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 .
Status of Claims
Claims 1-20 as filed on 06/17/2026 are pending and herewith considered as indicated below.
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 1-20 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.
In regards to Claims 1-9, “the apparatus” as used throughout lacks proper antecedent basis. It appears “the apparatus” is intended to recite “the haunch height adjustment apparatus”.
In regards to Claims 10-20, “the system” as used throughout lacks proper antecedent basis. It appears “the system” is intended to recite “the haunch height adjustment system”.
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.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Brodowski et al. (US 10801198 B2)(Herein Brodowski) in view of Brodowski et al. (US 10801198 B2)(Herein Brodowski (Secondary Embodiment)) and Schmid (US 20240410188 A1)
In regards to Claim 1, Brodowski discloses
A haunch height adjustment apparatus (42) [Figs 3A and 3B], the apparatus (42) [Figs 3A and 3B] comprising:
a support angle [Unnumbered, Fig 3A] (see examiners comments), the support angle [Unnumbered, Fig 3A] (see examiners comments) comprising a horizontal portion [Unnumbered, Fig 1B] (see examiners comments) and a vertical portion [Unnumbered, Fig 1B] (see examiners comments),
a rod (47) [Fig 3B] or bar, wherein at least ends of the rod (47) [Fig 3B] or bar are threaded [“coil rod” known in the art to be threaded] ;
However, Brodowski fails to disclose,
wherein the vertical portion includes a plurality of position adjustment holes wherein each hole of the plurality of position adjustment holes is spaced apart from each other position adjustment hole of the plurality of the position adjustment holes;
a coupler, wherein the coupler includes an internal threading; and
a bolt, wherein the bolt is configured to extend through one of the plurality of position adjustment holes in the support angle and into a portion of the coupler.
Furthermore, Brodowski (Secondary embodiment) discloses
a coupler (34) [Fig 2B], wherein the coupler (34) [Fig 2B] includes an internal threading [See Col 2, Lines 65-67];
a bolt (28) [Fig 1b][Col 5, Line 33]
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus for adjusting a haunch height as disclosed by Brodowski to include a coupler, wherein the coupler includes an internal threading; and a bolt as disclosed by Brodowski (Secondary Embodiment). When modified, the coupler allows for a fastening mechanism for the rod. Additionally, the bolt as intended enacts the capabilities of a securing mechanism.
Furthermore, Schmid discloses
wherein the vertical portion [Unnumbered, Fig 1B, Brodowski] (see examiners comments) includes a plurality of position adjustment holes (322a) [Fig 4] [0072 disclosing position adjustment holes “one or more pins or bolts 326 can be inserted into the corresponding holes such that the entire construction element 320 can be raised or lowered via the pins or bolts 326”] spaced apart from each other [Fig 4, Showing Spaced];
a bolt (326) [Fig 4], wherein the bolt (326) [Fig 4] is configured to extend through [Fig 4] [0072] one of the plurality of position adjustment holes (322a) [Fig 4] [0072 disclosing position adjustment holes “one or more pins or bolts 326 can be inserted into the corresponding holes such that the entire construction element 320 can be raised or lowered via the pins or bolts 326”] in the support angle [Unnumbered, Fig 3A] (see examiners comments, Brodowski) and into a portion of the coupler (34, Brodowski (Secondary embodiment)) [Fig 2B].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus for adjusting a haunch height as disclosed by Brodowski to include wherein the vertical portion includes a plurality of position adjustment holes wherein each hole of the plurality of position adjustment holes is spaced apart from each other position adjustment hole of the plurality of the position adjustment holes and a bolt is configured to extend through one of the plurality of position adjustment holes in the support angle and into a portion of the coupler as disclosed by Schmid. When modified, the bolt allows for facilitating attachment between the coupler, whereas the coupler intends to be a medium between the rod and bolt. Further securing the rod, coupler and bolt in junction. Additionally, the plurality of position adjustment holes allows for facilitating alignment as intended in the field.
