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 .
Election/Restrictions
Claims 39–40 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected filter element, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on May. 01, 2026.
Claim Objections
Claims 39–40 are objected to because of the following informalities:
The current status of all of the claims in the application, including any previously canceled or withdrawn claims, must be given. Status is indicated in a parenthetical expression following the claim number by one of the following status identifiers: (original), (currently amended), (previously presented), (canceled), (withdrawn), (new), or (not entered). MPEP 714(II)(C)(A).
Since Claims 39–40 are directed to non-elected claims, they claim status should be “withdrawn”.
Claim 1 is objected because the limitation of “the tube of filter media” and “the filter media” are interchangeably used, please use the term consistently to avoid unnecessary confusion.
Claim 5 is objected because the limitation of “radially outer annular sidewall” “radially inner annular sidewall” and “radially inner and outer sidewalls” are interchangeably used. Please use the term consistently to avoid unnecessary confusion.
Claim 6 is objected because the limitation of “the outer periphery” and “a cylindrical outer periphery” in claim 1 are interchangeably used. Please use the term consistently to avoid unnecessary confusion.
Claim 27 is objected because the term “a filter element assembly of claim 21” should be “the [[a]] filter assembly of claim 21.”
Claim 37 is objected because the term “a filter element of claim 1” should be “the [[a]] filter element of claim 1.”
Appropriate correction is required.
Claim Rejections - 35 USC § 112(b)
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 6, 10, 14, 21–22, 27–28, 33 and 37–38 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 6 is indefinite because the limitation of “the periphery of the second aperture” lacks antecedent basis. an aperture could have inner and outer peripheral and therefore, periphery is not inherent.
Claim 10 is indefinite because the limitation of “the flow of fluid” lacks antecedent basis.
Claim 14 is indefinite because it is unclear if the recited ‘a central axis of axis” is the same as that recited in claim 10.
Claim 21 is indefinite because the term “substantially” is a relative term which renders the claim indefinite. The term "substantially" is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. MPEP 2173.05(b)(III)(D).
Claims 22, 27–28 and 33 are indefinite because they depend on claim 21.
Claim 37 is indefinite because the limitation of “the first filter element” lacks antecedent basis. Additionally, the limitation of “the first end of the first filter element” and “the second end of the first filter element” lack antecedent basis. Claim 37 depends on claim 1, and claim 1 recites “a tube of filter media extending between a first end and a second end”, and therefore the first and second end in claim 1 is referring to the “tube of filter media” rather than the “filter element”.
Claim 38 is indefinite because claim 38 depends on claim 37.
Claim Rejections - 35 USC § 102(a)(1)
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.
The claims are rejected as follows:
Claims 1–3, 5–6, 7 and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gunderson et al., US 2006/0162303 A1 (“Gunderson”).
Regarding claim 1:
Gunderson discloses that a filter element (Gunderson’s filter cartridge 10, Gunderson Fig. 1, [0016]) comprising: a tube of filter media (Gunderson’s filter media 12, Gunderson Fig. 1, [0016]) extending between a first end (Gunderson’s end proximate end cap 18, Gunderson Fig. 3, [0016]) and a second end (Gunderson’s end proximate end cap 16, Id.) defining a central cavity (Gunderson’s hollow interior 14, Id.), the tube of filter media having a cylindrical outer periphery (as shown in Gunderson Fig. 3);
a first end cap (Gunderson’s end cap 18, Id.) secured to the first end of the tube of filter media, the first end cap including a first aperture (where label 44 points in Gunderson’s Fig. 3) having a first diameter (diameter shown in Fig. 3);
a second end cap (Gunderson’s end cap 16, Gunderson Fig. 3, [0016]) secured to the second end of the tube of filter media, the second end cap including an attachment region (Gunderson’s integral radial flange 32, Gunderson’s Fig. 2, [0017]) adjacent the second end of the filter media and a first central hub (Gunderson’s square portion of grid segment 21, Gunderson Fig. 4, [0016]) positioned radially inward of the attachment region (as shown in Gunderson Fig. 4), the first central hub defining a second aperture (Gunderson’s grid segments 21, Gunderson’s Fig. 4, [0016]) having a second diameter (equivalent diameter of Gunderson’s ‘s square grid 21), the second diameter being smaller than the first diameter (as clearly shown in Gunderson’s Fig. 4).
