DETAILED ACTION
For this Office action, Claims 1-27 are pending.
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 § 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 1-26 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, upon which Claims 2-26 are dependent, recites “a filter element for filtering a liquid, in particular oil…” (Line 2). This limitation is considered indefinite because the claim language is unclear whether the liquid should be hydraulic oil or can be any liquid to read on the claim. For purposes of this examination, the examiner will assume the liquid should be hydraulic oil.
Claim 13 is additionally rejected under 35 U.S.C. 112(b) for reciting that at least one of the at least one charge adsorption element or said filter element are floating. This limitations is considered indefinite because the claim language is unclear where or on what the elements are floating, whether it be the oil being processed or something else (see that no liquid reservoirs or bodies of liquid are recited in Claim 13 or Claim 1). While no prior art is to be applied in this Office action due to the indefinite nature of the claim, applicant is advised prior art could be applied if an amendment is made that makes the claim more definite.
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.
Claims 1-6, 9-22 and 24-27 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Smith et al. (herein referred to as “Smith”, US 5830371; found in IDS filed 10/22/2024).
Regarding instant Claim 1, Smith discloses an arrangement (Abstract; Figure 1; fluid filter), comprising:
a filter element for filtering a liquid, in particular hydraulic oil, said filter element having at least one filter layer with a filter layer surface (Figure 2; Col. 1, Lines 8-10; Col. 4, Line 55-Col. 5, Line 20; element 12 with outer wall 64; may be used for hydraulic fluid/oil);
at least one charge adsorption element for receiving electrically charged particles of the liquid, said at least one charge adsorption element being connected downstream of said filter element in a direction of flow (Figure 2; Col. 4, Line 55-Col. 5, Line 30; inner cylindrical wall 66 made of metallic wire which would attract electrically charged particles due to electrical conductivity);
said filter element and said at least one charge adsorption element being electrically conductive (Col. 5, Line 21-30; both features are made of metallic wire);
said filter layer surface and said at least one charge adsorption element configured to be passed through by the liquid, with a charge separation taking place on said filter layer surface as the liquid flows through (Figure 2; Col. 4, Line 55-Col. 5, Line 30; see flow of unfiltered fluid compartment 48, partially filtered fluid compartment 74, and hollow core 68; metallic wires of 64 and 66 would cause charge separation for charged particles in fluid); and
said at least one charge adsorption element being electrically connected to said filter element, causing the charge separation to be equalized between said at least one charge adsorption element and said filter surface during operation (Figure 2; Col. 4, Line 55-Col. 5, Line 30; Col. 5, Lines 31-52; electrical connection in metallic rings 65, 67 which would connect the inner and outer cylindrical walls 66 and 64).
Regarding instant Claim 2, Claim 1, upon which Claim 2 is dependent, has been rejected above. Smith further discloses wherein said at least one charge absorption element has a plurality of surface portions configured to receive the electrically charged particles during operation, said surface portions being disposed in succession at least in portions in the direction of flow (Figure 2; Col. 4, Line 55-Col. 5, Line 30; wall 66 is comprised of metallic wire mesh with plurality of charge elements, see that mesh goes in upwards direction toward fluid exit due to its cylindrical configuration).
Regarding instant Claim 3, Claim 2, upon which Claim 3 is dependent, has been rejected above. Smith further discloses wherein said at least one charge adsorption element has at least one electrically conductive material structure formed from a plurality of cells following one another at least in portions in the direction of flow (Figure 2; Col. 4, Line 55-Col. 5, Line 30; see metallic wire mesh is entirely electrically conductive throughout).
Regarding instant Claim 4, Claim 3, upon which Claim 4 is dependent, has been rejected above. Smith further discloses wherein said cells have a plurality of cell webs, each of said plurality of cell webs having at least one surface portion receiving the electrically charged particles during operation (Figure 2; Col. 4, Line 55-Col. 5, Line 30; mesh forms cell webs, wherein the cells are the individual mesh holes, surface of wire attracts particles).
Regarding instant Claim 5, Claim 3, upon which Claim 5 is dependent, has been rejected above. Smith further discloses wherein said at least one electrically conducive material structure is a three-dimensional matrix (Figure 2; Col. 4, Line 55-Col. 5, Line 30; cylindrical structure of inner cylindrical wall 66, along with metallic wire mesh).
