DETAILED ACTION
This is a second non-final Office Action on the merits for U.S. App. 18/548,606. Receipt of the amendments and arguments filed on 01/19/2026 is acknowledged.
Claims 1-37 are pending.
Claims 1-37 are examined.
Claim Objections
Applicant’s amendments to the claims overcome the claim objection of the previous Office Action. Therefore, the claim objection of the previous Office Action is withdrawn.
Claim Rejections - 35 USC § 112
Applicant’s amendments to the claims overcome the 35 U.S.C. 112(b) rejections of the previous Office Action. Therefore, the 35 U.S.C. 112(b) rejections of the previous Office Action are withdrawn.
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.
Claim 20 is 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.
Regarding claim 20, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d). Furthermore, one of ordinary skill in the art would not know whether the phrase “especially cross-linking” is required or if it is a possible chemical reaction that can be used but not required. For examining purposes and in light of the specification and drawings, claim 20 is considered to require a chemical reaction through cross-linking.
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) 1-26 and 28-37 are rejected under 35 U.S.C. 103 as being unpatentable over Rheme et al. (CA 3036115) in view of Schlimmer et al. (WO 03/046390).
Regarding claim 1, Rheme et al. disclose a method of anchoring a first object (#2) in a second object (#1), the method comprising the steps of:
providing the second object (#1);
providing the first object (#2);
inserting a hardenable composition (#3) between the first and second objects (see figure 1 or 26);
causing mechanical vibration energy to impinge on the first object to cause the hardenable composition to undergo a chemical hardening process while the hardenable composition is between the first and second objects, to yield a hardened composition (mechanism #6 is used to press the first object #2 into the second object #1 and vibrate the interface between such elements so as to cause the composition #3 to become well-distributed and embed into any structure of the attachment surfaces and stimulate the curing process of the composition (see end of page 26), where the composition is activated with such vibration and cross-linking of the composition to thus form a chemical hardening process (see the top of page 20));
whereby a first connection between the first object and the hardened composition and a second connection between the hardened composition and the second object results, wherein the first object is anchored to the second object by the first and second connections (see figure 1 or 26, where the hardened composition #3 can be used to connect the first #2 and second #2 objects to one another with the projections #141 of each object embedded within the composition and connected to the opposite object.
Though Rheme et al. disclose multiple types of connections which can occur between the first and second objects using the hardenable composition #3, Rheme et al. do not specifically disclose the second object comprises an opening and the first object comprises of an insert portion that defines an insertion axis so that the hardenable composition and insert portion can be received within the opening of the second object and connected to one another therein. It is highly well known in the art, as evidenced by Schlimmer et al., that first #6 and second #1 objects can be coupled to one another using a hardenable composition #5, where the first object #6 comprises of undercut portions #6 on an insert portion that is configured to be received within an opening #2 of the second object #1, along with the hardenable composition #5, such that when vibration is provided by mechanism #9, the composition #5 is allowed to heat up and flow between the first and second objects and then harden in order to connect such elements to one another. See figures 1-4. Therefore, it would have been obvious before the effective filing date of the claimed invention to have used the connection method of Rheme et al. to attach first and second objects to one another such that an insert portion of a first object and hardenable composition are inserted into an opening of the second object and connected thereto after vibration of such an interface, as taught in Schlimmer et al., in order to increase the connection strength between the first and second objects to prevent removal from one another by increasing the surface area which the composition is to contact between such elements to provide a stronger positive-fit connection between such elements.
Regarding claim 2, Rheme et al. in view of Schlimmer et al. render obvious the vibration energy impinges while the insert portion is being advanced into the opening (See the middle of page 5 of the English translation of Schlimmer et al., where such features would be provided within Rheme et al. as explained above).
Regarding claim 3, Rheme et al. in view of Schlimmer et al. render obvious the hardenable composition is at least partially displaced by the insert portion being advanced into the opening (see the bottom of page 5 of the English translation of Schlimmer et al., where such features would be provided within Rheme et al. as explained above).
