Prosecution Insights
Last updated: April 18, 2026
Application No. 18/252,906

FILTER MATERIAL FOR FILTERING A FLUID

Non-Final OA §103§112
Filed
May 15, 2023
Examiner
RUDDIE, ELLIOT S
Art Unit
3785
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Bio-Gate AG
OA Round
1 (Non-Final)
65%
Grant Probability
Favorable
1-2
OA Rounds
3y 9m
To Grant
99%
With Interview

Examiner Intelligence

Grants 65% — above average
65%
Career Allow Rate
303 granted / 464 resolved
-4.7% vs TC avg
Strong +43% interview lift
Without
With
+42.7%
Interview Lift
resolved cases with interview
Typical timeline
3y 9m
Avg Prosecution
36 currently pending
Career history
500
Total Applications
across all art units

Statute-Specific Performance

§101
2.3%
-37.7% vs TC avg
§103
48.3%
+8.3% vs TC avg
§102
17.6%
-22.4% vs TC avg
§112
24.9%
-15.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 464 resolved cases

Office Action

§103 §112
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. Priority Acknowledgement is made to Applicant’s claim to priority PCT/EP2021/081562 filed November 11, 2021 and to Foreign App. No. EP20207837.4 filed November 16, 2020 . Status of Claims This Office Action is responsive to the preliminary amendment filed on May 15, 2023 . As directed by the amendment: claims 1-16 have been cancelled; and claims 17-28 have been added. Thus, claims 17-28 are presently pending in this application. Information Disclosure Statement Acknowledgement is made to Applicant's lack of an Information Disclosure Statement submission. The listing of references in the specification is not a proper information disclosure statement. 37 CFR 1.98(b) requires a list of all patents, publications, or other information submitted for consideration by the Office, and MPEP § 609.04(a) states, "the list may not be incorporated into the specification but must be submitted in a separate paper." Therefore, unless the references have been cited by the examiner on form PTO-892, they have not been considered. Claim Objections Claim s 26-27 are objected to because of the following informalities: Claims 26-27 recite “A method according”, ln 1 should read --Method according-- . Appropriate correction is required. 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 appl icant regards as his invention. Claim s 17 and 23 , and claims 18-22 and 24-28 by dependency, 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 17 recites “ wherein said silver particles are fixed in the filter material by having a rough surface structure ”, ln 2-3 t he term “ rough surface structure ” is a relative term which renders the claim indefinite. The term “ rough surface structure ” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Based on the instant specification, Pg. 3, the silver particle having a rough surface structure has been interpreted as the silver particle being open porous particles or having a sponge-like structure. Claim 17 recites “ wherein pores in said particles have a size and form allowing said particles to be penetrated by said fibers or at least a part of said fibers or to be traversed by said fibers or at least a part of said fibers. ”, ln 4-6 it is unclear how the fibers would penetrate the silver particles, especially if the particles are introduced in the fibers by dipping or spraying. Furthermore, the lack of punctations makes the limitation unclear because it appears “ at least a part of said fibers ” has been repeated without any difference. For the purpose of this Office Action “ wherein pores in said particles have a size and form allowing said particles to be penetrated by said fibers or at least a part of said fibers or to be traversed by said fibers or at least a part of said fibers. ” has been interpreted as -- wherein pores in said particles have a size and form allowing said particles : to be penetrated by said fibers or at least a part of said fibers , or to be traversed by said fibers , or to be at least a part of said fibers .--. Claim 23 recites “wherein said fibers have a diameter in the range of 100 nm to 10 µ m, in particular 500 nm to 5 µ m. ”, ln 1-2. A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 23 recites the broad recitation 500 nm to 5 µ m , and the claim also recites 100 nm to 10 µ m which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims. For the purpose of this Office Action claim 23 has been interpreted as -- wherein said fibers have a diameter in the range of 100 nm to 10 µ m --. Claim Rejections - 35 USC § 103 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 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) 17 , 19-20, and 28 are rejected under 35 U.S.C. 103 as being unpatentable over Olsen (U.S. Pub. No. 2015/0202557) in view of Revina et al. (RU 2357784 