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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
The claim to priority filled on 06/29/2023 acknowledged in the instant application.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 06/29/2023, 08/25/2023 and 08/22/2026 in compliance with the provisions of 37 CFR 1. 97. Accordingly, the information disclosure statement has been considered by the examiner.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: Under the detailed description, in page 4, line 16, “location 54” are not shown in any Figures; because they include the following reference character(s) not mentioned in the description: element 2 found in figure 1, and elements 3, 4 and 5 found in figure 2. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, under: claims 8 and 20 respectively, the “a sealed portion” must be shown or the feature(s) canceled from the claim(s); claims 12 and 21 respectively, the “a first sealed portion”, “a first end of the flexible heating element”, “a second sealed portion” and “a second end of the flexible heating element”; claim 22, the “an unsealed portion disposed between the first and second sealed portions” must be shown or the feature(s) canceled from the claim(s) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
4. The disclosure is objected to because of the following informalities:
Under page 3, line 23 contains the information "an additional fitting 42"; under page 8, line 16 contains the information "sealant 42". Numerical 42 been rejected because it been used to identify different items in the specification.
Appropriate correction is required.
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.
Claims 13 and 22 are rejected under 35 U.S.C. 112(b) 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 pre-AIA the applicant regards as the invention.
Claim 13 recites the limitation “the absence of air” in line 2. There is insufficient antecedent basis for this limitation in the claim. Appropriate correction/ clarification is required.
Claim 22 recites the limitation “the first and second sealed portions” in line 2. There is insufficient antecedent basis for this limitation in the claim. Appropriate correction/ clarification 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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-2, 7-12, 14 and 19-22 are rejected under 35 U.S.C. 102(a) (1) as being anticipated by HEISE (WO 96/34511 A1).
Regarding Independent Claim 1, HEISE discloses an internally heated hose comprising:
a multi-layer flexible heating element (a heating cable 10, P 6 of 23 line 28, Figs 1, 4) comprising a sealant material (polymer core 44, P 7 of 23 line 5; gel 29, P 7 of 23 line 17, Figs 2-4) disposed between layers of the multi-layer flexible heating element (44 disposed between layer 22 and layer 48 of 10, Fig 4);
a hose core (a water supply line 12, P 6 of 23 line 29, Fig 1) through which the multi-layer flexible heating element extends (10 is located within and extends along a water supply line 12, P 6 of 23 line 27-29, Fig 1); and
a fitting (a T-fitting 14, P 6 of 23 line 30, Fig 1) coupled to the hose core and through which the multi-layer flexible heating element extends (details see Fig 1), the fitting configured to secure the multi-layer flexible heating element in place and mechanically seal an outer surface of the multilayer flexible heating element (T-fitting 14 through which the cable 10 is inserted and sealed by means of a gland 16, P 6 of 23 line 30-31, Fig 1).
Claim 2, wherein the multi-layer flexible heating element comprises:
a conductive wire (a pair of electrical conductors 22, P 7 of 23 line 4, Fig 4); and
an insulating layer (an insulating sheath 48, P 8 of 23 line 34, Fig 4) forming a sheath around the conductive wire (see Fig 4);
wherein the sealant material is disposed between the conductive wire and the insulating layer (44 is disposed between 22 and 48, Fig 4) to seal a leak path therebetween.
Claim 7, wherein at least one of the protective layer and the insulating layer is a polymer (52… is formed from a translucent plastics material, P 9 of 23 line 4-6).
Claim 8, wherein the sealant material extends a partial length of the multi-layer flexible heating element, forming a sealed portion (one end of which is sealed and the opposite end of which is adapted for connection to a power source, P 4 of 23 line 35-37, see Figs 1, 2, 4).
Claim 9, wherein the fitting comprises a mechanical sealing element (sealed by means of a gland 16, P 6 of 23 line 31, Fig 1) disposed around an outer surface of the sealed portion of multi-layer flexible heating element (16 disposed around an outer surface of the sealed portion of 10, Fig 1).
Claim 10, wherein the sealed portion of the multi-layer flexible heating element extends beyond the mechanical sealing element to a location inside the fitting (the sealed portion of 10 extends beyond 16 to a location inside 14, see Fig 1).
Claim 11, wherein the sealed portion of the multi-layer flexible heating element extends to a location of the multi-layer flexible heating element positioned in the hose core (the sealed portion of 10 extends to a location of 10 positioned in 12, see Fig 1).
Claim 12, wherein the sealed portion is a first sealed portion extending from a first end of the multi-layer flexible heating element (a first sealed portion 44 extending from a first end of 10, Figs 1, 4) and wherein the multilayer flexible heating element further comprises a second sealed portion extending from a second end of the flexible heating element (a second sealed portion 29 extending from a second end of 10, Figs 1-2), the second sealed portion formed by the sealant material (see Figs 1, 2, 4).
