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 .
Response to Amendment
Claims 1, 12, and 19 have been amended. Therefore, claims 1-8 and 11-22 remain pending in the application. A duplicate claims objection previously set forth in the Non-Final Office Action mailed October 28, 2025 appears to be unaddressed; accordingly, the duplicate claims objection is maintained and is as set forth below.
Claim Objections
Claims 1 and 12 are objected to because of the following informalities:
In claims 1 and 2, line 7, “spool” should read “a spool”
Appropriate correction is required.
Duplicate Claims, Warning
Applicant is advised that should claims 1-7 and 21 be found allowable, claims 12-18 and 22, respectively, will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
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.
Claim(s) 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shawe (US20090320404A1) hereinafter "Shawe", in view of Espinosa (US20170089063A1), hereinafter "Espinosa".
Regarding claim 19, Shawe teaches an articulating-tension washer (Figs 10-11, washer assembly 120) for an articulating-tension arrangement (see Figs 1-2 and 10-11, Paragraphs 0054-0057) to be tensioned against and to permit articulation (Paragraphs 0054-0057, Examiner notes washer will be capable of being continuously positioned along the length of the curved surface no matter what angle the rod makes with the hillside washer as to be tensioned against and to permit articulation) relative to an anchor point (Fig 1, bracing 4) having a bearing face (see Figs 1-2, Paragraphs 0054-0057, Examiner notes surface of the bracing as having a bearing surface) extending in a plane (see Figs 1-2, Examiner notes a plane parallel to bracing 4 as a plane) and an aperture (see Figs 1-2, Paragraphs 0054-0057, Examiner notes channel or slot as for extension through an aperture) therethrough, the arrangement (see Figs 1-2 and 10-11) including an elongate member (see Figs 1-2, rod 7, Paragraphs 0054-0057) for extending (see Figs 1-2) through the aperture (see Figs 1-2), the elongate member (7) having an elongation (see Figs 1-2) extending (see Figs 1-2) in a direction (see Figs 1-2) generally transverse (see Figs 1-2) to the plane (see Figs 1-2), and the arrangement (see Figs 1-2 and 10-11) including a tightening member (Figs 1-2, nut 11, Paragraphs 0054-0057) operable for providing a tension force to pull (see Figs 1-2, Paragraphs 0054-0057, Examiner notes tightens the nut 11 as operable for providing a tension force to pull) the elongate member (7) through the aperture (see Figs 1-2), wherein the articulating-tension washer (120) is to be retained (see Figs 1-2 and 10-11, Paragraphs 0054-0057) relative to the bearing face (see Figs 1-2) to transmit a force (see Figs 1-2, Paragraphs 0054-0057) between the tightening member (11) and the anchor point (4), and the articulating-tension washer (120) includes an arcuate surface (Figs 10-11, curved surface 135) for location away (see Figs 1-2 and 10-11, Paragraphs 0054-0057) from the bearing face (see Figs 1-2), the arcuate surface (135) extending (see Figs 10-11) in an arc (see Figs 10-11) symmetrically (see Figs 10-11) across the direction (see Figs 1-2) of elongation (see Figs 1-2) of the elongate member (7);
wherein the articulating-tension washer (120) includes a first side (Figs 10-11, portion 130) and a second side (Figs 10-11, portion 125), and defines a through aperture (Figs 10-11, channel 140) extending (see Figs 10-11) between the first side (130) and the second side (125) and having an axis (see Figs 10-11), the arcuate surface (135) is located (see Figs 10-11) at the first side (130), the articulating-tension washer (120) includes a flat surface (Figs 10-11, flat base 127) located (see Figs 10-11) at the second side (125), the flat surface (127) for engaging (Paragraphs 0054-0057) the bearing face (see Figs 1-2) of the anchor point (4), and the flat surface (127) extending (see Figs 10-11) in a second plane (see Figs 10-11) that is generally transverse (see Figs 10-11) to the elongation (see Figs 1-2) of the elongate member (7) and generally transverse (see Figs 10-11) to the axis (see Figs 10-11) of the through aperture (140),