Regarding claim 2:
Gunderson discloses that the filter element of claim 1, wherein at least one flow aperture (non-square portion of Gunderson’s grid 21, Gunderson Fig. 4) is formed through the second end cap radially between the first central hub and the attachment region.
Regarding claim 7:
Gunderson discloses that the filter element of claim 1, wherein the second end cap (16 of Gunderson) includes a connection region (see annotated Fig. 4 of Gunderson) connecting the attachment region to the first central hub.
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Regarding claim 3:
Gunderson discloses that the filter element of claim 7, wherein the connection region is at least one spoke extending radially between the first central hub and the attachment region, at least one flow aperture is formed through the connection region (Gunderson’s connection region comprising a plurality of spokes as best shown in Gunderson’s alternative embodiment of Fig. 7, where label 20a points read on the claimed at least one “spoke”, The filter element of claim 1, wherein the attachment region has a radially outer annular sidewall, a radially inner annular sidewall and a bottom wall extending radially therebetween, the second end of the tube of filter media axially received between the radially inner and outer sidewalls. Fig. 7, [0020]).
Regarding claim 5:
Gunderson discloses that the filter element of claim 1, wherein the attachment region has a radially outer annular sidewall (where label 16 points in Gunderson’s Fig. 1), a radially inner annular sidewall (Gunderson’s axial flange 34, Gunderson Fig. 1, [0017]) and a bottom wall (Gunderson’s radial flange 32, Gunderson Fig. 1, [0017]) extending radially therebetween, the second end of the tube of filter media axially received between the radially inner and outer sidewalls (as shown in Gunderson Fig. 1).
Regarding claim 6:
Gunderson discloses that the filter element of claim 1, wherein: the tube of filter media has an outer radius (radius of Gunderson’s outer perimeter 30, Gunderson Fig. 2, [0017]) defined by the outer periphery (Gunderson’s outer perimeter 30, Id.) and an inner radius (radius of Gunderson’s inner perimeter 28, Gunderson Fig. 2, [0017]) defined by an inner periphery (Gunderson’s inner perimeter 28, Id.), the tube of filter media having a filter media thickness defined between the outer radius and the inner radius (as shown in Gunderson’s Fig. 2), the periphery of the second aperture being spaced radially inward from the inner periphery of the tube of filter media a distance being at least 50% the filter media thickness at the second end (as shown in Fig 3, Gunderson’s square grid located at the center of end cap 16 is spaced apart at least 50% of the filter media thickness at the second end, Gunderson Fig. 3).
Regarding claim 10:
Gunderson discloses that the filter element of claim 1, wherein the second end cap includes at least one flow directing vane attaching the first central hub to the attachment region (Gunderson shows in an alternative embodiment, where end cap 16a comprising at least one flow directing vane— Gunderson’s guide vanes 54, Gunderson Fig. 6, [0020] attaching the first central hub— Gunderson’s central circular aperture as shown in Fig. 7 of Gunderson to the attachment region, where label 16a points in Gunderson’s Fig. 7); and
wherein the at least one flow directing vane (54 of Gunderson) is configured to impart an angular component about a central axis of the tube of filter media to the flow of fluid within the central cavity (Gunderson’s vane 54 is angular about a central axis of the tube of the filter, which aligns with axis 56, Gunderson Fig. 8, [0020]).
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.
The claims are rejected as follows:
Claims 14–15 are rejected under 35 U.S.C. 103 as being obvious over Gunderson in view of Gulliksen et al., WO 2020/171718 A1 (“Gulliksen”)1.
Regarding claim 14:
Gunderson discloses that the filter element of claim 10, wherein the tube of filter media (12 of Gunderson) defines a central axis extending axially between the first and second ends (18 and 16 of Gunderson, respectively), the at least one flow directing vane (54 of Gunderson) has a first vane end proximate the attachment region (end of Gunderson’s vane proximate Gunderson’s attachment region pointed by 16a, Gunderson Fig. 6).