Regarding Independent Claim 14, HEISE discloses a flexible heating element (a heating cable 10, P 6 of 23 line 28, Figs 1, 4) for an internally heated hose, the flexible heating element comprising:
a conductive wire (a pair of electrical conductors 22, P 7 of 23 line 4, Fig 4);
an insulating layer (an insulating sheath 48, P 8 of 23 line 34, Fig 4) forming a sheath around the conductive wire; and
a sealant material (polymer core 44, P 7 of 23 line 5, Fig 4) disposed between the conductive wire and the insulating layer to seal a leak path therebetween (see Fig 4).
Claim 19, wherein at least one of the protective layer and the insulating layer is a polymer (52… is formed from a translucent plastics material, P 9 of 23 line 4-6).
Claim 20, wherein the sealant material extends a partial length of the multi-layer flexible heating element, forming a sealed portion (one end of which is sealed and the opposite end of which is adapted for connection to a power source, P 4 of 23 line 35-37, see Figs 1, 2, 4).
Claim 21, wherein the sealed portion is a first sealed portion extending from a first end of the multi-layer flexible heating element (a first sealed portion 44 extending from a first end of 10, Figs 1, 4) and wherein the multilayer flexible heating element further comprises a second sealed portion extending from a second end of the flexible heating element (a second sealed portion 29 extending from a second end of 10, Figs 1-2), the second sealed portion formed by the sealant material (see Figs 1, 2, 4).
Claim 22, and further comprising an unsealed portion disposed between the first and second sealed portions (an unsealed portion 26 disposed between the first sealed portion 44 and the second sealed portion 29, Figs 1-4).
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 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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claims 4, 13 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over HEISE (WO 96/34511 A1) in view of Carver (US 3,889,047).
Regarding Claims 4, 13 and 16, HEISE discloses Claim 4, wherein the multi-layer flexible heating element further comprises a reinforcing layer (a metallic sheath 30, P 7 of 23 line 33, Fig 1) forming a sheath around the insulating layer (30 forming a sheath around 48, Figs 1, 4), Claim 16, and further comprising a reinforcing layer (a metallic sheath 30, P 7 of 23 line 33, Fig 1) forming a sheath around the insulating layer (30 forming a sheath around 48, Figs 1, 4),
HEISE discloses the invention as claimed and as discussed above; except does not disclose Claim 4, wherein the sealant material is further disposed between the reinforcing layer and the insulating layer to seal a leak path therebetween; Claim 13, wherein the sealant material is an anaerobic sealant configured to cure in the absence of air. Claim 16, wherein the sealant material is further disposed between the reinforcing layer and the insulating layer to seal a leak path therebetween.
Carver teaches a multi-layer flexible heating element (a water-proof sealed electrical joint with sleeve 5 and conductive ends 1 and 2, insulating jackets 3 and 4, Col 2 line 45-55, Fig 2. Note: “a multi-layer flexible heating element” taught by HEISE already), and Claim 4, wherein the sealant material (anaerobic sealant material 6, Col 3 line 1, Fig 2. Note: “the sealant material’ taught by HEISE already) is further disposed between the reinforcing layer and the insulating layer (6 is disposed between 5 and 3, Fig 3. Note: “the reinforcing layer and the insulating layer” taught by HEISE already) to seal a leak path therebetween. Claim 13, wherein the sealant material is an anaerobic sealant (anaerobic sealant material 6, Col 3 line 1, Fig 2. Note: “the sealant material’ taught by HEISE already) configured to cure in the absence of air (so as to prevent air from reaching the sealant 16, Col 3 line 65-66). Claim 16, wherein the sealant material (anaerobic sealant material 6, Col 3 line 1, Fig 2. Note: “the sealant material’ taught by HEISE already) is further disposed between the reinforcing layer and the insulating layer (6 is disposed between 5 and 3, Fig 3. Note: “the reinforcing layer and the insulating layer” taught by HEISE already) to seal a leak path therebetween.
Therefore, it would have been obvious before the effective filling date of the claimed invention to one of ordinary skill in the art to modify HEISE with Carver’s further teaching of Claim 4, wherein the sealant material is further disposed between the reinforcing layer and the insulating layer to seal a leak path therebetween; Claim 13, wherein the sealant material is an anaerobic sealant configured to cure in the absence of air; and Claim 16, wherein the sealant material is further disposed between the reinforcing layer and the insulating layer to seal a leak path therebetween; because Carver teaches, in Abstract, of providing an excellent water-proof insulation for an electrical connection to prevent air from reaching the sealant, which then polymerizes.
Claims 5 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over HEISE in view of Carver applied to claim 4, further in view of Gurevich (US 4,435,639).
