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 .
Information Disclosure Statement
The information disclosure statement filed 8/15/22 fails to comply with 37 CFR 1.98(a)(3)(i) because it does not include a concise explanation of the relevance, as it is presently understood by the individual designated in 37 CFR 1.56(c) most knowledgeable about the content of the information, of each reference listed that is not in the English language. It has been placed in the application file, but the information referred to therein has not been considered.
The foreign document is not in English.
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.
Claim(s) 21-24, 31 and 33-35 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO 2020/104260 (Klein et al. US 2021/0370202 will be referenced as the US equivalent).
Claims 21 and 33, Klein teaches a filter device comprising: a replaceable filter element (15), a filter head (6) and a filter bowl (2), where the replaceable filter element includes a compensation device, an upper end cap (40), a lower end cap (42) and a filter element material (15) extending between the upper and lower end caps, the compensation device is configured to act between the filter head and the replaceable filter element, the compensation device includes a first shell part (55a) which is secured stationarily to the replaceable filter element and a second shell part (55b) which is movable, the second shell part includes a passage opening (55c) for guiding a fluid flow, the first shell part is part of the upper end cap and the second shell part defines a spherical ring in contact with the first shell part, the first shell part has respective stop edges for limiting a maximum possible swivel motion for the second shell part at opposite free rims, the respective stop edges define a hollow, spherical or annular mounting space for the second shell part and the respective stop edges are annular (fig. 1-4, see below). The recitation of the end caps being upper or lower end caps is a recitation of the relative orientation of the filter element but does not provide any particular structural limitation.
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Claims 22-24, 31 and 34-35, Klein further teaches the second shell part includes an annular sealing device (28), the annular sealing device is on an end of the second shell part facing the filter head, the annular sealing device includes a sealing ring which is configured to be pressed against the filter head in a secured state of the replaceable filter element and the sealing ring in on a free end face of the annular sealing device facing the filter head (fig. 1-4); a contact surface of the filter head for the sealing ring extends along a plane which is oblique with respect to a longitudinal axis of the filter head (fig. 1-4, par 2, 9-10); the first shell part has a concave contact surface (54) which, in any swivel position of the second shell part, is in contact with a convex contact surface (46) of the second shell part (fig. 1-4); and the filter head includes a bypass valve (at 18) configured to open a fluid connection from a feed side to a filtrate side in the filter head via apertures (34) in the upper end cap of the replaceable filter element (fig. 1-4).
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.
Claim(s) 21-24, 26, 28-35 and 37 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rosaen US 4,721,563 in view of WO 2020/104260 (Klein et al. US 2021/0370202 will be referenced as the US equivalent).
Claims 21 and 33, Rosaen teaches a filter device comprising: a replaceable filter element (42), a filter head (14) and a filter bowl (12), where the replaceable filter element includes an upper end cap (43, 44), a lower end cap (45) and a filter element material (47) extending between the upper and lower end caps (fig. 1-3). Rosaen does not teach a compensation device.
Klein teaches a replaceable filter element (15) where the replaceable filter element includes a compensation device as part of an end cap (40), the compensation device is configured to act between a filter head and the replaceable filter element, the compensation device includes a first shell part (55a) which is secured stationarily to the replaceable filter element and a second shell part (55b) which is movable, the second shell part includes a passage opening (55c) for guiding a fluid flow, the first stationary shell part is part of the upper end cap and the second shell part defines a spherical ring in contact with the first shell part (fig. 1-4). It would have been obvious to one of ordinary skill in the art to use the compensation device of Klein because the compensation device provides a compensation option for possibly occurring misalignment errors to enable a reduction of the narrow tolerance limits that have to be observed for manufacture to allow for operationally reliability and favorable manufacturing costs (par 9).
Claims 22-23 and 34, Rosaen further teaches an annular sealing device (34) on an end of the end cap facing the filter head, the annular sealing device includes a sealing ring which is configured to be pressed against the filter head in a secured state of the filter element and the sealing ring is on a free end face of the sealing device facing the filter head (fig. 1). Using the compensation device of Klein would provide the sealing device on the second shell part as this is the portion in Klein that forms a seal with the head of Klein and a contact surface of the filter head for the sealing ring can extend along a plane which is oblique with respect to a longitudinal axis of the filter head, as taught by Klein (fig. 1-4, par 2, 9-10).
Claims 24 and 35, Klein further teaches the first shell part has a concave contact surface (54) which, in any swivel position of the second shell part, is in contact with a convex contact surface (46) of the second shell part (fig. 1-4).
