In view of the Pre-Appeal Brief filed on 12/18/2025, PROSECUTION IS HEREBY 1. REOPENED. A new ground of rejection is set forth below. To avoid abandonment of the application, appellant must exercise one of the following two options: (1) file a reply under 37 CFR 1.111 (if this Office action is non-final) or a reply under 37 CFR 1.113 (if this Office action is final); or, (2) initiate a new appeal by filing a notice of appeal under 37 CFR 41.31 followed by an appeal brief under 37 CFR 41.37. The previously paid notice of appeal fee and appeal brief fee can be applied to the new appeal. If, however, the appeal fees set forth in 37 CFR 41.20 have been increased since they were previously paid, then appellant must pay the difference between the increased fees and the amount previously paid. A Supervisory Patent Examiner (SPE) has approved of reopening prosecution by signing below:
/BENJAMIN L LEBRON/ Supervisory Patent Examiner, Art Unit 1773
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 (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.
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.
Claim(s) 1-6, 10-14 and 21 are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over WO 2018236921 (hereinafter WO ‘921) in view of Dani et al (US 20180250615; hereinafter Dani ‘615) or Dani et al (US 20180311600; hereinafter Dani ‘600).
As regarding claim 1, WO ‘921 discloses the claimed invention for an axial flow element (figs. 13B-13C, 22-25), comprising: a hub comprising an outer surface, a first end and a second end longitudinally spaced from the first end; a flat layer comprising a leading edge (refers to the ‘portion’ of the flat layer that interfaces with the hub’s outer surface) extending longitudinally between the first and second ends.
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WO ‘921 does not disclose a heat stake joining the flat layer to the outer surface of the hub proximate the leading edge of the flat layer.
Dani ‘615 (or Dani ‘600) teaches a heat stake (Dani ‘615 - [0039], [0046], [0048] and fig. 9; or Dani ‘600 - [0041], [0049] and fig. 8) joining the flat layer to the outer surface of the hub (Dani ‘615 - 200 or Dani ‘600 - 350) proximate the leading edge (Dani ‘615 - 302 or Dani ‘600 - 302) of the flat layer.
Both WO ‘921 and Dani ‘615 (or Dani ‘600) are directed to filter apparatus.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide a heat stake joining the flat layer to the outer surface of the hub proximate the leading edge of the flat layer as taught by Dani ‘615 (or Dani ‘600) in order to provide a mechanically interlocked attachment without the use of chemical adhesives, thereby preserving filtration characteristics and airflow, improving resistance to vibration and thermal cycling, enabling rapid and repeatable manufacturing without curing time, reducing material and processing costs, and avoiding chemical contamination or degradation of filter medium.
As regarding claim 2, WO ‘921 as modified discloses all of limitations as set forth above. WO ‘921 as modified discloses the claimed invention for wherein the outer surface of the hub has a cylindrical shape (annotated fig. 23).
As regarding claim 3, WO ‘921 as modified discloses all of limitations as set forth above. WO ‘921 as modified discloses the claimed invention for wherein the heat stake (Dani ‘615 - [0039], [0046], [0048] and fig. 9; or Dani ‘600 - [0041], [0049] and fig. 8) comprises a plurality of longitudinally spaced extension pieces (2400 of fig. 24; [0144] - protrusions, spikes, bites, projections) extending from the outer surface of the hub, wherein the extension pieces ([0135] – the core is thermoplastics, PP, PA, PET, ABS in which capable of heat-deformable) are deformable from a non-heat stake configuration to a heat-stake configuration, wherein the flat layer is attached to the outer surface of the hub via the plurality of extension pieces in the deformed, heat-stake configuration ([0144] and [0107]).
Alternatively, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide extension pieces’ material is deformable from a non-heat stake configuration to a heat-stake configuration, wherein the flat layer is attached to the outer surface of the hub via the plurality of extension pieces in the deformed, heat-stake configuration in order to enable localized thermal deformation for attachment of adjacent components without adhesive, provide an integral and durable mechanical interlock resistant to vibration and thermal cycling, preserve functional characteristics of the attached components, and facilitated rapid, repeatable, and cost-effective manufacturing with reduced part count and weight, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
As regarding claim 4, WO ‘921 as modified discloses all of limitations as set forth above. WO ‘921 as modified discloses the claimed invention for wherein the heat stake (Dani ‘615 - [0039], [0046], [0048] and fig. 9; or Dani ‘600 - [0041], [0049] and fig. 8) comprises a plurality of longitudinally spaced extension pieces comprise posts (2400 of fig. 24; [0144] - protrusions, spikes, bites, projections) extending from the outer surface of the hub.
WO ‘921 as modified does not disclose cylindrical posts. However, the shape of a structural feature is considered a matter of choice which a person of ordinary skill in the art before the effective filing date of the invention was made would find obvious absent persuasive evidence that particular configuration is significant, see In re Dailey, 149 USPQ 47.
