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 .
Election/Restrictions
Applicant's election with traverse of Species A in the reply filed on 12/17/2025 is acknowledged. The traversal is on the ground(s) that there is no search and/or examination burden . This is not found persuasive because each species requires a different search including separately searching the different arrangements of the retainers.
The requirement is still deemed proper and is therefore made FINAL.
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 outer support conduit forms at least a portion of the second tube (Claim 7, 16), a portion of the second tube is retained within the outer support conduit (Claim 8) 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 Objections
Claim 6, line 2; claim 15, line 5 is objected to because of the following informalities: “a fire” should be - -the fire- -. Appropriate correction is required.
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.
Claim(s) 1-7, 13-16, 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gastonides et al (US 20110048747) in view of Wesseloh (US 20230068098).
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Annotated Figure 4 of Wesseloh
Regarding claim 1, Gastonides discloses a system (Figure 1) for suppressing a fire (Paragraph 0018) within a cargo compartment (Figure 1; A, Paragraph 0018) of a vehicle (The aircraft of Paragraph 0003)
Gastonides does not disclose the system comprising:
an outer support conduit having a first diameter; and
a first tube having one or more portions retained within the outer support conduit, the first tube having a second diameter that is less than the first diameter,
wherein the outer support conduit is configured to deliver a first portion of a fire suppression agent around the one or more portions of the first tube, and wherein the first tube is configured to deliver a second portion of the fire suppression agent.
However, Wesseloh teaches a system (Figure 4) for suppressing a fire (Figure 1; 22), the system comprising:
an outer support conduit (Annotated Figure 4; labeled outer support conduit) having a first diameter (The diameter of the outer support conduit); and
a first tube (Annotated Figure 4; labeled first tube) having one or more portions (The portion of the first tube within the outer support conduit) retained within the outer support conduit (The portion of the first tube in the outer support conduit), the first tube having a second diameter (The diameter of the first tube) that is less than the first diameter,
wherein the outer support conduit is configured to deliver a first portion (The fire suppression agent from Figure 4; 42) of a fire suppression agent (The fire suppression agent from Figure 4; 42, 24) around the one or more portions of the first tube, and wherein the first tube is configured to deliver a second portion (The fire suppression agent from Figure 4; 24) of the fire suppression agent.
Therefore, it would have been obvious to one of ordinary skill in the art at the time of effective filing to modify the invention of Gastonides to include an outer support conduit having a first diameter; and a first tube having one or more portions retained within the outer support conduit, the first tube having a second diameter that is less than the first diameter, wherein the outer support conduit is configured to deliver a first portion of a fire suppression agent around the one or more portions of the first tube, and wherein the first tube is configured to deliver a second portion of the fire suppression agent as taught by and suggested by Wesseloh in order to discharge a large liquid flow (Paragraph 0118, The modification uses outer support conduit and first tube of Wesseloh in Gastonides).
Regarding claim 2, Gastonides in view of Wesseloh teaches the invention as claimed.
Gastonides further discloses the vehicle is an aircraft (The aircraft is a vehicle).
Regarding claim 3 (Please note that this uses a first interpretation of the prior art and unless otherwise stated dependent claims use the first interpretation), Gastonides in view of Wesseloh teaches the invention as claimed.
Gastonides further discloses a first tank (A first instance of Figure 1; 24) in fluid communication with a first tube (The line connecting the first instance of Figure 1; 24 to 23);
a second tank (A second instance of Figure 1; 24) in fluid communication with a second tube (The line connecting the second instance of Figure 1; 24 to 23).
Gastonides does not disclose a first tank in fluid communication with the first tube, wherein the first tank is configured to retain the second portion of the fire suppression agent; and
a second tube in fluid communication with the outer support conduit; and
a second tank in fluid communication with the second tube, wherein the second tank is configured to retain the first portion of the fire suppression agent.
However, Wesseloh teaches a first tank (Figure 4; 42) in fluid communication with the first tube, wherein the first tank is configured to retain the second portion of the fire suppression agent; and
a second tube (Annotated Figure 4; labeled second tube. The outer support conduit is any portion of Annotated Figure 4; labeled second tube) in fluid communication with the outer support conduit; and
a second tank (Figure 4; 24) in fluid communication with the second tube, wherein the second tank is configured to retain the first portion of the fire suppression agent.