Regarding instant Claim 6, Claim 3, upon which Claim 6 is dependent, has been rejected above. Smith disclosed wherein said at least one charge adsorption element has a three-dimensional outer contour defining at least one interior space through which flow can pass, said at least one electrically conductive material structure for receiving electrically charged particles at least partially or completely filling said at least one interior space (Figure 2; Col. 4, Line 55-Col. 5, Line 30; outer contour is outer surface of inner cylindrical wall 66; space that mesh occupies and channels of mesh are interior space which liquid flows).
Regarding instant Claim 9, Claim 3, upon which Claim 9 is dependent, has been rejected above. Smith further discloses wherein said at least one charge adsorption element or said at least one electrically conductive material structure is formed of at least one three-dimensional grid (Figure 2; Col. 4, Line 55-Col. 5, Line 30; metallic mesh).
Regarding instant Claim 10, Claim 2, upon which Claim 10 is dependent, has been rejected above. Smith further discloses wherein said at least one charge adsorption element has at least one flow channel with one of said plurality of surface portions receiving the electrically charged portions during operation (Figure 2; Col. 4, Line 55-Col. 5, Line 30; see wire mesh and plurality of flow channels through said mesh).
Regarding instant Claim 11, Claim 1, upon which Claim 11 is dependent, has been rejected above. Smith further discloses wherein said at least charge adsorption element has at least one of said at least one charge adsorption element or said material structure or said flow channel is formed at least partially of at least one of at least one electrically conductive metal material (Figure 2; Col. 4, Line 55-Col. 5, Line 30; metallic mesh would be electrically conductive metal material and would provide both flow channels and material structure inherent in the mesh).
Regarding instant Claim 12, Claim 1, upon which Claim 12 is dependent, has been rejected above. Smith further discloses wherein said at least one charge adsorption element is directly or indirectly electrically coupled to said filter element (Figure 2; Col. 4, Line 55-Col. 5, Line 30; Col. 5, Lines 31-52; electrical connection in metallic rings 65, 67 which would connect the inner and outer cylindrical walls 66 and 64).
Regarding instant Claim 14, Claim 1, upon which Claim 14 is dependent, has been rejected above. Smith further discloses wherein said at least one charge adsorption is disposed outside said filter element in the direction of flow, and said at least one charge adsorption element is attached to said filter element (Figure 2; Col. 4, Line 55-Col. 5, Line 30; Col. 5, Lines 31-52; inner cylinder 66 is outside/spaced away from outer cylinder 64 in flow direction [outer to inner]; electrical connection in metallic rings 65, 67 which would connect the inner and outer cylindrical walls 66 and 64).
Regarding instant Claim 15, Claim 1, upon which Claim 15 is dependent, has been rejected above. Smith further discloses wherein:
said filter element has an end plate (Figure 2; Col. 4, Line 55-Col. 5, Line 30; Col. 5, Lines 31-52; filter element ring 65)
at least one holding device or holding basket has at least one flow opening (Figure 2; Col. 4, Line 55-Col. 5, Line 30; Col. 5, Lines 31-52; inner filter ring 67 with flow path on radial interior with sealed filter element top 72 and fluid exit opening 70)
said at least one charge adsorption element is disposed in said at least one holding device (Figure 2; Col. 4, Line 55-Col. 5, Line 30; Col. 5, Lines 31-52;
inside cylindrical wall 66 is attached to inner filter ring 67); and
said at least one holding device is connected to said end plate (Figure 2; Col. 4, Line 55-Col. 5, Line 30; Col. 5, Lines 31-52; rings 65 and 67 are connected).
Regarding instant Claim 16, Claim 15, upon which Claim 16 is dependent, has been rejected above. Smith further discloses wherein said at least holding device has a periphery being at least partially closed in a longitudinal direction of said at least one holding device (Figure 2; Col. 4, Line 55-Col. 5, Line 30; Col. 5, Lines 31-52; inner ring 67 is closed off by outer ring 65 and filter 72 on sides and unnamed flange 82 on top as seen in Figure 2).
Regarding instant Claim 17, Claim 1, upon which Claim 17 is dependent, has been rejected above. Smith further discloses wherein said filter element has a central flow opening in a longitudinal direction, and at least portions of said at least one charge absorption element are disposed in said central flow opening (Figure 2; Col. 4, Line 55-Col. 5, Line 30; inner cylindrical wall 66 is placed in the interior of the flow passage of outer cylindrical wall 64; see partially filtered fluid compartment 74 and hollow core 68).
Regarding instant Claim 18, Claim 1, upon which Claim 18 is dependent, has been rejected above. Smith further discloses wherein said at least one charge absorption element is disposed around at least portions of an outside of said filter element (Figure 2; Col. 4, Line 55-Col. 5, Line 30; inner cylindrical wall 66 is outside of the outer cylindrical wall 64 in the flow direction).
