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 § 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.
Claim(s) 1-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Luley (US20150273985A1) in view of Mayr (US8459727B2).
Claim(s) 17-23 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schrage (US20090266041) in view of Mayr in view of Luley.
Rejection in view of Luley
Claim 1: Luley teaches a fresh air system for a road construction machine, which is configured as a road paver or a feeder vehicle for a road paver, the fresh air system comprising (abstract teaches a cabin air filter element), comprising at least a first filter element and a second filter element, which are arranged as filter elements to act in succession (Figures and [0048] teach that there are multiple filter layers sequentially arranged. Figure 1 and [0082] teaches there are multiple filter elements in 110, 112, and 114. Figure 4 teaches another embodiment in which there are two filters 117 and 119 connected to each other.), wherein the first filter element and the second filter element are firmly connected to one another (Figures shows all of the parts connected to one another.) so that the filter elements together form a self supporting arrangement (The figures show that the air filter of Luley form a single supported filter device and therefore would read upon the claim.).
Referring to the limitation “for cleaning a bitumen-containing volume flow” and “for cleaning the bitumen-containing volume flow,” these are considered to be intended usage. Since the prior art teaches the structure of the claims, it would be capable of this limitation. Claims directed to an apparatus must be distinguished in the prior art in terms of structure rather than function. MPEP 2114.
Luley does not explicitly teach a fan unit having a fan housing which forms an intake opening and the air filter arrangement is detachably fastened to the fan housing at the intake opening. Luley teaches a fan unit having a fan housing (This invention is for a driver’s cabin of an agricultural or work machine as taught in the abstract. The fact that this is for a driver’s cabin of a work machine means that it would be in contact with the dirty or outside air before purifying it and sending it into the cabin.).
Mayr teaches a tractor cab in figure 1 and the abstract. It teaches a fan 22 with a housing that includes 20, 19, 16, 13, 14, and the body in which the fan 22 is housed. The intake opening can be read upon any portion of the housing duct from the intake 13 to the blower 22. There is a filter 18 that filters the air coming in. There is an opening access door 21 that is there to be able to maintenance or remove the filter, making it detachable. It would have been obvious to one of ordinary skill before the effective filing date of the invention to have the filter in a preferred location, such as the intake opening of a fan, as Mayr teaches the benefit of being able to remove and replace the filter when necessary.
Claim 2: Luley teaches the first filter element and the second filter element are connected to one another by a material-bonded, form-fit and/or force-fit connection (The figures appear to show them connected with a frame, therefore this reads upon the limitation.).
Claim 3: Luley teaches the first filter element and the second filter element are glued to one another ([0089] teaches the use of adhesive points have the filter arrangement of 100 be connected. [0062] also teaches the use of adhesive point for fixation of filter layers.).
Claim 4: Luley teaches the first filter element and/or the second filter element have/has a zigzag-shaped, undulating, rectangular, nub-shaped or pyramid-shaped filter mesh ([0025] and [0051] teaches that one of the layers can be a zigzag shape.).
Claim 5: Luley teaches at least one of the first filter element or the second filter element is an activated carbon filter ([0017] and [0027] teaches one of the layers can be activated carbon bellows.).
Claim 6: Luley teaches the air filter arrangement comprises a third filter element as a pre-filter, which is firmly or detachably connected to the first and second filter elements (Any of the three parts can be a prefilter. In this case 110 can be a prefilter.).
Claim 7: Luley teaches the third filter element is glued to the second filter element ([0046] teaches the prefilter layers can be applied by sprayed adhesives. [0022]-[0023] also teaches the use of adhesives to apply the layers.).
Claim 8: Luley teaches the third filter element has a smooth surface ([0010] teaches the prefilter layer can be a flat filter. [0045] teaches the prefilter is directly laminated onto a side. The figures also show it to be a smooth surface.).
Claim 9: Luley teaches the third filter element comprises a foam filter or a fleece filter ([0011] teaches the prefilter can be a foam filter medium layer.).
Claim 10: Luley teaches the filter elements are present as filter layers arranged one above the other (The figures show all the filter layers stacked one above the other.).
Claim 11: Luley teaches the air filter arrangement forms an inlet side and an outlet side, wherein a sealing element is provided on the inlet side and/or on the outlet side (It is assumed that the top and bottom is the inlet and outlet, as the prefilter would be near or at the inlet. Figure 11 shows that the frame or sealing portion extends into the outlet side portion.).
Claim 12: Luley teaches the sealing element is configured as a latching element for tool-free attachment to a fan housing (This invention is for a driver’s cabin of an agricultural or work machine as taught in the abstract. [0008] teaches that a gasket is there to separate the clean air from the polluted air. This means that this filter fits into a housing tight enough to keep the airs separate. The fact that this is for a driver’s cabin of a work machine means that it would be put into a fan or blower housing.). Mayr also teaches that the filter element 18 is placed within the duct 19 and connected to the air. It would also have been obvious to one of ordinary skill before the effective filing date of the invention to be able to place and connect the filter within the duct by any kind of connection or attachment such as a latch or tool free attachment so that it would be able to prevent air from leaking through without passing through the filter.
