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
Examiner notes the election by Applicant without traverse to “Species III” as outlined in the summary provided by Applicant in the remarks filed on 06/22/2026 and the interview summary attached with this Office Action.
Claim Objections
Claim 25 objected to because of the following informalities:
Claim 25 line 2 is “their” should be corrected to “[[their]] there” for the sake of clarity. Appropriate correction is required.
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 23 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by US20140158130 to Coleman et al. (hereinafter “Coleman”).
Regarding claim 23, Coleman discloses a hose assembly (Fig. 6 hose 200; Paragraph 0188 discloses a hose assembly as part of a humidified ventilation system) comprising:
a first hose (Fig. 6 tube wall 201) comprising a first support helix to structurally support a wall of the first hose that defines an interior of the first hose (Fig. 6 hose 200 is depicted with a helix structure; Paragraph 0205 discloses helical beads are employed for structural strength), and that incorporates at least a first heating wire to heat the interior of the first hose (Figs. 4-6 heater wire 211; Paragraph 0205 discloses the wires are within the helical bead);
a first hose fitting coupled to a first end of the first hose (Paragraph 0193 discloses there are fittings 205 on either end of the hose), wherein: the first hose fitting comprises three connections; and the first end of the first hose is received within a portion of an interior of the first hose fitting at a first connection of the three connection to put the interior of the first hose in communication with the interior of the first hose fitting (Annotated Fig. 8 at designated connection 1; See Annotated Fig. 8 for the designation of all three connections); and
a plug that carries a first electrical connector and occupies a second connection of the three connections (Paragraph 0201 discloses a plug for electrical port 210), wherein:
a portion of the first support helix is unwound from the first hose at the first end of the first hose, and extends beyond the first end of the first hose and further into the interior of the first hose fitting (Fig. 10A shows a portion of the support helix is unwound from the wall and helical path at a first end; See Annotated Fig. 10A for designation of the first end; Examiner notes the wire extends into the interior of the first hose);
the unwound portion of the support helix extends beyond the first end of the hose and further into the interior of the first hose fitting toward the second connection (Annotated Fig. 8 connection 2; Fig. 10A shows the interior view);
the first heating wire is directly connected to a first electrical contact of the first electrical connector to convey electric current from the first electrical connector to enable the first heating wire to receive electric power from the first electrical connector to heat the interior of the first hose (Paragraph 0203 discloses pins 213 which extend through the connector as seen in Fig. 8 within port 210; The wires are directly soldered to the pins and the pins extend through the port; Paragraph 0203 discloses completing an electrical circuit pathway; Paragraphs 0041-0042 disclose the heater wires are for heating the gas source within the hose); and
a portion of the plug that extends into the interior of the first hose fitting from the second connection (Fig. 2 depicts the plug 212 can be inserted into port 209, or as disclosed in Paragraph 0201, electrical port 210 which are formed into the hose fitting, thus the plug extends into the hose fitting) has a concave shape to provide a smooth surface that cooperates with at least one surface of the interior of the first hose fitting to provide a smooth path for the flow of a gas between the hose at the first connection and a third connection of the three connections (Fig. 2 shows the plug 212 with a concave center. Paragraph 0201 discloses the plug can be appropriately shaped to fit the electrical port 210 and Paragraph 0223 discloses the plug ensures a pneumatic seal which is interpreted as a smooth path for flow due to preventing leaks; See Annotated Fig. 8 for the designation of connection 3).
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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.
Claims 9, 11, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Coleman in view of US20100215351A1 Forrester (hereinafter “Forrester”) and US20170099877A1 to Worm et al. (hereinafter “Worm”).
Regarding claim 9, Coleman discloses a hose (Fig. 6 hose 200; Paragraph 0188 discloses a hose assembly as part of a humidified ventilation system) comprising:
a wall defining an interior of the hose (Fig. 6 tube wall 201); and
a support helix formed together with the wall of the hose to structurally support the wall (Fig. 6 hose 200 is depicted with a helix structure; Paragraph 0205 discloses helical beads are employed for structural strength), and that incorporates a first heating wire to heat the interior of the hose (Figs. 4-6 heater wire 211; Paragraph 0205 discloses the wires are within the helical bead), wherein:
the support helix surrounds the interior of the hose in a helical path (Fig. 6 shows the helix containing the heating wire surrounds the interior of the hose in a helical path);
a portion of the support helix at a first end of the hose is unwound from the wall and the helical path (Fig. 10A shows a portion of the support helix is unwound from the wall and helical path at a first end); and
the first heating wire is directly connected to a first electrical contact of an electrical connector (Fig. 10A electrical port 210; Examiner notes the wire 211 is connected to electrical port 210).
