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 . This is a first action on the merits of the application. Claims 1-3 are pending.
Drawings
The drawings are objected to under 37 CFR 1.83(a) because they fail to show numeral 14 in Fig. 1 as described in the specification. Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 1-3 are objected to because of the following informalities:
Claim 1 recites “a third valve disposed between said first filter housing” in line 10 which appears to be a misspelling of “a third valve disposed between said first filter housing and said medial inlet;”.
In claims 2-3, The term “claim” is not to be treated as a proper noun, i.e., do not capitalize occurrences of the term “claim” where it appears within a sentence or claim recitation.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “means for rotating said first sprocket” in claim 1-line 40.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Claim 3 is 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 pre-AIA the applicant regards as the invention.
Claim 3 recites “said valve” in line 1. This is considered indefinite for the following reason: Since claim 1 recites first valve, second valve, third valve, and fourth valve, it is unclear what the limitation “said valve” implies, i.e., one or more, or all of the first valve, second valve, third valve, and fourth valve.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 2 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 3 fails to add a further limitation to the subject matter of claim 1.
Claim 1 recites “means for rotating said first sprocket” in line 40.
However, claim 2 recites “said means for rotating said first sprocket and said second sprocket”. This is considered for failing to include all the limitations of the claim upon which it depends.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Allowable Subject Matters and Allowed claims
Claims 1-3 in the instant application are allowed if previously presented objection to claims 1-3, U.S.C. 112(f) issues, 35 U.S.C. 112(b) rejections to claim 3, and 35 U.S.C. 112(d) rejections to claim 2 are resolved.
The following is an examiner’s statement of reasons for allowance: A thorough search for pertinent prior art did not locate any prior art that discloses or suggests the invention recited in claims 1-3. The concept of a duplex filter device, comprising:
a pair of vertical filter housings defining a first filter housing and a second filter housing;
a top horizontal conduit connecting a top portion of said first filter housing and said second filter housing and a bottom horizontal conduit connecting a bottom portion of said first filter housing and said second filter housing;
said top horizontal conduit including an medial inlet for fluid flow and said bottom horizontal conduit including an medial outlet for fluid flow;
said top horizontal conduit including a first valve disposed between said first filter housing and said medial inlet and a second valve disposed between said second filter housing and said medial inlet, and a third valve disposed between said first filter housing and said medial inlet;
said bottom horizontal conduit including a third valve disposed between said first filter housing and said medial inlet and a fourth valve disposed between said second filter housing and said medial inlet;
a first top head assembly attaching to said first filter housing including a removable first cover providing a fluid tight seal therewith and including a rotatable vertical shaft supporting said first cover in a raised position providing clearance for removal of a filter element from said first filter housing for inspection or replacement;
a second top head assembly attaching to said second filter housing including a removable second cover providing a fluid tight seal therewith and including a rotatable vertical shaft supporting said second cover in a raised position providing clearance for removal of a filter element from said second filter housing for inspection or replacement;
a first hydraulic jack supported by a first bracket on said first filter housing, said first hydraulic jack including a first hydraulic piston in cooperative engagement with said rotatable vertical shaft for lifting said first cover in a raised position;
a second hydraulic jack supported by a second bracket on said second filter housing, said second hydraulic jack including a second hydraulic piston in cooperative engagement with said rotatable vertical shaft for lifting said second cover in a raised position;
a manually rotatable changeover device including a plurality of gear operators for rotating said first valve, said second valve, said third valve, and said fourth valve into predetermined positions comprises a first gear operator coupled to a first shaft in cooperative engagement with said first valve, a second gear operator coupled to a second shaft in cooperative engagement with said second valve, a third gear operator coupled to a third shaft in cooperative engagement with said third valve, and a fourth gear operator coupled to a fourth shaft in cooperative engagement with said fourth valve, said first shaft and said third shaft are coupled together in vertical alignment and said second shaft and said fourth shaft are coupled together in vertical alignment;
a first sprocket supported by and cooperatively engaging said first shaft and said third shaft, and a second sprocket supported by and cooperatively engaging said second shaft and said fourth shaft are coupled together by a roller chain; and
means for rotating said first sprocket extends from a top distal end of said first shaft or said second shaft and said first gear operator, said second gear operator, said third gear operator and said fourth gear operator are coupled together for simultaneously opening/closing of said first valve, said second valve, said third valve, and said fourth valve to a predetermined position by manually turning one valve operator hand wheel (claim 1), is considered novel.
