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 § 103
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 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) 1-3, 5-6 and 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Heise 2003/0079787 in view of Evans 8,380,056.
In regard to claims 1 and 27, Heise discloses a method of making a heated hose, comprising:
providing an inner core tube 14 having a first end, a second end, an axial length from the first end to the second end, a lumen 16 axially extending from the first end to the second end, and a radially outward facing surface;
placing a self-regulating heating element 24 on the radially outward facing surface of the inner core tube 14 along the axial length; and
layering an outer sheath layer 30 over the radially outward facing surface of the inner core tube and the self-regulating heating element, thereby forming a first heated hose member,
wherein the inner core tube and the outer sheath layer are substantially concentric, and the self-regulating heating element is disposed between the radially outward facing surface of the inner core tube and an inner surface of the outer sheath layer (see fig. 2).
Heise discloses leaving a leaving a portion of the inner core and heating element exposed at a first end (see fig. 4) allowing the hose to be connected to an adjacent fitting 26, but does not specifically disclose leaving a portion of the inner core and heating element exposed at both ends.
Evans teaches that it is common and well known in the art to leave a portion of the inner hose and heating element at both ends in order to allow for the hose and heating elements to be connected to adjacent fittings at both ends (see fig. 2, col. 3, lines 52-55 and col. 4, lines 31-33). Therefore it would have been obvious to one of ordinary skill in the art to modify the ends of the hose of Heise to include an exposed inner core and heating element at both ends of the hose, to allow for the inner tube and heating element to be more easily connected to adjacent fittings, as taught by Evans.
In regard to claim 2, wherein the process of layering the outer sheath layer further comprises extruding the outer sheath layer (see fig. 4 and paragraph 20).
In regard to claim 3, further comprising a coupling a power connector 26 to the first portion of the self-regulating heating element 24 exposed at the first end (see fig. 1).
In regard to claim 5, wherein the power connector 26 includes an electrical cord configured to be plugged into a power outlet (see paragraph 18).
In regard to claim 6, wherein the power connector 26 includes a hard wired connection to a battery or an electrical circuit (see paragraph 18).
Claim(s) 7-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Heise 2003/0079787 in view of Evans 8,380,056 and further in view of Ferrone 2007/0036528.
In regard to claims 7-11, Heise in view of Evans discloses a method of making a heated
hose member as described above, but does not specifically disclose splicing power cord terminals and hose fittings at either end of the heated hose.
Ferrone teaches that providing a similar type of heated hose member 10 with male and female hoses couplings 16, 14 and also male and female electrical connectors 42, 44 at both ends in order to easily connect multiple heated hose members 10 together in series as needed (see fig. 1) is common and well known in the art. Therefore it would have been obvious to one of ordinary skill in the art to add male and female connectors to the hose and heater wires of Heise in view of Evans, to allow the hose to easily be connected to adjacent hoses, as taught by Ferrone.
Claim(s) 12-17, 19 and 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schwarzkopf et al. 2013/0330065 in view of Evans 8,380,056.
In regard to claim 12, Schwarzkopf et al. discloses (fig. 8) a heated hose member 1 having a first end, a second end, and an axial length from the first end to the second end, comprising:
an inner core tube 2b having a lumen axially extending from the first end to the second end, and a radially outward facing surface;
a self-regulating heating element 3 disposed on the radially outward facing surface of the inner core tube along the axial length; and
an outer sheath layer 4, 20a disposed over the radially outward facing surface of the inner core tube and the self-regulating heating element,
wherein the inner core tube and the outer sheath layer are substantially concentric, and the self-regulating heating element is disposed between the radially outward facing surface of the inner core tube and an inner surface of the outer sheath layer.
Schwarzkopf et al. discloses leaving a leaving a portion of the heating element 3 exposed at a first end (see fig. 5 where 3 extends past 4,20a at both ends) allowing the heating element to be connected to an adjacent fittings 21, 22 at both ends. Inner core 2a, 2b is also connected to the adjacent fittings, but it is unclear if 2a, 2b extend past the ends of 4,20a for connection with the fittings 21, 22.
Evans teaches that it is common and well known in the art to leave a portion of the inner hose and heating element at both ends in order to allow for the hose and heating elements to be more easily connected to adjacent fittings at both ends (see fig. 2, col. 3, lines 52-55 and col. 4, lines 31-33). Therefore it would have been obvious to one of ordinary skill in the art to modify the ends of the hose of Schwarzkopf et al. to include an exposed inner core and heating element at both ends of the hose, to allow for the inner tube and heating element to be more easily connected to adjacent fittings, as taught by Evans.
In regard to claim 13, wherein the inner core tube comprises ethylene propylene diene monomer (EPDM) rubber (see paragraph 29).
In regard to claim 14, wherein the inner core tube includes a first, inner layer of EPDM rubber, a polyester thread layer, and a second, outer layer of EPDM rubber (see paragraph 70).
