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Claims 11 and 14 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species A and C, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 6/3/2025.
Response to Amendment
The amendment filed 10/16/2025 has been entered. Claims 1-25, 28, 35 and 40 remain pending in the application. The PTO-892 form and Search History form submitted as part of the 30 September 2025 non-final are applicable to the instant non-final office action
Claim Objections
Claim 10 is objected to because of the following informalities:
In Claim 10, “ The filter cartridge of claim 7 further including a second plurality of gussets” is inconsistent, as claim 7 does not contain a first plurality of gussets.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 2-10, 12, 13, 15, 20, 21, 25, and 35 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 2 recites “the valve member has a surrounding wall defining a through opening”
It is unclear whether surrounding wall is surrounding the valve member or surrounding and thereby defining a through opening.
Claims 3-10, 12-13, 15, and 35 depend on claim 2 and are also rejected.
Claim 6 recites “the valve arrangement”
There is no antecedent basis for this limitation.
Claims 7-10 depend on claim 6 and are also rejected.
Claims 15 and 35 recite “the flow tube”
There is no antecedent basis for this limitation.
For the sake of compact prosecution, Examiner interprets the flow tube to mean the central structure.
Claim 20 recites “the first axial side having a circumferential ridge projecting therefrom and spaced radially inboard from the outer rim; and(ii) the first axial side having a seal surface defining the seal portion between the outer rim and the ridge”.
There is no antecedent basis for the ridge
For the sake of compact prosecution, Examiner interprets this to mean a ridge.
Claims 21 and 25 depend on claim 20 and are also rejected.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-3, 5, 12, 15, 16, and 40 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US-20060219626-A1, hereinafter GMBH.
Regarding Claim 1, GMBH teaches a filter cartridge comprising:
(a) filter media arranged in a tubular shape (15 in Fig. 1) defining an open filter interior (40 in Fig. 1), the filter media having first and second opposite ends (top and bottom end, respectively, of 15 in Fig. 1);
(b) a first end cap secured to the first end of the filter media (26 in Fig. 1); the first end cap having an opening in communication within the open filter interior (14 in Fig. 1);
(c) a second end cap secured to the second end of the filter media (23 in Fig. 1);
(d) a central structure in the open filter interior extending away from the first end cap at least partially toward the second end cap (21 and/or 20 and/or 40 in Fig. 1); and
(e) an unbiased valve member within the open filter interior (29 in Fig. 1); the valve member being movable between a first position (29 in Figs. 2, 6, 8, and/or 9 )and a second position (29 in Fig. 1);
(i) the first position including the valve member covering (29 in Figs. 2, 6, 8, and/or 9) the opening of the first end cap (14 in Figs. 1); and
(ii) the second position including the valve member being spaced from the first end cap to expose (29 in Fig. 1) the opening of the first end cap (14 in Figs. 1).
Regarding Claim 2, GMBH teaches the valve member has a surrounding wall defining a through opening (annular wall defining through opening 14 in Fig. 1).
Regarding Claim 3, GMBH teaches the valve member is positioned to be radially constrained by the central structure (21 and/or 20 in Fig. 9).
Regarding Claim 5, GMBH teaches the central structure comprises a flow tube having a tube wall and flow conduit within the tube wall (20 in Fig. 1); the flow tube extending to the second end cap (20 extending to 23 in Fig. 1).
Regarding Claim 12, GMBH teaches the valve arrangement has a wedge-shaped member extending from the surrounding wall (central wedge in at least Fig. 6, 8, and/or 9).
Regarding Claim 15, GMBH teaches an inlet arrangement radially between an outer portion of a flow tube and an inner portion of the filter media (the grid of 20 in Fig. 1).
Regarding Claim 16, GMBH teaches the central structure comprises a rigid post (20 in Fig. 1).
