DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
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.
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Claims 1 and 31 - 49 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 – 37 of U.S. Patent No. 10,556,198 in view of US Patent No. 4,504,293 to Gillingham (hereinafter referred to as Gillingham). In regard to independent claim 1, the claims of ‘198 patent disclose a filter system comprising: a housing comprising a tubesheet separating the housing into a dirty air chamber and a clean air chamber; a plurality of spacer elements attached to the tubesheet, wherein each spacer element of the plurality of spacer elements comprises a clean air inlet and a clean air outlet, and wherein the clean air inlet of each spacer element of the plurality of spacer elements is located in the dirty air chamber; a plurality of apertures in the tubesheet, wherein each spacer element of the plurality of spacer elements is positioned over an aperture of the plurality of apertures in the tubesheet such that air passing from the dirty air chamber into the clean air chamber through each spacer element of the plurality of spacer elements passes through the aperture, a plurality of filter elements, wherein each filter element of the plurality of filter elements is attached to the clean air inlet of one spacer element of the plurality of spacer elements; and a dirty air inlet attached to the housing, wherein the dirty air inlet is configured to deliver a dirty air stream into the dirty air chamber. The claims of the ‘198 patent require a dirty air inlet with a dirty air flow axis that extends through or passes at least one spacer element. Given this arrangement, the dirty air inlet is inherently configured to deliver the dirty air stream to at least one of: directly onto, past, and between the spacer elements, and wherein some of the particulate matter in the dirty air stream are deposited to at least one of: directly onto, past, and between the spacer elements, and into the hopper without ever reaching the filter elements. The claims of the ‘198 patent do not specifically disclose the housing having an upper wall with the dirty air inlet attached to the upper wall, and an end wall panel, wherein each spacer element and the filter element attached to each spacer element extend across the dirty air chamber from the tubesheet to the end wall panel. Gillingham discloses a similar filter system, as shown in figures 1 – 6. The dirty air inlet (14) is shown to be provided in an upper wall panel, where the dirty air can be directed toward a hopper (17) below. The element elements (20) are shown to extend between a tubesheet (10) and an end wall panel (not numbered) of the housing. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the filter system of the claims of the ‘198 patent to form the housing with the upper wall panel having the dirt air inlet and the end wall panel opposite the tubesheet which the spacer element and filter element can extend between as suggested by Gillingham as this is a known arrangement for a housing for this type of filter system. Claims 1 – 37 of the ‘198 further disclose all of the features in claims 31 – 49 of the present application.
Claims 1 and 31 – 49 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 – 23 of U.S. Patent No. 11,123,671 in view of Gillingham. In regard to independent claim 1, the claims of ‘671 patent disclose a filter system comprising: a housing comprising a tubesheet separating the housing into a dirty air chamber and a clean air chamber; a plurality of spacer elements attached to the tubesheet, wherein each spacer element of the plurality of spacer elements comprises a clean air inlet and a clean air outlet, and wherein the clean air inlet of each spacer element of the plurality of spacer elements is located in the dirty air chamber; a plurality of apertures in the tubesheet, wherein each spacer element of the plurality of spacer elements is positioned over an aperture of the plurality of apertures in the tubesheet such that air passing from the dirty air chamber into the clean air chamber through each spacer element of the plurality of spacer elements passes through the aperture, a plurality of filter elements, wherein each filter element of the plurality of filter elements is attached to the clean air inlet of one spacer element of the plurality of spacer elements; and a dirty air inlet attached to the housing, wherein the dirty air inlet is configured to deliver a dirty air stream into the dirty air chamber. The claims of the ‘671 patent require a dirty air inlet with a dirty air flow axis that extends through or passes at least one spacer element, where at least a portion of particulate matter entering the dirty air chamber passes directly into the hopper without contacting any filter element. Given this arrangement, the dirty air inlet is inherently configured to deliver the dirty air stream to at least one of: directly onto, past, and between the spacer elements, and wherein some of the particulate matter in the dirty air stream are deposited to at least one of: directly onto, past, and between the spacer elements, and into the hopper without ever reaching the filter elements. The claims of the ‘671 patent do not specifically disclose the housing having an upper wall with the dirty air inlet attached to the upper wall, and an end wall panel, wherein each spacer element and the filter element attached to each spacer element extend across the dirty air chamber from the tubesheet to the end wall panel. Gillingham discloses a similar filter system, as shown in figures 1 – 6. The dirty air inlet (14) is shown to be provided in an upper wall panel, where the dirty air can be directed toward a hopper (17) below. The element elements (20) are shown to extend between a tubesheet (10) and an end wall panel (not numbered) of the housing. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the filter system of the claims of the ‘671 patent to form the housing with the upper wall panel having the dirt air inlet and the end wall panel opposite the tubesheet which the spacer element and filter element can extend between as suggested by Gillingham as this is a known arrangement for a housing for this type of filter system. Claims 1 – 23 of the ‘671 further disclose all of the features in claims 31 – 49 of the present application.
