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 § 103
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 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 1, 3-8, 10, 12-17 is rejected under 35 U.S.C. 103 as being unpatentable over Betz (US 8,087,430 B1 hereinafter “Betz”) in view of Raymond (US 8,601,679 B2 hereinafter “Raymond”).
As to claim 1, Betz discloses in Figs. 1–8:
a tube having a first end and a second end (hose 10 as shown in Fig. 1; right end of hose 10 as shown in Fig. 3: “as viewed from the right end shown in FIG. 3”) that transports fluid (“A leak detecting hose for transporting fluid”);
a first leak-detection wire (first conductive wire 20 as shown in Figs. 3–5 and 6–8) and a second leak-detection wire (second conductive wire 22 as shown in Figs. 3–5 and 6–8) that are embedded within the tube (wires 20, 22 sealed inside hose 10 between inner layer 12 and outer layer 28 as shown in Figs. 4 and 7: “The outer layer 28 is deposited on the wires 20, 22, filaments 14, and inner layer 12 so that all of the aforementioned components are sealed within the outer layer 28. As the outer layer 28 is deposited, it flows into any spaces between the wires 20, 22”) and are electrically isolated from one another during normal operations (wires 20, 22 as shown in Figs. 4 and 7: “first and second electrically conductive wires being wound helically in the same direction and being spaced from each other so that no contact is made between said first and second conductive wires”); and
a monitoring device (external sensor connected to wires 20, 22) that is electrically connected to first ends of the first leak-detection wire and the second leak-detection wire to form an open circuit (wire 20 and wire 22 at the right end of hose 10 in Fig. 3: “The first wire 20 begins at the three o’clock position as viewed from the right end shown in FIG. 3 … A second conductive wire 22 beginning at the nine o’clock position”; “The wires 20, 22 of the above mentioned embodiments are connected to an external sensor that will indicate when a circuit is completed”) and is configured to monitor the open circuit for a change from an open state to a closed state (“This sensor may be connected to an alarm that warns of a breach in the inner layer 12 of the hose. The wires 20, 22 may also be connected to something as simple as a light that will illuminate when the circuit between the first and second wires 20, 22 is completed by the fluid”),
wherein the open circuit changes to the closed state when a rupture occurs in the tube and liquids create a conductive path, forming a closed circuit through the first leak-detection wire, the second leak-detection wire, the monitoring device and the liquids (rupture of inner layer 12 of hose 10 as shown in Fig. 5 and Fig. 8; liquid in transition layer 16 / 30 contacting wire 20 and wire 22: “When the inner layer 12 is breached, the fluid will wick along the filaments in the transition layer 16. Typically this hose 10 will be used to transport a fluid that conducts electricity, such as water. As the fluid wicks into the filaments of the transition layer 16, the fluid will contact both the first and second wires 20, 22. The fluid contact with both wires 20, 22 will complete a circuit between the first and second wires 20, 22.”, cols.2-3).
Betz does not disclose that the first leak-detection wire and the second leak-detection wire are embedded within the tube during a molding process.
However, Raymond discloses in Figs. 1, 2 and 6–8:
embedding leak-detection wires within a polymer body during a molding process (first detector conductor 104 and second detector conductor 106 in jacket 102 as shown in Figs. 1–2; extrusion molding device 600, die 602, tip 604, die opening 606, four flat wire array 608 as shown in Figs. 6–8: “The four flat wire array 608 is then fed through the die opening 606, where the polymer is extruded around the four flat wire array 608.”; “The extrusion molding device 600 provides the ability to make a continuous leak detection cable.”; “The polymer is heated beyond its melting point and forced at high pressure into the cavities 612, 614, 616 around the outside of the tip 604.”).
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the system of Betz and embed first conductive wire 20 and second conductive wire 22 within hose 10 during a molding process, as taught by Raymond (jacket 102 molded around conductors 104, 106 in die 602 / array 608 as shown in Figs. 6–8), so that wires 20, 22 are fixed in spaced isolation inside the wall of hose 10 in one forming step and remain protected until leaked liquid bridges them.