Therefore, it would have been obvious to one of ordinary skill in the art at the time of effective filing to modify the invention of Gastonides to include a first tank in fluid communication with the first tube, wherein the first tank is configured to retain the second portion of the fire suppression agent; and a second tube in fluid communication with the outer support conduit; and a second tank in fluid communication with the second tube, wherein the second tank is configured to retain the first portion of the fire suppression agent as taught by and suggested by Wesseloh in order to discharge a large liquid flow (Paragraph 0118, This is the same modification as claim 1).
Regarding claim 4, Gastonides in view of Wesseloh teaches the invention as claimed.
Gastonides further discloses a first valve (Figure 1; 26 for the first tube) on or within the first tube; and
a second valve (Figure 1; 26 for the second tube) on or within the second tube.
Regarding claim 5, Gastonides in view of Wesseloh teaches the invention as claimed.
Gastonides further discloses a control unit (Figure 1; 34) in communication with the first valve and the second valve, wherein the control unit is configured to control operation of the first valve and the second valve (Functional Language, Paragraph 0014).
Regarding claim 6, Gastonides in view of Wesseloh teaches the invention as claimed.
Gastonides further discloses one or more sensors (Figure 1; 52 for A) configured to detect the fire (Functional Language, Paragraph 0017), wherein the control unit is in communication the one or more sensors (Functional Language, Paragraph 0017).
Regarding claim 7, Gastonides in view of Wesseloh teaches the invention as claimed.
Gastonides further discloses wherein the outer support conduit forms at least a portion of the second tube (The portion of the second tube formed by the outer support conduit).
Regarding claim 13, Gastonides discloses an aircraft (The aircraft of Paragraph 0003) comprising:
a cargo compartment (Figure 1; A, Paragraph 0018); and
a system (Figure 1) for suppressing a fire (Paragraph 0018) within the cargo compartment.
Gastonides does not disclose the system comprising:
an outer support conduit having a first diameter; and
a first tube having one or more portions retained within the outer support conduit, the first tube having a second diameter that is less than the first diameter,
wherein the outer support conduit is configured to deliver a first portion of a fire suppression agent around the one or more portions of the first tube, and wherein the first tube is configured to deliver a second portion of the fire suppression agent.
However, Wesseloh teaches a system (Figure 4) for suppressing a fire (Figure 1; 22), the system comprising:
an outer support conduit (Annotated Figure 4; labeled outer support conduit) having a first diameter (The diameter of the outer support conduit); and
a first tube (Annotated Figure 4; labeled first tube) having one or more portions (The portion of the first tube within the outer support conduit) retained within the outer support conduit (The portion of the first tube in the outer support conduit), the first tube having a second diameter (The diameter of the first tube) that is less than the first diameter,
wherein the outer support conduit is configured to deliver a first portion (The fire suppression agent from Figure 4; 42) of a fire suppression agent (The fire suppression agent from Figure 4; 42, 24) around the one or more portions of the first tube, and wherein the first tube is configured to deliver a second portion (The fire suppression agent from Figure 4; 24) of the fire suppression agent.
Therefore, it would have been obvious to one of ordinary skill in the art at the time of effective filing to modify the invention of Gastonides to include an outer support conduit having a first diameter; and a first tube having one or more portions retained within the outer support conduit, the first tube having a second diameter that is less than the first diameter, wherein the outer support conduit is configured to deliver a first portion of a fire suppression agent around the one or more portions of the first tube, and wherein the first tube is configured to deliver a second portion of the fire suppression agent as taught by and suggested by Wesseloh in order to discharge a large liquid flow (Paragraph 0118, The modification uses outer support conduit and first tube of Wesseloh in Gastonides).
Regarding claim 14, Gastonides in view of Wesseloh teaches the invention as claimed.
Gastonides further discloses a first tank (A first instance of Figure 1; 24) in fluid communication with a first tube (The line connecting the first instance of Figure 1; 24 to 23);
a second tank (A second instance of Figure 1; 24) in fluid communication with a second tube (The line connecting the second instance of Figure 1; 24 to 23);
a first valve (Figure 1; 26 for the first tube) on or within the first tube; and
a second valve (Figure 1; 26 for the second tube) on or within the second tube.
