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 1-3, 7-9 and 13-18 are rejected.
Claims 4-6, 10-12 and 19 have been cancelled.
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 1-3, 7-8 and 15-18 are finally 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 "the outer diameters" in line 14. There is insufficient antecedent basis for this limitation in the claim.
Claim 15 recites the limitation "the filter plate" in line 9. There is insufficient antecedent basis for this limitation in the claim.
Claim 15 recites the limitation "the outer diameters" in line 16. 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.
Claim(s) 1-3, 8-9 and 14-18 are finally rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hoffmann et al. (US 4,909,937) [hereinafter Hoffmann].
With respect to claim 1, Hoffmann discloses a filter, as shown in Fig. 1, having: a housing 2, as shown in Fig. 1; a plurality of filter elements F1, F2, as shown in Fig. 1, disposed in the housing 2, the plurality of filter elements F1, F2, including one or more filter elements of a first filter element type and including one or more filter elements of a second filter element type, as shown in Fig. 1 (see col. 9, lines 62-68 and col. 10, lines 1-4, filter cartridges K1 and K2 are different types); and an adapter 21 (receptacle plate) in the housing 2, the receptacle plate 21 has at least two different mating elements for attaching filter elements F1, F2, thereto, as shown in Fig. 1; wherein the receptacle plate 21 includes one or more first mating elements configured to mate with filter elements F1 of the first type, as shown in Fig. 1, and one or more second mating elements configured to mate with filter elements F2 of the second type, as shown in Fig. 1; wherein filter elements F1 of the first type cannot mate with the second mating elements F2, as shown in Fig. 1; wherein the housing 2 includes a fluid connection A1 (inlet) and a fluid connection A2 (outlet), as shown in Fig. 1, and wherein the filter elements F1, F2, all have inner diameters, as shown in Fig. 1; wherein, in operation, fluid flows from the inlet A1, through the outer diameters of all the filters F1, F2, to the inner diameters, through the receptacle plate 21 and to the outlet A2, as shown in Fig. 1.
With respect to claims 2 and 17, Hoffmann discloses wherein filter elements of the second type F2 cannot mate with the first mating elements, as shown in Fig. 1.
With respect to claims 3 and 18, Hoffmann discloses wherein the first and second types of filter elements F1, F2, have different outer diameters, as shown in Fig. 1.
With respect to claims 8 and 14, Hoffmann discloses wherein the receptacle plate 21 is a separate piece from the housing 2, as shown in Fig. 1.
With respect to claim 9, Hoffmann discloses a filter, as shown in Fig. 1, having: a housing 2, as shown in Fig. 1; a plurality of filter elements F1, F2, disposed in the housing 2, the plurality of filter elements F1, F2, including one or more filter elements of a first filter element type and including one or more filter elements of a second filter element type, as shown in Fig. 1 (see col. 9, lines 62-68 and col. 10, lines 1-4, filter cartridges K1 and K2 are different types); and a receptacle plate 21 in the housing 2, as shown in Fig. 1, the receptacle plate 21 has at least two different mating elements for attaching filter elements thereto, as shown in Fig. 1; wherein the receptacle plate 21 includes one or more first mating elements configured to mate with filter elements F1 of the first type, as shown in Fig. 1, and one or more second mating elements configured to mate with filter elements F2 of the second type, as shown in Fig. 1; wherein the first and second types of filter elements F1, F2, have different outer diameters, as shown in Fig. 1; wherein the housing 2 includes a fluid connection A1 (inlet) and a fluid connection A2 (outlet), as shown in Fig. 1, and wherein the filter elements F1, F2, all have inner diameters, as shown in Fig. 1; wherein, in operation, fluid flows from the inlet A1, through the outer diameters of all the filters F1, F2, to the inner diameters, through the receptacle plate 21 and to the outlet A2, as shown in Fig. 1.
With respect to claim 15, Hoffmann discloses a filter, as shown in Fig. 1, having: assembling a filter system, wherein assembling includes: disposing a plurality of filter elements F1, F2, in a housing 2, as shown in Fig. 1, the plurality of filter elements F1, F2, including one or more filter elements of a first filter element type and including one or more filter elements of a second filter element type, as shown in Fig. 1 (see col. 9, lines 62-68 and col. 10, lines 1-4, filter cartridges K1 and K2 are different types); and attaching the plurality of filter elements F1, F2, to a receptacle plate 21 in the housing 2, as shown in Fig. 1, the receptacle plate 21 having at least two different mating elements for attaching filter elements F1, F2, thereto, wherein filter elements F1 of the first element type are connected to first mating elements in the filter plate 21 configured to mate with filter elements 18 of the first type, as shown in Fig. 1, and filter elements F2 of the second type are connected to second mating elements configured to mate with filter elements F2 of the second type, as shown in Fig. 1; providing a liquid at an inlet A1 to the housing 2, as shown in Fig. 1; passing the liquid through the plurality of filter elements F1, F2, as shown in Fig. 2; and passing cleaned liquid out of an outlet A2 of the housing 2, as shown in Fig. 1; wherein the filter elements F1, F2, all have inner diameters, as shown in Fig. 1; wherein, in operation, fluid flows from the inlet A1, through the outer diameters of all the filters F1, F2, to the inner diameters, through the receptacle plate 21 and to the outlet A2, as shown in Fig. 1.
With respect to claim 16, Hoffmann discloses wherein filter elements F1 of the first type cannot mate with the second mating elements, as shown in Fig. 1.
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(s) 7 and 13 are finally rejected under 35 U.S.C. 103 as being unpatentable over Hoffmann (US 4,909,937).
With respect to claims 7 and 13, Hoffman teaches a receptacle plate 21 positioned in the housing 2, as shown in Fig. 1. Hoffmann lacks wherein the receptacle plate is integrally formed in the housing. However, it would have been obvious to a person having ordinary skill in the art to make the receptacle plate of the filter disclosed by Hoffmann, integrally formed in the housing, as claimed by applicant, in order to facilitate its handling, since the courts have held that the use of a one piece construction instead of the structure disclosed in the prior art would be merely a matter of obvious engineering choice. (See MPEP 2144.04 [R-1] (V) [In re Larson, 340 F.2d 965, 968, 144 USPQ 347, 349 (CCPA 1965)).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-3, 7-9 and 13-18 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.
In response to applicant’s argument that Hunsinger lacks the new limitations added to claims 1, 9 and 15: Hoffmann teaches the new limitations, as stated above.
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 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
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