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 Arguments
Applicant's arguments filed 12/29/2025 have been fully considered but they are not persuasive.
In response to applicant's argument that “the bag being configured to fully contain the liquid shim material and maintain the integrity of the sealed openings when the bag is deformed under pressure”, a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
Additionally, the disclosure in Dunn that “It is expected that applying a load to the bag in this way will cause the cementitious grout to be forced into the zone 12 around the threaded rod 16 and thus form a seal around it when the grout is cured” is considered to read on the limitation in claim 1 of “the bag being configured to fully contain the liquid shim material and maintain the integrity of the sealed openings when the bag is deformed under pressure” as in both cases, the internal material is contained within the bag or pouch.
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.
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.
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.
Claim(s) 1-6, 8, 36-38 and 40 is/are rejected under 35 U.S.C. 103 as being unpatentable over Eto (JP 2008248560 A), and further in view of Havelock (GB 2099115 A) and Dunn (GB 2413164 A).
As to claim 1, Eto discloses a liquid shim, comprising:
a bag (bag body 36) defining a closed inner volume, the bag being configured to fully contain the liquid shim material (“reaction curable resin” and “hardener”); and
a liquid shim material being flowable through the closed inner volume and being curable to form a solid, the liquid shim material having a liquid shim material volume being less than the closed inner volume of the bag. See the translation, disclosing:
claim 1 relates to a variable pad, and between the rail and rail support such as a tie plate, a track pad made of an elastic plate made of rubber or the like that acts as a cushioning material when the railway vehicle is running is provided. The variable pad is inserted together with the track pad, and the thickness is adjusted so as to fill a gap between the track pad and the rail, and the bag body is filled with a liquid of a reactive curable resin, The bag body formed of a flexible sheet is provided with first and second bag portions independent from each other, and a partition portion for partitioning between the first bag portion and the second bag portion. The primary bag of the reaction curable resin is sealed in the first bag portion, the hardener solution is sealed in the second bag portion, and the partition portion is a semi-adhesive weak seal portion. And added to at least one of the first bag portion and the second bag portion. The first bag portion and the second bag portion are connected to each other by a pressure to form a large bag portion, and the main agent liquid and the curing agent liquid can be mixed, In addition, the total amount of the main agent liquid and the curing agent liquid is more than the amount necessary to fill the gap, and a liquid escape portion is provided outward in the rail longitudinal direction with respect to the large bag portion. The liquid relief portion and the large bag portion are connected by a liquid passage whose passage width is smaller than the dimension in the rail width direction of the large bag portion, and before the downward pressing force is applied from the rail, the liquid There is provided a semi-adhesive weak seal portion that prevents the movement of the liquid to the liquid escape portion through the passage while allowing the liquid to move from the large bag portion to the liquid escape portion by being peeled off by the action of the pressing force. It is characterized by being.
…
In this case, even if a downward pressing force from the rail is applied, even if the liquid cannot move to one of the liquid escape parts on both sides, the one of the liquid escape parts in the large bag part Thus, the bag body itself (large bag) can be prevented from being ruptured by the downward pressing force from the rail.
Eto suggests that the bag is non-porous as it can be prevented from rupturing, but does not explicitly recite that the bag is non-porous. Eto does disclose that “In this embodiment, a composite material of PET (polyethylene terephthalate) and LLDPE (linear low density polyethylene) is used as the resin sheet.”) Both PET (polyethylene terephthalate) and LLDPE (linear low density polyethylene) are non-porous materials and used for applications where barrier properties are need. Eto also does not disclose having sealed openings spaced inwardly from a periphery of the bag, the sealed opening being sealed from the closed inner volume and delimiting holes extending through the bag.