wherein the articulating-tension washer (120) is constructed and adapted to permit the elongate member (7) to be pulled through (see Figs 1-2, Paragraphs 0054-0057, Examiner notes tightens the nut 11 as is constructed and adapted to permit the elongate member to be pulled through) the articulating-tension washer (120) along the axis (see Figs 10-11) in a direction (see Figs 10-11) extending from the second side (125) toward the first side (130) while the flat surface (127) engages (see Figs 1-2, Paragraphs 0054-0057) the bearing face (see Figs 1-2) of the anchor point (4),
wherein the articulating-tension washer (120) includes a protruding boss (Figs 10-11, nub 145) located (see Figs 10-11) on the second side (125), protruding (see Figs 10-11) from the flat surface (127), and being constructed and adapted to be located (Paragraphs 0054-0057, Examiner notes nub positioned within the slot as being constructed and adapted to be located) within the anchor point (4) while the flat surface (127) of the articulating-tension washer (120) engages (see Figs 1-2, Paragraphs 0054-0057) the bearing face (see Figs 1-2) of the anchor point (4), and
wherein the arcuate surface (135) lies in a convex arc (see Figs 10-12) and is non-spherical (see Figs 10-12) for engagement (see Figs 1-2 and 10-11, Paragraphs 0054-0057) with a flat washer (see Figs 1-2, flat washer 10, Paragraphs 0054-0057).
Shawe fails to teach wherein the articulating-tension washer includes a protruding boss encircling the through aperture, the boss being shaped as a non-threaded, straight-sided hollow cylinder, and the boss having a cylindrical outer surface that extends perpendicular to the flat surface of the articulating-tension washer and being constructed and adapted to permit the articulating-tension washer to be rotatable to orient the articulating-tension washer, and the arcuate surface thereof, at any rotational position relative to the axis while the flat surface remains engaged with the anchor point and with the boss located within the anchor point.
However, Espinosa teaches it is known to provide wherein the articulating-tension washer (Fig 32, washer 238) includes a protruding boss (Fig 32, portion 242) encircling (see Figs 31-32) the through aperture (Fig 32, opening 250), the boss (242) being shaped as a non-threaded, straight-sided hollow cylinder (see Fig 32, Paragraph 0096, Examiner notes cylindrical extension portion 242 as being shaped as a non-threaded, straight-sided hollow cylinder), and the boss (242) having a cylindrical outer surface (see Figs 31-32) that extends perpendicular (see Fig 32) to the flat surface (see Fig 32, Examiner notes a surface of flange 244 engaged with bearing 236 as the flat surface) of the articulating-tension washer (238) and being constructed and adapted to permit the articulating-tension washer (238) to be rotatable to orient the articulating-tension washer (238), and the arcuate surface (see Figs 30-32, Examiner notes an upper surface of washer 238 as the arcuate surface) thereof, at any rotational position (see Fig 32, Paragraph 0096, Examiner notes a gap on each side of the extension portion allows the extension portion to move in either direction as being constructed and adapted to permit the articulating-tension washer to be rotatable to orient the articulating-tension washer, and the arcuate surface thereof, at any rotational position) relative to the axis (see Fig 32) while the flat surface (see Fig 32) remains engaged (see Fig 32) with the anchor point (Fig 32, bearing 236) and with the boss (242) located (see Fig 32) within the anchor point (236).
Therefore, as evidenced by Espinosa, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the protruding boss of Shawe to be a protruding boss encircling the through aperture, the boss being shaped as a non-threaded, straight-sided hollow cylinder, and the boss having a cylindrical outer surface that extends perpendicular to the flat surface of the articulating-tension washer and being constructed and adapted to permit the articulating-tension washer to be rotatable to orient the articulating-tension washer, and the arcuate surface thereof, at any rotational position relative to the axis while the flat surface remains engaged with the anchor point and with the boss located within the anchor point as taught by Espinosa. The rationale for supporting this conclusion of obviousness is to accommodate rods of various orientations based on application and requirements, e.g. rod being a few degrees off (Espinosa, Paragraph 0096), flexibility in washer placement due to part manufacturing, packaging, etc.