Regarding instant Claim 19, Claim 1, upon which Claim 19 is dependent, has been rejected above. Smith further discloses at least one support element supporting said filter element on an outflow side, said at least one support element being formed by said at least one charge absorption element (Figure 2; Col. 4, Line 55-Col. 5, Line 30; Col. 5, Lines 31-52; metallic rings 65 supports filter element on outflow/flow exit side/top).
Regarding instant Claim 20, Smith further discloses a filter device for the filtration of a liquid or of hydraulic oil (Abstract; Figure 2; Col. 1, Lines 8-10; fuel filter for hydraulic fluid/oil), the filter device comprising:
an arrangement according to claim 1 (see Claim 1 rejection above); and
a filter housing (Figure 1; Figure 2; Col. 3, Lines 7-10; canister 10);
said filter element being disposed in said filter housing in a replaceable manner (Col. 1, Lines 8-10; filter element 12 is placed in canister replaceable via threads on adapter body 14); and
said at least one charge adsorption element being disposed in said filter housing (Col. 4, Line 55-Col. 5, Line 30; see inner cylindrical wall 66 is inside filter element and thusly inside canister 10).
Regarding instant Claim 21, Claim 20, upon which Claim 21 is dependent, has been rejected above. Smith further discloses wherein said filter housing has at least one housing portion with an outlet opening for filtered liquid, and said at least one charge adsorption element is disposed on said at least one housing portion for receiving electrically charged particles from the liquid (Figure 2; Col. 4, Line 55-Col. 5, Line 30; see exit 70 and configuration of inner cylindrical wall 66 with respect to said exit 70).
Regarding instant Claim 22, Claim 21, upon which Claim 22 is dependent, has been rejected above. Smith further discloses at least one holding device, at least portions of said at least one charge adsorption element being disposed in said at least one holding device or holding basket, and said at least one holding device or holding basket being fastened to said at least one housing portion (Figure 2; Col. 4, Line 55-Col. 5, Line 30; inner filter ring 67 connected to filter top 72, part of housing).
Regarding instant Claim 24, Smith discloses a tank system (Figure 1; Col. 3, Lines 7-11; canister 10 can be considered a tank), comprising:
at least one container for a liquid or for hydraulic oil (Figure 1; Figure 2; Col. 1, Lines 8-10; Col. 4, Line 55-Col. 5, Line 20; canister 10 and treatment for oil/hydraulic fluid); and
at least one arrangement according to claim 1 (see Claim 1 rejection above);
said at least one arrangement being disposed at said container to cause filtered liquid to flow into said container during operation (Figure 1; Figure 2).
Regarding instant Claim 25, Smith discloses a tank system (Figure 1; Col. 3, Lines 7-11; canister 10 can be considered a tank), comprising:
at least one container for a liquid or for hydraulic oil (Figure 1; Figure 2; Col. 1, Lines 8-10; Col. 4, Line 55-Col. 5, Line 20; canister 10 and treatment for oil/hydraulic fluid); and
at least one filter device according to claim 20 (see Claim 20 rejection above);
said at least one filter device being disposed at said container to cause filtered liquid flows into said container during operation (Figure 1; Figure 2; Col. 1, Lines 8-10; Col. 4, Line 55-Col. 5, Line 20; see filter operation of Figure 1/2 embodiment).
Regarding instant Claim 26, Claim 25, upon which Claim 26 is dependent, has been rejected above. Smith further discloses wherein said at leat one charge adsorption element at least partially fills an interior of said at least one container, and said at least one charge adsorption element is structurally separated from at least one of said filter device or said filter element (Figure 2; at least one container for a liquid or for hydraulic oil (Figure 1; Figure 2; Col. 1, Lines 8-10; Col. 4, Line 55-Col. 5, Line 20; inner cylindrical wall 66 is inserted in canister 10).
