DETAILED ACTION
For this Office action, Claims 1-27 are pending.
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, see Applicant Arguments/Remarks Made in an Amendment, filed 04 May 2026, with respect to the grounds of rejection of Claims 1-27 under 35 U.S.C. 102(a)(1) over Xiao, CN1122065656, have been fully considered and are persuasive. The grounds of rejection have been withdrawn. Applicant has amended independent Claim 1 (upon which the remaining claims are dependent) to further recite an outer flange closely contacted with the sidewall. Applicant further argues that the cited prior art does not disclose this limitation. The examiner agrees after further consideration, and the grounds of rejection are hereby withdrawn. However, further search and consideration yields new grounds of rejection under 35 U.S.C. 103 with a secondary reference that addresses this limitation. Since the arguments do not address these new grounds of rejection, they are considered moot and will not be further addressed at this time.
Applicant further argues that Xiao fails to teach two other limitations, that the chamber does not communicate with an interior of the filter bottle and that the chamber communicates with an exterior via an air gap for air exchange. Examiner respectfully disagrees on both of these points. While the water flow channel seen in Figure 2 and mentioned by applicant (Pages 14-16 of arguments, in particular) flows through the chamber, the chamber itself that contains said channel is not. The chamber surrounding the channel reads on the claim. Furthermore, the end cover 37 indicates an air gap for air exchange, as when the cap is removed there is an air gap that reads on the claim. For these reasons, the grounds of rejection are maintained in view of the arguments.
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.
Claims 1-27 are rejected under 35 U.S.C. 103 as being unpatentable over Xiao, CN1122065656, in view of Chau, US Pat Pub. 2005/02352844.
Regarding instant Claim 1, Xiao discloses a buffering device for a filter bottle (Abstract; filter core seat for automatically sealing water), the buffering device disposed on a body of the filter bottle (Figure 1; Paragraph [0033]; see filter bottle 2 with filter core seat 3, wherein said filter core seat serves as valve seat 31 disposed on body of filter bottle 2) and comprising:
a sidewall (Figure 1; Paragraph [0033]; see side wall of filter core 3);
a top being moveable up and down sidewall of the buffering device (Abstract; Figure 1; Figure 5; Paragraphs [0033]-[0035]; filter core seat 3 moves up and down via compression springs 16 and 34 along with seat/sealing pad 15);
a bottom (Figure 1; Paragraph [0033]; bottom of filter core 3); and
a chamber formed between the sidewall, the bottom and the top of the buffering device without communicating with the interior of the filter bottle, and communicating with an exterior via an air gap for air exchange (Figure 1; Figure 2; Paragraph [0033]; see entire chamber/system in Figure 2; also end cover 37 seals air gap that is otherwise provided [see insertion, implying cover is opened for maintenance or manufacture).
However, the reference is silent on the top having an outer flange closely contacted with the sidewall.
Chau discloses a water treatment unit for bottle or pitcher in the same field of endeavor as the instant application, as it solves the mutual problem of filtering bottled water (Abstract; Paragraphs [0028]-[0029]). Chau further discloses an outer flange in close contact with a sidewall of a top that further secures the top to the bottle (Figure 5; Paragraph [0062]; see that the flange is grasped between the cover and the top of the bottle opening 148).
It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the top and sidewall of Xiao to further comprise the outer flange closely contacted with the sidewall as taught by Chau because Chau discloses such a flange secures the top to the bottle (Chau, Figure 5; Paragraph [0062]).
Regarding instant Claim 2, Claim 1, upon which Claim 2 is dependent, has been rejected above. Xiao further discloses wherein the buffering device has an elastic element in a middle of the chamber; and
the elastic element has two ends respectively abutted against the top and the bottom of the buffering device (Figure 1; Figure 2; Paragraph [0033]; first compression spring 16; see first and third sealing pads 15 and 37).
Regarding instant Claim 3, Claim 2, upon which Claim 3 is dependent, has been rejected above. Xiao further discloses wherein the buffering device has a middle column in a middle of the chamber (Figure 1; Figure 2; Paragraphs [0033]-[0035]; see valve core 12);
the middle column is rigidly connected to the top of the buffering device (Figure 1; Figure 2; Figure 5; Paragraph [0033]; top of valve seat 31 is clamped to filter bottle 2, thusly core 12 is rigidly fixed); and
a reciprocating relative motion is formed between the middle column and the bottom of the buffering deice (Figure 1; Figure 2; Paragraph [0033]; first compression spring 16 provides motion).
Regarding instant Claim 4, Claim 3, upon which Claim 4 is dependent, has been rejected above. Xiao further discloses wherein the buffering device has a through hole disposed on the bottom of the buffering device (Figure 1; Figure 2; Paragraph [0033]; end cover 37 seals air gap/through hole);
the middle column is inserted through the through hole (Paragraph [0033]; see insertable direction with respect to the end cover 37); and
the air gap is formed between the middle column and the through hole (Figure 1; Figure 2; Paragraph [0033]; see location of end cover 37).