Coleman does not disclose a sheath surrounds at least a part of the unwound portion of the support helix; the sheath comprises a length of heat shrink tubing that is sleeved at least partially onto the unwound portion of the support helix. However, Worm teaches an aerosol delivery device which uses heat shrink wrap to sheath electrical wires (Paragraph 0217).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the unwound portion of the support helix of Coleman to further include heat shrink tubing, as taught by Worm, in order to prevent moisture from affecting the electrical connection between the wires and electric terminals (Paragraph 0217).
Coleman as modified by Worm further discloses the heat shrink tubing is heated to shrink onto at least part of the unwound portion of the support helix; at an end of the unwound portion (This limitation is met by the combination of Coleman and Worm because it is an inherent property of heat shrink tubing to shrink when heat is applied, and thus collapse onto and conform to the surface it is placed around).
Coleman does not disclose a second heating wire, the second heating wire is directly connected to a second electrical contact of the electrical connector, at a second end of the hose opposite the first end of the hose, the first heating wire is electrically connected to the second heating wire to form an electrical loop that extends from the first electrical contact of the electrical connector, through the first heating wire to the second end of the hose, and to the second electrical contact of the electrical connector, and the electrical loop is operable with a flow of electric current therethrough to heat the interior of the hose. However, Forrester teaches a heatable hose which has a second heating wire to heat a hose (Forrester Fig. 1 heating wires 14, 16; Paragraph 0029 discloses they both heat the inside of the hose), the second heating wire is directly connected to a second electrical contact of the electrical connector (Forrester Paragraph 0017 discloses the wires are connected to the poles of a voltage source which is interpreted as the first wire connected to one pole acting as the first electrical contact and the second wire is connected to another pole acting as the second electrical contact; Paragraph 0029 discloses an outer length assembly to that of Coleman 1 because the outer length assembly requires emanation of heating wires from the internals of the tube to an external environment); at a second end of the hose opposite the first end of the hose, the first heating wire is electrically connected to the second heating wire to form an electrical loop that extends from the first electrical contact of the electrical connector (Paragraph 0029 discloses the two wires are connected with one another in an electrically conductive manner, thus defining an electrical loop at one end of the hose and electrical contact as already described above as one of the poles), through the first heating wire to the second end of the hose (Paragraph 0017 discloses the current flows through one wire to one end of the hose), through the second heating wire from the second end of the hose (Paragraph 0017 discloses the first and second wires are conductively connected so the current travels from one wire to the other), and to the second electrical contact of the electrical connector (Paragraph 0017 discloses finally terminating at the other pole of the voltage source), and the electrical loop is operable with a flow of electric current therethrough to heat the interior of the hose (Paragraph 0029 discloses to heat the hose 1, the connection pieces of the heating wires 14, 16 led out of reinforcing ribs 8, 12 are connected with the poles of a voltage source or heating-current source).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the hose of Coleman to use a hose with two heating wires that form an electrical loop and work in concert to heat the interior of the hose, as taught by Forrester, in order to prevent shorting between multiple heating wires and provide additional flexibility to the hose (Paragraph 0020).
Regarding claim 11, Coleman in view of Forrester and Worm discloses the hose of claim 9, and Coleman in view of Forrester and Worm further discloses a second hose fitting is coupled to the second end of the hose (Paragraph 0193 discloses there may be an over-molded cuff on both ends of the first hose; See Fig. 6 (same structure but on other end of the hose) cuff 204, overmold 202); the second end of the hose is received within a portion of an interior of the second hose fitting to put the interior of the first hose in communication with the interior of the second hose fitting (Fig. 2 shows first preformed component 205 and second preformed component 206 open into interior of the cuff 204; Paragraph 0193 discloses fluid communication with the hose); and the electrical connection of the first heating wire to the second heating wire at the second end of the hose is positioned within the interior of the second hose fitting (Coleman as modified by Forrester would have the first and second heating wires positioned within the second hose fitting).
