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 1-88 and 93-94 have been cancelled.
Claims 89-91 and 97-107 are rejected.
Claims 92 and 95-96 are withdrawn.
Election/Restrictions
Applicant’s election without traverse of Group I, claims 89-92 and 97-107, and Species shown in Figs. 1-6 and 43-45, in the reply filed on June 1, 2026, is acknowledged. Each of the Figures 1-6 is a different species, and for examination purposes, Fig. 2 has been considered to be the elected species, since it reads on claim 90. Furthermore, claim 92 is drawn to a non-elected species, and is hereby withdrawn.
Accordingly, claims 92 and 95-96 are withdrawn from further consideration because they are drawn to a non-elected invention.
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 90-92, 97-98 and 103-107 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 90 recites the limitation “a liquid recovery filter assembly” in lines 1-2. It is not clear if this is the same liquid recovery filter assembly recited in claim 89.
Claim 90 recites the limitation "the upstream designated surface" in line 8. There is insufficient antecedent basis for this limitation in the claim.
Claim 90 recites the limitation “a recovery port” in line 14. It is not clear if this is the same recovery port recited in claim 89.
Claim 97 recites the limitation “the recovery port” in line 2. It is not clear to which recovery port applicant is referring to.
Claim 98 recites the limitation “the recovery port” in line 2. It is not clear to which recovery port applicant is referring to.
Claim 103 recites the limitation "the upstream designated surface" in line 7. There is insufficient antecedent basis for this limitation in the claim.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 90-92 and 97 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 89 is drawn to a line-clearing assembly having a process fluid pathway that is connectable to a liquid recovery filter assembly. The liquid recovery filter assembly is not part of the line-clearing assembly. Claim 90 includes limitations drawn to the liquid recovery filter assembly and, therefore, is not further limiting the subject matter of claim 89.
Claims 91-92 and 97 are rejected due to their dependency on claim 90.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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) 89 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hedge (US 2002/0056675).
With respect to claim 89, Hedge discloses a gas vent filter construction 10, as shown in Fig. 3, having: an inlet orifice 18 (process fluid pathway) defined by a tube or a pipe, as shown in Fig. 3, wherein the process fluid pathway 18 is connectable to a liquid filtration system 410, 510 (liquid recovery filter assembly), as shown in Figs. 4-5; an inlet passage 20 (recovery port) connected to the process fluid pathway 18, as shown in Fig. 3, wherein the recovery port 20 is in fluid communication with the process fluid pathway 18, as shown in Fig. 3; and, a membrane 16 (recovery filter) secured in-line with the recovery port 20, as shown in Fig. 3, wherein the recovery filter 16 is in fluid communication with the recovery port 20 and the process fluid pathway 18, as shown in Figs. 3-4.
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) 90-91 and 97-98 are rejected under 35 U.S.C. 103 as being unpatentable over Hedge (US 2002/0056675).
With respect to claim 90, Hedge discloses a liquid recovery filter assembly 510 secured to the process fluid pathway 18, as shown in Fig. 5, wherein the liquid recovery filter assembly 510 has a filter housing 49 having an upper end, as shown in Fig. 5, a lower end opposite the upper end, as shown in Fig. 5, and an outer wall extending between the upper end and the lower end, as shown in Fig. 5, the filter housing 49 defining an internal volume, as shown in Fig. 5; a filter cartridge 98 (filter element) disposed within the filter housing 49, as shown in Fig. 5, the filter element 98 having an upstream designated side and a downstream designated side, as shown in Fig. 5, wherein an upstream volume is defined by the filter housing 49 and the upstream designated surface of the filter element 98, as shown in Fig. 5; an inlet port 46 extending from the filter housing 49, as shown in Fig. 5, the inlet port 46 communicating fluidly with the upstream volume, as shown in Fig. 5; an outlet port 48 extending from the filter housing 49, as shown in Fig. 5, wherein the outlet port 48 is in fluid communication with the downstream designated side of the filter element 98, as shown in Fig. 5; and, a recovery port extending from the filter housing 49, as shown in the figure below, wherein the recovery port is in fluid communication with the downstream side of the filter element 98, as shown in the figure below, wherein the recovery port is in fluid communication with, the process fluid pathway 18, as shown in Fig. 5.
