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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 7, 8, 10, and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent Application Publication No. 2019/0308123 to Neef et al. (hereinafter referred to as Neef).
In regard to claim 1, as shown in figures 1, 3, and 4, Neef discloses a filter (5). The term “coalescing” in the preamble does not provide any specific structure to the filter. The filter (5) includes a filter media (6) with a central core positioned within the filter media defining a central cavity. The filter (5) includes a first end cap (10) having a support part (24). The support part (24) can be considered to form a coupling assembly attached to and extending outward from the first end cap (10), and is considered to be capable of coupling with a housing to position the filter within the housing. A second end cap (9) is positioned opposing the first end cap (10).
In regard to claim 7, the second end cap (9) has an aperture (11) that forms an inlet port to the central cavity. The aperture (11) is shown to have a non-circular shape.
In regard to claim 8, the aperture (11) includes all of the required structural features and is considered to be capable of receiving a correspondingly non-circular shaped projecting feature of a housing, wherein when the projecting feature when received in the aperture can constrain a rotation of the filter relative to the housing.
In regard to claim 10, as shown in figures 1, 3, and 4, Neef discloses a filter (5). The term “coalescing” in the preamble does not provide any specific structure to the filter. The filter (5) includes a filter media (6) with a central core positioned within the filter media defining a central cavity. The filter (5) includes a first end cap (10) and a second end cap (9) opposing the first end cap. The second end cap (9) has an aperture (11) that forms an inlet port to the central cavity. The aperture (11) is shown to have a non-circular shape. The aperture (11) is further considered to be capable of receiving a correspondingly shaped projecting feature of a housing that receives the filter.
In regard to claim 11, as discussed above, Neef further includes a coupling assembly (24) attached to an extending outward from the first end cap (10). The coupling assembly (24) is capable of coupling with a cover of a housing to position the filter within the housing.
Claims 1, 2, 4 – 6, 9, and 14 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US Patent No. 12,134,065 to Ehrenberg et al. (hereinafter referred to as Ehrenberg).
In regard to claim 1, as best shown in figures 7 – 9, Ehrenberg discloses a filter (20). The term “coalescing” in the preamble does not provide any specific structure to the filter. The filter (20) includes a filter media (35) with a central core defining a central cavity. The central core is shown to be positioned within the filter media. A first end cap (29) includes a handle (30) that forms a coupling assembly attached to and extending outward from the first end cap (29). The coupling assembly (30) is considered to be capable of coupling with a housing to position the filter within the housing. A second end cap (22) is positioned opposing the first end cap (29).
In regard to claim 2, the flat part of the handle having the opening (31) can be considered to form a grommet, as broadly recited in the claim. The opening (31) forms a thru-hole capable of receiving a projection of a housing. The angles ends of the handle form a plurality of arms coupled to the grommet and the first end cap (29). The plurality of arms are shown to be in a spaced relationship and to extend outward and downward from the grommet to the first end cap (29) such that the grommet is spaced from the first end cap.
In regard to claim 4, the plurality of arms extend from each end of the grommet and can be considered to be spaced around a centerline axis of the filter. Further, the plurality of arms are considered to be capable of providing for multiple flow paths of a blow-by gas through an outlet manifold of a housing.
In regard to claims 5, 6, and 14, as discussed above, the coupling assembly in Ehrenberg is a handle (30) and can be used for insertion and removal of the filter from a housing. The coupling assembly (30) in Ehrenberg includes all of the required structural features and is considered to be capable of engaging a housing to constrain a radial movement of the filter relative to a centerline axis of the housing during operation.
In regard to claim 9, the first end cap (29) is shown to include a pocket on an upper surface that faces the coupling assembly (30).
Claims 15 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent Application Publication No. 2016/0101380 to Pereira Madeira (hereinafter referred to as Pereira Madeira).
