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 Status
Claims 1-14 are pending:
Claims 1-6 and 9-12 are rejected.
Claims 7-8 and 13-14 are objected.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. EP21176840, filed on 05/31/2021.
Claim Rejections - 35 USC § 103
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 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 1-6 and 9-12 are rejected under 35 U.S.C. 103 as being unpatentable over Nodomi (US 2021/0001251) in view of Wildermuth (DE 102019121342).
Regarding claim 1, Nodomi teaches a filter device (100) (strainer, see ABS and claim 1) for a liquid medium, the filter device comprising: a support structure (1) (frame body 12) which extends between a first end (11) and a second end (12) (see Fig. 2) and which defines an interior space (10)… wherein the support structure (1) has at the second end (12) a flow body (14) (bottom surface 14 has a conical shape and as shown in Fig. 4 the conical shaped bottom controls the flow) which protrudes into the interior space (10) in a direction of the first end (11) and tapers in the direction of the first end (11) (see Figs. 1 and 3-4), and wherein the support structure (1) has openings (15) (openings that accommodate screen portions 13) which connect the interior space (10) in a fluidly conducting manner to an environment of the support structure (1); and a filter medium (2) (screen portion 13) which is accommodated in the interior space (10) of the support structure (1) (see Figs. 2, 6 and 9 wherein the screen portions 13 are within the body and part of the internal flow region therefore accommodated in the interior space).
Nodomi does not teach tapering from the first end (11) to the second end (12).
In a related field of endeavor, Wildermuth teaches a filter element for use as a particle filter in a cooling circuit of an electrochemical converter (see ABS) comprising tapering from the first end (11) to the second end (12) (the conical lattice support structure ( 3, 33) tapers from the first axial end to the second axial end, see ABS).
It would have been obvious to one ordinary skill in the art before the effective filing date of invention to modify the filter shape of Nodomi by configuring said shape to be tapering from the first end to the second end as disclosed by Wildermuth because it creates a funnel and particulate impurities are most effectively caught by the funnel (Wildermuth, see pg. 5).
Regarding claim 2, Nodomi and Wildermuth teach the filter device (100) according to claim 1, wherein the support structure (1) is conical in form (Wildermuth, conical lattice support structure 33).
Regarding claim 3, Nodomi and Wildermuth teach the filter device (100) according to claim 1, wherein the flow body (14) is conical in form (Wildermuth, see Fig. 2).
Regarding claim 4, Nodomi and Wildermuth teach the filter device (100) according to claim 1, wherein the support structure (1) comprises an end frame (13) (Nodomi, mounting portion 11) forming the first end (11) (Nodomi, see Fig. 2), an end body (16) forming the second end (12) (Nodomi, see Fig. 2), and at least two longitudinal struts (17) (Nodomi, plurality of ribs 12c) arranged spaced apart from one another on the frame (Nodomi, see Fig. 7), which connect the end body (16) and the end frame (13) (Nodomi, see Fig. 7), wherein the openings (15) are formed between the longitudinal struts (17) (Nodomi, see Fig. 7).
Regarding claim 5, Nodomi and Wildermuth teach the filter device (100) according to claim 4, wherein the support structure (1) comprises at least one circumferential strut (18) (Nodomi, plurality of ribs 12d) arranged between the end frame (13) and the end body (16), which connects the longitudinal struts (17) to one another, wherein the openings (15) are formed between the longitudinal struts (17) and the at least one circumferential strut (18) (12b).
Regarding claim 6, Nodomi and Wildermuth teach the filter device (100) according to claim 1.
Nodomi further discloses wherein the tank body 101 is formed of a resin material superior in corrision resistance is polyethylene (Nodomi, see ¶24 which is a plastic material); however, Nodomi does not explicitly teach wherein the support structure (1) is made from a plastic material.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the filter device material of Nodomi with the plastic material (i.e. polyethylene) as disclosed by another embodiment of Nodomi because it is simple substitution of one known polyethylene material means with another known plastic material means, obviously resulting in a suitable corrosion resistant material with a reasonable expectation of success. The simple substitution of one known element for another is likely to be obvious when predictable results are achieved. See KSR International Co. v. Teleflex Inc., 550 USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, B.).
