DETAILED ACTION
For this Office action, Claims 1-20 are pending.
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 .
Response to Arguments
Applicant’s arguments with respect to claims 1-20 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. Applicant has amended independent Claims 1, 19 and 20 to further narrow the scope of the claim, in particular by requiring the claimed flow control device to be positioned radially inward of a filtration media such that the filtration media laterally surrounds the flow control device. Applicant further argues that the cited prior art does not disclose this limitation. The examiner agrees, and the grounds of rejection are hereby withdrawn. Further search and consideration, however, yield new grounds of rejection under 35 U.S.C. 103 using Drori as a secondary reference. Since the arguments do not consider this new ground of rejection that is made in view of the applicant’s amendments, the arguments are now considered moot and will not be further addressed at this time.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-13 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Sturgess (US Pat Pub. 2011/0117257; found in IDS filed 02 April 2024) in view of Drori, US 4572784.
Regarding instant Claim 1, Sturgess discloses a filtration container assembly (Abstract; Figure 1A; Paragraph [0023]; drinking container 10 comprising a filter), the assembly comprising:
an outer container having a first open end and a second closed end and defining an inner cavity (Figure 1A; Figure 1B; Paragraph [0023]; see main container 12 with closed end at bottom and open end at top, interior forming an inner cavity); and
a plunging assembly having a first end and a second end, wherein the second end of the plunging assembly is configured to be received within the inner cavity of the outer container (Figure 1B; Paragraphs [0031]-[0034]; plunging assembly 30 comprising main shaft 32 with first end with proximate grip 34 and opposing second end proximate the plunger head 36), wherein the plunging assembly includes an inner sleeve having a first end and a second end and an outer wall defining an inner bore (Figure 1B; Paragraphs [0031]-[0034]; inner sleeve/bore in filling reservoir 20, cylinder of reservoir 20 forms an inner bore with outer wall and opposing first and second ends), and a filtration assembly in fluid communication with the inner bore, the filtration assembly including a flow control device at or near an outlet of the filtration assembly (Figure 1B; Paragraphs [0028]-[0031]; Paragraph [0034]; Paragraph [0042]; filter assembly 28 with filter 70 and webs 92 and 100, which serve as flow control device), wherein the filtration assembly includes a filtration media configured to filter a liquid (Figure 1B; Paragraphs [0028]-[0031]; Paragraph [0034]; Paragraph [0042]; filter 70 filters liquid).
However, Sturgess is silent on the flow control device being disposed radially inward of the filtration media such that the filtration media laterally surrounds the flow control device.
Drori discloses multiple-disc filters in the same field of endeavor as the instant application, as it solves the mutual problem of providing a flow control device and filtration media (Abstract; Figure 5; Col. 6, Line 16-Col. 7, Line 23). Drori further discloses a flow control device disposed radially inward of a filtration media such that the filtration media laterally surrounds to flow control device in order to improve the control of flow of liquid throughout the filter media (Figure 5; Col. 6, Line 16-Col. 7, Line 23).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to modify the filtration assembly and the flow control device of Sturgess to further comprise the flow control device being disposed radially inward of the filtration media such that the filtration media laterally surrounds the flow control device as taught by Drori because Drori discloses such a configuration will improve the control of flow of liquid throughout the filter media (Drori, Figure 5; Col. 6, Line 16-Col. 7, Line 23).
Regarding instant Claim 2, Claim 1, upon which Claim 2 is dependent, has been rejected above. Sturgess further discloses wherein the outer wall is continuous from the first end to the second end of the inner sleeve (Figure 1A; Paragraph [0023]; Paragraph [0026]; outer wall of drinking container 10 is continuous over the dimensions of the filling reservoir 20).
Regarding instant Claim 3, Claim 1, upon which Claim 3 is dependent, has been rejected above. Sturgess further discloses wherein the filtration assembly includes a first end and a second end, wherein the first end of the filtration assembly is at or near the second end of the inner sleeve (Figure 1B; Paragraphs [0026], [0028], [0034], [0047]; first end is top of filter assembly 28 connecting to second end/bottom of filling container 20 and second end is bottom as disclosed in Figure 1B).
Regarding instant Claim 4, Claim 3, upon which Claim 4 is dependent, has been rejected above. Sturgess further discloses wherein the first end of the filtration assembly is mechanically coupled to the inner sleeve at or near the second end of the inner sleeve (Figure 1B; Paragraph [0026]; Paragraph [0028]; see threads 22 and corresponding threads 92).
