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 1-20 are rejected.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “126” has been used to designate both the filter element (see page 11, paragraph 0038 applicant’s specification) and the inflow side (see page 12, paragraph 0040 of applicant’s specification). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: reference number 102 (see page 12, paragraph 0040 of applicant’s specification). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities:
“open interior oof the filter element” in line 5 of paragraph 0051 should be replaced with --open interior of the filter element--.
Appropriate correction is required.
Claim Objections
Claims 4, 6, 13, 15 and 18 are objected to because of the following informalities:
Claim 4: “when the first position” in lines 3-4 should be replaced with --when in the first position--.
Claim 6: “the filter element is installed state” in lines 5-6 should be replaced with --the filter element is in an installed state--.
Claim 6: “dra.in” in line 6 should be replaced with --drain--.
Claim 13: “to seal valve body” in line 3 should be replaced with --to seal the valve body--.
Claim 13: “when the first position” in line 3 should be replaced with --when in the first position--.
Claim 15: “the filter element is installed state” in line 10 should be replaced with --the filter element is in an installed state--.
Claim 18: “entending” in line 11 should be replaced with --extending--.
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 applicant regards as his invention.
Claims 1-20 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 1 recites the limitation “a first axial end filter element” in line 9. It is not clear what applicant intends to claim. It appears the limitation should be --a first axial end of the filter element--.
Claim 1 recites the limitation "the first end plate" in line 11. There is insufficient antecedent basis for this limitation in the claim.
Claim 10 recites the limitation “a filter element” in line 3. It is not clear if this is the same filter element claimed in claim 1. The Examiner suggests to replace with --the filter element--.
Claim 15 recites the limitation “a housing drain opening” in lines 3 and 10. It is not clear if these are the same or different elements. The Examiner suggest to replace “a housing drain opening” in line 10 with --the housing drain opening--.
Claim 15 recites the limitation “a filter housing” in lines 10-11. It is not clear if this is the same filter housing claimed in claim 10. The Examiner suggests to replace with --the filter housing--.
Claim Rejections - 35 USC § 102
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, 6-7, 10, 15-16 and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Salom et al. (US 2020/0129891) [hereinafter Salom].
With respect to claim 1, Salom discloses a filter device 1, as shown in Fig. 1, having: an annular filter medium 3, surrounding a substantially open interior defining a longitudinal axis of a filter element 2, as shown in Fig. 1, the annular filter medium 3 having: an inflow face at a radially outer side of the annular filter medium 3 receiving unfiltered fluid to be filtered, as shown in Fig. 1; an outflow face at a radially inner side of the annular filter medium 3 discharging filter fluid, as shown in Fig.1, the outflow face surrounding the substantially open interior, as shown in Fig. 1; an end disk 9 (end plate) arranged on and covering a first axial end filter element 2, as shown in Fig. 1; wherein the end plate 9 includes: a central cutout 17 (central flow opening) extending axially through the first end plate 9 and opening into the substantially open interior, as shown in Figs. 7 and 11; at least one drainage channel 19 (radial crossflow channel) extending radially through an interior of the end plate 9 from a radially outer side of the end plate 9 and opening into the central flow opening 17 of the end plate 9, as shown in Fig. 7, the at least one crossflow channel 19 configured to bypass fluid flow through the end plate 9, bypassing the annular filter medium 3 (see paragraphs 0043-0045, channel 19 is in communication with space 20 which includes unpurified raw liquid), wherein an inlet opening of the at least one radial crossflow channel 19 is arranged at the radially outer side of the end plate 9 and is in fluid communication with the unfiltered fluid to be filtered (see paragraph 0043), wherein an outlet opening of the at least one radial crossflow channel 19 is arranged at the radially inner side of the end plate 9 proximate to the central flow opening 17, as shown in Fig. 7.
With respect to claim 6, Salom discloses a drainage device 14 (drain plug member), as shown in Fig. 1, formed on and projecting axially outwardly away from an axially outer side of the end plate 9, as shown in Fig. 1; at least one elastomeric seal 22 arranged on the drain plug member 14 and adapted to seal against and close off a sleeve 16 (housing drain opening) when the filter element 2 is installed state in a filter housing 4, as shown in Fig. 1, and to open the drain opening 16 when the filter element 2 is removed from the installed state, as shown in Fig. 5.
With respect to claims 7 and 18, Salom discloses wherein the end plate 9 comprises: an upper annular wall, as shown in Fig. 2; a lower annular wall, as shown in Fig. 2; a plurality of radially extending bypass channel separation walls arranged between the upper annular wall and the lower annular wall, as shown in Fig. 7, the plurality of radially extending bypass channel separation walls each connected to at least one of the annular walls of the end plate 9, as shown in Fig. 7; wherein the upper annular wall, the lower annular wall and the plurality of radially extending bypass channel separation walls cooperate to define and form the at least one radial crossflow channel 19 extending radially through an interior of the endplate 9, as shown in Fig. 7; wherein the upper annular wall and the lower annular wall are assembled together to form the end plate 9, as shown in Fig. 7.