Examiners Interpretation: As disclosed by Schmid [0072] “As shown, the construction element 320 can define a plurality of holes 322a on a first side 324a that align with corresponding holes 322b on the second side 324b. In this regard, one or more pins or bolts 326 can be inserted into the corresponding holes such that the entire construction element 320 can be raised or lowered via the pins or bolts 326.” Schmid discloses the ability of position adjustment.
In regards to Claim 2, Brodowski as modified discloses the apparatus (42) [Figs 3A and 3B] of claim 1. Schmid discloses wherein the plurality of position adjustment holes (322a, 322b) [Fig 4] [0072 disclosing position adjustment holes “one or more pins or bolts 326 can be inserted into the corresponding holes such that the entire construction element 320 can be raised or lowered via the pins or bolts 326”] are spaced apart vertically [Fig 4, Shown Vertically].
In regards to Claim 3, Brodowski as modified discloses the apparatus (42) [Figs 3A and 3B] of claim 2. Schmid discloses wherein the plurality of position adjustment holes (322a, 322b) [Fig 4] [0072 disclosing position adjustment holes “one or more pins or bolts 326 can be inserted into the corresponding holes such that the entire construction element 320 can be raised or lowered via the pins or bolts 326”] are arranged in a plurality of columns [Fig 4, Showing Multiple Columns] .
In regards to Claim 4, Brodowski discloses the apparatus (42) [Figs 3A and 3B] of claim 1. Schmid discloses wherein the plurality of position adjustment holes (322a, 322b) [Fig 4] [0072 disclosing position adjustment holes “one or more pins or bolts 326 can be inserted into the corresponding holes such that the entire construction element 320 can be raised or lowered via the pins or bolts 326”] are arranged diagonally [Fig 4, Showing Diagonally].
In regards to Claim 5, Brodowski discloses the apparatus (42) [Figs 3A and 3B] of claim 1, further comprising another support angle [Unnumbered, Fig 3A] (see examiners comments). However, fails to disclose another coupler, and another bolt
Furthermore, Brodowski (Secondary Embodiment) discloses another coupler (34) [Fig 2B], and another bolt (28) [Fig 1, opposite side][Col 5, Line 33]
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus for adjusting a haunch height as disclosed by Brodowski to include another coupler and bolt as disclosed by Brodowski (Secondary Embodiment). When modified, the coupler and bolt allows for a fastening mechanism for the rod.
In regards to Claim 6, Brodowski discloses the apparatus (42) [Figs 3A and 3B] of claim 1, further comprising a clip angle [Unnumbered, Fig 3B] (see examiners comments). However, fails to disclose another coupler, and another bolt.
Furthermore, Brodowski (Secondary Embodiment) discloses another coupler (34) [Fig 2B], and another bolt (28) [Fig 1, opposite side][Col 5, Line 33]
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus for adjusting a haunch height as disclosed by Brodowski to include another coupler and bolt as disclosed by Brodowski (Secondary Embodiment). When modified, the coupler and bolt allows for a fastening mechanism for the rod.
In regards to Claim 7, Brodowski discloses the apparatus (42) [Figs 3A and 3B] of claim 1, further comprising a deck form (29) [Fig 3B] [See Col 1, Line 20-21] coupled to or positioned [Fig 3B, Showing positioned] on a portion of the horizontal portion [Unnumbered, Fig 1B] (see examiners comments) of the support angle [Unnumbered, Fig 3A] (see examiners comments).
