DETAILED ACTION
Claims 1-17 were filed with the application on 04/17/2025.
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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 04/17/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 20 (see para [00030]); 182 (para [00055]).
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 185 (Fig 4), 386 (Fig 6), 389 (Figs 6 and 7).
Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 2, 4, 5, 7-11, 13, 14, 16, 17 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pat. No. 3,920,050 (“Nichol”).
With regard to claim 1, Nichol discloses a compressed air storage device (Fig. 1) configured to be connected to an air output of an air compressor (“compressed air” col. 1, line 21), the compressed air storage device comprising an air storage element (hose 2/4; col. 2, line 18-20) and a container element (shroud 8; col. 2, line 39-40), wherein the air storage element (2/4) includes a tubular body (hose, see Fig 1) having a first end (bottom of 2 in Fig 1) and a tube second end (top of 2 in Fig 1) opposite the tube first end, the tubular body (2) having a diameter (diameter is inherent and shown in Figs) and a length (“the hose may be of any desired length” col. 2, lines 24-25), where the length is equal to the distance between the tube first end and the tube second end (see Fig 1) when the tubular body (2) is arranged parallel to a line (see annotated Fig 1), the tubular body (2) including a reinforced tube wall (“reinforced tube wall” is a broad recitation and met by the thickened wall of 2 shown in Fig 3), the container element (shroud 8) comprising a container housing that is shaped and sized to receive the air storage element therein (shroud 8 includes ends 14, 16 and side wall along 10/12).
Nichol discloses all the claimed features with the exception of disclosing explicitly that the length is at least fifty times the diameter.
Nichol does disclose that the “the hose may be of any desired length” (see col. 2, lines 24-25). The drawings of Nichol appear to show that the length is more than 50 times the diameter, but it is not explicitly disclosed.
Applicant has not disclosed that having the length being at least fifty times the diameter solves any stated problem or is for any particular purpose. Rather, the specification merely provides several options for the length (see para [00048] of the application). Furthermore, it appears that the length of the tubular body would work equally well for a variety of different relative size amounts.
Accordingly, it would have been a matter of obvious design choice to one having ordinary skill in the art before the effective filing date of the claimed invention to make the length of the tubular body of Nichol be any suitable amount relative to the diameter, such as more than fifty times the diameter because the length to diameter ration of the tubular body does not appear to provide any unexpected results.
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With regard to claim 2, Nichol discloses that the container element (shroud 8) comprises a sidewall than encircles the air storage element and a closed end at one end of the sidewall (shroud 8 includes side wall along 10/12 and closed end 14), and at least one of the sidewall and the closed end includes perforations (perforations between coils 10 and 12, see Fig 1).
With regard to claim 4, Nichol discloses the container element (shroud 8) comprises a sidewall than encircles the air storage element and a closed end at one end of the sidewall (shroud 8 includes side wall along 10/12 and closed end 14, see Fig 1).
Nichol discloses all the claimed features with the exception of disclosing that at least one of the sidewall and the closed end is formed of plastic.
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to make at least one of the sidewall and closed end of Nichole made of any suitable material, such as plastic, 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 (See MPEP 2144.07).
With regard to claim 5, Nichol discloses the container element (shroud 8) comprises a sidewall than encircles the air storage element and a closed end at one end of the sidewall (shroud 8 includes side wall along 10/12 and closed end 14, see Fig 1), and at least one of the sidewall and the closed end is formed of a pliable material (portion 38 of end wall 14 is made of “soft rubber”; see Nichol at col. 3, lines 31-32).
With regard to claim 7, Nichol discloses that the container housing (shroud 8) is configured to be selectively opened and closed to permit access to an interior space of the container element (halves 18A and 18B of closed end 14 of container element 8 is releasable to allow for access to interior: “secured releasably” col. 3, lines 35-39).
With regard to claim 8, Nichol discloses that the container housing (shroud 8) comprises a lid (portions 18a, 18b) that is configured to permit access to an interior space of the container element (halves 18A and 18B of closed end 14 of container element 8 is releasable to allow for access to interior: “secured releasably” col. 3, lines 35-39).
With regard to claim 9, Nichol discloses an air compressor system (Fig. 1) comprising: an air compressor (“compressed air” inherently requires an air compressor; see col. 1, line 21) having an air output (output of air compressor is inherent), and a compressed air storage device (shown in Fig 1), the compressed air storage device comprising an air storage element (hose 2/4; col. 2, line 18-20) and a container element (shroud 8; col. 2, line 39-40), wherein the air storage element includes a tubular body (tube 2) having a tube first end (bottom of 2 in Fig 1) operably connected to the air output and configured to store compressed air, and a tube second end opposite the tube first end (col. 2, lines 35-39: “In most cases, the hose is provided at each end with a coupling 6, one for coupling to a fluid source or sources, and one for coupling to a dental instrument or the like”), the tubular body (2/4) having a diameter (diameter is inherent and shown in Figs) and a length (“the hose may be of any desired length” col. 2, lines 24-25), where the length is equal to the distance between the tube first end (bottom end) and the tube second end (top end; see Fig 1) when the tubular body (2) is arranged parallel to a line (see Fig 1), the tubular body (2) including a reinforced tube wall (“reinforced tube wall” is a broad recitation and met by the thickened wall of 2 shown in Fig 3), the container element (shroud 8) comprising a container housing that is shaped and sized to receive the air storage element therein (shroud 8 includes ends 14, 16 and side wall along 10/12).
Nichol discloses all the claimed features with the exception of disclosing explicitly that the length is at least fifty times the diameter.