Regarding claim 4, Rheme et al. in view of Schlimmer et al. render obvious the steps of inserting the hardenable composition and the insert portion into the opening and of causing the mechanical vibration energy to impinge are carried out sequentially, wherein the vibration energy impinges only after the insertion portion has been inserted (Schlimmer et al. disclose the composition #5 is first inserted into the opening, and then the insertion portion of the object #6 is sequentially inserted into the opening and the vibration energy is then applied, where such features would be provided within Rheme et al. as explained above).
Regarding claim 5, Rheme et al. in view of Schlimmer et al. render obvious the step of inserting the hardenable composition and the insert portion comprises the sub-steps of inserting the hardenable composition and of inserting the insert portion only after the sub-step of inserting the hardenable composition (see figures 2 and 3 of Schlimmer et al., where the composition #5 is first inserted into the recess and then the insert portion is inserted into the composition #5 thereafter, where such features would be provided within Rheme et al. as explained above).
Regarding claim 6, Rheme et al. in view of Schlimmer et al. render obvious in the step of causing mechanical vibration energy to impinge on the first object, the first object is mounted to a vibrating sonotrode (lines 11-14 of page 21 of Rheme et al. disclose use of a sonotrode #6 for generating such vibration energy; Schlimmer et al. similarly disclose the obviousness of using a sonotrode #9).
Regarding claim 7, Rheme et al. in view of Schlimmer et al. render obvious causing a resilient element to be placed between a distal end of the insert portion and a bottom of the opening during the step of causing mechanical vibration to impinge on the first object (Figure 18 of Rheme et al. depicts use of thermoplastic elements #10 extending between the first object and second object and within the hardenable composition #3 in order to absorb vibration energy so as to localize the heat from vibration and convey such heat to the surrounding resin (see lines 11-23 of page 36 as well as lines 16-22 of page 8 which disclose use of such resilient elements acting as distance holding spacers), where it would have similarly been obvious to have placed such resilient thermoplastic material between the end of the of the insert portion of the first object and the bottom of the opening when Rheme et al. is modified in view of Schlimmer et al. as explained above in order to better transfer the heat from such vibrations through the resin that is to attach the objects to one another).
Regarding claim 8, Rheme et al. in view of Schlimmer et al. render obvious the insert portion of the first object has an outer shape forming an undercut with respect to axial directions, whereby the first connection between the first object and the hardened composition comprises a positive-fit connection (lines 15-18 of Rheme et al. disclose that a positive-fit connection between the composition and undercuts of an object can be provided, where Schlimmer et al. depicts use of undercuts #6 on the outer surface of the insertion portion of the first object to provide such a connection, where such features would be provided within Rheme et al. as explained above).
Regarding claim 9, Rheme et al. in view of Schlimmer et al. render obvious the mechanical vibration energy also causes the hardenable composition to interpenetrate structures of the second object, whereby the second connection comprises a positive-fit connection between the hardenable composition and the second object (See lines 1-6 of page 5 of Rheme et al., which teaches that such a composition can interpenetrate the surfaces of the objects. See also the bottom of page 5 of the English translation of Schlimmer et al., which teaches the obviousness of the composition #5 penetrating into open pores and other cavities of the recess #2 peripheral wall, where it would have been obvious to have provided such features within Rheme et al. in order to better attach the first object within the opening of the second object.).
Regarding claim 10, Rheme et al. in view of Schlimmer et al. render obvious the first connection and/or the second connection comprises an adhesive connection (the melting of the composition #3 of Rheme et al. and then hardening/curing thereof to attach to the surfaces of the first and second objects is considered to form an adhesive connection as broadly defined).