In any event, Havelock discloses and makes obvious wherein the bag is non-porous and the bag being configured to fully contain the liquid shim material. See page 2, lines 36-67, disclosing:
As illustrated in the drawing, a machine base plate 1 is supported above a support such as a concrete raft 2 by chocks 3 only one of which is shown by way of example, to provide a space 4 between the base plate 1 and raft 2. Within the space 4, a plurality of mounting pads can be provided by means of a U-shaped metal wall 5 which is inserted into one end of a bag 6 containing an epoxy resin so as to be wholly within a porous neck 7 of a bag 6 (indicated by crossed hatching, this part of the bag may be of woven textile material while the remainder of the bag 6 is preferably non-porous, having for example a film of polyvinyl chloride or polyethylene bag 12 for example over the same woven substrate. The resin is squeezed from the main part of bag 6 for example by rolling the bag up from the end of roller 13 into the neck part within the U-shaped forming piece 3.Air from the space within the space within the U-shaped wall is expelled through the pores of the porous part 7 of the bag as the resin enters the space. When the resin has been squeezed out of the bag 6, the rolled up bag may be left in place, or alternatively trimmed off after the the resin has set. After the resin has cured, up to two days later, the chocks 3 can be knocked out and the machine base supported directly by the pads of resin. The remainder of the space 4 may if desired be filled with further vibration dampening material such as foam rubber to inhibit among other phenomena noise resonance.
Havelock also teaches that this arrangement is beneficial to damp vibrations and reduce the risk of failure. See page 2, lines 90-96, disclosing:
The resin pad not only provides a vibration dampening pad between the machine base 1 and the raft or other support structure, but in the embodiment illustrated serves to damp any vibrations arising in the bolt with consequent reduced risk of failure of the bolt due for example to vibration induced shearing.
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the filing of the invention to have utilized wherein the bag is non-porous as in Havelock in order to damp any vibrations arising in the bolt with consequent reduced risk of failure of the bolt due for example to vibration induced shearing.
Dunn discloses disclose having sealed openings spaced inwardly from a periphery of the bag, the sealed opening being sealed from the closed inner volume and delimiting holes extending through the bag. Dunn teaches many of the limitations of claim 1, including a liquid shim, comprising: a bag (“envelope 10”) defining a closed inner volume and having sealed openings spaced inwardly from a periphery of the bag (see zone 12), the sealed openings being sealed from the closed inner volume and delimiting holes extending through the bag (“the zone 12 of the bag 10 is slit using a sharp knife or the like and the bag is subsequently placed over the threaded rod 16 such that the rod protrudes through the zone 12.”), the bag being configured to fully contain the liquid shim material and maintain the integrity of the sealed openings when the bag is deformed under pressure; and a liquid shim material (“loose cementitious grout”) being flowable through the closed inner volume around the sealed openings and being curable to form a solid, the liquid shim material having a liquid shim material volume being less than the closed inner volume of the bag.
See page 3, line 9 to page 5, line 10, disclosing:
Referring now to the drawings, an envelope 10 of a porous material is formed into a bag and partially filled with an uncured cement grout. The bag may be closed as indicated at 11 by stitching, welding or other fastening.
In this example the bag is rectangular in plan having a generally uniform thickness determined by the flexibility of the bag and the loose cementitious grout contained within it.
Centrally of the envelope or bag (in plan) there is a zone 12 where the opposed faces of the envelope are stitched or welded together such that they contain, between them, none of the cementitious material, or only a minimal amount thereof. Thus, the bag has the appearance of a buttoned cushion where the central region is depressed with respect to the remainder of the bag.
Referring now to Fig. 2 it is to be assumed, in this example, that there exists an embedded anchor 15 which may be in the form of a screw pile having a threaded rod 16 at its upper end and exposed above the surface 17 of the surrounding ground. It is intended, in this example, to mount an upright structure 18 which could be the leg of a mast, having a flanged foot 19 welded thereto, on the screw pile 15. In accordance with the invention, the zone 12 of the bag 10 is slit using a sharp knife or the like and the bag is subsequently placed over the threaded rod 16 such that the rod protrudes through the zone 12. Preferably, the slit is only just large enough to receive the rod 16 and should not extend into the area of the bag containing the cementitious grout, illustrated at 20 in Fig. 2.
If necessary, the bag may be pre-soaked in water for a short period, which may typically be between a few seconds and a few minutes, sufficient to allow water to permeate through the material of the bag thus to be absorbed by the cementitious grout.
