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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on April 10th, 2026 has been entered.
Response to Amendment
The amendment filed April 10th, 2026 has been entered. Claims 1 and 4-15 remain pending in the application.
Response to Arguments
Applicant’s arguments, see Applicant Arguments/Remarks, filed April 10th, 2026, with respect to the rejection of claims 1 and 4-15 under 35 U.S.C. 103 as being unpatentable over Kubokawa (US 2004/0172928 A1) in view of Felber (WO 2008/119410 A1) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground of rejection is made in view of German Patent Publication No. DE 10 2007 057 616 A1 to Kolb et al., and further in view of Kubokawa.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 12-15 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 12 recites the limitation "the first end fold section" in line 14. There is insufficient antecedent basis for this limitation in the claim. For the purpose of compact prosecution, the Examiner has interpreted this to mean “the
Claims 13-15, which are dependent upon claim 12, are likewise rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the 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, 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.
Claims 1 and 4-15 are rejected under 35 U.S.C. 103 as being unpatentable over German Patent Publication No. DE 10 2007 057 616 A1 to Kolb et al. (hereinafter referred to as Kolb), and further in view of U.S. Patent Publication No. US 2004/0172928 A1 to Kubokawa (hereinafter referred to as Kubokawa).
Regarding claim 1, Kolb teaches a filter element (Fig. 6) comprising: a fold pack comprising a filter material folded in a zigzag shape (Fig. 3, folded filter pack 24), the fold pack comprising lateral fold profiles (Fig. 3) and a first end fold section at a first head side of the fold pack (Fig. 3, front end fold surface 28); lateral strips attached to the lateral fold profiles of the fold pack (Fig. 6, sealing element strip 48); and a head strip comprising a first leg extending in a height direction of the fold pack (Fig. 3, first leg 34a) and a second leg extending from the first leg and acting as a first seal section (Pg. 4, “The frontal frame element parts 34 are at the spaced end folds of the pleated filter pack 24 sealingly arranged by engaging with the end-face end fold surfaces 28”) projecting laterally and angularly away from the first end fold section at the first head side of the fold pack (Fig. 3, second leg 34b), wherein the head strip is a separate component which is attached to the first end fold section (Fig. 3, frontal frame element part 34 is separate from front end fold surface 28). Kolb does not teach wherein the first seal section comprises at least one first incision or cutout, configured to receive a corresponding first filter housing contour.
However, Kubokawa teaches a filter element comprising a fold pack (Fig. 1, filter element 20), a head strip comprising a first leg extending in a height direction of the fold pack (see annotated figure below )
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and a second leg extending from the first leg and acting as a first seal section projecting laterally and angularly away from the first end fold section (Fig. 5, attachment strip 28 extends laterally and angularly away from the first end fold section ; see also annotated figure below); wherein the first seal section comprises at least one first incision or cutout (Fig. 1, openings 34, 35), configured to receive a corresponding first filter housing contour (¶0020 “filter element 20 can be mounted on the frame 11 with either of the attachment strips 28 on the end portions of the sheet 21 of filter media engaged with the projections 32 and 33 (i.e., with the projections 32 and 33 in the opening 34 and 35 in the end portions and the attachment strips 28)”). Kubokawa further teaches that the cutouts ensure appropriate installation of the filter element into a housing (¶ “the first and second distances are different so that, while the filter element can be mounted on the frame with the structure at either ends of the sheet of filter media engaged with the projections at either of the end parts of the frame, the filter element can only be mounted on the frame with the inlet surface of the sheet facing the same direction as the front surface of the frame. This restricts the possibility that a user will place the filter media in the frame with its inlet surface facing away from the direction that air is to flow”).
Kolb and Kubokawa are considered analogous to the claimed invention because they are in the same field of air filter elements. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the filter element of Kolb to include the mated cutouts and projections of Kubokawa to ensure proper mounting of the filter element within a frame or housing.
Regarding claim 4, Kolb and Kubokawa teach the filter element as applied to claim 1 above. Kolb further teaches a second seal section projecting laterally and angularly away from at least one of the lateral strips (Fig. 6, extension flaps 52).