With respect to claim 10, Salom discloses a filter housing 4 having an interior chamber, as shown in Fig. 1; a filter element 2, installed into the interior chamber of the filter housing 4, as shown in Fig. 1, wherein unfiltered gaseous or liquid fluid enters the filter element 2 at the inflow face at a radially outer side of the annular filter medium 3, as shown in Fig. 1, wherein filtered gaseous or liquid fluid exits the filter element 2 at the outflow face at the at a radially inner side of the annular filter medium 3, as shown in Fig. 1, and into the substantially open interior, as shown in Fig. 1; wherein the at least one radial crossflow channel 19 of the end plate 9 forms at least a portion of a flow path operable for bypassing the gaseous or liquid fluid around the filter medium 3 of the filter element 2 (see paragraphs 0043-0045, channel 19 is in communication with space 20 which includes unpurified raw liquid); wherein the inlet opening of the at least one radial crossflow channel 19 at the radially outer side of the end plate 9 is in fluid communication with the gaseous or liquid fluid to be filtered (see paragraph 0043); wherein the outlet opening of the at least one radial crossflow channel 19 at the radially inner side of the end plate 9 is arranged facing towards the central flow opening 17, as shown in Fig. 7.
With respect to claim 15, Salom discloses wherein the filter housing 4 further includes: a housing drain opening 16 formed as a depression in a bottom wall of the filter housing 4, as shown in Fig. 1; wherein the filter element 2 further includes: a drain plug member 14, formed on and projecting axially outwardly away from an axially outer side of the end plate 9, as shown in Fig. 1; at least one elastomeric seal 22 arranged on the drain plug member 14 and adapted to seal against walls of the housing drain opening depression and close off a housing drain opening 16 when the filter element 2 is installed state in a filter housing 4, as shown in Fig. 2, and to open the drain opening 16 when the filter element 2 is removed from the installed state, as shown in Fig. 5.
With respect to claim 16, Salom discloses wherein the drain opening depression is an annular groove formed in the bottom wall of the filter housing 4 and surrounding the longitudinal axis, as shown in Fig. 1.
Claim Rejections - 35 USC § 102/103
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.
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) 8-9, 17 and 19-20 are rejected under 35 U.S.C. 102((a)(1)) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Salom (US 2020/0129891).
With respect to claims 8-9, 17 and 19-20, Salom discloses wherein the end plate 9 further comprises: a support frame 10 (support tube), as shown in Fig. 1, the support tube 10 having a plurality of flow openings, as shown in Fig. 1, the support tube 10 arranged in the substantially open interior and configured to support the annular filter medium 3 at the outflow face, as shown in Fig. 1. Salom lacks the support tube formed together with the end plate in/as one piece at a same time as a single unitary component; and the end plate is completely formed in one piece at a same time as a single unitary component. However, this limitation is considered to be a product-by-process claim since it is drawn to a product, i.e., a support, but it includes a process step of making the product, i.e., “formed together with the end plate in one piece at a same time as a single unitary component”; and “the end plate is completely formed in one piece at a same time as a single unitary component”. “Even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process” (see MPEP 2113 [R-1], In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (FED. Cir. 1985)).
Allowable Subject Matter
Claims 2-5 and 11-14 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claim 2 would be allowed because the prior art of record does not show or suggest a bypass valve assembly arranged in the substantially open interior of the filter element and responsive to changes in fluid pressure drop through the annular filter medium to open or close off bypass flow from the at least one radial crossflow channel of the end plate, the bypass valve assembly comprising: a valve body arranged to move axially from a first position where the valve body closes off the central flow opening of the end plate, to a second position where the valve body move away from the central flow opening, enabling bypass fluid to flow from the end plate radial cross flow channels and enter the substantially open interior; a valve housing; a valve spring acting against the valve housing and the valve body, applying a closing force on the valve body acting to hold the valve body in the first position, wherein when the fluid pressure drop exceeds a predefined limit, the closing force of the valve spring is overcome by fluid forces and the valve body move freely to the second position, in combination with any remaining limitations in the claim. Salom lacks these limitations and it would have not been obvious to modify because there is no reason or suggestion to do so and the filter would not operate as intended.
Claims 3-5 would be allowed due to their dependency on claim 2.
Claim 11 would be allowed because the prior art of record does not show or suggest a bypass valve assembly arranged in the substantially open interior of the filter element and responsive to changes in fluid pressure drop through the annular filter medium to open or close off bypass flow from the at least one radial crossflow channel of the end plate, the bypass valve comprising: a valve body arranged to move axially from a first position where the valve body closes off the central flow opening of the end plate, to a second position where the valve body move away from the central flow opening, enabling bypass fluid to flow from the end plate radial cross flow channels, through the bypass valve assembly and enter the substantially open interior; a valve housing; a valve spring acting against the valve housing, applying a closing force on the valve body to hold the valve body in the first position, wherein when the fluid pressure drop exceeds a predefined limit, the closing force is overcome and the valve body is free to move to the second position, in combination with any remaining limitations in the claim. Salom lacks these limitations and it would have not been obvious to modify because there is no reason or suggestion to do so and the filter would not operate as intended.
Claims 11-14 would be allowed due to their dependency on claim 10.
Conclusion
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