As to claim 3, Betz discloses in Figs. 4, 5, 7 and 8:
the tube includes an inner surface (inner surface of inner layer 12 of hose 10 as shown in Figs. 4 and 7), a channel that is surrounded by the inner surface (interior of inner layer 12 of hose 10 as shown in Figs. 4 and 7 through which fluid is transported: “A leak detecting hose for transporting fluid”), and an outer surface that faces away from the inner surface (outer surface of outer layer 28 of hose 10 as shown in Figs. 4 and 7; also “an interface between an outer surface of the inner layer and an inner surface of the outer layer”).
As to claim 4, Betz discloses in Figs. 4 and 7:
the first leak-detection wire and second leak-detection wire are positioned between the inner surface and the outer surface (first conductive wire 20 and second conductive wire 22 located between inner layer 12 and outer layer 28 of hose 10 as shown in Figs. 4 and 7: “The outer layer 28 is deposited on the wires 20, 22, filaments 14, and inner layer 12 so that all of the aforementioned components are sealed within the outer layer 28.”; “In another aspect of the invention, the transition layer is an interface
As to claim 5, Betz discloses in Figs. 3–5:
each of the first leak-detection wire and the second leak-detection wire extends from the first end of the tube to the second end (wire 20 and wire 22 begin at the right end of hose 10 in Fig. 3 and are wound along hose 10: “The first wire 20 begins at the three o’clock position as viewed from the right end shown in FIG. 3 and is helically wound over the filaments 14. … A second conductive wire 22 beginning at the nine o’clock position is helically wound around the filaments 14”) and surrounds the central axis of the tube (wires 20, 22 as shown in Figs. 3–4: “The conductive wires are radially equidistant from the center of the hose and helically wound around the inner layer.”).
As to claim 6, Betz discloses helical wires 20, 22 and that spacing controls detection speed (“The closer the spacing is between the wires 20, 22 the more quickly a leak may be detected”).
Betz in view of Raymond does not disclose that each of the first leak-detection wire and the second leak-detection wire has a pitch between 2 mm and 20 mm.
However, Raymond discloses a helical leak-detection conductor arrangement with a defined pitch (jacket 102 twisted into a helix as shown in Fig. 1: “the helix may have approximately one 360° turn per inch, or twelve turns per foot”).
Betz further teaches spacing of wires 20, 22 as a result-effective variable for how quickly liquid can bridge the pair.
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the system of Betz in view of Raymond and provide first conductive wire 20 and second conductive wire 22 with a pitch between 2 mm and 20 mm, as a routine optimization of the helical spacing already taught by Betz (“The closer the spacing is between the wires 20, 22 the more quickly a leak may be detected”) and the helical pitch taught by Raymond (“approximately one 360° turn per inch”), so that a rupture of inner layer 12 (Figs. 5, 8 of Betz) requires only a short travel of liquid before wire 20 and wire 22 are bridged.
As to claim 7, Betz discloses in Figs. 3–4 and 6–7:
the tube is made of a single or multiple materials (inner layer 12 and outer layer 28 of hose 10: “The outer layer 28 may be the same material as the inner layer, or could possibly be a different material.”; “The hose has an inner layer 12 which is typically a rubber material, but may be any elastomeric material.”).
Raymond further discloses a polymer/plastic body formed around leak-detection wires (jacket 102 as shown in Figs. 1–2 and 6: “the jacket 102 can be made from an extruded olefin based material”; “The polymer is heated beyond its melting point and forced at high pressure into the cavities 612, 614, 616”).
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to form hose 10 of Betz from a single or multiple materials, including but not limited to plastic one, as taught by Betz (same or different materials for inner layer 12 and outer layer 28) and Raymond (olefin / polymer jacket 102), so that the tube can be molded around wires 20, 22 while remaining suitable for carrying liquid.
As to claim 8, Betz discloses in Figs. 3–5:
the first leak-detection wire and the second leak-detection wire are extending in a helical pattern (first conductive wire 20 and second conductive wire 22 as shown in Fig. 3: “Both of the wires 20, 22 are wound in the same helical pattern. The pattern in which the wires 20, 22 are wound resembles a right hand threaded fastener and will hereinafter be referred to as a right hand helix.”; “The conductive wires are radially equidistant from the center of the hose and helically wound around the inner layer.”).
