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 § 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.
Claims 12-16, 18-19 and 21-26 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by United States Patent No. 5657793 to Shelter et al. (Shelter).
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With regard to claim 12, Shelter discloses a suction hose for a vacuum cleaner (Shelter, title, abstract), the suction hose as a result of manufacture (MPEP section 2113 is noted with respect to a product by process claim element) comprising:
an inner profile (as shown in fig. 18) with bulges (as noted in annotated fig. 18 above) and flat portions (as noted in annotated fig. 18 above) recurring at regular intervals (as set forth in annotated fig. 18 above), the inner profile having an embossed flow geometry (132/132, fig. 18, column ) for air flow over the bulges (as described at column 7, lines 31-50).
With regard to claim 13, Shelter discloses the suction hose as recited in claim 12 as set forth above, and further discloses wherein the flow geometry is arranged in the region of the flat portions of the inner profile (shown in fig. 18).
With regard to claim 14, Shelter discloses the suction hose as recited in claim 12 as set forth above, and further discloses wherein the flow geometry includes at least one structural element per flat portion (as shown in fig. 18, there are at least one protrusion 132 that are part of the structure of the pipe wall and therefore a structural element).
With regard to claim 15, Shelter discloses the suction hose as recited in claim 12 as set forth above, and further discloses wherein the flow geometry runs along a central axis of the suction hose (as noted by the roller of fig. 15 that is used to place the flow geometry of embossed elements to create the flow geometry are arranged parallel to the central axis of the hose).
With regard to claim 16, Shelter discloses the suction hose as recited in claim 12 as set forth above, and further discloses wherein the flow geometry runs transversely to a central axis of the suction hose (as shown in cross section of fig. 18, the embossed elements run both transversely to a central axis and along the central axis (the embossing element of fig. 15 has elements extending circumferentially and axially)).
With regard to claim 18, Shelter discloses the suction hose as recited in claim 12 as set forth above, and further discloses wherein the flow geometry has a plurality of structural elements per flat portion (as shown in fig. 18).
With regard to claim 19, Shelter discloses the suction hose as recited in claim 12 as set forth above, and further discloses wherein the flow geometry has at least one transverse groove as a structural element (128, fig. 18).
With regard to claim 21, Shelter discloses the suction hose as recited in claim 14 as set forth above, and further discloses wherein the structural elements are formed by circular depressions (column 6, lines 41-62).
With regard to claim 22, Shelter discloses the suction hose as recited in claim 14 as set forth above, and further discloses wherein the structural elements are formed by scales (the perforation of the roller 78 of fig. 15 are arranged in a scalar array).
With regard to claim 23, Shelter discloses a method for producing a suction hose as recited in claim 12 as set forth above, further disclosing the method comprising the steps of: a) extruding a material string (column 3, lines 56-58); b) cooling the material string (the material cools after it is extruded); c) working of the material string to create the inner profile of the suction hose (column 6, lines 41-62); and d) in a modification phase, introducing the flow geometry into the material string or into the inner profile of the suction hose (as applied to pipe in its final configuration).
With regard to claim 24, Shelter discloses the method as recited in claim 23 as set forth above, and further discloses wherein the working includes winding (shown in the figures).
With regard to claim 25, Shelter discloses the method as recited in claim 23 as set forth above, and further discloses wherein step d) includes introducing the flow geometry is introduced into the material string temporally between the extrusion and the cooling of the material string (as shown in fig. 1, the flow geometry is added after the extrusion and prior to the cooling of the material).
With regard to claim 26, Shelter discloses the method as recited in claim 24 as set forth above, but fail to further disclose wherein step d) includes introducing the flow geometry into the inner profile of the suction hose temporally after the winding of the material string (the embossed portion is added to the inner surface while the hose is still pliable after initial extrusion).
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.
Claims 17 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over United States Patent No. 5657793 to Shelter et al. (Shelter).
With regard to claims 17 and 20, Shelter discloses the suction hose as recited in claim 12 as set forth above, but does not further disclose wherein the flow geometry has at least one longitudinal groove per flat portion as a structural element, or wherein the flow geometry has at least one helical groove as a structural element.
It would have been obvious to one having ordinary skill in the art at the time of filing to provide the embossed portions with either a longitudinal groove to carry a data or electric line or to provide a helical groove to receive a metal spring element to provide collapse resistance when the hose is subjected to a vacuum source.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following references are of potential interest: USPNs 4471813, 3902552, 3171517, 2014/0318657, 2012/0018023 and 2008/0223472.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID R DEAL whose telephone number is (469)295-9216. The examiner can normally be reached M-F generally 8-4 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 supervisors can be reached at: Craig M Schneider (571) 272-3607 and Ken Rinehart (571) 272-3881. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAVID R DEAL/Primary Examiner
Art Unit 3753
