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
Applicant’s election without traverse of Group I, claims 1 – 3 and 14, in the reply filed on January 14, 2026 is acknowledged. The examiner agrees that given the amendment to claim 4, claims 4 and 6 – 13 can be included with Group I.
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.
(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 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent Application Publication No. 2009/0241489 to Becker et al. (hereinafter referred to as Becker).
In regard to claim 1, the terminal disk (2) of Becker can be consider an adapter element. The limitation “for a holding device for an air de-oiling element of a vacuum pump” is directed to the intended usage of the adapter element and does not affect its structure. The connection socket (11) can be considered to form a first cylindrical portion having a first diameter. The portion having the rim segments (13) can be considered to be a second cylindrical portion having a second diameter that is larger than the first diameter and capable of receiving an air de-oiling element. The second cylindrical portion has circumferential recesses (14) which form at least three fixing fingers (13) aligned parallel to a longitudinal axis of the adapter element (2) and distributed uniformly or non-uniformly over a circumference of the second cylindrical section. As discussed in paragraph [0021], the fixing fingers have an elasticity such that they can be considered to be radially displaceable.
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.
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.
Claims 2, 3, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Becker in view of US Patent Application Publication No. 2020/0155988 to Campbell et al. (hereinafter referred to as Campbell) or US Patent Application Publication No. 2018/0250617 to Morris et al. (hereinafter referred to as Morris).
Becker is discussed above in section 4. As discussed above, the first diameter of the first cylindrical portion is smaller than the second diameter of the second cylindrical portion in Becker. Becker, however, does not disclose a conical portion between the first cylindrical portion and the second cylindrical portion. It is well known to use ribs to provide strength to structures. As shown in figures 2 and 3, and discussed in paragraph [0049], Morris includes a cylindrical housing having angled ribs that provide stiffness and strength to the housing. Taken together, the angled ribs can be considered to define conical portions with circumferential recesses in between. Similarly, as shown in figures 1 and 2, Campbell includes ribs (not numbered) in the sections of the housing around the connection arrangement (120) and the air outlet (112). These ribs can also be considered to form conical portions and predictably provide strength in these areas. One of ordinary skill in the art would reasonably expect a conical portion made of ribs and recesses could be provided around the socket (11), or first cylindrical portion, in Becker in order to add strength to it.
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Becker to include a cylindrical portion of angled ribs, with circumferential recesses therebetween, around the socket as suggested by Campbell or Morris in order to add strength to the socket. The ribs together can be considered a conical portion between the first cylindrical portion and the second cylindrical portion. Both Campbell and Morris disclose ribs extending around circumference with at least three circumferential recesses.
Allowable Subject Matter
Claims 4, 6 – 13, 15, and 16 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
In regard to claim 4, the adapter element (2) in Becker is a terminal disk that connects with a filter cup (1). There is no teaching or suggestion in Becker for the terminal disk to be an adapter in a holding device for an air de-oiling element of an oil vacuum pump comprising: an exhaust cover, the exhaust cover being attachable to a housing of the vacuum pump for sealing an exhaust hole; a spiral spring arranged between the adapter element and the exhaust cover; and limiting means for limiting a distance between the adapter element and the exhaust cover. Claims 6 – 13, 15, and 16 depend from claim 4 and would be allowable for at least the same reason as claim 4.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Robert Clemente whose telephone number is (571)272-1476. The examiner can normally be reached M-F 9-5.
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, Benjamin Lebron can be reached at 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.
/ROBERT CLEMENTE/Primary Examiner, Art Unit 1773