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.
Claims 1-12 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Regarding claim 1, claim 1 recites “wherein: 5 to 15 parts by weight of triallyl cyanurate, 30 to 90 parts by weight of calcium magnesium carbonate, and 5 to 25 parts by weight of magnesium-aluminium hydroxycarbonate”, renders the claim indefinite for the following reasons.
First, the recitation “5 to 15 parts by weight of triallyl cyanurate, 30 to 90 parts by weight…5 to 25 parts by weight …” fails to clearly identify the reference basis against which the recited parts by weight are measured. For example, it is unclear whether the 5 to 15 parts by weight are based upon 100 parts by weight of the NBR/SBR elastomer recited immediately before the “wherein” clause, the resin package blend, or the overall adhesion-promoting-layer composition. The claims permit materially different quantitative constructions.
Further, it is also unclear whether “5 to 15 parts by weight of triallyl cyanurate, 30 to 90 parts by weight of calcium magnesium carbonate, and 5 to 25 parts by weight of magnesium-aluminium hydroxycarbonate” recited following “wherein” constitutes a component of the resin package blend or a separate component of the adhesion-promoting layer. Accordingly, the metes and bounds of the claimed composition blend are unclear. It appears that applicant may have intended to recite the adhesion promoting layer comprises a mixture of the elements recited thereof in claim 1, and the mixture further includes “5 to 15 parts by weight of triallyl cyanurate, 30 to 90 parts by weight of calcium magnesium carbonate, and 5 to 25 parts by weight of magnesium-aluminium hydroxycarbonate”. Claims 2-12 are rejected due to their dependency of claim 1. Appropriate correction and clarification is required.
Regarding claims 2-3 and 8-11, the phrase “preferably…” and "in particular…" render the claims indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d). Appropriate correction and clarification is required.
Allowable Subject Matter
Claims 1-12 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art references of record, alone or in combination, do not teach or fairly suggest a multilayered tube or hose defined by the structural and compositional limitations in the specific manner as instantly claimed (in claim 1), in particular, the instantly claimed multilayered tube or hose comprising a plurality of coaxially arranged sheaths that are bonded together, the multilayered tube or hose comprising at least a force bearing sheath, an abrasion resistant sheath, and an adhesion promoting layer that is arranged between the force bearing sheath and the abrasion resistant sheath. The adhesion promoting layer comprises the specific mixture as so defined, including 55 to 85 parts by weight of acrylonitrile butadiene rubber, 5 to 25 parts by weight of styrene butadiene rubber, 5 to 25 parts by weight of ethylene propylene diene monomer 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 20 to 95 parts by weight of resin package blend, the resin package blend comprising 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; and 5 to 25 parts by weight of aromatic hydrocarbon resin ingredient per 100 parts by weight of elastomer comprising acrylonitrile butadiene rubber and styrene butadiene rubber, and further includes 5 to 15 parts by weight of triallyl cyanurate, 30 to 90 parts by weight of calcium magnesium carbonate, and 5 to 25 parts by weight of magnesium-aluminium hydroxycarbonate.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Clark et al. (US 11,774011) that teaches a multilayer rubber hose is provided comprising a hose body comprising at least one layer formed from a first composition comprising an EPDM polymer; and a resistive filler (col. 1, lines 50-60). Muco et al. (US11,686,410) that teaches a rubber composition for a cover layer of a multilayer hydraulic hose that comprising ethylene vinyl acetate copolymer (EVA) and ethylene-propylene-diene terpolymer (EPDM) (col. 1, lines 40-45). Can Karabulut et al. (US 2025/0035240) that teaches a multilayered tube or hose is proposed that comprises a plurality of coaxially arranged sheaths, wherein the coaxially arranged sheaths are bonded together, and the multilayered tube or hose comprises 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 (para [0020]).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YAN LAN whose telephone number is (571)270-3687. The examiner can normally be reached Monday - Friday 7AM-4PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Aaron Austin can be reached at 5712728935. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/YAN LAN/Primary Examiner, Art Unit 1782
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