Regarding claim 20, modified Shawe teaches the articulating-tension washer (120) as set forth in claim 19 and further teaches wherein the articulating-tension washer (120) is configured to permit rocking (see Figs 1-2 and 10-11, Paragraphs 0054-0057, Examiner notes washer will be capable of being continuously positioned along the length of the curved surface no matter what angle the rod makes with the hillside washer as is configured to permit rocking) of the tightening member (11) relative to the arcuate surface (135) of the articulating-tension washer (120) at a location away (see Figs 1-2 and 10-11, Paragraphs 0054-0057) from the bearing face (see Figs 1-2).
Claim(s) 1-8, 11-18, and 21-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shawe, in view of Lemont (US1985509A), hereinafter "Lemont", and Espinosa.
Regarding claim 1, Shawe teaches an articulating-tension arrangement (see Figs 1-2 and 10-11, Paragraphs 0054-0057) for tensioning against and articulation (Paragraphs 0054-0057, Examiner notes washer will be capable of being continuously positioned along the length of the curved surface no matter what angle the rod makes with the hillside washer as for tensioning against and articulation) relative to an anchor point (Fig 1, bracing 4) that has a planar bearing surface (see Figs 1-2, Paragraphs 0054-0057, Examiner notes surface of the bracing as has a planar bearing surface), the arrangement (see Figs 1-2 and 10-11) including:
an elongate member (see Figs 1-2, rod 7, Paragraphs 0054-0057) for extension through an aperture (see Figs 1-2, Paragraphs 0054-0057, Examiner notes channel or slot as for extension through an aperture) defined by the anchor point (4) and having an elongation (see Figs 1-2) extending (see Figs 1-2) in a direction (see Figs 1-2) generally transverse (see Figs 1-2) to a first plane (see Figs 1-2, Examiner notes a plane parallel to bracing 4 as a first plane) within which the anchor point (4) lies;
a tightening member (Figs 1-2, nut 11, Paragraphs 0054-0057) operable for providing a tension force to pull (see Figs 1-2, Paragraphs 0054-0057, Examiner notes tightens the nut 11 as operable for providing a tension force to pull) the elongate member (7) through the aperture (see Figs 1-2); and
an articulating-tension washer (Figs 10-11, washer assembly 120), to be retained (see Figs 1-2, Paragraphs 0054-0057) at the aperture (see Figs 1-2) to transmit a force (see Figs 1-2, Paragraphs 0054-0057) between the tightening member (11) and the anchor point (4), including an arcuate surface (Figs 10-11, curved surface 135) for location away (see Figs 1-2 and 10-11, Paragraphs 0054-0057) from the aperture (see Figs 1-2), the arcuate surface (135) extending (see Figs 10-11) in an arc (see Figs 10-11) symmetrically (see Figs 10-11) across the direction (see Figs 1-2) of elongation (see Figs 1-2) of the elongate member (7);
wherein the articulating-tension washer (120) includes a first side (Figs 10-11, portion 130) and a second side (Figs 10-11, portion 125), and defines a through aperture (Figs 10-11, channel 140) extending (see Figs 10-11) between the first side (130) and the second side (125) and having an axis (see Figs 10-11), the arcuate surface (135) is located (see Figs 10-11) at the first side (130), the articulating- tension washer (120) includes a flat surface (Figs 10-11, flat base 127) located (see Figs 10-11) at the second side (125), the flat surface (127) for engaging (Paragraphs 0054-0057) the planar bearing surface (see Figs 1-2) of the anchor point (4), and the flat surface (127) extending (see Figs 10-11) in a second plane (see Figs 10-11) that is generally transverse (see Figs 10-11) to the elongation (see Figs 1-2) of the elongate member (7) and generally transverse (see Figs 10-11) to the axis (see Figs 10-11) of the through aperture (140),
wherein the tightening member (11) is constructed and adapted to provide the tension force to pull (see Figs 1-2, Paragraphs 0054-0057, Examiner notes tightens the nut 11 as is constructed and adapted to provide the tension force to pull) the elongate member (7) through the articulating-tension washer (120) along the axis (see Figs 10-11) in a direction (see Figs 10-11) extending from the second side (125) toward the first side (130), and
wherein the articulating-tension washer (120) includes a protruding boss (Figs 10-11, nub 145) located (see Figs 10-11) on the second side (125), protruding (see Figs 10-11) from the flat surface (127), and being constructed and adapted to be located (Paragraphs 0054-0057, Examiner notes nub positioned within the slot as being constructed and adapted to be located) within the aperture (see Figs 1-2) of the anchor point (4) while the flat surface (127) of the articulating-tension washer (120) engages (see Figs 1-2, Paragraphs 0054-0057) the planar bearing surface (see Figs 1-2) of the anchor point (4).
