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
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 Loncaric (WO 2006105577) “Loncaric”, in view of Kodi (US Patent 8117796) “Kodi”.
Regarding claims 1-8, Loncaric discloses a shotcrete gauge (1) for facilitating an application of shotcrete (45) to a surface (42), the shotcrete gauge (1) comprising: a main body (2); a pair of twist-on members (Fig. 17), a fastener-supporting bore (fig. 17) extending centrally inside the main body (2) and having internal threads (see labelled excerpt of fig. 17 below) for receiving a depth-setting fastener (5) wherein the depth-setting fastener (5) is a depth-setting bolt having a bolt head (30), wherein the bolt head (30) has a head color different from a shank color (page 10, paragraph 1), and a threaded shank having the external threads (threads shown in Fig. 17), wherein the bolt head (30) provides a visual indicator (20) for a user applying the shotcrete (45). The shotcrete gauge (1) comprises a threaded support bracket (60) that replaces the depth-setting fastener (5) after the shotcrete has been applied, the threaded support bracket (60) being adapted to support an object (66) wherein the object is a vent or hose (66). The depth-setting fastener (5) is one of a plurality of depth-setting fasteners (5) of different lengths (page 8; lines 17-23) that can be fastened into the fastener-supporting bore to set different thicknesses.
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Loncaric does not disclose having parallel hooks to attach to a reinforcement mesh.
Kodi teaches parallel hooks (34) to attach to a reinforcement mesh (52).
It would have been obvious to one of ordinary skill in the art before the effective filing date to use Kodi’s parallel hooks on Loncaric’s shotcrete gauge to more securely attach Loncaric’s shotcrete gauge to Kodi’s reinforcement mesh, ensuring the gauge is firmly locked into position to provide more accurate thickness measurements.
Regarding claims 9-16, Loncaric discloses a shotcrete gauge (1) for applying shotcrete (45) to a surface (42), the shotcrete gauge (1) comprising: a main body (2); a pair of twist-on members (fig. 17), a fastener-supporting bore (fig. 17) extending centrally inside the main body (2) and having internal threads (see labelled excerpt of fig. 17 below) for receiving a depth-setting fastener (5) wherein the depth-setting fastener (5) is a depth-setting bolt having a bolt head (30), wherein the bolt head (30) has a head color different from a shank color (page 10, paragraph 1), and a threaded shank having the external threads (threads shown in Fig. 17), wherein the bolt head (30) provides a visual indicator (20) for a user applying the shotcrete (45). The shotcrete gauge (1) comprises a threaded support bracket (60) that replaces the depth-setting fastener (5) after the shotcrete has been applied, the threaded support bracket (60) being adapted to support an object (66) wherein the object is a vent or hose (66). The depth-setting fastener (5) is one of a plurality of depth-setting fasteners (5) of different lengths (page 8; lines 17-23) that can be fastened into the fastener-supporting bore to set different thicknesses.
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Loncaric does not disclose having parallel hooks to attach to a reinforcement mesh.
Kodi teaches parallel hooks (34) to attach to a reinforcement mesh (52).
It would have been obvious to one of ordinary skill in the art before the effective filing date to use Kodi’s parallel hooks to more securely attach Loncaric’s shotcrete gauge to Kodi’s reinforcement mesh, ensuring the gauge is firmly locked into position to provide more accurate thickness measurements.
Regarding claims 17-20, Loncaric discloses a method of applying shotcrete (45) to a surface (42), the method comprising: attaching a reinforcement mesh (“screen”) to the surface (42); attaching a shotcrete gauge (1) to the reinforcement mesh (“screen”), the shotcrete gauge comprising: a main body (2); a pair of twist-on members (Fig. 17) to attach to a reinforcement mesh (“screen”) disposed against the surface (42); and a fastener-supporting bore (fig. 17) extending centrally inside the main body (2) and having internal threads (see labelled excerpt of fig. 17 below) for receiving a depth-setting fastener (5) having corresponding external threads (see labelled excerpt of fig. 17 below); fastening the depth-setting fastener (5) in the fastener-supporting bore (fig. 17) to set a depth of the shotcrete (45); removing the depth-setting fastener (5); and fastening a threaded support bracket (60) into the bore; hanging a vent or hose (66) from the threaded support bracket (60); wherein the depth-setting fastener is a depth-setting bolt (5) having a bolt head (30) and a threaded shank (5) having the external threads, wherein the bolt head (30) provides a visual indicator (20) for a user applying the shotcrete to the reinforcement mesh, wherein the bolt head has a head color different from a shank color (page 10, paragraph 1).
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Loncaric does not disclose having parallel hooks.
Kodi teaches parallel hooks (34).
It would have been obvious to one of ordinary skill in the art before the effective filing date to use Kodi’s parallel hooks to more securely attach Loncaric’s shotcrete gauge to reinforcement mesh during Loncaric’s method of applying shotcrete, ensuring the gauge is firmly locked into position to provide more accurate thickness measurements during shotcrete application.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANNA JOSEPHINE SAUNDERS whose telephone number is (571)272-6528. The examiner can normally be reached 7:30-5:00 EST.
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/ANNA JOSEPHINE SAUNDERS/Examiner, Art Unit 2855
/PETER J MACCHIAROLO/Supervisory Patent Examiner, Art Unit 2855
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