Claims 26, 28, 31-32 and 37, Rosaen further teaches the upper end cap has a sealing rim on an outer circumference thereof for mounting a sealing ring (60) and the sealing ring projects radially in a circumferential direction beyond an outer circumference of the filter element material (fig. 1-3); the sealing rim of the upper end cap is spaced apart from the rest of the end cap by bars (between 58) and apertures (58) are defined between the bars and the sealing rim of the upper end cap of the filter element (fig. 1-3); the filter head includes a bypass valve (36) configured to open a fluid connection from a feed side to a filtrate outlet side in the filter head via apertures (58) in the upper end cap of the filter element (fig. 1-3); and a screw connection (24) configured to detachably connect the filter bowl with the filter element to the filter head, a first sealing ring (60) on the filter element is configured to, as screw on depth increases, be pressed against the filter head to for a first seal and a second sealing ring (34) on a free end of the upper end cap is configured to, as the screw on depth increases, be pressed against the filter head to form a second seal (using the compensation device of Klein would provide the sealing device on the second shell part as this is the portion in Klein that forms a seal with the head of Klein) (fig. 1-3).
Claims 29-30, Rosaen in view of Klein teaches the filter device of claim 1, and Rosaen further teaches the head has a filtrate outlet opening (32 or 30) but does not teach a spring loaded check valve in the filtrate outlet opening or a bypass valve between the feed side and the filtrate outlet side. Providing a spring loaded check valve in a filtrate outlet opening that rests against a contact ring forming a sealing seat is very common in the art as a way to prevent spillage of fluid during changing of the filter element. Each of these features would have been obvious to one of ordinary skill in the art. Applicant did not traverse the previous official notice taken in the previous office action and as such it is now taken as admitted prior art.
Claim(s) 27 and 38 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rosaen US 4,721,563 in view of WO 2020/104260 (Klein et al. US 2021/0370202 will be referenced as the US equivalent) and Sakraschinsky et al. US 2010/0282341.
Rosaen further teaches the sealing rim of the upper end cap and the sealing ring extend along a plane and the sealing rim of the upper end cap is spaced apart from the end cap by bars (between 58) and apertures (58) are defined between the bars and the sealing rim of the upper end cap and the filter element but does not teach the plane at least partially overlapping where the second shell part of Klein would be located on Rosaen.
Sakraschinsky teaches a filter device comprising: a replaceable filter element (9), a filter head (3), and a filter bowl (1), wherein the filter element includes a compensation device, an upper end cap (23), the compensation device is configured to act between the filter head and the filter element, the compensation device includes a first shell part (27) which is secured stationarily to the filter element and a second shell part (33) which is movable, the second shell part includes a passage opening for guiding a fluid flow and the first shell part is part of the upper end cap, and the upper end cap has a sealing rim (51) on an outer circumference thereof for mounting a sealing ring (53) which projects radially in a circumferential direction beyond an outer circumference of a filter medium (11) of the filter element and the sealing rim and the sealing ring extend along a plane that is at least partially overlapped by the second shell part with its sealing ring in the direction of the filter head (fig. 1-4). The recitation of providing the plane of the sealing rim and ring to overlap with the second shell part is a recitation of a rearrangement of the parts taught by Rosaen in view of Klein. Shifting the position of an element is unpatentable if shifting the position of the element would not modify the operation of the device, In re Japikse, 86 USPQ 70 (1950). Additionally, the recited position is known in the art as demonstrated by Sakraschinsky and would have been well within the normal capabilities of one of ordinary skill in the art. The claim would have been obvious because "a person of ordinary skill has good reason to pursue the known options within his or her technical grasp. If this leads to the anticipated success, it is likely the product not of innovation but of ordinary skill and common sense.” KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385 (2007).
Response to Arguments
Applicant's arguments filed 2/10/26 have been fully considered but they are not persuasive.
Applicant argues Klein does not teach multiple annular stop edges. The stop edges are of Klein are indicated in the annotated figure above. Dictionary.com defines annular as “having the form of a ring”. A ring is defined as a surrounding line or mark. Given the broadest reasonable interpretation of the term annular the edge, indicated in the annotated figure of Klein, is annular in that it surrounds the first shell part. While the block (64) of Klein extends inward, the block is part of the edge and the edge is annular as recited in the claim.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BENJAMIN M KURTZ whose telephone number is (571)272-8211. The examiner can normally be reached Monday-Friday 8:30-5.
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/BENJAMIN M KURTZ/Primary Examiner, Art Unit 1779