Regarding instant Claim 27, Smith discloses a method for charge equalization between a filter element and a liquid or hydraulic oil (Abstract; Figure 1; Figure 2; Col. 1, Lines 8-10; Col. 4, Line 55-Col. 5, Line 30; filter for hydraulic liquid; metallic filter mesh would attract electric charges and create equalization), the method comprising:
providing an arrangement having a filter element for filtering the liquid and at least one charge adsorption element for receiving electrically charged particles of the liquid (Figure 2; Col. 1, Lines 8-10; Col. 4, Line 55-Col. 5, Line 30; element 12 with outer wall 64; inner cylindrical wall 66 made of metallic wire which would attract electrically charged particles due to electrical conductivity);
the filter element and the at least one charge adsorption element being at least partially electrically conductive (Figure 2; Col. 1, Lines 8-10; Col. 4, Line 55-Col. 5, Line 30; both wall 64 and 66 are metallic);
providing the filter element with at least one filter layer having a filter layer surface (Figure 2; Col. 1, Lines 8-10; Col. 4, Line 55-Col. 5, Line 30; metallic mesh);
passing the liquid through the filter layer surface and the at least one charge adsorption element and carrying out a charge adsorption separation at the filter layer surface as the liquid flows through (Figure 2; Col. 1, Lines 8-10; Col. 4, Line 55-Col. 5, Line 30; metallic mesh would attract electric particles due to electric conductivity of the metal, both outer cylindrical wall 64 and inner cylindrical wall 66);
electrically connecting the at least one charge adsorption element to the filter element to equalize the charge separation between the at least one charge adsorption element and the filter layer surface (Figure 2; Col. 4, Line 55-Col. 5, Line 30; Col. 5, Lines 31-52; electrical connection in metallic rings 65, 67 which would connect the inner and outer cylindrical walls 66 and 64); and
connecting the at least one charge adsorption element downstream of the filter element in a direction of flow (Figure 2; Col. 4, Line 55-Col. 5, Line 30; Col. 5, Lines 31-52; see position of inner cylindrical wall 66 with outer cylindrical wall 64 with respect to the flow direction in the canister 10).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 7, 8 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Smith et al. (herein referred to as “Smith”, US 5830371; found in IDS filed 10/22/2024).
Regarding instant Claim 7 and 8, Claim 2, upon which Claim 7 is dependent, has been rejected above. Smith discloses at least one electrically conductive material structure formed from a plurality of cells following one another at least in portions in the direction of flow with at least 5 to 30 pores per inch (Col. 4, Line 55-Col. 5, Line 30; see metallic wire mesh has openings of approximately 1 mm for the cylindrical inner wall 66 in flow direction to the top exit opening 70).
While Smith is silent on a length of the charge adsorption element, it would have been obvious for one of ordinary skill in the art at the time of the effective filing date of the invention to modify the length of the charge adsorption element to be 60 to 120 mm to conveniently fit in applications such as oil filtration (Col. 1, Lines 8-10). See also MPEP 2144.04 IV. A., which warns against patentability based on changes in size/proportion. “In Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984), the Federal Circuit held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device.” (See Claim 7 and 8, wherein 60 to 120 mm reads on both claims).
Regarding instant Claim 23, Claim 20, upon which Claim 23 is dependent, has been rejected above. Smith further discloses wherein said filter housing has an inner wall, said filter element has an outer periphery, said inner wall and said outer periphery define at least one intermediate space of said filter housing therebetween (Figure 2; Col. 4, Line 55-Col. 5, Line 30; see space between wall of canister 10 and outer cylindrical wall 64).
While Smith is silent on said at least one charge adsorption element is disposed in said intermediate space, the reference does disclose that the inner cylindrical wall and the outer cylindrical wall are made of the same material, so it would have been obvious to one of ordinary skill in the art to reverse the parts in order to collect the charge before filtration (Figure 2; Col. 4, Line 55-Col. 5, Line 30; see that the outer and inner cylindrical walls 64/66 are made of metal). Also, MPEP warns against patentability for reversal of parts. See MPEP 2144.04 VI. A., as quoted here “In re Gazda, 219 F.2d 449, 104 USPQ 400 (CCPA 1955) (Prior art disclosed a clock fixed to the stationary steering wheel column of an automobile while the gear for winding the clock moves with steering wheel; mere reversal of such movement, so the clock moves with wheel, was held to be an obvious modification.).” Since the material of the charge adsorption element and the filter element are the same, it would be obvious to reverse the parts and have the device function the same (Figure 2; Col. 4, Line 55-Col. 5, Line 30).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Yeh et al. (US Pat Pub. 2005/0211635) recites a filter medium that deals with charge interactions and adsorption (Paragraph [0085]); likewise with Ramsey et al. (US Pat Pub. 2007/0095740), which discloses the same (Figure 2; Paragraph [0019]).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RICHARD C GURTOWSKI whose telephone number is (571)272-3189. The examiner can normally be reached 9:00 am-5:30pm MT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Benjamin Lebron can be reached at (571) 272-0475. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RICHARD C GURTOWSKI/Primary Examiner, Art Unit 1773 09/27/2026