The closest prior art to Miller (US 4,786,409) discloses duplex filter apparatus, comprising: (i) a valve housing with a vertical central bore having an inlet port, an outlet port, a pair of inlet openings communicable with said inlet port and a pair of outlet openings communicable with said outlet port, said inlet and outlet openings comprising short transverse bores in said valve housing, (ii) a pair of filter element housings each having an element inlet port and an element outlet port in fluid communication with said inlet and outlet openings of said valve housing, (iii) a filter element disposed in each element housing between said respective element inlet and outlet ports, (iv) a cylindrical plug valve in said housing central bore, said plug valve having respective upper and lower cylindrical peripheral sealing surfaces surrounding respective upper and lower chambers and having respective upper valve inlets and upper valve outlet and lower valve inlet and lower valve outlets, said plug valve being rotatable in said housing bore to alternatively dispose said valve inlets and outlets in fluid communication with said housing inlet and outlet ports for alternate fluid flow through said filter elements, said peripheral sealing surfaces being positioned adjacent said respective housing inlet and outlet openings, and (v) tubular seal means disposed in said housing inlet and outlet openings in engagement with said peripheral sealing surfaces for sealing between said valve housing and said plug valve in both of the alternate positions of said plug valve, said seal means being guided in said inlet and outlet openings for axial movement toward and away from said plug valve, each said seal means being a short tube having a radial outer cylindrical peripheral surface supported and slidably received in a respective transverse valve housing bore and having an axially inner sealing edge formed in a cylindrical curve matching said peripheral sealing surface of said plug valve, and annular wave spring means in engagement with the axially outer edge of said seal means, biasing said seal means toward said plug valve for sealing engagement therewith.
A pertinent prior art to Stifelman et al. (US 4,615,800) discloses a filter apparatus having a main inlet and a main outlet, said apparatus comprising: (i) primary and secondary filters in parallel between said main inlet and said main outlet; (ii) first and second means for checking reverse fluid flow into said primary and secondary filters, respectively; (iii) a manual shut-off valve between said primary filter and said main inlet; (iv) means for regulating fluid flow between said primary and secondary filters as a function of differential pressure across said primary filter, said regulating means including a main bypass valve, said main bypass valve including means for sensing differential pressure across said primary filter from upstream of said shut-off valve to downstream of said first checking means, said main bypass valve further including means for keeping said valve closed until a predetermined level of differential pressure is sensed by said sensing means; and a secondary bypass valve, said secondary bypass valve including second means for sensing differential pressure across said secondary filter, said secondary bypass valve further including second means for keeping said secondary bypass valve closed until a predetermined level of differential pressure across said secondary filter is sensed by said second sensing means, said secondary bypass valve being connected to divert flow from said secondary filter to a reservoir when the differential pressure across said secondary filter reaches the predetermined level.
Other pertinent prior art to Brown (US 3,618,781) discloses a device for providing a duplex fluid path comprising: (i) a housing having an inlet port and an outlet port; (ii) a pair of chambers each having an inlet and an outlet means respectively adapted to be connected to said inlet port and outlet port; (iii) fluid-treating means disposed in each chamber between its associated inlet and outlet means; (iv) a partition disposed between said chambers; (v) a pair of valve members carried by said partition, one of said valve members being adapted to be shifted from a first position for providing a connection of the inlet port to the inlet means of one of the chambers to a second position for providing a connection of the inlet port to the inlet means of the other of said chambers; the other of said valve members being adapted to be shifted from a first position for providing a connection of said outlet port to the outlet means of one of said chambers to a second position for providing a connection of said outlet port to the outlet means of the other of said chambers; (vi) means for shifting said one valve member from its first position to its second position; said partition having a bore extending therethrough, the opposite ends of said partition bore having valving surfaces formed therein, said valve members being disposed in said valving surfaces at the opposite ends of said partition bore for relative movement therewith; (vii) a rod rotatably mounted in said bore; and a pair of universal links carried at the opposite ends of said rod for coupling said rod to each of said valve members for compensating for misalignment between said valve members and their associated valving surfaces, whereby, as said one valve member is shifted from its first position to its second position, said rod shifts said second valve member from its first position to its second position.
