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 § 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 3, 7-8 and 11-14 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.
Regarding claim 3, the phrase "preferably" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claim 7, line 3 recites “a hose (1) and inner hose (2) as claimed in claim 1”. It is suggested changing the phrase to “the hose (1) and the inner hose (2) as claimed in claim 1”, as those elements were already recited in claim 1.
Claim 8 depends from itself. Additionally, claim 8 also again recites “an inner hose (2)”, which was already recited in claims 1 and 7.
Claim 11, it is unclear how widening of the inner diameter of the hose, using a mandrel, can occur “during the plugging in of the hose nipple”, as the mandrel and the nipple would be occupying the same space in the inner diameter of the hose. Clarification is needed.
Claim 14, it is unclear what is meant by the phrase “or outer diameters D of less than 10mm, less than 9 mm, and less than 7mm”. It is unclear if this is comparing the outer diameter of one hose relative to the other or if both variants must have outer diameters of less than 10 mm, less than 9 mm, and less than 7mm. However, if both variants have, for example, an outer diameter D of 5 mm, they would anticipate this limitation of the claim, but fail to be variants, as they would have the same outer diameter.
Allowable Subject Matter
Claims 1-2, 4-6, 9-10 and 16 are allowed.
Claims 3, 7-8 and 11-14 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant’s arguments with respect to claim(s) 3, 7-8 and 11-14 have been considered but are moot because the new rejections do not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID E. BOCHNA whose telephone number is (571)272-7078. The examiner can normally be reached Monday-Friday 8:00-5:30.
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 supervisor, Matthew Troutman can be reached at (571) 270-3654. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAVID BOCHNA/Primary Examiner, Art Unit 3679
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