Gunderson does not disclose a second vane end axially spaced from the first vane end towards the first end of the tube of filter media, the first and second vane ends being angularly offset from one another about the central axis.
In the analogous art of filter elements, Gulliksen discloses a filter element (as shown in Gulliksen’s Fig. 4A) comprising a second end cap (Gulliksen’s end cap 41, Gulliksen Figs. 4A and 4G, [67]) comprising an attachment region (Gulliksen’s region on end cap 41 accommodating shaft 45, Gulliksen Fig. 4G, [67]) adjacent the second end of the filter media and a first central hub (Gulliksen’s shaft 45, Gulliksen Fig. 4G, [67]). Gulliksen discloses that the second end cap comprising at least one flow directing vanes (Gulliksen’s fan blade of its radial fan 40, 40’, Gulliksen Fig. 4A, [67]) attaching to the first central hub (45 of Gulliksen) to the attachment region. Gulliksen’s flow directing vane (40, 40’ of Gulliksen) imparts an angular component about a central axis of the tube of the filter media with the central cavity (Gulliksen Fig. 4H). Gulliksen discloses its flow directing vane has a first vane end proximate the attachment region (the end of Gulliksen’s fan blade of its fan 40, 40’ proximate Gulliksen’s end cap 41, Gulliksen Figs. 4A and 4G) and a second vane end (the end of Gulliksen’s fan blade of its fan 40, 40’ proximate Gulliksen’s fan blade of its fan’s end cap 41’, Gulliksen Figs. 4A and 4G) axially spaced apart form the first vane end (as shown in Gulliksen Figs. 4A and 4D) towards its first end of the tube of filter media (Gulliksen’s bottom end is the first end of its filter media 2, Gulliksen Figs. 4A). Gulliksen also discloses its first and second vane end being angularly offset from one another about central axis of its filter medium (Gulliksen Fig. 4D). Gulliksen discloses its fan improves suction effect and the overall flow rate, Gulliksen Fig. 4, [27]. It would therefore have been obvious for one ordinary skill in the art at the time of filing to include Gulliksen’s fan design in Gunderson for the benefits disclosed. With such modification, modified Gunderson would read on the claim.
Regarding Claim 15:
As discussed in claim 14, it would have been obvious for one ordinary skill in the art at the time of filing to include Gulliksen’s fan design in Gunderson for the benefits disclosed. With such modification, modified Gunderson would disclose that the filter element of claim 10,
wherein the at least one flow directing vane (fan blade of Gulliksen’s fan 40, 40’, Gulliksen Fig. 4D) extends axially towards the first end cap (as shown in Fig. 4D of Gulliksen), the at least one flow directing vane has a radially inner edge that tapers radially outward when moving axially towards the first end cap (bottom part of Gulliksen’s fan blade of its fan 40’ has a radial inner edge tapers radially outwardly when moving axially towards the first end cap, Gulliksen Fig. 4A).
Claims 21–22, 27–28, 33, 37–38 are rejected under 35 U.S.C. 103 as being obvious over Warth et al., US 2004/0103626 A1 (“Warth”) in view of Gunderson.
Regarding claim 21:
Warth discloses that a filter element assembly (Warth’s filter assembly 32, Warth Fig. 2, [00149]) comprising:
a first filter element (Warth’s first filter element 36, Warth Fig. 2, [0020]); and
a conical filter element (Warth’s conical filter 38, Warth Fig. 2, [0020]) in axial alignment with the first filter element (as shown in Warth’s Fig. 2), the conical filter element comprising:
a conical section of filter media (Warth’s media 42, Warth Fig. 2, [0021]) extending between a third end (proximate end cap 68, Warth Fig. 2, [0023]) and a fourth end (proximate Warth’s end cap 66, Warth Fig. 2, [0023]), the conical section of filter media (42 of Warth ) defining a second central cavity (Warth’s clean air volume 48, Warth Fig. 2, [0021]), the second central cavity in fluid communication with the first central cavity of the first filter element (Warth’s interior of filter 38 and 36 are in fluid communication with each other because Warth discloses its first end cap 62, 66 has an aperture, Warth Fig. 2, [0057]), the third end having an outer diameter that is greater than an outer diameter of the fourth end (as shown in Fig. 2, Warth’s third end proximate end cap 68 is larger than Warth’s fourth end proximate end cap 66), the second end (Warth’s end 52, Warth Fig. 2, [0023]) of the tube of filter media of the first filter element (36 of Warth, Warth Fig. 2, [0024]) having an outer diameter that is substantially equal to the outer diameter of the third end of the conical section of filter media of the conical filter element (as shown in Warth Fig. 2).