Other pertinent prior art to Liddell (US 3,154,485) discloses a duplex filter plant comprising a pair of filter units, a conduit connected with each unit for delivering liquid to be filtered, a second conduit connected with each unit for receiving liquid filtered by said unit, a rotary valve plug for controlling the flow of liquid through each said filter unit, a manually rotatable changeover device for rotating said valve plugs into one pre-determined position such that one of the units is connected in service to filter liquid and the other unit is withdrawn from service and isolated from said conduits and into a second pre-determined position such that the said other unit is brought into service to filter liquid and the first mentioned unit is withdrawn from service and isolated from said conduits, manually operable drain valve means connected with said units for reconnecting said conduits with the unit withdrawn from service so as to initiate a reflux flow of filtered liquid through the filter unit withdrawn from service and means operable positively to prevent the operation of said drain valve means except when the manually rotatable changeover device is in one of its said pre-determined positions.
Other pertinent prior art to Cooper (US 4,274,445) discloses a pressure-balanced three-way transfer valve for controlling fluid flow into one of two fluid lines, comprising, in combination: (1) a housing; (2) a valve chamber in the housing; (3) first, second and third fluid flow ports in the housing; (4) first, second and third fluid flow passages in the housing, intercommunicating the valve chamber with the first, second and third fluid flow ports; (5) a first valve member in the valve chamber movable between open and closed positions across the first fluid flow passage, and controlling flow through the first fluid flow port; (6) a second valve member in the valve chamber movable between open and closed positions across the second fluid flow passage, and controlling flow through the second fluid flow port; (7) first cam-following valve-actuating means in the valve chamber operatively connected to the first valve member; (8) second cam-following valve-actuating means in the valve chamber operatively connected to the second valve member; (9) a cam in the housing separated from the valve chamber and exposed to a pressure lower than fluid pressure; (10) means for moving the cam between the first and second positions, thereby opening and closing the valves; (11) a first pressure-equalizing chamber defined by the first cam-following valve-actuating means and the first valve member; (12) a second pressure-equalizing chamber defined by the second cam-following valve-actuating means and the second valve member; (13) a first fluid passage through the first cam-following valve-actuating means intercommunicating the pressure lower than fluid pressure with the first pressure-equalizing chamber; (14) a second fluid passage through the second cam-following valve-actuating means intercommunicating the pressure lower than fluid pressure with the second pressure-equalizing chamber; (15) the first and second valve members each having pressure-receiving surfaces exposed to fluid pressure in the valve chamber and opposed pressure-receiving surfaces exposed to a pressure lower than fluid pressure in the pressure-equalizing chamber; (16) the first and second cam-following valve-actuating means each having pressure-receiving surfaces exposed to fluid pressure in the valve chamber and opposed pressure-receiving surfaces exposed to pressure lower than fluid pressure; and (17) the opposed pressure-receiving surfaces of the first and second valve members and first and second cam-following valve-actuating means being of such surface areas that the fluid pressure and lower pressure acting on the opposing pressure-receiving surfaces of the cam-following valve actuating means and valve members are substantially balanced; whereby such fluid pressures do not interfere with movement of the first and second valve members.
The cited prior arts, alone or in combination, do not teach or suggest a duplex filter device, comprising the feature of linking four large-bore valve gear operators so a user can change all four valve positions by turning a single handwheel, allowing one filter housing to be placed in service while the other is isolated and hydraulic lift assist to raise the heavy top covers for filter access, as recited in claimed invention.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YOUNGSUL JEONG whose telephone number is (571)270-1494. The examiner can normally be reached on Monday-Friday 9AM-5PM.
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/YOUNGSUL JEONG/Primary Examiner, Art Unit 1772
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