DETAILED ACTION
In response to remarks filed on 6 April 2026
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 6 April 2026 has been entered.
Status of Claims
Claims 16-25, 27-33 and 37-40 are pending;
Claim 17 are currently amended;
Claims 16, 18-25 and 27-33 were previously presented;
Claims 1-15, 26 and 34-36 are cancelled;
Claims 37-40 are new;
Claims 16-25, 27-33 and 37-40 are rejected herein.
Response to Arguments
Applicant’s arguments filed on 6 April 2026 have been fully considered and they are not persuasive. The term “interlocking engagement” is broad and can be defined as “join with one another”. Elements 32 of each the main structure and support element are joined/connected/secured together as per the disclosure which states “two wire members 28 and 30 welded or otherwise secured together at 32 in transverse relation” so the connection can be welded but also can have other types of connections. The claim limitation states “for interlocking engagement with one another and for permitting relative movement between the main structure and the at least one support member during assembly on the mattress structure and into the three-dimensional bracing tie structure”. In the exemplary case that a weld is placed at 32, before welding and during assembly the elements are capable of pivoting with respect to each other at 32 while engaged with one another at 32. However, the disclosure leaves this connection open ended with “or otherwise secured together”. The elements, for example, can be tied which would also permit relative movement between the main structure and the at least one support member. The lack of structural features regarding this connection allows the examiner to interpret the connection broadly.
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 16-22 and 33 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Awbrey (U.S. Patent No. 2,349,399).
As to Claim 16, Awbrey discloses a free-standing bracing tie (28, 30) for reinforcing a mattress structure constructed with a metal mesh and intended for civil protection works, the bracing tie comprising:
A main structure (30) having a lower portion (54) for connection to a base sheet of mesh of the mattress structure and an upper portion (Horizontal portion between 50 and 52) for connection to a covering sheet of mesh of the mattress structure, the lower portion and the upper portion being connected to each other by one or more bracing tie branches (50, 52) located in a main plane of the main structure; and
At least one support member (28) being connected to the main structure (30) and extending out of the main plane so as to produce a generally three-dimensional bracing tie structure which is capable of remaining standing alone, the main structure (30) and the at least one support member (28) each comprising connecting portions (Portions at 32) configured for interlocking engagement with one another and for permitting relative movement between the main structure (30) and the at least one support member (32) during assembly on the mattress structure and into the three-dimensional bracing tie structure.
As to Claim 17, Awbrey discloses the invention of Claim 16 (Refer to Claim 16 discussion). Awbrey also discloses wherein the connecting portions (Portions at 32) of the at least one support member (28) and the main structure (30) are configured to interconnect the at least one support member to the main structure in an articulated manner such that the at least one support member is foldable or flattenable into the main plane for storage or transport of the bracing tie while remaining connected to the at least one support member (The support structure and member are wires which are capable of being foldable and flattenable).
As to Claim 18, Awbrey discloses the invention of Claim 16 (Refer to Claim 16 discussion). Awbrey also discloses wherein the main structure (30) comprises a single folded metal wire.
As to Claim 19, Awbrey discloses the invention of Claim 16 (Refer to Claim 16 discussion). Awbrey also discloses wherein the upper portion (Horizontal portion between 50 and 52) comprises a substantially rectilinear portion including at least one loop, eyelet or curved member (Portion at 32) for connecting the main structure (30) to the covering sheet of mesh of the mattress structure and/or comprising the connecting portion (Portion at 32) of the main structure for connecting the at least one support member (28) thereto.
As to Claim 20, Awbrey discloses the invention of Claim 16 (Refer to Claim 16 discussion). Awbrey also discloses wherein the lower portion (54) of the main structure and/or a lower end of the at least one support member comprises at least one foot (54) configured as a hook member or a clasp member for engagement with the base sheet of mesh of the mattress structure.
As to Claim 21, Awbrey discloses the invention of Claim 20 (Refer to Claim 20 discussion). Awbrey also discloses wherein the at least one foot (54) comprises a corrugated end portion folded into a loop for connection to the base sheet of the mattress structure.