In regards to Claim 8, Brodowski as modified discloses the apparatus (42) [Figs 3A and 3B] of claim 1,
Schmid discloses
wherein the height of the support angle [Unnumbered, Fig 3A, Brodowski] (see examiners comments) is adjustable [As modified, multiple holes are arranged] by repositioning the bolt (326) [Fig 4] in another position adjustment hole (322a, 322b) [Fig 4] [0072 disclosing position adjustment holes “one or more pins or bolts 326 can be inserted into the corresponding holes such that the entire construction element 320 can be raised or lowered via the pins or bolts 326”] of the plurality of position adjustment holes (322a, 322b) [Fig 4] [0072 disclosing position adjustment holes “one or more pins or bolts 326 can be inserted into the corresponding holes such that the entire construction element 320 can be raised or lowered via the pins or bolts 326”] in the support angle [Unnumbered, Fig 3A, Brodowski] (see examiners comments).
In regards to Claim 9, Brodowski as modified discloses the apparatus (42) [Figs 3A and 3B] of claim 8, wherein the height of the support angle [Unnumbered, Fig 3A] (see examiners comments) is adjustable [0072 disclosing position adjustment holes “one or more pins or bolts 326 can be inserted into the corresponding holes such that the entire construction element 320 can be raised or lowered via the pins or bolts 326”, Schmid] without a vertical rod.
Additionally, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Brodowski to remove the vertical rod element in order to facilitate movement since the function attributed to element vertical rod is not desired or required by Applicant' s invention, and in order to allow facilitating attachment and movement from the plurality of holes as modified in claim 8. It has been held that omission of an element and its function is obvious if the function of the element is not desired. See MPEP 2144.04 (II)(A); Ex parte Wu, 10 USPQ 2031. When modified, the vertical rod element would not be needed due to achieving the same functionality as the plurality of position adjustment holes as used in claim 8 above.
In regards to Claim 10, Brodowski discloses
A haunch height adjustment (42) [Figs 3A and 3B], the system (42) [Figs 3A and 3B] comprising:
a support angle [Unnumbered, Fig 3A] (see examiners comments) , the support angle [Unnumbered, Fig 3A] (see examiners comments) comprising a horizontal portion [Unnumbered, Fig 3A] (see examiners comments) and a vertical portion [Unnumbered, Fig 3A] (see examiners comments)
a rod (47) [Fig 3B] or bar, wherein at least ends of the rod (47) [Fig 3B] or bar are threaded [“coil rod” known in the art to be threaded];
However, fails to disclose
wherein the vertical portion includes a plurality of position adjustment holes spaced apart and positioned at different heights on the vertical portion
a coupler, wherein the coupler includes an internal threading; and
a bolt wherein the is configured to extend through one of the plurality of holes in the support angle and into a portion of the coupler to adjust a height of the horizontal portion of the support angle and the deck form.
Furthermore, Brodowski (Secondary embodiment) discloses
a coupler (34) [Fig 2B], wherein the coupler (34) [Fig 2B] includes an internal threading [See Col 2, Lines 65-67];
a bolt (28) [Fig 1b][Col 5, Line 33]
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus for adjusting a haunch height as disclosed by Brodowski to include a coupler, wherein the coupler includes an internal threading; and a bolt as disclosed by Brodowski (Secondary Embodiment). When modified, the coupler allows for a fastening mechanism for the rod. Additionally, the bolt as intended enacts the capabilities of a securing mechanism.
Furthermore, Schmid discloses
wherein the vertical portion [Unnumbered, Fig 1B, Brodowski] (see examiners comments) includes a plurality of position adjustment holes [0072 disclosing position adjustment holes “one or more pins or bolts 326 can be inserted into the corresponding holes such that the entire construction element 320 can be raised or lowered via the pins or bolts 326”] spaced apart and positioned at different heights [Fig 4, Showing Spaced and positioned at different heights] on the vertical portion [Unnumbered, Fig 1B, Brodowski] (see examiners comments);
a bolt (326) [Fig 4], wherein the bolt (326) [Fig 4] is configured to extend through [Fig 4] [0072] one of the plurality of position adjustment holes [0072 disclosing position adjustment holes “one or more pins or bolts 326 can be inserted into the corresponding holes such that the entire construction element 320 can be raised or lowered via the pins or bolts 326”] in the support angle [Unnumbered, Fig 3A] (see examiners comments, Brodowski) and into a portion of the coupler (34, Brodowski (Secondary embodiment)) [Fig 2B] to adjust a height of the horizontal portion [Unnumbered, Fig 3A] (see examiners comments, Brodowski) of the support angle [Unnumbered, Fig 3A] (see examiners comments, Brodowski) and the deck form (29, Brodowski) [Fig 3B] [See Col 1, Line 20-21].