Once the structure is mounted on the ground anchor it is tightened down by a nut 21 applied to the threaded rod 16. This has the effect of depressing the bag 10 so that it accommodates the unevenness or sloping angle of the ground, but the bag retains the grout thus avoiding the need for conventional shattering.
It is expected that applying a load to the bag in this way will cause the cementitious grout to be forced into the zone 12 around the threaded rod 16 and thus form a seal around it when the grout is cured.
Referring now to Fig. 3, it will be seen that such a bag may be used against a vertical surface 22 thus to attach a plate 23 or the like to an embedded anchor 24. The containment of the grout by the bag 10 is of particular advantage in this example since, conventionally the grout would require shattering to prevent it from running out from between the surface 22 and the plate 23.
The grout to be used is preferably one which is cured by the addition of water and may include grouts which expand on curing. Some grouts require only a little water whilst others require a considerable volume, and the grout will be selected according to the application.
In effect, the grout contained within the envelope forms a grout pad which is found to bear the same load transfer as grout placed within shattering in the conventional manner. The advantage to be gained from use of such a grout pad is that it is convenient for storage and transportation; it can be placed readily over the ground anchor; and it avoids the need for shattering which would have to be assembled and then removed later. Furthermore, the containment of the grout within the envelope offers some inherent support before the grout is set thus making it easier to use on sloping ground.
The shape of the envelope or bag may be selected according to the shape and lateral dimension of the foot 19 or the plate 23. It may be other than rectangular and may for example be circular in plan where the foot 19 is a circular flange. Triangular, or indeed any other shape may be adopted.
See Figures 1, 2, and 3, below:
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Therefore, it would have been obvious to one of ordinary skill in the art at the time of the filing of the invention to have utilized wherein having sealed openings spaced inwardly from a periphery of the bag, the sealed opening being sealed from the closed inner volume and delimiting holes extending through the bag as taught by Dunn in order enable mounting on structures such as threaded rods.
As to claim 2, Dunn as incorporated discloses wherein the periphery of the bag includes a peripheral portion defining a peripheral edge of the bag, the peripheral portion being temporarily closeable to decrease the closed inner volume, and the peripheral portion being expandable. See page 3, lines 10-11, disclosing “The bag may be closed as indicated at 11 by stitching, welding or other fastening.”
As to claim 3, Eto discloses a liquid shim (variable pad 220) wherein the peripheral portion is folded about a fold line spaced inwardly from the peripheral edge, the peripheral portion being unfoldable about the fold line to close and expand the peripheral portion.
See the translation, disclosing:
Between the rail 200 and the tie plate 204, a track pad 218 and a variable pad 220, which are made of an elastic plate and serve as a buffer when the train travels, are inserted.
Inside the variable pad 220, a mixed liquid of a main liquid and a hardener liquid of a reaction curable resin is injected, and then this is hardened.
The variable pad 220 is increased in thickness by expansion according to the injection amount of the mixed liquid, and the rail 200 is held at an appropriate height and level together with the track pad 218 by appropriately adjusting the thickness.
See also Figure 23, marked up below:
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Alternatively, Dunn as incorporated is capable of being folded such that the peripheral portion is folded about a fold line spaced inwardly from the peripheral edge, the peripheral portion being unfoldable about the fold line to close and expand the peripheral portion. See MPEP 2114 and 2115.
As to claim 4, Dunn as incorporated discloses wherein a pressure within the bag is approximately zero (see page 3, lines 13-15, disclosing “In this example the bag is rectangular in plan having a generally uniform thickness determined by the flexibility of the bag and the loose cementitious grout contained within it.” As the grout is “loose”, the pressure would be approximately zero).
As to claim 5, Dunn as incorporated discloses wherein one or more of the sealed openings has a heat seal. See claim 3, reciting “wherein the envelope is a bag partially filled with said gettable material and closed by stitching or welding.” See also claim 4, disclosing “wherein the zone in which nil or minimal gettable material is contained is formed by zonal stitching or welding together of superimposed surfaces of the envelope.”