As to Claim 22, Awbrey discloses the invention of Claim 16 (Refer to Claim 16 discussion). Awbrey also discloses wherein the one or more bracing tie branches (50, 52) comprises two bracing tie branches defining lateral branches of an inverted U-shaped structure of the main structure (30) or crossed branches of an X-shaped structure of the main structure.
As to Claim 33, Awbrey discloses the invention of Claim 16 (Refer to Claim 16 discussion). Awbrey also discloses wherein the connecting portions (Portions at 32) of the main structure and the at least one support member are configured for direct interlocking engagement with one another.
Claim Rejections - 35 USC § 103
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.
Claims 23-25 and 27-32 is/are rejected under 35 U.S.C. 103 as being unpatentable over Awbrey (U.S. Patent No. 2,349,399) in view of Tolliver (U.S. Patent No. 4,689,867).
As to Claim 23, Awbrey discloses a mattress structure constructed with a metal mesh and intended for civil protection works, the mattress structure comprising:
A base sheet (20);
A covering sheet (66, 68 in Figures 3 and 4) of mesh; and
A plurality of bracing ties (28, 30), each bracing tie comprising at least one support member (28) and a main structure (30) having a lower portion (54) and an upper portion (Horizontal portion between 50 and 52), the lower portion (54) of each bracing tie being connected to the base sheet (20) and the upper portion (Horizontal portion between 50 and 52) of each bracing tie being connected to the covering sheet (66, 68) of mesh, the lower portion and the upper portion being connected to each other by one or more bracing tie branches (50, 52), the one or more bracing tie branches being located in a main plane of the main structure (30), the at least one support member (28) being connected to the main structure (30) and extending out of the main plane so as to produce a generally three-dimensional bracing tie structure capable of remaining standing alone on the base sheet, the main structure (30) and the at least one support member (28) each comprising connecting portions (Portions at 32) configured for interlocking engagement with one another and for permitting relative movement between the main structure (30) and the at least one support member (28) during assembly on the base sheet and into the three-dimensional bracing tie structure.
However, Aubrey is silent about the base sheet being of mesh. Tolliver discloses a base sheet (10) of mesh and a covering sheet (41a, 44a) of mesh with a bracing tie (1A) between them. Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to make the base sheet of mesh. The motivation would have been to increase the utility of the bracing tie by allowing it to be placed in a different array of structures.
As to Claim 24, Awbrey discloses a method for positioning a mattress structure for constructing civil protection works, the method comprising the steps of (The steps recited below are capable of being performed by the structure of Awbrey):
Providing a plurality of bracing ties (28, 30) in an initial flattened configuration defining an unassembled state of the respective bracing tie, each bracing tie including at least one support member (28) and a main structure (30) having a lower portion (54) and an upper portion (Horizontal portion between 50 and 52), the lower portion and the upper portion being connected to each other by one or more bracing tie branches (50, 52) located in a main plane of the main structure (30), the main structure and the at least one support member each including connecting portions (Portions at 32) configured for interlocking engagement with one another, and the at least one support member (32) in the initial flattened configuration being folded, flattened and located in the main plane of the main structure;
Positioning a base sheet (20) of a mattress structure on a ground surface to be protected;
For each bracing tie, moving the least one support member (28) and the main structure (30) relative to one another to extend the at least one support member out of the main plane and to interlockingly engage the connecting portions (Portions at 32) with one another so as to obtain a generally three-dimensional bracing tie structure capable of remaining standing alone and so as to be oriented substantially perpendicularly to the base sheet (20);
Filling the mattress structure with a filling material (Concrete is poured as per the disclosure and that is being interpreted as a filling material); and
Covering the mattress structure with a covering sheet of mesh (66, 68) by securing the covering sheet of mesh to each bracing tie structure.
However, Aubrey is silent about the base sheet being of mesh. Tolliver discloses a base sheet (10) of mesh and a covering sheet (41a, 44a) of mesh with a bracing tie (1A) between them. Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to make the base sheet of mesh. The motivation would have been to increase the utility of the bracing tie by allowing it to be placed in a different array of structures.