Regarding claim 11, Rheme et al. in view of Schlimmer et al. render obvious providing the second object that has the opening comprises drilling the opening into the second object (though not positively disclosed within Schlimmer et al., Rheme et al. teach that pre-drilling holes within the objects which used for mechanical fasteners is known in the art (see the top of page 2) and it would have been obvious before the effective filing date of the claimed invention to have drilled the opening within the second object to form the opening therein in order to use known techniques in the art to form openings and to also provide the necessary structure to form such a connection when such an opening is not pre-formed or molded within the object, such as during retrofit upgrades).
Regarding claim 12, Rheme et al. in view of Schlimmer et al. render obvious the hardenable composition comprises a polymer and/or polymerizable material (lines 13-15 of page 9 of Rheme et al. disclose thermoplastic polymers can be used within such a composition, where the composition can also comprise of a resins subject to free radical polymerization/free radical cross linking as taught in lines 10-11 of page 16).
Regarding claim 13, Rheme et al. in view of Schlimmer et al. render obvious the hardenable composition comprises a prepolymer (see lines 10-12 of page 4 of Rheme et al. or lines 14-16 of page 6).
Regarding claim 14, Rheme et al. in view of Schlimmer et al. render obvious the hardenable composition comprises a monomer (see lines 10-12 of page 4 of Rheme et al.).
Regarding claim 15, Rheme et al. in view of Schlimmer et al. render obvious the hardenable composition further comprises a filler (see lines 8-23 of page 11 of Rheme et al.).
Regarding claim 16, Rheme et al. in view of Schlimmer et al. render obvious the filler has a higher heat conductivity than the polymer and/or polymerizable material (lines 3-6 of page 13 of Rheme et al. disclose the filler can comprise of particles of highly efficient heat conducting material, such as copper, aluminum or carbon based materials, and thus would comprise of a higher heat conductivity than the polymers used).
Regarding claim 17, Rheme et al. in view of Schlimmer et al. render obvious the filler is a filler of ceramic particles (lines 3-6 of page 13 of Rheme et al. disclose heat conducting ceramics can be used)
Regarding claim 18, Rheme et al. in view of Schlimmer et al. render obvious the polymer and/or polymerizable material comprises a mixture of at least two components (Lines 10-12 on page 4 of Rheme et al. disclose a monomer or a plurality of monomers can form the composition of the resin for the hardenable composition and thus would comprise of a mixture of “at least two components” as broadly defined. Alternatively, Rheme et al. disclose the filler can comprise of a thermoplastic and other fillers, such as ceramic particles or copper, and thus would comprise of at least two components within such a polymer material. Furthermore, lines 19-20 of page 33 of Rheme et al. disclose two-component systems can be used for such a resin.).
Regarding claim 19, Rheme et al. in view of Schlimmer et al. render obvious the two components are not completely cross-linked (Lines 15-17 of page 42 of Rheme et la. disclose the two components of the resin are to at least partially cross-link with one another and thus need not completely cross-link to provide such a connection. Alternatively, where the filler elements of the material are thermoplastic, copper or aluminum, and/or ceramic, such filler elements would not completely cross-link with the rest of the resin material of the mixture of Rheme et al.).
Regarding claim 20, Rheme et al. in view of Schlimmer et al. render obvious the polymer and/or polymerizable material is hardenable by a chemical reaction such as curing, especially cross-linking (lines 5-7 of page 11 of Rheme et al. disclose the vibration is provided to sufficiently cross-link the polymer material of the composition).
Regarding claim 21, Rheme et al. in view of Schlimmer et al. render obvious the hardenable composition comprises a mortar (the resin material of the composition #3 of Rheme et al. can be considered a polymer mortar since it bonds the objects to one another and since Applicant does not further define the structure or composition of such a “mortar”).
Regarding claim 22, Rheme et al. in view of Schlimmer et al. render obvious the hardenable composition is liquid or pasty and is inserted into the opening by being dispensed into the opening or onto the insert portion from a dispensing device (Lines 13-20 of page 4 of Rheme et al. disclose the resin can be formed as a mixture to form an emulsion (in a non-solid state) and the vibration promotes mixing to trigger a reaction in the resin. The Examiner takes Official Notice that dispensing devices are commonly known and used in the art in order to apply liquids to specific areas and it would have been obvious before the effective filing date of the claimed invention to have used a dispensing device to dispense the liquid/pasty composition within the opening of Rheme et al. in view of Schlimmer et al. in order to better position and properly install such a composition for connection purposes.).
