DETAILED ACTION
Claim Rejections - 35 USC § 102
Claims 1-4, 6-12 and 14 are rejected under 35 U.S.C. 102(A1/A2) as being anticipated by WO 2016/162097.
The present invention is directed to a filter cartridge for a pool or spa comprising a fluid flow path into the filter cartridge wherein the orientation of the fluid flow path is adjustable. A diverter provided at the inlet within a housing of the filter cartridge changes the orientation of the fluid flow path of the pool water entering the housing. Claims 1-4, 6-11 and 14 are seen to be anticipated by, WO 2016/162097, which is considered as the closest prior art to the present invention. With regard to claims 1, 8 and 15, WO 2016/162097 discloses a filter cartridge (1) for a swimming pool or spa (page 3, line 37) comprising a housing (2) with an entry port (3) and an internal diverter (31-figs 1, 7, 8) changing a direction of fluid flow into the filter cartridge from the entry port (page 14, lines 28-35). WO 2016/162097 also discloses a filter cartridge for a swimming pool or spa having a housing and an adjustable diverter within the housing for controlling a fluid flow into the housing; and a method of filtering water from a swimming pool or spa, the method comprising, receiving the water at a filter cartridge and the controlling an orientation of a fluid flow path of the water into a housing of a filter cartridge using an internal diverter.
Regarding claims 2-4, 9-12 and 14, WO 2016/162097 discloses the internal diverter is detachable from a housing of the filter cartridge (page 14, lines 30-32; figs 4, 7, 8); the internal diverter is adjustable to provide multiple angular settings directing flow and the adjustable diverter is rotatable relative to the housing (page 14; line 31); and central axis of the entry port intersects a central axis of the housing (see figs 1, 3). The shape of the housing wall is seen to predefine the plurality of angular positions.
Regarding claims 6 and 7, WO 2016/162097 discloses the internal diverter is configured to create a predominantly radial flow inside the housing (the tangential flow entering the filter housing disclosed in page 14, line 33 results in creating a radial flow inside the housing); and filtering material placed within the housing, and wherein the housing further comprises an exit port (see item 4, fig 1).
Claim Rejections - 35 USC § 103
Claims 5 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over WO 2016/162097 as applied to claims 1-4, 6-12 and 14 above, and further in view of Marciano. Claims 5 and 13 specify vertical internal ribs, which are not expressly disclosed by WO 2016/162097. Marciano discloses vertical ribs 36. It would have been obvious to employ vertical ribs as taught by Marciano in the system of WO 2016/162097, minimally, in order to increase the structural integrity of the structure and/or aid in positioning of the cartridge in the vessel/housing and/or direct flow.
Claim Rejections - 35 USC § 112
Claims 1-14 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. It is unclear what is being claimed. Independent claims 1 and 8 call-out a “filter cartridge”, which would be located inside a filter housing as those skilled in the art would understand these terms. Yet, Applicant confusingly calls out a “housing” as being a sub-component of a “filter cartridge”. This claim format only serves to confuse those skilled in the art. In claim 12, it is unclear what is intended by “the plurality of angular positions are predefined by the housing”. How? In what sense are they “pre-defined”?
Applicant’s election is acknowledged:
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/ROBERT J POPOVICS/ Primary Examiner
Art Unit 1776