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 .
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 protective outer layer claimed in claim 14 and a pre-defined mold geometry claimed in claim 15 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.
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) 20-22 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Borgmeier (US 2009/0238547).
Borgmeier discloses the structure of a heater hose claimed including an inner core tube (2) of a length L, a single electrically conductive layer having a first pair (3, 4) and a second pair (5, 6) helically wound heating wires (as illustrated in Figure 1) wherein the first pair (3, 4) has a combined electrical resistance R1 (as the first pair can be connected in series or parallel; para 0005 and 0006) along the tube length providing its respective total power output P, the second pair (5 ,6) having a second combined resistance R2 (as the second pair can be connected in series or parallel) that also provides its respective total power output such that a same total power output can be made obtained by connecting the first pair and the second pair in series as claimed, and Borgmeier also discloses the heating wires having a pitch (constant or equal pitch; para 00014) along with winding angle along the length of the core tube, and an outer thermal insulation layer (8) for protection of the hose.
With respect to claim 21, Borgmeier discloses an electrically non-conductive separating layer (7 which is made of a plastic material) disposed between the outer thermal insulation layer and the single electrically conductive layer. Also, see Figure 1.
With respect to claim 22, Borgmeier discloses that the first and second pair of helically wound heating wires have a constant pitch (para 0014) which therefore also has a constant winding angles (to maintain the constant helically wound pitch) as illustrated in Figure 1.
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) 1-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lequeux (US 5,428,706) in view of Borgmeier (US 2009/0238547).
Lequeux discloses the hose assembly claimed including an electrically non-conductive core tube (4), a plurality of electrically conductive layers (5a, 5b) of heating wire wherein a first electrically conductive layer surrounds the core tube (5a), an electrically non-conductive separating layer (23) is provided between two adjacent electrically conductive layers (5a, 5b) whereby an outer combination of the electrically non-conductive layer and the electrically conductive layer surrounds a radially inward electrically conductive layer (5b), an electrically non-conductive insulating cover (1) surrounding an outermost electrically conductive layer (5a) wherein the separating layer can be removable to reveal or expose at least a portion of the radially inward electrically conductive layer (5b) for making an electrical connection thereto. But, Lequeux does not show each of the conductive layer includes a pair of helically wound individual heating wires wherein the pair of heating wires are connectable after a removal of the electrically non-conductive separating layer.
Borgmeier discloses it is known to provide a hose assembly with a conductive layer having at least one pair of helically wound individual heating wires/conductors (e.g. conductors 3 and 4) with an insulation/protective layer (7) that is at least removed to expose ends of the wires as illustrated in Figure 1 wherein the ends of the wires are connectable to connect the individual wires in series or parallel connection so that different electrical resistance value can be provided to produce various desired heating powers (also, see Abstract; and para 0005 and 0006).
In view of Borgmeier, it would have been obvious to one of ordinary skill in the art to adapt Lequeux with each of the conductive layers that is provided with a pair of individual wires which can be connected to each other in series or in parallel connection, as the insulation separation cover is removed to expose the connecting ends of the heating wires, to predictably provide for a desired heating output that depends on the total resistance of the individual heating wires connected.
With respect to claim 2, Lequeux as modified by Borgmeier discloses a first pair of individual wires for the first conductive layer (5a) wherein Borgmeier discloses that the pair of individual wires can be connected in series (which would increase a total resistance) or in parallel (which would reduce a total resistance) that provides a first combined resistance wherein a total power output (which is based on the total resistance) is predictably produced upon application of a first voltage/power.
With respect to claim 3, Lequeux as modified by Borgmeier discloses a second pair of individual wires for the second conductive layer (5b) wherein Borgmeier discloses that the pair of individual wires can be connected in series (which would increase a total resistance) or in parallel (which would reduce a total resistance) that provides a second combined resistance (based on the total resistance) wherein a total power output is predictably produced upon application of a first voltage/power.
With respect to claim 4, Lequeux discloses the first and second electrically conductive layers but does not explicitly disclose for third electrically conductive layer, but Lequeux discloses for the optimization of the various characteristics of the layers of the conductive wires (column 10, line 66 to column 11, line 11) wherein it would have been obvious to adapt Lequeux with a third electrically conductive layer for added heating capacity in addition to the first and second electrically conductive layers wherein the third electrically conductive layer would further include a pair of individual wires, as taught by Borgmeier, which allows the pair of individual wires that can be connected in series (which would increase a total resistance) or in parallel (which would reduce a total resistance) that provides a third combined resistance (based on the total resistance) wherein a total power output is predictably produced upon application of a first voltage/power.
With respect to claims 5 and 6, Lequeux as modified by Borgmeier discloses the individual heating wires that are helically wound a pitch and a pitch angle relative to a longitudinal axis of the hose assembly wherein the pitch and/or pitch angle of different electrically conductive wires would be made equal as a matter of routine experimentations or optimizations to produce a uniform heating distribution along the hose assembly.
With respect to claim 7, Borgmeier discloses for a given pair of helically wound individual heating wires, windings of a first individual heating wire (shown by the conductor 1) alternatives with windings of a second individual heating wire (shown by the conductor 2) as illustrated in Figure 1.
With respect to claim 8, Lequeux discloses for tubular sheath layers that are unboned (column 9, lines 33-43) that allows for flexibility and tensile strength wherein the layers, including the separation layers, are made of plastic or elastomer which is known to be a polymer composite. Also, see column 6, lines 24-3133; and column 8, lines 53-56.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lequeux in view of Borgmeier as applied to claims 1-8 above, and further in view of Theis (US 2011/0048566).
