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 Objections
Claim 12 is objected to because of the following informalities: Claim 12 recites “and is includes trap openings” but should read something similar to “and includes trap openings.” Appropriate correction is required.
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) 1-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Phillips (US 6,183,633).
Regarding claim 1, Philips teaches an apparatus comprising a fluid passageway including a first passageway portion (6) having a first cross-section, and a second passageway portion having a second cross-section (rectangular), the second passageway portion adjoining the first passageway portion and being downstream of the first passageway portion with respect to the direction of fluid flow through the fluid passageway; and a settlement filter that is disposed in the fluid passageway, the settlement filter comprising a transition from the first passageway portion to the second passageway portion and being configured to receive and retain particles therein, wherein the first cross-section and the second-cross section are perpendicular to a direction of fluid flow through the fluid passageway, and the transition is a result of the first cross-section having a first shape, the second cross-section having a second shape, and the first shape being different than the second shape (Fig. 30, C1/L60-64, and C8/L40-62).
Regarding claim 2, Phillips teaches the first cross section area is smaller than the second cross section area (Fig. 30).
Regarding claim 3, Phillips teaches that the first cross section is circular (pipe portion shown in Fig. 6, 16, 24) and the second cross section is rectangular (C1/L60-64).
Regarding claim 4, as can be seen in Fig. 30 the floor portion of the first and second passageways are flush one with another.
Regarding claim 5, it is noted that the claims are directed to an apparatus and only the claimed elements are given patentable weight. How the apparatus is oriented to unclaimed elements is not given patentable weight. Phillips teaches all claimed structural limitations and the device is capable of being oriented at an angle to unclaimed elements or perspectives and therefore meets the claim limitations. "[A]pparatus claims cover what a device is, not what a device does." Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (emphasis in original). A claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987) (The preamble of claim 1 recited that the apparatus was "for mixing flowing developer material" and the body of the claim recited "means for mixing ..., said mixing means being stationary and completely submerged in the developer material." The claim was rejected over a reference which taught all the structural limitations of the claim for the intended use of mixing flowing developer. However, the mixer was only partially submerged in the developer material. The Board held that the amount of submersion is immaterial to the structure of the mixer and thus the claim was properly rejected.).
Regarding claims 6-7, it is submitted that the rectangular structure would include corners as claimed.
Regarding claims 8-10, Phillips teaches that the fluid passageway is part of a housing and includes trap openings (132) along the floor thereof and a vacancy (22) below the trap openings (Fig. 30).
Regarding claim 11, Philips teaches an apparatus comprising a fluid passageway including a first passageway portion (6) having a first cross-section, and a second passageway portion (rectangular portion) having a second cross-section, the second passageway portion adjoining the first passageway portion and being downstream of the first passageway portion with respect to the direction of fluid flow through the fluid passageway; and a settlement filter that is disposed in the fluid passageway, the settlement filter comprising a transition from the first passageway portion to the second passageway portion and being configured to receive and retain particles therein, wherein the first cross-section and the second-cross section are perpendicular to a direction of fluid flow through the fluid passageway, the first cross-section is different from the second cross section in shape or dimension (circular and rectangular), the difference in the first cross-section and the second cross section defining the transition, the fluid passageway defines a floor corresponding to the lowermost portion of the fluid passageway with respect to the direction of gravity of the earth, the settlement filter comprises a sieve/openings (132) disposed in the floor of the second passageway portion, and the sieve is configured to allow passage of particles therethrough under force of gravity (Fig. 30, C1/L60-64, and C8/L40-62).
Regarding claims 12-14, Phillips teaches the sieve is comprised of trap openings (132) and the settlement filter includes a trap housing (22) that receives the particles passed through the trap openings.
Regarding claims 15-16, , Phillips teaches that the first cross section is circular (pipe portion shown in Fig. 6, 16, 24) and the second cross section is rectangular (C1/L60-64).
Regarding claim 17, as can be seen in Fig. 30 the floor portion of the first and second passageways are flush one with another.
Regarding claim 18, see claim 5 above for analysis on how the limitation is directed to orientation/perspective/relation to unclaimed elements and the Phillips apparatus is capable of being oriented as claimed.
Regarding claim 19, Phillips teaches a housing that would include the inner passageway (Fig. 30).
Conclusion
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/PETER KEYWORTH/Primary Examiner, Art Unit 1777