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 Objections
Claim 1 is objected to because of the following informalities: “material and a a filter” (in lines 2-3) should likely be “material and a filter”. Appropriate correction is required.
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.
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 1-20 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 recites “for priming a high performance gravity fed water filter” is unclear exactly what structure, if any, would be required for use with a high performance filter versus what would be considered a normal filter. Or, specifically what structure would be required for a compatible filter connector. For this reason, the scope of claim 1 is unclear. For the purpose of examination, it is assumed that an outlet having the ability to contact or connect to some sort of compatible filter is considered to meet this limitation. Similarly, it is unclear what exactly what would be considered a high performance water filter as recited in claim 18. For the purpose of examination, it is assumed that a high performance filter is one shown or described to create potable water.
Claim 7 recites the limitation “the exterior side" in line 2. There is insufficient antecedent basis for this limitation in the claim. For the purpose of examination, it is assumed to recite “an exterior side”
Claims 9 and 13 recites “a substantial surface area” and “a substantial amount” it is unclear exactly how much surface area would be required to meet these limitation. For this reason, the scope if unclear. For the purpose of examination, it is assumed that a visible portion of a surface area is considered a substantial surface area.
Claim 19 recites “configured to have at least a contaminant reduction rate of up to 95%” it is noted that “at least” and “up to” appear to be contrary to each other (up to allowing for less than, and at least implying more than). To this degree it is unclear exactly what contaminant reduction rate would meet this limitation. For this reason, the scope of the claim is unclear. For the purpose of examination, it is assumed that a filter intended to have some reduction rate is considered to meet this limitation.
Claims 2-20 are rejected as depending from claim 1 and therefore incorporating the indefinite scope.
Claim Rejections - 35 USC § 102
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, 3-7, and 9-11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gosling et al. (US 2024/0101324 A1)(Gosling).
Regarding claim 1, Gosling discloses a hand-held bag capable of priming a properly sized and configured a high performance gravity fed water filter comprising a water container portion made from flexible material (Abstract) and a filter connector component (Fig. 3) made from a rigid material (noting the device of Fig. 3 is not shown or described to flex under normal use), the water container portion being permanently scaled to the filter connector component (Paragraph 0008); wherein the water container portion has a closed upper end and a bottom end (Figs. 1 and 2); wherein the filter connector component comprises a base section (102 or 120); a handle (noting the extending portions of 124) integrated with an upper side of the base section; and an outlet (58); wherein the handle extends longitudinally along at least substantially the entire diameter the base section; wherein the handle comprises a continuous flange (noting the sealing portion of 124) spanning substantially the diameter of the base section and surrounding said outlet, wherein at least a portion of the bottom end of the water container portion is permanently sealed to a sealing surface of the continuous flange surrounding said outlet (Paragraph 0008); and wherein an interior of said water container portion is in fluid communication with an exterior of the water filter priming bag via said outlet.
Regarding claim 3, Gosling discloses the filter connector component is a threaded filter connector (62, noting the component will connect with a properly sized and configured filter) component for threading to a pitcher gravity fed water filter.
Regarding claim 4, Gosling discloses the outlet, continuous flange and threads of the threaded filter connector component are concentric with one another (Figs. 3 and 5).
Regarding claim 5, Gosling discloses opposite ends of the handle (124) extend longitudinally beyond the perimeter of the upper side of the base section (to the degree that the upper side is considered to be 102).
Regarding claim 6-7, Gosling discloses the continuous flange comprises a sidewall (noting the surfaces of 124) standing upright from the upper side of said base section (to the degree that the upper side is considered to be 120), the sealing surface comprises an upright surface on an exterior side of the flange sidewall.
Regarding claim 9, Gosling discloses the outlet has a cross-sectional area that corresponds to a substantial surface area of a filter inlet of a high performance pitcher gravity fed water filter.
Regarding claim 10, Gosling discloses the upper end of the water container portion incorporates an upper gusset, the upper gusset having a surface area covering the continuous flange (Figs. 2, and 17).
Regarding claim 11, Gosling discloses the outlet comprises a tubular section extending perpendicularly between the upper side and a bottom of said base section (Fig. 16A).
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.
Claim(s) 2 and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gosling et al. (US 2024/0101324 A1)(Gosling) in view of Kobetsky et al. (US 6,860,406 B2)(Kobetsky).
Regarding claim 2, Gosling demonstrates a single piece body, but does not specifically disclose that it is molded.
