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 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 7, 10, 11 and 34 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 7 recites the limitation "the first and second preform end caps". There is insufficient antecedent basis for this limitation in the claim.
Claim 10 recites the limitation "the curved or multifaceted support face" in the fifth line of the claim. There is insufficient antecedent basis for this limitation in the claim. Claim 11 depends from claim 10 and is also rejected.
Claim 34 recites the limitation "the opposite sides". There is insufficient antecedent basis for this limitation in the claim.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 2, 8, 9, 15, 16, and 19 – 22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent Application Publication No. 2018/0333668 to Krull et al. (hereinafter referred to as Krull).
In regard to claims 1 and 2, as shown in figures 1 – 3, Krull discloses a filter cartridge (100) having a filter media pack (102) with a filter media sheet (104). The filter media sheet has an inlet face (114), an outlet face (116), opposite first and second straight sides, and opposite first and second curved ends, such that it has a racetrack shape. The sides and ends extend transversely between the inlet face and the outlet face. The sides also extend transversely between the ends. Both curved ends can be considered to bulge outwardly from the opposite sides to define bulged faxes. An adhesive (140) extends around the perimeter of the media pack (102). The adhesive can be considered to form a first adhesive end wall embedded into the first bulged face of the first end and a second adhesive wall embedded into the second bulged face of the second end.
In regard to claims 8 and 9, the first bulged face is curved outwardly to define an outwardly curved end face.
In regard to claim 15, as discussed in paragraphs [0071] and [0072] of Krull, the filter media pack (102) includes a stack of fluted sheets and a stack of face sheets, with alternating inlet and outlet seal strips sealing the adjacent fluted and face sheets at the inlet face and the outlet case, respectively.
In regard to claim 16, as discussed above, the filter media pack (102) is configured in a race-track configuration, see paragraph [0073] of Krull.
In regard to claim 19, the first adhesive end wall in Krull includes all of the required structural features and can be considered to provide a mold-in-place cap.
In regard to claim 20, similarly, the first and second adhesive end walls can be considered to provide respective mol-in-place end caps.
In regard to claim 21, the filter cartridge of Krull is made by a method comprising:
creating a variable width to a filter media pack which comprises a filter media sheet, the filter media pack having an inlet face, an outlet face, opposite first and second sides, opposite first and second ends, the sides and the ends extending transversely between the inlet face and the outlet face, with panels of the filter media sheet extending between the inlet face and the outlet face, the variable width extending between opposed ends such that different members of at least some of the panels have a different width with a widest member of the panels providing widest width and a narrowest member of the panels providing narrowest width, with the widest width greater than the narrowest width by at least 1.0 centimeter, in a manner that at least the first end bulges outwardly or inwardly from the opposite sides to define a first bulged face; and embedding a first adhesive end wall into the first bulged face to seal the first bulged face.
In regard to claim 22, as discussed above, the second end also bulges outwardly to define a second bulged face, and a second adhesive end wall is embedded into the second bulged face to seal the second bulged face.
Claims 1 – 4, 8, 9, 12, 13, 21 – 24, 31, 32, 34 – 36, 38, and 39 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent Application Publication No. 2007/0193236 to Merritt (hereinafter referred to as Merritt).
In regard to claims 1 and 2, as shown in figure 1, Merritt discloses a filter cartridge (10). The filter cartridge (10) includes a filter media pack having a filter media sheet (16). As shown, the filter media pack has an inlet face, an outlet face, opposite first and second straight sides, and opposite first and second curved ends. The sides and ends extend transversely between the inlet face and the outlet face. The sides extend transversely between the ends. Both curved ends can be considered to bulge outwardly from the opposite sides to define bulged faxes. As discussed in paragraph [0042], an adhesive that extends over the entire perimeter of the med pack is used to seal the filter media to a jacket. The adhesive can be considered to form a first adhesive end wall embedded into the first bulged face of the first end and a second adhesive wall embedded into the second bulged face of the second end.
In regard to claim 3, the curved ends of the jacket (12) can be considered to form preformed end caps. These end caps retain the first and second adhesive ends walls. Each preform end cap includes an arcuate inner face that forms a support panel for retaining one of the adhesive end walls.