Regarding instant Claim 5, Claim 3, upon which Claim 5 is dependent, has been rejected above. Sturgess further discloses wherein the second end of the filtration assembly is outside the inner bore of the inner sleeve (Figure 1A; Figure 1B; Figure 12; Paragraph [0028]; see boss 96/circular web 100, not located in the inner bore/filling reservoir 20 as seen in Figures 1A and 12).
Regarding instant Claim 6, Claim 3, upon which Claim 6 is dependent, has been rejected above. Sturgess further discloses wherein the plunging assembly is configured to filter a liquid contained in the outer container as the plunging assembly is pressed into the inner cavity of the outer container and liquid moves from the inner cavity of the outer container through the filtration assembly to the inner bore of the inner sleeve of the plunging assembly (Figure 1B; Figures 9A-9D; Paragraph [0035]; Paragraphs [0045]-[0047]; configuration exists that allows for fluid to flow into reservoir 20 via filter 70, see also opening 40).
Regarding instant Claim 7, Claim 3, upon which Claim 7 is dependent, has been rejected above. Sturgess further discloses wherein the filtration assembly defines a filter housing between the first and second ends of the filtration assembly, the filter housing having a first wall defining a fluid inlet and a second wall defining a fluid outlet (Figure 1B; Paragraphs [0028]-[0031]; Paragraph [0034]; Paragraph [0042]; filtration assembly 28 is filter housing, circular web 92 serves as inlet and web 100 is outlet).
Regarding instant Claim 8, Claim 7, upon which Claim 8 is dependent, has been rejected above. Sturgess further discloses wherein the first wall includes a plurality of apertures defining the fluid inlet (Figure 1B; Paragraph [0028]; see plurality of apertures in web 92).
Regarding instant Claim 9, Claim 7, upon which Claim 9 is dependent, has been rejected above. Sturgess further discloses wherein the filter media is disposed within the filter housing (Figure 1B; Paragraph [0028]; see filter 70).
Regarding instant Claim 10, Claim 9, upon which Claim 10 is dependent, has been rejected above. Sturgess further discloses wherein the filter media has a circular cross-section (Figure 1B; Figure 11; Paragraph [0028]; see configuration of filter 70), and wherein the first wall is an outer wall and the second wall is an inner wall (Figure 1B; Paragraph [0028]; note that web 92 can be considered an outer wall with respect to the filtration assembly 28 while the web 100 interfacing with the filter 70 comprises inner wall in ring seen in Figure 1B and Figure 11).
Regarding instant Claim 11, Claim 10, upon which Claim 11 is dependent, has been rejected above. Sturgess further discloses wherein the liquid is configured to flow from the inlet through the filter media to a cavity of the filtration assembly (Figure 1B; Figure 11; Paragraph [0028]; Paragraph [0031]; Paragraph [0034]; Paragraph [0047]; water flows from reservoir 20 via plunging assembly 30 into apertures of web 100, including cavity seen in middle of web 100).
Regarding instant Claim 12, Claim 10, upon which Claim 12 is dependent, has been rejected above. Sturgess further discloses wherein the inner wall defines a cavity within the filtration assembly (Figure 1B; Paragraph [0028]; inner wall of web 100 provides cavity).
Regarding instant Claim 13, Claim 12, upon which Claim 13 is dependent, has been rejected above. Sturgess further discloses wherein the cavity is defined at the radial center of the filtration assembly (Figure 1B; Paragraph [0028]; see center of web 100).
Regarding instant Claim 19, Sturgess discloses a filter assembly for a filtration container assembly (Abstract; Figure 1A; Paragraph [0023]; drinking container 10 comprising a filter), comprising,
a filter housing having a first wall and a second wall radially inward of the first wall, the second wall defining a cavity at the center of the filter assembly (Figure 1A; Figure 1B; Paragraph [0023]; Paragraphs [0031]-[0034]; filter housing and first wall at main container 12, filling container 20 comprising second wall radially inward from the first);
a filter media disposed within the housing, the filter media being configured to filter a fluid flowing through the filter media, wherein, at a first pressure, the fluid will flow through the filter media at a first flow rate (Figure 1B; Paragraph [0028]; filter 70; fluid would flow through filter via gravity/hydrostatic head without any further manipulation of said fluid); and
a flow control device coupled to the filter housing such that the flow control device is disposed within the cavity defined by the inner wall of the housing, wherein the flow control device is configured to limit the direction the fluid can flow, wherein, at the first pressure, the fluid can flow through the flow control device at a second flow rate, and wherein the second flow rate is substantially equal to, or greater than, the first flow rate (Figure 1B; Figures 3-5; Paragraphs [0031]-[0034]; Paragraph [0037]; plunging assembly 30 comprising valve 50, which serves a one way valve and allows fluid to flow through into filling container 20; at first/same pressure as before where plunger is not moving, valve would allow water through plunging assembly and filter 70 at same pressure [gravity/hydrostatic head]).