Regarding Claim 40, GMBH teaches an in-tank filter assembly comprising:
(a) a tank (11 in Fig. 1); and
(b) a filter cartridge removably sealed within the tank (16 in Fig. 1); the filter cartridge comprising,
(i) filter media arranged in a tubular shape (15 in Fig. 1) defining an open filter interior (40 in Fig. 1), the filter media having first and second opposite ends (top and bottom end, respectively, of 15 in Fig. 1);
(ii) a first end cap secured to the first end of the filter media (26 in Fig. 1); the first end cap having an opening in communication within the open filter interior (14 in Fig. 1);
(iii) a second end cap secured to the second end of the filter media (23 in Fig. 1);
(iv) a central structure in the open filter interior extending away from the first end cap at least partially toward the second end cap (21 and/or 20 and/or 40 in Fig. 1); and
(v) an unbiased valve member within the open filter interior(29 in Fig. 1); the valve member being movable between a first position (29, visible in Figs. 2, 6, 8, and/or 9 )and a second position (29 in Fig. 1);
(A) the first position including the valve member covering (29 in Figs. 2, 6, 8, and/or 9) the opening of the first end cap (14 in Figs. 1); and
(B) the second position including the valve member being spaced from the first end cap to expose (29 in Fig. 1) the opening of the first end cap (14 in Figs. 1).
Claim(s) 1, 2-7, 9, 10, 12, 13, 15-25, and 40 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO-2016/028186, hereinafter ZUEV.
Regarding Claims 1 and 40 ZUEV teaches an in-tank filter assembly comprising:
a tank (at least 1 in Figs 1 and 3); and
a filter cartridge removably sealed within the tank (5 in Figs 1 and 3) comprising:
(a) filter media arranged in a tubular shape (6 in Figs 1 and 3) defining an open filter interior (any of at least 30 or 31 in Figs. 1 and 3), the filter media having first and second opposite ends (6 in Figs 1 and 3);
(b) a first end cap secured to the first end of the filter media (7 in Figs. 1 or 35 in Fig. 3); the first end cap having an opening in communication within the open filter interior (29 in Figs. 1 and 3; further pertaining to Fig. 3: “The protrusion 37 of the upper end cap 35 ends with support elements 39, between which are formed the windows for oil passage into the "clean" cavity 30”, p 5 ¶2);
(c) a second end cap secured to the second end of the filter media (8 in Fig. 1 or 36 in Fig. 3);
(d) a central structure in the open filter interior extending away from the first end cap at least partially toward the second end cap (any of at least 26 in Fig. 1; 38 and/or 39 in Fig 3; or 12, 24, 29, and/or 37 in Figs 1 and 3); and
(e) an unbiased valve member within the open filter interior (16 in Fig. 1 or in Fig. 3); the valve member being movable between a first position and a second position (A in Fig. 1 or in Fig. 3);
(i) the first position including the valve member covering the opening of the first end cap; and (ii) the second position including the valve member being spaced from the first end cap to expose the opening of the first end cap:
(“Unfiltered oil from the engine through the holes 4 (Fig. 1, 3) in the cover amplifier 3 enters a single oil distribution cavity 32. In the case of hot oil, its entire flow, deforming the anti-drain valve 16, enters the "dirty" cavity 31, is filtered, passing through the filter material 6, it enters a clean cavity 30 and, flowing through the passages 29, enters the engine lubrication system”, p 5 ¶4).
Regarding Claim 2 ZUEV teaches the valve member has a surrounding wall (at least 11 or 10 in Figs 1 and 3) defining a through opening (at least 17 or 30, respectively, in Figs 1 and 3).
Regarding Claim 3 ZUEV teaches the valve member (16 in Figs 1 and 3) is positioned to be radially constrained by the central structure (at least 12 in Figs 1 and 3; or 10 in Figs. 1 and 3; or 24 in Figs. 1 and 3)
Regarding Claim 4 ZUEV teaches the central structure (at least 12 in Figs 1 and 3; or 10 in Figs. 1 and 3; or 24 in Figs. 1 and 3) rests within the through opening of the valve member (12 rests within 17 in Figs 1 and 3; or 10, and/or 24 rest within 30 in Figs. 1 and 3).