Claim 13: Luley teaches the filter elements, which are firmly connected to one another, together form an airtight coating ([0049]-[0052] teaches that the air filters are seal tightly connected with a frame.).
Rejection in view of Schrage
Claim 17: Schrage teaches a method for replacing a plurality of used filter elements of a fresh air system provided on a road paver or on a feeder vehicle ([0003] teaches that this refers to filter elements for air cleaners in vehicles and construction equipment.), which are used as filter elements acting in succession for cleaning a bitumen-containing volume flow ([0057] teaches that filters can be stacked arrangements in which there are multiple stripes being secured to another in a stack or block form. The limitation for cleaning a bitumen containing volume flow is read upon by the prior art as this is a filter for cleaning air and would be capable of performing this step without any additional limitations.), the method comprising: removing together the plurality of used filter elements, which are firmly connected to one another; and installing a plurality of new, firmly connected filter elements in place of the plurality of used filter elements ([0003] teaches that filter element components that can be removed and replaced. [0058] teaches that filter elements are removable and replaceable with respect to an air cleaning in which they are used.).
Schrage does not explicitly state the filter is at a fan housing at an intake opening of the fan housing.
Mayr teaches a tractor cab in figure 1 and the abstract. It teaches a fan 22 with a housing that includes 20, 19, 16, 13, 14, and the body in which the fan 22 is housed. The intake opening can be read upon any portion of the housing duct from the intake 13 to the blower 22. There is a filter 18 that filters the air coming in. There is an opening access door 21 that is there to be able to maintenance or remove the filter, making it detachable. It would have been obvious to one of ordinary skill before the effective filing date of the invention to have the filter be installed at the intake opening of a fan housing as Mayr teaches this location in order to remove air before reaching the fans.
Schrage and Mayr do not explicitly state that the filter forms a self supporting air filter arrangement.
Luley teaches a fresh air system for a road construction machine, which is configured as a road paver or a feeder vehicle for a road paver, the fresh air system comprising (abstract teaches a cabin air filter element), comprising a self supporting arrangement (The figures show that the air filter of Luley form a single supported filter device and therefore would read upon the claim.). It would have been obvious to one of ordinary skill before the effective filing date of the invention to use the filter of Luley as the filter of Mayr because the simple substitution of one known element for another is within the ambit of a person of ordinary skill when the substitution would be expected to produce predictable results. See MPEP 2143, I(B). In this case the substitution would likely produce predictable results because the filter of Luley is/are an equivalent of the filter of Mayr as they are both meant to be used for purifying air for vehicles (Luley teaches cabin air filter element and Mayr teaches tactor cab filter.).
Claim 18: Luley teaches the plurality of new firmly connected filter elements comprise a first filter element and a second filter element that are connected to one another by a material-bonded, form-fit and/or force-fit connection (Figures and [0048] teach that there are multiple filter layers sequentially arranged. Figure 1 and [0082] teaches there are multiple filter elements in 110, 112, and 114. Figure 4 teaches another embodiment in which there are two filters 117 and 119 connected to each other.The figures appear to show them connected with a frame, therefore this reads upon the limitation.).
Claim 19: Luley teaches the first filter element and the second filter element are glued to one another ([0089] teaches the use of adhesive points have the filter arrangement of 100 be connected. [0062] also teaches the use of adhesive point for fixation of filter layers.).
Claim 20: Luley teaches the first filter element and/or the second filter element have/has a zigzag-shaped, undulating, rectangular, nub-shaped or pyramid-shaped filter mesh ([0025] and [0051] teaches that one of the layers can be a zigzag shape.).
Claim 21: Luley teaches at least one of the first filter element or the second filter element is an activated carbon filter ([0017] and [0027] teaches one of the layers can be activated carbon bellows.).
Claim 22: Luley teaches the air filter arrangement comprises a third filter element as a pre-filter, which is firmly or detachably connected to the first and second filter elements (Any of the three parts can be a prefilter. In this case 110 can be a prefilter. Since it is a separate part, that would read upon firmly or detachably connected.).
Claim 23: Luley teaches the third filter element is glued to the second filter element ([0046] teaches the prefilter layers can be applied by sprayed adhesives. [0022]-[0023] also teaches the use of adhesives to apply the layers.).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-13 and 17 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
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/P.Y.S/Examiner, Art Unit 1776 06/15/2026
/Jennifer Dieterle/Supervisory Patent Examiner, Art Unit 1776
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