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 Status
Claims 1-4, 6-13, 15-16 are rejected.
Claims 5, 14 and 17-20 are withdrawn.
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.
Claim(s) 1-4, 6-13 and 15-16 are finally rejected under 35 U.S.C. 103 as being unpatentable over Knopke et al. (US 2021/0323839) [hereinafter Knopke] in view of Kahana (US 5,637,214).
With respect to claim 1, Knopke discloses a water filter cartridge 10 (fluid filter), as shown in Fig. 1, that can be located in a dispensing apparatus that has a first region in which an unfiltered fluid is located and a second region in which a filtered fluid is collected (see paragraph 0031, filter is to be used with water filter pitcher) having: a housing 12 located to receive the unfiltered fluid from a first region, as shown in Fig. 3, the housing 12 including a wall having an inner surface and a bottom surface that collectively define a chamber 22 (cavity), as shown in Fig. 3, slots 20 (inlet opening) through which unfiltered fluid passes into the cavity 22, as shown in Fig. 3, and an outlet opening 26 through which filter fluid passes from the cavity 22, as shown in Fig. 6, the housing 12 defining a flow path for fluid passing therethrough between the inlet opening 20 and the outlet opening 26, as shown in Fig. 3; a top cover 18 (top) removably coupled to the housing 12, as shown in Fig. 3, the top 18 including an engagement portion extending therefrom, as shown in the figures below; and filter media 24, 28, located therein, as shown in Fig. 4, the filter media 24, 28, being insertable into the cavity 22 when the top 18 is removed from the housing 12, as shown in Fig. 4 (see paragraph 0038), wherein the engagement portion of the top 18 applies a force on the filter media 24, 28, as shown in Fig. 3 (see paragraph 0039), the filter media 24, 28, extending across the flow path when in the housing 12, as shown in Fig. 3, thereby ensuring that fluid passing from the inlet opening 20 to the outlet opening 26 engages the filter media 24, 28, so that at least one contaminant is reduced from the fluid passing through the fluid filter 10, as shown in 3.
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Knopke lacks a drapeable container having the filter media and being insertable into the cavity when the top is removed from the housing.
Kahana discloses a water treatment apparatus 10, as shown in Fig. 1, having: a filter assembly 16, as shown in Fig. 7, having a housing 34 located to receive the unfiltered fluid from a receptacle 30 (first region), as shown in Fig. 1; a lid 36 (top) removably coupled to the housing 34, as shown in Fig. 7 (see col. 3, lines 22-25); and a filter bag 38 (drapeable container) having a filter media 80 located therein, as shown in Fig. 7, the drapeable container 38 being insertable into the cavity when the top 36 is removed from the housing 34, as shown in Fig. 7 (see col. 3, lines 49-51). Kahana teaches that after prolonged use, the filter assembly 16 is removed from the pitcher insert 14, the lid 36 is removed from the filter housing 34, the drapeable container 38 is removed and replaced with a new drapeable container 38, the lid 36 is replaced on the filter housing 34, and the filter assembly 16 is reinserted into the filter holder 32 in the pitcher insert 14. Thus, there is no need to discard the filter housing 34 and lid 36 when replacing the filter media (see col. 4, lines 1-9). Therefore, it would have been obvious to one of ordinary skill in the art to provide the filter disclosed by Knopke with a drapeable container having the filter media and being insertable into the cavity when the top is removed from the housing, as taught by Kahana, in order to be able to reuse the filter housing and reducing waste of materials by a user (see col. 4, lines 1-9 of Kahana).
With respect to claim 2, Knopke as modified by Kahana discloses wherein the wall of the housing 12 extends around an inner perimeter of the cavity 22, as shown in Fig. 3 of Knopke, and the drapeable container 38 engages the inner surface of the wall around the inner perimeter of the cavity, as shown in Fig. 7, as shown in Fig. 7 of Kahana.