As to claim 6, Eto discloses a liquid shim (variable pad 220) wherein the bag comprises a peripheral portion extending inwardly into the bag from one of the side edges toward a fold line, the peripheral portion being folded about the fold line and temporarily attached to one of the first and second side walls.
See the translation, disclosing:
Between the rail 200 and the tie plate 204, a track pad 218 and a variable pad 220, which are made of an elastic plate and serve as a buffer when the train travels, are inserted.
Inside the variable pad 220, a mixed liquid of a main liquid and a hardener liquid of a reaction curable resin is injected, and then this is hardened.
The variable pad 220 is increased in thickness by expansion according to the injection amount of the mixed liquid, and the rail 200 is held at an appropriate height and level together with the track pad 218 by appropriately adjusting the thickness.
See also Figure 23, marked up below:
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Alternatively, Dunn as incorporated also discloses wherein the bag comprises a first wall, a second wall spaced apart from the first wall, and side edges joining the first and second walls, the first wall, the second wall, and the side edges delimiting the closed inner volume of the bag, the sealed openings joining the first and second walls and the holes extending through the first and second walls. See for example Figure 1. Additionally, see page 5, line 7, disclosing “The shape of the envelope or bag may be selected according to the shape and lateral dimension of the foot 19 or the plate 23. It may be other than rectangular and may for example be circular in plan where the foot 19 is a circular flange. Triangular, or indeed any other shape may be adopted.”
As to claim 8, Eto discloses a liquid shim (variable pad 220) which is able to be used wherein the closed inner volume has a first value upon the peripheral portion being folded about the fold line, and the closed inner volume has a second value greater than the first value upon the peripheral portion being unfolded about the fold line.
See the translation, disclosing:
Between the rail 200 and the tie plate 204, a track pad 218 and a variable pad 220, which are made of an elastic plate and serve as a buffer when the train travels, are inserted.
Inside the variable pad 220, a mixed liquid of a main liquid and a hardener liquid of a reaction curable resin is injected, and then this is hardened.
The variable pad 220 is increased in thickness by expansion according to the injection amount of the mixed liquid, and the rail 200 is held at an appropriate height and level together with the track pad 218 by appropriately adjusting the thickness.
See also Figure 23, marked up below:
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Alternatively, Dunn as incorporated is capable of being used wherein the closed inner volume has a first value upon the peripheral portion being folded about the fold line, and the closed inner volume has a second value greater than the first value upon the peripheral portion being unfolded about the fold line. See MPEP 2114 and 2115.
As to claim 36, Eto and Havelock as combined make obvious wherein the bag is air-tight such that air, fluids, and solids from outside of the bag are prevented from entering the inner volume.
Similarly, Eto discloses that “the bag being resistant to liquid escape”, which would result in wherein the bag is air-tight such that air, fluids, and solids from outside of the bag are prevented from entering the inner volume. See the translation, disclosing:
In this case, even if a downward pressing force from the rail is applied, even if the liquid cannot move to one of the liquid escape parts on both sides, the one of the liquid escape parts in the large bag part Thus, the bag body itself (large bag) can be prevented from being ruptured by the downward pressing force from the rail.
Alternatively, Havelock discloses and makes obvious wherein the bag is non-porous which would result in wherein the bag is air-tight such that air, fluids, and solids from outside of the bag are prevented from entering the inner volume. See page 2, lines 36-67, disclosing:
As illustrated in the drawing, a machine base plate 1 is supported above a support such as a concrete raft 2 by chocks 3 only one of which is shown by way of example, to provide a space 4 between the base plate 1 and raft 2. Within the space 4, a plurality of mounting pads can be provided by means of a U-shaped metal wall 5 which is inserted into one end of a bag 6 containing an epoxy resin so as to be wholly within a porous neck 7 of a bag 6 (indicated by crossed hatching, this part of the bag may be of woven textile material while the remainder of the bag 6 is preferably non-porous, having for example a film of polyvinyl chloride or polyethylene bag 12 for example over the same woven substrate. The resin is squeezed from the main part of bag 6 for example by rolling the bag up from the end of roller 13 into the neck part within the U-shaped forming piece 3.Air from the space within the space within the U-shaped wall is expelled through the pores of the porous part 7 of the bag as the resin enters the space. When the resin has been squeezed out of the bag 6, the rolled up bag may be left in place, or alternatively trimmed off after the the resin has set. After the resin has cured, up to two days later, the chocks 3 can be knocked out and the machine base supported directly by the pads of resin. The remainder of the space 4 may if desired be filled with further vibration dampening material such as foam rubber to inhibit among other phenomena noise resonance.