Gastonides does not disclose a first tank in fluid communication with the first tube, wherein the first tank is configured to retain the second portion of the fire suppression agent; and
a second tube in fluid communication with the outer support conduit; and
a second tank in fluid communication with the second tube, wherein the second tank is configured to retain the first portion of the fire suppression agent.
However, Wesseloh teaches a first tank (Figure 4; 42) in fluid communication with the first tube, wherein the first tank is configured to retain the second portion of the fire suppression agent; and
a second tube (Annotated Figure 4; labeled second tube. The outer support conduit is any portion of Annotated Figure 4; labeled second tube) in fluid communication with the outer support conduit; and
a second tank (Figure 4; 24) in fluid communication with the second tube, wherein the second tank is configured to retain the first portion of the fire suppression agent.
Therefore, it would have been obvious to one of ordinary skill in the art at the time of effective filing to modify the invention of Gastonides to include a first tank in fluid communication with the first tube, wherein the first tank is configured to retain the second portion of the fire suppression agent; and a second tube in fluid communication with the outer support conduit; and a second tank in fluid communication with the second tube, wherein the second tank is configured to retain the first portion of the fire suppression agent as taught by and suggested by Wesseloh in order to discharge a large liquid flow (Paragraph 0118, This is the same modification as claim 13).
Regarding claim 15, Gastonides in view of Wesseloh teaches the invention as claimed.
Gastonides further discloses a control unit (Figure 1; 34) in communication with the first valve and the second valve, wherein the control unit is configured to control operation of the first valve and the second valve (Functional Language, Paragraph 0014).; and
one or more sensors (Figure 1; 52 for A) configured to detect the fire (Functional Language, Paragraph 0017), wherein the control unit is in communication the one or more sensors (Functional Language, Paragraph 0017).
Regarding claim 16, Gastonides in view of Wesseloh teaches the invention as claimed.
Gastonides further discloses wherein the outer support conduit forms at least a portion of the second tube (The portion of the second tube formed by the outer support conduit).
Regarding claim 20, Gastonides discloses a method for a system (Figure 1) for suppressing a fire (Paragraph 0018) within a cargo compartment (Figure 1; A, Paragraph 0018) of a vehicle (The aircraft of Paragraph 0003).
Gastonides does not disclose the system comprising:
an outer support conduit having a first diameter; and
a first tube having one or more portions retained within the outer support conduit, the first tube having a second diameter that is less than the first diameter,
wherein the outer support conduit is configured to deliver a first portion of a fire suppression agent around the one or more portions of the first tube, and wherein the first tube is configured to deliver a second portion of the fire suppression agent,
the method comprising:
delivering the first portion of the fire suppression agent through the outer support conduit around the one or more portions of the first tube; and
delivering the second portion of the fire suppression agent through the first tube.
However, Wesseloh teaches a method for a system (Figure 4), the system comprising:
an outer support conduit (Annotated Figure 4; labeled outer support conduit) having a first diameter (The diameter of the outer support conduit); and
a first tube (Annotated Figure 4; labeled first tube) having one or more portions (The portion of the first tube within the outer support conduit) retained within the outer support conduit (The portion of the first tube in the outer support conduit), the first tube having a second diameter (The diameter of the first tube) that is less than the first diameter,
wherein the outer support conduit is configured to deliver a first portion (The fire suppression agent from Figure 4; 42) of a fire suppression agent (The fire suppression agent from Figure 4; 42, 24) around the one or more portions of the first tube, and wherein the first tube is configured to deliver a second portion (The fire suppression agent from Figure 4; 24) of the fire suppression agent,
the method comprising:
delivering the first portion of the fire suppression agent through the outer support conduit around the one or more portions of the first tube (The first portion through the outer support conduit around the one or more portions of the first tube); and
delivering the second portion of the fire suppression agent through the first tube (The second portion through the first tube).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of effective filing to modify the invention of Gastonides to include an outer support conduit having a first diameter; and a first tube having one or more portions retained within the outer support conduit, the first tube having a second diameter that is less than the first diameter, wherein the outer support conduit is configured to deliver a first portion of a fire suppression agent around the one or more portions of the first tube, and wherein the first tube is configured to deliver a second portion of the fire suppression agent, the method comprising: delivering the first portion of the fire suppression agent through the outer support conduit around the one or more portions of the first tube; and delivering the second portion of the fire suppression agent through the first tube as taught by and suggested by Wesseloh in order to discharge a large liquid flow (Paragraph 0118, The modification uses outer support conduit and first tube of Wesseloh in Gastonides).
