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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-12 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claims 1-12, the phrases "in particular" and “preferably” renders the claims indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention.
Allowable Subject Matter
Claim 1 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Claims 2-12 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: The prior art does not disclose a multilayered tube or hose comprising a plurality of coaxially arranged sheaths, wherein the coaxially arranged sheaths are bonded together, the multilayered tube or hose comprising at least: a force bearing sheath, a diffusion reducing sheath, and an adhesion promoting layer that is arranged between the force bearing sheath and the diffusion reducing sheath and that increases the bonding force between said force bearing sheath and said diffusion reducing sheath, wherein said adhesion promoting layer that comprises a mixture of: 65 to 85 parts by weight of acrylonitrile butadiene rubber, 15 to 35 parts by weight of styrene butadiene rubber, 75 to 125 parts by weight of carbon black N990, 5 to 15 parts by weight of zinc oxide, 2 to 10 parts by weight of N-(1.3-Dimethylbutyl)-N’-phenyl-p-phenylendiamine, 0.5 to 5 parts by weight of a vulcanizing agent, and 25 to 125 parts by weight of resin package blend, wherein the resin package blend comprises 5 to 25 parts by weight of hexa (methoxymethyl) melamine liquid resin; 5 to 15 parts by weight of self-curing modified phenolic resin ingredient; 5 to 25 parts by weight of aliphatic-aromatic soft resin; 5 to 25 parts by weight of benzene-1,3-diol bonding agent; 5 to 25 parts by weight of aromatic hydrocarbon resin ingredient, in particular per 100 parts by weight of elastomer comprising acrylonitrile butadiene rubber and styrene butadiene rubber, wherein 5 to 15 parts by weight of triallyl cyanurate, 30 to 100 parts by weight of calcium magnesium carbonate, and 5 to 20 parts of by weight magnesium-aluminium hydroxycarbonate.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AARON M DUNWOODY whose telephone number is (571)272-7080. The examiner can normally be reached Monday - Friday 9:00 am - 6:00 pm.
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/AARON M DUNWOODY/Primary Examiner, Art Unit 3679
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