Havelock also teaches that this arrangement is beneficial to damp vibrations and reduce the risk of failure. See page 2, lines 90-96, disclosing:
The resin pad not only provides a vibration dampening pad between the machine base 1 and the raft or other support structure, but in the embodiment illustrated serves to damp any vibrations arising in the bolt with consequent reduced risk of failure of the bolt due for example to vibration induced shearing.
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the filing of the invention to have utilized wherein the bag is air-tight such that air, fluids, and solids from outside of the bag are prevented from entering the inner volume as in Havelock in order to damp any vibrations arising in the bolt with consequent reduced risk of failure of the bolt due for example to vibration induced shearing.
As to claim 37, Eto does not disclose sealed openings, and thus does not disclose wherein each of the sealed openings has a circular edge defining the respective hole.
However, Dunn discloses and/or makes obvious wherein each of the sealed openings has a circular edge defining the respective hole. See page 3, line 9 to page 4, line 2 (reprinted again below), disclosing:
Referring now to the drawings, an envelope 10 of a porous material is formed into a bag and partially filled with an uncured cement grout. The bag may be closed as indicated at 11 by stitching, welding or other fastening.
In this example the bag is rectangular in plan having a generally uniform thickness determined by the flexibility of the bag and the loose cementitious grout contained within it.
Centrally of the envelope or bag (in plan) there is a zone 12 where the opposed faces of the envelope are stitched or welded together such that they contain, between them, none of the cementitious material, or only a minimal amount thereof. Thus, the bag has the appearance of a buttoned cushion where the central region is depressed with respect to the remainder of the bag.
Referring now to Fig. 2 it is to be assumed, in this example, that there exists an embedded anchor 15 which may be in the form of a screw pile having a threaded rod 16 at its upper end and exposed above the surface 17 of the surrounding ground. It is intended, in this example, to mount an upright structure 18 which could be the leg of a mast, having a flanged foot 19 welded thereto, on the screw pile 15. In accordance with the invention, the zone 12 of the bag 10 is slit using a sharp knife or the like and the bag is subsequently placed over the threaded rod 16 such that the rod protrudes through the zone 12. Preferably, the slit is only just large enough to receive the rod 16 and should not extend into the area of the bag containing the cementitious grout, illustrated at 20 in Fig. 2.
See Figures 1, 2, and 3, below:
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Figure 1 shows a zone 12 such that the sealed openings has a circular edge defining the respective hole. In any event, Figure 1 shows a sealed opening that appears circular to a person of ordinary skill in the art; additionally, the threaded rod would have also suggested a circular cross section shape as a person of ordinary skill in the art would appreciate that a threaded rod has a circular cross section. Additionally, changes in shape is often obvious, and a person of ordinary skill in the art viewing Figure 1 would appreciate that the shape, if not perceived as circular, could be changed to a circular edge. MPEP 2144.04.Therefore, Dunn would also make obvious that the sealed openings has a circular edge defining the respective hole;
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the filing of the invention to have utilized wherein each of the sealed openings has a circular edge defining the respective hole as taught by Dunn in order enable mounting on structures such as threaded rods which have a circular cross section.
As to claim 38, Eto is capable of being used wherein the peripheral portion is configured to expand to increase the closed inner volume without rupturing any portion of the bag. See the translation, disclosing:
In this case, even if a downward pressing force from the rail is applied, even if the liquid cannot move to one of the liquid escape parts on both sides, the one of the liquid escape parts in the large bag part Thus, the bag body itself (large bag) can be prevented from being ruptured by the downward pressing force from the rail.
As to claim 40, Eto discloses a shim assembly comprising the liquid shim.