Claim(s) 3, 8, 11, 12, 18, 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gastonides in view of Wesseloh as applied to claim 1, 13 above, and further in view of Parks (US 5423575)
Regarding claim 3 (This uses a second interpretation of the prior art), Gastonides in view of Wesseloh teaches the invention as claimed.
Gastonides further discloses a first tank (A first instance of Figure 1; 24) in fluid communication with a first tube (The line connecting the first instance of Figure 1; 24 to 23);
a second tank (A second instance of Figure 1; 24) in fluid communication with a second tube (The line connecting the second instance of Figure 1; 24 to 23).
Gastonides does not disclose a first tank in fluid communication with the first tube, wherein the first tank is configured to retain the second portion of the fire suppression agent; and
a second tube in fluid communication with the outer support conduit; and
a second tank in fluid communication with the second tube, wherein the second tank is configured to retain the first portion of the fire suppression agent.
However, Wesseloh teaches a first tank (Figure 4; 42) in fluid communication with the first tube, wherein the first tank is configured to retain the second portion of the fire suppression agent; and
a second tank (Figure 4; 24) in fluid communication with the second tube, wherein the second tank is configured to retain the first portion of the fire suppression agent.
Therefore, it would have been obvious to one of ordinary skill in the art at the time of effective filing to modify the invention of Gastonides to include a first tank in fluid communication with the first tube, wherein the first tank is configured to retain the second portion of the fire suppression agent; and a second tank in fluid communication with the second tube, wherein the second tank is configured to retain the first portion of the fire suppression agent as taught by and suggested by Wesseloh in order to discharge a large liquid flow (Paragraph 118, This is the same modification as claim 1).
Gastonides in view of Wesseloh does not teach a second tube in fluid communication with the outer support conduit.
However, Parks teaches a second tube (Figure 3; 70, 100) in fluid communication with an outer support conduit (Figure 3; 26)
Therefore, it would have been obvious to one of ordinary skill in the art at the time of effective filing to modify the invention of Gastonides in view of Wesseloh to include a second tube in fluid communication with the outer support conduit as taught by and suggested by Parks in order to retain and slidably receive a tube (Column 4, lines 20-24, The modification uses the retainer of Parker).
Regarding claim 8 (This uses the second interpretation of the prior art), Gastonides in view of Wesseloh and Parks teaches the invention as claimed.
Gastonides in view of Wesseloh does not teach wherein at least a portion of the second tube is retained within the outer support conduit.
However, Parks teaches a portion of the second tube (The portion of the second tube in the outer support conduit) is retained within the outer support conduit (Figure 2A; 41).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of effective filing to modify the invention of Gastonides in view of Wesseloh wherein at least a portion of the second tube is retained within the outer support conduit as taught by and suggested by Parks in order to retain and slidably receive a tube (Column 4, lines 20-24, This is the same modification as claim 3).
Regarding claim 11, Gastonides in view of Wesseloh teaches the invention as claimed.
Gastonides in view of Wesseloh does not teach one or more retainers disposed within the outer support conduit, wherein the one or more retainers are configured to retain the first tube at a desired position within the outer support conduit.
However, Parks teaches one or more retainers (Figure 3; 70, 100) disposed within an outer support conduit (Figure 3; 26), wherein the one or more retainers are configured to retain a first tube (Figure 3; 68) at a desired position (The position of Figure 3; 68 in the outer support conduit) within the outer support conduit (Functional Language, the retainer retains the first tube in a desired position within the outer support conduit).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of effective filing to modify the invention of Gastonides in view of Wesseloh to include one or more retainers disposed within the outer support conduit, wherein the one or more retainers are configured to retain the first tube at a desired position within the outer support conduit as taught by and suggested by Parks in order to retain and slidably receive a tube (Column 4, lines 20-24, The modification uses the retainer of Parker).
Regarding claim 12, Gastonides in view of Wesseloh and Parks teaches the invention as claimed.
Gastonides in view of Wesseloh does not teach wherein the one or more retainers comprise:
a cylindrical main body;
a central channel configured to receive and retain a portion of the first tube; and
one or more fluid passages formed through the cylindrical main body.
