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, filed 6/30/2026, with respect to 35 U.S.C 102(a)(2) and 103 for claims 1-2, 5-10, 12, 15-16, and 18-20 have been fully considered and are moot in light of the recent amendments to the claims. The rejections of 6/10/2026 have been withdrawn because the claims were amended. Due to the amendments of 6/30/2026, a new ground(s) of rejection is made in view of US7784504B2 Freed.
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.
Claim(s) 1, 2, 5, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16, 18, 19, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20170008774 A1 Mitchell in view of US7784504B2 Freed.
Regarding claim 1,
Mitchell teaches, except where struck through,
A water filter (water filter assembly 120) assembly for a household appliance (beverage dispenser 100) having a removable reservoir (108), the household appliance defining an axial direction and a radial direction (fig. 1), the water filter assembly comprising:
a filter cage (fig. 2 lower half of housing 124) received within a carriage (fig. 2 upper half of housing 124) (fig. 2),
and a filter element (filter medium 126) positioned within the filter cage (figs. 2-6), the filter element comprising a perimetral skirt (outer portion 138), wherein the perimetral skirt sealingly engages a portion of the filter cage (par. 25 and 34).
The difference between the prior art and the claimed invention is that Mitchell does not teach: wherein the carriage includes a first mating portion configured to releasably engage with a second mating portion on a bottom wall of the removable reservoir, wherein the carriage is positioned external to an interior volume of the removable reservoir.
Freed teaches an adapter for providing fluid communication (abstract) and further teaches wherein the carriage (fig. 2 vaporizer 22) includes a first mating portion (adapter 10) configured to releasably engage with a second mating portion (ferrule 30) on a bottom wall of the removable reservoir (container 26), wherein the carriage is positioned external to an interior volume of the removable reservoir (fig. 2)(column 5 lines 47 to 67 and column 6 lines 1 to 21).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to modify fitting 122 and bottom wall 120 of Mitchell with the adapter 10 and ferrule 30 of Freed to create a fluid seal between two containers (Freed column 16 lines 15 to 21).
Regarding claims 2 and 16,
Mitchell teaches,
wherein the perimetral skirt is configured to block a fluid path between the filter element and an inner wall of the filter cage (par. 34).
Regarding claims 5 and 18,
Mitchell teaches,
wherein the filter element comprises a fabric shell defining an interior cavity, a filter media received in the interior cavity, a fabric top affixed to the fabric shell, the perimetral skirt formed at a perimeter of the fabric top (claim 16 and par. 34).
Regarding claim 6,
Mitchell teaches,
wherein the filter media comprises active carbon (claim 16 and par. 34).
Regarding claims 7 and 19,
Mitchell teaches,
wherein the filter cage comprises one or more axial ribs extending radially inward from a filter cage wall along a portion of a length of the filter cage (see annotated fig. 2 below);
and wherein the perimetral skirt includes one or more notches formed at a perimeter of the perimetral skirt to sealingly engage the one or more axial ribs (see annotated fig. 2 below upper half of housing 124 has a complimentary shape to lower half of housing 124 which is an axial rib and filter medium 126 also has a notch shape that is the same as housing 124 which is a notch).
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Regarding claims 8 and 20,
Mitchell teaches,
wherein the one or more notches engage the one or more axial ribs securing the filter element against rotation in the filter cage (see fig. 3 where the indentation feature of housing 124 which is an axial rib and the complimentary shape, notch, of filter 126 are engaged together).
Regarding claim 9,
Mitchell teaches,
wherein the carriage (as discussed above) comprises:
a first mating portion (attachment member 150);
and a bottom wall of the removable reservoir includes a second mating portion (fitting 122, par. 20 provides for fitting 122 to be integrally formed with reservoir 108);
and wherein the first mating portion and the second mating portion releasably engage to form a watertight engagement (par. 28 teaches the interface forming a fluid seal and that that seal is formed by o ring seal member 152 which is a releasable engagement).
Regarding claim 10,
Mitchell teaches,
wherein:
the first mating portion and the second mating portion are configured to axially align and rotationally couple (see fig. 4).
Regarding claim 12,
Mitchell teaches,
wherein the carriage, the filter cage, and the filter element define an axial flow path for water from the removable reservoir (par. 32 and 33 teach the flow path of water from reservoir 108).
Regarding claim 13,
The difference between the prior art and the claimed invention is that Mitchell does not teach: wherein the axial flow path includes a normally closed check valve configured to engage with a base, wherein engagement with the base mechanically actuates the check valve in an open position facilitating a flow of water along the axial flow path from the removable reservoir.
Freed teaches the axial flow path (claim 1, see annotated fig. 1 below) includes a normally closed check valve (adapter valve assembly 120) configured to engage with a base (vaporizer valve assembly 128), wherein engagement with the base mechanically actuates the check valve in an open position facilitating a flow of water along the axial flow path from the removable reservoir (the spring shown in figs. 2 and 4 bias the adapter valve assembly and vaporizer valve assembly 128 closed due to their positioning).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to modify fitting 122 and bottom wall 120 of Mitchell with the adapter 10 including adapter valve assembly 120, ferrule 30, and vaporizer valve assembly 128 of Freed to create an openable and closable fluid seal between two containers (Freed column 16 lines 15 to 21).
