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 .
Election/Restrictions
Claims11-21 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 11/4/25.
Information Disclosure Statement
The information disclosure statement filed 9/28/23 fails to comply with 37 CFR 1.98(a)(3)(i) because it does not include a concise explanation of the relevance, as it is presently understood by the individual designated in 37 CFR 1.56(c) most knowledgeable about the content of the information, of each reference listed that is not in the English language. It has been placed in the application file, but the information referred to therein has not been considered.
The foreign documents and NPL are not in English.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 1-7 and 10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Oren et al. WO 2021/163027.
Claim 1, Oren teaches a filter assembly comprising: a filter housing assembly (102) including: a housing (115) defining an inner cavity, and a lid (120) engageable with the housing at an opening of the inner cavity, an end of the lid spaced apart from the housing to form a channel (having seal 117 and protrusion 142) therebetween when the lid is fully installed onto the housing, and a filter element (104) disposed within the inner cavity, the filter element including: a media pack (108, 110) having a media pack first end and a media pack second end opposite the media pack first end, a first endplate (112) sealing engaged with the media pack first end, the first endplate including a skirt (136) extending along a longitudinal axis of the media pack from the media pack first end toward the media pack second end and defining at least one vent opening extending radially through the skirt, a flange (142) extending radially away from the media pack, the flange extending into the channel between the lid and the housing, a second endplate (114) coupled to the media pack second end, and a first seal member (150) coupled to the second endplate, the first seal member sealingly engaged with the housing when the flange is engaged with the lid and the lid is fully installed onto the housing (fig. 2, 7-8, 16, 24, 26).
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Claims 2-7 and 10, Oren further teaches a standpipe (156) coupled to the housing and extending into the inner cavity, the filter element further including a second seal member (154) sealingly engaged with the standpipe when the flange is engaged with the lid and the lid is fully installed onto the housing (fig. 2, 7-8); the housing includes a threaded portion (at 130) along a first inner surface of the housing, and a ledge (128,126) extending radially inward from the first inner surface, the lid and the ledge together defining the channel, wherein an outer diameter of the ledge is greater than an outer diameter of the lid at the end of the lid (fig. 2, 7-8); the flange is spaced apart from the lid to form an axial gap (at 117) between the lid when the lid is fully installed onto the housing (fig. 2, 7-8); the flange extends radially away from the skirt proximate to a distal end of the skirt (fig. 2, 7-8); the first endplate further includes a protrusion (140) extending radially away from the media pack, the protrusion disposed axially between the flange and the media pack first end, wherein an outer diameter of the protrusion is less than an outer diameter of the flange (fig. 2, 7-8); an inner diameter of the first endplate at the protrusion is less than an inner diameter of the first endplate at the flange (fig. 2); and the housing defines a ledge (126) extending radially inward from an inner surface of the housing, the lid and the ledge together defining the channel, wherein an outer diameter of the ledge is greater than an outer diameter of the flange (fig. 2, 7-8).
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) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Oren et al. WO 2021/163027.
Claim 8, Oren teaches the filter assembly of claim 6 but does not teach an outer diameter of the first endplate in a region of the first endplate between the protrusion and the flange increases from the protrusion to the flange. The recitation of the outer diameter increasing between the protrusion and the flange is a recitation of the relative dimensions of the skirt. [W]here the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device is not patentably distinct from the prior art device, Gardner v. TEC Systems, Inc., 220 USPQ 777 (1984).
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Oren et al. WO 2021/163027 in view of Popoff et al. US 5,770,065.
Oren teaches the filter assembly of claim 6 but does not teach the lid defining a groove in a circumferential direction along an inner surface that engages with the protrusion.
Popoff teaches a filter assembly comprising: a filter housing assembly including a housing (12) and a lid (108) engageable with the housing, and a filter element (24) disposed within the housing, with an endplate (120) engaged with the filter element, the endplate including a protrusion (134) extending radially away from filter media of the filter element and the lid defines a groove (142) extending in a circumferential direction along an inner surface of the lid, the protrusion engaged with the groove (fig. 1, 5-7). It would have been obvious to one of ordinary skill in the art to provide a groove on the lid to engage with the protrusion of Oren because it allows the lid to be removed and carry the filter element along with it to remove both from the housing (col. 7, lines 44-59).
Claim(s) 1-8 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Oren et al. WO 2021/163027 in view of Brown et al. US 2003/0226790.