In regard to claim 4, a portion of the jacket (12) forms a frame mounted over either the inlet face or the outlet face. This frame supports an annular gasket (20) having a seal surface. This frame can be considered to overlap with each of the first and second preform end caps.
In regard to claims 8 and 9, the first bulged face is shown to be curved outwardly to define an outwardly curved end face.
In regard to claims 12 and 13, as discussed in paragraph [0043], the adhesive walls can comprise a urethane and are retained by the preform end caps of the jacket (12). How the urethane is formed into the adhesive wall relates to the method of making the filter cartridge and does not affect its final structure.
In regard to claim 21, the filter cartridge of Merritt is made by a method comprising: creating a variable width to a filter media pack which comprises a filter media sheet, the filter media pack having an inlet face, an outlet face, opposite first and second sides, opposite first and second ends, the sides and the ends extending transversely between the inlet face and the outlet face, with panels of the filter media sheet extending between the inlet face and the outlet face, the variable width extending between opposed ends such that different members of at least some of the panels have a different width with a widest member of the panels providing widest width and a narrowest member of the panels providing narrowest width, with the widest width greater than the narrowest width by at least 1.0 centimeter, in a manner that at least the first end bulges outwardly or inwardly from the opposite sides to define a first bulged face; and embedding a first adhesive end wall into the first bulged face to seal the first bulged face.
In regard to claim 22, as discussed above, the second end also bulges outwardly to define a second bulged face, and a second adhesive end wall is embedded into the second bulged face to seal the second bulged face.
In regard to claim 23, as discussed above, the first adhesive end wall is retained in the preformed end cap formed by the jacket (12) during application the first bulged face.
In regard to claim 24, as discussed in paragraph [0042], the adhesive forming the first adhesive end wall is dispensed into the preformed end cap in a liquid form prior to application to the first non-planar end face, and thereafter cured to solidify into the first adhesive end wall.
In regard to claim 31, as shown in figure 1, Merritt discloses a filter cartridge (10). The filter cartridge (10) includes a filter media pack having a filter media sheet (16). As shown, the filter media pack has an inlet face, an outlet face, and opposite first and second curved ends. The curved ends have an external non-planar curved geometry. The jacket (12) can be considered to include a pair of end caps located against each end. Each end cap having an internal surface with a geometry closely matching the geometry of the associated filter media pack end. As discussed in paragraph [0042], an adhesive that extends over the entire perimeter of the med pack is used to seal the filter media to a jacket. This adhesive forms a potting adhesive disposed between and fixing the filter media pack and the end caps together.
In regard to claim 32, a portion of the jacket (12) forms a frame mounted over either the inlet face or the outlet face that supports the filter media pack. The end caps can be considered to have an edge geometry that locates and supports the frame, as they connect to the frame and help ensure it is positioned properly on the filter media pack.
In regard to claim 34, both of the ends in Merritt bulge outwardly from opposite sides to define first and second outwardly bulged curved faces.
In regard to claims 35 and 36, the potting adhesive in Merritt forms first and second adhesive end walls embedded into the first and second outwardly bulged curved faces to seal the filter media pack to unfiltered airflow through the ends. How the adhesive is applied relates to the method of making the filter cartridge and does not affect its structure.
In regard to claim 38, as discussed in paragraph [0043], the adhesive walls can comprise a urethane and are retained by the preform end caps of the jacket (12). How the urethane is formed into the adhesive wall relates to the method of making the filter cartridge and does not affect its final structure.
In regard to claim 39, a portion of the jacket (12) forms a frame mounted over either the inlet face or the outlet face. This frame supports an annular gasket (20) having a seal surface. This frame can be considered to overlap with each of the first and second preform end caps.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Merritt.
Merritt is discussed above in section 9. As discussed in paragraph [0045], pleated media can also be used as the media (16) in Merritt. Pleated media inherently forms a pleat pack with the filter media sheet folded into a plurality of pleats providing a plurality of inlet pleat tips at the inlet face and a plurality of outlet pleat tips at the outlet face. The pleats define a width between opposed ends that will affect the shape of the filter media pack. Merritt does not specifically disclose at least some of different pleats having different widths including a widest with and narrowest width, with the widest with greater than the narrowest width by at least 1.0 cm. Merritt, however, generally describes forming an oval shape, see paragraph [0034]. Predictably, a pleated media pack can also be cut/formed into an oval shape. In which case, some of the pleats most be wider than other pleats to form this shape. There is no evidence the exact oval shape is critical.