As to claim 10, Betz discloses in Figs. 1–8:
forming a two-end tube that is configured to allow liquids to flow through (hose 10 as shown in Fig. 1, formed with inner layer 12 on a mandrel and outer layer 28 as shown in Figs. 3–4 and 6–7: “This inner layer 12 may be formed by depositing material on a mandrel.”; “A leak detecting hose for transporting fluid”);
embedding a first leak-detection wire and a second leak-detection wire into the tube of the piping assembly (first conductive wire 20 and second conductive wire 22 placed on inner layer 12 / filaments 14 and sealed by outer layer 28 as shown in Figs. 3–4 and 6–7: “The outer layer 28 is deposited on the wires 20, 22, filaments 14, and inner layer 12 so that all of the aforementioned components are sealed within the outer layer 28. As the outer layer 28 is deposited, it flows into any spaces between the wires 20, 22”);
connecting first ends of the first leak-detection wire and the second leak-detection wire to a monitoring device to form an open circuit (ends of wire 20 and wire 22 at the right end of hose 10 in Fig. 3 connected to the external sensor: “The first wire 20 begins at the three o’clock position as viewed from the right end shown in FIG. 3 … A second conductive wire 22 beginning at the nine o’clock position”; “The wires 20, 22 of the above mentioned embodiments are connected to an external sensor that will indicate when a circuit is completed”); and
monitoring the open circuit for a change from an open state to a closed state by the monitoring device, wherein:
when the tube is undamaged, the first leak-detection wire and the second leak-detection wire remain electrically isolated, and the monitoring device reflects the open circuit (wires 20, 22 spaced in intact hose 10 as shown in Figs. 4 and 7: “spaced from each other so that no contact is made between said first and second conductive wires”), and
when a rupture occurs in the tube, the liquids seep into the rupture site to create a conductive path and the monitoring device detects a closed circuit that is formed by the first leak-detection wire, the second leak-detection wire, the liquids and the monitoring device (ruptured inner layer 12 as shown in Fig. 5 and Fig. 8; liquid in transition layer 16 / 30 contacting wire 20 and wire 22: “When the inner layer 12 is breached, the fluid will wick along the filaments in the transition layer 16. … the fluid will contact both the first and second wires 20, 22. The fluid contact with both wires 20, 22 will complete a circuit between the first and second wires 20, 22.”; “an external sensor that will indicate when a circuit is completed”).
Betz does not disclose embedding the first leak-detection wire and the second leak-detection wire during a molding process of forming the tube.
However, Raymond discloses in Figs. 6–8:
embedding leak-detection wires during a molding process of forming the polymer body (four flat wire array 608 fed through die 602 / die opening 606 of extrusion molding device 600 as shown in Figs. 6–8: “The four flat wire array 608 is then fed through the die opening 606, where the polymer is extruded around the four flat wire array 608.”; “The extrusion molding device 600 provides the ability to make a continuous leak detection cable.”).
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the method of Betz and embed first conductive wire 20 and second conductive wire 22 into hose 10 during a molding process of forming hose 10, as taught by Raymond (jacket 102 extruded around array 608 in die 602 as shown in Figs. 6–8), so that the two-end fluid hose and the isolated detector pair are formed together, wires 20, 22 stay fixed and protected inside the wall, and a rupture of inner layer 12 (Figs. 5, 8) still lets conductive liquid close the circuit at the sensor.
As to claim 12, Betz discloses in Figs. 4, 5, 7 and 8:
the tube includes an inner surface (inner surface of inner layer 12 of hose 10 as shown in Figs. 4 and 7), a channel that is surrounded by the inner surface (interior of inner layer 12 of hose 10 as shown in Figs. 4 and 7: “A leak detecting hose for transporting fluid”), and an outer surface that faces away from the inner surface (outer surface of outer layer 28 of hose 10 as shown in Figs. 4 and 7; “an interface between an outer surface of the inner layer and an inner surface of the outer layer”).