Lequeux in view of Borgmeier discloses the hose assembly claimed including the heating wires having different colors that are representative of its resistance (para 0018 of Borgmeier) but does not show the separating layers each having different colors.
Theis discloses it is known to provide a hose having a plurality of separation layers or covers wherein the covers are made of different thermoplastic materials, abrasion resistance, or colors which are used for a great degree of flexibility in terms of design specificity (para 0037).
In view of Theis, it would have been obvious to one of ordinary skill in the art to adapt Lequeux, as modified by Borgmeier, with the separating layers that are provided with different colors to allow for design specificity as taught by Theis to distinguish one separation layer from another layer to predictably assemble the hose having different thermoplastic materials or abrasion resistances as desired by the user.
Claim(s) 12, 13 and 16-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lequeux (US 5,428,706) in view of Borgmeier (US 2009/0238547).
With respect to claim 12, Lequeux discloses the method of a hose assembly claimed including an inner core (4), a first separation layer (23), a second separation layer (6), an outer thermal insulation cover layer (1) that are formed by extrusion (column 5, lines 16-29; column 6, lines 24-31) wherein the inner core is made of a thermoplastic polymer (column 6, lines 16), the outer cover layer made of foam PVC/polymer composition (column 6, lines 18-23) wherein the separation layers that are made of the same material as that of the inner core or the outer cover, a first electrically conductive layer (5b) helically or spirally wound on the inner core, and a second conductive layer (5a) helically wrapping or winding on the first separating layer (23). But, Lequeux does not explicitly show a third electrically conductive layer, cutting the hose assembly, skiving or removing the outer thermal and underlying separation layers to the desired final length and exposing first, second, and third pair of individual heating wires wherein the individual heating wires of the first pair is connected in series and to a voltage supply as claimed.
Borgmeier discloses it is known to provide a hose assembly with a conductive layer having at least one pair of helically wound individual heating wires/conductors (e.g. conductors 3 and 4) with an insulation/protective layer (7) wherein the hose assembly is cut to a desired length (as a desired final length) wherein the outer layer (8) and a cover layer (7) are removed that form the final length while exposing the ends of the heating wires that allows the ends of the wires to be connected in series (or parallel) so that different electrical resistance value can be provided to produce various desired heating powers (also, see Abstract; and para 0005 and 0006).
In view of Borgmeier, it would have been obvious to one of ordinary skill in the art to adapt Lequeux with the hose assembly that is cut to a desired length for the desired heating output as the individual wires of the first pair can be connected in series that is predictably connected to a voltage source to produce a desired heating output, and while Lequeux explicitly disclose for a third electrically conductive layer, Lequeux discloses for the optimization of the various characteristics of the layers of the conductive wires (column 10, line 66 to column 11, line 11) wherein it would have been obvious to allow Lequeux with a third electrically conductive layer for predictably providing added or increased heating capacity in addition to the first and second electrically conductive layers.
With respect to claim 13, as Lequeux discloses for extrusion for forming the separation layers, it would have been obvious to form a third separation layer over the third electrically conductive layer for the protection of the third conductive layer prior to forming the cover layer.
With respect to claim 16, Borgmeier discloses for cutting the hose to a desired length (para 0004-0005).
With respect to claims 17-19, Lequeux in view of Borgmeier discloses for unravelling the individual heating wires from the hose assembly (as illustrated in Figure 1 of Borgmeier) and allow the heating wires to be connected in series (para 0005 and 0006) so that a desired total resistance can be made to produce its respective power output wherein the second as well as the third pair of individual heating wires would be unraveled to allow the individual heating wires to conveniently routed to make the electrical connection as desired.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lequeux in view of Borgmeier as applied to claims 12, 13 and 16-19 above, and further in view of Regge (US 4,667,084).
Lequeux in view of Borgmeier discloses the method claimed except for a protective outer layer as claimed.
Regge discloses it is known to provide an thermal insulation cover (17) that is further provided with a protective outer layer (18) that is wrapped around the cover as illustrated in Figure 2. Also, see column 1, lines 24-29.
In view of Regge, it would have been obvious to one of ordinary skill in the art to adapt Lequeux, as modified by Borgmeier, with a protective outer layer that wrapped around an outer cover layer for an added protection against heat losses.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lequeux in view of Borgmeier as applied to claims 12, 13 and 16-19 above, and further in view of Neaves (US 4,698,890).
Lequeux in view of Borgmeier discloses the method claimed including cutting the hose assembly into a desired length (para 0005) but does not does not disclose for thermal forming the cut length into a desired shape using a pre-defined mold geometry.
Neaves shows it is known to provide a pre-defined mold (48; also see column 4, lines 40-47) that forms a hose having a desired shape (e.g., corrugated hose).
In view of Neaves, it would have been obvious to one of ordinary skill in the art to adapt Lequeux, as modified by Borgmeier, with the hose assembly that is predictably formed and made into a desired shape using a pre-defined molded geometry to render the hose assembly more resilient that conforms to a desired application of the hose assembly.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Braun (US 4,229,613) discloses a hose having a plurality of electrically conductive wires.
Azuma (US 5,796,076) discloses for a plurality of heating elements that can be connected in series or in parallel for a desired heating power output.
Etlinger (US 4,431, 031) discloses for a hose assembly formed by extruded layers.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SANG Y PAIK whose telephone number is (571)272-4783. The examiner can normally be reached 9:00-5:30; M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven W. Crabb can be reached at 571-270-5095. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SANG Y PAIK/Primary Examiner, Art Unit 3761
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