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 .
Election/Restrictions
Applicant’s election without traverse of Group I in the reply filed on 04/29/2026 is acknowledged.
Claims 4 and 18 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 04/29/2026.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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, 5-9, 13-17, and 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zbiral et al. (Pub. No. US 2021/0320375).
Regarding claim 1, Zbiral et al. disclose a breather assembly (Figs. 1-6) comprising: an assembly body (1) having a coupling structure (13) configured to be coupled to a housing (paragraph 59), an assembly opening (15), and an environmental opening (32), the assembly body (1) configured to define an airflow pathway (G, Fig. 3) between the assembly opening (15) and an outside environment (paragraph 60) through the environmental opening (32); and a conductive shield (12) coupled to (paragraph 46) the assembly body (1) and disposed across (Fig. 2) the assembly opening (15), the conductive shield (12) defining a portion of the airflow pathway (Fig. 3), wherein the conductive shield (12) is configured to be in conductive communication with the housing (paragraph 45) in response to the coupling structure (13) being coupled to the housing (paragraph 60).
Regarding claim 2, Zbiral et al. disclose the breather assembly (Figs. 1-6), wherein the assembly body (1) is constructed of plastic (paragraph 47).
Regarding claim 3, Zbiral et al. disclose the breather assembly (Figs. 1-6), wherein the coupling structure (13) comprises a bayonet connector (paragraph 48).
Regarding claim 5, Zbiral et al. disclose the breather assembly (Figs. 1-6), wherein the bayonet connector (13) is defined by the assembly body (1).
Regarding claim 6, Zbiral et al. disclose the breather assembly (Figs. 1-6), wherein the conductive shield (12) and the bayonet connector (13) define an interference fit (bayonet connector is integrally formed with base body which can have inference fit with lattice as disclosed in paragraph 46).
Regarding claim 7, Zbiral et al. disclose the breather assembly (Figs. 1-6), wherein the bayonet connector (13) defines a plurality of partial circumferential channels (Fig. 2) each having an open end (Fig. 2) and a closed end (Fig. 2), wherein the open end and the closed end are separated by an axially extending retaining ridge (Fig. 2).
Regarding claim 8, Zbiral et al. disclose the breather assembly (Figs. 1-6), wherein the plurality of partial circumferential channels are circumferentially aligned (Figs. 1-3).
Regarding claim 9, Zbiral et al. disclose the breather assembly (Figs. 1-6), wherein the open end (Fig. 2) is tapered axially inward towards the closed end (Fig. 2).
Regarding claim 13, Zbiral et al. disclose the breather assembly (Figs. 1-6), wherein the conductive shield (12) is stainless steel (paragraph 46).
Regarding claim 14, Zbiral et al. disclose the breather assembly (Figs. 1-6), further comprising a valve (6) disposed in the assembly body (1), wherein the valve (6) selectively obstructs (Fig. 2) the airflow pathway (Fig. 3) between the assembly opening (15) and the environmental opening (32).
Regarding claim 15, Zbiral et al. disclose the breather assembly (Figs. 1-6), wherein the conductive shield (12) defines a plurality of openings (Fig. 1)across the airflow pathway (Fig. 3).
Regarding claim 16, Zbiral et al. disclose a method of making a breather assembly (Figs. 1-6) comprising: forming an assembly body (1) having a coupling structure (13) configured to be coupled to a housing (paragraph 59), an assembly opening (15), and an environmental opening (32), the assembly body (1) configured to define an airflow pathway (G, Fig. 3) between the assembly opening (15) and an outside environment (paragraph 60) through the environmental opening (32); and coupling (paragraph 46) a conductive shield (12) to the assembly body (1) across the assembly opening (15), the conductive shield (12) defining a portion of the airflow pathway (Fig. 3), and the conductive shield (12) is configured to be in conductive communication with the housing (paragraph 45) when the coupling structure (13) is coupled to the housing (paragraph 59).
Regarding claim 17, Zbiral et al. disclose the method, wherein the coupling structure (13) comprises a bayonet connector (paragraph 48).
Regarding claim 19, Zbiral et al. disclose the method, wherein the conductive shield (12) and the bayonet connector (13) define an interference fit (bayonet connector is integrally formed with base body which can have inference fit with lattice as disclosed in paragraph 46).
Allowable Subject Matter
Claims 10-12 and 20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Rhoades et al. (U.S. Patent No. 12,259,054) disclose a similar breather assembly having a conductive shield coupled to a base body wherein the shield has the bayonet couplings.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Reinaldo Sanchez-Medina, telephone number 571-270-5168, fax number 571-270-6168. The examiner can normally be reached on Monday-Friday (7:30AM-4:00PM EST).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisors can be reached by phone. Craig Schneider can be reached at 571-272-3607 or Kenneth Rinehart can be reached at 571-272-4881. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/REINALDO SANCHEZ-MEDINA/Primary Examiner, Art Unit 3753
Prosecution Insights