Regarding claim 15, Coleman in view of Forrester and Worm discloses the hose assembly of claim 9, and Coleman as modified by Forrester and Worm further discloses a first hose fitting is coupled to the first end of the hose (Paragraph 0193 discloses there are fittings 205 on either end of the hose); the first hose fitting comprises three connections; the first end of the hose with received within a portion of an interior of the first hose fitting at a first connection of the three connections to put the interior of the hose in communication with the interior of the first hose fitting (Annotated Fig. 8 at designated connection 1; See Annotated Fig. 8 for the designation of all three connections); the unwound portion of the support helix extends beyond the first end of the hose and further into the interior of the first hose fitting toward a second connection of the three connections (See Annotated Fig. 8 at connection 2; Fig. 10A shows the interior view); the unwound portion of the support helix extends into a plug that carries the electrical connector and that occupies the second connection (Paragraph 0201 discloses a plug for electrical port 210); and a portion of the plug that extends into the interior of the first hose fitting from the second connection (Fig. 2 depicts the plug 212 can be inserted into port 209 or, as disclosed in Paragraph 0201, electrical port 210 which are formed into the hose fitting, thus the plug extends into the hose fitting) has a concave shape to provide a smooth surface that cooperates with at least one surface of the interior of the first hose fitting to provide a smooth path for the flow of a gas between the hose at the first connection and a third connection of the three connections (Fig. 2 shows plug 212 with a concave center; Paragraph 0201 discloses the plug can be appropriately shaped to fit the electrical port 210 and Paragraph 0223 discloses the plug ensures a pneumatic seal which is interpreted as smooth path for flow due to preventing leaks; Annotated Fig. 8 shows connection 3).
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Claims 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Coleman in view of Forrester and Worm as applied to claim 9 above, and further in view of US9308698B2 to Forrester et al. (hereinafter “Forrester 2016”).
Regarding claim 12, Coleman in view of Forrester and Worm discloses the hose of claim 9, and Coleman further discloses the support helix is formed from flexible material (Examiner notes the helix structure on hose 200 containing the heating wire 211 is inherently flexible as it was twisted into a helical shape). Coleman does not disclose the support helix is made of plastics material, the unwound portion of the support helix is heated to cause molecules of the flexible plastics material to adopt a straighter path than the helical path as a resting state to straighten the unwound portion from the helical path. However, Forrester 2016 teaches a method of hose manufacture where the helix is made of flexible plastic, the unwound portion of the support helix is heated to cause molecules of the flexible plastics material to adopt a straighter path than the helical path as a resting state to straighten the unwound portion from the helical path (Paragraph 0022 discloses the coils of helix are made from thermosplastic; Paragraph 0018 discloses the hose at its resting state is at a minimal length and can be stretched which causes coils of the helix to separate, thereby causing the outwardly extending portions to flatten out or unfold in straight-line configurations; Examiner notes the espacenet version of US9308698B2 is being used, resulting in “Paragraph” citations as opposed to Col. and line citations).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the hose of Coleman 1 to have the unwound portion of the support helix is heated to cause molecules of the flexible plastics material to adopt a straighter path than the helical path as a resting state to straighten the unwound portion from the helical path, as taught by Forrester 2016, in order to provide bending or deflection to take place without significantly diminishing the inner diameter (Paragraph 0018).
Regarding claim 13, Coleman in view of Forrester and Worm discloses the hose of claim 9, but does not disclose wherein the unwound portion of the support helix is heated to alter its shape to conform to an interior shape of the sheath. However, Forrester 2016 teaches a method of hose manufacture where the unwound portion of the support helix is heated to alter its shape to conform to an interior shape of the sheath (Paragraph 0025 discloses the annealing process results in the coils of the helix moving closer together which cause the web in-between the coils to bulge radially outwardly; Examiner notes annealing the hose of Coleman 1 as modified by Worm results in altering the shape to conform to an interior shape of the sheath).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the hose of Coleman to heat the unwound portion of the support helix to alter its shape to conform to an interior shape of the sheath, as taught by Forrester 2016, in order to provide a greater degree of flexibility and an ease of being stretched (Paragraph 0027).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Coleman in view of Forrester and Worm as applied to claim 9 above, and further in view of US20030059213A1 to Mackie (hereinafter “Mackie”).