Regarding Claim 5 ZUEV teaches the central structure comprises a flow tube having a tube wall (at least 10 in combination with 24 in Fig. 1) and flow conduit within the tube wall (29 in Fig. 1); the flow tube extending to the second end cap (26 in Fig. 1; “The lower end cover 8 has a central protrusion 26”, p 4 ¶8).
Regarding Claim 6 ZUEV teaches the valve arrangement includes:
(a) first and second opposite valve ends (16 in Figs. 1 and 3); and
(b) a plate circumscribing and radially extending from the surrounding wall (radial plate 11 of 16 in Figs. 1 and 3).
Regarding Claim 7 ZUEV teaches the plate (radial plate 11 of 16 in Figs. 1 and 3) is spaced from each of the first valve end (bottom end of 16 in Figs. 1 and 3) and second valve end (top end of 16 in Figs. 1 and 3); and the plate has a first axial surface and an opposite second axial surface (axial surfaces 11 and 10 in Figs. 1 and 3).
Regarding Claim 9 ZUEV teaches a first plurality of gussets extending upward and radially away from the first valve end to the first axial surface (12 in Fig 1).
Regarding Claim 10 ZUEV teaches a second plurality of gussets extending downward and radially away from the second valve end to the second axial surface (34 in Fig. 2).
Regarding Claim 12 ZUEV teaches the valve arrangement has a wedge-shaped member extending from the surrounding wall (radial plate 11 in Fig. 1).
Regarding Claim 13 ZUEV teaches further including a plurality of ribs extending from the wedge-shaped member to the surrounding wall (12 in Fig. 1).
Regarding Claim 15 ZUEV teaches an inlet arrangement radially between an outer portion of the central structure and an inner portion of the filter media (at least 13 in Fig. 1).
Regarding Claim 16 ZUEV teaches the central structure comprises a rigid post (26 in Fig. 1 or 38 in Fig. 3 or 24 in Figs 1 and 3).
Regarding Claim 17 ZUEV teaches the rigid post extends from the first end cap less than 50% of a length of the filter cartridge toward the second end cap (at least 24 in Fig. 1 and in Fig. 3).
Regarding Claim 18 ZUEV teaches the valve member comprises a non-porous disk (16 in Fig. 1 and Fig. 3) having a through-opening (17 and/or 30 in Fig. 1 or in Fig. 3); the rigid post being in intimate communication with the through-opening (at least 24 in intimate communication with 30 in Fig. 1 and in Fig. 3).
Regarding Claim 19 ZUEV teaches the disk includes:
(a) an outer rim (radial plate 11 in Figs. 1-3); and
(b) a seal portion (15 and/or the portion of 16 at 18, and/or 19, in at least Fig. 1 or Fig. 3).
Regarding Claim 20 ZUEV teaches the disk includes:
(a) first and second opposite axial sides (opposing axial sides 11 and 10, respectively, both in Fig. 1 and Fig. 3); the first axial side facing the first end cap (11 in Fig. 1 and Fig. 3);
(i) the first axial side having a circumferential ridge projecting therefrom and spaced radially inboard from the outer rim (19, inboard from radial plate 11 in Fig 1 and Fig. 3); and
(ii) the first axial side having a seal surface (sealing surface 19 in Figs. 1-3) defining the seal portion between the outer rim and a ridge (Figs. 1 and 3).
Regarding Claim 21 ZUEV teaches a plurality of ribs on each of the first and second axial sides axially projecting from the first and second axial sides and radially extending from the through-opening (12 in Fig. 1- 3 and 34 in Fig. 2).
Regarding Claim 22 ZUEV teaches the valve member includes a wedge seal (15 and/or A in Fig. 1 or in Fig. 3).
Regarding Claim 23 ZUEV teaches the first end cap includes:
(a) a tray holding the filter media (7 in Fig. 1; or 35 in Fig. 3) and having an inner tray wall (11 and/or 14 and/or 22 in Fig. 1; or 37 in Fig. 3, respectively);
(b) a central hub in the first end cap opening (at least 10 in Fig. 1); and
(c) plurality of spokes extending between the hub and the inner tray wall (at least 12 in Fig. 1).