Warth does not disclose the first filter element is according to claim 1.
However, Warth discloses its filter is configured to use in internal combustion engine, Warth [0003]. Additionally, Gunderson discloses that its filter is also used in internal combustion engines, Gunderson [0002]. Gunderson further discloses its filter comprising quarter wave resonators, Gunderson [0002]. It would therefore have been obvious for one ordinary skill in the art at the time of filing to replace Warth’s first filter with Gunderson’s filter to address the demand of sound attenuation in internal combustion engine.
Regarding claim 22:
Modified Warth discloses that the filter element assembly of claim 21, wherein: the conical filter element includes a third end cap (Warth’s end cap 68, Warth Fig. 2, [0023]) secured to the third end of the conical section of filter media (as shown in Warth Fig. 2); the third end cap (68 of Warth) having a fourth aperture having a fourth diameter (as shown in Warth Fig. 2), the fourth diameter being greater than the second diameter (as shown in Warth Fig. 2).
Regarding claim 27:
Modified Warth discloses that a filter system (Warth’s system 10, Warth Fig. 1, [0052]) comprising:
a filter element assembly of claim 21 (see mapping in claim 21);
a tube sheet (Warth’s tube sheet 28, Warth Fig. 2, [0049]) defining a flow aperture (Warth’s aperture 30, Warth Fig. 2, [0019]);
a mounting yoke (Warth’s yoke assembly 84, Warth Fig. 2, [0028]) including a first leg and a second leg (Warth’s yoke assembly 84 comprising a frame 86, which has three legs 92, one reads on the claimed “first leg” and the other reads on “second leg”, Warth Fig. 2, [0028]), each leg having a first end and a second end (as shown in Fig. 2, top and bottom end of legs 92), the first end being proximate to the tube sheet (top end proximate Warth’s tube sheet 30, Warth Fig. 2) and being in spaced relation to one another (as shown in Warth Fig. 2), the second end of the first leg being proximate to the second end of the second leg (as shown in Warth Fig. 2), the first and second legs tapering towards one another when moving away from the tube sheet towards the second ends (as shown in Fig. 2 of Warth);
wherein the first central hub is sized to locate the second end cap of the first filter element relative to the first and second legs when the filter element assembly is mounted to the mounting yoke (as discussed in claim 21, Warth’s first filter 36 will be replaced by Gunderson’s filter 10 for a cost effective sound attenuation effect, and Gunderson’s first central hub—for example Gunderson’s conical profile 58 would necessarily have to retrofit to be sized to locate the second end cap of the first filter element relative to the first and second leges when the filter assembly is mounted to the mounting yoke 84 for Warth’s filter assembly 32 to connect to Warth’s tube sheet 28, Warth Fig. 2).
Regarding claim 28:
Modified Warth discloses that the filter system of claim 27, wherein the conical filter element has a fourth end cap (Warth’s end cap 66, Warth Fig. 2, [0026]) secured to the fourth end thereof (as shown in Warth Fig. 2).
Modified Warth does not disclose that the fourth end cap (66 of Warth) having an imperforate region closing the fourth end of the conical section of filter media, the imperforate region having a mounting hole extending therethrough, a mounting shank of the mounting yoke extending through the mounting hole; further comprising a fastener attached to the mounting shank axially securing the filter element assembly to the mounting yoke and into axial abutment with the tube sheet with the first aperture of the first end cap of the filter element in fluid communication with the flow aperture of the tube sheet.