C2; hereinafter: “ Revina ”) . Regarding Claim 17, Olsen discloses a f ilter material for filtering a fluid which filter material comprises fibers (¶¶ 0023-0027) and metallic silver particles (¶¶ 0008-0012, 0028-0038). Olsen does not specifically disclose the filter material wherein said silver particles are fixed in the filter material by having a rough surface structure caught in said fibers, wherein said metallic silver particles are open porous particles, wherein pores in said particles have a size and form allowing said particles : to be penetrated by said fibers or at least a part of said fibers , or to be traversed by said fibers , or to be at least a part of said fibers . Revina teaches a filter material having silver particles ( claim 1 ) and fibers ( open-porous polyethylene ; Pg. 4, ln 1-11; Claim 1 ), wherein the silver particles are fixed in the filter material by having a rough surface structure caught in fibers ( Claim 1; Pg. 5, ln 5-13 ) , wherein said metallic silver particles are open porous particles ( Pg. 4, ln 1-11; Pg. 5, ln 5-13; Claim 1 ) , wherein pores in said particles have a size and form allowing said particles : to be at least a part of said fibers ( Pg. 4, ln 1-11; Pg. 5, ln 5-13; Pg. 6, ln 16-19; Claim 1 ) for the purpose of resulting with products and materials hav ing a high filtering ability and bactericidal activity for purifying water, industrial and food liquids and gases from various impurities, including pathogenic microorganisms ( Pg. 3, ln 19-23 ). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the f ilter material of Olsen to include the filter material wherein said silver particles are fixed in the filter material by having the rough surface structure caught in said fibers, wherein said metallic silver particles are open porous particles, wherein pores in said particles have the size and form allowing said particles to be at least a part of said fibers as taught by Revina for the purpose of resulting with products and materials hav ing a high filtering ability and bactericidal activity for purifying water, industrial and food liquids and gases from various impurities, including pathogenic microorganisms (See Revina : Pg. 3, ln 19-23) . Regarding claim 19, the modified device of Olsen discloses the f ilter material wherein said metallic silver particles have an equivalent spherical diameter in the range of 1 to 100 µ m (See Olsen: ¶¶ 0008, 0011, 0013; Examiner notes: The limitation “ equivalent spherical diameter ” has been interpreted as mean diameter .) . Regarding claim 20, the modified device of Olsen discloses the f ilter material wherein said filter material is filter material of a breathing mask, a respirator mask, an air-cleaning device, an air- conditioning device or a liquid cleaning device (See Olsen: ¶¶ 0018, 0024, 0025, 0027, See Revina : Pg. 6, ln 16-19). Regarding claim 28, the modified device of Olsen discloses a method for filtering a fluid, comprising filtering a fluid through the filter material according to claim 17 , shown above (See Olsen: ¶¶ 0018, 0024, 0025, 0027, See Revina : Pg. 6, ln 16-19) . Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Olsen in view of Revina as applied to claim 17 above, and further in view of Gray et al. (U.S. Pub. No. 2015/0044267; hereinafter: “Gray”) . Regarding claim 18, the modified device of Olsen discloses the f ilter material , shown above. The modified device of Olsen does not specifically disclose the f ilter material wherein said fibers are nonwoven fibers . Gray teaches filter material comprising nonwoven fibers (302; Fig. 2) for the purpose of increased air filtration efficiency (¶¶ 0098, 0101). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the modified device of Olsen to include the fibers being nonwoven fibers as taught by Gray for the purpose of increased air filtration efficiency (See Gray: ¶¶ 0098, 0101) . Claim(s) 21-23 are rejected under 35 U.S.C. 103 as being unpatentable over Olsen in view of Revina as applied to claim 17 above, and further in view of Naruse et al. (U.S. Pub. No. 2008/0023394; hereinafter: “ Naruse ”) . R egarding claim s 21 -23 , the modified device of Olsen discloses the f ilter material , shown above. The modified device of Olsen does not specifically disclose the f ilter material wherein the synthetic fibers comprise or consist of a polyester which is polyethylene terephthalate (PET), a polyoxyalkylenewhich is polyoxymethylene (POM), or a polyamide which is polyamide-12 (PA-12) or polyamide-6 and wherein said fibers have a diameter in the range of 100 nm to 10 µ m . Naruse teaches a f ilter material (¶ 0137) comprising synthetic fibers comprise d a polyester which is polyethylene terephthalate (PET) (¶¶ 0003, 0130, 0137, 0158, 0172, 0175 ) , and wherein said fibers have a diameter in the range of 100 nm to 10 µ m (¶¶ 0130, 0137, 0158, 0172, 0175) for the purpose of obtaining fibers that are uniformly very finely uniformly dispersed very finely were obtained (¶¶ 0137, 0158). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the modified device of Olsen to include the f ilter material wherein the synthetic fibers comprise polyethylene terephthalate (PET) having a diameter in the range of 100 nm to 10 µ m as taught by Naruse for the purpose of obtaining fibers that are uniformly very finely uniformly dispersed very finely were obtained (See Naruse : ¶¶ 0137, 0158 ). . Claim(s) 2 4 -2 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Olsen in view of Revina as applied to claim 17 above, and further in view of Fukuura et al. (U.S. Pat. No. 6,207,255; hereinafter: “ Fukuura ”) . Regarding claim 24, the modified device of Olsen discloses a method for producing the filter material according to claim 17, shown above, wherein a liquid or gaseous dispersion or a powder of said metallic silver particles is applied to a fiber comprising material for filtering a fluid (See Olsen: ¶¶ 0023, 0038, See Revina : Pg. 4, ln 1-11; Pg. 5, ln 5-13; Claim 1). The modified device of Olsen does not specifically disclose the method wherein those of the metallic silver particles which are not able to fix themselves in said fiber comprising material are removed from said fiber comprising material. Fukuura teaches a fabric incorporated with particles ; wherein those of the particles which are not able to fix themselves in said f abric comprising material are removed from said f abric comprising material (col 5, ln 33-67; col 6, ln 12-39; col 6, ln 63 to col 7, ln 17) for the purpose of removing excess particles or weakly adhered particles by shaking on a vibration sheet (col 5, ln 33-67; col 6, ln 12-39; col 6, ln 63 to col 7, ln 17) . Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the method of the modified device of Olsen to include the wherein those of the metallic silver particles which are not able to fix themselves in said fiber comprising material are removed from said fiber comprising material as taught by Fukuura for the purpose of removing excess particles or weakly adhered particles by shaking on a vibration sheet (See Fukuura : col 5, ln 33-67; col 6, ln 12-39; col 6, ln 63 to col 7, ln 17). Regarding claim 25, the modified device of Olsen discloses the method wherein said liquid dispersion is applied to said fiber comprising material by application of said liquid dispersion as an aerosol onto said fiber comprising material or by dipping of said fiber comprising material into said liquid dispersion and wherein said gaseous dispersion is applied to said fiber comprising material by blowing said gaseous dispersion onto and/or through said fiber comprising material (See Olsen: ¶¶ 0023, 0038, See Revina : Pg. 4, ln 1-11; Pg. 5, ln 5-13; Claim 1) . Regarding claim 26, the modified device of Olsen discloses the method wherein application of said silver particles to said fiber comprising material is followed by kneading and/or shaking of the fiber comprising material and/or application of vibrations and/or sound to the fiber comprising material (See Fukuura : col 5, ln 33-67; col 6, ln 12-39; col 6, ln 63 to col 7, ln 17). Regarding claim 27, the modified device of Olsen discloses the method wherein removing of said metallic silver particles from said fiber comprising material is achieved by passing liquid or gaseous fluid through the fiber comprising material or by patting nonfixed silver particles off the fiber comprising material (See Fukuura : col 5, ln 33-67; col 6, ln 12-39; col 6, ln 63 to col 7, ln 17). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT ELLIOT S RUDDIE whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)272-7634 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT M-F usually 9-7 EST . Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, FILLIN "SPE Name?" \* MERGEFORMAT Kendra Carter can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT (571) 272-9034 . The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /ELLIOT S RUDDIE/ Primary Patent Examiner, Art Unit 3785
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Prosecution Timeline

May 15, 2023
Application Filed
Mar 28, 2026
Non-Final Rejection — §103, §112 (current)

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Prosecution Projections

1-2
Expected OA Rounds
65%
Grant Probability
99%
With Interview (+42.7%)
3y 9m
Median Time to Grant
Low
PTA Risk
Based on 464 resolved cases by this examiner. Grant probability derived from career allow rate.

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