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 with traverse of Group I (clams 1-10) in the reply filed on 04 February 2026 is acknowledged. The traversal is on the ground(s) that the shared technical feature of the Groups is a special technical feature in view of the cited prior art. This is not found persuasive because the elements of the shared technical feature are disclosed by WO2020/209352 as set forth in the rejection below. Applicant’s arguments are all based on an interpretation of the prior art that maps element 2 of Toyox to the claimed conductive track and element 3 of Toyox to the claimed conductive wire. Nothing in the claims requires the alternative interpretation (2, conductive wire; 3, conductive track) of the prior art that maps to the claimed device as set forth below.
The requirement is still deemed proper and is therefore made FINAL.
Claims 11-22 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 04 February 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.
Claims 1-3, is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by USPN 2022/0205563 to Toyox Co. , LTD (Toyox).
With regard to claim 1, Toyox discloses a flexible hose (Toyox, abstract “antistatic flexible hose”), with a wall which by an inner side delimits a cavity for the conveying of media (as shown in fig2b) the inside of the flexible tube is a cavity ) and has (this limitation is interpreted to further define the hose not necessarily the hose wall) at least at an outer side a profiling which as seen in section along a longitudinal axis of the hose has a wave shape with elevations and depressions (when viewed in cross section of the cutaway portion of fig. 2(a), the profile of the tube includes peaks and valleys between successive windings of the conductive track), wherein provided at the outer side of the wall is at least one electrically conductive track (the conductive wire 3 described in the abstract is provided at the outer side of the wall (opposite the inner side that conveys fluid) and is wound in a helical manner and then covered with protective layer 4 creates a spirally wound conductive track that can collect unwanted static electricity from all over the hose and provide an electrical connection to the conductive thread for dissapation) which extends around the wall (shown in the figures) and is in electrical contact with at least one electrically conductive thread (2, figs. 2(a)-(b), paragraph 0017 and described in the abstract as the conductive layer) electrically connecting mutually remote ends of the hose (the conductive layer 2 performs the function of providing an electrical pathway between remote ends of the hose), characterized in that the electrically conductive thread extending substantially along the longitudinal axis of the hose (shown in the figures and as described by applicant in the Arguments/Remarks field 04 February 2026) and transversely to the electrically conductive track (shown in fig. 2a) the two elements are arranged transversely) is secured to the outer side of the wall (the act of co-extrusion explained by applicant serves to fix the electrically conductive thread in outer side of the wall of the hose where it can contact the conductive track and allow accumulated static electricity to be dissipated).
With regard to claim 2, Toyox discloses the flexible hose according to claim 1 as set forth above, and further discloses characterized in that the electrically conductive thread is secured to the outer side of the wall by an adhesive strip (the portions of the co-extruded soft material on either side of the conductive thread of Toyox are adhered to the conductive thread during co-extrusion described in paragraph 0026).
With regard to claim 3, Toyox discloses the flexible hose according to claim 2 as set forth above, and further discloses characterized in that the adhesive strip covers the electrically conductive thread to both sides as seen in circumferential direction of the hose (the co-extruded material covers the sides of the conductive thread).
With regard to claim 5, Toyox discloses the flexible hose according to claim 1 as set forth above, and further discloses characterized in that the electrically conductive track on the outer side of the wall is formed near to or at the elevations of the profiling (the conductive track windings are what creates the profiling of the hose with track formed near the elevation of the profiling).
With regard to claim 9, Toyox discloses a flexible hose according to claim 1 as set forth above, and further discloses characterized in that the wall of the hose is formed from a helically wound profile (the electrically conductive track covered by the reinforcing material forms a helically wound profile), wherein adjacent windings of the profile are media-tightly connected together (shown in the figures. The limitation “media-tightly” is considered to mean the connection of the adjacent windings of the profile does not impact the fluid media containing function of the flexible hose. The helically wound profile of Toyox is covered by the reinforcing member 4 as described at paragraph 0033 which creates a media-tight connection along winding of the profile).
With regard to claim 10, Toyox discloses the flexible hose according to claim 9 as set forth above, characterized in that the adjacent windings of the profile are media-tightly connected together by a hot- melt adhesive (paragraph 0033, the material of layer 4 is applied in a liquid state which is a functional equivalent of a hot melt adhesive for attaching the windings securely to the flexible hose).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over USPN 2022/0205563 to Toyox Co. , LTD (Toyox).
With regard to claim 6, Toyox discloses the flexible hose according to claim 1 as set forth above, but fails to further disclose characterized in that the hose is provided at one or both of the mutually remote ends with a hose mounting member of an electrically conductive material.
It would have been obvious to one having ordinary skill in the art at the time of filing to provide an interface with a hose mounting member that is integrated into the rest of the vacuum cleaning device when the device of Toyox is used in the field of its intended use. It would be further obvious to one having ordinary skill in the art at the time of filing to provide an electric pathway for contact with the conductive thread of Toyox in order to perform the function of static electricity buildup dissipation.
Allowable Subject Matter
Claims 4 and 7-8 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.
The following is a statement of reasons for the indication of allowable subject matter: With regard to claim 4, the prior art of record fails to teach or suggest a flexible hose having the electrically conductive thread or the adhesive strip covering the electrically conductive thread surrounded at the outer side of the wall by a braiding of the hose, together in combination with the other elements. With regard to claim 7, the prior art of record fails to teach or suggest a flexible hose having an internally threaded hose mounting member that forms an electrical contact with the electrically conductive thread by clamping the profiling and the internally threaded section of the hose mounting member, together in combination with the other elements. With regard to claim 8, the prior art of record fails to teach or suggest a flexible hose having the end of the hose plugged into an associated receiving section of a hose mounting member and glued to the hose mounting member by an electrically conductive adhesive, into which the electrically conductive thread extends with formation of an electrical contact, together in combination with the other elements.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. USPN 2007/0144756 discloses a static electricity dissipation system in a media transporting hose. USPN 2010/0089479 discloses a spiral wound flexible hose that has electrically conductive wires helical wound in such a manner that the hose can be contracted and expanded without electrical disruption. USPN 4108701 discloses a hose with an embedded static ground conductor. USPN 5416270 discloses a vacuum cleaner hose with integral reinforcing metal members and electrical conducting wires contained in the same structure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID R DEAL whose telephone number is (469)295-9216. The examiner can normally be reached M-F generally 8-4 pm CST.
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/DAVID R DEAL/ Primary Examiner
Art Unit 3753