However, Warth discloses that each of its first and second filter 36, 38 could be can be a variety of shapes including oval, obround, race track shape, and frusto-conical, Warth Fig. 3, [0025]. It would therefore have been obvious for one ordinary skill in the art at the time of filing to modify Warth’s second filter 38 to be frusto-conical shaped and Warth’s first filter to be cylindrical shaped because Warth teaches its first and second filter could have various shapes. Additionally, such modification would still maintain a larger clean air volume for the filter element proximate tube sheet 28. Such modification essentially switches positions for modified Warth’s filter 38 and Gunderson’s filter 10. A person of ordinary skill in the art would be motivated to switch the positions of modified Warth’s filters because Gunderson’s filter 10’s end cap performing the function of a silencer, and a person of ordinary skill in the art would not wanted to cover its end cap. With such modification, modified Warth’s fourth end cap 66 would be at the position of Warth’s end cap 64 as shown in Warth Fig. 3, which would be covered by Warth’s cover 90, Warth Fig. 3, [0041]. And modified Warth’s fourth end cap 66 would have the claimed limitation of an imperforate region (where label 170 points in Warth Fig. 3) closing the fourth end of the conical section of filter media (as shown in Warth Fig. 3), the imperforate region having a mounting hole (Warth’s through hole 102, Warth Fig. 3, [0029]) extending therethrough, a mounting shank (Warth’s bolt 94, Warth Fig. 3, [0028]) of the mounting yoke extending through the mounting hole (as shown in Warth Fig. 3); further comprising a fastener (Warth’s wingnut 104, Warth Fig. 3, [0029]) attached to the mounting shank axially securing the filter element assembly to the mounting yoke and into axial abutment with the tube sheet with the first aperture of the first end cap of the filter element in fluid communication with the flow aperture of the tube sheet (as shown in Warth Fig. 2, [0029]).
Regarding claim 33:
Modified Warth discloses that the filter system of claim 27, wherein the mounting yoke is a tripod including a third leg having first and second ends (as clearly shown in Warth Fig. 2), the first end being secured to the tube sheet in spaced relation to the first ends of the first and second legs and the second end being secured to the second ends of the first and second legs (as clearly shown in Warth Fig. 2);
wherein the first central hub is sized to locate the second end cap of the first filter element relative to the first, second and third legs when the filter element assembly is mounted to the mounting yoke (the first central hub of Gunderson would necessarily be sized to locate the second end cap of the first filter element 10 of Gunderson relative to the first, second and third leges when the filter element assembly to be mounted to the mounting to ensure to modified system work properly).
Regarding claim 37:
Warth discloses a method of installing a filter element assembly (Warth’s air filter 32, Warth Fig. 2, [0019]) to a tube sheet (Warth’s tube sheet 28, Warth Fig. 2, [0019]) defining a flow aperture (Warth’s aperture 30, Warth Fig. 2, [0019]) and having a mounting yoke (Warth’s yoke assembly 24, Warth Fig. 2, [0028]) extending outward from the tube sheet (as shown in Fig. 2 of Warth), the mounting yoke (84 of Warth) including a first leg and a second leg (any two legs of Warth’s legs 92, Warth Fig. 2, [0028]), each leg having a first end proximate the tube sheet in spaced relation to one another and a second end, the second ends of the first and second legs being proximate one another such that the first and second legs taper towards each other when moving away from the tube sheet towards the second ends (as clearly shown in Warth Fig. 2), the method comprising:
mounting a filter element of claim 1 (as modified in claim 27, Warth’s filter 36 replaced by Gunderson’s filter 10 for sound attenuation) to the mounting yoke with the first central hub being located on the mounting yoke (Gunderson’s first central hub would necessarily locate on Warth’s mounting yoke 84 because Warth’s mounting yoke passthrough the center section of all of the end caps, and Gunderson’s central hub located at the center section of the end cap, Warth Fig. 2, and Gunderson Fig. 3) with the first end of the first filter element axially between the tube sheet and the second end of the first filter element (Warth discloses its first filter element 36 is reversible, and therefore one of the configuration would allow the first end of the first filter element to be axially located between the tube sheet and the second end of the first filter element, Warth Fig. 2, [0049]); and after mounting the first filter element, mounting a conical filter element to the mounting yoke and axially abutting the conical filter element against the second end cap of the first filter element (as discussed in claim 28, Warth’s conical filter 38 could switch position with Warth’s filter 36 such that Gunderson’s conical profile 58 does not interfere with Warth’s cover 90, and such modification would result in a conical filter mounted to the first filter element after the first filter element has been mounted).
