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 .
Rejections 35 U.S.C. § 103
1. 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.
Claims 1-3, 17 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over WIPO Publication (2019/011591) to Maier (cited previously) in view U.S. Patent (7,168,127) to Genoa et al.
Regarding independent claim 1, Maier teaches most of the elements of claim 1, vacuum cleaner hose (30), with an inner hose (40), which is profiled in wave shape and surrounded by a substantially smooth sheathing (51) and which is provided at least one end (160) with a hollow connecting member (90), into which the inner hose (40) with the sheathing (51) extends and in which the sheathing (51) is secured to the inner hose (40) (See page 8 fourth paragraph English translation for Maier). Except, Maier is silent regarding the inner hose (40) retained by way of a sheathing lock.
However, Genoa et al. teaches a vacuum cleaner hose assembly (See Col. 55-60 and FIG. 26 of Genoa et al.) having a flexible cleaner hose (14). Genoa et al. teaches that a cuff end (28) of the hose (14) includes locking surfaces (112B, 174) in order to facilitate the locking of the cuff end (28) onto the tool part (126) (See Col. 12 lines 25-45 of Genoa et al.). It would have been obvious for one of ordinary skill in the art at the time before the effective filing date to modify Maier with Genoa et al. to include a sheathing lock (172, 174) as taught in Genoa et al. et al. in order to facilitate locking onto the connecting member (90).
Maier as modified with Genoa et al. teaches a retaining sleeve (70) is mounted on the inner hose (40), the sleeve forming a first abutment surface (71) for the connecting member (90) and having a second abutment surface (SA) for a connecting member lock (80) (See page 9 of English translation for Maier), which is secured to the connecting member (90) so as to fix the connecting member (90) tension-resistantly and compression-resistantly with respect to the inner hose (40) by way of the retaining sleeve (70), characterized in that the sheathing (51) in the connecting member (90) ends substantially either flushly with the end (41) of the inner hose (40) or projects axially slightly beyond the end (16, 16') of the inner hose (12, 12') only slightly, with the sheathing lock (29, 30) mechanically positively fixes the sheathing (51) to the outer circumference (52) of the inner hose (40) so that at the sheathing lock (172, 174) a relative sliding or rotation between the sheathing (51) and the inner hose (40) does not take place, when the retaining sleeve (70) is mechanically positively secured to the inner circumference (52) of the inner hose (40) (See page 10 of English translation for Maier).
Regarding claim 2, Maier as modified with Genoa et al. teaches that the retaining sleeve (70) is constructed in the form of a collar sleeve (72), with a sleeve section (72) joinable to the inner circumference (26, 26') of the inner hose (40) and a collar section (56, 56') which is connected with the sleeve section (54, 54') and which forms the first and second abutment surfaces (SA) (See page 10 of English translation for Maier).
Regarding claim 3, , Maier as modified with Genoa et al. teaches extends in radial direction, for mechanically positive engagement with the wave-shaped profiling (See FIG. 6 of Maier) of the inner hose (40) or a contour (60, 60') complementary with the wave-shaped profiling (38, 38') of the inner hose (12, 12') is formed at the outer circumference (near SA) of the sleeve section (72) of the retaining sleeve (70).
Regarding claim 17, Maier as modified with Genoa et al. teaches that the sheathing (51) is a braiding of monofilamentary and/or multifilamentary plastics material threads.
Regarding claim 18, Maier as modified with Genoa et al. teaches that the sheathing lock (172, 174) is arranged axially in the region of the retaining sleeve (70) so that the retaining sleeve (70) forms a counter-bearinq for the inner hose (40) when the sheathing (51) is secured to the inner hose (40) by way of the sheathing lock (172, 174). As mentioned above, it would have been obvious for one of ordinary skill in the art at the time before the effective filing date to modify Maier with Genoa et al. to include a sheathing lock (172, 174) as taught in Wood et al. in order to facilitate locking onto the connecting member (90).
Allowable Subject Matter
2. Claims 4-16, 19 and 20 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.
Response to Arguments
3. Applicant’s arguments with respect to claims 1-3, 17 and 18 have been considered but are moot because the new ground of rejection does not rely on any rejection applied in the Office Action of record for any teaching or matter specifically challenged in the argument.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Conclusion
4. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL D. JENNINGS whose telephone number is (571)270-1536. The examiner can normally be reached M-F 8-4:30pm. EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Monica S. Carter can be reached at (571) 272-4475. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL D JENNINGS/Primary Examiner, Art Unit 3723
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