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 Status
Claims 1-15 are rejected.
Claim Objections
Claims 1-15 are objected to because of the following informalities:
Claim 1: “Water filter” in line 1 should be replaced with --A water filter--.
Claims 2-13: “Water filter” in line 1 should be replaced with --The water filter--.
Claim 14: “Method” in line 1 should be replaced with --A method--.
Claim 15: “Method” in line 1 should be replaced with --The method--.
Appropriate correction is required.
Claim Rejections - 35 USC § 102/103
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 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) 1-4 and 6-13 are rejected under 35 U.S.C. 103 as being unpatentable over Scholz et al. (DE102007013203A1) [hereinafter Scholz] [citations are based on English Machine Translation].
With respect to claim 1, Scholz discloses a treatment device 1, as shown in Fig. 1, having: a filter candle 3 (filter holder) comprising a communication element 29 (position sensor), as shown in Fig. 1; and a connection head 2 (container) that is couplable to the filter holder 3, as shown in Fig. 1, comprising: a throttle unit 9 (passage element) being movable relative to a container opening 10, 11, of the container 2 and having recesses 34-37 (passage opening), as shown in Fig. 1; an input line 4 (feed) for feeding water to the passage element 9, as shown in Fig. 1; and an actuator 22 (adjusting device) for adjustably positioning the passage element 9 having the passage opening 37-37 relative to the container 2 having the container opening 10, 11, as shown in Fig. 1; and a communication element 28 (emitter), as shown in Fig. 1, the emitter 28 being configured to interact with the position sensor 29, as shown in Fig. 1 (see paragraph 0093 of English Machine Translation). Scholz does not disclose the limitation “so that the position sensor is configured to output a position signal indicative of a position of the passage element having the passage opening”. However, this limitation has been considered to be a functional recitation of the claimed invention which must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. In this case, Scholz teaches all the claimed structure, and therefore, it is inherent and/or obvious that it is capable of performing the claimed function.
With respect to claim 2, Scholz discloses wherein the container 2 comprises at least one filter element 3, as shown in Fig. 1.
With respect to claim 3, Scholz discloses wherein the container 2 comprises: a first filter element having a first filter function (see paragraphs 0018-0019 of English Machine Translation); a second filter element having a second filter function different than the first filter function (see paragraphs 0018-0019 of English Machine Translation); wherein the passage element 9 is configured for setting the ratio between a first flow rate through the first filter element and a second flow rate through the second filter element depending on the position of the adjusting device 22 (see paragraphs 0094-0101 of English Machine Translation).
With respect to claim 4, Scholz discloses wherein the emitter 28 and the position sensor 29 are configured to contactlessly determine the position signal, as shown in Fig. 1 (see paragraph 0085 of English Machine Translation).
With respect to claim 6, Scholz discloses a control unit 24 (evaluation device) that is configured for determining a depletion state of the at least one filter element based on the position signal (see paragraphs 0091-0093 of English Machine Translation).
With respect to claim 7, Scholz discloses a quantity sensor connected to the evaluation device 24 for determining a quantity of water filtered by the water filter, the evaluation device 24 being configured to further determine the depletion state on the basis of the quantity of water (see paragraphs 0091-0093 of English Machine Translation).
With respect to claim 8, Scholz discloses a transponder 26, 27, 28, permanently connected to the container 2 as shown in Fig. 1; a reader 24 for receiving a transponder signal transmitted by the transponder 26, 27, 28, as shown in Fig. 1.
With respect to claim 9, Scholz discloses wherein the transponder signal comprises one or more selected from the group consisting of the following: a container identifier; a container type identifier; one or more container property values; and one or more container depletion state values (see paragraphs 0091-0093 of English Machine Translation).
With respect to claim 10, Scholz discloses wherein the reader is configured to write values to a memory of the transponder (see paragraphs 0091-0093 of English Machine Translation).
With respect to claim 11, Scholz discloses wherein the values comprise one or more selected from the group consisting of: container property values, and container depletion state values (see paragraphs 0091-0093 of English Machine Translation).
With respect to claim 12, Scholz discloses wherein the adjusting device 22 is configured to adjustably position the passage element 9 relative to the container opening 10, 11, by a rotation about an axis, as shown in Fig. 1.
