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 . 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 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.
DETAILED NON-FINAL ACTION
This is the initial Office Action (OA), on the merits, based on the 18/643,624 application filed on April 23, 2024. Claims 1-9 and 18-20 were cancelled after a restriction requirement. Claims 10-17 and new claims 21-26 are pending and have been fully considered. The claims are directed toward an apparatus.
Election/Restrictions
Applicant’s election without traverse of Group II, claims 10-17, in the reply filed on August 24, 2026 is acknowledged. New claims 21-26 ultimately depend on claim 10 such that Group II now includes claims 10-26. Claims 1-9 and 18-20 were cancelled.
Priority
Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Information Disclosure Statement
The Examiner has considered the information disclosure statements (IDS) submitted on 1/13/2025, 5/11/2026 and 08/24/2026. Please refer to the signed copy of the PTO-1449 form attached herewith.
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 10-26 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 pre-AIA the applicant regards as the invention.
Claim 10, or portions thereof, follow, with the underlined portions either causing or intended to assist in an understanding of the indefiniteness rejection.
Claim 10 recites: “. . . a valve body comprising:
a first central wall defining first valve opening, one or more first fluid passageways, and a valve central opening, and
a valve wall defining a second valve opening and one or more second fluid passageways, the valve wall spaced away from the first central wall by the valve central opening,
wherein the valve body defines a first chamber and a second chamber, the first chamber separated from the second chamber by at least the first central wall, and the second chamber in fluid communication with the outlet port;
a first valve member disposed at the first valve opening,. . .”
Regarding the initial underlined phrase, "a first central wall defining first valve opening..." this is recited without an indefinite article. Later the claim states "a first valve member disposed at the first valve opening" which causes an antecedent basis issue.
Also, the phrase "the valve wall spaced away from the first central wall by the valve central opening" uses a functional spatial description rather than a clear structural boundary. This makes it unclear if the "valve central opening" is an empty volume, a physical aperture, or a structural bore that defines this space. Applicant should clarify the structural boundaries such as whether the opening itself constitutes the boundary.
Claims 11-17 and 21-26.
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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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. The inventive entity for a particular application is based on some contribution to at least one of the claims made by each of the named inventors. MPEP §2137.01.
Claims 10-26 are rejected under 35 U.S.C. 103 as being unpatentable over Burton (EP2365853) in view of Jensen (US6328883)(both in IDS of 1-13-2025).
Regarding claims 10-15 and 21-26, Burton discloses a filtration system (Abstract, Fig. 5) comprising:
a filter head 12 defining an outlet port and a central port, the central port extending through the outlet port;
a filter cartridge 24 removably coupled to the filter head;
a valve assembly ([0019], Fig. 6c) disposed in the central port, the valve assembly comprising:
a valve body comprising:
a first central wall defining [a] first valve opening 30, one or more first fluid passageways, and a valve central opening 32 ([0019], [0028], [0030], [0034], [0038]), and
a valve wall defining a second valve opening (outflow passage 54) and one or more second fluid passageways, the valve wall spaced away from the first central wall by the valve central opening ([0032], [0034]),
wherein the valve body defines a first chamber and a second chamber, the first chamber separated from the second chamber by at least the first central wall, and the second chamber in fluid communication with the outlet port (figs. 7-9);
a first valve member disposed at the first valve opening, the first valve member selectively repositionable between a first valve member first position, where the first valve member engages the first central wall such that the first valve member forms a first seal that substantially prevents a fluid from flowing through the one or more first fluid passageways, and a first valve member second position, where the first valve member disengages the first central wall such that the fluid is permitted to flow through the one or more first fluid passageways ([0004], [0012], [0019], [0033]. [0034]); and
a second valve member disposed at the second valve opening (20 in figs. 6c and figs 7-9; [0019]).
Therefore, Burton discloses the claimed invention, except a hand pump coupled to the filter head.
Jensen discloses a fuel filter comprises a filter head having an inlet and an outlet and includes a filter element that is connectable to a nipple portion in the filter head (Abstract). An actuating projection supported by the element is engageable with a valve element in the nipple portion to open flow through the nipple portion when the filter element is attached to the filter head (Id.). The filter head has an integral manual (i.e., operable by hand) priming pump that is simple to manufacture and assemble, and is reliable in operation (Abstract, claim 23).
