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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 11/11/2025 has been entered.
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) 1-10, 12-16, 18 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ferrari (2006/0011748) I view of Schuster et al. (10,730,170)
Regarding claim 1, Ferrari shows A sanitary insert (1), comprising: at least one housing part (2, 11) with a receiving space (fig 3); at least one insert screen (10) which is inserted into the receiving space of the at least one housing part (fig 3); at least one splitter unit (4) which is arranged upstream of the at least one insert screen in a flow direction (fig 3); at least one orientation aid (2b ) formed on the at least one housing part; and at least one mating orientation aid (10a,) corresponding to the orientation aid formed on the at least one insert screen (fig 3), wherein the at least one orientation aid formed on the at least one housing part comprises a first orientation aid (2a), wherein the at least one mating orientation aid, formed on the at least one insert screen comprises a first mating orientation aid (10a), the first mating orientation aid corresponding to the first orientation aid (fig 3)
but fails to disclose a second orientation aid, and a second mating orientation aid, the second mating orientation aid corresponding to the second orientation aid, wherein the first orientation aid and the second orientation aid are formed as two different types of orientation aids on the at least one housing part, and wherein the second orientation aid is axially offset relative to the first alignment aid in a direction of an insertion direction in which the at least one insert screen is to be inserted into the receiving space.
However, Ferrari teaches two embodiments, one with peripheral orientation aids 2b and another with a central orientation aid 12b. the central orientation aid 12b being the second orientation aid, and a second mating orientation aid (the hole I the screen for 12b), the second mating orientation aid corresponding to the second orientation aid.
Therefore, it would have been obvious to one of ordinary skill in the art at the time the application was effectively field to add the central orientation aid 12b of figure 6 to the embodiment shown in figure 2 and have a corresponding hole in each of the elements 9, 10, 8 and 4, in order to better align both screens, element 8 as well as element 4 since 12 b is higher than the edge of the housing.
In the above combination, the first orientation aid (2b) and the second orientation aid (12b) are formed as two different types of orientation aids (2b is peripheral and 12b is central) on the at least one housing part, and wherein the second orientation aid is axially offset relative to the first alignment aid in a direction of an insertion direction in which the at least one insert screen is to be inserted into the receiving space (12b extends higher than the edge of the housing where 2b is much lower than the edge of the housing).
But fails to disclose an upper end of the first orientation aid has an insertion aid formed as a tip which widens in the insertion direction in which the at least one insert screen is to be inserted into the receiving space.
However, Schuster et al. shows an upper end of the first orientation aid (121b.) has an insertion aid (the tip) formed as a tip (fig 13, the tip of 121b is tapered) which widens in the insertion direction (the direction facing up in figure 13).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the application was effectively field to taper the tip of the orientation aids as shown in figure 13 of Schuster et al., in order to guide the screen into the receiving space.
Regarding claim 2, further comprising an outlet structure (11) forming an outlet side of the sanitary insert.
Regarding claim 3, wherein the at least one orientation aid on the at least one housing part comprises a first orientation aid and a second orientation aid (fig 3), and the at least one mating orientation aid on the at least one insert screen comprises, corresponding thereto, a first mating orientation aid and a second mating orientation aid (fig 3).
Regarding claim 4, wherein the at least one orientation aid (12b) comprises a centering pin (12b) which has a non-circular cross section (fig 7).
Regarding claim 5, wherein the at least one orientation aid is formed at least on an inner side of a housing wall and extends in an insertion direction of the at least one insert screen into the receiving space (fig 3).
Regarding claim 6, wherein the at least one mating orientation aid of the at least one insert screen is formed by a sleeve (10a) formed at least one of in a centered manner on the insert screen or on an outer circumference of the insert screen (fig 3).
Regarding claim 7, wherein the at least one orientation aid defines at least one guide track (2b) along which the at least one insert screen is slidably guided (fig 3).
Regarding claim 8, wherein the at least one orientation aid comprises a plurality of orientation aids formed on the at least one housing part (fig 3) that extend in an insertion direction of the at least one insert screen (fig 3) into the receiving space.
Regarding claim 9, wherein the at least one insert screen (4) has a toothed structure (4a) which corresponds to a mating toothed structure (holes in 2) of the at least one housing part (2).
Regarding claim 10, wherein the at least one insert screen comprises at least two said insert screens (9, 10) inserted that are into the receiving space (fig 3).
Regarding claim 12, wherein an interaction of the at least one orientation aid and the at least one mating orientation aid corresponding to the orientation aid forms an anti-rotation device of the at least one insert screen relative to the at least one housing part (fig 3 and 7).
Regarding claim 13, wherein the at least one orientation aid is formed with a widening in cross section in an insertion direction of the insert screen into the receiving space, or a free or upper end (12b, fig 3) of the at least one orientation aid (8, 9) has an insertion aid (its shape) that allows insertion of the at least one insert screen (10) into the receiving space in a correct insertion position.
Regarding claim 14, wherein the at least one splitter unit comprises at least one fixing element (4a), an anti-rotation device of the splitter unit relative to the at least one housing part is established by an interaction of the fixing element with at least one of the at least one orientation aid or an insertion aid (2a).
Regarding claim 15, wherein the at least one orientation aid (12b) is formed as a centering aid.
Regarding claim 16, wherein a diameter of the at least one orientation aid (12b) corresponds at most to a width of two diameters of a hole (12a) of the outlet structure (fig 6).
Regarding claim 18, wherein the at least one splitter unit (4) is formed as a splitter plate with a plurality of passage openings (5, 6, 7).
Regarding claim 19, further comprising a screen (3) arranged upstream of the at least one splitter unit in the flow direction (fig 3).
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ferrari (2006/0011748) in view of Kwon (2022/0259842).
Regarding claim 11, Ferrari shows all aspects of the applicant’s invention as in claim 10, but fails to disclose a first of the at least two said insert screens comprises a toothed structure and a second of the at least two said insert screens comprises a mating toothed structure corresponding to the toothed structure in order to correctly orient the first and second insert screens relative to each other.
However, Kown teaches a similar aeration device wherein a first of the at least two said insert screens (220) comprises a toothed structure (233) and a second of the at least two said insert screens (210) comprises a mating toothed structure (231) corresponding to the toothed structure in order to correctly orient the first and second insert screens relative to each other.
Therefore, it would have been obvious to one of ordinary skill in the art at the time the application was effectively filed to add a toothed structure to the two screens in order to orientate them with respect to each other.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-16, 18 and 19 have been considered but are moot in view of the new grounds of rejection above.
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 JASON J BOECKMANN whose telephone number is (571)272-2708. The examiner can normally be reached M-F 9am to 5pm.
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/JASON J BOECKMANN/Primary Examiner, Art Unit 3752 2/10/2026