Eto only discloses portions of the features of the liquid shim of claim 1. Eto also does not disclose a fastener extending through one of the holes and tightened to compress the liquid shim material, wherein all of the liquid shim material remains contained in the non-porous bag.
As to liquid shim of claim 1, Eto discloses a liquid shim, comprising:
a bag (bag body 36) defining a closed inner volume, the bag being configured to fully contain the liquid shim material (“reaction curable resin” and “hardener”); and
a liquid shim material being flowable through the closed inner volume and being curable to form a solid, the liquid shim material having a liquid shim material volume being less than the closed inner volume of the bag. See the translation, disclosing:
claim 1 relates to a variable pad, and between the rail and rail support such as a tie plate, a track pad made of an elastic plate made of rubber or the like that acts as a cushioning material when the railway vehicle is running is provided. The variable pad is inserted together with the track pad, and the thickness is adjusted so as to fill a gap between the track pad and the rail, and the bag body is filled with a liquid of a reactive curable resin, The bag body formed of a flexible sheet is provided with first and second bag portions independent from each other, and a partition portion for partitioning between the first bag portion and the second bag portion. The primary bag of the reaction curable resin is sealed in the first bag portion, the hardener solution is sealed in the second bag portion, and the partition portion is a semi-adhesive weak seal portion. And added to at least one of the first bag portion and the second bag portion. The first bag portion and the second bag portion are connected to each other by a pressure to form a large bag portion, and the main agent liquid and the curing agent liquid can be mixed, In addition, the total amount of the main agent liquid and the curing agent liquid is more than the amount necessary to fill the gap, and a liquid escape portion is provided outward in the rail longitudinal direction with respect to the large bag portion. The liquid relief portion and the large bag portion are connected by a liquid passage whose passage width is smaller than the dimension in the rail width direction of the large bag portion, and before the downward pressing force is applied from the rail, the liquid There is provided a semi-adhesive weak seal portion that prevents the movement of the liquid to the liquid escape portion through the passage while allowing the liquid to move from the large bag portion to the liquid escape portion by being peeled off by the action of the pressing force. It is characterized by being.
…
In this case, even if a downward pressing force from the rail is applied, even if the liquid cannot move to one of the liquid escape parts on both sides, the one of the liquid escape parts in the large bag part Thus, the bag body itself (large bag) can be prevented from being ruptured by the downward pressing force from the rail.
Eto suggests that the bag is non-porous as it can be prevented from rupturing, but does not explicitly recite that the bag is non-porous. Eto does disclose that “In this embodiment, a composite material of PET (polyethylene terephthalate) and LLDPE (linear low density polyethylene) is used as the resin sheet.”) Both PET (polyethylene terephthalate) and LLDPE (linear low density polyethylene) are non-porous materials and used for applications where barrier properties are need. Eto also does not disclose having sealed openings spaced inwardly from a periphery of the bag, the sealed opening being sealed from the closed inner volume and delimiting holes extending through the bag.
In any event, Havelock discloses and makes obvious wherein the bag is non-porous and the bag being configured to fully contain the liquid shim material. See page 2, lines 36-67, disclosing:
As illustrated in the drawing, a machine base plate 1 is supported above a support such as a concrete raft 2 by chocks 3 only one of which is shown by way of example, to provide a space 4 between the base plate 1 and raft 2. Within the space 4, a plurality of mounting pads can be provided by means of a U-shaped metal wall 5 which is inserted into one end of a bag 6 containing an epoxy resin so as to be wholly within a porous neck 7 of a bag 6 (indicated by crossed hatching, this part of the bag may be of woven textile material while the remainder of the bag 6 is preferably non-porous, having for example a film of polyvinyl chloride or polyethylene bag 12 for example over the same woven substrate. The resin is squeezed from the main part of bag 6 for example by rolling the bag up from the end of roller 13 into the neck part within the U-shaped forming piece 3.Air from the space within the space within the U-shaped wall is expelled through the pores of the porous part 7 of the bag as the resin enters the space. When the resin has been squeezed out of the bag 6, the rolled up bag may be left in place, or alternatively trimmed off after the the resin has set. After the resin has cured, up to two days later, the chocks 3 can be knocked out and the machine base supported directly by the pads of resin. The remainder of the space 4 may if desired be filled with further vibration dampening material such as foam rubber to inhibit among other phenomena noise resonance.
