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Claims 6 and 16–17 are withdrawn without traverse from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species, there being no allowable generic or linking claim.
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 3 and 13–15 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 3 is indefinite because the limitation of “the first flow end” and “the second flow end” lacks antecedent basis.
Claims 13 is indefinite because it is unclear if the second recited “a first part” “a second prat” and “a two-part mating catch assembly” are the same as the previous recited terms in the same claim.
Claims 14–15 are indefinite because they depend 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 13 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fan et al., US 2016/0183750 A1 (“Fan”).
Regarding claim 13:
Fan discloses a method of installing a filter element (Fan’s pre-motor filter assembly 126, Fan Fig. 5, [0042]) in a housing (Fan’s housing 96, Fan Fig. 5, [0045]) of an air cleaner (Fan’s collection assembly 66, Fan Fig. 5, [0043]); the method comprising:
(a) orienting a filter element into the interior volume of a housing through an access opening in the housing (opening covered by cover 104, Fan Fig. 5, [0059]);
(b) orienting a cover (Fan’s cover 104, Fan Fig. 5, [0059]) over the access opening; and
(c) releasably mating a first part (edge of Fan’s cover 104 that interacts with door latch 112, Fan Fig. 5, [0040]) and second part (Fan’s door latch 112, Fan Fig. 5, [0040]) of a two-part mating catch assembly to secure the cover to the housing (Fig. 5 of Fan show latched position, Fan Fig. 5);
(i) a first part of a two-part mating catch assembly being secured to the cover (Fan’s first part is part of the cover, and it is therefore secured to the cover, Fan Fig. 5);
the first part including a latch member (Fan’s first part acts as the securing mechanism to keep the cover in a latched position, and therefore, it is part of the latch member, Fan Fig. 5, [0040]); and
(ii) a second part of the two-part mating catch assembly being on one of the housing and the filter element (Fan’s second part 112 is located on the housing, Fan Fig. 5, [0040); the second part including one of: a radially inwardly deflectable flange with a flange tab and a fixed housing tab; or a pivoting member (Fan’s second part 112 is a pivoting member, Fan Fig. 5, [0040]).
Allowable Subject Matter
The following is an examiner’s statement of reasons for allowance:
Ackermann et al., US 2010/0186353 A1 (“Ackermann”) is the closest prior art.
Regarding claim 1:
Ackermann discloses, inter alia, an air cleaner assembly 10 comprising a housing 12 having an interior volume and an access opening (best shown in Ackermann Fig. 5) in communication with the interior volume;
a cover 18 removably oriented over the access opening (Ackermann Fig. 2, [0035]);
a filter element 36 removably oriented in the interior volume of the housing, the filter element including radially extending plugs or ribs (Ackermann’s circumferential rim 72, Ackermann Fig. 6, [0053]); and
(d) a two-part mating catch assembly (Ackermann’s grip member 22 and recess 54, Ackermann Fig. 3, [0044]);
(i) a first part of the two-part mating catch assembly being secured to the cover (Ackermann’s grip member 22 is secured to the cover 18, Ackermann Fig. 3, [0044]).
Ackermann does not disclose a second part of the two-part mating catch assembly including a radially inwardly deflectable flange with a flange tab and a fixed housing tab; and wherein the radially extending plugs or ribs are positioned to push the radially inwardly deflectable flange radially outwardly until the flange tab is in axial alignment with the fixed housing tab to allow for engagement with the first part of the two-part mating catch assembly.
It would not have been obvious for one ordinary skill in the art at the time of filing to modify Ackermann for such limitation because none of the prior art shows or renders such limitation as being obvious.
Claims 2–5 would be allowable because they depend on claim 1.
Claims 14–15 are 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 14:
Fan is considered the closest prior art. Fan does not teach a method of releasably mating includes using the plugs or ribs on the filter element to push the radially inwardly deflectable flange radially outwardly to align with the flange tab.
It would not have been obvious for one ordinary skill in the art at the time of filing to modify Fan for such limitation because none of the prior art shows or renders such limitation as being obvious.
Claim 15 would be allowable because it depends on claim 14.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
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
