Further, the HARA-disclosed through holes 18 of the undiluted-liquid supply plate 6—which is distinctly separate from the liquid path 8—reads on the limitation that each of the one or more first attachment pins is spaced apart from the flow deflector.
[AltContent: textbox (Undiluted-liquid supply plate)][AltContent: textbox (Through hole)][AltContent: textbox (Undiluted-liquid path)][AltContent: textbox (Through hole)][AltContent: textbox (Elastic leg)][AltContent: textbox (Groove)][AltContent: textbox (Fastening member)][AltContent: textbox (Fastener)][AltContent: textbox (Undiluted-liquid supply plate)][AltContent: textbox (Filter cloth)][AltContent: textbox (Filter cloth)][AltContent: textbox (Elastic leg)][AltContent: textbox (Locking claw)][AltContent: textbox (Fastener)][AltContent: textbox (Head flange)]
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Such a fastener design advantageously prevents the undiluted-liquid supply plate 6 from being loosened from or falling off of the filter cloths 1 (p0043), prevents damage to filter plates, diaphragms, and filter cloths (p0008), and even further enables the easy attachment, detachment, and maintenance of a filter press (p0007). Thus, prior to the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to provide for an outlet cover one or more first attachment pins as disclosed by HARA for the cover plate disclosed by BONN.
Regarding the limitation “each of the one or more first attachment pins are fixed and an integral part of the outlet cover”, claims to a device with integral or fixed parts is a matter of engineering choice obvious to one of ordinary skill in the art. In re Larson, 340 F.2d 965, 968, 144 USPQ 347, 349 (CCPA 1965) (A claim to a fluid transporting vehicle was rejected as obvious over a prior art reference which differed from the prior art in claiming a brake drum integral with a clamping means, whereas the brake disc and clamp of the prior art comprise several parts rigidly secured together as a single unit. The court affirmed the rejection holding, among other reasons, "that the use of a one piece construction instead of the structure disclosed in [the prior art] would be merely a matter of obvious engineering choice.").
Regarding Claim 29, modified BONN makes obvious the outlet cover of Claim 28. As shown in FIG. 5 of HARA, locking claw 22 is provided at a distal portion from the head flange 20 of the fastener 19 (i.e., wherein the radially extendable portin of each of the one or more first attachment pins is provided at a distal portion of the first attachment pin).
Regarding Claim 30, modified BONN makes obvious the outlet cover of Claim 28. HARA further discloses an alternative embodiment of the fastener in FIGs. 13A and 13B wherein fastener 49 comprises an insertion hole 50a in the head of flange 50 of the fastener such that a male member 55 is inserted to freely expand elastic legs 51 of the fastener to secure the fastener to the undiluted-liquid supply plate 6 by pressure contact (i.e., wherein the inside of the hollow shell additionally opens towards the attachment side; p0048). This advantageously allows for the easy detachment of the liquid supply plate from the filter cloths (p0048, bottom). Thus, prior to the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to provide for the hollow shell to open towards the attachment side as disclosed by HARA for the outlet cover of BONN.
[AltContent: textbox (Male member)][AltContent: textbox (Fastener)][AltContent: textbox (Insertion hole)][AltContent: textbox (Elastic leg)][AltContent: textbox (Head flange)]
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Regarding Claim 31, modified BONN makes obvious the outlet cover of Claim 29. HARA further discloses an alternative embodiment of the fastener in FIGs. 13A and 13B wherein fastener 49 comprises an insertion hole 50a in the head of flange 50 of the fastener such that a male member 55 is inserted to freely expand elastic legs 51 of the fastener to secure the fastener to the undiluted-liquid supply plate 6 by pressure contact (i.e., wherein the expandable portion is formed partially separated from the remaining shell portion of the first attachment pin, so as to allow the extendable portion to radially deflect away from the remaining shell portion by a radial force exerted on the extendable portion from the hollow inside of the first attachment pin; p0048). This advantageously allows for the easy detachment of the liquid supply plate from the filter cloths (p0048, bottom). Thus, prior to the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to provide for the instantly claimed limitation as disclosed by HARA for the outlet cover of BONN.
Regarding Claims 32 and 33, modified BONN makes obvious the outlet cover of Claim 28. HARA is further interpreted in FIGs. 5 and 8 such that the flexible elastic leg 21 of the fastener 19 includes a “cut-out” that extends distally from the head flange 20 along the axial length of the elastic leg and radially inward such that the locking claw 22 is formed at the distal end (i.e., wherein the radially extendable portion of each of the one or more first attachment pins is at least partially separated from the remaining shell portion by at least one cut-out extending radially along the shell and axially along the first attachment pin (Claim 32); wherein the at least one cut-out extends from a distal end of each of the one or more first attachment pins towards the planar base (Claim 33)).
Regarding Claim 34, modified BONN makes obvious the outlet cover of Claim 28. HARA further discloses that as the fastener 19 is inserted into the through hole 18, the fastener is deformed (i.e., “compressed inward”) due to the radially wider locking claw 22 (i.e., wherein each of the one or more first attachment pins has an inner diameter decreasing towards a distal end thereof; p0043).
Regarding Claim 35, modified BONN makes obvious the outlet cover of Claim 28. As shown in FIGs. 1 and 3 of BONN, the cover plate 15 (i.e., the base of the outlet cover) extends from spout 13 (i.e., the flow deflector) for a distance towards the transverse side of the cover plate.