With respect to claim 3, Knopke as modified by Kahana lacks wherein the applied force from the engagement portion causes the drapeable container to expand laterally to contact the inner surface of the wall. However, Knopke teaches the engagement portion of the top 18 applies a force on the filter media 24, 28, as shown in Fig. 3 (see paragraph 0039 of Knopke), and therefore, it would be obvious that with the modification with Kahana, the applied force from the engagement portion causes the drapeable container to expand laterally to contact the inner surface of the wall, since the applied force will be on the drapeable container.
With respect to claim 4, Knopke discloses wherein the engagement portion is substantially ring-shaped, as shown in Figs. 1-11.
With respect to claim 6, Knopke as modified by Kahana discloses wherein the housing 12 includes an inner bottom surface, as shown in Fig. 3 of Knopke, and when the drapeable container 38 is engaged by the engagement member, the drapeable container 38 engages the inner surface of the wall continuously around the cavity to seal the flow path between the inlet opening 20 and the outlet opening 26, as shown in Fig. 3 of Knopke.
With respect to claim 7, Knopke as modified by Kahana discloses wherein the drapeable container 38 is formed of at least one wall member made of a porous material, as shown in Fig. 7 of Kahana, the at least one wall member defining a compartment in which the filter media 80 is located, as shown in Fig. 7 of Kahana, and the fluid flowing from the inlet opening 52 to the outlet opening 72 flows through the at least one wall member and engages the filter media 80 in the drapeable container 38, as shown in Fig. 7 of Kahana.
With respect to claim 8, Knopke discloses wherein the housing 12 has an upper end and a lower end opposite the upper end, as shown in Fig. 2, the housing wall extends from the upper end to the lower end and is tapered from the upper end to the lower end, as shown in Fig. 2, and the cavity 22 defined by the inner surface of the wall has a first inner diameter proximate to the upper end and a second inner diameter proximate to the lower end, the first inner diameter being larger than the second inner diameter, as shown in Fig. 3.
With respect to claim 9, Knopke as modified by Kahana discloses wherein the housing 12 has an inner bottom surface and at least one projection 32 (post) extending upwardly from the inner bottom surface, as shown in Fig. 4 of Knopke, and the at least one post 32 is proximate to the outlet opening 26 and engages the drapeable container 38 when the drapeable container 38 is in the cavity to prevent the drapeable container 38 from blocking the outlet opening 26, as shown in Fig. 4 of Knopke.
With respect to claim 10, Knopke as modified by Kahana discloses wherein the housing 12 includes four spaced apart posts 32 extending upwardly from the inner bottom surface, as shown in Fig. 4 of Knopke, and each of the posts 68 engages the drapeable container when the drapeable container is in the cavity, as shown in Fig. 4 of Knopke.
With respect to claim 11, Knopke as modified by Kahana discloses wherein the housing 12 has an inner bottom surface with a spacing structure 32 extending upwardly therefrom, as shown in Fig. 4, and the spacing structure 32 engages the drapeable container 38 to prevent it from blocking the outlet opening 26, as shown in Fig. 4 of Knopke.
With respect to claim 12, Knopke discloses a water filter cartridge 10 (fluid filter), as shown in Fig. 1, having: a housing 12 including a wall and a bottom surface defining a cavity 22, as shown in Fig. 3, the housing 12 including an outlet 26 through which fluid can pass, as shown in Fig. 6, the outlet 26 being in communication with the cavity 22, as shown in Figs. 4-6; a top 18 removably coupled to the housing 12, as shown in Fig. 4, one of the housing 12 and the top 18 including an inlet 20 through which fluid can pass, the inlet 20 being in communication with the cavity 22, as shown in Fig. 4, the housing 12 defining a flow path between the inlet 20 and the outlet 26, as shown in Fig. 4, the top 18 including an engagement portion, as shown in the figure above; and a filter media 24, 28, therein, as shown in Fig. 4, the filter media 24, 28, being disposable in the cavity 22, as shown in Fig. 8, the top 18 engaging the filter media 24, 28, when the top 18 is coupled to the housing 12, as shown in Fig. 4, wherein one of the top 12 and the housing bottom surface applies a force to the filter media 24, 28, so that the filter media 24, 28, extend across the cavity 22 and seal the flow path so that fluid entering the inlet 20 engages the filter media 24, 28, before the fluid exits the outlet 26 of the housing 12, as shown in Fig. 4, and the engagement portion of the top 18 applies a force on the filter media 24, 28, (see paragraph 0039).