As regarding claim 5, WO ‘921 as modified discloses all of limitations as set forth above. WO ‘921 as modified discloses the claimed invention for wherein the plurality of extension pieces are longitudinally spaced approximately evenly along the outer surface of the hub (fig. 24).
As regarding claim 6, WO ‘921 as modified discloses all of limitations as set forth above. WO ‘921 as modified discloses the claimed invention except for wherein the hub includes a recessed region defined therein, the recess including the plurality of extension pieces therein. WO ‘921 teaches wherein the hub includes a recessed region (2500 of fig. 25) defined therein, the recess including the plurality of extension pieces therein. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide wherein the hub includes a recessed region defined therein, the recess including the plurality of extension pieces therein as taught by WO ‘921 in order to enhance axial flow element performance.
As regarding claim 10, WO ‘921 as modified discloses all of limitations as set forth above. WO ‘921 as modified discloses the claimed invention for a second layer ([0110], fig. 13C) that is affixed to the outer surface of the hub.
As regarding claim 11, WO ‘921 as modified discloses all of limitations as set forth above. WO ‘921 as modified discloses the claimed invention for wherein the second layer is attached to the outer surface of the hub approximately 180 degrees (fig. 13C) from a position where the flat layer is attached to the outer surface of the hub.
As regarding claim 12, WO ‘921 discloses all of limitations as set forth above. WO ‘921 discloses the claimed invention except for wherein the second layer has different material properties from the flat layer. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide wherein the second layer has different material properties from the flat layer in order to enhance axial flow element performance, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
As regarding claim 13, WO ‘921 as modified discloses all of limitations as set forth above. WO ‘921 as modified discloses the claimed invention for wherein the second layer includes corrugations (1304) therein.
As regarding claim 14, WO ‘921 as modified discloses all of limitations as set forth above. WO ‘921 as modified discloses the claimed invention for wherein the second layer is heat staked (Dani ‘615 - [0039], [0046], [0048] and fig. 9; or Dani ‘600 - [0041], [0049] and fig. 8) to the outer surface of the hub.
As regarding claim 21, WO ‘921 as modified discloses all of limitations as set forth above. WO ‘921 as modified discloses the claimed invention for wherein the heat stake joining the flat layer to the outer surface of the hub comprises a plurality of longitudinally spaced heat stakes. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide wherein the heat stake joining the flat layer to the outer surface of the hub comprises a plurality of longitudinally spaced heat stakes in order to distribute attachment loads across multiple locations, improve resistance to vibration and fatigue, maintain consistent engagement of the flat layer along the hub, limit thermal exposure during joining, and provide a robust, redundant attachment without the use of adhesives, since it has been held that mere duplication of parts has no patentable significance, unless a new and unexpected result is produced, since it involves only routine skill in the art. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960).
Claim(s) 7-9 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over WO 2018236921 (hereinafter WO ‘921) in view of Dani et al (US 20180250615; hereinafter Dani ‘615) or Dani et al (US 20180311600; hereinafter Dani ‘600), as applied supra, and further in view of Reukauf (US 1567674).
As regarding claim 7, WO ‘921 as modified discloses all of limitations as set forth above. WO ‘921 as modified discloses the claimed invention except for wherein the flat layer includes a plurality of longitudinally spaced openings defined therein, and wherein each of the plurality of extension pieces align with a respective one of the plurality of openings when the flat layer is attached to the outer surface of the hub. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide wherein the flat layer includes a plurality of longitudinally spaced openings defined therein, and wherein each of the plurality of extension pieces align with a respective one of the plurality of openings when the flat layer is attached to the outer surface of the hub in order to enhance the bond between the flat layer and the hub’s outer surface, since it was known in the art as shown in Reukauf (opening 14 in the cloth; pg 1 ln 96-100).
As regarding claim 8, WO ‘921 as modified discloses all of limitations as set forth above. WO ‘921 as modified discloses the claimed invention for wherein the plurality of openings (Reukauf - 14) are sized and shaped to receive the plurality of extension pieces therein.
As regarding claim 9, WO ‘921 as modified discloses all of limitations as set forth above. WO ‘921 as modified discloses the claimed invention for wherein the plurality of openings (Reukauf - 14) are located proximate the leading edge of the flat layer.
As regarding claim 22, WO ‘921 as modified discloses all of limitations as set forth above. WO ‘921 as modified discloses the claimed invention for wherein the plurality of openings (Reukauf - 14) are longitudinally spaced along the flat layer proximate the leading edge.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-14 and 21-22 have been considered but are moot because the new ground of rejection.
Conclusion
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/DUNG H BUI/ Primary Examiner, Art Unit 1773