Nichol does disclose that the “the hose may be of any desired length” (see col. 2, lines 24-25). The drawings of Nichol appear to show that the length is more than 50 times the diameter, but it is not explicitly disclosed.
Applicant has not disclosed that having the length being at least fifty times the diameter solves any stated problem or is for any particular purpose. Rather, the specification merely provides several options for the length (see para [00048] of the application). Furthermore, it appears that the length of the tubular body would work equally well for a variety of different relative size amounts.
Accordingly, it would have been a matter of obvious design choice to one having ordinary skill in the art before the effective filing date of the claimed invention to make the length of the tubular body of Nichol be any suitable amount relative to the diameter, such as more than fifty times the diameter because the length to diameter ration of the tubular body does not appear to provide any unexpected results.
With regard to claim 10, Nichol discloses an air driven tool (“dental instrument”; col. 1, line20-21; col. 2, lines 36-39) including a tool coupling (6), wherein the tube second end (top end of 2) is operably connected to the tool coupling (coupling 6).
With regard to claim 11, Nichol discloses that the container element (shroud 8) comprises a sidewall than encircles the air storage element (2/4) and a closed end at one end of the sidewall (shroud 8 includes side wall along 10/12 and closed end 14), and at least one of the sidewall and the closed end includes perforations (perforations between coils 10 and 12, see Fig 1).
With regard to claim 13, Nichol discloses the container element (shroud 8) comprises a sidewall than encircles the air storage element and a closed end at one end of the sidewall (shroud 8 includes side wall along 10/12 and closed end 14, Fig 1).
Nichol discloses all the claimed features with the exception of disclosing that at least one of the sidewall and the closed end is formed of plastic.
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to make at least one of the sidewall and closed end of Nichole made of any suitable material, such as plastic, 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 (See MPEP 2144.07).
With regard to claim 14, Nichol discloses the container element (shroud 8) comprises a sidewall than encircles the air storage element and a closed end at one end of the sidewall (shroud 8 includes side wall along 10/12 and closed end 14, see Fig 1), and at least one of the sidewall and the closed end is formed of a pliable material (portion 38 of end wall 14 is made of “soft rubber”; see Nichol at col. 3, lines 31-32).
With regard to claim 16, Nichol discloses that the container housing (shroud 8) is configured to be selectively opened and closed to permit access to an interior space of the container element (halves 18A and 18B of closed end 14 of container element 8 is releasable to allow for access to interior: “secured releasably” col. 3, lines 35-39).
With regard to claim 17, Nichol discloses that the container housing (shroud 8) comprises a lid (portions 18a, 18b) that is configured to permit access to an interior space of the container element (halves 18A and 18B of closed end 14 of container element 8 is releasable to allow for access to interior: “secured releasably” col. 3, lines 35-39).
Claims 3, 6, 12, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pat. No. 3,920,050 (“Nichol”) in view of U.S. Pat. Pub. No. 2008/0135119 (“Tonooka”).
With regard to claim 3, Nichol discloses all the claimed features with the exception of disclosing that at least one of the sidewall and the closed end is formed of a woven material.
Tonooka discloses a container element (310) that is a housing sized and shape to receive elongated tubular members therein (see 20), and teaches that it is known in the art to modify a container housing to include at least one of a sidewall that is formed of a woven material (“sleeve assembly 310 is woven” para [0036]).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to make the sidewall of the container housing out of any suitable material, such as a woven material, 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 (See MPEP 2144.07).
With regard to claim 6, Nichol discloses all the claimed features with the exception of disclosing that the container element comprises a structural support frame and a woven fabric covering that encloses the support frame.
Tonooka discloses a container element (310) that is a housing sized and shape to receive elongated tubular members therein (see 20), and teaches that it is known in the art to modify a container housing to include a structural support frame (“support member 314” para [0037]) and a woven fabric covering that encloses the support frame (314) (“sleeve assembly 310 is woven” para [0036], see Fig 8).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to utilize a container element with a side wall comprising a structural support frame and a woven fabric covering that encloses the support frame as taught by Tonooka in place of the container housing sidewall of Nichol, since the containers are known equivalents and the use of which would be known to one of ordinary skill in the art.
With regard to claim 12, Nichol discloses all the claimed features with the exception of disclosing that at least one of the sidewall and the closed end is formed of a woven material.
Tonooka discloses a container element (310) that is a housing sized and shape to receive elongated tubular members therein (see 20), and teaches that it is known in the art to modify a container housing to include at least one of a sidewall that is formed of a woven material (“sleeve assembly 310 is woven” para [0036]).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to make the sidewall of the container housing out of any suitable material, such as a woven material, 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 (See MPEP 2144.07).
With regard to claim 15, Nichol discloses all the claimed features with the exception of disclosing that the container element comprises a structural support frame and a woven fabric covering that encloses the support frame.
Tonooka discloses a container element (310) that is a housing sized and shape to receive elongated tubular members therein (see 20), and teaches that it is known in the art to modify a container housing to include a structural support frame (“support member 314” para [0037]) and a woven fabric covering that encloses the support frame (314) (“sleeve assembly 310 is woven” para [0036], see Fig 8).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to utilize a container element with a side wall comprising a structural support frame and a woven fabric covering that encloses the support frame as taught by Tonooka in place of the container housing sidewall of Nichol, since the containers are known equivalents and the use of which would be known to one of ordinary skill in the art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Pat. No. 12,000,521 discloses a container housing (100) enclosing a tubular body (14).
U.S. Pat. No. 6,386,238 discloses a container housing (10) over a coiled tubular body (40).
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/JESSICA CAHILL/Primary Examiner, Art Unit 3753
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