In regards to Claim 11, Brodowski as modified discloses the system (42) [Figs 3A and 3B] of claim 10, wherein the support angle [Unnumbered, Fig 3A] (see examiners comments) is a first support angle [Unnumbered, Fig 3A] (see examiners comments) and wherein the system (42) [Figs 3A and 3B] further comprises a second support angle [Unnumbered, Fig 3A] (see examiners comments).
wherein heights of the horizontal portions [Unnumbered, Fig 3A] (see examiners comments) of the first and second support angles [Unnumbered, Fig 3A] (see examiners comments) are variable [As modified] based on the position of the rod or bar (47) [Fig 3B] relative to the vertical portions [Unnumbered, Fig 3A] (see examiners comments) of the first and second support angles [Unnumbered, Fig 3A] (see examiners comments).
However, fails to disclose a second support angle coupled to a second coupler via a second bolt, wherein the second coupler is coupled to another end of the rod or bar, and wherein heights of the horizontal portions of the first and second support angles are variable based on the position of the rod or bar relative to the vertical portions of the first and second support angles.
Furthermore, Brodowski (Secondary Embodiment) discloses a second support angle [Unnumbered, Fig 3A, Brodowski] (see examiners comments) coupled to a second coupler (34) [Fig 2B] via a second bolt (28) [Fig 2B] wherein the second coupler (34) [Fig 2B] is coupled to another end of the rod (47, Brodowski) [Fig 3B] or bar, a second support angle [Unnumbered, Fig 3A, Brodowski] (see examiners comments) coupled to another coupler (34, Brodowski (Secondary Embodiment)) [Fig 2B] via another bolt (28) [Fig 1, opposite side][Col 5, Line 33]
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus for adjusting a haunch height as disclosed by Brodowski to include another coupler and bolt as disclosed by Brodowski (Secondary Embodiment). When modified, the coupler and bolt allows for a fastening mechanism for the rod.
In regards to Claim 12, Brodowski as modified discloses the system (42) [Figs 3A and 3B] of claim 10, wherein the plurality position adjustment holes (322a, 322b, Schmid) [0072 disclosing position adjustment holes “one or more pins or bolts 326 can be inserted into the corresponding holes such that the entire construction element 320 can be raised or lowered via the pins or bolts 326”] are arranged in a plurality of columns [Fig 4, Showing Plurality] on the vertical portion [Unnumbered, Fig 3A] (see examiners comments) of the support angle [Unnumbered, Fig 3A] (see examiners comments).
In regards to Claim 13, Brodowski as modified discloses the system (42) [Figs 3A and 3B] of claim 10, wherein the plurality of holes (322a, 322b, Schmid) [0072 disclosing position adjustment holes “one or more pins or bolts 326 can be inserted into the corresponding holes such that the entire construction element 320 can be raised or lowered via the pins or bolts 326”]are arranged diagonally [Fig 4, Showing Diagonally, Schmid] on the vertical portion [Unnumbered, Fig 3A] (see examiners comments) of the support angle [Unnumbered, Fig 3A] (see examiners comments).