Shawe fails to teach wherein the elongate member is secured to a cable attachment of the arrangement which includes spool about which a cable extends for transmission of force relative to the elongate member; wherein the articulating-tension washer includes a protruding boss encircling the through aperture, the boss being shaped as a non-threaded, straight-sided hollow cylinder, and the boss having a cylindrical outer surface that extends perpendicular to the flat surface of the articulating-tension washer and being constructed and adapted to permit the articulating-tension washer to be rotatable to orient the articulating-tension washer, and the arcuate surface thereof, at any rotational position relative to the axis while the flat surface remains engaged with the anchor point and with the boss located within the anchor point.
However, Lemont teaches it is known to provide wherein the elongate member (Fig 1, bolt 5) is secured (see Fig 1) to a cable attachment (see Fig 1) of the arrangement (see Fig 1) which includes spool (Fig 1, roller 20) about which a cable (Fig 1, cable 22) extends (see Fig 1) for transmission of force (see Fig 1, Pg 2, Col 2, lines 15-23) relative to the elongate member (5).
Therefore, as evidenced by Lemont, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine wherein the elongate member is secured to a cable attachment of the arrangement which includes spool about which a cable extends for transmission of force relative to the elongate member as taught by Lemont to Shawe. The rationale for supporting this conclusion of obviousness is to provide an anchor bolt and clevis unit having a roller which will not cause damage to the cable if the cable is displaced angularly (Lemont, Pg 2, Col 2, line 73 - Pg 3, Col 1, line 5).
Shawe, in view of Lemont fails to teach wherein the articulating-tension washer includes a protruding boss encircling the through aperture, the boss being shaped as a non-threaded, straight-sided hollow cylinder, and the boss having a cylindrical outer surface that extends perpendicular to the flat surface of the articulating-tension washer and being constructed and adapted to permit the articulating-tension washer to be rotatable to orient the articulating-tension washer, and the arcuate surface thereof, at any rotational position relative to the axis while the flat surface remains engaged with the anchor point and with the boss located within the anchor point.
However, Espinosa teaches it is known to provide wherein the articulating-tension washer (Fig 32, washer 238) includes a protruding boss (Fig 32, portion 242) encircling (see Figs 31-32) the through aperture (Fig 32, opening 250), the boss (242) being shaped as a non-threaded, straight-sided hollow cylinder (see Fig 32, Paragraph 0096, Examiner notes cylindrical extension portion 242 as being shaped as a non-threaded, straight-sided hollow cylinder), and the boss (242) having a cylindrical outer surface (see Figs 31-32) that extends perpendicular (see Fig 32) to the flat surface (see Fig 32, Examiner notes a surface of flange 244 engaged with bearing 236 as the flat surface) of the articulating-tension washer (238) and being constructed and adapted to permit the articulating-tension washer (238) to be rotatable to orient the articulating-tension washer (238), and the arcuate surface (see Figs 30-32, Examiner notes an upper surface of washer 238 as the arcuate surface) thereof, at any rotational position (see Fig 32, Paragraph 0096, Examiner notes a gap on each side of the extension portion allows the extension portion to move in either direction as being constructed and adapted to permit the articulating-tension washer to be rotatable to orient the articulating-tension washer, and the arcuate surface thereof, at any rotational position) relative to the axis (see Fig 32) while the flat surface (see Fig 32) remains engaged (see Fig 32) with the anchor point (Fig 32, bearing 236) and with the boss (242) located (see Fig 32) within the anchor point (236).