Regarding Claim 36, modified BONN makes obvious the outlet cover of Claim 35. As shown in FIG. 3 of HARA, the through holes 18 in which the fastener 19 (i.e., first attachment pin) is inserted is in the same plane as the liquid path holes 8 of the undiluted-liquid supply plate 6. The BONN-disclosed deviation element 12 for filter plates 1 is inserted via spout 13 into such liquid path holes envisioned by HARA. As such, the combined teachings of HARA and BONN makes obvious the instantly claimed limitation of wherein the one or more first attachment pins are arranged aligned with the flow deflector, on the chamber side with respect thereto.
Regarding Claim 37, modified BONN makes obvious the outlet cover of Claim 28. BONN further shows in FIG. 3 that the spout 13 of the deviation element 12 contains intersecting perpendicular-aligned outlet channels 10 and parallel-aligned inlet openings 14 (with respect to the separation plane of the filter plate). This entails some degree of curvature between each outlet channel 10 and inlet opening 14 (i.e., wherein the conduit of the flow deflector comprises a curved deflection surface for deflecting a flow from the transverse chamber side perpendicularly towards the attachment side, and vice versa).
Regarding Claim 38, modified BONN makes obvious the outlet cover of Claim 28. BONN further shows in FIG. 1 that the spout 13 of the deviation element 12 contains intersecting outlet channels 10 and inlet openings 14. The inlet openings 14 are open via outlet slot 20 towards the filtrate side 17 (i.e., the attachment side), and the outlet channels 10 are open towards the chamber side 7 (i.e., the transverse chamber side).
Regarding Claim 39, modified BONN makes obvious the outlet cover of Claim 28. BONN further shows in FIG. 3 that each pair of intersecting outlet channel 10 and inlet opening 14 in the spout 13 of the deviation element 12 (i.e., the flow deflector) are laterally separated from each other with one or more intermediate walls as claimed.
Regarding Claim 40, modified BONN makes obvious the outlet cover of Claim 28. HARA further shows in FIG. 3 that multiple through holes 18 are located on the undiluted-liquid supply plate 6 to receive multiple fasteners 19 (i.e., wherein the outlet cover comprises one or more second attachment pins protruding perpendicularly from the attachment side of the outlet cover).
Regarding Claim 41, modified BONN makes obvious the outlet cover of Claim 40. HARA further discloses an alternative embodiment of the fastener in FIGs. 13A and 13B wherein fastener 49 comprises an insertion hole 50a in the head of flange 50 of the fastener such that a male member 55 is inserted to freely expand elastic legs 51 of the fastener to secure the fastener to the undiluted-liquid supply plate 6 by pressure contact (i.e., wherein the one or more second attachment pins are hollow having an inside open towards both the attachment side of the outlet cover and the outer side of the outlet cover, through the base; p0048). This advantageously allows for the easy detachment of the liquid supply plate from the filter cloths (p0048, bottom). Thus, prior to the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to provide for the instantly claimed limitation as disclosed by HARA for the outlet cover of BONN.
Regarding Claim 42, modified BONN makes obvious the outlet cover of Claim 40. The claimed “lateral sides of the flow deflector” has been interpreted in light of Applicant’s specification to be on the same “side” of the flow deflector from which the first attachment pins protrude perpendicularly. As shown in FIG. 3 of the disclosure, “second attachment pins 5” and “first attachment pins 3” both extend perpendicularly from the same side of the outlet cover 1. As such, the instantly claimed limitation “wherein the one or more second attachment pins are arranged on one or more lateral sides of the flow deflector” is broadly interpreted to require that the second attachment pins protrude perpendicularly from the same side of the flow deflector as the first attachment pins. In FIG. 3 of HARA, the through holes 18 in the undiluted-liquid supply plate 6 clearly “laterally” surround the central path 8 for liquid (i.e., the one or more second attachment pins are arranged on one or more lateral sides of the flow deflector).
Response to Amendments/Arguments
Applicant’s amendments filed 09 September 2025 have been fully considered.
Regarding the Claim Objections of Claims 28, 31, and 42, Applicant’s amendments are persuasive; these objections have been withdrawn.
Regarding the rejections of Claim(s) 28, 29, 32-40, and 42 under 35 U.S.C. 103 as being unpatentable over FRESENIUS (US 5,045,191) and Claim(s) 30, 31, and 41 under 35 U.S.C. 103 as being unpatentable over FRESENIUS (US 5,045,191) in view of HARA et al. (US 2013/0043175 A1), Applicant’s amendments are persuasive; these rejections have been withdrawn. However, upon further search and consideration, new grounds of rejection have been made for Claims 28-42 under 35 U.S.C. 103 as being unpatentable over BONN (US 2010/0163476 A1) in view of HARA et al. (US 2013/0043175 A1).
Applicant’s arguments filed 09 September 2025 have been fully considered but are not persuasive because they are directed to grounds of rejection that have been withdrawn. Therefore, the arguments are not commensurate in scope with the presently pending claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RYAN B HUANG whose telephone number is (571)270-0327. The examiner can normally be reached 9 am-5 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, In Suk Bullock can be reached on 571-272-5954. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Ryan B Huang/Primary Examiner, Art Unit 1777