Regarding claim 23, Rheme et al. in view of Schlimmer et al. render obvious the hardenable composition is in a solid state and is provided as a hardenable composition element (Lines 8-13 of page 6 of Rheme disclose the composition can be placed so as to be almost solid. Alternatively, Schlimmer et al. depicts in figure 5 the obviousness of such a composition be applied in a solid state as well, where the vibration step liquifies the composition so that it can later cure and provide the connection in a solid state again.).
Regarding claim 24, Rheme et al. in view of Schlimmer et al. render obvious the step of causing mechanical vibration energy to impinge in a first stage causes a viscosity of the hardenable composition to be decreased compared to an initial viscosity and in a second stage causes the viscosity of the hardenable composition to be raised by the hardening process above the initial viscosity to yield the hardened composition (The composition #3 of Rheme et al. can comprise of a prepolymer in a flowable state that is capable of changing irreversibly into a polymer by curing. Activation of the composition #3 is done by reducing the viscosity of the composition and then allowing mixing to at least partially cross-link the composition and increase the viscosity so as to secure the first and second objects to one another so that the viscosity is greater than the initial viscosity in the flowable state. See lines 20-21 of page 3, lines 13-20 of page 4, and the abstract.).
Regarding claim 25, Rheme et al. in view of Schlimmer et al. render obvious the hardenable composition has a temperature dependent viscosity, with the viscosity decreasing with increasing temperature (lines 20-21 of page 3 of Rheme et al. disclose the viscosity of the composition is to decrease upon activation of the vibration, where such vibration increases the temperature of the assembly).
Regarding claim 26, Rheme et al. in view of Schlimmer et al. render obvious the hardenable composition is thixotropic (see lines 6-7 of page 7 of Rheme et al.).
Regarding claim 28, Rheme et al. in view of Schlimmer et al. render obvious the first object is metallic or of a cured polymer (Lines 11-14 of page 25 of Rheme et al. disclose the objects can be metal or ceramic, where the bottom of page 5 of the English translation of Schlimmer et al. similarly discloses the obviousness of using metal for the first object).
Regarding claim 29, Rheme et al. in view of Schlimmer et al. render obvious the first object is a sonotrode (The first object of Rheme et al. can be considered to comprise of the first object #2 with a sonotrode #6 attached thereto, as depicted in figure 1. Alternatively, Schlimmer et al. similarly disclose the obviousness of forming the first object using sonotrode #9 and element #6).
Regarding claim 30, Rheme et al. in view of Schlimmer et al. render obvious the second object comprises any of stone, concrete, ceramics, glass or any combination thereof (Lines 11-14 of page 25 of Rheme et al. disclose the objects can be formed from ceramic.).
Regarding claim 31, Rheme et al. in view of Schlimmer et al. render obvious the second object is porous (Lines 9-14 of page 25 of Rheme et al. disclose the objects can comprise of a certain porosity, such as by using wood).
Regarding claim 32, Rheme et al. in view of Schlimmer et al. render obvious the second object has at least one macroscopic hollow space that opens into the opening (the bottom of page 5 of the English translation of Schlimmer et al. disclose the walls of the recess #2 of the second object can comprise of open pores or other cavities which the composition #5 can penetrate into, where it would have been obvious to similarly include such a macroscopic hollow space within the opening of the second object of Rheme et al. in view of Schlimmer et al. in order to increase the connection strength between such elements of the assembly.).
Regarding claim 33, Rheme et al. in view of Schlimmer et al. render obvious providing the first object comprises providing the first object pre-assembled with the hardenable composition at least partially surrounding the insertion portion (lines 10-11 of page 6 of Rheme et al. disclose the composition can be pre-applied to either of the first or second objects).