Kobetsky teaches a similar fitting that is made from molded thermoplastic (Col. 2; Ll. 64-66).
It would have been obvious to one having ordinary skill in the art before the effective filing date to take the device of Gosling and use the teaching of Kobetsky and make the filter connecter by a molding process because such a change would have required a mere choice of a known suitable manufacturing process and would have yielded predictable results.
Regarding claim 8, Gosling does not specifically disclose the continuous flange is a rhombus flange.
Kobetsky demonstrates a rhombus flange (Fig. 3, noting the straight sides that extend between the bend and either end 44).
It would have been obvious to one having ordinary skill in the art before the effective filing date to take the device of Gosling and use the teaching of Kobetsky and make the flange a rhombus flange because such a change would have required a mere change in shape of a component. There is no invention in merely changing the shape or form of an article without changing its function except in a design patent. Eskimo Pie Corp. v. Levous et al., 3 USPQ 23.
Claim(s) 13-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gosling et al. (US 2024/0101324 A1)(Gosling) in view of Asao (JP H10211954 A).
Regarding claim 13, Gosling demonstrates a handheld bag capable of attaching to a properly configured filter but does not specifically disclose a water filter priming system comprising a gravity fed water filter housing; wherein the gravity fed water filter housing has a filter inlet comprising at least one inlet aperture; and wherein, when the hand held water filter priming bag is attached to the gravity fed water filter housing, the filter connector component of the hand held water filter priming bag is substantially sealed to the filter housing, the outlet of the hand held priming bag is disposed adjacent and substantially concentric with the filter inlet, and an aperture of the outlet has an aperture area that covers a substantial amount of the total inlet aperture area(s) of the pitcher gravity fed water filter.
Asao demonstrates a filter attachable to a threaded spout including a gravity fed water filter housing (1); wherein the gravity fed water filter housing has a filter inlet comprising at least one inlet aperture (7); and wherein, when a hand held water container is attached to the gravity fed water filter housing (1), the filter connector component of the hand held water filter priming bag is substantially sealed to the filter housing (Fig. 2), the outlet of the hand held water container is disposed adjacent and substantially concentric with the filter inlet (Fig. 2), and an aperture of the outlet has an aperture area that covers a substantial amount of the total inlet aperture area(s) of the pitcher gravity fed water filter.
It would have been obvious to one having ordinary skill in the art before the effective filing date to take the device of Gosling and attach it to a compatible threaded attachment of a water filter similar to that of Asao because such a change would allow the device of Gosling to act as a reservoir or similar to the reservoir 2 of Asao.
Regarding claim 14, modified Gosling and specifically Asao discloses the filter inlet comprises a plurality of inlet apertures (7) distributed spaced apart over a surface area of the filter housing.
Regarding claims 15-16 modified Gosling and specifically Asao discloses when the hand-held water filter priming bag is attached to the gravity fed water filter housing, the outlet aperture area covers a surface region of the filter housing that comprises at least 50% of the total inlet aperture area(s) of the pitcher gravity fed water filter, and at least 67% of the total inlet aperture area(s) of the pitcher gravity fed water filter (Fig. 2).
Regarding claim 17-18, modified Gosling and specifically Asao discloses filter media enclosed in the filter housing (12a-12c) and the gravity fed water filter is a high performance pitcher gravity fed water filter (to the degree discloses).
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gosling et al. (US 2024/0101324 A1)(Gosling) in view of Asao (JP H10211954 A) applied to claim 18 above, and further in view of Palmer et la. (US 5,914,045 A)(Palmer).
Regarding claim 19, modified Gosling does not specifically disclose an ideal reduction of contaminants being ammonia, calcium hypochlorite, chloramine, chlorine, nitrate, sulfate, lead, and nickel.
Palmer teaches reduction of chlorine and lead among other contaminants.
It would have been obvious to one having ordinary skill in the art before the effective filing dates to take the modified device of Gosling and use the teaching of Palmer and choose a filter medium that is capable of reducing known contaminants because such a change would require a mere choice of a known suitable material in the art. 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.
To the degree that modified Gosling does not specially disclose an ideal reduction rate of 95%, such a change would have required a mere finding of an optimum value. It has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
Allowable Subject Matter
Claim 12 and 20 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
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/M.T.T./Examiner, Art Unit 3734
/NATHAN J NEWHOUSE/Supervisory Patent Examiner, Art Unit 3734
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