Havelock also teaches that this arrangement is beneficial to damp vibrations and reduce the risk of failure. See page 2, lines 90-96, disclosing:
The resin pad not only provides a vibration dampening pad between the machine base 1 and the raft or other support structure, but in the embodiment illustrated serves to damp any vibrations arising in the bolt with consequent reduced risk of failure of the bolt due for example to vibration induced shearing.
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the filing of the invention to have utilized wherein the bag is non-porous as in Havelock in order to damp any vibrations arising in the bolt with consequent reduced risk of failure of the bolt due for example to vibration induced shearing.
Dunn discloses disclose having sealed openings spaced inwardly from a periphery of the bag, the sealed opening being sealed from the closed inner volume and delimiting holes extending through the bag. Dunn teaches many of the limitations of claim 1, including a liquid shim, comprising: a bag (“envelope 10”) defining a closed inner volume and having sealed openings spaced inwardly from a periphery of the bag (see zone 12), the sealed openings being sealed from the closed inner volume and delimiting holes extending through the bag (“the zone 12 of the bag 10 is slit using a sharp knife or the like and the bag is subsequently placed over the threaded rod 16 such that the rod protrudes through the zone 12.”), the bag being configured to fully contain the liquid shim material and maintain the integrity of the sealed openings when the bag is deformed under pressure; and a liquid shim material (“loose cementitious grout”) being flowable through the closed inner volume around the sealed openings and being curable to form a solid, the liquid shim material having a liquid shim material volume being less than the closed inner volume of the bag. Dunn also discloses a fastener extending through one of the holes and tightened to compress the liquid shim material, wherein all of the liquid shim material remains contained in the non-porous bag.
See page 3, line 9 to page 5, line 10, disclosing:
Referring now to the drawings, an envelope 10 of a porous material is formed into a bag and partially filled with an uncured cement grout. The bag may be closed as indicated at 11 by stitching, welding or other fastening.
In this example the bag is rectangular in plan having a generally uniform thickness determined by the flexibility of the bag and the loose cementitious grout contained within it.
Centrally of the envelope or bag (in plan) there is a zone 12 where the opposed faces of the envelope are stitched or welded together such that they contain, between them, none of the cementitious material, or only a minimal amount thereof. Thus, the bag has the appearance of a buttoned cushion where the central region is depressed with respect to the remainder of the bag.
Referring now to Fig. 2 it is to be assumed, in this example, that there exists an embedded anchor 15 which may be in the form of a screw pile having a threaded rod 16 at its upper end and exposed above the surface 17 of the surrounding ground. It is intended, in this example, to mount an upright structure 18 which could be the leg of a mast, having a flanged foot 19 welded thereto, on the screw pile 15. In accordance with the invention, the zone 12 of the bag 10 is slit using a sharp knife or the like and the bag is subsequently placed over the threaded rod 16 such that the rod protrudes through the zone 12. Preferably, the slit is only just large enough to receive the rod 16 and should not extend into the area of the bag containing the cementitious grout, illustrated at 20 in Fig. 2.
If necessary, the bag may be pre-soaked in water for a short period, which may typically be between a few seconds and a few minutes, sufficient to allow water to permeate through the material of the bag thus to be absorbed by the cementitious grout.
Once the structure is mounted on the ground anchor it is tightened down by a nut 21 applied to the threaded rod 16. This has the effect of depressing the bag 10 so that it accommodates the unevenness or sloping angle of the ground, but the bag retains the grout thus avoiding the need for conventional shattering.
It is expected that applying a load to the bag in this way will cause the cementitious grout to be forced into the zone 12 around the threaded rod 16 and thus form a seal around it when the grout is cured.
Referring now to Fig. 3, it will be seen that such a bag may be used against a vertical surface 22 thus to attach a plate 23 or the like to an embedded anchor 24. The containment of the grout by the bag 10 is of particular advantage in this example since, conventionally the grout would require shattering to prevent it from running out from between the surface 22 and the plate 23.
