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, 4-11, 14, and 19-21 are pending.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1, 4-11, 14, and 19-21 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by U.S. Patent Publication No. 2018/0242804 by Pan (Pan).
Regarding limitations recited in the claims which are directed to a manner of operating disclosed system for mechanical separation, it is noted that neither the manner of operating a disclosed device nor material or article worked upon further limit an apparatus claim. Said limitations do not differentiate apparatus claims from prior art. See MPEP § 2114 and 2115. "[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). Claim analysis is highly fact-dependent. A claim is only limited by positively recited elements. Thus, "[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). This applies to the following limitations: “receiving through the inlet a flow of the fluid including a plurality of solid particles and utilizing centrifugal force to separate a first portion of the plurality of solid particles” (claim 1); “resulting in a rotating flow within the cylindrical body resulting in separation of a first portion of the plurality of solid particles from the flow of the fluid” (claim 1); “receiving the flow of the fluid from the outlet pipe and separating a second portion of the plurality of solid particles from the flow of the fluid” (claim 1); “operable to enable…particulate filter” (claim 4); “receives the flow of the fluid within the first portion of the particulate filter” (claim 6); “directing the flow of the fluid from the inlet pipe to the first end of the discharge pipe” (claim 7); “periodically purging the first portion of the plurality of solid particles from the centrifugal separator” (claim 8); “receiving through the inlet a flow of the fluid including a plurality of solid particles” (claim 10); “resulting in a rotating flow within the cylindrical body resulting in separation of a first portion of the plurality of solid particles from the flow of the fluid” (claim 10); “receiving the flow of the fluid including from the centrifugal separator and separating a second portion of the plurality of solid particles from the flow of the fluid” (claim 10); “configured for receiving the flow of the fluid within the first portion of the particulate filter” (claim 11); “operable to enable…filter” (claim 14); “receiving through the inlet a flow of the fluid including a plurality of solid particles” (claim 19); “resulting in a rotating flow within the cylindrical body resulting in separation of a first portion of the plurality of solid particles from the flow of the fluid” (claim 19); “receiving the flow of the fluid from the outlet pipe and separating a second portion of the plurality of solid particles from the flow of the fluid” (claim 19); “wherein the particulate filter receives the flow of the fluid within the first portion of the particulate filter” (claim 21).
In regard to claim 1, Pan teaches an apparatus ([0002]; [0004]-[0004]; [0007]; [0015]-[0018]; [0024]; Figure 2; Figure 5); capable of two-step mechanical separation of a fluid. Pan teaches a centrifugal separator ([0002]; [0004]-[0004]; [0007]; [0015]-[0018]; [0024]; Figure 2; Figure 5, block 507, [0035]); capable of receiving a flow of the fluid including a plurality of solid particles and utilizing centrifugal force to separate a first portion of the plurality of solid particles from the flow of the fluid. Pan teahces a cylindrical body with an inlet offset from a center of the cylindrical body and an outlet pipe ([0002]; [0004]-[0004]; [0007]; [0015]-[0018]; [0024]; Figure 2, air inlet 7, outlet 8).
Pan teaches a particulate filter including a filter body and connected to the outlet pipe of the centrifugal separator ([0002]; [0004]-[0004]; [0007]; [0015]-[0018]; [0024]; Figure 2, outlet 8; Figure 5, block 503, [0034]); capable of receiving the flow of the fluid from the centrifugal separator and utilizing the filter body to separate a second portion of the plurality of solid particles from the flow of the fluid.
In regard to claim 5, Pan teaches the filter body is conical shaped ([0017]). Pan teaches the filter body is oriented with a narrow end of the filter body in a vertically upward direction ([0017]; Figure 2, [0028]-[0030]).
In regard to claim 6, Pan teaches the filter body defines a first portion of the particulate filter below the filter body and a second portion of the particulate filter above the filter body ([0017]; Figure 2, [0028]-[0030]; [0004]-[0004]; [0007]; [0024]; Figure 5).
In regard to claim 7, Pan teaches a discharge pipe including a first end located within the cylindrical body and a second end projecting out of the cylindrical body and defining an outlet pipe of the centrifugal separator ([0002]; [0004]-[0004]; [0007]; [0015]-[0018]; [0024]; Figure 2, outlet 8). Pan teaches a plurality of blades disposed upon an outer surface of the discharge pipe ([0002]; [0004]-[0004]; [0007]; [0015]-[0018]; [0021]-[0025]; Figure 1, impeller 5); capable of directing the flow of the fluid from the inlet pipe to the first end of the discharge pipe. Pan teaches the particulate filter is attached to the outlet pipe ([0002]; [0004]-[0004]; [0007]; [0015]-[0018]; [0024]; Figure 2).