Therefore, as evidenced by Espinosa, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the protruding boss of modified Shawe to be a protruding boss encircling the through aperture, the boss being shaped as a non-threaded, straight-sided hollow cylinder, and the boss having a cylindrical outer surface that extends perpendicular to the flat surface of the articulating-tension washer and being constructed and adapted to permit the articulating-tension washer to be rotatable to orient the articulating-tension washer, and the arcuate surface thereof, at any rotational position relative to the axis while the flat surface remains engaged with the anchor point and with the boss located within the anchor point as taught by Espinosa. The rationale for supporting this conclusion of obviousness is to accommodate rods of various orientations based on application and requirements, e.g. rod being a few degrees off (Espinosa, Paragraph 0096), flexibility in washer placement due to part manufacturing, packaging, etc.
Regarding claim 2, modified Shawe teaches the arrangement (see Figs 1-2 and 10-11) as set forth in claim 1 and further teaches wherein the articulating-tension washer (120) is constructed and adapted to permit pivoting (Paragraphs 0054-0057, Examiner notes washer will be capable of being continuously positioned along the length of the curved surface no matter what angle the rod makes with the hillside washer as is constructed and adapted to permit pivoting) of the elongate member (7) relative to the arcuate surface (135) of the articulating-tension washer (120).
Regarding claim 3, modified Shawe teaches the arrangement (see Figs 1-2 and 10-11) as set forth in claim 1 and further teaches wherein the elongate member (7) extends (see Figs 1-2, Paragraphs 0054-0057) through the through aperture (140), the through aperture (140) and the elongate member (7) are constructed and adapted such that the elongate member (7) is permitted to pivot (see Figs 10-11, Paragraphs 0054-0057, Examiner notes washer will be capable of being continuously positioned along the length of the curved surface no matter what angle the rod makes with the hillside washer as are constructed and adapted such that the elongate member is permitted to pivot) within the through aperture (140).
Regarding claim 4, modified Shawe teaches the arrangement (see Figs 1-2 and 10-11) as set forth in claim 3 and further teaches wherein the through aperture (140) of the articulating-tension washer (120) includes a conical segment (see Figs 11-12).
Regarding claim 5, modified Shawe teaches the arrangement (see Figs 1-2 and 10-11) as set forth in claim 1 and further teaches wherein the articulating-tension washer (120) is constructed and adapted to permit rocking (see Figs 1-2 and 10-11, Paragraphs 0054-0057, Examiner notes washer will be capable of being continuously positioned along the length of the curved surface no matter what angle the rod makes with the hillside washer as is constructed and adapted to permit rocking) of the tightening member (11) relative to the arcuate surface (135) of the articulating-tension washer (120).
Regarding claim 6, modified Shawe teaches the arrangement (see Figs 1-2 and 10-11) as set forth in claim 1 and further teaches including a flat washer (see Figs 1-2, flat washer 10, Paragraphs 0054-0057) interposed (see Figs 1-2 and 10-11) between the tightening member (11) and the articulating-tension washer (120).
Regarding claim 7, modified Shawe teaches the arrangement (see Figs 1-2 and 10-11) as set forth in claim 6 and further teaches wherein the flat washer (10) is constructed and adapted to permit pivoting (see Figs 1-2 and 10-11, Paragraphs 0054-0057, Examiner notes washer will be capable of being continuously positioned along the length of the curved surface no matter what angle the rod makes with the hillside washer as is constructed and adapted to permit pivoting) of the elongate member (7) relative to the arcuate surface (135) of the articulating-tension washer (120).
Regarding claim 8, modified Shawe teaches the arrangement (see Figs 1-2 and 10-11) as set forth in claim 6 and further teaches wherein the articulating-tension washer (120) is constructed and adapted to permit rocking (see Figs 1-2 and 10-11, Paragraphs 0054-0057, Examiner notes washer will be capable of being continuously positioned along the length of the curved surface no matter what angle the rod makes with the hillside washer as is constructed and adapted to permit rocking) of the tightening member (11) and the flat washer (10) relative to the arcuate surface (135) of the articulating-tension washer (120).