When the claimed invention was effectively filed, it would have been obvious to one of ordinary skill in the art to include a hand pump coupled to the filter head to eliminate potential air pockets and as a means of better controlling the flow of fluid (Jensen, col. 1, ln. 66 – col. 2, ln 16).
Additional Disclosures Included: Claim 11: The first chamber is in fluid communication with the filter cartridge and the second chamber is in fluid communication with the hand pump (Figs. 1, 3, 4 and 6); Claim 12: The hand pump is configured to: selectively decrease a second fluid pressure in the second chamber relative to a first fluid pressure in the first chamber; and selectively increase the second fluid pressure in the second chamber relative to a third fluid pressure in the outlet port (col. 3, lines 40-56; also, this is a purely functional limitation); Claim 13: The first valve member is configured to move from the first valve member first position to the first valve member second position when the second fluid pressure in the second chamber is less than the first fluid pressure in the first chamber (Burton, [0019], [0025]-[0028], [0030]-[0034], [0038], figs. 2c and 6c); Claim 14: The second valve member is selectively repositionable between a second valve member first position, where the second valve member engages the valve wall such that the second valve member forms a second seal that substantially prevents a fluid from flowing through the one or more second fluid passageways, and a second valve member second position, where the second valve member disengages the valve wall such that the fluid is permitted to flow through the one or more second fluid passageways; and the second valve member is configured to move from the second valve member first position to the second valve member second position when the second fluid pressure in the second chamber is greater than the third fluid pressure in the outlet port (Burton, [0019], [0025]-[0028], [0030]-[0034], [0038], figs. 2c and 6c); Claim 15: The valve assembly defines a valve axis and the valve assembly further comprises:
a first side wall extending circumferentially around the valve axis, the first central wall extending inward from the first side wall;
a first end wall extends radially outward from the first side wall away from the valve axis, a first portion of the first side wall extending away from the first end wall in a first axial direction, and a second portion of the first side wall extending away from the first end wall in a second axial direction, opposite the first axial direction;
a second side wall extending away from the first central wall;
a second central wall extending away from the first central wall at the valve central opening; and
second end wall extending away from the second side wall away from the valve axis (Burton, [0019], [0025]-[0028], [0030]-[0034], [0038], figs. 2c and 6c); Claim 21: The one or more first fluid passageways are spaced away from the valve central opening (Burton, figs. 2c and 6c); Claim 22: The one or more first fluid passageways are disposed proximate the first valve opening (Burton, [0019], [0025]-[0028], [0030]-[0034], [0038], figs. 2c and 6c); Claim 23: The first valve member comprises a valve head, the first valve member positioned at least partially within the first valve opening such that, when a second fluid pressure in the second chamber is less than a first fluid pressure in the first chamber, the first valve member is forced away from the first central wall, such that the first valve member disengages the first central wall (Burton, [0019], [0025]-[0028], [0030]-[0034], [0038], figs. 2c and 6c); Claim 24: (New) The filtration system of claim 15, wherein the first central wall, the second central wall, the second side wall, and the second end wall cooperate to define the first chamber (Burton, [0019], [0025]-[0028], [0030]-[0034], [0038], figs. 2c and 6c); Claim 25: The first side wall, the first central wall, the second central wall, the second end wall, and the valve wall cooperate to define the second chamber (Burton, [0019], [0025]-[0028], [0030]-[0034], [0038], figs. 2c and 6c); and Claim 26: The second chamber is in fluid receiving communication with the first chamber via the one or more first fluid passageways (Burton, [0019], [0025]-[0028], [0030]-[0034], [0038], figs. 2c and 6c).
Regarding claim 16 and 17, Burton and Jensen combined discloses or suggests the filtration system of claim 15, except further comprising: a first channel wall extending away from the first end wall, substantially parallel to and spaced away from the first side wall, wherein the first side wall, the first end wall, and the first channel wall cooperate to define a first channel; and a first sealing member, the first channel is sized to receive the first sealing member, the first sealing member configured to contact and engage the hand pump, such that the first sealing member forms a seal between the valve assembly and the hand pump.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to experiment with alternate channel configurations and sealing arrangements and to create a channel with a side wall, end wall and first channel wall and to appropriately seal the channel such that a tight seal is formed between the valve assembly and hand pump to better control the liquid flowing therethrough.
