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 § 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.
Claim(s) 11-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ciuperca (U.S. Patent Application Publication 2017/0218614), in view of Winston et al. (U.S. Patent 6,230,568). Regarding Claim 11, Ciuperca shows that it is known to carry out a method for constructing concrete structure with an integrated element encased therein (Abstract; 0015), the method comprising installing formwork that conforms to the shape and size of the concrete structure, wherein the formwork includes first formwork and second formwork (element 12, 14; 0079-0082), installing a form tie system, including an element between the first formwork and the second formwork (element 208, 312; 0079-0082), pouring concrete after the first formwork, the second formwork, and the tie system are completely installed (0083), and removing the formwork and the form tie system, excluding the element, after the concrete has initially hardened (0084-0087). Ciuperca does not specifically teach embedding a waveguide tube in the concrete. Winston et al., hereafter “Winston,” shows that a method of constructing a concrete structure including embedding a waveguide tube in a concrete form during pouring, such that the waveguide tube penetrates a space for the concrete structure, leaving the waveguide tube penetrating through the concrete structure (Figure 1, element 20; Column 3, lines 8-14). It would have been obvious to one of ordinary skill in the art to embed Winston’s waveguide tube as the element in Ciuperca’s method because both methods create concrete forms with embedded components, and in order to provide the desired functionality to the final concrete article.
Regarding Claims 12-14, Ciuperca shows the method of claim 1 above, including one wherein the form tie system comprises a tie bolt that penetrates both the first formwork and the second formwork (element 312), and a first nut/washer and a second nut/washer (elements 314, 316; it is the position of the examiner that collars 314 and 316 comprise combined, i.e. integral, nut/washer elements).
Regarding Claim 15, Ciuperca shows the method of claim 14 above, further including a spacer (Figures 2-3, element 132; 0067, 0079).
Regarding Claims 16-17, Ciuperca shows the method of claim 15 above, but he does not show a waveguide having the claimed shape/size. Winston shows that it is known to encase a waveguide of any suitable shape/configuration (Column 3, lines 11-12, 49-50). It would have been obvious to use a waveguide of any shape/size, such as suggested by Winston, as the encased element in Ciuperca’s method because both methods create concrete forms with embedded components, and in order to provide the desired functionality to the final concrete article.
Allowable Subject Matter
Claims 18 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant's arguments filed 7 August 2026, regarding the rejection in the paper mailed on 11 February 2026, before the Notice of Allowance on 13 May 2026, have been fully considered but they are not persuasive.
Applicant contends that the claimed invention utilizes a rigid metallic waveguide tube that is straight. This is not commensurate in scope with the instantly-claimed invention.
In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, the examiner maintains that as both references are in the common industry of concrete shaping, specifically encasing embedded components in concrete, there is reasonable suggestion to combine the disclosures.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MONICA HUSON whose telephone number is (571)272-1198. The examiner can normally be reached M-F 8a-4p.
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MONICA ANNE HUSON
Primary Examiner
Art Unit 1742
/MONICA A HUSON/Primary Examiner, Art Unit 1742