In regard to claim 8, Pan teaches the centrifugal separator includes a discharge pipe ([0002]; [0004]-[0004]; [0007]; [0015]-[0018]; [0024]; Figure 2, outlet 8); capable of periodically purging the first portion of the plurality of solid particles from the centrifugal separator.
In regard to claim 9, Pan teaches the particulate filter includes a discharge pipe ([0002]; [0004]-[0004]; [0007]; [0015]-[0018]; [0024]; Figure 2, outlet 8); capable of periodically purging the second portion of the plurality of solid particles from the particulate filter.
In regard to claim 10, Pan teaches a system ([0002]; [0004]-[0004]; [0007]; [0015]-[0018]; [0024]; Figure 2; Figure 5); capable of mechanical separation of a fluid. Pan teaches a centrifugal separator ([0002]; [0004]-[0004]; [0007]; [0015]-[0018]; [0024]; Figure 2; Figure 5, block 507, [0035]); capable of receiving a flow of the fluid including a plurality of solid particles and utilizing centrifugal force to separate a first portion of the plurality of solid particles from the flow of the fluid.
Pan teaches a cylindrical body ([0002]; [0004]-[0004]; [0007]; [0015]-[0018]; [0024]; Figure 2). Pan teaches an inlet pipe offset from a center of the cylindrical body ([0002]; [0004]-[0004]; [0007]; [0015]-[0018]; [0024]; Figure 2, air inlet 7); capable of creating a swirling pattern in the form of the fluid within the cylindrical body. Pan teaches a discharge pipe including a first end located within the cylindrical body and a second end projecting out of the cylindrical body and defining an outlet pipe of the centrifugal separator ([0002]; [0004]-[0004]; [0007]; [0015]-[0018]; [0024]; Figure 2, outlet 8). Pan teaches a plurality of blades disposed upon an outer surface of the discharge pipe ([0002]; [0004]-[0004]; [0007]; [0015]-[0018]; [0021]-[0025]; Figure 1, impeller 5); capable of directing flow of the fluid from the inlet pipe to the first end of the discharge pipe. Pan teahces a particulate filter including a filer body ([0002]; [0004]-[0004]; [0007]; [0015]-[0018]; [0024]; Figure 2; Figure 5, block 503, [0034]); capable of receiving the flow of the fluid from the centrifugal separator and utilizing the filter body to separate a second portion of the plurality of solid particles from the flow of the fluid. Pan teaches the filter body is conical shaped ([0017]). Pan teaches the filter body is oriented with a narrow end of the filter body in a vertically upward direction ([0017]; Figure 2, [0028]-[0030]).
In regard to claim 11, Pan teaches the filter body defines a first portion of the particulate filter below the filter body and a second portion of the particulate filter above the filter body ([0017]; Figure 2, [0028]-[0030]; [0004]-[0004]; [0007]; [0024]; Figure 5).; capable of receiving the flow of the fluid within the first portion of the particulate filter.
In regard to claim 19, Pan teaches a cylindrical body; Pan teaches a lower portion of the cylindrical body defining a centrifugal separator including an inlet offset from a center of the cylindrical body and an outlet pipe ([0002]; [0004]-[0004]; [0007]; [0015]-[0018]; [0024]; Figure 2, air inlet 7, outlet 8). Pan teaches an upper portion of the cylindrical body defining a particulate filter including a filter body and connected to the outlet pipe of the centrifugal separator ([0017]; Figure 2; [0028]-[0030]; [0004]; [0007]; [0024]; Figure 5).
In regard to claim 20, Pan teaches the filter body is oriented with a narrow end of the filter body in a vertically upward direction ([0017]; Figure 2; [0028]-[0030]).
In regard to claim 21, Pan teaches the filter body defines a first portion of the particulate filter below the filter body and a second portion of the particulate filter above the filter body ([0017]; Figure 2; [0028]-[0030]; [0004]; [0007]; [0024]; Figure 5). Pan teaches the particulate filter receives the flow of the fluid within the first portion of the particulate filter ([0017]; Figure 2; [0028]-[0030]; [0004]; [0007]; [0024]; Figure 5).
Response to Arguments
Applicant's arguments filed 6/11/2026 have been fully considered but they are not persuasive.
In regard to the Applicant’s argument D1 and D2 are in the same physical space around the same physical filter 4; this is a single step operation and air only moves around a single filter resulting in single stage removing particles; the claims require a two step method of separation; Pan does not teach two-stage mechanical separation; the Examiner does not find this persuasive.
A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. The prior art of Pan is capable of a two step method of separation.
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 KARA M PEO whose telephone number is (571)272-9958. The examiner can normally be reached 9 to 5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Claire Wang can be reached at (571) 270-1051. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KARA M PEO/Primary Examiner, Art Unit 1777
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