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Hedge lacks wherein the recovery port is attached to the process fluid pathway. However, Hedge teaches a gas vent filter construction 10 that incorporates a hollow fiber membrane assembly as a means for selectively preventing liquid species from escaping from, for example, a substantially closed liquid filtration system, as gas building up therein is vented out of said system through said gas vent filter construction (see abstract). Hedge teaches the gas vent filter construction 10 connected to the housing 49 to allow venting of gas from area 59, as shown in Fig. 5, i.e., upstream the filter element 98. However, Hedge also shows a recovery port downstream the filter element 98, as shown in the figure above. It would have been obvious to one of ordinary skill in the art to provide the recovery port disclosed by Hedge attached to the process fluid pathway of the filter 10, as claimed by applicant, in order to prevent liquid species from escaping from the housing downstream the filter element and venting gas out of the housing and since the courts have held that shifting the position of a particular element is unpatentable as long as the operation of the device is not modified (see In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950)). In this case, shifting the filter 10 from the upstream port to the downstream port, or even adding a second filter to the downstream port, would not modify the operation of the system and it will improve the efficiency of the system by preventing liquid escaping from the housing and venting gas out of the housing.
With respect to claim 91, Hedge discloses a filter cartridge 98 secured in the filter housing 49, as shown in Fig. 5, wherein the filter cartridge 98 secures the filter element in the filter housing 49, as shown in Fig. 5.
With respect to claims 97-98, Hedge discloses a recovery port adapter, as shown in the figure above, connecting the recovery port 20 to the liquid recovery filter assembly 510, as shown in the figure above, wherein the recovery port adapter is selected from the group consisting of a barbed fitting, a threaded connection, a sanitary fitting, a quick connect, a luer fitting and combinations thereof, as shown in the figure above.
Claim(s) 99-107 are rejected under 35 U.S.C. 103 as being unpatentable over Hedge (US 2002/0056675) in view of Rutz (US 5,871,566).
With respect to claim 99, Hedge lacks an upstream valve secured to the recovery port, wherein the upstream valve is in fluid communication with the recovery port, the recovery filter and the process fluid pathway.
Rutz discloses a metering pump 10 having a venting system 12, including a membrane 14, as shown in Fig. 1. FIG. 1 shows a nonreturn valve 17 (downstream valve) installed in the gas outlet 23. Fig 2 shows a valve 24 (upstream valve) connected to pipe 21. The valves are ball valves, as shown in Figs. 1-2. It would have been obvious to one of ordinary skill in the art to provide the filter disclosed by Hedge with an upstream valve secured to the recovery port, as taught by Rutz, in order to control flow of gas. With this modification, the upstream valve is in fluid communication with the recovery port, the recovery filter and the process fluid pathway, as required by the claim.
With respect to claim 100, Hedge as modified by Rutz discloses wherein the upstream valve is selected from the group consisting of needle valves, ball valves and combinations thereof, as shown in Figs. 1-2 of Rutz.
With respect to claim 101, Hedge as modified by Rutz discloses a second valve 17 secured to the recovery port downstream the recovery filter 12, wherein the second valve 17, as shown in Fig. 1 of Rutz. With this modification, the second valve is in fluid communication with the recovery port, the recovery filter and the process fluid pathway, as required by the claim.
With respect to claims 102 and 106-107, Hedge as modified by Rutz discloses a second valve 17 secured to the recovery port between the recovery filter and the fluid process pathway, as shown in Fig. 1 of Rutz. With this modification, the second valve is in fluid communication with the recovery port, the recovery filter and the process fluid pathway, as required by the claim.