In regard to claim 15, Schwarzkopf et al. in view of Evans discloses a heated hose as
described above, but does not disclose the exact inner and outer diameter of the hose. However, it would have been obvious to one of ordinary skill in the art to make the hose with the dimensions recited by the Applicant because a change in the size of a prior art device is a design consideration within the skill of the art. In re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA 1955).
In regard to claim 16, wherein the outer sheath layer comprises polyvinyl chloride (PVC) (see paragraph 69 where it states that 20a can be made from mass produced plastics and paragraph 22 lists PVC as a mass produced plastic).
In regard to claim 17, further comprising:
a first hose fitting 21 coupled to the first end of the inner core tube 2b;
a second hose fitting 33 coupled to the second end of the inner core tube; and
a power connector 24 electrically coupled to the self-regulating heating element 3 at the first end, the power connector being configured to deliver a current from a power source to
the self-regulating heating element; and
a splice housing 25 electrically coupled to the self-regulating heating element 3
at the second end.
In regard to claim 19, further comprising a terminal splice 36 within the splice housing 25;
a power cord 3 electrically coupled to the self-regulating heating element within the
splice housing 25, the power cord including a female power receptacle 35:
a first hose fitting 34 coupled to the first end of the inner core tube; and
a second hose fitting 22 coupled to the second end of the inner core tube, wherein
the second fitting 22 is complementary to the first fitting 34 (one is male, the other female).
In regard to claim 22, Schwarzkopf et al. in view of Evans discloses the heated hose is made from the same materials as that of the present invention and therefore would be able to tolerate the recited temperature range. Schwarzkopf et al. in view of Evans also discloses the hose is capable of handling pressures up to 15 bar (see paragraph 6). Schwarzkopf et al. in view of Evans does not disclose the exact length of the hose and inner diameter of the lumen. However, it would have been obvious to one of ordinary skill in the art to make the hose with the dimensions recited by the Applicant because a change in the size of a prior art device is a design consideration within the skill of the art. In re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA 1955).
Claim(s) 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Evans 8,380,056 in view of Ferrone 2007/0036528 and further in view of Quigley et al. 5,921,285.
In regard to claim 26, Evans discloses a heated hose assembly comprising:
a first heated hose member 10, comprising:
a first end, a second end, and an axial length extending from the first end to the second
end; an inner core tube 14 having a lumen axially extending from the first end to the second
end, and a radially outward facing surface;
a self-regulating heating element 16 disposed radially outward of the inner core tube 14 along the axial length;
an outer sheath layer 12 disposed over a portion of the radially outward facing
surface of the inner core tube 14 and the self-regulating heating element 16, wherein a first portion of the inner core and the self-regulating element are exposed at the first end, and a second portion of the inner core tube and the self-regulating heating element are exposed at the second end (see fig. 2, col. 3, lines 52-55 and col. 4, lines 31-33),
wherein the inner core tube and the outer sheath layer are substantially concentric and the self-regulating heating element is disposed between the radially outward facing surface of the inner core tube and an inner surface of the outer sheath layer (see fig. 3);
a first hose fitting 20 coupled to the first end of the inner core tube; and
a second hose fitting 18 coupled to the second end of the inner core tube,
wherein the second hose fitting is complementary to the first hose fitting, and the first
hose fitting of the second heated hose member is coupled to the second hose fitting of the first
heated hose member.
Evans discloses a heating element 16 capable of producing heat when a voltage is applied, but does not disclose the specific electrical couplings at either end of 16 for applying the voltage.
Ferrone teaches that it is common and well known in the art to provide heating elements with electrical connectors at both ends of the heating element (see 42 and 44 in fig. 2) where
a power connector 42 is electrically coupled to the self-regulating heating element at the first end, the power connector being configured to deliver a current from
a power source 54 to the self-regulating heating element;
a splice housing 44 electrically coupled to the self-regulating heating element
at the second end;
a power cord electrically 32 coupled to the self-regulating heating element 64 within the
splice housing 44, the power cord including a female power receptacle.
Therefore it would have been obvious to one of ordinary skill in the art to provide electrical connectors at either end of the heating element 16 of Evans, because the practice of providing the similar types of electrical connectors to heating elements as that recited by the Applicant are common and well known, as taught by Ferrone.
Evans discloses the heating element 16 as being placed radially outward of the inner core 14, but not placed on the outer surface of the inner core 14.
Quigley et al. teaches that it is common and well known in the art to provide a heated hose member with either the heating element 62’ radially spaced from the inner core 12 (see fig. 10B) or on the outer surface of the inner core 12 (see fig. 10C). Therefore it would have been obvious to one of ordinary skill in the art to place the heating element 16 of Evans on the inner core 14 instead of spaced from the inner core because inasmuch as the references disclose these elements as art recognized equivalents, it would have been obvious to one of ordinary skill in the art to substitute one for the other. In re Fout, 675 F.2d 297, 301, 213 USPQ 532, 536 (CCPA 1982).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-3, 5-17, 19-22 and 26-27 have been considered but are moot because the new ground of rejection does 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.
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/DAVID BOCHNA/Primary Examiner, Art Unit 3679