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 Objections
Claims 3, 5 and 6 are objected to because of the following informalities: “biasing member” should be --bias member-- for proper antecedent basis. Appropriate correction is required.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-2, 4-5 and 7-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lin (US 9,394,706). In considering the embodiment shown in Figs. 1-15, Lin discloses a support member (1) comprising: an outer housing extending along an longitudinal axis from a flanged end (5) to a insertion end (6) for engagement and encased in poured cement (37, Figs. 14-15); a flange (33) extending outwardly from the flanged end for resisting pullout from the concrete; an insertion opening at the insertion end opposite the flange for receiving a threaded shaft (4); the outer housing defining an inner space (11) with a tapered surface (38) lessening in diameter towards the axis and opening; a jaw assembly including a plurality of jaws (7) disposed in the inner space each having an inner threaded surface (12) and a bias member (9) for biasing the jaws towards the central axis; wherein the outer housing includes an upper portion (33) threadedly connected to a lower portion (10) with complementary male and female threads. The tapered surface is disposed on the lower surface where the bias member urges the jaws towards the tapered surface. Lin additionally teaches the support member can be a part of an anchor assembly (Figs. 16-35) including a base member (52).
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 3 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Lin as applied to claim Lin above, and further in view of Thompson (US 9,181,691). Lin does not disclose the bias member is a coil spring. Thompson discloses a support member including a bias member similar to Lin but in Thompson the bias member is a coil spring (41). Before the effective filing date of the claimed invention it would have been obvious for one of ordinary skill in the art to replace the bias member of Lin with a coil spring as disclosed in Thompson because Thompson describes the coil spring as one of a group of bias members which would yield the same results (column 4, paragraph beginning line 18).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Ziltener (US 2024/0376927) and Iwamoto (US 5,468,105) are cited to teach other examples of two part support members with a flange opposite an insertion opening. Naka (US 4,211,048) is cited to teach another example of a cement anchor of general interest.
Applicant remarks have been considered but are moot in light of the new grounds of rejection.
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/FLEMMING SAETHER/Primary Examiner, Art Unit 3675
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