However, Parks teaches wherein the one or more retainers comprise:
a cylindrical main body (The cylindrical body of Figure 3; 70, 100);
a central channel (The central channel in Figure 3; 70, 100 for 68) configured to receive and retain a portion of the first tube (The portion of the first tube in the central channel); and
one or more fluid passages (Figure 3; 70, 104) formed through the cylindrical main body.
Therefore, it would have been obvious to one of ordinary skill in the art at the time of effective filing to modify the invention of Gastonides in view of Wesseloh wherein the one or more retainers comprise: a cylindrical main body; a central channel configured to receive and retain a portion of the first tube; and one or more fluid passages formed through the cylindrical main body as taught by and suggested by Parks in order to retain and slidably receive a tube (Column 4, lines 20-24, This is the same modification as claim 11).
Regarding claim 18, Gastonides in view of Wesseloh teaches the invention as claimed.
Gastonides in view of Wesseloh does not teach one or more retainers disposed within the outer support conduit, wherein the one or more retainers are configured to retain the first tube at a desired position within the outer support conduit.
However, Parks teaches one or more retainers (Figure 3; 70, 100) disposed within an outer support conduit (Figure 3; 26), wherein the one or more retainers are configured to retain a first tube (Figure 3; 68) at a desired position (The position of Figure 3; 68 in the outer support conduit) within the outer support conduit (Functional Language, the retainer retains the first tube in a desired position within the outer support conduit).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of effective filing to modify the invention of Gastonides in view of Wesseloh to include one or more retainers disposed within the outer support conduit, wherein the one or more retainers are configured to retain the first tube at a desired position within the outer support conduit as taught by and suggested by Parks in order to retain and slidably receive a tube (Column 4, lines 20-24, The modification uses the retainer of Parker).
Regarding claim 19, Gastonides in view of Wesseloh and Parks teaches the invention as claimed.
Gastonides in view of Wesseloh does not teach wherein the one or more retainers comprise:
a cylindrical main body;
a central channel configured to receive and retain a portion of the first tube; and
one or more fluid passages formed through the cylindrical main body.
However, Parks teaches wherein the one or more retainers comprise:
a cylindrical main body (The cylindrical body of Figure 3; 70, 100);
a central channel (The central channel in Figure 3; 70, 100 for 68) configured to receive and retain a portion of the first tube (The portion of the first tube in the central channel); and
one or more fluid passages (Figure 3; 70, 104) formed through the cylindrical main body.
Therefore, it would have been obvious to one of ordinary skill in the art at the time of effective filing to modify the invention of Gastonides in view of Wesseloh wherein the one or more retainers comprise: a cylindrical main body; a central channel configured to receive and retain a portion of the first tube; and one or more fluid passages formed through the cylindrical main body as taught by and suggested by Parks in order to retain and slidably receive a tube (Column 4, lines 20-24, This is the same modification as claim 18).
Claim(s) 9, 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gastonides in view of Wesseloh as applied to claim 1, 13 above, and further in view of Ziaei et al (US 20090120522).
Regarding claim 9, Gastonides in view of Wesseloh teaches the invention as claimed
Gastonides does not disclose wherein the second diameter is 10% or less of the first diameter.
However, Wesseloh teaches wherein the second diameter is less than the first diameter.
Therefore, it would have been obvious to one of ordinary skill in the art at the time of effective filing to modify the invention of Gastonides wherein the second diameter is less than the first diameter as taught by and suggested by Wesseloh in order to discharge a large liquid flow (Paragraph 0118, This is the same modification as claim 1).
Gastonides in view of Wesseloh does not teach wherein the second diameter is 10% or less of the first diameter.
However, Ziaei teaches in Paragraph 0002 that a diameter (like the second diameter) is a results-effective variable that controls flow and pressure drops and in Paragraph 0002 that a diameter (like the first diameter) is a results-effective variable that controls acceptable wall thickness. A particular parameter is a result-effective variable when the variable is known to achieve a recognized result. See In re Antonie, 559 F.2d 618, 620, 195 USPQ 6,8 (CCPA 1977). Therefore, an ordinary skilled worker would recognize that the first and second diameters are result-effective variables that control flow, pressure drops, and acceptable wall thickness. Thus, the claimed limitation of wherein the second diameter is 10% or less of the first diameter is found to be an obvious optimization of the prior art obtainable by an ordinary skilled worker through routine experimentation. Further, it appears that one of ordinary skill in the art would have had a reasonable expectation of success in modifying the diameters of the first tube and outer support conduit to have the disclosed relationship, as it involves only adjusting a dimension of the diameters of the first tube and outer support conduit of Gastonides in view of Wesseloh disclosed to require adjustment.
