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 § 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.
Claims 1-7, 9-15 and 17-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Beskow USPA 2008/0040883 A1.
Regarding claim 1, Beskow discloses a prefilter for a filter of a vacuum device, the prefilter comprising: a frame extending in an axial direction between a first axial extent and a second axial extent (figures 13A and 13B: cage 1044), the frame comprising a base located at the first axial extent (figures 13A and 13B: base either surrounding 1048 or including screen 1048; paragraph 106), a first cylindrical ring extending axially from the base toward the second axial extent (figures 13A and 13B: bottom most ring of cage), a plurality of ribs extending from the first cylindrical ring towards the second axial extent and defining openings between adjacent ones of the plurality of ribs (figures 13A and 13B: ribs of cage extending upwards), and a second cylindrical ring portion positioned at the second axial extent of the frame (figures 13A and 13B: top most ring portion of cage); a mesh layer comprising a plurality of mesh openings (paragraph 106: mesh screens cover 1045), the mesh layer coupled to the frame and configured to cover the openings to prevent debris larger than a size of the mesh openings from passing therethrough (figures 13A and 13B; paragraph 106); and an engagement feature coupled to the frame and configured to engage the filter to fasten the frame to the filter (paragraphs 111 and 116; figure 10).
Regarding claim 2, Beskow discloses a seal positioned at the second axial extent of the frame, the seal configured to provide an airtight seal between the second cylindrical ring of the frame and a surface of the vacuum device (paragraphs 111 and 113; figure 10: sealing flange 1056).
Regarding claim 3, Beskow discloses a finger hold separate from the engagement feature, coupled to the frame, and engageable by a hand of a user for uncoupling the engagement feature from the filter via movement of the prefilter along the axial direction (paragraph 116: finger tabs 1092: the prefilter would move along with the frame with respect to the filter).
Regarding claim 4, Beskow discloses that the engagement feature includes a plurality of retention clips configured to engage a lip of the filter (tabs 1086 clip into slots 1088).
Regarding claim 5, Beskow discloses that the prefilter is removable from the filter (figure 10; paragraph 116).
Regarding claim 6, Beskow discloses that the frame is generally cylindrical (paragraph 105: insert 1032 is either frustoconical or cylindrical) and has an open end sized to receive the filter at the second axial extent (figure 10; paragraph 116).
Regarding claim 7, since the “filter” is never actually claimed by the frame but rather is recited in the preamble of claim 1 as the intended use “for a filter”, the language of claim 7 limiting the structure of the filter is also deemed to be intended use. The prefilter of Beskow is structurally capable of receiving the claimed filter; therefore, the claim is anticipated. Claims directed to an apparatus must be distinguished in the prior art in terms of structure rather than function. MPEP 2114. Furthermore, Beskow discloses that the engagement member is configured to directly couple to a frame member of a filter (figure 10; paragraph 116).
Regarding claim 9, Beskow discloses a filter assembly for a vacuum device, the filter assembly comprising: a filter configured to prevent debris from passing therethrough (figure 10: filter 1054), the filter comprising a frame member configured to directly couple to a portion of the vacuum device (figure 10: frame of filter 1054 including collar 1080); and a prefilter positioned around the filter and coupled directly to the filter (prefilter 1000; paragraph 106), the prefilter having a mesh layer comprising a plurality of mesh openings configured to prevent debris larger than a size of the mesh openings from passing therethrough (paragraph 106); wherein the filter and the prefilter are configured to simultaneously attach to a surface of the vacuum device by coupling the filter to the vacuum device, and wherein the filter and the prefilter are configured to simultaneously separate from the surface of the vacuum device by removing the filter from the vacuum device (paragraph 116).
Regarding claim 10, Beskow discloses that the prefilter comprises an engagement feature configured to engage the frame of the filter to fasten the frame to the filter (paragraphs 113 and 116).
Regarding claim 11, Beskow discloses that the prefilter is configured to uncouple from the filter by uncoupling the engagement feature when the filter is attached to the surface of the vacuum device and when the filter is detached from the surface of the vacuum device (paragraphs 113 and 116).
Regarding claim 12, Beskow discloses that the engagement feature includes a plurality of retention clips configured to engage a lip of the filter (tabs 1086 clip into slots 1088).
Regarding claim 13, Beskow discloses that the filter assembly has a substantially circular cross-section extending between a first axial extent and a second axial extent, the filter assembly further comprising a seal positioned at the second axial extent of the frame, the seal configured to provide an airtight seal between the second cylindrical ring of the frame and the surface of the vacuum device (see figure 10; paragraphs 111 and 113).
Regarding claim 14, Beskow discloses that the prefilter comprises a finger hold engageable by a hand of a user for uncoupling the prefilter from the filter via movement of the prefilter along an axial direction (paragraph 116).
Regarding claim 15, Beskow discloses that the prefilter is removable from the filter (figure 10; paragraph 116).
Regarding claim 17, Beskow discloses a method of using a filter assembly, the method comprising: coupling a prefilter directly to a filter such that the prefilter substantially surrounds a cylindrical wall of the filter (figure 10: prefilter at 1048 surrounds filter 1054); attaching the filter directly to a surface of a vacuum device such that the prefilter is indirectly attached to the vacuum device via the filter (figure 10); and operating the vacuum device to draw air through the prefilter and through the filter (paragraph 117); preventing debris of a first size from passing through the prefilter (paragraph 106); and preventing debris of a second size, less than the first size, from passing through the filter (paragraph 106).
Regarding claim 18, Beskow discloses coupling the prefilter directly to the filter includes engaging a plurality of retention clips of the prefilter with a frame of the filter (tabs 1086 clip into slots 1088).
Regarding claim 19, Beskow discloses engaging a finger hold of the prefilter to axially translate the prefilter relative to the filter (paragraph 116).
Regarding claim 20, Beskow discloses that attaching the filter directly to a surface of the vacuum device includes compressing a seal of the prefilter against the surface of the vacuum device to prevent debris from circumventing the prefilter (paragraph 117).
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 8 is rejected under 35 U.S.C. 103 as being unpatentable over Beskow USPA 2008/0040883 A1.
Beskow is relied upon as above.
Regarding claim 8, Beskow discloses a first finger hold and engageable by a first hand of a user and a second finger hold adjacent the second axial extent and engageable by a second hand of the user, wherein both finger holds are simultaneously engageable for uncoupling the engagement feature from the filter via movement of the prefilter along the axial direction (figure 12: finger tabs 1092; paragraph 116). However, Beskow does not disclose that the first finger hold is adjacent the first axial extent. Nevertheless, it would have been obvious to one having ordinary skill in the art to locate the first finger hold adjacent the first axial extent, since it has been held that rearranging parts of an invention involves only routine skill in the art. MPEP 2144.094 (VI-C). The exact location of the finger holds is deemed to be an obvious matter of design choice. MPEP 2144.04 (IV-B).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Beskow USPA 2008/0040883 A1 in view of Berfield USPN 6,440,191 B1.
Beskow is relied upon as above.
Regarding claim 16, Beskow discloses that the filter includes a pleated filter coupled to the frame member and configured to prevent the debris from passing therethrough (figure 10; paragraph 110), but does not disclose that the filter is paper. Berfield discloses a similar invention where the filter is a pleated paper filter (see Berfield column 5, lines 4-14). It would have been obvious to one having ordinary skill in the art before the filing date of the claimed invention to modify Beskow so that the pleated filter is made of paper, as disclosed by Berfield, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Conclusion
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/CHRISTOPHER P JONES/Primary Examiner, Art Unit 1776