Regarding Claim 24 ZUEV teaches the rigid post (24 in Fig. 1) projects from the central hub (10 in Fig. 1) into the open filter interior (30 in Fig. 1).
Regarding Claim 25 ZUEV teaches (a) the first end cap includes a tray holding the filter media (35 in Fig. 3) and having an inner tray wall (37 in Fig. 3); and
(b) the seal surface of the first axial side (19 in Fig. 1 or Fig. 3) engages the inner tray wall (via axial side 11 in Fig. 1 or in Fig. 3).
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) 8 and 35 is/are rejected under 35 U.S.C. 103 as being unpatentable over ZUEV.
Regarding Claim 8 ZUEV teaches the plate is between the first valve end and the second valve end (radial plate 11 of 16 in Figs. 1 and 3).
ZUEV is silent on whether the plate is centered.
ZUEV is considered analogous art because ZUEV is in the same field of anti-drain membranes in cartridge filters.
It would have been obvious to one of ordinary skill in the art, before the effectively filed date, that the plate distanced between top and bottom ends of the ZUEV valve can be adjusted in a manner that fits the dimensions of the housing and the alignment of cover amplifier 3 to allow for a proper seal at surface 18.
Regarding Claim 35 ZUEV teaches the central structure has a first end adjacent the first end cap (at least 10 and/or 24 are adjacent to 35 in Fig 1; or at least 10 and/or 24 are adjacent to 7 in Fig. 3); the first end of the central structure including a seal member projecting radially therefrom (11 and/or 19 in Fig 1 and 3).
Although Zuev does not explicitly define sealing surfaces 15 and 19 as flow tube seal members, the central structural element(s) in combination form a tubular structure through which flow is directed and in connection with 11 and/or 19, by which the tubular structure is sealed.
It would have been obvious to one of ordinary skill in the art, before the effectively filed date, to use Elements 11 and/or 19 to seal the combined central structure of at least 10 and/or 24 from contact with the unfiltered oil.
Claim(s) 28 is/are rejected under 35 U.S.C. 103 as being unpatentable over ZUEV in view of GMBH.
Regarding Claim 28, ZUEV teaches a first seal member adjacent the first end cap (18 in Fig. 1 or Fig. 3).
ZUEV is silent on a second end cap seal member.
However, GMBH teaches the second end cap has a second end cap seal member (54 in Fig. 9 ).
GMBH is considered analogous art because GMBH is in the same field of anti-drain membranes in cartridge filters.
It would have been obvious to one of ordinary skill in the art, before the effectively filed date, to use the sealing method of GMBH to predictably result in a means of securing the second end cap of ZUEV.
Claim(s) 28 is/are rejected under 35 U.S.C. 103 as being unpatentable over GMBH.
Regarding Claim 28, GMBH teaches a first seal member adjacent the first end cap (31 in Fig. 1 and/or 9); and wherein the second end cap has a second end cap seal member (54 in Fig. 9 ).
It would have been obvious to one of ordinary skill in the art, before the effectively filed date, to use the sealing method of either embodiment of GMBH to predictably result in a means of securing the end caps.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20090008320 A1 teaches filter cartridges with anti- drain back valves.
US-5284579-A teaches filter cartridges with anti- drain back valves.
US-3567022-A teaches filter cartridges with anti- drain back valves.
US-20070187308-A1 teaches filter cartridges with anti- drain back valves.
US-2995253-A teaches filter cartridges with anti- drain back valves and methods of use
US-20070227963-A1 teaches a filter cartridge with seal, rib, standpipe, and plate
US-3662893-A teaches filter cartridges with anti- drain back valves.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARRIAH ELLINGTON whose telephone number is (703)756-1061. The examiner can normally be reached Monday - Friday, 9:00 am - 4:00 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, Ben Lebron can be reached on (571) 272-0475. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
MARRIAH ELLINGTON
Examiner
Art Unit 1773
/BENJAMIN L LEBRON/Supervisory Patent Examiner, Art Unit 1773