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.
Claim 1, as well as dependent claims 2-5 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.
Claim 1 claims the invention as a “hose with an indicator”, however also claims a deterioration state determination device provided with a deterioration determination model and a color change database, which is not part of the hose nor indicator. Thus it is unclear if the color extraction and deterioration determination device (and/or the method of using it) is supposed to be part of the claimed device (which is claimed to be just the hose with an indicator) and causes the claim to take on an unreasonable degree of uncertainty.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-4,6,7,9,10,12,14,17,20 are rejected under 35 U.S.C. 103 as being unpatentable over Hwang (US 20140083547 A1), hereafter known as Hwang, in view of Steelman’s product: “50-Foot by 3/8-Inch 1/4 NPT 300 PSI Rubber Air Hose”, hereafter known as Steelman, in further view of Ishida (CN 107710234 B), hereafter known as Ishida.
Regarding claim 1, Hwang discloses a hose with an indicator (figs 2,3, hose 10 has indicator lines 21 Hwang), comprising:
a hose body made of rubber that forms a fluid flow path therein (figs 2-3, hose body 10 has fluid path within, but is not disclosed to be made of rubber, Hwang); a fitting made of metal connected to an end of the hose body (not disclosed);
and an indicator in which color components are extracted by a deterioration state determination device provided with a deterioration determination model and a color change database in order to determine deterioration state of the hose body (indicator is disclosed to have color, para 0021, Hwang, but not disclosed to have the other functions claimed),
wherein the indicator has a plurality of color patterns composed of colors that are sensitive to deterioration factors (indicator has a plurality of color patterns, para 0021, figs 2-3, Hwang, but are not disclosed to be sensitive to deterioration factors) and is attached to an external surface of the hose body so that the color patterns can be seen from each of at least two different directions when the hose is viewed from those directions (figs 2-3, Hwang, the color patterns of 21 are attached to the external surface of the hose and are visible from all radial direction of the hose).
Hwang does not disclose the hose to be made of rubber or metal fittings at the ends. However, Steelman teaches a rubber hose with metal fittings (product description, hose is rubber with brass fittings, Steelman). Steelman is a product page for a rubber air hose, a field closely related to Hwang and the claimed invention. Therefore it would have been obvious to one of ordinary skill in the art before time of file to have incorporated the teachings of Steelman into Hwang and provide metal fittings on the ends of the hose of Hwang as well as making the hose out of reinforced rubber. Rubber hoses with metal fittings are well known in the art, and the hose of Hwang in view of Steelman would have improved abrasion and kinking resistance (product description, Steelman). Additionally, it would have been obvious to one having ordinary skill in the art at the time the invention was made to adjust the material of the hose body to be rubber, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. See also Ballas Liquidating Co. v. Allied industries of Kansas, Inc. (DC Kans) 205 USPQ 331.
Hwang in view of Steelman does not disclose the indicators in which color components are extracted by a deterioration state determination device provided with a deterioration determination model and a color change database in order to determine deterioration state of the hose body, nor wherein the indicator colors are sensitive to deterioration factors. However, Ishida teaches indicators (figs 1a, indicator 10, Ishida) in which color components that are sensitive to deterioration factors (figs 1a, paragraphs 0030 and 0031, color components 21-23 change color when exposed to environmental conditions, Ishida) are extracted by a deterioration state determination device (para 0054, 0069 image input device 110 and arithmetic unit 140 extract the color of the indicator color components, Ishida) provided with a deterioration determination model (para 0069, the arithmetic unit synthesizes the color data, and so must have a model to determine if environmental changes have happened, Ishida) and a color change database (para 0061, benchmark color data can be used to determine the environmental changes, Ishida). Ishida describes an indicator label that can be attached to an article, a field related to Hwang and the claimed invention. Therefore it would have been obvious to one of ordinary skill in the art before time of file to have incorporated the teachings of Ishida into Hwang in view of Steelman and add the color changing ability of Ishida to the indicators of Hwang in view of Steelman, as well as use the data reading system of Ishida to read the indicators. The color changing components provide information on various environmental factors (para 0030, the color indicators can change color depending on factors such as temperature, humidity, vibration, gas, and air pressure, Ishida), allowing users to better understand the condition of the hose during transport or operation. Additionally, apparatus claims cover what a device is, not what a device does." Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990), MPEP 2114(I&II). A claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987.
Regarding claim 2, Hwang in view of Steelman and Ishida discloses the hose with an indicator according to claim 1, wherein the indicator is attached in a spiral pattern to the external surface of the hose body (fig 3, Hwang, indicator 21 is in a spiral pattern on the external surface of the hose body).
Regarding claim 3, Hwang in view of Steelman and Ishida discloses the hose with an indicator according to claim 1, wherein the indicator is attached in a circumferential direction at a plurality of positions on the hose body (fig 2, Hwang, indicator 21 is in a circumferential pattern on several positions on the hose body).