Regarding claim 5, Kolb and Kubokawa teach the filter element as applied to claim 4 above. Kolb does not teach wherein the second seal section comprises at least one second incision or cutout configured to receive a corresponding second filter housing contour. However, with the modification of Kolb to incorporate the cutouts of Kubokawa, it would have been obvious to one of ordinary skill in the art to additionally modify the second seal section of Kolb to include the cutouts and corresponding projections as taught by Kubokawa. This would further ensure that the filter assembly is placed correctly, creating an adequate seal around the entire perimeter of the assembly. Furthermore, mere duplication of parts has no patentable significance unless a new and unexpected result is produced. An incision or cutout would yield predictable results as Kubokawa has previously demonstrated the success of such a mechanism to secure the first seal section. See MPEP § 2144.04 (VI)(B).
Regarding claim 6, Kolb and Kubokawa teach the filter element as applied to claim 4 above. Kolb further teaches wherein the second seal section is a section of the at least one of the lateral strips and projects laterally past a width and/or past a height of the fold pack (Fig. 6, extension flaps 52 are a part of sealing element strips 48 and project laterally past a width of the fold pack).
Regarding claim 7, Kolb and Kubokawa teach the filter element as applied to claim 1 above. Kolb further teaches wherein the first seal section is a flat material strip (Fig. 3, first and second legs 34a and 34b are both flat). Kubokawa teaches wherein the at least one first incision or cutout is a notch, a hole and/or a stamped-out portion in the flat material strip (Fig. 1 of Kubokawa, openings 34 and 35 on attachment strips 28).
Regarding claim 8, Kolb and Kubokawa teach the filter element as applied to claim 1 above. Kolb further teaches wherein the first seal section is a section of the head strip and projects laterally past a length and/or past a height of the fold pack (Fig. 3, frame member 34 comprises the first seal section (34b) which extends past a length of the filter pack 24).
Regarding claim 9, Kolb and Kubokawa teach the filter element as applied to claim 1 above. Kolb further teaches wherein a second seal section is a section of a second end fold section at a second head side of the fold pack opposite the first head side (Fig. 6 shows that there are two frame members 34 on opposite head sides of the filter pack 24) and projects laterally past a length and/or past a height of the fold pack (Fig. 3, second leg 34b extends past a length of the filter pack 24).
Regarding claim 10, Kolb and Kubokawa teach the filter element as applied to claim 1 above. Kolb further teaches wherein the first seal section is comprised of a compressible textile material (Abstract “A sealing element strip is made of plastic foam material or compressible textile material.” ; A “compressible textile material” reads on a “filter material). In the event that Kolb does not adequately teach wherein the first seal section is comprised of the filter material, Kubokawa teaches wherein a first seal section is comprised of the filter material (¶0031 “The attachment strips 28 may be formed of a suitable material including … multiple layers of the filter media laminated together.”). It would have been obvious to one of ordinary skill in the art that Kolb could be further modified in such a way that the first seal section is comprised of the same filter material as taught by Kubokawa in order to increase manufacturing efficiency. Furthermore, the simple substitution of one known element for another to obtain predictable results (forming a seal) supports a prima facie case of obviousness. See MPEP § 2143(I)(B).
Regarding claim 11, Kolb and Kubokawa teach the filter element as applied to claim 1 above. Kolb further teaches wherein the angle at which the first seal section angularly projects away from the end fold section is variable (Abstract “A sealing element strip is made of plastic foam material or compressible textile material.” ; A compressible textile material is capable of varying the angle at which it projects as it is a flexible material).
Regarding claim 12, Kolb teaches a filter assembly (Fig. 2) comprising: a filter housing (Fig. 2, frame element 30) comprising a first housing part with a filter housing contour (Fig. 2, peripheral wall 20 ; Pg. 8, “with a filter holder (10) with a receiving space (16), in which the filter (18) is inserted, wherein the receiving space (16) by an angular circumferential wall (20) at which the filter (18) sealingly abuts.”); and a filter element configured to be received at least partially in the filter housing (Fig. 2, filter 18), the filter element comprising: a fold pack comprising a filter material folded in a zigzag shape (Fig. 3, folded filter pack 24), the fold pack comprising lateral fold profiles (Fig. 3) and an end fold section at a head side of the fold pack (Fig. 3, front end fold surface 28); lateral strips attached to the lateral fold profiles of the fold pack (Fig. 6, sealing element strip 48); and a head strip comprising a first leg extending in a height direction of the fold pack (Fig. 3, first leg 34a) and a second leg extending from the first leg and acting as a first seal section (Pg. 4, “The frontal frame element parts 34 are at the spaced end folds of the pleated filter pack 24 sealingly arranged by engaging with the end-face end fold surfaces 28”) projecting laterally and angularly away from the first end fold section at the head side of the fold pack (Fig. 3, second leg 34b), wherein the head strip is a separate component which is attached to the end fold section (Fig. 3, frontal frame element part 34 is separate from front end fold surface 28). Kolb does not teach wherein the filter housing has at least one engagement element and wherein the seal section comprises at least one incision or cutout configured to receive the at least one engagement element of the filter housing contour.
