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 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.
Claim(s) 1-5 are rejected under 35 U.S.C. 102a1 as being anticipated by Suga, US PGPub 2006/0219620.
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Regarding claim 1, Suga discloses a lubricating and/or cooling system (see fig 4) for use in a motor vehicle (see [0212]), comprising a first oil container (P1) with oil and a pump unit (connected with Q – see [0077]) for conveying the oil from the first oil container (P1), wherein a first separating device (S) is arranged in the first oil container (P1), and wherein the first separating device (S and connecting components) is arranged in the first oil container (P1) with an inclination (See fig 4) to the direction of flow of the oil (vertically in fig 4), namely in a direction of inclination in the direction of an oil intake point (intake into Q) of the pump unit (as described above), including an angle (angle between 5 and S in fig 4) of inclination with respect to the direction of flow of the oil (as described above).
Regarding claim 2, Suga discloses the lubricating and/or cooling system according to Claim 1, wherein the angle of inclination (as described above) with respect to the direction of flow of the oil is < 60 degrees (appears ~15 degrees in fig 4)
Regarding claim 3, Suga discloses the lubricating and/or cooling system according to Claim 1, wherein the first separating device (S and connecting components) as at least one screen (S)
Regarding claim 4, Suga discloses the lubricating and/or cooling system according to Claim 1, wherein the first separating device (as described above) is arranged directly (see fig 4) in the first oil container (P1).
Regarding claim 5, Suga discloses the lubricating and/or cooling system according to Claim 1, wherein the lubricating and/or cooling system has a second oil container (within engine), wherein the second oil container (vertically above P1 in fig 4) is arranged in relation to the first oil container (P1) at a level above it, and wherein oil can be conveyed from the first oil container (P1) into the second oil container (as described abvovce) via the pump unit (oil pump) via at least one mechanical component (oil pipe).
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) 6-8 are rejected under 35 U.S.C. 103 as being unpatentable over Suga in view of Hueppchen et al., US Patent 7,845,500.
Regarding claims 6-8, Suga discloses the lubricating and/or cooling system according to Claim 5, but does not disclose a second separating device is arranged in the second oil container.
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Hueppchen et al. teaches a similar lubrication system (see fig 1) wherein a second separating device (23) is arranged above a first separating device (31) in the specified arrangement (see fig 1). (claim 6)
wherein the second separating device (23) has at least one filter. (claim 7)
wherein the second separating device (23) would be arranged directly in the second oil container or indirectly in the second oil container, installed in a separate structural unit. (claim 8)
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the prefilter and filter described by Hueppchen et al. to the system disclosed by Suga in order to remove relatively large contaminants before they reach the main filter helping to prevent clogging, damage and flow restriction.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL A RIEGELMAN whose telephone number is (571)270-7956. The examiner can normally be reached 8-6 EST Monday - Friday.
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MICHAEL A. RIEGELMAN
Primary Examiner
Art Unit 3654
/MICHAEL A RIEGELMAN/Primary Examiner, Art Unit 3654
