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 .
Election/Restrictions
Claims 18–22 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected method, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on Sep. 01, 2026.
Claim Objections
Claims 1–22 are objected to because of the following informalities:
The limitation of “first annular end cap” and “the first end cap” in claims 1 and 17 are interchangeably used, please use the term consistently to avoid unnecessary confusion.
Claims 2–16 are objected because they depend on claim 1.
The current status of all of the claims in the application, including any previously canceled or withdrawn claims, must be given. Status is indicated in a parenthetical expression following the claim number by one of the following status identifiers: (original), (currently amended), (previously presented), (canceled), (withdrawn), (new), or (not entered). MPEP 714(II)(C)(A).
Claims 18–22 are currently “withdrawn” and they should be marked as such.
Appropriate correction is required.
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.
Claims 11, 13–14 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 11 is indefinite because the limitation of “the seal washer hub” lacks antecedent basis.
Claim 13 is indefinite because it is unclear if the recited limitation of “a mounting rod” is the same as that recited in claim 1.
Claim 14 is indefinite because it depends on claim 13.
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:
Claim 17 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Warth et al., US 2004/0103626 A1 (“Warth”).
Regarding claim 17:
Warth discloses that a filter element (Warth’s second filter element 36, Warth Fig. 3, [0029]) for mounting to a mast (Warth’s legs 92, Warth Fig. 3, [0028]) of a filter system (Warth’s filter assembly 32, Warth Fig. 3, [0049]), the mast having a mounting rod (Warth’s fastener assembly 88, Warth Fig. 3, [0028]) at a distal end (bottom end as shown in Warth Fig. 3) thereof, the filter element including:
a. cylindrical media (Warth’s filter media 40, which is cylindrical, Warth Fig.3, [0023]) circumscribing a central axis (see Fig. 3 of Warth) and having first and second ends (see Fig. 3 of Warth);
b. a first annular end cap (Warth’s end cap 62, Fig. 3, [0023]) at the first end of the cylindrical media, the first end cap (62 of Warth) having a central opening configured for receiving the mast therethrough (see Warth Fig. 3);
c. a second end cap (Warth’s end cap 64, Fig. 3, [0023]) at the second end of the cylindrical media, the second end cap including a seal washer opening (see Warth Fig. 3), the seal washer opening located either concentric (Warth discloses as concentric, Fig. 3) or non-concentric to the central axis of the cylindrical media; and
d. a seal washer (Warth’s cover 90, Fig. 3, [0028]) sealingly receivable within the seal washer opening and having a rod hole (Warth’s through hole 102, Fig. 3, [0029]) concentric (shown in Warth’s Fig. 3 as concentric) or non-concentric to the central axis, configured for receiving the mounting rod of the mast (see Warth Fig. 3).
Allowable Subject Matter
Claims 1–16 are allowed.
The following is a statement of reasons for the indication of allowable subject matter:
Warth et al., US 2004/0103626 A1 (“Warth”) is the closest prior art.
Regarding claim 1:
Warth discloses, inter alia, a filter element (Warth’s air filter 32, Warth Fig. 3, [0019]) comprising:
a. cylindrical media (Warth’s cylindrical filter element 36, Warth Fig. 3, [0025]) circumscribing a central axis and having first and second ends;
b. a first annular end cap at the first end of the cylindrical media, the first end cap having a central opening (Warth’s end cap 62 with a central opening, Warth Fig. 3, [0025]);
c. a second end cap at the second end of the cylindrical media (Warth’s end cap 64 and cover 90, Warth Fig. 3, [0025]), the second end cap including a seal washer opening (Warth’s through hole 102, Warth Fig. 3, [0029]) defining a seal washer opening center (see Warth Fig. 3) , the seal washer opening center located either concentric (Warth’s seal wash opening is concentric, Warth Fig. 3) or non-concentric to the central axis of the cylindrical media.
However, Warth does not teach a seal washer sealingly receivable within the seal washer opening in at least a first angular orientation relative to the seal washer opening center in which a rod hole of the seal washer is non-concentric to the central axis.
It would not have been obvious for one ordinary skill in the art at the time of filing to modify Warth for such limitation because none of the prior art shows or renders such limitation as being obvious.
Claims 2–16 would be allowable because they depend on claim 1.
Response to Arguments
Regarding Applicant’s arguments of Invention II, the applicant argues that Claims 1 and 17 requires “a seal washer sealing receivable within the seal washer opening” can be made by 3D printing because a one-piece, integrally formed article has no seal washer that is receivable within the seal washer opening of the second end cap, and no angular orientation of such a seal washer relative to the seal washer opening center, Applicant Rem. 09/01/2026 (“Applicant Rem.”) p. 7.
The examiner does not agree. Claims 1 and 17 are directed to a filter element that has the recited structures, which when assembled, is an integrally piece, and 3D printing can produce such structure. Additionally, noted here that “integral” does not rule out relative movement between parts in an integral structure.
The requirement to restrict Invention II is still deemed proper and is therefore made FINAL.
Regarding applicant’s arguments of Invention III, since claim 21 recites limitations that are deemed allowable in claim 1, claims 21–22 could be rejoined. Applicant’s arguments regarding Invention III are therefore moot.
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.
Examiner interviews are available via telephone, in-person, and 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) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jennifer Dieterle can be reached on (571) 270-7872. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see https://ppair-my.uspto.gov/pair/PrivatePair. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Qianping He/Primary Examiner, Art Unit 1776