Regarding instant Claim 5, Claim 4, upon which Claim 5 is dependent, has been rejected above. Xiao further discloses wherein the buffering device has
an elastic element disposed in the middle of the chamber (Figure 1; Figure 1; Paragraph [0033]; first compression spring 16); and
a protruding mount disposed on the bottom for positioning the elastic element (Figure 2; Paragraph [0033]; protruding mount in third sealing pad 36 and second compression spring 34 leading to end cover 37); and
the through hole is disposed on the protruding mount (Figure 2; Figure 5; Paragraph [0033]; see location of end cover 37).
Regarding instant Claim 6, Claim 2, upon which Claim 6 is dependent, has been rejected above. Xiao further discloses wherein the elastic element is a spring (Figure 1; Figure 1; Paragraph [0033]; first compression spring 16).
Regarding instant Claim 7, Claim 5, upon which Claim 7 is dependent, has been rejected above. Xiao further discloses wherein the elastic element is a spring (Figure 1; Figure 1; Paragraph [0033]; first compression spring 16).
Regarding instant Claim 8, Claim 1, upon which Claim 8 is dependent, has been rejected above. Xiao further discloses wherein the top of the buffering device is a piston (Abstract; Figure 1; Figure 5; Paragraphs [0033]-[0035]; filter core seat 3 moves as a piston with compression springs 16 and 34); and
the piston is disposed above the chamber and has an outer flange closely contacted with the sidewall of the buffering device (Figure 1; Figure 2; Figure 5; Paragraphs [0033]-[0035]; filter cover core 13 serves as outer flange).
Regarding instant Claim 9, Claim 8, upon which Claim 9 is dependent, has been rejected above. Xiao further discloses wherein the buffering device has a sealing assembly disposed at a contacting position between the piston and the sidewall of the buffering device (Abstract; Figure 2; Paragraphs [0033]-[0035]; seal at least formed at filter cover core as seen in Figure 2).
Regarding instant Claim 10, Claim 1, upon which Claim 10 is dependent, has been rejected above. Xiao further discloses wherein
a volume of the chamber in the buffering device is calculated based on a volume of the filter bottle (Figure 1; shape and configuration of device, which would include volumes, is considered in Figure 1 at least for handling purposes); and
the buffering device is configured to be in contact with a liquid inside the filter bottle (Abstract; Figure 1; Figure 2; Figure 5; Paragraph [0033]; see inlet/outlet 33/34; filter bottle 2 for filtration).
Regarding instant Claim 11, Claim 2, upon which Claim 11 is dependent, has been rejected above. Xiao further discloses wherein
a volume of the chamber in the buffering device is calculated based on a volume of the filter bottle (Figure 1; shape and configuration of device, which would include volumes, is considered in Figure 1 at least for handling purposes); and
the buffering device is configured to be in contact with a liquid inside the filter bottle (Abstract; Figure 1; Figure 2; Figure 5; Paragraph [0033]; see inlet/outlet 33/34; filter bottle 2 for filtration).
Regarding instant Claim 12, Claim 3, upon which Claim 12 is dependent, has been rejected above. Xiao further discloses wherein
a volume of the chamber in the buffering device is calculated based on a volume of the filter bottle (Figure 1; shape and configuration of device, which would include volumes, is considered in Figure 1 at least for handling purposes); and
the buffering device is configured to be in contact with a liquid inside the filter bottle (Abstract; Figure 1; Figure 2; Figure 5; Paragraph [0033]; see inlet/outlet 33/34; filter bottle 2 for filtration).
Regarding instant Claim 13, Claim 4, upon which Claim 13 is dependent, has been rejected above. Xiao further discloses wherein
a volume of the chamber in the buffering device is calculated based on a volume of the filter bottle (Figure 1; shape and configuration of device, which would include volumes, is considered in Figure 1 at least for handling purposes); and
the buffering device is configured to be in contact with a liquid inside the filter bottle (Abstract; Figure 1; Figure 2; Figure 5; Paragraph [0033]; see inlet/outlet 33/34; filter bottle 2 for filtration).
Regarding instant Claim 14, Claim 5, upon which Claim 14 is dependent, has been rejected above. Xiao further discloses wherein
a volume of the chamber in the buffering device is calculated based on a volume of the filter bottle (Figure 1; shape and configuration of device, which would include volumes, is considered in Figure 1 at least for handling purposes); and
the buffering device is configured to be in contact with a liquid inside the filter bottle (Abstract; Figure 1; Figure 2; Figure 5; Paragraph [0033]; see inlet/outlet 33/34; filter bottle 2 for filtration).
