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 Rejections - 35 USC § 102
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.
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.
Claim(s) 1-2 and 7-8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by McGinness et al. US 5,486,290.
Claims 1 and 7, McGinness teaches a filter assembly comprising: a connecting cover (46) including a tubular wall (70) surrounding an axis, a partition plate (forming 78, 80) connected transversely to the tubular wall, and at least two clamping rings (68) protruding from the partition plate, the tubular wall having an inner wall surface, the partition plate extending in a transverse direction that is transverse to the axis, and having two abutment surfaces (78, 80) that are opposite to each other and a through hole (formed by 60) that is in spatial communication with the abutment surfaces, the inner wall surface and the abutment surfaces cooperatively defining two insertion slots each of which opens unidirectionally, the clamping rings respectively protruding from the abutment surfaces, and two filter tubes (40) mounted respectively to the insertion slots, each of the filter tubes having two ends surfaces that are opposite to each other along the axis, an outer annular surface that interconnects peripheries of the end surfaces, and an inner hole (at 44) that is aligned with the axis and that is in spatial communication with the through hole, for each of the filter tubes, one of said end surfaces (94, 96) that is adjacent to the connecting cover abutting against a corresponding one of the abutment surfaces, the clamping rings being respectively inserted into the filter tubes (fig. 1-7).
Claims 2 and 8, McGinness further teaches the clamping rings of the connecting cover are disposed around the axis, protrude respectively from the abutment surfaces and are positioned in a corresponding manner in the transverse direction (fig. 1-7).
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) 3-6 and 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over McGinness et al. US 5,486,290.
Claims 3 and 9, McGinness teaches the clamping rings of the connecting cover are disposed around the axis, protrude respectively from the abutment surfaces (fig. 1-7) but do not teach the clamping rings being positioned in an offsetting manner in the transverse direction. The recitation of the rings protruding in an offsetting manner is a recitation of a rearrangement of the parts taught in the prior art. Shifting the position of an element is unpatentable if shifting the position of the element would not modify the operation of the device, In re Japikse, 86 USPQ 70 (1950). Having the rings arranged in an offset manner would not modify the operation of the device as rings would still be able to engage with the filter tubes.
Claims 4 and 10, McGinness further teaches the connecting cover including an engaging bar disposed about the axis protruding from the inner wall surface and extending toward one of the insertion slots, the tubular wall being tapered (fig. 1-7). The recitation of a plurality of engaging bars is a recitation of providing multiple discrete bars rather than one single bar, as in the prior art, and is nothing more than providing a duplication of parts rather than one part. Mere duplication of parts has no patentable significance unless a new and unexpected result is produced, In re Harza, 124 USPQ 378 (1960).
Claim 5, McGinness further teaches the outer annular surfaces of the filter tubes abutting against the inner wall surface and the taper of the tubular wall is inserted into one of the filter tubes (fig. 5). The recitation of the cross section of the bars being triangular is a recitation of the relative shape of the bars. The configuration of the apparatus is a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration is significant, In re Dailey, 149 USPQ 47 (1966).
Claim 6, McGinness further teaches the taper of the tubular wall has a bottom portion that is connected to the partition plate, a top end portion that is opposite to the bottom end portion and that is adjacent to an opening of a corresponding one of the insertion slots, and a guiding taper portion that is connected to the tope end portion, a cross-sectional area of the taper portion that is parallel to the transverse direction gradually decreasing in a direction from the bottom end portion to the top end portion, a cross-sectional area of the taper that is parallel to the transverse direction gradually decreasing in a direction from the top end portion to the opening of the corresponding one of the insertion slots (fig. 3-5).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 6,270,668 Morgan et al.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BENJAMIN M KURTZ whose telephone number is (571)272-8211. The examiner can normally be reached Monday-Friday 8:30-5.
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/BENJAMIN M KURTZ/Primary Examiner, Art Unit 1779
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