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Merritt to form the pleated pack in an oval shape where at least some of different pleats having different widths including a widest with and narrowest width, with the widest with greater than the narrowest width by at least 1.0 cm given such a shape fits within the desired space for the filter. Further, it has been held that a particular shape of a structural feature or object is matter of design choice which a person of ordinary skill in the art would find obvious absent persuasive evidence that the particular shape is significant, see In re Dailey, 149 USPQ 47.
Allowable Subject Matter
Claims 5, 6, 17, 18, 25 – 30, 33, and 37 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
In regard to claims 5 and 6, the jacket (12) in Merritt is considered to form the frame and the preform end cap. Thus, the frame and preform end caps are integral. There is no teaching or suggestion in Merritt for the frame to be bonded with the first and second preform end caps via the first and second adhesive walls, respectively. Similarly, there is no teaching or suggestion in in Merritt for the frame to be snap fit with the first and second preform end caps.
In regard to claim 17, the inner sides of the curved ends of the jacket can be considered to form support walls. There is no teaching or suggestion in Merritt for a plurality of retainer baffles are arranged along the support wall, with at least some of the retainer baffles at locations away from an apex of the support wall configured to retain uncured liquid adhesive that forms the first adhesive end wall.
In regard to claim 18, Merritt discloses an adhesive bead that cures and dries forming the adhesive walls. There is no teaching or suggestion in Merritt for a preform end cap of thermoplastic polymer material having an inner surface directly embedded into the first bulged face of the first end, wherein the thermoplastic polymer material provides the first adhesive end wall.
In regard to claim 25, there is no teaching or suggestion in Krull or Merritt for a method further comprising placing the first adhesive end wall as preformed heat activated strips into the preform end caps, and thereafter heating the preformed heat active strips to a liquid form sufficient for embedding at a temperature of at least 120 degrees Celsius.
In regard to claim 26, the jacket (12) is slid onto the filter media pack in Merritt. Therefore, there is no teaching or suggestion to include lips that overlap sides and inlet and outlet faces of the filter media pack. If lips overlapped both faces, the jacket could not be slid onto the filter media pack. Claim 27 depends from claim 26 and would be allowable for at least the same reason as claim 26.
In regard to claim 28, there is no teaching or suggestion in Krull or Merritt for a method further comprising softening an inner surface of a thermoplastic polymer material of a preform end cap and applying the softened inner surface to the first bulged face to provide for the adhesive end wall via the thermoplastic polymer material of the preform end cap.
In regard to claim 29, there is no teaching or suggestion in Krull or Merritt for a method further comprising molding the first adhesive end wall to the first bulged face with a mold, and releasing mold from the first adhesive end wall such that the first adhesive end wall provides a mold-in-place end cap.
In regard to claim 30, there is no teaching or suggestion in Krull or Merritt for a method further comprising molding the first and second adhesive end walls to the first and second bulged faces with at least one mold, and releasing the at least one mold from the first and second adhesive end walls such that the first and second adhesive end walls provide first and second mold-in-place end caps, respectively.
In regard to claim 33, there is no teaching or suggestion in Merritt for the filter cartridge to further comprise a U-shaped grate, with a perforated end panel mounted over either the outlet face or the inlet face, and with perforated side panels mounted over opposed sides, the perforated end panel and the perforated side panels connected at corners.
In regard to claim 37, here is no teaching or suggestion in Merritt for each end cap to include a support wall facing the outwardly bulged curved face with a contour matched to the outwardly bulged curved or multifaceted face, and wherein the support wall includes a plurality of retainer baffles configured to retain uncured liquid adhesive.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Other prior art references listed on the PTO-892 (Notice of References Cited) are considered to be of interest disclosing similar filter cartridges.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Robert Clemente whose telephone number is (571)272-1476. The examiner can normally be reached M-F 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Magali Slawski can be reached at 571-270-3960. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERT CLEMENTE/Primary Examiner, Art Unit 1773