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 Objections
Claims 3–4 and 12 are objected to because of the term “the surface sections” and “the several surface sections” are interchangeably used, please use the term consistently to avoid unnecessary confusion.
Claim 20 is objected to because “the one sealing component” should be “the sealing component”.
Claim Rejections - 35 USC § 112(b)
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.
Claim 3–4, 12 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 3 and 12 are indefinite because the limitation of “the surface section” lacks antecedent basis. Claim 3 is also indefinite because the term ‘the outside” lacks antecedent basis.
Claim 4 is indefinite because it depends on claim 3.
Claim 4 is indefinite because the term “the outer surface of a cone”, “the outer surface of a cylinder” and “the outer surface of a different cone” lack antecedent basis.
Claim 29 is indefinite because it is unclear if the recited “a main filter element” is the same as that recited in claim 19.
Claim Rejections - 35 USC § 102(a)(1)
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.
The claims are rejected as follows:
Claims 1–4, 6, 10, 12–15, 17, 19–20, 22, 24, 27 and 29 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gauer et al., US 4,135,899 A (“Gauer”).
Regarding Claim 1:
Gauer discloses that a safety filter element (Gauer’s safety filter 130, Gauer Fig. 1, col. 1, ll. 65–67) suitable to be used in a filter assembly (Gauer’s air cleaner 110, Gauer Fig. 1, col. 1, ll. 50–54), said safety filter element (130 of Gauer) extending along an axis (Gauer’s axis 112, Gauer Fig. 1, col. 1, ll. 50–54) and comprising:
a safety filter media (Gauer’s hollow porous body 132, Gauer Fig. 1, col. 1, ll. 65–67), whereby the safety filter media (132 of Gauer) at least partially surrounds a safety filter media inner space (interior f Gauer’s hollow porous body 132, Gauer Fig. 1),
at least one safety filter element endcap (Gauer’s first annular resilient mounting member 133, Gauer Fig. 3, col. 2, ll. 1–4), whereby the at least one safety filter element endcap (133 of Gauer) has an outlet opening those leads to the safety filter media inner space (as shown in Gauer Fig. 3),
wherein the at least one safety filter element endcap (133 of Gauer) comprises a safety filter element circumferential support structure (Gauer’s bevel structure 133b and flattened surface 133c, Gauer Fig. 3, col. 2, ll. 7–8), whereby a sealing component (Gauer’s radially outwardly extending lip 134 is a sealing component because sealing engage with 152b, Gauer Fig. 3, col. 3, ll. 20–25) is arranged on the safety filter element circumferential support structure and extends along the safety filter element circumferential support structure (as clearly shown in Gauer Fig. 3), whereby the at least one safety filter element endcap additionally comprises a housing sealing component (Gauer’s groove 133a is a housing seal engages with outlet tube 122, which is part of air cleaner housing, Gauer Fig. 1, col. 1, ll. –55–58 and col. 2, ll. 4–7).
Regarding claim 2:
Gauer discloses that the safety filter element of claim 1, wherein the safety filter media has the shape of a hollow cylinder or a hollow truncated cone (Gauer’s safety filter media 132 is shown as a hollow truncated cone, The safety filter element of claim 1, wherein the safety filter media (6) has the shape of a hollow cylinder or a hollow truncated cone. Fig. 3).
Regarding claim 3:
Gauer discloses that the safety filter element according to claim 1, wherein the safety filter element circumferential support structure (133b and 133c of Gauer) is a safety filter element circumferential surface comprising several surface sections (two sections, 133b and 133c), whereby at least one of the surface sections is arranged such that a normal vector to the surface section is orientated (a) along the axis, or (b) parallel to the axis (normal vector to Gauer’s 133c surafce is parallel to the axis, Gauer Fig. 3), or (c) to point to the outside of the safety filter element.