Regarding claim 14, Coleman as modified by Forrester and Worm discloses the hose of claim 9, but does not disclose wherein portions of the wall of the hose are trimmed away from the unwound portion of the support helix. However, Mackie teaches a gases delivery conduit which has portions of the wall of the hose are trimmed away from plastic tubing to expose electrical conductors contained within (Paragraph 0071).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to apply the teaching of Mackie to modified Coleman 1 to trim away portions of the wall of the hose from the unwound portion of the support helix, as taught by Mackie, in order to release the unwound portion of the helix structure from the hose and expose the heating wires for electrical connection (Paragraphs 0071-0072).
Claim 24 is rejected under 35 U.S.C. 103 as being unpatentable over Coleman in view of Forrester.
Regarding claim 24, Coleman discloses the hose of claim 15, and further discloses a second hose fitting coupled to a second end of the first hose (Paragraph 0193 discloses there are fittings 205 on either end of the hose), wherein: the second end of the first hose is received within a portion of an interior of the second hose fitting to put the interior of the first hose in communication with the interior of the second hose fitting (Paragraph 0193 discloses fluid communication with the hose). Coleman does not disclose the first support helix incorporates a second heating wire to cooperate with the first heating wire to heat the interior of the first hose, the second heating wire is directly connected to a second electrical contact of the first electrical connector, the first heating wire and the second heating wire are electrically coupled at the second end of the first hose and within the interior of the second hose fitting to form an electrical loop that extends from the first electrical contact of the first electrical connector, through the first heating wire to the second end of the first hose, through the second heating wire from the second end of the first hose, and to the second electrical contact of the first electrical connector; and the electrical loop is operable with a flow of electric current therethrough to heat the interior of the first hose. However, Forrester teaches a heatable hose which has a second heating wire to heat a hose (Forrester Fig. 1 heating wires 14, 16; Paragraph 0029 discloses they both heat the inside of the hose), the second heating wire is directly connected to a second electrical contact of the electrical connector (Forrester Paragraph 0017 discloses the wires are connected to the poles of a voltage source which is interpreted as the first wire connected to one pole acting as the first electrical contact and the second wire is connected to another pole acting as the second electrical contact; Paragraph 0029 discloses an outer length assembly to that of Coleman 1 because the outer length assembly requires emanation of heating wires from the internals of the tube to an external environment); at a second end of the hose opposite the first end of the hose, the first heating wire is electrically connected to the second heating wire to form an electrical loop that extends from the first electrical contact of the electrical connector (Paragraph 0029 discloses the two wires are connected with one another in an electrically conductive manner, thus defining an electrical loop at one end of the hose and electrical contact as already described above as one of the poles), through the first heating wire to the second end of the hose (Paragraph 0017 discloses the current flows through one wire to one end of the hose), through the second heating wire from the second end of the hose (Paragraph 0017 discloses the first and second wires are conductively connected so the current travels from one wire to the other), and to the second electrical contact of the electrical connector (Paragraph 0017 discloses finally terminating at the other pole of the voltage source), and the electrical loop is operable with a flow of electric current therethrough to heat the interior of the hose (Paragraph 0029 discloses to heat the hose 1, the connection pieces of the heating wires 14, 16 led out of reinforcing ribs 8, 12 are connected with the poles of a voltage source or heating-current source).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the hose of Coleman 1 to use a hose with two heating wires that form an electrical loop and work in concert to heat the interior of the hose, as taught by Forrester, in order to prevent shorting between multiple heating wires and provide additional flexibility to the hose (Paragraph 0020).
Claims 25-26 are rejected under 35 U.S.C. 103 as being unpatentable over Coleman in view of US6237597B1 to Kovac (hereinafter “Kovac”).
Regarding claim 25, Coleman discloses the hose of claim 15, and Coleman further discloses the first hose fitting comprises a Y-fitting in which their is a straight-through path through the first hose fitting between the first connection and one of the second connection and the third connection (Annotated Fig. 8 shows there is a straight-through path through the first hose fitting between the first connection, the second connection, the third connection); and
the smooth path for the flow of gas extends through one of the straight-through and an angled path through the first hose fitting (Examiner notes air flow may go through either one of the straight path between first and third connections, or through the angled connection between the first and second designated connections).
