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
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.
Claims 16, 17, 19, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent Application Publication No. 2010/0294274 to Poirier et al. (hereinafter referred to as Poirier).
In regard to claim 16, as shown in figures 1 – 3, Poirier discloses a filter assembly (12) that can be considered a second filter assembly for a smoke-capturing device. The second filter assembly includes a first housing (22) capable of being arranged in a cavity of a cap of a smoke-capturing device, and a second housing (24) connected to the first housing (22). The second housing (24) is also capable of being arranged in the cap. The first and second housings (22, 24) form a second cavity therebetween, as best shown in figure 3. The scrims (54, 56) form first and second screens in the second cavity. The filter material (42) forms a gas filter arranged in the second cavity. The gas filter (42) is arranged inward from the first and the second screen (54, 56).
In regard to claim 17, as shown in figure 4, the exit port (48) includes a surfaces with protrusions, or ribs, that can be considered to form a ribbed surface capable of being coupled to a cap.
In regard to claim 19, the first housing (22) and the second housing (24) connect, or mesh, together, and can be considered to comprise a mesh.
In regard to claim 20, the cap is not positively recited in the claim 16. Therefore, further details of the cap are not considered to affect the structure of the claimed second filter assembly.
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.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Poirier in view of US Patent Application Publication No. 2011/0126713 to Legare et al. (hereinafter referred to as Legare).
Poirier is discussed above in section 3. As discussed in paragraph [0036], the gas filter (42) includes sorptive media such as activated carbon. Activated charcoal is a specific type of activated carbon. Poirier does not specifically disclose using charcoal and/or activated charcoal in the gas filter. Legare similarly discloses a cartridge filter assembly using adsorbent particles. As discussed in paragraph [0034], activated charcoal particles are a known suitable adsorbent.
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 Poirier to use an activated charcoal in the gas filter as suggested by Legare as this a known form of activated carbon that is as an adsorbent in a filter cartridge.
Allowable Subject Matter
Claims 1 – 15 are allowed.
The following is a statement of reasons for the indication of allowable subject matter:
In regard to independent claims 1 and 14, Poirier discloses a filter having all of the structural features of the second filter assembly. There is no teaching or suggestion in Poirier or any of the other prior art to include such a filter in a further assembly having a cap with an inlet and a first cavity and a first filter arranged in the first cavity, with a seal being formed between the first housing and the second housing. Claims 2 – 13 and 15 depend from claims 1 and 14, respectively, and are allowed for at least the same reason as the independent claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Other prior art references listed on the PTO-892 (Notice of References Cited) are considered to be of interest disclosing similar filter assemblies.
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 7-3.
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/ROBERT CLEMENTE/Primary Examiner, Art Unit 1773