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 .
Election/Restrictions
Applicant’s election without traverse of claims 1-14 and 16-19 in the reply filed on 9/14/26 is acknowledged.
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.
Claims 1-14 and 16-19 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.
Claim 1: the terms “at least one port,” “at least one of the ports,” “those of the ports,” and “with ports” have confusing precedents/antecedents.
The claim language, “wherein the transponder is arranged in at least one of a recess in the shell and a recess in a shielding part joined to the shell, and wherein the transponder is arranged between an exterior surface of the shell and the shielding part,” is confusing. The recess in the shell (of the housing) 7 in applicant’s fig. 5 is a cavity 14 formed by mouth 15 and bottom 16. The shielding part 17 is an insert that completely fits into the cavity 14. A recess in the bottom of the shielding part, 20, holds the transponder as seen in fig. 8. Therefore, the “at least one of a recess in
the shell and a recess in a shielding part joined to the shell” is confusing and indefinite for not particularly point out and not distinctly claim the subject matter.
Claim 3: “the transponder occupies at least part of the space” and “at least partly bounded” is confusing. The disclosure has the transponder inside the cavity 15 of the shell, into which the shielding partis then inserted.
In general, the prolific use of “at least…” results in confusing claim language in all such claims. For example, in claim 8, “wherein the shielding part comprises an insert at least partly inserted into the recess” is indefinite because there is no embodiment in the disclosure that has the insert left partly inserted. Applicant has the insert fully inserted and fixed to the shell using adhesive bonding or welding (page 8, lines 5-6.)
Claim Rejections - 35 USC § 102 and 103
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 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.
Claim(s) 1-14 and 16-19 are rejected under 35 U.S.C. 102(a1) as being anticipated by Astle et al (US 2006/0060512.)
Astle’ figures 1 and 2 are copied herein with annotations. Parts of claim 1 are clearly identified.
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Claims 1-4, Astle teaches a filter cartridge having a housing 14, cartridge head 14a, 24, with inlet/outlet ports, the cartridge can couple with head part (manifold 16,) a transponder (RFID 45) circuit with battery and circuit board 40, the transponder circuit board 40 in a recess in the rigid shielding part (shielding part is considered under the broadest reasonable interpretation as the underside of the head part 16,) so that the transponder is between the shielding part and surface 14a of the shell.
Claims 5,6,14: keys – see [0060] and [0054]
Claim 9: radio frequency range – RFID range overlaps that range.
Claims 10, 11: carrier 40, antenna is implied –see wireless RFID in [0065].
Claim 13: data processing – [0061] – microprocessor, monitor, etc.
Claim 16: elements of this claim already addressed above.
Claims 7, 8, and 17-19 could not be examined on merits due to the 112(b) issues.
Allowable Subject Matter
Clearly reciting the structure and interconnections of the filter head 6, the shell 7, the filter cartridge, the ports, the transponder, the shield 17, and the recesses 14 and 20 would make claim 1 allowable.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KRISHNAN S MENON whose telephone number is (571)272-1143. The examiner can normally be reached Flexible, but generally Monday-Friday: 8:00AM-4:30PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Prem Singh can be reached at 5712720579. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KRISHNAN S MENON/Primary Examiner, Art Unit 1771