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Coleman does not disclose wherein the fitting comprises a Y-fitting. However, Kovac teaches a port adaptor which has a Y-fitting which is capped at one end and open on the other branch (Fig. 5 cap 20, receiving port 36, receiving tube 16).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the tube of Coleman to have a Y-fitting, as taught by Kovac, in order tor provide uninterrupted delivery of oxygen from the ventilation apparatus (Col. 8 lines 50-59). Examiner notes the split would be between the designated third connection and second connection resulting in a Y-shape where one end terminates in the plugged second connection and the other branch allows for the pass through of air to the patient.
Regarding claim 26, Coleman in view of Kovac discloses the hose of claim 25, but Coleman as modified by Kovac does not explicitly disclose wherein the angled path extends through a 120 degree angle between the first connection and the third connection. Examiner notes Kovac does show what appears to be a 120 degree angle between the Y-branches and the main line (Fig. 5). However, it has been held that a change in shape is a matter of choice which a person of ordinary skill in the art would find obvious absent persuasive evidence that the particular configuration of the claimed structure was significant. See MPEP 2144.04(IV)(B). In the instant case, the Y-fitting of Kovac already appears to be close to 120 degrees and thus it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to make the angled path a 120 degree angle between the first and third connection as a matter of obvious design choice.
Claims 27-28 are rejected under 35 U.S.C. 103 as being unpatentable over Coleman in view of Forrester as applied to claim 23 above, and further in view of Kovac.
Regarding claim 27, Coleman in view of Forrester discloses the hose assembly of claim 23, and Coleman further discloses the first hose fitting is a straight-through path through the first hose fitting between the first connection and one of the second connection and the third connection (Annotated Fig. 8 shows there is a straight-through path through the first hose fitting between the first connection, the second connection, the third connection); and the smooth path for the flow of gas extends through one of the straight-through and an angled path through the first hose fitting (Examiner notes air flow may go through either one of the straight path between first and third connections, or through the angled connection between the first and second designated connections).
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Coleman does not disclose wherein the fitting comprises a Y-fitting. However, Kovac teaches a port adaptor which has a Y-fitting which is capped at one end and open on the other branch (Fig. 5 cap 20, receiving port 36, receiving tube 16).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the tube of Coleman to have a Y-fitting, as taught by Kovac, in order tor provide uninterrupted delivery of oxygen from the ventilation apparatus (Col. 8 lines 50-59). Examiner notes the split would be between the designated third connection and second connection resulting in a Y-shape where one end terminates in the plugged second connection and the other branch allows for the pass through of air to the patient.
Regarding claim 28, Coleman in view of Forrester and Kovac discloses the hose of claim 27, but Coleman in view of Forrester and Kovac does not explicitly disclose wherein the angled path extends through a 120 degree angle between the first connection and the third connection. Examiner notes Kovac does show what appears to be a 120 degree angle between the Y-branches and the main line (Fig. 5). However, it has been held that a change in shape is a matter of choice which a person of ordinary skill in the art would find obvious absent persuasive evidence that the particular configuration of the claimed structure was significant. See MPEP 2144.04(IV)(B). In the instant case, the Y-fitting of Kovac already appears to be close to 120 degrees and thus it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to make the angled path a 120 degree angle between the first and third connection as a matter of obvious design choice.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: US-20080264412-A1 to Meyer; US-20100147310-A1 to Brewer; US-20110094511-A1 to Zachariah; US-20110108031-A1 to Korneff; US-20130333701-A1 to Herron; US-20140102452-A1 to Forrester; US-20150276097-A1 to Carlson; US-20160243329-A1 to Chen; US-20160263342-A1 to Polin; US-20160310692-A1 to Drew; US-20170050369-A1 to Kerber; US-4248217-A to Brisson; US-4336798-A to Beran; US-5357948-A to Eilentropp; US-5823184-A to Gross; and US-9566399-B1 to Bono.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TYLER RAUBENSTRAW whose telephone number is (571)272-0662. The examiner can normally be reached Monday-Friday 7:30-5:30.
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, BRANDY LEE can be reached at 571-270-7410. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TYLER A RAUBENSTRAW/Examiner, Art Unit 3785
/BRADLEY H PHILIPS/Primary Examiner, Art Unit 3799
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