In regards to Claim 14, Brodowski as modified discloses the system (42) [Figs 3A and 3B] of claim 13,
Schmid discloses wherein the height of the support angle [Unnumbered, Fig 3A] (see examiners comments) is adjustable [As modified, multiple holes are arranged] by repositioning the bolt (326) [Fig 4] [0072 disclosing position adjustment holes “one or more pins or bolts 326 can be inserted into the corresponding holes such that the entire construction element 320 can be raised or lowered via the pins or bolts 326”] in another position adjustment hole (322a, 322b, Schmid) [0072 disclosing position adjustment holes “one or more pins or bolts 326 can be inserted into the corresponding holes such that the entire construction element 320 can be raised or lowered via the pins or bolts 326”] of the plurality of position adjustment holes (322a, 322b, Schmid) [0072 disclosing position adjustment holes “one or more pins or bolts 326 can be inserted into the corresponding holes such that the entire construction element 320 can be raised or lowered via the pins or bolts 326”] in the support angle [Unnumbered, Fig 3A, Brodowski] (see examiners comments).
In regards to Claim 15, Brodowski as modified discloses the apparatus (42) [Figs 3A and 3B] of claim 14, wherein the height of the support angle [Unnumbered, Fig 3A] (see examiners comments) is adjustable [As modified, multiple holes are arranged] without a vertical rod.
Additionally, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Brodowski to remove the vertical rod element in order to facilitate movement since the function attributed to element vertical rod is not desired or required by Applicant' s invention, and in order to allow facilitating attachment and movement from the plurality of holes as modified in claim 8. It has been held that omission of an element and its function is obvious if the function of the element is not desired. See MPEP 2144.04 (II)(A); Ex parte Wu, 10 USPQ 2031. When modified, the vertical rod element would not be needed due to achieving the same functionality as the plurality of position adjustment holes as used in claim 14 above.
In regards to Claim 16, Brodowski as modified discloses the system (42) [Figs 3A and 3B] of claim 10, wherein the system (42) [Figs 3A and 3B] further comprises a clip angle [Unnumbered, Fig 3B] (see examiners comments), wherein the clip angle [Unnumbered, Fig 3B] (see examiners comments) is coupled to another coupler (34, Brodowski (Secondary Embodiment)) [Fig 2B] via another bolt (28, Brodowski (Secondary)) [Fig 1, opposite side][Col 5, Line 33], wherein the other coupler (34, Brodowski (Secondary Embodiment)) [Fig 2B] is coupled to another end of the rod (47) [Fig 3B] or bar.
In regards to Claim 17, Brodowski discloses
A haunch height adjustment (42) [Figs 3A and 3B], the system (42) [Figs 3A and 3B] comprising:
a support angle [Unnumbered, Fig 3A] (see examiners comments) , the support angle [Unnumbered, Fig 3A] (see examiners comments) comprising a horizontal portion [Unnumbered, Fig 3A] (see examiners comments) and a vertical portion [Unnumbered, Fig 3A] (see examiners comments)
wherein the horizontal portion [Unnumbered, Fig 3A] (see examiners comments) is configured to support a deck form (29) [Fig 3B] [See Col 1, Line 20-21]
a rod (47) [Fig 3B] or bar, wherein at least ends of the rod (47) [Fig 3B] or bar are threaded [“coil rod” known in the art to be threaded];
However, fails to disclose
wherein the vertical portion includes a plurality of position adjustment holes wherein each position adjustment holes of the plurality of position adjustment holes is spaced apart from each other position adjustment holes of the plurality of holes, wherein the plurality of position adjustment holes are arranged diagonally at different heights on the vertical portion,
a coupler, wherein the coupler includes an internal threading; and
a bolt wherein the is configured to extend through one of the plurality of holes in the support angle and into a portion of the coupler to adjust a height of the horizontal portion of the support angle and the deck form.
Furthermore, Brodowski (Secondary embodiment) discloses
a coupler (34) [Fig 2B], wherein the coupler (34) [Fig 2B] includes an internal threading [See Col 2, Lines 65-67];
a bolt (28) [Fig 1b][Col 5, Line 33]
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus for adjusting a haunch height as disclosed by Brodowski to include a coupler, wherein the coupler includes an internal threading; and a bolt as disclosed by Brodowski (Secondary Embodiment). When modified, the coupler allows for a fastening mechanism for the rod. Additionally, the bolt as intended enacts the capabilities of a securing mechanism.