However, Sturgess is silent on the flow control device being disposed radially inward of the filtration media such that the filtration media laterally surrounds the flow control device.
Drori discloses multiple-disc filters in the same field of endeavor as the instant application, as it solves the mutual problem of providing a flow control device and filtration media (Abstract; Figure 5; Col. 6, Line 16-Col. 7, Line 23). Drori further discloses a flow control device disposed radially inward of a filtration media such that the filtration media laterally surrounds to flow control device in order to improve the control of flow of liquid throughout the filter media (Figure 5; Col. 6, Line 16-Col. 7, Line 23).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to modify the filtration assembly and the flow control device of Sturgess to further comprise the flow control device being disposed radially inward of the filtration media such that the filtration media laterally surrounds the flow control device as taught by Drori because Drori discloses such a configuration will improve the control of flow of liquid throughout the filter media (Drori, Figure 5; Col. 6, Line 16-Col. 7, Line 23).
Claims 14-18 are rejected under 35 U.S.C. 103 as being unpatentable over Sturgess (US Pat Pub. 2011/0117257; found in IDS filed 02 April 2024) in view of Drori, US 4572784 as applied to claim 12 above, and further in view of Sun, US Pat Pub. 2017/0174528.
Regarding instant Claim 14, Claim 12, upon which Claim 14 is dependent, has been rejected above. However, the combined references are silent on the flow control device being disposed within the cavity.
Sun discloses a water purifier in the same field of endeavor as the instant application, as it solves the mutual problem of providing a water purifier with a plunging assembly (Abstract; see piston cylinder). Sun further discloses a flow control device in the form of a check valve that is provided at a cavity near an outlet of a filtration device in order to help control the flow of liquid coming through the filter and to prevent backflow (Figure 4; Paragraph [0021]; see check valve 24/25).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the flow control device and cavity of Sturgess by further having a flow control device at the cavity as taught by Sun because Sun discloses such a flow control device helps control flow of liquid coming through the filter and prevents backflow (Sun, Figure 4; Paragraph [0021]).
Regarding instant Claim 15, Claim 14, upon which Claim 15 is dependent, has been rejected above. The combined references further disclose wherein the flow control device is configured to restrict liquid held within the inner bore from flowing through the filtration assembly (Sun, Figure 4; Paragraph [0021]; Sturgess, Figure 1B; Paragraph [0028]; web 100 would restrict flow, also check valve would further restrict flow through the assembly by closing off flow through the outlet).
Regarding instant Claim 16, Claim 14, upon which Claim 16 is dependent, has been rejected above. The combined references further disclose wherein the flow control device includes one or more sealing portions, the one or more sealing portions configured to couple the filter housing and form a seal between the flow control device and the filter housing (Sturgess, Figure 1B; Paragraph [0028]; Sun, Figure 4; Paragraph [0021]; check valve would have seal, also sealing mechanism with O-ring 66 in Sturgess).
Regarding instant Claim 17, Claim 14, upon which Claim 17 is dependent, has been rejected above. The combined references further disclose wherein at least a portion of the flow control device contacts the inner wall of the filter housing (Sun, Figure 4; Paragraph [0021]; Sturgess, Figure 1B; Paragraph [0028]; check valve would touch inner wall/web 100 by being on bottom).
Regarding instant Claim 18, Claim 17, upon which Claim 18 is dependent, has been rejected above. The combined references further disclose wherein the flow control device includes an end portion, and wherein the end portion is coupled to the second end of the filtration assembly (Sturgess, Figure 1B; Paragraphs [0026], [0028], [0034], [0047]; Sun, Figure 4; Paragraph [0021]; end portion of check valve would be at bottom/second end of filtration assembly).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Sturgess (US Pat Pub. 2011/0117257; found in IDS filed 02 April 2024) in view of Carper et al. (herein referred to as “Carper”, US Pat Pub. 2019/0231983) and Drori, US 4572784.