With respect to claim 13, Scholz lacks the filter being configured for filtering water in a household at a maximum flow rate of 20 liters/min. However, this limitation has been considered to be a functional recitation of the claimed invention which must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. In this case, Scholz teaches all the claimed structure, and therefore, it is inherent and/or obvious that it is capable of performing the claimed function.
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) 5 is rejected under 35 U.S.C. 103 as being unpatentable over Scholz (DE102007013203A1) in view of Chandra et al. (US 2019/0351352) [hereinafter Chandra].
With respect to claim 5, Scholz lacks wherein the emitter comprises a permanent magnet, and wherein the position sensor comprises a magnetic field sensor.
Chandra discloses a water filter assembly 200, as shown in Fig. 5, having a filter cartridge 220 including a first magnetic member 272 and a second magnetic member 274 connected to respective magnets 300, 310, of manifold 210, as shown in Fig. 5. When the filter cartridge 220 is mounted to the manifold 210, the magnetic member 272, 274, is received within the cavity of the manifold 210 such that a conducting coil surrounds at least a portion of the magnetic member and the magnetic member is attracted to the magnet (see paragraph 0007). The method also includes inducing a magnetic field such that the magnetic member of the filter cartridge is repelled from the magnet of the manifold (see paragraph 0008). This interconnection facilitates mounting and removal of a water filter cartridge to and from a manifold (see abstract). It would have been obvious to one of ordinary skill in the art to provide the device disclosed by Scholz with a permanent magnet and a magnetic field sensor, as taught by Chandra, in order to facilitate mounting and removal of the filter to and from a manifold/head (see abstract).
Claim(s) 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Scholz (DE102007013203A1).
With respect to claim 14, Scholz discloses a treatment device 1, as shown in Fig. 1, having: a filter candle 3 (filter holder) comprising a communication element 29 (position sensor), as shown in Fig. 1; and a connection head 2 (container) that is couplable to the filter holder 3, as shown in Fig. 1, comprising: a throttle unit 9 (passage element) being movable relative to a container opening 10, 11, of the container 2 and having recesses 34-37 (passage opening), as shown in Fig. 1; an input line 4 (feed) for feeding water to the passage element 9, as shown in Fig. 1; and an actuator 22 (adjusting device) for adjustably positioning the passage element 9 having the passage opening 37-37 relative to the container 2 having the container opening 10, 11, as shown in Fig. 1; and a communication element 28 (emitter), as shown in Fig. 1, the emitter 28 being configured to interact with the position sensor 29, as shown in Fig. 1 (see paragraph 0093 of English Machine Translation); adjusting a position of the passage element 9 having the passage opening 34-37 relative to the container 2 having the container opening 10, 11, in order to adjust the water filter (see paragraphs 0095-0099 of English Machine Translation).
Scholz lacks the position sensor being configured to output a position signal indicative of a position of the passage element having the passage opening, the method comprising: determining the position of the passage element using the position sensor. However, this would have been obvious to one of ordinary skill in the art since Schulz teaches the communications elements 28, 29, that indicates the state of the filter candle and transmits candle-specific data to the control unit (see paragraph 0093 of English Machine Translation) once the connection between the container 2 and the filter holder 3 is establish, as shown in Fig. 1, and which will indicate a position of the passage element, i.e., connected position or not connected position. Furthermore, it would have been obvious to one of ordinary skill in the art to program the control unit of Scholz to perform a desired function according to a desired application, and the position of the passage element may be a desired function.
With respect to claim 15, Scholz discloses determining a quantity of water filtered by the water filter; determining a depletion state of the water filter based on the filtered quantity of water and the position of the passage element (see paragraphs 0091-0093 of English Machine Translation).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-15 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-16 of copending Application No. 18/768,546 in view of Scholz (DE102007013203A1). Copending Application No. 18/768,546 claims all the claimed subject matter except a filter holder having a position sensor and an emitter. Scholz teaches these limitations, as stated above, and it would have been obvious to modify copending Application No. 18/768,546 in order to properly connect the filter to a holder to filter a fluid.
This is a provisional nonstatutory double patenting rejection.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Wieczorek (US 2008/0179236) and Li et al. (US 2020/0001211) teach filter element having magnetic connection means. Huck et al. (US 2025/0019261) discloses related water filter.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MADELINE GONZALEZ whose telephone number is (571)272-5502. The examiner can normally be reached M-F 9-5:30.
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/MADELINE GONZALEZ/Primary Examiner, Art Unit 1773
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