Regarding claim 4:
Gauer discloses that the safety filter element of claim 3, wherein:
the several surface sections that make up the safety filter element circumferential surface are (a) arranged in the same plane, such that the safety filter element circumferential surface is arranged in said plane, or (b) designed to jointly form the outer surface of a cone, such that the safety filter element circumferential surface is designed to form the outer surface of the cone, or (c) designed to jointly form the outer surface of a cylinder, such that the safety filter element circumferential surface is designed to form the outer surface of the cylinder,
or
a first surface section (133c of Gauer) that belongs to the several surface sections (133b and 133c of Gauer) that make up the safety filter element circumferential surface is (a) arranged in a plane (133c is arranged is a plane as best shown in Fig. 1 of Guaer), such that at least that part of the safety filter element circumferential surface that is made up of the first surface section is arranged in said plane (Gauer’s safety filter element 130 comprising the end cap 133, and 133c is part of the end cap and therefore is part of the safety filter element circumferential surface that made up the first surface section), or (b) designed to form a section of the outer surface of a cone, such that at least that part of the safety filter element circumferential surface that is made up of the first surface section is designed to form a section of the outer surface of the cone, or (c) designed to form a section of the outer surface of a cylinder, such that at least that part of the safety filter element circumferential surface that is made up of the first surface section is designed to form a section of the outer surface of the cylinder, and
a second surface section (133b of Gauer) that belongs to the several surface sections that make up the safety filter element circumferential surface is (a) arranged in a different plane (133b is arranged in a different plane compared to 133c as best shown in Fig. 3 of Gauer), or (b) designed to form a section of the outer surface of a different cone, or (c) designed to form a section of the outer surface of a different cylinder.
Regarding claim 6:
Gauer discloses that the safety filter element of claim 1, wherein the sealing component and/or the housing sealing component is a lip seal (Gauer’s sealing lip 134 is a lip, Gauer Fig. 3, col. 3, ll. 25–30).
Regarding claim 10:
Gauer discloses that a filter system (Gauer’s air cleaner 110, Gauer Fig. 1, col. 3, ll. 9–11) comprising a safety filter element (Gauer’s safety filter 130, Gauer Fig. 1, col. 3, ll. 11–14) and a main filter element (Gauer’s filter 131, Gauer Fig. 1, col. 3, ll. 16–19) comprising a main filter media (Gauer’s body 140 made of pleated paper 141, Gauer Fig. 1, col. 2, ll. 21–24), wherein the main filter media (141 of Gauer) has a main filter media inner space (as shown in Gauer Fig. 1) and wherein the safety filter element (130 of Gauer) has a safety filter media (Gauer’s hollow filter body 132, Gauer Fig. 3, col. 1, ll. 65–67), whereby the safety filter media (132 of Gauer) at least partially surrounds a safety filter media inner space (as shown in Fig. 3) and whereby the safety filter media (132 of Gauer) is at least partially arranged inside the main filter media inner space (as shown in Fig. 1 of Gauer);
wherein said safety filter element (130 of Gauer) extends along an axis (Gauer’s axis 112, Gauer Fig. 1, col. 1, ll. 50–54) and further comprises:
at least one safety filter element endcap (Gauer’s annular resilient mounting member 133, Gauer Fig. 3, col. 2, ll. 1–4), whereby the at least one safety filter element endcap (133 of Gauer) has an outlet opening those leads to the safety filter media inner space (as shown in Gauer Fig. 3);
wherein the at least one safety filter element endcap (133 of Gauer) comprises a safety filter element circumferential support structure (Gauer’s bevel 133b and flattened surface 133c, Gauer Fig. 3, col. 2, ll. 7–12), whereby a sealing component (Gauer’s outwardly extending lip 134, Gauer Fig. 3, col. 2, ll. 7–12) is arranged on the safety filter element circumferential support structure (133b, 133c of Gauer) and extends along the safety filter element circumferential support structure (as shown in Gauer Fig. 3), and
wherein the main filter element (131 of Gauer) has a main filter element circumferential surface (Gauer’s resilient portion 152b, Gauer Fig. 1, col. 2, ll. 29–38), whereby the sealing component of the safety filter element (134 of Gauer) is in sealing contact with the main filter element circumferential surface (152b of Gauer, Gauer Fig. 1, col. 3, ll. 20–30).
Regarding claim 12:
Gauer discloses that the filter system of claim 10, wherein
said main filter element circumferential surface (152b of Gauer) comprises several surface sections (Gauer’s part 152 is circumferential and could be randomly divided into different sections like a pie, and each section read on one of the claimed “several surface sections”, Gauer Fig. 3), whereby at least one of the surface sections is arranged such that a normal vector to the surface section is orientated (a) along a longitudinal axis, or (b) parallel to the longitudinal axis, or (c) to towards the longitudinal axis (a normal vector to the surface section would be radially, pointing to the longitudinal axis, Gauer Fig. 1).
Regarding claim 13:
Gauer discloses that the filter system of claim 10, wherein a main filter element endcap (Gauer’s second annular mounting member 150, Gauer Fig. 1, col. 3, ll. 16–19) is arranged on one end of the main filter media (141 of Gauer) and wherein the main filter element circumferential surface (152b of Gauer) is arranged on the main filter element endcap (as shown in Gauer Fig. 1).