Regarding instant Claim 20, Sturgess discloses a method of filtering a liquid using a filtration container assembly (Abstract; Figure 1A; Paragraph [0023]; method of filtering liquid via drinking container 10 comprising a filter), the method comprising:
obtaining a filtration container assembly including an outer container having a first open end and a second closed end defining an inner cavity (Figure 1A; Figure 1B; Paragraph [0023]; see main container 12 with closed end at bottom and open end at top, interior forming an inner cavity), and a plunging assembly having a first end and a second end, wherein the second end of the plunging assembly is configured to be received within the inner cavity of the outer container (Figure 1B; Paragraphs [0031]-[0034]; plunging assembly 30 comprising main shaft 32 with first end with proximate grip 34 and opposing second end proximate the plunger head 36), wherein the first end of the plunging assembly includes a cap having a pressing surface configured for a user to press the plunging assembly into the inner cavity of the outer container (Figure 1A; Figure 1B; Paragraph [0031]; first end comprises grip 34 for pushing plunging assembly 30 into the container 10), and wherein the plunging assembly includes a filtration assembly having a flow control device disposed within a cavity within the filtration assembly (Figure 1B; Paragraphs [0028]-[0031]; Paragraph [0034]; Paragraph [0042]; filter assembly 28 with filter 70 and webs 92 and 100, which serve as flow control device), wherein the filtration assembly includes a filtration media configured to filter a liquid (Figure 1B; Paragraphs [0028]-[0031]; Paragraph [0034]; Paragraph [0042]; filter 70 filters liquid);
filling the outer container with a liquid (Figure 12; Paragraph [0041]; container 12 is filled);
inserting the second end of the plunging assembly into the first open end of the outer container (Figure 1A; Figure 1B; Paragraphs [0031]-[0034]; plunging assembly enters outer container via filling reservoir 20); and
pressing the first pressing surface of the plunging assembly to press the plunging assembly into the inner cavity of the outer container (Figure 1A; Figure 1B; Paragraphs [0031]-[0034]; plunging assembly enters outer container via filling reservoir 20 and is pushed upwards and downwards).
However, Sturgis is silent on a fill indicator on the outer container and the flow control device being disposed radially inward of the filtration media such that the filtration media laterally surrounds the flow control device.
Carper discloses a colored seal system, method and apparatus in the same field of endeavor as the instant application, as it solves the mutual problem of containing fluids in a container with a plunging apparatus (Abstract; Paragraph [0029]). Carper further discloses the use of fill indicators to indicate the precise levels as to which a fluid can be fill in a container for ease of use (Paragraph [0028]; Paragraph [0044]).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the outer container of Sturgess to further comprise a fill indicator as taught by Carper because Carper discloses such a fill indicator would indicate the precise levels as to which a fluid can be fill in a container for ease of use (Carper, Paragraph [0028]; Paragraph [0044]).
However, Sturgess is silent on the flow control device being disposed radially inward of the filtration media such that the filtration media laterally surrounds the flow control device.
Drori discloses multiple-disc filters in the same field of endeavor as the instant application, as it solves the mutual problem of providing a flow control device and filtration media (Abstract; Figure 5; Col. 6, Line 16-Col. 7, Line 23). Drori further discloses a flow control device disposed radially inward of a filtration media such that the filtration media laterally surrounds to flow control device in order to improve the control of flow of liquid throughout the filter media (Figure 5; Col. 6, Line 16-Col. 7, Line 23).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to modify the filtration assembly and the flow control device of Sturgess to further comprise the flow control device being disposed radially inward of the filtration media such that the filtration media laterally surrounds the flow control device as taught by Drori because Drori discloses such a configuration will improve the control of flow of liquid throughout the filter media (Drori, Figure 5; Col. 6, Line 16-Col. 7, Line 23).
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 RICHARD C GURTOWSKI whose telephone number is (571)272-3189. The examiner can normally be reached 9:00 am-5:30pm MT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Benjamin Lebron can be reached at (571) 272-0475. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RICHARD C GURTOWSKI/Primary Examiner, Art Unit 1773 05/19/2026
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