Regarding claim 9, Nodomi and Wildermuth teach the filter device (100) according to claim 1.
Nodomi does not teach a housing (4) defining a receiving space (40) extending between a first port (41) and a second port (42); wherein the support structure (1) is accommodated in the receiving space (40) such that the first end (11) of the support structure (1) faces the first port (41).
Wildermuth further teaches a housing (4) defining a receiving space (40) extending between a first port (41) and a second port (42); wherein the support structure (1) is accommodated in the receiving space (40) such that the first end (11) of the support structure (1) faces the first port (41) (see annotated Fig. 2).
Annotated Fig. 2 of Wildermuth
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the filter device of Nodomi by arranging the filter device in a housing as disclosed by Wildermuth because it has the benefit of fastening the filter device to a process line (Wildermuth, see pg. 6).
Regarding claim 10, Nodomi and Wildermuth teach the filter device (100) according to claim 1.
Nodomi does not teach a fuel cell system (200) comprising: a fuel cell assembly (210) having at least one fuel cell (211); and a cooling circuit (220) thermally coupled to the fuel cell assembly (210) and configured so as to circulate a coolant, wherein the cooling circuit (220) comprises the filter device (100) to filter the coolant.
Wildermuth further teaches a fuel cell system (200) (see Fig. 2) comprising: a fuel cell assembly (210) having at least one fuel cell (211) (fuel cell 102); and a cooling circuit (220) (cooling circuit 100) thermally coupled to the fuel cell assembly (210) (via heating exchanger 108) and configured so as to circulate a coolant (see Fig. 1), wherein the cooling circuit (220) comprises the filter device (100) according to claim 1 to filter the coolant (there is a filter element on the supply line for the coolant, see pg. 6).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the filter device of Nodomi by incorporating the filter device in a fuel cell system as disclosed by Wildermuth because it is desirable in Nodomi to place the filter in a system that removes a solid component from a liquid component (Nodomi, see ¶26) while reducing blow-back of liquid (Nodomi, see ¶6).
Regarding claim 11, Nodomi and Wildermuth teach the filter device (100) according to claim 1.
With respect to the limitation, “wherein the liquid medium is a cooling medium in a cooling circuit (220) of a fuel cell system (200)” Nodomi as modified by Wildermuth is capable of performing the intended use (Nodomi, see ¶23 and Fig. 1). Furthermore, “[i]nclusion of material or article worked upon by a structure being claimed does not impart patentability to the claims.” See In re Young, 75 F.2d *>996<, 25 USPQ 69 (CCPA 1935) (as restated in In re Otto, 312 F.2d 937, 136 USPQ 458, 459 (CCPA 1963)) (see MPEP § 2115).
Regarding claim 12, Nodomi and Wildermuth teach the filter device (100) according to claim 6, wherein the plastic material is …a thermoplastic plastic material (Modified Nodomi, polyethylene, see ¶24).
Allowable Subject Matter
Claims 7-8 and 13-14 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: Nodomi (US 2021/0001251) and Wildermuth (DE 102019121342) are considered the closest prior art of record. Nodomi nor Wildermuth teach “a conduit body (3) protruding into the interior space (10) of the support structure (1) at the first end (11) and defining a flow passage (30) extending between an inlet port (31) and an outlet port (32); wherein the outlet port (32) faces the interior space (10) of the support structure (1); and wherein the flow passage (30) comprises an outlet section (34) which widens towards the outlet port (32)” as required by claim 7. There is no known benefit to modify the filter device of Nodomi. Claims 8 and 13-14 depend from claim 7 therefore allowable for similar reasons.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EKANDRA S. MILLER-CRUZ whose telephone number is (571)270-7849. The examiner can normally be reached M-Th 7 am - 6 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Benjamin L. 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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/EKANDRA S. MILLER-CRUZ/Primary Examiner, Art Unit 1773