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 .
Claim Status
Claims 1-3 and 5-11 are rejected.
Claims 4 and 12-18 have been cancelled.
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.
Claim(s) 1-3, 5, 7-8 and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Janik et al. (US 4,976,852) [hereinafter Janik].
With respect to claim 1, Janik discloses a fuel filter assembly 10, as shown in Fig. 2, having: a housing 12, 14, having an inlet 52 and an outlet 58, as shown in Fig. 2; a first filter 74 disposed in the housing 12, 14, and including a first filter media, as shown in Fig. 2; a second filter 92 disposed in the housing 12, 14, and including a second filter media, as shown in Fig. 2; and a liquid flow path extending from the inlet 52 to the outlet 58 through the first filter media and the second filter media in series, as shown in Fig. 2, the liquid flow path configured to direct the liquid one of radially inward and radially outward through the first filter media and to direct the liquid a different one of radially inward and radially outward through the second filter media, as shown in Fig. 2, wherein the inlet 52 and the outlet 58 of the housing 12, 14, are on opposite ends of the housing 12, 14, as shown in Fig. 2; and wherein the first filter 74 includes a sleeve 48 (axial inlet) through which the liquid flow path extends from the inlet 52 of the housing 12, 14, into an interior of the first filter 74, as shown in Fig. 2, and the second filter 92 includes a sleeve 50 (axial outlet) through which the liquid flow path extends from an interior of the second filter 92 to the outlet 58 of the housing 12, 14, as shown in Fig. 2.
With respect to claim 2, Janik discloses wherein the first filter 74 and the second filter 92 disposed end to end along a length of the housing 12, 14, as shown in Fig. 2.
With respect to claim 3, Janik discloses wherein the liquid flow path is configured to direct the liquid radially outward through the first filter media and to direct the liquid radially inward through the second filter media, as shown in Fig. 2, the first filter media being a radial outlet of the first filter 74, as shown in Fig. 2, and the second filter media being a radial inlet of the second filter 92, as shown in Fig. 2.
With respect to claim 5, Janik discloses wherein the housing 12, 14, has a first end cap 80, and a second end cap 94, as shown in Fig. 2, a second end of the first filter 74 affixed to the first end cap 42, as shown in Fig. 2, and a second end cap 94 of the housing 12, 14, affixed to a second end of the second filter 92, as shown in Fig. 2.
With respect to claim 7, Janik discloses wherein radially inward and radially outward are opposite directions, as shown in Fig. 2.
With respect to claim 8, Janik discloses wherein the flow path includes, in order: a first portion extending through the first filter 74 in an axial direction, as shown in Fig. 2; a second portion extending through the first filter media in the one of radially inward and radially outward, as shown in Fig. 2; a third portion extending one of along an exterior of the first filter 74 in the axial direction and through an axial inlet of the first filter 74 and axial outlet of the second filter 92, as shown in Fig. 2, a fourth portion extending through the second filter media in the different one of radially inward and radially outward through the second filter media, as shown in Fig. 2, and a fifth portion extending through the second filter 92 in the axial direction, as shown in Fig. 2.
With respect to claim 10, Janik discloses wherein the first filter media and the second filter media are different types of filter media (see col. 5, lines 60-68 and col. 6, lines 1-4).
Claim(s) 1-9 and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nauseda et al. (US 2007/0079649) [hereinafter Nauseda].
With respect to claim 1, Nauseda discloses a device 2, as shown in Fig. 1, having: a housing 4 having an inlet 6 and an outlet 8, as shown in Fig. 2A; a first filter 14 disposed in the housing 4, and including a first filter media, as shown in Fig. 2A; a second filter 14B disposed in the housing 4, and including a second filter media, as shown in Fig. 2A; and a liquid flow path extending from the inlet 6 to the outlet 8 through the first filter media and the second filter media in series, as shown in Fig. 2A, the liquid flow path configured to direct the liquid one of radially inward and radially outward through the first filter media and to direct the liquid a different one of radially inward and radially outward through the second filter media, as shown in Fig. 2A, wherein the inlet 6 and the outlet 8 of the housing 4, are on opposite ends of the housing 4, as shown in Fig. 2A; and wherein the first filter 14 includes an axial inlet through which the liquid flow path extends from the inlet 6 of the housing 4, into an interior of the first filter 14, as shown in Fig. 2A, and the second filter 14B includes an axial outlet through which the liquid flow path extends from an interior of the second filter 14B to the outlet 8 of the housing 4, as shown in Fig. 2A.
With respect to claim 2, Nauseda discloses wherein the first filter 14 and the second filter 14B disposed end to end along a length of the housing 4, as shown in Fig. 2A.
With respect to claim 3, Nauseda discloses wherein the liquid flow path is configured to direct the liquid radially outward through the first filter media and to direct the liquid radially inward through the second filter media, as shown in Fig. 2A, the first filter media being a radial outlet of the first filter 14, as shown in Fig. 2A, and the second filter media being a radial inlet of the second filter 14B, as shown in Fig. 2A.
