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 . This is a first action on the merits of the application. Claims 1-10 are pending.
Election/Restrictions
Applicant's election without traverse of invention II, claims 7-10 in the reply filed on November 24, 2025 is acknowledged. Claims 1-6 are withdrawn from further consideration by the examiner, 37 CFR 1.142(b), as being drawn to a non-elected invention.
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 of this title, 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 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(a) 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 7-10 are rejected under 35 U.S.C. 103 as being unpatentable over Schmid et al. (US 10,589,205 B2, herein referred as “Schmid”), in view of Hasenfratz et al. (US 10,316,804 B2, herein referred as “Hasenfratz”).
In regard to claim 7, Schmid discloses a filter element for a filter system (Abstract), the filter element (10, Fig. 1) comprising (a filter element embodiment in Fig. 1 in conjunction with a filter housing in Fig. 8; col. 6, lines 26-65):
(i) a filter body with a filter medium in a bellow shaped (12, 14, Fig. 1) enclosed by a circumferential frame element (28, Fig. 1); and
(ii) structure elements (40, Fig, 1) protruding from a circumference of the filter element, structure elements (40, Fig, 1) is configured for disposing the filter element in a receiving part (a filter housing, 108, Fig. 8) (Fig. 8).
But Schmid discloses does not explicitly disclose the feature of “the structure elements comprising grooves in circumference walls of the structure elements, and the grooves configured for receiving edges of breakthroughs of counter elements that are arranged circumferentially on and formed through a wall of a receiving part in a sealing manner when the filter element is arranged in the receiving part” as recited.
However, Hasenfratz discloses a flat filter element, for installing in a filter housing of a filter for fluids, particularly an air filter, particularly of an internal combustion engine, particularly of a motor vehicle, with an open filter bellows made of a filter medium, which has an upstream side and an downstream side for the fluid to be filtered, and with an element axis that can be aligned parallel or axially to an installation direction for installing the filter element into the filter housing (col. 1, lines 18-26). Hasenfratz discloses, in an embodiment shown in Fig. 13, a filter element (10, Fig. 13) that is combined into a filter housing (11, Fig. 13) as: Housing case 19 has two case-side high guide grooves 58 and two case-side low guide grooves 60. Guide grooves 58 and 60 are each arranged in a manner fitting the corresponding high guide crosspieces 46 and low guide crosspieces 48 on the radially inner peripheral side, relative to housing axis 25 of housing case 19. Low guide grooves 60 each have on their side facing housing cover 21 a shoulder 62 on which step 50 of the corresponding low guide crosspieces 48 can abut (col. 15, lines 18-34). The mechanical principle of combining the filter element (10, Fig. 13) with filter housing (11, Fig. 13) taught by Hasenfratz meets the recitation “the structure elements comprising grooves in circumference walls of the structure elements, and the grooves configured for receiving edges of breakthroughs of counter elements that are arranged circumferentially on and formed through a wall of a receiving part in a sealing manner when the filter element is arranged in the receiving part”.
It is noted that both the Schmid and Hasenfratz references direct a filter element for a filter system to be placed in a filter housing.
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the filter element for a filter system of Schmid to provide the features of “the structure elements comprising grooves in circumference walls of the structure elements, and the grooves configured for receiving edges of breakthroughs of counter elements that are arranged circumferentially on and formed through a wall of a receiving part in a sealing manner when the filter element is arranged in the receiving part” as taught by Hasenfratz, this is because mechanical principle of combining the filter element (10, Fig. 13) with filter housing (11, Fig. 13) by utilizing the concept of “the structure elements comprising grooves in circumference walls of the structure elements, and the grooves configured for receiving edges of breakthroughs of counter elements that are arranged circumferentially on and formed through a wall of a receiving part in a sealing manner when the filter element is arranged in the receiving part” is a known, effective method as taught by Hasenfratz (Fig. 13; col. 15, lines 18-34).
In regard to claim 8, Hasenfratz discloses a rectangular shape, not a tapered shape, of the structure elements (46, 48, Fig. 13) in a mounting direction (Fig. 13). However, the tapered shape of the structure is considered as changes in shape and considered obvious to one skilled in the art. See MPEP 2144.04.
In regard to claim 9, Schmid discloses the structure elements (40, Fig, 1) are integral with a side wall of the circumferential frame element (28, Fig. 1) surrounding the filter body (12, 14, Fig. 1).
In regard to claim 10, Schmid discloses the structure elements (40, Fig, 1) are integral with the circumferential frame element (28, Fig. 1).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YOUNGSUL JEONG whose telephone number is (571)270-1494. The examiner can normally be reached on Monday-Friday 9AM-5PM.
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/YOUNGSUL JEONG/Primary Examiner, Art Unit 1772
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