Regarding instant Claim 15, Claim 6, upon which Claim 15 is dependent, has been rejected above. Xiao further discloses wherein
a volume of the chamber in the buffering device is calculated based on a volume of the filter bottle (Figure 1; shape and configuration of device, which would include volumes, is considered in Figure 1 at least for handling purposes); and
the buffering device is configured to be in contact with a liquid inside the filter bottle (Abstract; Figure 1; Figure 2; Figure 5; Paragraph [0033]; see inlet/outlet 33/34; filter bottle 2 for filtration).
Regarding instant Claim 16, Claim 7, upon which Claim 16 is dependent, has been rejected above. Xiao further discloses wherein
a volume of the chamber in the buffering device is calculated based on a volume of the filter bottle (Figure 1; shape and configuration of device, which would include volumes, is considered in Figure 1 at least for handling purposes); and
the buffering device is configured to be in contact with a liquid inside the filter bottle (Abstract; Figure 1; Figure 2; Figure 5; Paragraph [0033]; see inlet/outlet 33/34; filter bottle 2 for filtration).
Regarding instant Claim 17, Claim 8, upon which Claim 17 is dependent, has been rejected above. Xiao further discloses wherein
a volume of the chamber in the buffering device is calculated based on a volume of the filter bottle (Figure 1; shape and configuration of device, which would include volumes, is considered in Figure 1 at least for handling purposes); and
the buffering device is configured to be in contact with a liquid inside the filter bottle (Abstract; Figure 1; Figure 2; Figure 5; Paragraph [0033]; see inlet/outlet 33/34; filter bottle 2 for filtration).
Regarding instant Claim 18, Claim 9, upon which Claim 18 is dependent, has been rejected above. Xiao further discloses wherein
a volume of the chamber in the buffering device is calculated based on a volume of the filter bottle (Figure 1; shape and configuration of device, which would include volumes, is considered in Figure 1 at least for handling purposes); and
the buffering device is configured to be in contact with a liquid inside the filter bottle (Abstract; Figure 1; Figure 2; Figure 5; Paragraph [0033]; see inlet/outlet 33/34; filter bottle 2 for filtration).
Regarding instant Claim 19, Claim 10, upon which Claim 19 is dependent, has been rejected above. Xiao further discloses wherein the buffering device is disposed on a bottom of the filter bottle (Figure 1; Paragraph [0030]; see position of filter core 3 with respect to filter bottle 2).
Regarding instant Claim 20, Claim 11, upon which Claim 20 is dependent, has been rejected above. Xiao further discloses wherein the buffering device is disposed on a bottom of the filter bottle (Figure 1; Paragraph [0030]; see position of filter core 3 with respect to filter bottle 2).
Regarding instant Claim 21, Claim 12, upon which Claim 21 is dependent, has been rejected above. Xiao further discloses wherein the buffering device is disposed on a bottom of the filter bottle (Figure 1; Paragraph [0030]; see position of filter core 3 with respect to filter bottle 2).
Regarding instant Claim 22, Claim 13, upon which Claim 22 is dependent, has been rejected above. Xiao further discloses wherein the buffering device is disposed on a bottom of the filter bottle (Figure 1; Paragraph [0030]; see position of filter core 3 with respect to filter bottle 2).
Regarding instant Claim 23, Claim 14, upon which Claim 23 is dependent, has been rejected above. Xiao further discloses wherein the buffering device is disposed on a bottom of the filter bottle (Figure 1; Paragraph [0030]; see position of filter core 3 with respect to filter bottle 2).
Regarding instant Claim 24, Claim 15, upon which Claim 24 is dependent, has been rejected above. Xiao further discloses wherein the buffering device is disposed on a bottom of the filter bottle (Figure 1; Paragraph [0030]; see position of filter core 3 with respect to filter bottle 2).
Regarding instant Claim 25, Claim 16, upon which Claim 25 is dependent, has been rejected above. Xiao further discloses wherein the buffering device is disposed on a bottom of the filter bottle (Figure 1; Paragraph [0030]; see position of filter core 3 with respect to filter bottle 2).
Regarding instant Claim 26, Claim 17, upon which Claim 26 is dependent, has been rejected above. Xiao further discloses wherein the buffering device is disposed on a bottom of the filter bottle (Figure 1; Paragraph [0030]; see position of filter core 3 with respect to filter bottle 2).
Regarding instant Claim 27, Claim 18, upon which Claim 27 is dependent, has been rejected above. Xiao further discloses wherein the buffering device is disposed on a bottom of the filter bottle (Figure 1; Paragraph [0030]; see position of filter core 3 with respect to filter bottle 2).
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 RICHARD C GURTOWSKI whose telephone number is (571)272-3189. The examiner can normally be reached 9:00 am-5:30pm MT.
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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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/RICHARD C GURTOWSKI/Primary Examiner, Art Unit 1773 06/02/2026
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