Furthermore, Schmid discloses
wherein the vertical portion [Unnumbered, Fig 1B, Brodowski] (see examiners comments) includes a plurality of position adjustment holes (322a, 322b, Schmid) [0072 disclosing position adjustment holes “one or more pins or bolts 326 can be inserted into the corresponding holes such that the entire construction element 320 can be raised or lowered via the pins or bolts 326”] spaced apart and positioned at different heights [Fig 4, Showing Spaced and positioned at different heights] on the vertical portion [Unnumbered, Fig 1B, Brodowski] (see examiners comments);
wherein the vertical portion [Unnumbered, Fig 1B, Brodowski] (see examiners comments) includes a plurality of position adjustment holes (322a, 322b, Schmid) [0072 disclosing position adjustment holes “one or more pins or bolts 326 can be inserted into the corresponding holes such that the entire construction element 320 can be raised or lowered via the pins or bolts 326”] wherein each position adjustment holes (322a, 322b) of the plurality of position adjustment holes (322a, 322b) is spaced apart [As shown in Figure 4, spaced apart] from each other position adjustment holes (322a, 322b) of the plurality of holes (322a, 322b), wherein the plurality of position adjustment holes (322a, 322b) are arranged diagonally at different heights [As shown in Figure 4, arranged diagonally] on the vertical portion [Unnumbered, Fig 1B, Brodowski] (see examiners comments),
a bolt (326) [Fig 4] , wherein the bolt (326) [Fig 4] is configured to extend through [Fig 4] [0072] one of the plurality of position adjustment holes (322a, 322b, Schmid) [0072 disclosing position adjustment holes “one or more pins or bolts 326 can be inserted into the corresponding holes such that the entire construction element 320 can be raised or lowered via the pins or bolts 326”] in the support angle [Unnumbered, Fig 3A] (see examiners comments, Brodowski) and into a portion of the coupler (34, Brodowski (Secondary embodiment)) [Fig 2B] to adjust a height of the horizontal portion [Unnumbered, Fig 3A] (see examiners comments, Brodowski) of the support angle [Unnumbered, Fig 3A] (see examiners comments, Brodowski) and the deck form (29, Brodowski) [Fig 3B] [See Col 1, Line 20-21].
In regards to Claim 18, Brodowski as modified discloses the system (42) [Figs 3A and 3B] of claim 17,
Schmid wherein the plurality of position adjustment holes (322a, 322b, Schmid) [0072 disclosing position adjustment holes “one or more pins or bolts 326 can be inserted into the corresponding holes such that the entire construction element 320 can be raised or lowered via the pins or bolts 326”] includes four or more holes (322a, 322b) arranged diagonally [Fig 4, Showing Diagonally] on the vertical portion [Unnumbered, Fig 3A] (see examiners comments).
In regards to Claim 19, Brodowski discloses the system (42) [Figs 3A and 3B] of claim 18,
Schmid discloses
wherein the plurality of position adjustment holes (322a, 322b, Schmid) [0072 disclosing position adjustment holes “one or more pins or bolts 326 can be inserted into the corresponding holes such that the entire construction element 320 can be raised or lowered via the pins or bolts 326”] includes twelve or more holes [As Shown in Fig 3 and 4, showing multiple holes (12 minimum) ] arranged diagonally [As interpreted below, Fig 4] on the vertical portion.
Examiners Interpretation: The phrase “arranged diagonally” is not limiting to one line with all 12 holes arranged diagonally. Arranged diagonally as one of ordinary skill in the art would understand is a minimum of 2 holes arranged diagonally.
