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 1-25 are pending and subject to examination in this Office action.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 01/10/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the Examiner.
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.
Claims 3, 11, 14 and 22 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Regarding claims 3 and 11, the term “the building” lacks proper antecedent basis.
Regarding claim 14, the term “the foundation” lacks proper antecedent basis.
Regarding claim 22, the term “the anchor rod” lacks proper antecedent basis.
Claim Rejections - 35 USC § 102
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 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 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 1-12 are rejected under 35 U.S.C. 102(a)(1) as anticipated by Leek (U.S. Patent No. 6,367,224).
Regarding independent claim 1, Leek describes a holdown post for a building constructed at a building site, comprising:
a post (2) comprising a recess (30), and
a holdown (6) embedded within the recess prior to arrival at the building site; and
fasteners (7) for securing the holdown within the recess of the post.
Regarding claim 2, wherein the holdown is configured to receive an anchor bolt (8), the recess having a depth within the post so that the anchor bolt is embedded within the post when received within the holdown (see e.g., Figs. 1-8).
Regarding claim 3, wherein the holdown is configured to receive an anchor bolt (8) extending from a foundation of the building to anchor the holdown post to the foundation (see e.g., Figs. 5-8).
Regarding claim 4, wherein the fasteners are screws inserted through the holdown and into the post at an angle to reduce shear load on the fasteners (col. 4, ll. 24-28).
Regarding claim 5, wherein the angle is between 30° and 60° (see e.g., Figs. 1-8).
Regarding claim 6, further comprising a channel (29) connecting a bottom of the recess with a bottom of the post, the channel configured to receive an anchor bolt.
Regarding claim 7, wherein the recess is shaped to match a shape of the holdown (see e.g., Figs. 1-8).
Regarding claim 8, wherein the holdown has a rounded, pre-deflected base (see e.g., Figs. 1-8).
Regarding claim 9, wherein the recess has a rounded bottom portion having a radius matching a radius of the rounded, pre-deflected base (see e.g., Figs. 1-8).
Regarding claim 10, wherein the holdown is positioned between 4 inches and 12 inches from a bottom of the post (see e.g., Figs. 1-8).
Regarding claim 11, wherein the holdown post forms part of a frame in the building (see e.g., Figs. 1-8).
Regarding claim 12, wherein the holdown post forms part of a shearwall (see e.g., Figs. 1-8).
Claims 13-25 are rejected under 35 U.S.C. 102(a)(1) as anticipated by Fouch (U.S. Patent Application Publication No. 2006/0144008).
Regarding independent claim 13, Fouch describes a holdown post for a building constructed at a building site, comprising:
a post (22 and 32 taken together) comprising a recess (i.e., opening that receives pre-fabricated shear wall bird cage 24) and a channel (34), the channel extending from a base of the recess to an end of the post (see e.g., Figs. 1-4), the channel configured to receive an anchor bolt (28);
a holdown (i.e., pre-fabricated shear wall bird cage 24) embedded within the recess prior to arrival at the building site, the holdown comprising a bearing plate (30) configured to receive the anchor bolt through a hole in the bearing plate enabling the holdown to be secured to the anchor bolt (Figs. 1 and 2); and
screw fasteners (¶ [0022]; fasteners received in unlabeled openings at top portion of holdown 24) inserted through the holdown and into the post at an angle to secure the holdown within the recess of the post, the angle configured to reduce shear stress on the screw fasteners (see e.g., ¶ [0022]).
Regarding claim 14, wherein the anchor bolt extends from the foundation, securing the holdown to the anchor bolt securing the holdown post to the foundation (see e.g., Figs. 1-4).
Regarding claim 15, wherein the holdown comprises a first holdown, the recess comprising a first recess and the anchor bolt comprising a first anchor bolt, the holdown post further comprising: a second recess in the post near a top of the post; and a second holdown embedded within the second recess prior to arrival at the building site, the second holdown configured to receive a second anchor bolt to secure the holdown post to a floor joist above the foundation (see e.g., Figs. 1-7).
Regarding claim 16, wherein the recess has a depth within the post so that the anchor bolt is centered within the post front to back when received within the holdown (see e.g., Figs. 1-4).
Regarding claim 17, wherein the angle of the screw fasteners is between 30° and 60° (see e.g., Figs. 1-4).
Regarding claim 18, wherein the holdown has a rounded, pre-deflected base (see e.g., Figs. 1-4).
Regarding claim 19, wherein the recess has a rounded bottom portion having a radius matching a radius of the rounded, pre-deflected base (see e.g., Figs. 1-4).
Regarding independent claim 20, Fouch describes a method of assembling a holdown post onto a foundation of a building, comprising the steps of:
(a) forming a recess (i.e., opening that receives pre-fabricated shear wall bird cage 24) in a post (22 and 32 taken together);
(b) affixing a holdown (24) within the recess to form the holdown post;
(c) transferring assembled holdown post to a building site (see e.g., Figs. 1-4);
(d) mounting the holdown post over an anchor bolt (28) with an end of the anchor bolt received through a hole in a bearing plate (30) of the holdown (see e.g., Figs. 1-4); and
(e) securing a nut (26) over the anchor bolt to secure the holdown to the anchor bolt and to secure the post to the foundation (42).
Regarding claim 21, wherein the step (b) of affixing the holdown within the recess comprises the step of screwing the holdown into the recess with screws inserted at an angle (see e.g., Figs. 1-4).
Regarding claim 22, further comprising the step of forming a channel (34) in the post, the channel configured to receive the anchor rod upon said step (d) of mounting the holdown post over an anchor bolt.
Regarding claim 23, wherein the step (a) of forming a recess in a post comprises the step of forming the recess to a depth so that that the anchor bolt is centered within the post front to back when received within the holdown in the step (d) (see e.g., Figs. 1-4).
Regarding claim 24, wherein the step (a) of forming a recess in a post comprises the step of forming the recess to a size and shape matching a size and shape of the holdown (see e.g., Figs. 1-4).
Regarding claim 25, wherein the step of forming a recess in a post comprises the step of forming the recess with a rounded base to match a rounded, pre-deformed base of the holdown (see e.g., Figs. 1-4).
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant’s disclosure: Refer to the attached Form PTO-892.
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/RODNEY MINTZ/Primary Examiner, Art Unit 3635