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 .
Specification
The abstract of the disclosure is objected to because it contains fewer than the required 50 to 150 words. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Objections
Claim 14 is objected to because of the following informalities: the phrase “the lug is projects” is grammatically improper. Examiner suggests deleting the word “is”. Appropriate correction is required.
Claim 16 is objected to because of the following informalities: the phrase “the flat planar surface” is not consistent with previous recitations such as “the planar surface” in previous claims. Appropriate correction is required.
Claim 19 is objected to because of the following informalities: “the tapered end cap radial wall member” is not consistent with previous recitations such as “the radial wall member”. Appropriate correction is required.
Claim 20 is objected to because of the following informalities: “the tapered end cap radial wall member” is not consistent with previous recitations such as “the radial wall member”. Appropriate correction is required.
Claim 26 is objected to because of the following informalities: “the tapered end cap radial wall member” is not consistent with previous recitations such as “the radial wall member”. Appropriate correction is required.
Claim 27 is objected to because of the following informalities: “the tapered end cap radial wall member” is not consistent with previous recitations such as “the radial wall member”. Appropriate correction is required.
Claim 28 is objected to because of the following informalities: “the tapered end cap radial wall member” is not consistent with previous recitations such as “the radial wall member”. 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 16, 18 and any of their dependent claims 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 16 recites the limitation "the base plate". There is insufficient antecedent basis for this limitation in the claim.
Claim 18 recites the limitation “a plurality of lugs” and “holders”. It is not clear if these limitations are the same as “a lug” and ‘a holder” as in Claim 11, respectively, or if they are a different group of “lugs” and “holders” apart from the original lug and holder of Claim 11. The Examiner interprets them to be part of the same group.
Claim Rejections - 35 USC § 102
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 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.
Claim(s) 1-5, 7-10, & 19-25 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Pall, (US 4,228,012).
Regarding Claims 1-5, 7-10, & 19-25, Pall discloses a filter element comprising:(a) filter media having opposite first and second ends, (Filter Element 85 and Filter Sheet 86, See Figure 7, See column 10, lines 54-64); and (b) an end cap arrangement secured to the first end selectively convertible from a tapered end cap to a flat end cap, (See Figures 5, 6 & 7, See column 3, lines 58-68, column 4, lines 1-5 and See column 3, lines 7-23), and from the flat end cap to the tapered end cap, (See Figures 5, 6 & 7, See column 3, lines 58-68, column 4, lines 1-5 and See column 3, lines 7-23; based on the orientation of the filter cartridge joining to another filter cartridge, either the tapered or flat end cap will be used/selected).
Additional Disclosures Included:
Claim 2: The filter element of claim 1 wherein the end cap arrangement includes a first end cap secured to the first end, (End Cap 41 on top end of Filter Element 85, See Figures 5-7, See column 7, lines 25-38); and further including a second end cap secured to the second end, (End Cap 40 on bottom end of Filter Element 85, See Figures 5-7, See column 7, lines 25-38).
Claim 3: The filter element of claim 2 wherein the end cap arrangement includes the flat end cap secured to the first end cap, (Channel Members 60 & 61 on End Cap 41, See Figure 5, See column 7, lines 58-67), and the tapered end cap releasably coupled to the flat end cap, (Closure Member 90 coupled to Channel Members 60/61, See Figure 5, See column 8, lines 66-68, column 9, lines 1-14).
Claim 4: The filter element of claim 3 wherein: (a) the filter media includes a cylindrical tube having a central longitudinal axis, (Core 88 of Element 85, See Figure 7, column 10, lines 54-64); and (b) the flat end cap includes a flat, planar surface, perpendicular to the longitudinal axis, (Top or Bottom Surface of Channel members 60/61, See Figure 5); and a flat end cap radial wall extending from a perimeter of the planar surface toward the first end cap, (Lateral Edge defined by element 64 of Channel members 60/61, See Figure 5, See column 9, lines 18-28).