Knopke lacks a drapeable pouch containing the filter media therein, the drapeable pouch being disposable in the cavity.
Kahana discloses a water treatment apparatus 10, as shown in Fig. 1, having: a filter assembly 16, as shown in Fig. 7, having a housing 34 located to receive the unfiltered fluid from a receptacle 30 (first region), as shown in Fig. 1; a lid 36 (top) removably coupled to the housing 34, as shown in Fig. 7 (see col. 3, lines 22-25); and a filter bag 38 (drapeable pouch) having a filter media 80 located therein, as shown in Fig. 7, the drapeable pouch 38 being insertable into the cavity when the top 36 is removed from the housing 34, as shown in Fig. 7 (see col. 3, lines 49-51). Kahana teaches that after prolonged use, the filter assembly 16 is removed from the pitcher insert 14, the lid 36 is removed from the filter housing 34, the drapeable pouch 38 is removed and replaced with a new drapeable pouch 38, the lid 36 is replaced on the filter housing 34, and the filter assembly 16 is reinserted into the filter holder 32 in the pitcher insert 14. Thus, there is no need to discard the filter housing 34 and lid 36 when replacing the filter media (see col. 4, lines 1-9). Therefore, it would have been obvious to one of ordinary skill in the art to provide the filter disclosed by Knopke with a drapeable pouch containing the filter media therein, the drapeable pouch being disposable in the cavity, as taught by Kahana, in order to be able to reuse the filter housing and reducing waste of materials by a user (see col. 4, lines 1-9 of Kahana). With this modification, it is obvious that the engagement portion of the top applies a force on the drapeable pouch.
With respect to claim 13, Knopke as modofied by Kahana discloses wherein the housing wall extends around an inner perimeter of the cavity 22, as shown in Fig. 3 of Knopke, and the drapeable pouch 38 engages the housing wall around the inner perimeter of the cavity, as shown in Fig. 7 of Kahana.
With respect to claim 15, Knopke as modified by Kahana discloses wherein the housing 12 includes an inner bottom surface and a spacing structure 32 extending upwardly from the inner bottom surface as shown in Fig. 4 of Kopke, and the spacing structure 32 engages the drapeable pouch 38 and prevents the drapeable pouch 38 from blocking the outlet 26 when the drapeable pouch 38 is in the housing 12, as shown in Fig. 7 of Kahana.
With respect to claim 16, Knopke as modified by Kahana discloses wherein the housing 12 has an upper end and a lower end opposite the upper end, as shown in Fig. 3 of Knopke, the housing wall is tapered from the upper end to the lower end, as shown in Fig. 3 of Knopke, the cavity 22 has a first inner diameter proximate to the upper end and a second inner diameter proximate to the lower end, and the first inner diameter is larger than the second inner diameter, as shown in Figs. 2-4 of Knopke.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-4, 6-13 and 15-16 have been considered but are moot because of new grounds of rejection.
In response of applicant’s arguments that Kahana lacks the new limitation regarding the engagement portion of the top applying a force on the drapeable container: The combination of Knopke and Kahana teach the new limitations, as stated above.
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 MADELINE GONZALEZ whose telephone number is (571)272-5502. The examiner can normally be reached M-F 9-5:30.
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/MADELINE GONZALEZ/Primary Examiner, Art Unit 1773