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 .
Response to Arguments
Applicant’s arguments with respect to claims 1-4 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 1,3,4,8,9,10, 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tom Leeman’s video “How to install the Window Vent for a Portable Toshiba 10000 BTU Air Conditioner”, hereafter known as Leeman.
Regarding claim 1, Leeman discloses a hose holder for holding a hose inside an opening in a structure (16:35-16:42, the hose holder is holding a hose inside an opening in a room, Leeman), said hose holder having a body comprising a top surface and a bottom surface (5:31, hose holder has a top surface and a bottom surface on the underside, Leeman), a first end, and a second end (4:25, hose holder first end, 4:43, holder second end, Leeman) said hose holder comprising:
a hose engagement portion configured to surround at least a portion of a hose (4:54-5:17, hose engagement portion in the form of an oblong hole surrounds the hose inserted within, Leeman);
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 (5:30, perimeter engagement portions in the form of the bent top and bottom sides, as well as the holder ends, Leeman, engage portions of the window opening, 13:59-14:10)),
wherein said hose holder is in the configuration of a bracket having a length extending between the first and second ends (hose holder has a length from first end at 4:25 to second end at 4:43, Leeman), a width that is less than said length (5:31, hose holder has a width that is less than its length, Leeman), and a thickness between said top surface and said bottom surface, wherein the thickness is less than the length and width (5:31, hose holder has a thickness that is less than its length and width, Leeman).
Regarding claim 3, Leeman discloses the hose holder of Claim 1 wherein said hose holder further comprises a plurality of opening positioners that extend generally normal to the bottom surface of the hose holder (5:30, perimeter opening positioners in the form of the bent top and bottom sides extend normal to the bottom surface, Leeman).
Regarding claim 4, Leeman discloses the hose holder of Claim 1 further comprising a plurality of supporting pads joined to the bottom surface of said hose holder (12:04-12:10, plurality of grey pads are joined to the bottom of the hose holder. Leeman)
Regarding claim 8, Leeman discloses the hose holder of Claim 1 having sides (6:22, hose holder has sides, Leeman), wherein the first and second ends and sides of the hose holder form a perimeter that has dimensions (6:22, sides and ends of hose holder forms a perimeter, Leeman), wherein at least some of the dimensions of the perimeter of the hose holder are sized and configured to be larger than the opening so that the hose holder has to be rotated to be inserted into the opening (11:00-11:10, the length of the hose holder is larger than the opening so the holder was rotated while inserting into the opening, Leeman)
Regarding claim 9, Leeman discloses the hose holder of Claim 1 having sides, wherein the sides and the second end of the hose holder are rectilinear (6:22, hose holder is rectilinear, Leeman)
Regarding claim 10, Leeman discloses the hose holder of Claim 1 wherein the body is asymmetrically shaped wherein the first and second ends of the hose holder are asymmetrical with respect to each other (6:22, the right end has a hole that the left end lacks, thus the ends are asymmetrical, Leeman)
Regarding claim 11, Leeman discloses the hose holder of Claim 1 wherein the hose to be held has two ends and sides extending between the two ends (16:35-16:42, hose has two ends and sides between, Leeman), and the hose engagement portion is located at the first end of the hose holder (4:42, hose engagement hole is at right end of hose holder, Leeman), wherein the hose engagement portion defines an opening that is sized and configured for inserting the side of the hose therein (4:49-5:04, the hose is removed from the hose engagement opening, thus the opening is configured to insert one side of the hose, Leeman).
Allowable Subject Matter
Claims 2,12-14 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.
Claim 15 allowed, claims 5-7 were allowed as of the previous office action, and so are also allowed.
Conclusion
THIS ACTION IS MADE FINAL. 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HAOTIAN LU whose telephone number is (571)272-0444. The examiner can normally be reached Monday-Friday 9:00 am-5:00 pm CST.
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, the examiner’s supervisor, Kenneth Rinehart can be reached at (571) 272-4881. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/H.L./Examiner, Art Unit 3753
/KENNETH RINEHART/Supervisory Patent Examiner, Art Unit 3753
Prosecution Insights