As to Claim 25, Awbrey discloses a method for positioning a mattress structure for constructing civil protection works, the method comprising the steps of (The steps recited below are capable of being performed by the structure of Awbrey):
Providing a plurality of main structures (30) each having a lower portion (54) for connection to a base sheet of a mattress structure, and an upper portion (Horizontal portion between 50 and 52) for connection to a covering sheet (66, 68) of mesh of the mattress structure, the lower portion (54) and the upper portion (Horizontal portion between 50 and 52) being connected to each other by one or more bracing tie branches (50, 52) located in a main plane of the main structure (30);
Providing a separate plurality of support members (28), each of the main structures and the support members including connecting portions (Portions at 32) configured for interlocking engagement with one another;
Positioning a base sheet (20) of a mattress structure on a ground surface to be protected;
Connecting each of a number of the main structures (30) to at least one support member (28) to obtain a corresponding number of bracing ties, wherein each bracing tie comprises at least one of the support members (28) extending out of the main plane to produce a generally three-dimensional bracing tie structure capable of remaining standing alone erected on the base sheet (20), the step of connecting including moving each main structure (30) and the corresponding support member (28) relative to one another to interlockingly engage the respective connecting portions thereof and produce the three-dimensional bracing tie structure;
Filling the mattress structure with a filling material (Concrete is poured as per the disclosure and that is being interpreted as a filling material); and
Covering the mattress structure with a covering sheet (66, 68) of mesh by securing the covering sheet of mesh to the number of bracing tie structures.
However, Aubrey is silent about the base sheet being of mesh. Tolliver discloses a base sheet (10) of mesh and a covering sheet (41a, 44a) of mesh with a bracing tie (1A) between them. Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to make the base sheet of mesh. The motivation would have been to increase the utility of the bracing tie by allowing it to be placed in a different array of structures.
As to Claim 27, Awbrey as modified teaches the invention of Claim 24 (Refer to Claim 24 discussion). Awbrey as modified also teaches (The steps recited next are capable of being performed by the structure of Awbrey) further comprising the step of securing each three-dimensional bracing tie structure (28, 30) to the base sheet of mesh (via 54).
As to Claim 28, Awbrey as modified teaches the invention of Claim 27 (Refer to Claim 27 discussion). Awbrey as modified also teaches (The steps recited next are capable of being performed by the structure of Awbrey) wherein the step of securing each three-dimensional bracing tie structure to the base sheet of mesh comprises the step of securing the main structure (30) in an articulated manner to the base sheet of mesh and arranging the main structure on the base sheet of mesh (via 54) for subsequent transport of the mattress structure to an installation site.
As to Claim 29, Awbrey as modified teaches the invention of Claim 24 (Refer to Claim 24 discussion). Awbrey as modified also teaches (The steps recited next are capable of being performed by the structure of Awbrey) wherein the step of filling the mattress structure with a filling material comprises the step of filling with filling material a space defined by each three-dimensional bracing tie structure (28, 30) erected on the base sheet of mesh (via 54).
As to Claim 30, Awbrey as modified teaches the invention of Claim 25 (Refer to Claim 25 discussion). Awbrey as modified also teaches (The steps recited next are capable of being performed by the structure of Awbrey) further comprising the step of securing each bracing tie structure to the base sheet of mesh (via 54).
As to Claim 31, Awbrey as modified teaches the invention of Claim 30 (Refer to Claim 30 discussion). Awbrey as modified also teaches (The steps recited next are capable of being performed by the structure of Awbrey) wherein the step of securing each bracing tie structure to the base sheet (20) of mesh comprises the step of securing the main structure (30) in an articulated manner to the base sheet (20) of mesh and arranging the main structure (30) on the base sheet for subsequent transport of the mattress structure to an installation site.
As to Claim 32, Awbrey as modified teaches the invention of Claim 25 (Refer to Claim 25 discussion). Awbrey as modified also teaches (The steps recited next are capable of being performed by the structure of Awbrey) wherein the step of filling the mattress structure with a filling material comprises the step of filling with filling material a space defined by each three-dimensional bracing tie structure (28, 30) erected on the base sheet (20) of mesh.
