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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 16-32 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
As to Claims 16, 19-21, 23-25, 28, 29, 30 and 32, the claims recite “mattress type”. The use of “type” makes the claim unclear as the meets and bounds of the claim cannot be determined since the term “type” is broad and indefinite. Appropriate correction is required.
As to Claim 20, the claim recites “hook-like or clasp-like”. The use of “like” makes the claim unclear as the meets and bounds of the claim cannot be determined since the term “like” is broad and indefinite. Appropriate correction is required.
The dependent claims are also rejected for depending on rejected independent claims.
Claim Rejections - 35 USC § 102
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 16-23, 25, 26 and 30-32 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tolliver (U.S. Patent No. 4,689,867).
As to Claim 16, Tolliver discloses a free-standing bracing tie (1) for reinforcing a mattress type structure constructed with a metal mesh which is intended for civil protection works, comprising a main structure (Left 21) having a lower portion (23) for connection to a base sheet (10) of mesh of the mattress type structure and an upper portion (24a) for connection to a covering sheet (41a, 44a) of mesh of the mattress type structure, the lower portion (23) and the upper portion (24a) being connected to each other by one or more bracing tie branches (21a, 22a) which are located in a main plane of the main structure, at least one support member (Right 21) being connected to the main structure and extending out of the main plane so as to produce a generally three-dimensional bracing tie structure (Figure 4) which is capable of remaining standing alone, wherein the at least one support member is connected to the main structure by hooking and/or interlocking (via 30a).
As to Claim 17, Tolliver discloses the invention of Claim 16 (Refer to Claim 16 discussion). Tolliver also discloses wherein the support member (Right 21) is connected to the main structure (Left 21) in an articulated manner so as to be able to be folded or flattened in the main plane in which the one or more bracing tie branches are located (Rods are able to be folded with sufficient force).
As to Claim 18, Tolliver discloses the invention of Claim 16 (Refer to Claim 16 discussion). Tolliver also discloses wherein the main structure (Left 21) is constructed with a single folded metal wire.
As to Claim 19, Tolliver discloses the invention of Claim 16 (Refer to Claim 16 discussion). Tolliver also discloses wherein the upper portion comprises a substantially rectilinear portion, on which there is formed at least one loop, eyelet or curved member (24a) for connecting the main structure to the covering sheet (41a, 44a) of mesh of the mattress type structure and/or for connecting the support member to the main structure.
As to Claim 20, Tolliver discloses the invention of Claim 16 (Refer to Claim 16 discussion). Tolliver also discloses wherein the lower portion of the main structure (Left 21) and/or a lower end of the support member comprises at least one foot (23a) which is configured in a hook-like or clasp-like manner in order to engage with the base sheet (10) of mesh of the mattress type structure.
As to Claim 21, Tolliver discloses the invention of Claim 20 (Refer to Claim 20 discussion). Tolliver also discloses wherein the at least one foot (23a) comprises a corrugated end portion which is folded into a loop for connection to the base sheet of the mattress type structure.
As to Claim 22, Tolliver discloses the invention of Claim 16 (Refer to Claim 16 discussion). Tolliver also discloses comprising two bracing tie branches (21a, 22a) which define lateral branches of an inverted U-shaped structure (Figure 4) or crossed branches of an X-shaped structure.
As to Claim 23, Tolliver discloses a mattress type structure constructed with a metal mesh intended for civil protection works, the mattress type structure comprising:
A base sheet (10) of mesh;
A covering sheet (41a, 44a) of mesh; and
A plurality of bracing ties (1), each bracing tie comprising at least one support member (Right 21) and a main structure (Left 21) having a lower portion (23) and an upper portion (24a), the lower portion (23) of each bracing tie being connected to the base sheet (10) of mesh and the upper portion (24a) of each bracing tie being connected the covering sheet (41a, 44a) of mesh, the lower portion and the upper portion being connected to each other by one or more bracing tie branches (21a, 22a), the bracing tie branches being located in a main plane of the main structure, the at least one support member (Right 21) being connected to the main structure (Left 21) and extending out of the main plane so as to produce a generally three-dimensional bracing tie structure (Figure 4) capable of remaining standing alone, wherein the at least one support member is connected to the main structure by hooking and/or interlocking (via 30a).
As to Claim 25, Tolliver discloses a method for positioning a mattress type structure for constructing civil protection works, comprising the steps of (The steps recited below are capable of being performed by the structure of Tolliver):
Providing a plurality of main structures (Left 21) each having a lower portion (23) for connection to a base sheet (10) of mesh of a mattress type structure, and an upper portion (24a) for connection to a covering sheet (41a, 44a) of mesh of the mattress type structure, the lower portion (23) and the upper portion (24a) being connected to each other by one or more bracing tie branches (21a, 22a) which are located in a main plane of the main structure (Left 21);
Providing a separate plurality of support members (Right 21),
Positioning a base sheet (10) of mesh of a mattress type structure on a ground surface to be protected;
Connecting each of a number of main structures (Left 21) to at least one support member (Right 21) to obtain a corresponding number of bracing ties (Figure 4), wherein each bracing tie comprises at least one of the support members (Right 21) which extends out of the main plane to produce a generally three-dimensional bracing tie structure which is capable of remaining standing alone erected on the base sheet of mesh (Figure 4);
Filling the mattress type structure with a filling material (Column 3, Lines 39-42: “A concrete reinforcement mat may be formed from criss-crossed rebar sections laid on top of one another, the rebar sections being secured together by spacers 1 or other means”); and
Covering the mattress type structure with a covering sheet (41a, 44a) of mesh by securing the covering sheet to the number of bracing tie structures (via 24a).