Claim 5: The filter element of claim 4 wherein the flat end cap includes an end lip surrounding the flat end cap radial wall such that the flat end cap radial wall extends between the planar surface and the end lip, (Bottom or edges defined by Channel sides 62/63 of element 64 and top/bottom surfaces of Channel members 60/61, See Figure 5, See column 7, lines 58-68).
Claim 7: The filter element of claim 5 wherein the tapered end cap includes a radial wall member surrounding an end piece, (Radially extending Attaching Member 99 from Spike 97, See Figure 5, See column 9, lines 3-14); the end piece having a tapered projection, (Spike 97 slopes/tapers to a point, See Figures 5 & 7).
Claim 8: The filter element of claim 7 wherein the tapered projection is one of a fin, cone, cone-section, or rocket-shape, (Spike 97 is shaped like all of the listed options, See Figure 5 & 7).
Claim 9: The filter element of claim 7 wherein:(a) the flat end cap radial wall has an exterior surface, (Outside Vertical Edge of element 64 of Channel members 60/61, See Figures 5 & 7); (b) the radial wall member of the tapered end cap has an interior surface, (Interior rim of 62/63 of Channel Members 60/61, See Figures 5 & 7); and (c) the tapered end cap is releasably coupled to the flat end cap by a coupling arrangement between the exterior surface of the flat end cap radial wall and the interior surface of the tapered end cap, (Rim of 62/63 couples around edge of Attaching member 99 (which is placed in the interior of Channel Members 60/61, See Figure 5 & 7).
Claim 10: The filter element of claim 7 wherein the coupling arrangement includes a threaded connection, (See column 11, lines 15-21).
Claim 19: The filter element of claim 7 wherein the tapered end cap further includes a sealing member at a terminal end of the tapered end cap radial wall member; the sealing member being flexible, (See column 4, lines 18-30), and positioned to press against the end lip of the flat end cap to form a seal therebetween, (Edge of Member 99 presses inwardly against interior of Channel Sides 62/63 when joined along with Flange 48 of End Cap 41, See Figures 5 & 7).
Claim 20: The filter element of claim 7 wherein the tapered end cap further includes a seal tip at a terminal end of the tapered end cap radial wall member; the seal tip being a rubber-like material and positioned to press against the end lip of the flat end cap, (Bottom edge of Closure Member 90, See Figure 5, See column 4, lines 18-30), to form a seal therebetween, (Edge of Member 99 presses inwardly against interior of Channel Sides 62/63 when joined along with Flange 48 of End Cap 41, See Figures 5 & 7).
Claim 21: The filter element of claim 1 wherein the tapered end cap includes a tapered projection being one of a fin, cone, cone-section, or rocket-shape, (Spike 97 is shaped like all of the listed options, See Figure 5 & 7).
Claim 22: The filter element of claim 3 wherein:(a) the filter media includes a cylindrical tube having a central longitudinal axis, (Core 88 of Element 85, See Figure 7, column 10, lines 54-64); and (b) the flat end cap includes a flat, planar surface, perpendicular to the longitudinal axis, (Top or Bottom Surface of Channel members 60/61, See Figure 5); and a flat end cap rim extending from a perimeter of the planar surface away from the first end cap, (Lateral Edge defined by element 64 of Channel members 60/61, See Figure 5, See column 9, lines 18-28).
Claim 23: The filter element of claim 22 wherein the flat end cap rim includes a plurality of rim segments circumferentially spaced from each other with recesses therebetween, (Channel Members 60/61 are two different pieces joined together (segments) in which Grooves formed by Channel Sides 62/63 form recesses, See Figure 5 & 7, See column 7, lines 58-68).
Claim 24: The filter element of claim 22 wherein the tapered end cap includes a radial wall member surrounding an end piece, (Radially extending Attaching Member 99 from Spike 97, See Figure 5, See column 9, lines 3-14); the end piece having a tapered projection, (Spike 97 slopes/tapers to a point, See Figures 5 & 7).