Regarding Claim 14:
Gauer discloses that the filter system of claim 13, wherein the main filter element endcap (150 of Gauer) has an outlet opening those leads to the main filter media inner space (as shown in Gauer Fig. 1).
Regarding claim 15:
Gauer discloses that the filter system of claim 10, wherein the main filter media has the shape of a hollow cylinder or a hollow truncated cone (141 of Gauer is shown as hollow truncated cone, Gauer Fig. 1).
Regarding claim 17:
Gauer discloses that the filter system of claim 10, wherein the safety filter element has a radially extending safety filter element abutment surface and the main filter element has a main filter element abutment surface that can come into contact with the safety filter element abutment surface, the abutment of the main filter element abutment surface with the safety filter element abutment surface limiting the relative movement of the main filter element relative to the safety filter element along the axis (see annotated Fig. 1 below).
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Regarding claim 19:
Gauer discloses that a filter assembly (Gauer’s air cleaner 110, Gauer Fig. 1, col. 3, ll. 9–11) comprising a housing (Gauer’s housing 111, Gauer Fig. 1, col. 1, ll. 50–54), a safety filter element (Gauer’s safety filter 130, Gauer Fig. 1, col. 2, ll. 1–4) comprising a safety filter media (Gauer’s hollow porous body 132, Gauer Fig. 1, col. 1, ll. 65–67), and a main filter element (Gauer’s filter 131, Gauer Fig. 1, col. 2, ll. 21–24) comprising a main filter media (Gauer’s body 140 made up of pleated paper 141, Gauer Fig. 1, col. 2, ll. 21–24), wherein the main filter media (141 of Gauer) has a main filter media inner space (as shown in Gauer Fig. 1) and the safety filter media is at least partially arranged inside the main filter media inner space (as shown in Gauer Fig. 1);
wherein a sealing component (Gauer’s lip 134, Gauer Fig. 1, col. 2, ll. 33–38) is arranged on the safety filter element (130 of Gauer) and the main filter element (131 of Gauer) has a main filter element circumferential surface (Gauer’s 152b on second annular mounting member 150, Gauer Fig. 1, col. 2, ll. 34–38), whereby the sealing component (134 of Gauer) of the safety filter element (130 of Gauer) is in sealing contact with the main filter element circumferential surface (152b of Gauer as shown in Gauer Fig.1).
Regarding claim 20:
Gauer discloses that the filter assembly of claim 19, wherein, in addition to the one sealing component (134 of Gauer), a housing sealing component (133c of Gauer, Gauer Fig. 3, col. 3, ll. 20–25) is provided on the safety filter element (130 of Gauer).
Regarding claim 22:
Gauer discloses that the filter assembly of claim 19, wherein the housing (111 of Gauer) has a housing lid (Gauer’s closure 117, Gauer Fig. 1, col. 3, ll. 25–30) and the safety filter element is fixedly connected to the housing lid or exchangeably connected to the housing lid (Gauer’s safety filter 130 is connected to the housing lid 117 as shown in Fig. 1 of Gauer, and Gauer discloses its safety filter 130 is replaceable, Gauer Fig. 1, col. 3, ll. 25–30, and therefore reads on the term “exchangeably connected”).
Regarding claim 24:
Gauer discloses that the filter assembly of claim 19, wherein the housing (111 of Gauer) has a housing inner space (space surrounded by Gauer’s housing 111, Guaer Fig. 1) and the safety filter element (130 of Gauer) is arranged inside the housing inner space (as shown in Gauer Fig. 1), wherein the housing (111 of Gauer) has a housing outlet (Gauer’s outlet tube 122, Gauer Fig. 1, col. 3, ll. 54–58) and wherein the safety filter media (132 of Gauer) has a safety filter media inner space (as shown in Fig. 3 of Gauer), and wherein the safety filter media inner space is in direct flow connection with the housing outlet (122 of Gauer as shown in Fig. 1).
Regarding claim 27:
Gauer discloses that the filter assembly of claim 19, wherein an unfiltered fluid space is provided between an inward facing surface of the housing and an outward facing surface of the main filter element, and whereby the housing has an inlet (Gauer’s inlet 116, Gauer Fig. 1, col. 3, ll. 9–11) that is in direct flow connection with the unfiltered fluid space (Gauer discloses fluid to be filtered enters inlet 116 and leaves at 122, and therefore, there would be an unfiltered fluid space between an inward facing surface of the housing 111 and an outward facing surface of the main filter element 131).