Regarding claim 14,
The difference between the prior art and the claimed invention is that Mitchell does not teach: wherein the check valve is included in the carriage.
Freed teaches wherein the check valve (as discussed above) is included in the carriage (figs. 2 and 4).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to modify fitting 122 and bottom wall 120 of Mitchell with the adapter 10 including adapter valve assembly 120, ferrule 30, and vaporizer valve assembly 128 of Freed to create an openable and closable fluid seal between two containers (Freed column 16 lines 15 to 21).
Regarding claim 15,
Mitchell teaches, except where struck through,
A household appliance (beverage dispenser 100) defining a radial direction and an axial direction (fig. 1), the household appliance comprising:
a removable reservoir (108);
a water filter assembly (water filter assembly 120) comprising:
a filter cage (fig. 2 lower half of housing 124) received within a carriage (fig. 2 upper half of housing 124) (fig. 2), ;
and a filter element (filter medium 126) positioned within the filter cage (figs. 2-6), the filter element comprises a perimetral skirt (outer portion 138);
and wherein the perimetral skirt sealingly engaging a portion of the filter cage (par. 25 and 34).
The difference between the prior art and the claimed invention is that Mitchell does not teach: wherein the carriage includes a first mating portion configured to releasably engage with a second mating portion on a bottom wall of the removable reservoir, wherein the carriage is positioned external to an interior volume of the removable reservoir.
Freed teaches an adapter for providing fluid communication (abstract) and further teaches wherein the carriage (fig. 2 vaporizer 22) includes a first mating portion (adapter 10) configured to releasably engage with a second mating portion (ferrule 30) on a bottom wall of the removable reservoir (container 26), wherein the carriage is positioned external to an interior volume of the removable reservoir (fig. 2)(column 5 lines 47 to 67 and column 6 lines 1 to 21).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to modify fitting 122 and bottom wall 120 of Mitchell with the adapter 10 and ferrule 30 of Freed to create a fluid seal between two containers (Freed column 16 lines 15 to 21).
Claim(s) 3, 4, 11, and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20170008774 A1 Mitchell in view of US7784504B2 Freed in view of US10118113B2 Shotey.
Regarding claims 3 and 17,
The difference between the prior art and the claimed invention is that Mitchell does not teach: wherein the perimetral skirt is formed from an elastomer.
Shotey is considered analogous prior art, a filter assembly for a household appliance. Shotey also teaches a perimetral skirt (250) formed as an elastomer seal (Col. 16, ll. 60-67). Shotey also teaches the perimetral skirt is formed from an elastomer (Shotey teaches silicone column 16 lines 60 to 67 and column 17 lines 1 to 8)
Therefore, one of ordinary skill in the art before the effective filing date of the claimed invention would have recognized that the improvement taught by Shotey would have been capable of being applied to the outer portion 138 of Mitchell and the results would have been predictable to one of ordinary skill in the art because Shotey teaches that the use of the seal 250 to provide a liquid seal (Shotey column 16 lines 60 to 67 and column 17 lines 1 to 8)
Regarding claims 4 and 17,
The difference between the prior art and the claimed invention is that Mitchell does not teach: wherein the elastomer comprises silicone..
Shotey teaches that floatable body 230 contains a perimetrical skirt as seal 250 and further teaches wherein the elastomer comprises silicone (Shotey teaches silicone column 16 lines 60 to 67 and column 17 lines 1 to 8).
Therefore, one of ordinary skill in the art before the effective filing date of the claimed invention would have recognized that the improvement taught by Shotey would have been capable of being applied to the outer portion 138 of Mitchell and the results would have been predictable to one of ordinary skill in the art because Shotey teaches that the use of a silicone seal in seal 250 to provide a liquid seal (Shotey column 16 lines 60 to 67 and column 17 lines 1 to 8).
Regarding claim 11,
The difference between the prior art and the claimed invention is that Mitchell does not teach: wherein:
the first mating portion comprises a threaded section;
and the second mating portion comprises a complementary threaded section.
Shotey is considered analogous prior art, a filter assembly for a household appliance. Shotey also teaches the first mating portion (filter sleeve 20) comprises a threaded section (column 11 lines 49 to 67 and column 12 lines 1 to 23);
and the second mating portion (pitcher 2) comprises a complementary threaded section (column 11 lines 49 to 67 and column 12 lines 1 to 23).
Before the effective filing date of the claimed invention, there had been a recognized problem or need in the art to solve the problem of attaching two items together.
There were a finite number of identified and predictable potential solutions to the recognized need or problem evidenced by Shotey teaching a pitcher and filter sleeve being fastened together by a complimentary threading can be substituted for the o ring style attachment method that attaches attachment member 150 and fitting 122 of Mitchell because it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to try fastening parts together via threading to provide a connection.
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 ADAM M ECKARDT whose telephone number is (313)446-6609. The examiner can normally be reached 6 a.m to 2:00 p.m EST Monday to Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Edward Landrum can be reached at (571) 272-5567. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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ADAM MICHAEL. ECKARDT
Assistant Examiner
Art Unit 3761
/ADAM M ECKARDT/Examiner, Art Unit 3761
/WOODY A LEE JR/Primary Examiner, Art Unit 3761
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