With respect to claim 103, Hedge discloses a liquid recovery filter assembly 510, as shown in Fig. 5, having: a filter housing 49 having an upper end, a lower end opposite the upper end, and an outer wall extending between the upper end and the lower end, as shown in Fig. 5, the filter housing 49 defining an internal volume, as shown in Fig. 5; a filter element 98 disposed within the filter housing 49, as shown in Fig. 5, the filter element 98 having an upstream designated side and a downstream designated side, as shown in Fig. 5, wherein an upstream volume is defined by the filter housing 49 and the upstream designated surface of the filter element 98, as shown in Fig. 5; an inlet port 46 extending from the filter housing 49, as shown in Fig. 5, the inlet port 46 communicating fluidly with the upstream volume, as shown in Fig. 5; an outlet port 48 extending from the filter housing 49, as shown in Fig. 5, wherein the outlet port 48 is in fluid communication with the downstream designated side of the filter element 98, as shown in Fig. 5; and, a recovery port extending from the filter housing 49, as shown in the figure above, wherein the recovery port is in fluid communication with the downstream side of the filter element 98, as shown in the figure above, a recovery filter 16 secured in-line with the port 42, as shown in Fig. 5; a process fluid pathway 18 defined by a tube or a pipe, as shown in Fig. 3, wherein the process fluid pathway 18 is in fluid communication with the port 42, the recovery filter 16 and the upstream side of the filter element 98, as shown in Fig. 5.
Hedge lacks the recovery filter secured in-line with the recovery port; the process fluid pathway being in fluid communication with the recovery port and the downstream side of the filter element; and a valve secured in-line with the recovery port between the recovery filter and the liquid recovery filter.
With respect to the recovery filter secured in-line with the recovery port; and the process fluid pathway being in fluid communication with the recovery port and the downstream side of the filter element: Hedge teaches a gas vent filter construction 10 that incorporates a hollow fiber membrane assembly as a means for selectively preventing liquid species from escaping from, for example, a substantially closed liquid filtration system, as gas building up therein is vented out of said system through said gas vent filter construction (see abstract). Hedge teaches the gas vent filter construction 10 connected to the housing 49 to allow venting of gas from area 59, as shown in Fig. 5, i.e., upstream the filter element 98. However, Hedge also shows a recovery port downstream the filter element 98, as shown in the figure above. It would have been obvious to one of ordinary skill in the art to provide the recovery filter disclosed by Hedge, secured in-line with the recovery port, and the process fluid pathway being in fluid communication with the recovery port and the downstream side of the filter element, as claimed by applicant, in order to prevent liquid species from escaping from the housing downstream the filter element and venting gas out of the housing and since the courts have held that shifting the position of a particular element is unpatentable as long as the operation of the device is not modified (see In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950)). In this case, shifting the filter 10 from the upstream port to the downstream port, or even adding a second filter to the downstream port, would not modify the operation of the system and it will improve the efficiency of the system by preventing liquid escaping from the housing and venting gas out of the housing.
With respect to the valve secured in-line with the recovery port between the recovery filter and the liquid recovery filter: Rutz discloses a metering pump 10 having a venting system 12, including a membrane 14, as shown in Fig. 1. FIG. 1 shows a nonreturn valve 17 (downstream valve) installed in the gas outlet 23. Fig 2 shows a valve 24 (upstream valve) connected to pipe 21. The valves are ball valves, as shown in Figs. 1-2. It would have been obvious to one of ordinary skill in the art to provide the filter disclosed by Hedge with a valve secured in-line with the recovery port, as taught by Rutz, in order to control flow of gas. With this modification, the valve is between the recovery filter and the liquid recovery filter pathway, as required by the claim.
With respect to claim 104, Hedge discloses a filter cartridge 98 secured in the filter housing 49, as shown in Fig. 5, wherein the filter cartridge 98 secures the filter element in the filter housing 49, as shown in Fig. 5.
With respect to claim 105, Hedge discloses a recovery port adapter secured to the recovery port, as shown in the figure above, wherein the recovery port adapter connects the recovery port to the fluid process pathway 18, and wherein the recovery port adapter is selected from the group consisting of a barbed fitting, a threaded connection, a sanitary fitting, a quick connect, a luer fitting and combinations thereof, as shown in the figure above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Lin (US 9,757,666), Lin et al. (US 9,861,916), Lin et al. (US 10,751,652) and Lin et al. (US 11,890,559) disclose related liquid recovery filters. Frometa et al. (US 2009/0001019) teaches a fluid treating apparatus having vents upstream and downstream of the filter. Olsen et al. (US 6,168,722) discloses a filter cartridge having a supplemental filtration device. Hiranaga et al. (US 5,776,342) teaches a filter assembly having a vent nozzle downstream of the filter. Ruschke (US 4,190,426) teaches a filter having a valve.
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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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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/MADELINE GONZALEZ/Primary Examiner, Art Unit 1773
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