However, Kubokawa teaches a filter element comprising a fold pack (Fig. 1, filter element 20), a head strip comprising a first leg extending in a height direction of the fold pack (see annotated figure below ) and a second leg extending from the first leg and acting as a first seal section projecting laterally and angularly away from the first end fold section (Fig. 5, attachment strip 28 extends laterally and angularly away from the first end fold section ; see also annotated figure below);
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wherein the first seal section comprises at least one first incision or cutout (Fig. 1, openings 34, 35), configured to receive a corresponding first filter housing contour (¶0020 “filter element 20 can be mounted on the frame 11 with either of the attachment strips 28 on the end portions of the sheet 21 of filter media engaged with the projections 32 and 33 (i.e., with the projections 32 and 33 in the opening 34 and 35 in the end portions and the attachment strips 28)”). Kubokawa further teaches that the cutouts ensure appropriate installation of the filter element into a housing (¶ “the first and second distances are different so that, while the filter element can be mounted on the frame with the structure at either ends of the sheet of filter media engaged with the projections at either of the end parts of the frame, the filter element can only be mounted on the frame with the inlet surface of the sheet facing the same direction as the front surface of the frame. This restricts the possibility that a user will place the filter media in the frame with its inlet surface facing away from the direction that air is to flow”).
Kolb and Kubokawa are considered analogous to the claimed invention because they are in the same field of air filter elements. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the filter element of Kolb to include the mated cutouts and projections (the claimed “engagement element”) of Kubokawa to ensure proper mounting of the filter element within the housing.
Regarding claim 13, Kolb and Kubokawa teach the filter assembly as applied to claim 12 above. Kolb further teaches wherein the first housing part comprises a first seal ridge against which the seal section is fastened (Fig. 2, circumferential wall 20 ; Pg. 8, “wherein the receiving space (16) by an angular circumferential wall (20) at which the filter (18) sealingly abuts.” ; In the proposed modification described above, the angular circumferential wall would be where the first seal would be fastened).
Regarding claim 14, Kolb and Kubokawa teach the filter assembly as applied to claim 13 above. Kubokawa further teaches wherein the filter housing comprises a second housing part with a second seal ridge, and wherein the seal section is sealingly clamped between the first seal ridge of the first housing part and the second seal ridge of the second housing part. With the modification of Kolb to incorporate the mated cutouts and projections, the filter assembly would read on all limitations of claim 14.
Regarding claim 15, Kolb and Kubokawa teach the filter assembly as applied to claim 12 above. Kubokawa further teaches the use of axially extending ribs (Fig. 2, element 67) projecting from the engagement projections (Fig. 2, element 32) that help retain attachment strips around the projections (¶0032 “The generally cylindrical projections 32 and 33 can have a plurality of equally circumferentially spaced radially projecting axially extending ribs 67 that will press into the structures along the end portions of the sheet 21 of filter media (e.g., the attachment strips 28) when they are pressed over the projections 32 and 33 to help retain those structures around the projections 32 and 33.”). In order to securely attach the cover and base portions, Kubokawa teaches the use of a latch member (Fig. 4, latch member 59) which receives a lug (Fig. 1, lug 61). Kubokawa and Kolb do not explicitly teach wherein the engagement element comprises a hook.
However, it would have been obvious to one of ordinary skill in the art that with the modification of Kolb to incorporate the mated cutouts and projections of Kubokawa the frame element (34) of Kolb could be held in position using a latch member as taught by Kubokawa in place of the engagement projections. Such a substitution would yield predictable results to one of ordinary skill in the art, as Kubokawa has demonstrated that the latch member successfully holds the cover and base portions together (and would thus be capable of holding frame element 34 of Kolb securely in place). See MPEP § 2143 (I)(B).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RACHEL MARIE SLAUGOVSKY whose telephone number is (571)272-0188. The examiner can normally be reached Monday - Friday 8:30 am - 5:30 pm EST.
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/RACHEL MARIE SLAUGOVSKY/Examiner, Art Unit 1776
/Jennifer Dieterle/Supervisory Patent Examiner, Art Unit 1776
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