Regarding claim 29:
Gauer discloses that a method for assembling a filter assembly according to claim 19, the method comprising the steps of:
inserting the safety filter element into the housing (Gauer’s step of inserting safety filter 130, Gauer Fig. 1, col. 3, ll. 11–19); and
after the safety filter element 130 has been inserted into the housing, inserting a main filter element into the housing (Gauer discloses a principal filter 131 is slide into housing 111 until mounting member 150 prevents further insertion, Gauer Fig. 1, col. 9–19, which means principal filter 131 is inserted after the safety filter 130).
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 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 claims are rejected as follows:
Claim 5 are rejected under 35 U.S.C. 10as being obvious over Gauer in view of Bannister et al., US 2017/0368487 A1 (“Bannister”).
Regarding claim 5:
Gauer does not disclose that the safety filter element of claim 1, wherein the safety filter element circumferential support structure forms a contour shape with a single-fold rotational symmetry.
In the analogous art of air filters, Bannister discloses a filter element 26 comprisng an endcap 42, Bannister Fig. 8A, [0064]. Bannister disclose its end cap 42 comprising a keying feature 46, Bannister Fig. 8A, [0083]. Bannister discloses its keying feature 46 allow the filter media 40 to fit only in a particular orientation and location within the housing and thus provide optimal performance, Bannister Fig. 8A, [0094]. It would therefore have been obvious for one ordinary skill in the art at the time of filing to include Bannister’s keying feature 46 in Gauer for an optimal performance. With such modification, modified Gauer would have a keying feature located on the safety filter element circumferential support structure, and rendering the contour shape has a single-fold rotational symmetry.
Claim 23 is rejected under 35 U.S.C. 10as being obvious over Gauer in view of Waltenberg et al., US 2015/0167601 A1 (“Waltenberg”).
Regarding claim 23:
Gauer discloses that the filter assembly of claim 19, wherein a housing engagement arrangement (Gauer’s connection tube 122, Gauer Fig. 1, col. 3, ll. 9–11) is provided between the safety filter element (130 of Gauer) and the housing (111 of Gauer), wherein the housing engagement arrangement (122 of Gauer) has a first protrusion (Gauer’s bead 122a, Gauer Fig. 1, col. 3, ll. 11–14) arranged on either the safety filter element or the housing (122 of Gauer, which is part of housing 111).
Gauer does not disclose that wherein the housing engagement arrangement (122 of Gauer) has a bayonet channel arranged on ta part of the safety filter element or the housing that the protrusion is not arranged on, whereby the protrusion can engage the bayonet channel to exchangeably connect the safety filter element to the housing in a bayonet manner.
In the analogous art of filter and housing connection, Waltenberg discloses a bayonet closure in which during the rotational movement, parts on the filter element and on the housing cover or filter housing lock form-fittingly with each other in such a way that form fit is provided in axial direction. For example, the form-fit part on the filter element can be designed as a bayonet closure. Waltenberg [0013]. Waltenberg discloses its form-first part could formed on an end disc, Waltenberg [0014]. It would therefore have been obvious for one ordinary skill in the art at the time of filing to modify the connection between Gauer’s connection tube 122 and Gauer’s end cap 133 to be a bayonet connection for a stable connection without requiring a tool to assemble. Additionally, a bayonet connection between a housing part and filter endcap is known in the art. With such modification, modified Gauer would have a bayonet channel arranged on housing outlet that the protrusion is not arranged on, and the protrusion would engage the bayonet channel to connect the safety filter element with housing in a bayonet manner.
Allowable Subject Matter
Claim 16 is 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.
Regarding claim 16:
Gauer does not disclose the filter system of claim 10, wherein the safety filter element has a first protrusion that projects radially and a second protrusion that projects radially, whereby the first protrusion is smaller than the second protrusion; and wherein the main filter element has a first recess and a second recess, whereby the first recess can accommodate the first protrusion but not the second protrusion and the second recess can accommodate the second protrusion.
It would not have been obvious for one ordinary skill in the art at the time of filing to modify Gauer for such limitation because none of the prior art shows or renders such limitation as being obvious.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to QIANPING HE whose telephone number is (571)272-8385. The examiner can normally be reached on 7:30-5:00 M-F.
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/Qianping He/Examiner, Art Unit 1776
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