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 .
Drawings
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, the installation steps of claims 5-7 must be shown or the features canceled from the claims. 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.
Claim Rejections - 35 USC § 102
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 1-3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Everhart (US 20030199242 A1), hereafter known as Everhart.
Regarding claim 1, Everhart discloses a hose holder for holding a hose inside an opening in a structure (figs 2 and 3, hose holder 38 holds conduit 107 inside opening in structure 30, Everhart) said hose holder having a top surface and a bottom surface (fig 3, top surface of hose holder 38 is the surface facing face 36, to the left, bottom surface is the surface facing handle 41 to the right, Everhart), said hose holder comprising:
a hose engagement portion configured to surround at least a portion of a hose (fig 3, hose engagement portion 72 surrounds hose 107, Everhart);
and perimeter engaging portions joined to said hose engagement portion for engaging the portions of the structure adjacent to the opening into which the hose is inserted and holding the hose holder within the opening (figs 2 and 3, perimeter engaging portions 66 and 132 engage portions of structure 30 adjacent to the opening into which hose 107 is inserted. Portions 66 and 132 also hold hose holder 38 within the opening in 30, Everhart).
Regarding claim 2, the hose holder of Claim 1 further comprising a plurality of structural members that form connections between the perimeter engaging portions of the hose holder and other parts of the hose holder to form a unitary structure (fig 2, members 74 connects perimeter engaging portions 66 with, hose engaging portion 72, Everhart) wherein the structural members define openings therebetween to let air flow through said openings (fig 2 and 3, openings 101 are between members 74, Everhart).
Regarding claim 3, Everhart discloses the hose holder of Claim 1 wherein said hose holder further comprises a plurality of opening positioners (fig 2 and 3, latches 125 position the hose holder relative to the opening, Everhart) that extend generally normal to the bottom surface of the hose holder (latches 125 extend in the direction of hose 107, and hence is perpendicular, or normal to, the bottom surface of hose holder 38, Everhart).
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.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Everhart.
Regarding claim 4, Everhart discloses the hose holder of Claim 1 further comprising a plurality of supporting pads joined to the bottom surface of said hose holder (not disclosed, Everhart only discloses one gasket, 44 In fig 7, not a plurality). However, it would have been obvious to one having ordinary skill in the art at the time the invention was made to separate the single gasket of Everhart into several smaller gaskets that fit together to function as one large gasket, since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. Nerwin v. Erlichman, 168 USPQ 177, 179. The smaller gaskets can be replaced piecemeal, which is more material efficient than replacing the entire gasket.
Allowable Subject Matter
Claims 5-7 allowed.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 5, the closest prior art is Everhart, which discloses a hose holder for holding a hose inside an opening in a structure (figs 2 and 3, hose holder 38 holds conduit 107 inside opening in structure 30, Everhart) said hose holder having a top surface and a bottom surface (fig 3, top surface of hose holder 38 is the surface facing face 36, to the left, bottom surface is the surface facing handle 41 to the right, Everhart), said hose holder comprising:
a hose engagement portion configured to surround at least a portion of a hose (fig 3, hose engagement portion 72 surrounds hose 107, Everhart);
and perimeter engaging portions joined to said hose engagement portion for engaging the portions of the structure adjacent to the opening into which the hose is inserted and holding the hose holder within the opening (figs 2 and 3, perimeter engaging portions 66 and 132 engage portions of structure 30 adjacent to the opening into which hose 107 is inserted. Portions 66 and 132 also hold hose holder 38 within the opening in 30, Everhart), among other claimed features.
However, the prior art of record does not disclose or reasonably suggest in usable combination turning the hose holder on its side, inserting, then turning the hose holder again, when considered in further combination with the additional limitations of the claim.
Furthermore, the prior art of record does not provide a motivation for modifying the hose holder of Everhart to rotate on one of its sides prior to inserting into the opening as required by the claim with all of the limitations of independent claims included, as the mechanism that secured the hose holder in the opening of structure 30 depends on its inability to rotate (figs 11b-c, paragraph 0034, Everhart), and allowing the hose holder to rotate after insertion would reduce the effectiveness of the retaining mechanism. Therefore, claim 5 is allowable over the prior art of record. Claims 6 and 7 are dependent on claim 5, and therefore are also allowed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Thompson (US 20110175350 A1) discloses a coupler to blow air into aircraft pack bays.
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/H.L./Examiner, Art Unit 3753
/KENNETH RINEHART/ Supervisory Patent Examiner, Art Unit 3753