“[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation”, In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). The presence of a known result-effective variable would be a motivation for a person of ordinary skill in the art to experiment to reach another workable product or process. See KSR; MPEP 2144.05(II)(B).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of effective filing to modify the invention of Gastonides in view of Wesseloh wherein the second diameter is 10% or less of the first diameter in order to optimize flow, pressure drops, and acceptable wall thickness (The modification has the second diameter is 10% or less than the first diameter).
Regarding claim 17, Gastonides in view of Wesseloh teaches the invention as claimed
Gastonides does not disclose wherein the second diameter is 10% or less of the first diameter.
However, Wesseloh teaches wherein the second diameter is less than the first diameter.
Therefore, it would have been obvious to one of ordinary skill in the art at the time of effective filing to modify the invention of Gastonides wherein the second diameter is less than the first diameter as taught by and suggested by Wesseloh in order to discharge a large liquid flow (Paragraph 0118, This is the same modification as claim 1).
Gastonides in view of Wesseloh does not teach wherein the second diameter is 10% or less of the first diameter.
However, Ziaei teaches in Paragraph 0002 that a diameter (like the second diameter) is a results-effective variable that controls flow and pressure drops and in Paragraph 0002 that a diameter (like the first diameter) is a results-effective variable that controls acceptable wall thickness. A particular parameter is a result-effective variable when the variable is known to achieve a recognized result. See In re Antonie, 559 F.2d 618, 620, 195 USPQ 6,8 (CCPA 1977). Therefore, an ordinary skilled worker would recognize that the first and second diameters are result-effective variables that control flow, pressure drops, and acceptable wall thickness. Thus, the claimed limitation of wherein the second diameter is 10% or less of the first diameter is found to be an obvious optimization of the prior art obtainable by an ordinary skilled worker through routine experimentation. Further, it appears that one of ordinary skill in the art would have had a reasonable expectation of success in modifying the diameters of the first tube and outer support conduit to have the disclosed relationship, as it involves only adjusting a dimension of the diameters of the first tube and outer support conduit of Gastonides in view of Wesseloh disclosed to require adjustment.
“[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation”, In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). The presence of a known result-effective variable would be a motivation for a person of ordinary skill in the art to experiment to reach another workable product or process. See KSR; MPEP 2144.05(II)(B).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of effective filing to modify the invention of Gastonides in view of Wesseloh wherein the second diameter is 10% or less of the first diameter in order to optimize flow, pressure drops, and acceptable wall thickness (The modification has the second diameter is 10% or less than the first diameter).
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gastonides in view of Wesseloh as applied to claim 1, above, and further in view of Malone (US 20070241560)
Regarding claim 10, Gastonides in view of Wesseloh teaches the invention as claimed.
Gastonides in view of Wesseloh does not teach wherein the outer support conduit is formed of a metal, and the first tube is formed of a plastic.
However, Malone teaches an outer support conduit (Figure 1; 18) is formed of a metal (Paragraph 0025), and a first tube (Figure 1; 16) is formed of a plastic (Paragraph 0025).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of effective filing to modify the invention of Gastonides in view of Wesseloh wherein the outer support conduit is formed of a metal, and the first tube is formed of a plastic as taught by and suggested by Malone because it has been held that applying a known technique, in this case Malone’s use of metal and plastic according to the steps described immediately above, to a known device, in this case, Gastonides in view of Wesseloh’s system, ready for improvement to yield predictable results, in this case forming conduits, was an obvious extension of prior art teachings, KSR, 550 U.S. 398 (2007), 82 USPQ2d at 1396; MPEP 2143(D) (The modification makes the outer support conduit from metal and the first tube from plastic).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EDWIN G KANG whose telephone number is (571)272-9814. The examiner can normally be reached Mon-Fri 8:00-5:00 PM EST.
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/EDWIN KANG/Primary Examiner, Art Unit 3741