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 § 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(s) 1-4 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Adir (US 2021/0180299).
Regarding claim 1, Adir discloses a stowable conduit assembly (8) comprising: a tube (106) being elongated and defined by a perimeter wall (the outer wall of 106) having a first end (the end connected to 102) and a second end (the end connected to 148), the first end having an opening (the central opening at the first end) therein extending through a length of the tube and outwardly through the second end (Fig. 1), the tube being comprised of a bendable material (para. [0050]); the perimeter wall including a first living hinge (the portion at one of the spaces “T” as shown in Fig. 5) and a second living hinge (one of the spaces “T” that are opposite the first living hinge), the first and second living hinges each being elongated and extending from the first end to the second end (as shown in Fig. 4, see how the spaces “T” extend throughout the length of 106), the first living hinge being positioned opposite of the second living hinge (Fig. 5), the first and second living hinges facilitating bending of the perimeter wall along the first and second living hinges (as shown best in Fig. 6), a cross-section of the tube taken perpendicular to a longitudinal axis extending through the first and second ends forming a tubular shape when the first and second living hinges are in a relaxed state (Fig. 5), the first and second living hinges dividing the perimeter wall into a first wall section and a second wall section being positioned opposite of each other (the sections on each side of the first and second living hinges defined above; Fig. 5), the first and second wall sections being collapsible against each other when the first and second living hinges are biased against the relaxed state such that the tube is placed in a flattened state (para. [0060]; Fig. 6); and the first end of the tube being rollable toward the second end when the tube is in the flattened state to form a flat spiral and define a stored condition, the tube being unrolled and the first and second flat hinges returned to a relaxed state to define a deployed condition (when the tube is completely flattened as shown in Fig. 6, the tube is at least capable of being rolled in a flat spiral shape and unrolled back to the relaxed position as shown in Fig. 1).
Regarding claim 2, Adir further discloses the stowable conduit assembly according to claim 1, wherein the bendable material is a plastic material.
Regarding claim 3, Adir further discloses the stowable conduit assembly according to claim 2, wherein the tube has a length from the first end to the second end between 15.0 cm and 30.0 cm. (para. [0051])
Regarding claim 4, Adir further discloses the stowable conduit assembly according to claim 3, wherein the tube has an interior diameter between 0.4 cm and 1.25 cm, the tube having an outer diameter being less than 0.1 cm greater than the interior diameter. (para. [0055]; Fig. 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 (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) 5 and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Adir in view of Pepper (US 2019/0313820).
Regarding claim 5, Adir further discloses the stowable conduit assembly according to claim 4, but fails to disclose a storage container having a size and shape to receive the tube in the stored condition.
Pepper teaches a storage container (300) having a size and shape to receive the tube in the stored condition. (Figs. 7 and 8)
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the application to modify the stowable conduit assembly of Adir to include a storage container as taught by Pepper in order to provide a means to store the tube and stow it for ease of carrying. (para. [0061])
Regarding claim 6, Adir further discloses the stowable conduit assembly according to claim 1, but fails to disclose a storage container having a size and shape to receive the tube in the stored condition.
Pepper teaches a storage container (300) having a size and shape to receive the tube in the stored condition. (Figs. 7 and 8)
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the application to modify the stowable conduit assembly of Adir to include a storage container as taught by Pepper in order to provide a means to store the tube and stow it for ease of carrying. (para. [0061])
Allowable Subject Matter
Claim 10 is allowed.
Claims 7-9 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAUL J GRAY whose telephone number is (571)270-0544. The examiner can normally be reached 9:00 am - 5:00 pm, Monday - Friday.
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/PAUL J GRAY/Primary Examiner, Art Unit 3753