Regarding claim 11, modified Shawe teaches the arrangement (see Figs 1-2 and 10-11) as set forth in claim 1 and further teaches wherein the arcuate surface (135) is symmetrical (see Figs 10-11) across the axis (see Figs 10-11).
Regarding claim 12, Shawe teaches an articulating-tension arrangement (see Figs 1-2 and 10-11, Paragraphs 0054-0057) for tensioning against and articulation (Paragraphs 0054-0057, Examiner notes washer will be capable of being continuously positioned along the length of the curved surface no matter what angle the rod makes with the hillside washer as for tensioning against and articulation) relative to an anchor point (Fig 1, bracing 4) having a bearing face (see Figs 1-2, Paragraphs 0054-0057, Examiner notes surface of the bracing as having a bearing surface) extending in a plane (see Figs 1-2, Examiner notes a plane parallel to bracing 4 as a plane) and an aperture (see Figs 1-2, Paragraphs 0054-0057, Examiner notes channel or slot as for extension through an aperture) therethrough, the arrangement (see Figs 1-2 and 10-11) including:
an elongate member (see Figs 1-2, rod 7, Paragraphs 0054-0057) for extension (see Figs 1-2) through the aperture (see Figs 1-2), the elongate member (7) having an elongation (see Figs 1-2) extending (see Figs 1-2) in a direction (see Figs 1-2) generally transverse (see Figs 1-2) to the plane (see Figs 1-2);
a tightening member (Figs 1-2, nut 11, Paragraphs 0054-0057) operable for providing a tension force to pull (see Figs 1-2, Paragraphs 0054-0057, Examiner notes tightens the nut 11 as operable for providing a tension force to pull) the elongate member (7) through the aperture (see Figs 1-2); and
an articulating-tension washer (Figs 10-11, washer assembly 120), to be retained (see Figs 1-2, Paragraphs 0054-0057), to be retained (see Figs 1-2 and 10-11, Paragraphs 0054-0057) relative to the bearing face (see Figs 1-2) to transmit a force (see Figs 1-2, Paragraphs 0054-0057) between the tightening member (11) and the anchor point (4), including an arcuate surface (Figs 10-11, curved surface 135) for location away (see Figs 1-2 and 10-11, Paragraphs 0054-0057) from the bearing face (see Figs 1-2), the arcuate surface (135) extending (see Figs 10-11) in an arc (see Figs 10-11) symmetrically (see Figs 10-11) across the direction (see Figs 1-2) of elongation (see Figs 1-2) of the elongate member (7);
wherein the articulating-tension washer (120) includes a first side (Figs 10-11, portion 130) and a second side (Figs 10-11, portion 125), and defines a through aperture (Figs 10-11, channel 140) extending (see Figs 10-11) between the first side (130) and the second side (125) and having an axis (see Figs 10-11), the arcuate surface (135) is located (see Figs 10-11) at the first side (130), the articulating- tension washer (120) includes a flat surface (Figs 10-11, flat base 127) located (see Figs 10-11) at the second side (125), the flat surface (127) for engaging (Paragraphs 0054-0057) the bearing face (see Figs 1-2) of the anchor point (4), and the flat surface (127) extending (see Figs 10-11) in a second plane (see Figs 10-11) that is generally transverse (see Figs 10-11) to the elongation (see Figs 1-2) of the elongate member (7) and generally transverse (see Figs 10-11) to the axis (see Figs 10-11) of the through aperture (140),
wherein the tightening member (11) is constructed and adapted to provide the tension force to pull (see Figs 1-2, Paragraphs 0054-0057, Examiner notes tightens the nut 11 as is constructed and adapted to provide the tension force to pull) the elongate member (7) through the articulating-tension washer (120) along the axis (see Figs 10-11) in a direction (see Figs 10-11) extending from the second side (125) toward the first side (130), and
wherein the articulating-tension washer (120) includes a protruding boss (Figs 10-11, nub 145) located (see Figs 10-11) on the second side (125), protruding (see Figs 10-11) from the flat surface (127), and being constructed and adapted to be located (Paragraphs 0054-0057, Examiner notes nub positioned within the slot as being constructed and adapted to be located) within the aperture (see Figs 1-2) of the anchor point (4) while the flat surface (127) of the articulating-tension washer (120) engages (see Figs 1-2, Paragraphs 0054-0057) the bearing surface (see Figs 1-2) of the anchor point (4).