As to Claim 26, Tolliver discloses the invention of Claim 25 (Refer to Claim 25 discussion). Tolliver also discloses (The steps recited next are capable of being performed by the structure of Tolliver) wherein each bracing tie is produced by hooking and/or interlocking (via 30) the at least one support member to the corresponding main structure.
As to Claim 30, Tolliver discloses the invention of Claim 25 (Refer to Claim 25 discussion). Tolliver also discloses (The steps recited next are capable of being performed by the structure of Tolliver) further comprising the step of securing each bracing tie structure to the base sheet of mesh (via 23).
As to Claim 31, Tolliver discloses the invention of Claim 30 (Refer to Claim 30 discussion). Tolliver also discloses (The steps recited next are capable of being performed by the structure of Tolliver) wherein the step of securing each bracing tie structure to the base sheet (10) of mesh comprises the step of securing the main structure (Left 21) in an articulated manner to the base sheet (10) of mesh and arranging the main structure (Left 21) on the base sheet for subsequent transport of the mattress type structure to an installation site.
As to Claim 32, Tolliver discloses the invention of Claim 25 (Refer to Claim 25 discussion). Tolliver also discloses (The steps recited next are capable of being performed by the structure of Tolliver) wherein the step of filling the mattress type structure with a filling material comprises the step of filling with filling material a space (Column 3, Lines 39-42: “A concrete reinforcement mat may be formed from criss-crossed rebar sections laid on top of one another, the rebar sections being secured together by spacers 1 or other means”) defined by each three-dimensional bracing tie structure erected on the base sheet (10) of mesh.
Claims 24 and 27-29 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dietner et al (U.S. Patent No. 3,400,508).
As to Claim 24, Dietner discloses a method for positioning a mattress type structure for constructing civil protection works, comprising the steps of (The steps recited below are capable of being performed by the structure of Dietner):
Providing a plurality of bracing ties (Each pyramid in figure 3 is a bracing tie) in a flattened configuration, each bracing tie including at least one support member (L2, L4) and a main structure (R2, R4) having a lower portion (4) and an upper portion (Tip of pyramid contacting 1), the lower portion and the upper portion being connected to each other by one or more bracing tie branches (R2, R4) located in a main plane of the main structure, the at least one support member (L2, L4) being connected to the main structure (R2, R4) by hooking and/or interlocking (via 3) and the at least one support member (L2, L4) in the flattened configuration being folded and flattened in the main plane of the main structure (R2, R4);
Positioning a base sheet (FL, FR) of mesh of a mattress type structure on a ground surface to be protected;
For each bracing tie, extending the at least one support member (L2, L4) out of the main plane (L2, L4 are extended outward from the main plane to receive FL, FR) so as to obtain a bracing tie structure which is generally three-dimensional and capable of remaining standing alone and so as to rise substantially perpendicularly to the base sheet (FL, FR) of mesh;
Filling the mattress type structure with a filling material (Column 4, Lines 6-11, “Since the reinforcement of reinforced concrete structural units must be provided with a layer of concrete of a certain thickness according to specification, the height of the spacers formed in this way may be chosen according to requirements by a suitable selection of the bending points of the lower diagonal end parts”); and covering the mattress type structure with a covering sheet (1) of mesh by securing the covering sheet to each bracing tie structure.
As to Claim 27, Dietner discloses the invention of Claim 25 (Refer to Claim 24 discussion). Dietner also discloses (The steps recited next are capable of being performed by the structure of Dietner) further comprising the step of securing each bracing tie structure (via 4) to the base sheet (FL, FR) of mesh.
As to Claim 28, Dietner discloses the invention of Claim 27 (Refer to Claim 27 discussion). Dietner also discloses (The steps recited next are capable of being performed by the structure of Dietner) wherein the step of securing each bracing tie structure to the base sheet of mesh comprises the step of securing (via 4) the main structure (R2, R4) in an articulated manner to the base sheet (FL, FR) of mesh and arranging the main structure on the base sheet for subsequent transport of the mattress type structure to an installation site.
As to Claim 29, Dietner discloses the invention of Claim 25 (Refer to Claim 24 discussion). Dietner also discloses (The steps recited next are capable of being performed by the structure of Dietner) wherein the step of filling the mattress type structure with a filling material comprises the step of filling with filling material a space defined by each three-dimensional bracing tie (Each pyramid in figure 3 is a bracing tie) structure erected on the base sheet of mesh (Column 4, Lines 6-11, “Since the reinforcement of reinforced concrete structural units must be provided with a layer of concrete of a certain thickness according to specification, the height of the spacers formed in this way may be chosen according to requirements by a suitable selection of the bending points of the lower diagonal end parts”).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EDWIN J TOLEDO-DURAN whose telephone number is (571)270-7501. The examiner can normally be reached Monday through Friday: 10:00AM to 6:00PM EST.
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/EDWIN J TOLEDO-DURAN/Primary Examiner, Art Unit 3678