Claim 37 is/are rejected under 35 U.S.C. 103 as being unpatentable over Awbrey (U.S. Patent No. 2,349,399) in view of Wilfred (U.S. Patent No. 3,277,626).
As to Claim 37, Awbrey discloses the invention of Claim 16 (Refer to Claim 16 discussion). Awbrey discloses that the “two wire members 28 and 30 welded or otherwise secured together at 32 in transverse relation” which suggests that the connection at 32 can be of different types. However, Awbrey is silent about wherein the connecting portions of the main structure and the at least one support member are configured for interlocking and clasping engagement with one another. Wilfred discloses a main structure (22a) and a support member (23a) configured for interlocking and clasping engagement (30) with one another. Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to make the connecting portions of the main structure and the at least one support member configured for interlocking and clasping engagement with one another since the substitution of one known connection for another would have yielded the predictable result of connecting the elements together.
Claims 38-40 is/are rejected under 35 U.S.C. 103 as being unpatentable over Awbrey (U.S. Patent No. 2,349,399) in view of Tolliver (U.S. Patent No. 4,689,867); and further in view of Wilfred (U.S. Patent No. 3,277,626).
As to Claim 38, Awbrey discloses the invention of Claim 23 (Refer to Claim 23 discussion). Awbrey discloses that the “two wire members 28 and 30 welded or otherwise secured together at 32 in transverse relation” which suggests that the connection at 32 can be of different types. However, Awbrey is silent about wherein the connecting portions of the main structure and the at least one support member are configured for interlocking and clasping engagement with one another. Wilfred discloses a main structure (22a) and a support member (23a) configured for interlocking and clasping engagement (30) with one another. Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to have the connecting portions of the main structure and the at least one support member configured for interlocking and clasping engagement with one another since the substitution of one known connection for another would have yielded the predictable result of connecting the elements together.
As to Claim 39, Awbrey discloses the invention of Claim 24 (Refer to Claim 24 discussion). Awbrey discloses that the “two wire members 28 and 30 welded or otherwise secured together at 32 in transverse relation” which suggests that the connection at 32 can be of different types. However, Awbrey is silent about wherein the connecting portions are configured for interlocking and clasping engagement with one another, and the method includes, for each bracing tie, moving the least one support member and the main structure relative to one another to extend the at least one support member out of the main plane and to interlockingly engage and clasp together the connecting portions with one another so as to obtain the generally three-dimensional bracing tie structure capable of remaining standing alone and so as to be oriented substantially perpendicularly to the base sheet of mesh. Wilfred discloses a main structure (22a) and a support member (23a) configured for interlocking and clasping engagement (30) with one another. Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to have the connecting portions configured for interlocking and clasping engagement with one another, and the method includes, for each bracing tie, moving the least one support member and the main structure relative to one another to extend the at least one support member out of the main plane and to interlockingly engage and clasp together the connecting portions with one another so as to obtain the generally three-dimensional bracing tie structure capable of remaining standing alone and so as to be oriented substantially perpendicularly to the base sheet of mesh since the substitution of one known connection for another would have yielded the predictable result of connecting the elements together.
As to Claim 40, Awbrey discloses the invention of Claim 25 (Refer to Claim 25 discussion). Awbrey discloses that the “two wire members 28 and 30 welded or otherwise secured together at 32 in transverse relation” which suggests that the connection at 32 can be of different types. However, Awbrey is silent about wherein each of the main structures and the support members have connecting portions configured for interlocking and clasping engagement with one another, and the step of connecting includes moving each main structure and the corresponding support member relative to one another to interlockingly engage and clasp together the respective connecting portions thereof. Wilfred discloses a main structure (22a) and a support member (23a) configured for interlocking and clasping engagement (30) with one another. Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to make each of the main structures and the support members have connecting portions configured for interlocking and clasping engagement with one another, and the step of connecting includes moving each main structure and the corresponding support member relative to one another to interlockingly engage and clasp together the respective connecting portions thereof since the substitution of one known connection for another would have yielded the predictable result of connecting the elements together.
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
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