As to claim 13, Betz discloses in Figs. 4 and 7:
the first leak-detection wire and second leak-detection wire are positioned between the inner surface and the outer surface (first conductive wire 20 and second conductive wire 22 between inner layer 12 and outer layer 28 of hose 10 as shown in Figs. 4 and 7: “The outer layer 28 is deposited on the wires 20, 22, filaments 14, and inner layer 12 so that all of the aforementioned components are sealed within the outer layer 28.”).
As to claim 14, Betz discloses in Figs. 3–5:
each of the first leak-detection wire and the second leak-detection wire extends from one end of the tube to the other end of the tube (wire 20 and wire 22 begin at the right end of hose 10 in Fig. 3 and are wound along hose 10: “The first wire 20 begins at the three o’clock position as viewed from the right end shown in FIG. 3 and is helically wound over the filaments 14. … A second conductive wire 22 beginning at the nine o’clock position is helically wound around the filaments 14”) and surrounds the central axis of the tube (wires 20, 22 as shown in Figs. 3–4: “The conductive wires are radially equidistant from the center of the hose and helically wound around the inner layer.”).
As to claim 15, Betz in view of Raymond does not disclose that each of the first leak-detection wire and the second leak-detection wire has a pitch between 2 mm and 20 mm.
However, Raymond discloses a helical leak-detection arrangement with a defined pitch (jacket 102 as shown in Fig. 1: “the helix may have approximately one 360° turn per inch, or twelve turns per foot”).
Betz teaches that spacing of wires 20, 22 controls detection speed (“The closer the spacing is between the wires 20, 22 the more quickly a leak may be detected”).
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the method of Betz in view of Raymond and provide first conductive wire 20 and second conductive wire 22 with a pitch between 2 mm and 20 mm, as a routine optimization of the helical spacing taught by Betz and the helical pitch taught by Raymond, so that liquid from a rupture of inner layer 12 (Figs. 5, 8 of Betz) reaches both wires after only a short travel.
As to claim 16, Betz discloses in Figs. 3–4 and 6–7:
the tube is made of a single or multiple materials (inner layer 12 and outer layer 28: “The outer layer 28 may be the same material as the inner layer, or could possibly be a different material.”; “The hose has an inner layer 12 which is typically a rubber material, but may be any elastomeric material.”).
Raymond discloses a plastic/polymer body around leak-detection wires (jacket 102 as shown in Figs. 1–2 and 6: “the jacket 102 can be made from an extruded olefin based material”; “The polymer is heated beyond its melting point”).
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to form hose 10 from a single or multiple materials, including but not limited to plastic one, as taught by Betz and Raymond, so that the tube can be molded around wires 20, 22 while carrying liquid.
As to claim 17, Betz discloses in Figs. 3–5:
the first leak-detection wire and the second leak-detection wire are extending in a helical pattern (first conductive wire 20 and second conductive wire 22 as shown in Fig. 3: “Both of the wires 20, 22 are wound in the same helical pattern. The pattern in which the wires 20, 22 are wound resembles a right hand threaded fastener and will hereinafter be referred to as a right hand helix.”; “The conductive wires are radially equidistant from the center of the hose and helically wound around the inner layer.”).
Allowable Subject Matter
Claims, 2, 9, 11, 18 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
As to claims 2, 9, 11, 18, the prior art in record alone and/or in combination doesn’t disclose the features of wherein the monitoring device includes a positive terminal and a negative terminal, and the first ends of the of the first leak-detection wire and the second leak-detection wire are respectively connected to the positive terminal and the negative terminal of the monitoring device, as recited in claims 2, 11; wherein the first leak-detection wire and the second leak-detection wire extend longitudinally in the tube in a generally parallel manner to the tube's central axis, as recited in claim 9, 18; wherein the monitoring device includes a positive terminal and a negative terminal, and the first ends of the of the first leak-detection wire and the second leak-detection wire are respectively connected to the positive terminal and the negative terminal of the monitoring device, as recited in claim 11;
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TUNG X NGUYEN whose telephone number is (571)272-1967. The examiner can normally be reached 10:30am-6:30pm M-F.
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/TUNG X NGUYEN/Primary Examiner, Art Unit 2858 9/18/2026
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