Claims 1 and 31 – 49 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 – 20 of U.S. Patent No. 11,745,133 in view of Gillingham. In regard to independent claim 1, the claims of ‘133 patent disclose a filter system comprising: a housing comprising a tubesheet separating the housing into a dirty air chamber and a clean air chamber; a plurality of spacer elements attached to the tubesheet, wherein each spacer element of the plurality of spacer elements comprises a clean air inlet and a clean air outlet, and wherein the clean air inlet of each spacer element of the plurality of spacer elements is located in the dirty air chamber; a plurality of apertures in the tubesheet, wherein each spacer element of the plurality of spacer elements is positioned over an aperture of the plurality of apertures in the tubesheet such that air passing from the dirty air chamber into the clean air chamber through each spacer element of the plurality of spacer elements passes through the aperture, a plurality of filter elements, wherein each filter element of the plurality of filter elements is attached to the clean air inlet of one spacer element of the plurality of spacer elements; and a dirty air inlet attached to the housing, wherein the dirty air inlet is configured to deliver a dirty air stream into the dirty air chamber. The claims of the ‘133 patent require a dirty air inlet with a dirty air flow axis that extends through or passes at least one spacer element, where at least a portion of particulate matter entering the dirty air chamber passes directly into the hopper without contacting any filter element. Given this arrangement, the dirty air inlet is inherently configured to deliver the dirty air stream to at least one of: directly onto, past, and between the spacer elements, and wherein some of the particulate matter in the dirty air stream are deposited to at least one of: directly onto, past, and between the spacer elements, and into the hopper without ever reaching the filter elements. The claims of the ‘133 patent do not specifically disclose the housing having an upper wall with the dirty air inlet attached to the upper wall, and an end wall panel, wherein each spacer element and the filter element attached to each spacer element extend across the dirty air chamber from the tubesheet to the end wall panel. Gillingham discloses a similar filter system, as shown in figures 1 – 6. The dirty air inlet (14) is shown to be provided in an upper wall panel, where the dirty air can be directed toward a hopper (17) below. The element elements (20) are shown to extend between a tubesheet (10) and an end wall panel (not numbered) of the housing. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the filter system of the claims of the ‘133 patent to form the housing with the upper wall panel having the dirt air inlet and the end wall panel opposite the tubesheet which the spacer element and filter element can extend between as suggested by Gillingham as this is a known arrangement for a housing for this type of filter system. Claims 1 – 20 of the ‘133 further disclose all of the features in claims 31 – 49 of the present application.
Claims 1 and 31 – 49 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 – 20 of U.S. Patent No. 12,134,060 in view of Gillingham. In regard to independent claim 1, the claims of ‘060 patent disclose a filter system comprising: a housing comprising a tubesheet separating the housing into a dirty air chamber and a clean air chamber; a plurality of spacer elements attached to the tubesheet, wherein each spacer element of the plurality of spacer elements comprises a clean air inlet and a clean air outlet, and wherein the clean air inlet of each spacer element of the plurality of spacer elements is located in the dirty air chamber; a plurality of apertures in the tubesheet, wherein each spacer element of the plurality of spacer elements is positioned over an aperture of the plurality of apertures in the tubesheet such that air passing from the dirty air chamber into the clean air chamber through each spacer element of the plurality of spacer elements passes through the aperture, a plurality of filter elements, wherein each filter element of the plurality of filter elements is attached to the clean air inlet of one spacer element of the plurality of spacer elements; and a dirty air inlet attached to the housing, wherein the dirty air inlet is configured to deliver a dirty air stream into the dirty air chamber. The claims of the ‘060 patent require a dirty air inlet with a dirty air flow axis that extends through or passes at least one spacer element, where at least a portion of particulate matter entering the dirty air chamber passes directly into the hopper without contacting any filter element. Given this arrangement, the dirty air inlet is inherently configured to deliver the dirty air stream to at least one of: directly onto, past, and between the spacer elements, and wherein some of the particulate matter in the dirty air stream are deposited to at least one of: directly onto, past, and between the spacer elements, and into the hopper without ever reaching the filter elements. The claims of the ‘060 patent do not specifically disclose the housing having an upper wall with the dirty air inlet attached to the upper wall, and an end wall panel, wherein each spacer element and the filter element attached to each spacer element extend across the dirty air chamber from the tubesheet to the end wall panel. Gillingham discloses a similar filter system, as shown in figures 1 – 6. The dirty air inlet (14) is shown to be provided in an upper wall panel, where the dirty air can be directed toward a hopper (17) below. The element elements (20) are shown to extend between a tubesheet (10) and an end wall panel (not numbered) of the housing. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the filter system of the claims of the ‘060 patent to form the housing with the upper wall panel having the dirt air inlet and the end wall panel opposite the tubesheet which the spacer element and filter element can extend between as suggested by Gillingham as this is a known arrangement for a housing for this type of filter system. Claims 1 – 20 of the ‘060 further disclose all of the features in claims 31 – 49 of the present application.
Conclusion
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/ROBERT CLEMENTE/Primary Examiner, Art Unit 1773
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