Shawe fails to teach wherein the elongate member is secured to a cable attachment of the arrangement which includes spool about which a cable extends for transmission of force relative to the elongate member; wherein the articulating-tension washer includes a protruding boss encircling the through aperture, the boss being shaped as a non-threaded, straight-sided hollow cylinder, and the boss having a cylindrical outer surface that extends perpendicular to the flat surface of the articulating-tension washer and being constructed and adapted to permit the articulating-tension washer to be rotatable to orient the articulating-tension washer, and the arcuate surface thereof, at any rotational position relative to the axis while the flat surface remains engaged with the anchor point and with the boss located within the anchor point.
However, Lemont teaches it is known to provide wherein the elongate member (Fig 1, bolt 5) is secured (see Fig 1) to a cable attachment (see Fig 1) of the arrangement (see Fig 1) which includes spool (Fig 1, roller 20) about which a cable (Fig 1, cable 22) extends (see Fig 1) for transmission of force (see Fig 1, Pg 2, Col 2, lines 15-23) relative to the elongate member (5).
Therefore, as evidenced by Lemont, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine wherein the elongate member is secured to a cable attachment of the arrangement which includes spool about which a cable extends for transmission of force relative to the elongate member as taught by Lemont to Shawe. The rationale for supporting this conclusion of obviousness is to provide an anchor bolt and clevis unit having a roller which will not cause damage to the cable if the cable is displaced angularly (Lemont, Pg 2, Col 2, line 73 - Pg 3, Col 1, line 5).
Shawe, in view of Lemont fails to teach wherein the articulating-tension washer includes a protruding boss encircling the through aperture, the boss being shaped as a non-threaded, straight-sided hollow cylinder, and the boss having a cylindrical outer surface that extends perpendicular to the flat surface of the articulating-tension washer and being constructed and adapted to permit the articulating-tension washer to be rotatable to orient the articulating-tension washer, and the arcuate surface thereof, at any rotational position relative to the axis while the flat surface remains engaged with the anchor point and with the boss located within the anchor point.
However, Espinosa teaches it is known to provide wherein the articulating-tension washer (Fig 32, washer 238) includes a protruding boss (Fig 32, portion 242) encircling (see Figs 31-32) the through aperture (Fig 32, opening 250), the boss (242) being shaped as a non-threaded, straight-sided hollow cylinder (see Fig 32, Paragraph 0096, Examiner notes cylindrical extension portion 242 as being shaped as a non-threaded, straight-sided hollow cylinder), and the boss (242) having a cylindrical outer surface (see Figs 31-32) that extends perpendicular (see Fig 32) to the flat surface (see Fig 32, Examiner notes a surface of flange 244 engaged with bearing 236 as the flat surface) of the articulating-tension washer (238) and being constructed and adapted to permit the articulating-tension washer (238) to be rotatable to orient the articulating-tension washer (238), and the arcuate surface (see Figs 30-32, Examiner notes an upper surface of washer 238 as the arcuate surface) thereof, at any rotational position (see Fig 32, Paragraph 0096, Examiner notes a gap on each side of the extension portion allows the extension portion to move in either direction as being constructed and adapted to permit the articulating-tension washer to be rotatable to orient the articulating-tension washer, and the arcuate surface thereof, at any rotational position) relative to the axis (see Fig 32) while the flat surface (see Fig 32) remains engaged (see Fig 32) with the anchor point (Fig 32, bearing 236) and with the boss (242) located (see Fig 32) within the anchor point (236).
