Detailed Office Action
Notice of Pre-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
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Restriction/Election
Applicant’s election without traverse of Group I, claims 7 – 12, 14 and 15 in the reply filed on 06/30/25 is acknowledged. Claim 13 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group II, a method, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 06/30/25.
Claim Rejections – U.S.C. §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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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 7 – 8 and 14 – 15 are rejected under 35 U.S.C. 103 as being unpatentable over Jones (US 1,127,771)
Regarding claim 7 and 14, Jones teaches a filter (meeting claim 14) for a pipe [Title]. Jones teaches that the filter is made of a metal wool [Page 1, line 15 – 20], meeting the claimed limitation of a metal porous body with a three-dimensional mesh-like skeleton. Jones states that the shape of filter can made into whatever shape is desired/suitable [Page 1, line 42 – 45].
While Jones does not explicitly teach the size in mm of the metal porous body or its shape, changes to size/proportion and shape are a matter of choice to an ordinarily skilled artisan and are prima facie obviousness in view of the prior art (MPEP 2144.04 IV A and B), absent evidence of criticality or unexpected results.
Regarding claims 8 and 15, Jones teaches a filter (meeting claim 15) for a pipe [Title]. Jones teaches that the filter is made of a metal wool [Page 1, line 15 – 20], meeting the claimed limitation of a metal porous body with a three-dimensional mesh-like skeleton. Jones states that the shape of filter can made into whatever shape is desired/suitable [Page 1, line 42 – 45].
Jones explicitly shows that the filter can be formed into a shape with a circular bottom that arches/curves to an apex point [Fig 2, 3, and 4], meeting the claimed shape.
While Jones does not explicitly teach the size in mm of the metal wool filter, changes to size/proportion are a matter of choice to an ordinarily skilled artisan and are prima facie obviousness in view of the prior art (MPEP 2144.04 IV A and B), absent evidence of criticality or unexpected results.
Claims 7 – 12 and 14 – 15 are rejected under 35 U.S.C. 103 as being unpatentable over Okuno (US2017/069918)
Regarding claims 7 – 10, Okuno teaches a metal porous body with a three-dimensional mesh-like structure [0007, 0008], meeting the claimed limitation of a metal porous body with a three-dimensional mesh-like skeleton. Okuno teaches that the metal porous body has composition of a majority nickel with the inclusion of at least tin and chromium [0078], meeting the claimed limitation/composition of claims 9 – 10.
While Okuno does not explicitly teach the size in mm of the metal porous body or its shape (as claimed in claims 7 and 8), changes to size/proportion and shape are a matter of choice to an ordinarily skilled artisan and are prima facie obviousness in view of the prior art (MPEP 2144.04 IV A and B), absent evidence of criticality or unexpected results.
Regarding claims 11 – 12, Okuno teaches the invention as applied in claims 7 – 8. Okuno teaches an example in which the metal porous body has an average pore size of 400 – 600 µm [0026], which falls within the claimed range.
Regarding claims 14 – 15, Okuno teaches the invention as applied in claims 7 – 8. Okuno states that the metal porous body can be used in filters [0135], meeting claims 14 – 15.
Relevant Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 5,449,459 – Metal filter system with hemispherical dome
CN208287657 – Additive manufacturing of dome filter with multiple layers and pore size
KR100804142 – Metal foam structure for exhaust gas based on nickel alloy with overlapping pore size. The filter controlled to minimize pressure drop.
KR2019/0033127 – Metal filter with hemispherical shape or hexahedron shape
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Austin M Pollock whose telephone number is (571)272-5602. The examiner can normally be reached M - F (11 - 8 ET).
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, Sally Merkling can be reached at (571) 272-6297. 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.
/AUSTIN POLLOCK/Examiner, Art Unit 1738
/SALLY A MERKLING/SPE, Art Unit 1738