Claim 25: The filter element of claim 24 wherein the tapered projection is one of a fin, cone, cone-section, or rocket-shape, (Spike 97 is shaped like all of the listed options, See Figure 5 & 7).
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.
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.
Claim(s) 6, 11-18 & 26-28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pall, (US 4,228,012), in view of Bonilla, (US 2021/0260506).
Regarding Claim 6, Pall discloses the filter element of claim 5 but does not disclose wherein: (a) the flat end cap further includes a base plate with an outer periphery; the end lip and flat end cap radial wall projecting away from the base plate; and (b) the base plate is secured to and against the first end cap.
Bonilla discloses wherein: (a) the flat end cap further includes a base plate with an outer periphery, (Base 30A, See Figure 1A/B, See column 8, lines 35-56, Bonilla); the end lip and flat end cap radial wall projecting away from the base plate, (Edge of Base 30A and Crown 90A extending from Base 30A, See Figure 1A, See paragraph [0039], Bonilla); and (b) the base plate is secured to and against the first end cap, (Ribs/Arms etc of Base 30A (Connector 50A) of Figure 1A secure to/against Connector element 50B, See Figure 3, See paragraphs [0039]-[0041], Bonilla).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the filter element of Pall by incorporating wherein: (a) the flat end cap further includes a base plate with an outer periphery; the end lip and flat end cap radial wall projecting away from the base plate; and (b) the base plate is secured to and against the first end cap as in Bonilla in order to “maintain a fluid-tight seal”, (See paragraph [0044], Bonilla), and “prevent reverse axial action”, (See paragraph [0045], Bonilla), in which “different filter element end caps can be bound to filter elements to provide more options for the resultant final filter and filter device”, (See paragraph [0031], Bonilla).
Regarding Claim 11, Pall discloses the filter element of claim 10, but does not disclose wherein the coupling arrangement includes a lug and a holder engageable upon rotation of the threaded connection.
Bonilla discloses the filter element of claim 10 wherein the coupling arrangement includes a lug and a holder engageable upon rotation of the threaded connection, (Tooth 22a/Ramp 21a and Lock 26B, See Figure 3, See paragraph [0039], [0043]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the filter element of Pall by incorporating wherein the coupling arrangement includes a lug and a holder engageable upon rotation of the threaded connection as in Bonilla in order to “maintain a fluid-tight seal”, (See paragraph [0044], Bonilla), and “prevent reverse axial action”, (See paragraph [0045], Bonilla), in which “different filter element end caps can be bound to filter elements to provide more options for the resultant final filter and filter device”, (See paragraph [0031], Bonilla).
Additional Disclosures Included:
Claim 12: The filter element of claim 11 wherein:(a) the lug includes a projection extending from one of the interior surface of the radial wall member and the exterior surface of the flat end cap radial wall, (Tooth 22a/Ramp 21a, See Figure 3, See paragraph [0039], Bonilla); and (b) the holder extends from the other of the interior surface of the radial wall member and the exterior surface of the flat end cap radial wall, (Lock 26B, See Figure 3, See paragraph [0043]).
Claim 13: The filter element of claim 12 wherein:(a) the lug projects radially inwardly from the interior surface of the radial wall member, (Tooth 22a/Ramp 21a, See Figure 3, See paragraph [0039], Bonilla; tooth 22a/ramp 21a on underside of top surface of Connector 50A); and (b) the holder is along the exterior surface of the flat end cap radial wall, (Lock 26B on outside edge of Connector 50B, See Figure 3, See paragraph [0043], Bonilla).
Claim 14: The filter element of claim 13 wherein:(a) the lug is projects radially inwardly from adjacent an end rim of the interior surface of the radial wall member, (Tooth 22a/Ramp 21a, See Figure 3, See paragraph [0039], Bonilla; tooth 22a/ramp 21a on underside of top surface of Connector 50A); and(b) the holder projects radially outwardly from the end lip and the flat end cap radial wall, (Lock 26B on outside edge of Connector 50B, See Figure 3, See paragraph [0043], Bonilla).