With respect to claim 5, Nauseda discloses wherein the housing 4, has a first end cap, and a second end cap, as shown in Fig. 2A, a second end of the first filter 14 affixed to the first end cap, as shown in Fig. 2A, and a second end cap of the housing 4, affixed to a second end of the second filter 14B, as shown in Fig. 2A.
With respect to claim 6, Nauseda discloses wherein the first end cap includes the inlet 6 of the housing 4 and the second end cap includes the outlet 8 of the housing 4, as shown in Fig. 2A.
With respect to claim 7, Nauseda discloses wherein radially inward and radially outward are opposite directions, as shown in Fig. 2A.
With respect to claim 8, Nauseda discloses wherein the flow path includes, in order: a first portion extending through the first filter 14 in an axial direction, as shown in Fig. 2A; a second portion extending through the first filter media in the one of radially inward and radially outward, as shown in Fig. 2A; a third portion extending one of along an exterior of the first filter 14 in the axial direction and through an axial inlet of the first filter 14 and axial outlet of the second filter 14B, as shown in Fig. 2A, a fourth portion extending through the second filter media in the different one of radially inward and radially outward through the second filter media, as shown in Fig. 2A, and a fifth portion extending through the second filter 14B in the axial direction, as shown in Fig. 2A.
With respect to claim 9, Nauseda discloses wherein the first filter media and the second filter media are the same type of filter media, as shown in Fig. 2A.
With respect to claim 11, Nauseda discloses wherein the first filter media and the second filter media are each selected from a membrane, resin beads, hollow fibers, depth fibers, a sponge based media, or a combination thereof (see paragraph 0055).
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) 9 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Janik (US 4,976,852).
With respect to claims 9 and 11, Janik lacks wherein the first filter media and the second filter media are the same type of filter media; and wherein the first filter media and the second filter media are each selected from a membrane, resin beads, hollow fibers, depth fibers, a sponge based media, or a combination thereof. However, this would have been obvious to one of ordinary skill in the art since one of ordinary skill would recognize to choose a desired material for the filter media according to a desired application (see MPEP 2144.07 which states as obvious “The selection of a known material based on its suitability for its intended use”).
Claim(s) 10 is rejected under 35 U.S.C. 103 as being unpatentable over Nauseda (US 2007/0079649).
With respect to claim 10, Nauseda lacks wherein the first filter media and the second filter media are different types of filter media. However, Nauseda teaches that “the device and methods of the present invention can be used with any filter media of any size that is capable of being integrity tested using gases or liquids. The membrane may be a microporous, ultrafiltration (UF), nanofiltration or reverse osmosis membrane formed of a polymer selected from olefins such as polyethylene including ultrahigh Molecular weight polyethylene, polypropylene, EVA copolymers and alpha olefins, metallocene olefinic polymers, PFA, MFA, PTFE, polycarbonate, vinyl copolymers such as PVC, polyamides such as nylon, polyesters, cellulose, cellulose acetate, regenerated cellulose, cellulose composites, polysulfone, polyethersulfone (PES), polyarylsulfone, polyphenylsulfone, polyacrylonitrile, polyvinylidene fluoride (PVDF), and blends thereof. The membrane selected depends upon the application, desired filtration characteristics, particle type and size to be filtered and the flow desired” (see paragraph 0055). It would have been obvious to one of ordinary skill in the art to provide the first filter media and the second filter media disclosed by Nauseda from different types of filter media, as claimed by applicant, since one of ordinary skill would recognize to choose a desired material for the filter media according to a desired application (see MPEP 2144.07 which states as obvious “The selection of a known material based on its suitability for its intended use”), and since Nauseda already suggests that any filter media may be used (see paragraph 0055).
Response to Arguments
Applicant's arguments filed on June 26, 2026, have been fully considered but they are not persuasive.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., inlet and outlet port on opposite axial ends) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). Janik teaches an inlet 52 and an outlet 58 on opposite ends of the housing 12, 14, as shown in Fig. 2 and as required by claim 1.
In response to applicant’s argument that Janik lacks the first filter including an axial inlet and the second filter including an axial outlet because the sleeves in Janik are not part of the filter: This argument is not persuasive. Janik teaches the first filter 74 including a sleeve 48 which has been considered to be claimed axial inlet, and the second filter 92 including a sleeve 50 which has been considered to be the claimed axial outlet. All the claim requires is the filters including an axial inlet/axial outlet and they do not have to be part of the filters.
In response to applicant’s argument that Sang Hun lacks radial flow through media B: This argument is persuasive and the rejection has been withdrawn. However, the claims are also rejected in view of Nauseda, as stated above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MADELINE GONZALEZ whose telephone number is (571)272-5502. The examiner can normally be reached M-F 9-5:30.
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/MADELINE GONZALEZ/Primary Examiner, Art Unit 1773