In regard to claim 15, Pereira Madeira discloses a device (10) as shown in the figures. The device is capable of being used for filtering oil mist from blow-by gas. The device includes a housing (14) forming an inner cavity. As discussed in paragraph [0058], the housing can be flown through in either direction. Thus, the outlet (22) can be considered to also form an inlet manifold. The installation opening (16) can be considered to form an outlet manifold. The cover (20) is removable and attachable to the housing and partially encloses the outlet manifold (16). Pereira Madeira includes a filter (18) that is insertable and removable form the inner cavity. The term “coalescing” in the preamble does not provide any specific structure to the filter. The filter (18) of Pereira Madeira is considered to be capable of acting as a coalescing filter. The filter (18) includes a filter media (64), a central core defining a central cavity (72) that is positioned within the filter media, a first end cap (74), and a second end cap (50). The support element (78) forms a coupling assembly positioned within the outlet manifold, attached to and extending outward from the first end cap (74). The coupling assembly (78) receives a projection (42) of the cover (20) and is configured to position the filter (18) within the housing (14).
In regard to claim 20, the second end cap (50) has an aperture (70) that can form and inlet port to the central cavity. The aperture (70) is shown to have a non-circular shape. The inlet manifold can be considered to have a correspondingly shaped projecting feature that is received by the aperture (70) in order for the radial seal (36) to be formed. The non-circular shape of the aperture (70) and the projecting feature can be considered to constrain a rotation of the filter relative to the housing.
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.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Ehrenberg.
Ehrenberg is discussed above in section 4. Ehrenberg shows the arms of the coupling assembly (30) to be straight. Ehrenberg does not disclose the arms to include a first arcuately curved portion and a second arcuately curved portion, wherein the first arcuately curved portion is attached to the grommet and the second arcuately curved portion is attached to the first end cap, wherein the first arcuately curved portion is spaced from the second arcuately curved portion by an intermediate portion, and wherein the first arcuately curved portion has a first radius of curvature in a first direction and the second arcuately curved portion has a second radius of curvature in a second direction. This is merely a change in shape of the arms. There is no evidence the arms would function differently with a curved rather than a straight shape.
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the arms to have a shape including a first arcuately curved portion and a second arcuately curved portion, wherein the first arcuately curved portion is attached to the grommet and the second arcuately curved portion is attached to the first end cap, wherein the first arcuately curved portion is spaced from the second arcuately curved portion by an intermediate portion, and wherein the first arcuately curved portion has a first radius of curvature in a first direction and the second arcuately curved portion has a second radius of curvature in a second direction as it has been held that a particular shape of a structural feature or object is matter of design choice which a person of ordinary skill in the art would find obvious absent persuasive evidence that the particular shape is significant, see In re Dailey, 149 USPQ 47.
Claims 12 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Neef in view of Ehrenberg.
Neef is discussed above in section 3. Neef includes a support part (24) that is considered to form the coupling assembly. Neef does not disclose the coupling assembly having a grommet and a plurality of arms. As discussed above, Ehrenberg discloses a handle (30) that forms a coupling assembly having the features described in claims 12 and 13 of the present application. The handle of Ehrenberg includes an opening (31) and can function similarly to the support part (24) of Neef to receive a projection and support the filter.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the support part of Neef with a handle having the grommet and plurality of arms of Ehrenberg as both can function similarly as coupling assemblies.
Claims 16 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Pereira Madeira in view of Ehrenberg.
Pereira Madeira is discussed above in section 5. Pereira Madeira includes a support element (78) that forms the coupling assembly. Pereira Madeira does not disclose a coupling assembly formed as a handle having the plurality of arms and grommet as recited in claims 16 and 17. As discussed above, Ehrenberg discloses a handle (30) that forms a coupling assembly having the features described in claims 16 and 17 of the present application. The handle of Ehrenberg includes an opening (31) and can function similarly to the support element (78) of Pereira Madeira to receive a projection of the cover and support the filter.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the support element of Pereira Madeira with a handle having the grommet and plurality of arms of Ehrenberg as both can function similarly as coupling assemblies.
Allowable Subject Matter
Claims 18 and 19 are 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:
In regard to claim 18, there is no teaching or suggestion in Pereira Madeira or Ehrenberg for the cover tov include a projection that forms a receptacle to receive a spring and plunger, wherein the plunger is configured to engage the first end cap of the filter, and wherein the spring and plunger constrain an axial movement of the filter within the inner cavity of the housing. Claim 19 depends from claim 18 and would be allowable for at least the same reason as claim 18.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Other prior art references listed on the PTO-892 (Notice of References Cited) are considered to be of interest disclosing similar filter devices.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Robert Clemente whose telephone number is (571)272-1476. The examiner can normally be reached M-F 9-5.
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/ROBERT CLEMENTE/Primary Examiner, Art Unit 1773