Regarding claim 4, Hwang in view of Steelman and Ishida discloses the hose with an indicator according to claim 1, wherein in the color patterns, a plurality of colors with different sensitivities to the deterioration factors are applied to different positions (para 0021, figs 2-3, Hwang, indicator has a plurality of color patterns with a plurality of colors at different positions, which when modified in view of Ishida, the colors can have different sensitivities to factors such as temperature, humidity, vibration, etc. (para 0030), fig 1a, Ishida).
Regarding claim 6, Hwang in view of Steelman and Ishida discloses the hose with an indicator according to claim 1, wherein the deterioration factors include at least one of heat, oxygen, water, ultraviolet rays, and ozone (para 0030, the environmental factors can include temperature and humidity, as well as the presence of gasses, Ishida).
Regarding claim 7, Hwang in view of Steelman and Ishida discloses the hose with an indicator according to claim 2, wherein in the color pattern, a plurality of colors with different sensitivities to the deterioration factors are applied to different positions (para 0021, figs 2-3, Hwang, indicator has a plurality of color patterns with a plurality of colors at different positions, which when modified in view of Ishida, the colors can have different sensitivities to factors such as temperature, humidity, vibration, etc. (para 0030), fig 1a, Ishida).
Regarding claim 9, Hwang in view of Steelman and Ishida discloses the hose with an indicator according to claim 2, wherein the deterioration factors include at least one of heat, oxygen, water, ultraviolet rays, and ozone (para 0030, the environmental factors can include temperature and humidity, as well as the presence of gasses, Ishida).
Regarding claim 10, Hwang in view of Steelman and Ishida discloses the hose with an indicator according to claim 3, wherein in the color pattern, a plurality of colors with different sensitivities to the deterioration factors are applied to different positions (para 0021, figs 2-3, Hwang, indicator has a plurality of color patterns with a plurality of colors at different positions, which when modified in view of Ishida, the colors can have different sensitivities to factors such as temperature, humidity, vibration, etc. (para 0030), fig 1a, Ishida).
Regarding claim 12, Hwang in view of Steelman and Ishida discloses the hose with an indicator according to claim 3, wherein the deterioration factors include at least one of heat, oxygen, water, ultraviolet rays, and ozone (para 0030, the environmental factors can include temperature and humidity, as well as the presence of gasses, Ishida).
Regarding claim 14, Hwang in view of Steelman and Ishida discloses the hose with an indicator according to claim 4, wherein the deterioration factors include at least one of heat, oxygen, water, ultraviolet rays, and ozone (para 0030, the environmental factors can include temperature and humidity, as well as the presence of gasses, Ishida).
Regarding claim 17, Hwang in view of Steelman and Ishida discloses the hose with an indicator according to claim 7, wherein the deterioration factors include at least one of heat, oxygen, water, ultraviolet rays, and ozone (para 0030, the environmental factors can include temperature and humidity, as well as the presence of gasses, Ishida).
Regarding claim 20, Hwang in view of Steelman and Ishida discloses the hose with an indicator according to claim 10, wherein the deterioration factors include at least one of heat, oxygen, water, ultraviolet rays, and ozone (para 0030, the environmental factors can include temperature and humidity, as well as the presence of gasses, Ishida).
Claims 5,8,11,13,15,16,18,19 are rejected under 35 U.S.C. 103 as being unpatentable over Hwang in view of Steelman and Ishida, in further view of SpotSee’s product “Irreversible Thermochromic Inks”, hereafter known as SpotSee.
Regarding claim 5, Hwang in view of Steelman and Ishida discloses the hose with an indicator according to claim 1, but does not disclose wherein the color pattern is configured to include a plurality of color components that show different changes in response to one of the deterioration factors.
However, SpotSee teaches a color pattern that shows different changes in response to temperature, which can be a degradation factor (product image, the color pattern changes different colors in response to temperature, SpotSee). SpotSee is a product page for temperature induced color changing labels, a field related to Hwang, Ishida, and the claimed invention. Therefore it would have been obvious to one of ordinary skill in the art before time of file to have incorporated the teachings of SpotSee into Hwang in view of Steelman and Ishida and make color pattern show different changes in response to temperature. Having more than one color change in response to temperature would allow the user to see the color change in a wider variety of lighting.
Regarding claim 8, Hwang in view of Steelman and Ishida discloses the hose with an indicator according to claim 2, but does not disclose wherein the color pattern is configured to include a plurality of color components that show different changes in response to one of the deterioration factors.
However, SpotSee teaches a color pattern that shows different changes in response to temperature, which can be a degradation factor (product image, the color pattern changes different colors in response to temperature, SpotSee). SpotSee is a product page for temperature induced color changing labels, a field related to Hwang, Ishida, and the claimed invention. Therefore it would have been obvious to one of ordinary skill in the art before time of file to have incorporated the teachings of SpotSee into Hwang in view of Steelman and Ishida and make color pattern show different changes in response to temperature. Having more than one color change in response to temperature would allow the user to see the color change in a wider variety of lighting.