In regards to Claim 20, Brodowski discloses
The system (42) [Figs 3A and 3B] of claim 17, wherein the support angle [Unnumbered, Fig 3A] (see examiners comments) is a first support angle [Unnumbered, Fig 3A] (see examiners comments), and wherein the system (42) [Figs 3A and 3B] further comprises a second support angle [Unnumbered, Fig 3A] (see examiners comments).
wherein the second support angle [Unnumbered, Fig 3A] (see examiners comments) includes a horizontal portion [Unnumbered, Fig 3A] (see examiners comments) and a vertical portion [Unnumbered, Fig 3A] (see examiners comments).
wherein the horizontal portion [Unnumbered, Fig 3A] (see examiners comments) is configured to support a deck form (29) [Fig 3B] [See Col 1, Line 20-21], and wherein the heights of the horizontal portions [Unnumbered, Fig 3A] (see examiners comments) of the first and second support angles [Unnumbered, Fig 3A] (see examiners comments) are variable based on the position of the rod (47) [Fig 3B] or bar relative to the vertical portions [Unnumbered, Fig 3A] (see examiners comments) of the first and second support angles [Unnumbered, Fig 3A] (see examiners comments)
Furthermore, Brodowski fails to disclose
a second support angle coupled to another coupler via another bolt
wherein the other coupler is coupled to another end of the rod or bar
wherein the vertical portion includes a plurality of holes spaced apart and arranged diagonally different heights on the vertical portion.
Furthermore, Brodowski (Secondary embodiment) discloses
a second support angle [Unnumbered, Fig 3A, Brodowski] (see examiners comments) coupled to another coupler (34) [Fig 2B] via another bolt (28);
wherein the other coupler (34) [Fig 2B] is coupled to another end of the rod (47, Brodowski) [Fig 3B] or bar
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus for adjusting a haunch height as disclosed by Brodowski to include another coupler by another bolt as disclosed by Brodowski (Secondary Embodiment). When modified, the coupler and bolt allows for a fastening mechanism for the rod.
Furthermore, Schmid discloses
wherein the vertical portion [Unnumbered, Fig 3A, Brodowski] (see examiners comments) includes a plurality of position adjustment holes (322a, 322b, Schmid) [0072 disclosing position adjustment holes “one or more pins or bolts 326 can be inserted into the corresponding holes such that the entire construction element 320 can be raised or lowered via the pins or bolts 326”] spaced apart and arranged diagonally different heights [As shown in figure 4] on the vertical portion [Unnumbered, Fig 3A] (see examiners comments).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus for adjusting a haunch height as disclosed by Brodowski to include wherein the vertical portion includes a plurality of position adjustment holes spaced apart and arranged diagonally different heights on the vertical portion as disclosed by Schmid. When modified, the plurality of position adjustment holes allows for anchoring at different sections, as shown in fig 4 of Schmid and paragraph 0072.
Examiners Comments
PNG
media_image1.png
727
657
media_image1.png
Greyscale
Browdowski, Figures 3A-3B
Response to Arguments
Claim Rejections 35 USC 112: Applicant' s argument with respect to the claims rejected under 35 USC 112 is persuasive and rejection of the claims pursuant to 35 USC 112 is hereby withdrawn. However, due to the amendments new grounds of 112 rejection have been raised. See 112 rejections.
Claim Rejections 35 USC 103: Applicant' s arguments with respect to all claims have been considered but are not persuasive.
In regards to claims 1-20, applicant recites the combination Brodowski et al. (US 10,801, 198 B2) in view of Brodowski et al. (US 10,801,198 B2 (Secondary Embodiment)), Morrow (US 7,429,023 B2), and in further view of Comino (US 2,746,780 A) no longer is applicable in light of the amendments.
Examiners Response: The combination of references argued is no longer relied upon in view of the claimed amendments, and that the amended features are instead taught by Schmid (US20240410188 A1).
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 ZAKARIA K. AL-ASWAR whose telephone number is (571)272-6335. The examiner can normally be reached M through F 7:30 to 5PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Mattei can be reached at 571-270-3238. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Z.K.A./Examiner, Art Unit 3635
/KYLE J. WALRAED-SULLIVAN/Primary Examiner, Art Unit 3635
Prosecution Insights