Claim 15: The filter element of claim 12 wherein:(a) the lug is an axial projection along the interior surface of the radial wall member, (Tooth 22a/Ramp 21a, See Figure 3, See paragraph [0039], Bonilla; tooth 22a/ramp 21a on underside of top surface of Connector 50A); and (b) the holder is along the exterior surface of the flat end cap radial wall, (Lock 26B on outside edge of Connector 50B, See Figure 3, See paragraph [0043], Bonilla).
Claim 16: The filter element of claim 15 wherein:(a) the threaded connection includes threads along the radial wall member between the lug and an end rim of the interior surface of the radial wall member, (Thread 65 for Connector Element 50A within the annular part so between the Tooth 22a/Ramp 21a on outer edges, See paragraph [0036]); and (b) the holder extends from the flat end cap radial wall adjacent to the flat planar surface and includes threads along the flat end cap radial wall between the holder and the base plate, (Lock 26B on outside edge of Connector 50B, looking at outer edge, Snap tooth and other elements show thread-like structure, See Figure 3, See paragraph [0043], Bonilla).
Claim 17: The filter element of claim 16 wherein the holder includes a recess in the flat end cap radial wall, (Lock 26B is shaped like opening on outside edge of Connector 50B, See Figure 3, See paragraph [0043], Bonilla).
Claim 18: The filter element of claim 11 wherein the coupling arrangement includes a plurality of lugs and holders, (multiple of each of Tooth 22a/Ramp 21a and Lock 26B, See Figure 2A/B, See Figures 2A/B and 3, See paragraphs [0039], [0043], Bonilla).
Regarding Claim 26, Pall discloses the filter element of claim 24 wherein the tapered end cap further includes a plurality of circumferentially spaced connecting sections extending between the tapered projection and the tapered end cap radial wall member.
Bonilla discloses wherein the tapered end cap further includes a plurality of circumferentially spaced connecting sections extending between the tapered projection and the tapered end cap radial wall member, (Flat radial portion extending from Wall (Crown 90A) and Vertical radial portion extending from flat radial portion to Tapered raised portion 43 as shown in Figure 2A and in Figure 3, See paragraph [0037], [0039]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the filter element of Pall by incorporating wherein the tapered end cap further includes a plurality of circumferentially spaced connecting sections extending between the tapered projection and the tapered end cap radial wall member as in Bonilla in order to provide “different filter element end caps can be bound to filter elements to provide more options for the resultant final filter and filter device”, (See paragraph [0031], Bonilla).
Regarding Claims 27-28, Pall discloses the filter element of claim 24, but does not disclose wherein the tapered end cap radial wall member is sized to snap fit over the flat end cap rim.
Bonilla discloses wherein the tapered end cap radial wall member is sized to snap fit over the flat end cap rim, (Cylindrical Walls 80A join over cylindrical walls 80b, See Figure 4C, See paragraph [0042], Bonilla).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the filter element of Pall by incorporating wherein the tapered end cap radial wall member is sized to snap fit over the flat end cap rim as in Bonilla in order to provide “different filter element end caps can be bound to filter elements to provide more options for the resultant final filter and filter device”, (See paragraph [0031], Bonilla).
Additional Disclosures Included:
Claim 28: The filter element of claim 27 wherein:(a) the tapered end cap radial wall member has a radially inward protuberance, (Cylindrical walls 80A on Connector 50A, See Figure 4A, See paragraph [0040], Bonilla); and (b) the flat end cap rim has a radially outward projection, (Cylindrical walls 80b on Connector 50B, See Figure 4A, See paragraph [0042], Bonilla); wherein the radially inward protuberance snaps over the radially outward projection, (See Figure 4C, See paragraph [0042], Bonilla).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN M PEO whose telephone number is (571)272-9891. The examiner can normally be reached M-F, 9AM-5PM.
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/JONATHAN M PEO/ Primary Examiner, Art Unit 1779
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