Regarding claim 11, Hwang in view of Steelman and Ishida discloses the hose with an indicator according to claim 3, wherein the color pattern is configured to include a plurality of color components that show different changes in response to one of the deterioration factors.
However, SpotSee teaches a color pattern that shows different changes in response to temperature, which can be a degradation factor (product image, the color pattern changes different colors in response to temperature, SpotSee). SpotSee is a product page for temperature induced color changing labels, a field related to Hwang, Ishida, and the claimed invention. Therefore it would have been obvious to one of ordinary skill in the art before time of file to have incorporated the teachings of SpotSee into Hwang in view of Steelman and Ishida and make color pattern show different changes in response to temperature. Having more than one color change in response to temperature would allow the user to see the color change in a wider variety of lighting.
Regarding claim 13, Hwang in view of Steelman and Ishida discloses the hose with an indicator according to claim 4, wherein the color pattern is configured to include a plurality of color components that show different changes in response to one of the deterioration factors.
However, SpotSee teaches a color pattern that shows different changes in response to temperature, which can be a degradation factor (product image, the color pattern changes different colors in response to temperature, SpotSee). SpotSee is a product page for temperature induced color changing labels, a field related to Hwang, Ishida, and the claimed invention. Therefore it would have been obvious to one of ordinary skill in the art before time of file to have incorporated the teachings of SpotSee into Hwang in view of Steelman and Ishida and make color pattern show different changes in response to temperature. Having more than one color change in response to temperature would allow the user to see the color change in a wider variety of lighting.
Regarding claim 15, Hwang in view of Steelman, Ishida, and SpotSee discloses the hose with an indicator according to claim 5, wherein the deterioration factors include at least one of heat, oxygen, water, ultraviolet rays, and ozone (para 0030, the environmental factors can include temperature and humidity, as well as the presence of gasses, Ishida).
Regarding claim 16, Hwang in view of Steelman and Ishida discloses the hose with an indicator according to claim 7, wherein the color pattern is configured to include a plurality of color components that show different changes in response to one of the deterioration factors.
However, SpotSee teaches a color pattern that shows different changes in response to temperature, which can be a degradation factor (product image, the color pattern changes different colors in response to temperature, SpotSee). SpotSee is a product page for temperature induced color changing labels, a field related to Hwang, Ishida, and the claimed invention. Therefore it would have been obvious to one of ordinary skill in the art before time of file to have incorporated the teachings of SpotSee into Hwang in view of Steelman and Ishida and make color pattern show different changes in response to temperature. Having more than one color change in response to temperature would allow the user to see the color change in a wider variety of lighting.
Regarding claim 18, Hwang in view of Steelman and Ishida discloses the hose with an indicator according to claim 8, wherein the deterioration factors include at least one of heat, oxygen, water, ultraviolet rays, and ozone (para 0030, the environmental factors can include temperature and humidity, as well as the presence of gasses, Ishida).
Regarding claim 19, Hwang in view of Steelman and Ishida discloses the hose with an indicator according to claim 10, wherein the color pattern is configured to include a plurality of color components that show different changes in response to one of the deterioration factors.
However, SpotSee teaches a color pattern that shows different changes in response to temperature, which can be a degradation factor (product image, the color pattern changes different colors in response to temperature, SpotSee). SpotSee is a product page for temperature induced color changing labels, a field related to Hwang, Ishida, and the claimed invention. Therefore it would have been obvious to one of ordinary skill in the art before time of file to have incorporated the teachings of SpotSee into Hwang in view of Steelman and Ishida and make color pattern show different changes in response to temperature. Having more than one color change in response to temperature would allow the user to see the color change in a wider variety of lighting.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Crisman (US 5622210 A) discloses hose with an environmental indicating strip on the hose body.
Donnelly (US 20110041943 A1) discloses a hose with multiple indicators that can be viewed at different angles.
Kitayama (JP 2005249474 A) discloses a color changing UV indicator for products
Studer (US 20120043480 A1) and Gooding (US 11174407 B2) discloses UV induced color changing ink of various colors
Gordon (US 20210085811 A1) and Foller (US 20200149960 A1) discloses UV induced color changing patch
Roseway (US 10725002 B2) discloses color changing indicator that responds to various environmental factors
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HAOTIAN LU whose telephone number is (571)272-0444. The examiner can normally be reached Monday-Friday 9:00 am-5:00 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kenneth Rinehart can be reached at (571) 272-4881. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/H.L./ Examiner, Art Unit 3753
/KENNETH RINEHART/ Supervisory Patent Examiner, Art Unit 3753