Additional Disclosure Included: Claim 17: The filtration system of claim 16, further comprising: a second channel first wall extending away from the second end wall, towards the filter cartridge; a second channel second wall extending away from the second channel first wall and away from the valve axis, the second channel second wall spaced away from the second end wall, wherein the second end wall, the second channel first wall, and the second channel second wall cooperate to define a second channel; and a second sealing member, the second channel sized to receive the second sealing member, the second sealing member configured to contact and engage the filter head, such that the second sealing member forms a seal between the valve assembly and the filter head (claim 16 analysis).
Conclusion
Examiner recommends that Applicant carefully review each identified reference and all objections/rejections before responding to this office action to properly advance the case in light of the pertinent objections/rejections and the prior art. With respect to the patentability analysis, Examiner has attempted to claim map to one or more of the most suitable structures or portions of a reference. However, with respect to all OAs, Examiner notes that citations to specific pages, columns, paragraphs, lines, figures or reference numerals, in any prior art or evidentiary reference, and any interpretation of such references, should not be considered to be limiting in any way. A reference is relevant for all it contains and may be relied upon for all that it would have reasonably disclosed and/or suggested to one having ordinary skill in the art. The use of publications and patents as references is not limited to what one or more applicant/inventor/patentee describes as their own inventions or to the problems with which they are concerned. They are part of the literature of the art, relevant for all they contain. MPEP §2123.
Examiner further recommends that for any substantive claim amendments made in response to this Office Action, or to otherwise advance prosecution, or for any remarks concerning support for added subject matter or claim priority, that Applicant include either a pinpoint citation to the original Specification (i.e. page and/or paragraph and/or line number and/or figure number) to indicate where Applicant is drawing support for such amendment or remarks, or a clear explanation indicating why the particular limitation is implicit or inherent to the original disclosure.
Electronic Inquiries
Any inquiry concerning this communication or an earlier communications from the examiner should be directed to Hayden Brewster whose telephone number is (571) 270-1065. The examiner can normally be reached M-Th 9 AM - 4 PM.
Alternatively, to contact the examiner, Applicant may send a communication, via e-mail or fax. Examiner’s direct fax number is: (571) 270-2065. Examiner's official e-mail address is: "Hayden.Brewster@uspto.gov." However, since e-mail communication may not be secure, Examiner will not respond to a substantive e-mail unless Applicant’s communication is in accordance with the provisions of MPEP §502.03 & related sections that discuss the required Authorization for Internet Communication (AIC). Nonetheless, all substantive communications will be made of record in Applicant’s file.
To facilitate the Internet communication authorization process, Applicant may file an appropriate letter, or may complete the USPTO SB439 fillable form available at https://www.uspto.gov/sites/default/files/documents/sb0439.pdf, preferably in advance of any substantive e-mail communication. Since one may use an electronic signature with this particular form, Applicant is encouraged to file this form via the Office’s system for electronic filing of patent correspondence (i.e., the electronic filing system (Patent Center)). Otherwise, a handwritten signature is required. In addition to Patent Center, Applicant can submit their Internet authorization request via US Postal Service, USPTO Customer Service Window, or Central Fax. Examiner can also provide a one-time oral authorization, but this will only apply to video conferencing. It is improper to request Internet Authorization via e-mail.
Examiner interviews are available via telephone, in-person, and via video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, Applicant is encouraged to use the USPTO Automated Interview Request (AIR) form available at http://www.uspto.gov/interviewpractice, or Applicant may call Examiner, if preferable. Applicant can access a general list of patent application forms at either https://www.uspto.gov/patent/forms/forms-patent-applications-filed-or-after-september-16-2012 (applications filed on or after September 16, 2012) or https://www.uspto.gov/patent/forms/forms (applications filed before September 16, 2012). Note that the language in an AIR form is not a substitute for the requirements of an AIC, where appropriate. The mere filing of an Applicant Initiated Interview Request Form (PTOL-413A) or a Letter Requesting Interview with Examiner, in EFS-Web, may not apprise Examiner of such a request in a timely manner.
If attempts to reach the Examiner are unsuccessful, Applicant may reach Examiner’s supervisor, Bobby Ramdhanie at 571-270-3240. The central fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HAYDEN BREWSTER/Examiner, AU 1779
