DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-5, 7-8 and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Crumpler US3318622 (hereinafter, Crumpler).
Regarding claim 1, An anchor assembly 10 for receiving a fixing member 16, the
assembly comprising:
a shell 70 with a substrate engagement surface (external surface of the shell 70 is considered a substrate engagement surface),
the shell defining a passage (see central passage configured to receive spring 90 and nut 54) configured to receive the fixing member, the passage extending from a trailing edge end 72 of the shell towards a leading edge end (opposite to trailing end 72) of the shell along an alignment axis; and
an engagement member 54 and a resilient member 90 located in the passage (see Figs. 1-2),
the resilient member defining a through passage for the fixing member to extend
therethrough to engage with the engagement member (see central passage of spring 90 for receiving bolt 16),
the engagement between the engagement member and the fixing member being
such that the engagement member is configured to travel along the fixing member (see Figs. 1-2 and column 3, lines 25-33),
the engagement member and the passage being configured so that the engagement
member is moveable along the passage (see Figs. 1-2),
the resilient member located between the engagement member 54 and the trailing
edge end 72 of the shell,
the resilient member through passage extending between a first end and a second
end of the resilient member (see spring 90 extending from its one end to other end), the first end located between the second end and the trailing edge end of the shell (see Fig. 2), and
the first end of the resilient member being mounted in the passage such that the
first end is fixed relative to the passage and such that the second end of the resilient member is moveable with the engagement member 54, and relative to the first end, as the engagement member
moves along the passage and travels along the fixing member (see Figs. 1-2 where the second end of the resilient member/spring 94 is moveable with the engagement member 54. Further, see column 3, lines 1-8).
Regarding claim 2, Crumpler discloses an anchor assembly as claimed in claim 1 wherein the passage comprises a first region (region indicted by reference number 74) which extends from the trailing edge end 72 towards a second region (opposite end to trailing edge end 72), the second region extending from the first region towards the leading edge end (see Fig. 2), the resilient member being wider than the first region 74 such that the resilient member 90 is prevented from entering the first region (see Figs. 2-3).
Regarding claim 3, Crumpler discloses an anchor assembly as claimed in claim 2 wherein the resilient member 90 is sized to have a snug fit in the second region (see Fig. 1 showing the spring member is snug fit to the second region).
Regarding claim 4, Crumpler discloses an anchor assembly as claimed in claim 1 wherein the leading edge end (end opposite to the trailing edge end 72) is closed with an end cap 92.
Regarding claim 5, Crumpler discloses an anchor assembly as claimed in claim 1 wherein the resilient member 90 comprises an outer guide surface (outer surface of the spring coil is considered outer guide surface) which extends parallel to a resilient member axis (vertical axis) defined by the resilient member through passage.
Regarding claim 7, Crumpler discloses an anchor assembly as claimed in claim 1 wherein the engagement member comprises a guide surface 58 which extends parallel to an engagement member axis (see entire guide surface 58 of the engagement member is extended from top to bottom of the engagement member in vertical direction, which is in parallel direction to an engagement member).
Regarding claim 8, Crumpler discloses an anchor assembly as claimed in claim 7 wherein
the guide surface 58 comprises a bevelled leading and/or trailing edge (see guide surface 58 having inclined surface extending vertically from top to bottom) configured to allow the engagement member to pivot relative to the alignment axis.
Regarding claim 15, Crumpler discloses a kit of parts comprising an anchor assembly as claimed
in claim 1 and a fixing member 16 configured to be received in the passage of the shell 70.
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) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Crumpler in view of Mortensen GB1337688 (hereinafter, Mortensen).
Regarding claim 6, Crumpler teaches an anchor assembly as claimed in claim 1, but fails to teach wherein at least one of the first end and second end of the resilient member comprise a bevel configured to allow the resilient member to pivot relative to the alignment axis.
However, Mortensen teaches similar anchoring device having a shell 12, 13, a fixing member 11, engagement member 24 and resilient member 51 comprising a bevel in either end (see resilient member 51 and beveled surface in either side).
It would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to have modified the resilient member in Crumpler to have similar expansion member feature with bevel portion as taught by Mortensen so the surface of the resilient member is integral with the shoulder or contact portion.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Crumpler in view of Vivier et al., US20150233409 (hereinafter, Vivier).
Regarding claim 11, Crumpler teaches and/or make obvious of the anchor assembly as claimed in claim 1, but fails to teach wherein the shell substrate engagement surface defines a longitudinally extending groove.
Vivier teaches similar expansion anchor having a shell substrate engagement surface (see external engagement surface of the shell 4 in Fig. 1) defining a longitudinally extending groove 65.
It would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to have modified the engagement surface of the shell in Crumpler to have extending groove as taught by Vivier so the grooves functions as a safety feature against unnecessary damage to the shell by increasing a circumferential surface area during installation (see claim 20).
Claim(s) 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over Crumpler in view of Vivier, in further view of Calandra, Jr. US4861197 (hereinafter, Calandra).
Regarding claim 12, Crumpler in view of Calandra teaches and/or make obvious of the anchor assembly as claimed in claim 11, but fails to teach wherein the shell substrate engagement surface is substantially cylindrical with circumferentially extending grooves provided in the substrate engagement surface.
However, Calandra teaches similar expansion assembly wherein the shell substrate in Fig. 9 discloses substrate engagement surface which is substantially cylindrical with circumferentially extending grooves 40.
It would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to have modified the sbustrate engagement surface in Crumpler to have circumferential grooves as taught by Calandra so the horizontal grooves functions as gripping portion that are operable upon expansion of shell to engage with wall of the bore hole.
Regarding claim 13, Crumpler in view of Vivier, in further view of Calandra teaches and/or make obvious of the anchor assembly as claimed in claim 12, Calandra further teaches wherein the circumferentially extending grooves 40 comprise an indentation (see gripping portion 38 and groove 40 in Fig. 1) which increases in diameter (see each gripping portion 38 has indentation increased and extending towards the trailing edge in Fig. 1) along the length of the substrate engagement surface in a direction from the leading edge end to the trailing edge end (from bottom to top in Fig. 1).
Regarding claim 14, Crumpler in view of Vivier, in further view of Calandra teaches and/or make obvious of the anchor assembly as claimed in claim 12 wherein, Calandra further teaches the longitudinally extending groove 40 extends through at least one of the circumferentially extending grooves (see slots 28 Figs. 1-2).
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Crumpler.
Regarding claim 16, A method of locating an anchor assembly according to
claim 1 in a substrate, comprising:
providing a hole in the substrate;
inserting the anchor assembly into the hole entering the fixing member into the shell so that the fixing member extends through the passage and the resilient member and engages with the engagement member;
drawing the engagement member along the fixing member to compress the resilient
member and thereby tighten the fixing member relative to the shell.
It is the examiner’s position that Figs. 1-2 and claims 1-2 teaches and/or make obvious of the method steps here. Please refer to figures and method of locating assembly as disclosed in claims 1-2. Also, please refer to OPERATION section in column 3-4 where method steps are disclosed in detail.
Response to Arguments
Applicant’s arguments with respect to the claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DIL K MAGAR whose telephone number is (571)272-8180. The examiner can normally be reached M-F 7:30-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christine Mills can be reached at (571) 272-8322. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DIL K. MAGAR/Examiner, Art Unit 3675
/CHRISTINE M MILLS/Supervisory Patent Examiner, Art Unit 3675
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