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 § 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 8, 9, and 11 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.
Regarding claim 8, the phrase "in particular" (see the limitation “removing the filter material collecting chamber from the filter device after a certain time, in particular after multiple cleaning cycles”) renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). Claims 9 and 11 depend from claim 8 and are also rejected.
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.
Claim 13 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by DE 102017207415 to Herbig et al. (hereinafter referred to as Herbig).
In regard to claim 13, as shown in figure 1, Herbig discloses a filter device having a filter housing (1) and a filter (2) located in the filter housing. The filter device has a removable filtered material collecting chamber (7) into which filtered material accumulating in the course of cleaning the filter can be transferred. A separable space (8) is provided upstream of the filtered material collecting chamber (7) in a transfer direction of the filtered material. The separable space (8) is capable of being used to treat the cleaned filtered material with regard to a reduction of ant reactivity still present, and for a passivation. The filtered material collecting chamber (7) is capable of being removed from the filter device after a cleaning cycle in order to feed the contents to a disposal system. The separable space (8) includes a port (5) that can be used to inject atmospheric air into the space. The atmospheric air can be injected at a velocity in order to, in addition to the passivation, create a swirling and to transfer the filter material into the filter material collecting chamber. It is noted that this limitation is directed to how the filter device is used, and the filter device of Herbig is considered to have all of the structure required to perform in the same manner.
Allowable Subject Matter
Claims 7, 10, and 12 are allowed.
Claims 8, 9, and 11 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Claims 14 and 15 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 independent claim 7, none of the prior art teaches or suggests a method for cleaning a filter in a filter device having a filter housing and the filter located therein, the filter device having a removable filtered material collecting chamber into which filtered material accumulating in the course of cleaning the filter is transferred, comprising the steps of: providing a separable space in which the cleaned filtered material is treated with regard to a reduction of any reactivity still present, the separable space being located upstream of the filtered material collecting chamber, in a transfer direction of the filtered material, conducting passivation, by injecting oxygen, wherein the oxygen is blown into the space or alternatively sucked into the space as a result of an appropriate application of negative pressure, and carrying out a swirling of the filtered material in the space simultaneously with the treatment of the filtered material, wherein injected atmospheric air is used both for passivation of the filtered material and for transport into the collecting chamber by blowing the filtered material out of the reactor space. As discussed above, Herbig discloses a similar filter device. Herbig includes a port (5) into a separable space (8). There is no teaching or suggestion in Herbig, however, for the steps of: conducting passivation, by injecting oxygen, wherein the oxygen is blown into the space or alternatively sucked into the space as a result of an appropriate application of negative pressure, and carrying out a swirling of the filtered material in the space simultaneously with the treatment of the filtered material, wherein injected atmospheric air is used both for passivation of the filtered material and for transport into the collecting chamber by blowing the filtered material out of the reactor space. US Patent Application Publication No. 2023/0079987 to Herding et al. and US Patent Application Publication No. 2013/0259758 to Herding et al. also disclose similar filter devices. As shown in figure 2 of both Herding references, blowers (40, 50) can be used to provide air to collected filtered material. There is also no teaching or suggestion in the Herding references for the steps of: conducting passivation, by injecting oxygen, wherein the oxygen is blown into the space or alternatively sucked into the space as a result of an appropriate application of negative pressure, and carrying out a swirling of the filtered material in the space simultaneously with the treatment of the filtered material, wherein injected atmospheric air is used both for passivation of the filtered material and for transport into the collecting chamber by blowing the filtered material out of the reactor space. Claims 10 and 12 depend from claim 7 and are allowed for at least the same reason as claim 7.
In regard to independent claim 8, Herbig and the Herding references similarly represent the closest prior art. There is similarly no teaching or suggestion in Herbig or the Herding references for the steps of: carrying out a swirling of the filtered material in the space, removing the filtered material collecting chamber from the filter device after a certain time, and feeding the contents to a disposal system. Claims 9 and 11 depend from claim 8 and would be allowable for the same reason as claim 8.
In regard to claim 14, there is no teaching or suggestion in Herbig for the separable space (8) to form a funnel-like reaction chamber which narrows in a direction of the filtered material collecting chamber (7), and wherein as a result of opening of a gate valve, the collected filtered material can be discharged into the reaction chamber after a controlled release. Claim 15 depends from claim 14 and is allowable for at least the same reason as claim 14.
Conclusion
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/ROBERT CLEMENTE/Primary Examiner, Art Unit 1773
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