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 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)(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.
Claims 1-12 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Lin (US Pub. No. 2015/0352468).
Claim 1 and 12: A filter comprising: a housing (Fig. 7, 11) having an interior space, the housing comprising at least one opening end (Fig. 10, 82)[0061,0065]; a membrane disposed within the housing that has a length that extends along a length direction of the housing (See Fig. 4 wherein the filter layers extend from the top of the housing to the bottom of the housing), and a baffle (Fig. 7, 10, 10’, 10’’) provided at least in the interior space of the housing, wherein the baffle comprises at least two baffle partitions that extend along at least a portion of the length of the membrane to divide the interior space of the housing into at least a first portion and a second portion so that when a fluid is supplied to the filter, the fluid is directed to first flow in the first portion and then to the second portion (Fig. 7, baffle comprises at least two partitions, i.e. the inside and the outside to allow fluid flow).
The newly limitations regarding the flow of fluid are related to fluid worked upon by the claimed filter. MPEP 2115 states that the “[i]nclusion of the material or article worked upon by a structure being claimed does not impart patentability to the claims.” In re Otto, 312 F.2d 937, 136 USPQ 458, 459 (CCPA 1963); see also In re Young, 75 F.2d 996, 25 USPQ 69 (CCPA 1935). Further, MPEP 2114, II. titled “Manner of operating the device does not differentiate apparatus claim from prior art” states “[A]pparatus claims cover what a device is, not what a device does.” Hewlett-Packard Co.v.Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (emphasis in original). A claim containing a “recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus” if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987).
Lin teaches the claimed structure.
Claim 2: further comprising a first end cap (Fig. 3, 26) connected to the at least one opening end of the housing, wherein the baffle is also provided in the first end cap and is at least connected to the first end cap [0028, 0031, endcaps have slots that engage with baffle ridges 18] .
Claim 3: wherein a gap is provided between the at least two baffle partitions and a bottom surface of the first end cap [0033, wherein only 1 ridge on 18 must be passed to connect the baffle 14 to the end cap; when one ridge is passed, there is a gap between the end cap and the baffle).
Claim 4: wherein the first end cap comprises a first aperture for receiving the fluid (each end cap has an opening for fluid flow, see Fig. 7), wherein the baffle comprises an opening that is in fluid communication with the first aperture (Fig. 7), wherein the inlet is configured to direct the fluid to the first portion of the interior space [0057, 0065].
Claim 5: the filter of claim 4, wherein the first end cap further comprises a second aperture (Fig. 7, see openings along the sides of baffle 10). “Acting as a vent” is functional language that does not further limit the structure of the claim.
Claim 6: wherein the baffle is configured in a way such that a flow of fluid is directed to flow along an outer surface of the membrane (Figs. 1, 3, and 5, the fluid flows into the baffle and over the outer surfaces of the filter membranes (36).
Claim 7: the filter of claim 4, further comprising a second opening end of the housing (Fig. 7, bottom of housing 11) and a second end cap provided at the second opening end [0007, 0028, bottom end cap] of the housing and comprising a third aperture for discharging the fluid filtered through the membrane (Fig. 1, 13).
Claim 8: wherein the third aperture is provided at a center of the second end cap [0034].
Claim 9: the filter of claim 2, wherein the at least two baffle partitions each comprise a first end provided near the first end cap and a second end that extends only to an end of the membrane in the housing (Figs. 3 and 7 wherein the baffle only extends to the end of the membrane arrangement to contain the filter; it terminates in the end cap which sits inside the housing).
Claim 10: the filter of claim 1, further comprising a core [0053, 0059] disposed within the housing wherein the membrane is positioned between the core and the housing.
Claim 11: the filter of claim 1, wherein the baffle is only provided in the interior space of the housing and the baffle further comprises an opening provided centrally in the baffle [0053, 0059], and the filter further comprising a cap (Fig. 7, top part of 11) connected to the at least one opening end, wherein the cap includes an inlet for receiving the fluid and an outlet fluidly connected with the opening of the baffle for removing the fluid from the filter (Fig. 7 wherein 11 has fluid connections to introduce fluid and remove fluid from the apparatus).
Response to Arguments
Applicant's arguments filed 3/11/2026 have been fully considered but they are not persuasive.
Applicant argues that Lin does not “disclose baffle partitions that divide the interior space into sequential flow portions”.
The claim only requires that the baffle comprise at least two portions that divides the interior space into a first and second portion. Lin very clearly teaches a first and second portion that is defined by the sections of the baffle. There is no structure claimed that isolates fluid flow paths. The structure claimed is broad and taught by Lin.
Applicant argues that Lin does not teach a counter-directional flow in first and second portions.
The newly limitations regarding the flow of fluid are related to fluid worked upon by the claimed filter. MPEP 2115 states that the “[i]nclusion of the material or article worked upon by a structure being claimed does not impart patentability to the claims.” In re Otto, 312 F.2d 937, 136 USPQ 458, 459 (CCPA 1963); see also In re Young, 75 F.2d 996, 25 USPQ 69 (CCPA 1935). Further, MPEP 2114, II. titled “Manner of operating the device does not differentiate apparatus claim from prior art” states “[A]pparatus claims cover what a device is, not what a device does.” Hewlett-Packard Co.v.Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (emphasis in original). A claim containing a “recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus” if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987).
Conclusion
THIS ACTION IS MADE FINAL. 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 ALLISON FITZSIMMONS whose telephone number is (571)270-1767. The examiner can normally be reached M-F 9:30 am - 2:00 pm.
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ALLISON FITZSIMMONS
Primary Examiner
Art Unit 1773
/ALLISON G FITZSIMMONS/ Primary Examiner, Art Unit 1773
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