The grout to be used is preferably one which is cured by the addition of water and may include grouts which expand on curing. Some grouts require only a little water whilst others require a considerable volume, and the grout will be selected according to the application.
In effect, the grout contained within the envelope forms a grout pad which is found to bear the same load transfer as grout placed within shattering in the conventional manner. The advantage to be gained from use of such a grout pad is that it is convenient for storage and transportation; it can be placed readily over the ground anchor; and it avoids the need for shattering which would have to be assembled and then removed later. Furthermore, the containment of the grout within the envelope offers some inherent support before the grout is set thus making it easier to use on sloping ground.
The shape of the envelope or bag may be selected according to the shape and lateral dimension of the foot 19 or the plate 23. It may be other than rectangular and may for example be circular in plan where the foot 19 is a circular flange. Triangular, or indeed any other shape may be adopted.
See Figures 1, 2, and 3, below:
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Therefore, it would have been obvious to one of ordinary skill in the art at the time of the filing of the invention to have utilized wherein having sealed openings spaced inwardly from a periphery of the bag, the sealed opening being sealed from the closed inner volume and delimiting holes extending through the bag, and a fastener extending through one of the holes and tightened to compress the liquid shim material, wherein all of the liquid shim material remains contained in the non-porous bag as taught by Dunn in order enable mounting on structures such as threaded rods.
Claim(s) 39 is/are rejected under 35 U.S.C. 103 as being unpatentable over Eto (JP 2008248560 A), and further in view of Havelock (GB 2099115 A) and Dunn (GB 2413164 A) as applied to claims 1-6, 8, 36-38 and 40 above, and further in view of Zook (US 20210252830 A1).
As to claim 39, Eto does not disclose wherein the bag is formed of a transparent material configured to allow visual inspection of the liquid shim material within the closed inner volume.
However, Zook makes obvious wherein the bag is formed of a transparent material configured to allow visual inspection of the liquid shim material within the closed inner volume. Zook teaches that the surrounding films of a shim can be made of transparent materials (i.e., transparent to actinic radiation), and the shim can be made of a liquid curable composition such as an epoxy composition or two component epoxy composition. See paragraph 0031, disclosing “In some embodiments it may be desirable to make first release film 102 and second release film 104 from materials that are fully, or at least partially, transparent to actinic radiation.”, paragraph 0039, disclosing “Curable composition 110 can also include an epoxy composition. In some embodiments, curable composition 110 can be a two-part composition, the first part of the two-part composition including at least a polythiol and the second part of the two-part composition including an unsaturated compound having at least two non-aromatic carbon-carbon double bonds, at least one carbon-carbon triple bond, or a combination thereof.” and paragraph 0104, disclosing “Either of first adhesive layer 112, second adhesive layer 114, or both can be at least partially transparent to actinic radiation.” Figure 3 shows an arrangement in the form of a bag or pouch, see paragraph 0107, disclosing “Shim pattern 100B, forms a bag or pouch that at least partially encloses curable composition 110. First end 106 and second end 108 of shim pattern 100B are joined to each other to create the bag.”, and Figures 4-5 show a method which compresses such a bang or pouch. Paragraph 0121 discloses that the material placed can be cured and left in place. See paragraph 0121, disclosing “Alternatively, any of shim patterns 100, 100A, or 100B can be cured in the gap and left in place. Thus, the cured shim pattern can become the final shim.”. See Figures 1, 2, 3, 4 and 5 showing the shim arrangement:
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Therefore, it would have been obvious to one of ordinary skill in the art at the time of the filing of the invention to have utilized wherein the bag is formed of a transparent material configured to allow visual inspection of the liquid shim material within the closed inner volume in order ensure transparency to actinic radiation and enable the shim pattern to be cured in the gap and left in place.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GEORGE R KOCH whose telephone number is (571)272-5807. The examiner can also be reached by E-mail at george.koch@uspto.gov if the applicant grants written authorization for e-mails. Authorization can be granted by filling out
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/GEORGE R KOCH/Primary Examiner, Art Unit 1745
GRK