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Claims 13-14 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 2/26/26.
Applicant's election with traverse of group I in the reply filed on 2/26/26 is acknowledged. The traversal is on the ground(s) that groups I and II both include a filter element with an end cap assembly. This is not found persuasive because while the groups include a filter element and an end cap assembly, group I does not require the technical feature of the real reducing or eliminating contact with a filter receiver which is the technical feature of group II.
Claims 7 and 10-12 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected specie, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 2/26/26.
Claims 7 and 10-12 are directed to embodiments shown in figures 2A-2N, 3A-3H or 5A-5D.
The requirement is still deemed proper and is therefore made FINAL.
Drawings
Figure 4A-4D should be designated by a legend such as --Prior Art-- because only that which is old is illustrated. See MPEP § 608.02(g). Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. The replacement sheet(s) should be labeled “Replacement Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
The numbering of claims is not in accordance with 37 CFR 1.126 which requires the original numbering of the claims to be preserved throughout the prosecution. When claims are canceled, the remaining claims must not be renumbered. When new claims are presented, they must be numbered consecutively beginning with the number next following the highest numbered claims previously presented (whether entered or not).
The claim set filed 11/23/23 indicate claim 15 as being cancelled. The current claim set of 2/26/26 does not indicate claim 15 as being cancelled but omits claim 15.
Claim Rejections - 35 USC § 112
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 5-6 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.
Claims 5 and 6 recite the annular seal contacts with an inner surface of a filter receiver. Claim 1, from which claims 5 and 6 depend, is directed to an end cap assembly “for facilitating removal of a filter element from a filter receiver”. It is clear from the preamble of claim 1 that the filter receiver is not positively recited a part of the claimed invention but is an intended use of the claimed invention. Claims 5 and 6 require a filter receiver to be present and therefore it is unclear if the filter receiver is part of the claimed invention or not. For examination purposes the filter receiver is assumed to not be part of the claimed invention.
Claim Rejections - 35 USC § 102
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 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, 3-6 and 8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chikura et al. US 9,061,247.
Claim 1, Chikura teaches an end cap assembly comprising: a first end cap (4) having an annular ledge (40) having a first diameter, an annular seal (5b) annularly surrounding the first end cap at the annular ledge, and a second end cap (3) having an annular seat (35) having a second diameter that is smaller than the first diameter, wherein the second end cap is operatively coupled with the first end cap such that when the first end cap moves relative to the second end cap, the annular seal is capable of moving from the annular ledge of the first end cap to the annular seat of the second end cap (fig. 6a-6b).
Claims 3-4, Chikura further teaches the first end cap is securely connected to a first filter section (2) and the second end cap is securely connected to a second filter section (2) (fig. 6a-6b).
Claims 5-6, Chikura further teaches the annular seal is configured to contact an inner surface of a filter receiver (7) to form an annular seal (fig. 6a-6b).
Claim 8, Chikura teaches a filter element comprising: a first and second filter section (2) having a distal end and a first connecting end, wherein the filter sections are cylindrical in shape (col 4, line 16-20), a first end cap (4) secured to the first connecting end of the first filter section, the first end cap having an annular ledge (40) having a first diameter, an annular seal (5b) surrounding the first end cap, and a second end cap (3) secured to the second connecting end of the second filter section, the second end cap having an annular seat (35) having a second diameter that is smaller than the first diameter, the second end cap is operatively coupled with the first end cap such that when the first end cap moves relative to the second end cap, the annular seal is capable of moving from the annular ledge of the first end cap to the annular seal of the second end cap (fig. 6a-6b).
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 non-obviousness.
Claim(s) 2 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chikura et al. US 9,061,247 in view of Hatfield et al. US 2015/0336041.
Chikura teaches the end cap assembly of claim 1 and the filter element of claim 8 where the first and second end caps are coupled but does not teach a mechanism by which the end caps are coupled.
Hatfield teaches first and second end caps (114, 116) which are coupled by a snap fit (88, 90) (par 56). The use of snap fit connections between end caps is a known technique as demonstrated by Hatfield and would have been well within the normal capabilities of one of ordinary skill in the art. The claim would have been obvious because "a person of ordinary skill has good reason to pursue the known options within his or her technical grasp. If this leads to the anticipated success, it is likely the product not of innovation but of ordinary skill and common sense.” KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385 (2007).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BENJAMIN M KURTZ whose telephone number is (571)272-8211. The examiner can normally be reached Monday-Friday 8:30-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Bobby Ramdhanie can be reached at 571-270-3240. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BENJAMIN M KURTZ/Primary Examiner, Art Unit 1779
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