Regarding claim 38:
Modified Warth discloses that the method of claim 37, further comprising:
axially compressing a first seal (Warth’s seal 196, Warth Fig. 2, [0043]) between the first end cap of the filter element and the tube sheet (as shown in Fig. 2 of Warth); and
axially compressing a second seal (Warth’s second seal 145, Warth Fig. 2, [0045]) between the second end cap of the filter element and a third end cap of the conical filter element.
securing the first filter element and the conical filter element to the mounting yoke using a fastener (Warth’s wing nut 104, Warth Fig. 2, [0029]), the fastener providing the axial compression (as shown in Warth Fig. 2).
Claim Rejections - 35 USC § 102(a)(1)
This set of rejection is relied upon to rejection claim 8.
The claims are rejected as follows:
Claims 1 and 7–8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Derstler et al., US 2011/0146490 A1 (“Derstler”).
Regarding claim 1:
Derstler discloses that a filter element (Derstler’s filter element 10, Derstler Fig. 2, [0027]) comprising:
a tube of filter media (Derstler’s filter media 36, Derstler Fig. 2, [0030]) extending between a first end (proximate end cap 40, Derstler Fig. 2, [0031]) and a second end (proximate end cap 39, Derstler Fig. 2, [0030]) defining a central cavity (Derstler’s interior surrounded by Derstler’s expanded metal liner 42, Derstler Fig. 2, [0030]) , the tube of filter media having a cylindrical outer periphery (as shown in Derstler Fig. 2, [0005]);
a first end cap (Derstler’s end cap 40, Derstler Fig. 2, [0030]) secured to the first end of the tube of filter media, the first end cap including a first aperture having a first diameter (Derstler’s larger inner diameter opening 44, Derstler Fig. 2, [0031]);
a second end cap (Derstler’s end cap 38, Derstler Fig. 2, [0030]) secured to the second end of the tube of filter media, the second end cap including an attachment region (where label 38 points in Fig. 2 of Derstler) adjacent the second end of the filter media and a first central hub (see annotated Fig. 2 of Derstler below) positioned radially inward of the attachment region (see annotated Fig. 2 of Derstler), the first central hub defining a second aperture having a second diameter, the second diameter being smaller than the first diameter (as clearly shown in Derstler Fig. 2).
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Regarding claim 7:
Derstler discloses that the filter element of claim 1, wherein the second end cap includes a connection region connecting the attachment region to the first central hub (see annotated Fig.2 of Derstler in claim 1).
Regarding claim 8:
Derstler discloses that the filter element of claim 7, wherein the connection region is provided by a nozzle (as shown in annotated Fig. 2 in claim 8, the connection region has the shape of a nozzle, Derstler Fig. 2) that extends axially towards the first end (see annotated Fig. 2 in claim 1), an outlet end of the nozzle provides the second aperture (see annotated Fig. 2 in claim 1), the outlet end being positioned axially between the first and second ends of the tube of filter media see annotated Fig. 2 in claim 1); and wherein the nozzle includes a curved surface extending between the attachment region and the first central hub (Derstler’s nozzle is cone shape, which has a curve surface extending between the attachment region and the first central hub, Derstler annotated Fig. 2), the curved surface extending radially inward and axially toward the first end of the tube of filter media when moving from the attachment region to the first central hub such that the nozzle reduces in diameter when moving from the attachment region towards the first central hub (as clearly shown in Derstler’s annotated Fig. 2).
Allowable Subject Matter
Claim 12 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 12:
None of the prior art discussed above teaches that the filter element of claim 10, further including a second central hub, the second central hub being spaced axially from the first central hub away from the first end of the tube of filter media, the second central hub having a third central aperture having a third diameter, the third diameter being less than the first and second diameters.
It would not have been obvious for one ordinary skill in the art at the time of filing to modify any of the prior art above for such limitation due to lack of teaching from prior art.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to QIANPING HE whose telephone number is (571)272-8385. The examiner can normally be reached on 7:30-5:00 M-F.
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/Qianping He/Examiner, Art Unit 1776
1 Gulliksen is the 126-page FOR dated Mar. 06, 2024.
Prosecution Insights