Therefore, as evidenced by Espinosa, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the protruding boss of modified Shawe to be a protruding boss encircling the through aperture, the boss being shaped as a non-threaded, straight-sided hollow cylinder, and the boss having a cylindrical outer surface that extends perpendicular to the flat surface of the articulating-tension washer and being constructed and adapted to permit the articulating-tension washer to be rotatable to orient the articulating-tension washer, and the arcuate surface thereof, at any rotational position relative to the axis while the flat surface remains engaged with the anchor point and with the boss located within the anchor point as taught by Espinosa. The rationale for supporting this conclusion of obviousness is to accommodate rods of various orientations based on application and requirements, e.g. rod being a few degrees off (Espinosa, Paragraph 0096), flexibility in washer placement due to part manufacturing, packaging, etc.
Regarding claim 13, modified Shawe teaches the arrangement (see Figs 1-2 and 10-11) as set forth in claim 12 and further teaches wherein the articulating-tension washer (120) is constructed and adapted to permit pivoting (Paragraphs 0054-0057, Examiner notes washer will be capable of being continuously positioned along the length of the curved surface no matter what angle the rod makes with the hillside washer as is constructed and adapted to permit pivoting) of the elongate member (7) relative to the arcuate surface (135) of the articulating-tension washer (120).
Regarding claim 14, modified Shawe teaches the arrangement (see Figs 1-2 and 10-11) as set forth in claim 12 and further teaches wherein the through aperture (140) and the elongate member (7) are constructed and adapted such that the elongate member (7) is permitted to pivot (see Figs 10-11, Paragraphs 0054-0057, Examiner notes washer will be capable of being continuously positioned along the length of the curved surface no matter what angle the rod makes with the hillside washer as are constructed and adapted such that the elongate member is permitted to pivot) within the through aperture (140).
Regarding claim 15, modified Shawe teaches the arrangement (see Figs 1-2 and 10-11) as set forth in claim 14 and further teaches wherein the through aperture (140) of the articulating-tension washer (120) includes a conical segment (see Figs 11-12).
Regarding claim 16, modified Shawe teaches the arrangement (see Figs 1-2 and 10-11) as set forth in claim 12 and further teaches wherein the articulating-tension washer (120) is constructed and adapted to permit rocking (see Figs 1-2 and 10-11, Paragraphs 0054-0057, Examiner notes washer will be capable of being continuously positioned along the length of the curved surface no matter what angle the rod makes with the hillside washer as is constructed and adapted to permit rocking) of the tightening member (11) relative to the arcuate surface (135) of the articulating-tension washer (120) at a location away (see Figs 1-2 and 10-11, Paragraphs 0054-0057) from the bearing face (see Figs 1-2).
Regarding claim 17, modified Shawe teaches the arrangement (see Figs 1-2 and 10-11) as set forth in claim 12 and further teaches including a flat washer (see Figs 1-2, flat washer 10, Paragraphs 0054-0057) interposed (see Figs 1-2 and 10-11) between the tightening member (11) and the articulating-tension washer (120).
Regarding claim 18, modified Shawe teaches the arrangement (see Figs 1-2 and 10-11) as set forth in claim 17 and further teaches wherein the flat washer (10) is constructed and adapted to permit pivoting (see Figs 1-2 and 10-11, Paragraphs 0054-0057, Examiner notes washer will be capable of being continuously positioned along the length of the curved surface no matter what angle the rod makes with the hillside washer as is constructed and adapted to permit pivoting) of the elongate member (7) relative to the arcuate surface (135) of the articulating-tension washer (120) at a location away (see Figs 1-2 and 10-11, Paragraphs 0054-0057) from the bearing face (see Figs 1-2).
Regarding claims 21-22, modified Shawe teaches the arrangement (see Figs 1-2 and 10-11) as set forth in [claim 21: claim 1; claim 22: claim 12] and further teaches wherein an axial length (see Figs 10-11; Espinosa, see Fig 32) of the boss (145) being less (see Figs 10-11; Espinosa, see Fig 32) than an axial length (see Figs 10-11; Espinosa, see Fig 32) of the arcuate surface (135).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 12, and 19 have been considered but are moot because the new ground of rejection does not rely on any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/J.W./Examiner, Art Unit 3675 /KRISTINA R FULTON/Supervisory Patent Examiner, Art Unit 3675
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