Claim 1, Oren teaches a filter assembly comprising: a filter housing assembly (102) including: a housing (115) defining an inner cavity, and a lid (120) engageable with the housing at an opening of the inner cavity, an end of the lid spaced apart from the housing to form a channel (having seal 117 and protrusion 142) therebetween when the lid is fully installed onto the housing, and a filter element (104) disposed within the inner cavity, the filter element including: a media pack (108, 110) having a media pack first end and a media pack second end opposite the media pack first end, a first endplate (112) sealing engaged with the media pack first end, the first endplate including a skirt (136) extending along a longitudinal axis of the media pack from the media pack first end toward the media pack second end, a flange (142) extending radially away from the media pack, the flange extending into the channel between the lid and the housing, a second endplate (114) coupled to the media pack second end, and a first seal member (150) coupled to the second endplate, the first seal member sealingly engaged with the housing when the flange is engaged with the lid and the lid is fully installed onto the housing (fig. 2, 7-8, 16, 24, 26). Oren appears to show a vent opening extending radially through the skirt in figures 16, 24 and 26 but the written description does not explicitly state the structure depicted in the figures is a vent opening.
Brown teaches a filter assembly comprising a filter housing assembly including a housing assembly, including a housing (21) defining an inner cavity, a lid (26) engagable with the housing at an opening of the inner cavity, a filter element (53) disposed within the inner cavity, the filter element including: a media pack having a first and second end, a first end plate (54) sealing engaged with the media pack first end, the first endplate including a skirt extending along a longitudinal axis of the media pack from the first end toward the second end and defining at least one vent opening (122) extending radially through the skirt (fig. 1-13). It would have been obvious to one of ordinary skill in the art to provide a vent hole in the skirt because it allows for a pressure equalization between the unfiltered zone and the area above the endcap to alleviate the stress on the endcap during use (par 44).
Claims 2-7 and 10, Oren further teaches a standpipe (156) coupled to the housing and extending into the inner cavity, the filter element further including a second seal member (154) sealingly engaged with the standpipe when the flange is engaged with the lid and the lid is fully installed onto the housing (fig. 2, 7-8); the housing includes a threaded portion (at 130) along a first inner surface of the housing, and a ledge (128,126) extending radially inward from the first inner surface, the lid and the ledge together defining the channel, wherein an outer diameter of the ledge is greater than an outer diameter of the lid at the end of the lid (fig. 2, 7-8); the flange is spaced apart from the lid to form an axial gap (at 117) between the lid when the lid is fully installed onto the housing (fig. 2, 7-8); the flange extends radially away from the skirt proximate to a distal end of the skirt (fig. 2, 7-8); the first endplate further includes a protrusion (140) extending radially away from the media pack, the protrusion disposed axially between the flange and the media pack first end, wherein an outer diameter of the protrusion is less than an outer diameter of the flange (fig. 2, 7-8); an inner diameter of the first endplate at the protrusion is less than an inner diameter of the first endplate at the flange (fig. 2); and the housing defines a ledge (126) extending radially inward from an inner surface of the housing, the lid and the ledge together defining the channel, wherein an outer diameter of the ledge is greater than an outer diameter of the flange (fig. 2, 7-8).
Claim 8, Oren in view of Brown teaches the filter assembly of claim 6 but does not teach an outer diameter of the first endplate in a region of the first endplate between the protrusion and the flange increases from the protrusion to the flange. The recitation of the outer diameter increasing between the protrusion and the flange is a recitation of the relative dimensions of the skirt. [W]here the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device is not patentably distinct from the prior art device, Gardner v. TEC Systems, Inc., 220 USPQ 777 (1984).
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Oren et al. WO 2021/163027 in view of Brown et al. US 2003/0226790 as applied to claim 6 above and further in view of Popoff et al. US 5,770,065.
Oren in view of Brown teaches the filter assembly of claim 6 but does not teach the lid defining a groove in a circumferential direction along an inner surface that engages with the protrusion.
Popoff teaches a filter assembly comprising: a filter housing assembly including a housing (12) and a lid (108) engageable with the housing, and a filter element (24) disposed within the housing, with an endplate (120) engaged with the filter element, the endplate including a protrusion (134) extending radially away from filter media of the filter element and the lid defines a groove (142) extending in a circumferential direction along an inner surface of the lid, the protrusion engaged with the groove (fig. 1, 5-7). It would have been obvious to one of ordinary skill in the art to provide a groove on the lid to engage with the protrusion of Oren because it allows the lid to be removed and carry the filter element along with it to remove both from the housing (col. 7, lines 44-59).
Response to Arguments
Applicant's arguments filed 2/20/26 have been fully considered but they are not persuasive.
Applicant’s arguments are addressed in the body of the rejection above.
Applicant’s arguments with respect to claim(s) 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 BENJAMIN M KURTZ whose telephone number is (571)272-8211. The examiner can normally be reached Monday-Friday 8:30-5.
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/BENJAMIN M KURTZ/Primary Examiner, Art Unit 1779