Regarding Claims 5 and 17, HEISE discloses Claim 5, wherein the reinforcing layer is a stainless-steel braid (metallic sheath 30 is preferably a braided stainless-steel sheath, P 7 of 23 line 35). Claim 17, wherein the reinforcing layer is a stainless-steel braid (metallic sheath 30 is preferably a braided stainless-steel sheath, P 7 of 23 line 35).
HEISE discloses the invention as claimed and as discussed above; except does not disclose Claim 5, and wherein the sealant material fills voids in the stainless-steel braid. Claim 17, and wherein the sealant material fills voids in the stainless-steel braid.
Gurevich teaches a multi-layer flexible heating element (water-blocking section of a self-regulating heater comprises two electrodes 11 and 12… an inner insulating jacket 14, a metallic braid 15, Col 2 line 41-57, Fig 1. Note: “a multi-layer flexible heating element” taught by HEISE already), and Claim 5, and wherein the sealant material (a hot melt adhesive 17, Col 2 line 50, Fig 1. Note: “the sealant material” taught by HEISE already) fills voids in the stainless-steel braid (17 fills voids in 15, Figs 1-2). Claim 17, and wherein the sealant material (a hot melt adhesive 17, Col 2 line 50, Fig 1. Note: “the sealant material” taught by HEISE already) fills voids in the stainless-steel braid (17 fills voids in 15, Figs 1-2). Therefore, it would have been obvious before the effective filling date of the claimed invention to one of ordinary skill in the art to modify HEISE in view of Carver with Gurevich’s further teaching of Claim 5, and wherein the sealant material fills voids in the stainless-steel braid; and Claim 17, and wherein the sealant material fills voids in the stainless-steel braid; because Gurevich teaches, in Col 2 line 50-53, of providing an excellent waterproof seal between the inner jacket and an outer sleeve 18.
Claims 6 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over HEISE in view of Carver applied to claim 4, further in view of Fonarev Z I (FR 2288933 A1).
Regarding Claims 6 and 18, HEISE discloses the invention as claimed and as discussed above; except does not disclose Claims 6 and 18.
Fonarev Z I teaches a multi-layer flexible heating element (a flat tape 1, comprising eight electroconductive wires 2, Sec. 1 of [0004], Fig 1. Note: “a multi-layer flexible heating element” taught by HEISE already), and wherein the multi-layer flexible heating element further comprises a protective layer (a second guipure 6, Fig 1, Sec. 2 of [0004]) forming a sheath around the reinforcing layer (first guipure 4, Fig 1, Sec. 2 of [0004]. Note: “the reinforcing layer” taught by HEISE already), wherein the sealant material (a coating 5 of the aforementioned organo-silicone, Sec. 2 of [0004], Fig 1. Note: “the sealant material” taught by HEISE already) is further disposed between the protective layer and the reinforcing layer (a second guipure 6… also made of glass fibers or silica fibers, surrounds the first guipure 4 and its coating 5, Sec. 2 of [0004], Fig 1) to seal a leak path therebetween (in particular impermeability to moisture, Sec. 3 of [0003]). Claim 18, further comprises a protective layer (a second guipure 6, Fig 1, Sec. 2 of [0004]) forming a sheath around the reinforcing layer (first guipure 4, Fig 1, Sec. 2 of [0004]. Note: “the reinforcing layer” taught by HEISE already), wherein the sealant material (a coating 5 of the aforementioned organo-silicone, Sec. 2 of [0004], Fig 1. Note: “the sealant material” taught by HEISE already) is further disposed between the protective layer and the reinforcing layer (a second guipure 6… also made of glass fibers or silica fibers, surrounds the first guipure 4 and its coating 5, Sec. 2 of [0004], Fig 1) to seal a leak path therebetween (in particular impermeability to moisture, Sec. 3 of [0003]). Therefore, it would have been obvious before the effective filling date of the claimed invention to one of ordinary skill in the art to modify HEISE in view of Carver with Fonarev Z I’s further teaching of Claims 6 and 18; because Fonarev Z I teaches, in Sec. 3 of [0003], of providing an excellent heating tape that can withstand high temperatures, and in which the problems of electrical insulation and sealing, and in particular impermeability to moisture, are solved simultaneously and satisfactorily.
Conclusion
11. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Applicant is advised to refer to the Notice of References Cited for pertinent prior art. Any inquiry concerning this communication or earlier communications from the examiner should be directed to KUANGYUE CHEN whose telephone number is 571/272-8224. The examiner can normally be reached on M-F 9:00-5:00 EST.
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, supervisor Ibrahime Abraham can be reached on 571/270-5569, supervisor Steven Crabb can be reached on 571/270-5095, or supervisor Edward Landrum can be reached on 571/272-5567. The fax phone number for the organization where this application or proceeding is assigned is 571/273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866/217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800/786-9199 (IN USA OR CANADA) or 571/272-1000.
/KUANGYUE CHEN/
Examiner, Art Unit 3761
/ELIZABETH M KERR/Primary Examiner, Art Unit 3761
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