Regarding claim 34, Rheme et al. in view of Schlimmer et al. render obvious the step of inserting the hardenable composition in the opening is carried out prior to the step of inserting the insert portion in the opening, and wherein the step of inserting the hardenable composition in the opening results in the hardenable composition at least partially lining an opening wall of the opening and/or at least partially filling the opening (Lines 10-11 of page 6 of Rheme et al. disclose the composition can be pre-applied to either of the first or second objects, where figures 1-4 of Schlimmer et al. depict the composition can be pre applied to the opening prior to insertion of the insert portion within such an opening so as to line the walls of the opening and where such features would be provided within Rheme et al. as explained above.).
Regarding claim 35, Rheme et al. in view of Schlimmer et al. render obvious the hardenable composition is provided as a dimensionally stable item capable of being assembled with the first object and/or of being inserted into the opening (Lines 10-11 of page 6 of Rheme et al. disclose the composition can be pre-applied to either of the first or second objects and thus be dimensionally stable thereon, where Schlimmer et al. teach the obviousness of providing the composition in the opening in figure 1 and being dimensionally stable therein.).
Regarding claim 36, Rheme et al. in view of Schlimmer et al. render obvious the dimensionally stable item is a sleeve or plug (figure 1 of Schlimmer et al. depict the composition can be a dimensionally stable sleeve within such an opening of the second object, where such features would be provided within Rheme et al. as explained above).
Regarding claim 37, Rheme et al. disclose a method of anchoring a first object (#2) in a second object (#1), the method comprising the steps of:
providing the second object (#1);
providing the first object (#2);
inserting a hardenable composition (#3) between the first and second objects (see figure 26);
causing mechanical vibration energy to impinge on the first object to cause the hardenable composition to undergo a chemical hardening process to yield a hardened composition, the chemical hardening process taking place while the hardenable composition is between the first and second objects (mechanism #6 is used to press the first object #2 into the second object #1 and vibrate the interface between such elements so as to cause the composition #3 to become well distributed and embed any structure of the attachment surfaces and stimulate the curing process of the composition (see end of page 26), where the composition is activated with such vibration and cross-linking of the composition to thus form a chemical hardening process (see the top of page 20));
whereby a first connection between the first object and the hardened composition, the first connection comprising a positive-fit connection, results, (see lines 15-18 of page 5) and additionally a second connection between the hardened composition and the second object results (see figure 26, where the hardened composition #3 can be used to connect the first #2 and second #2 objects to one another with the projections #141 of each object embedded within the composition and connected to the opposite object).
Though Rheme et al. disclose multiple types of connections which can occur between the first and second objects using the hardenable composition #3 and that such a connection can comprise of a positive-fit connection with undercuts (see lines 15-18 of page 5), Rheme et al. do not specifically disclose the second object comprises an opening and the first object comprises of an insertion portion that defines an insertion axis so that the hardenable composition and insert portion can be received within the opening of the second object and connected to one another therein. It is highly well known in the art, as evidenced by Schlimmer et al., that first #6 and second #1 objects can be coupled to one another using a hardenable composition #5, where the first object #6 comprises of undercut portions #6 on an insertion portion that is configured to be received within an opening #2 of the second object #1, along with the hardenable composition #5, such that when vibration is provided by mechanism #9, the composition #5 is allowed to heat up and flow between the first and second objects and then harden in order to connect such elements to one another. See figures 1-4. Therefore, it would have been obvious before the effective filing date of the claimed invention to have used the connection method of Rheme et al. to attach first and second objects to one another such that the insertion portion of a first object and hardenable composition are inserted into an opening of the second object and connected thereto after vibration of such an interface, as taught in Schlimmer et al., in order to increase the connection strength between the first and second objects to prevent removal from one another.
Claim(s) 27 is rejected under 35 U.S.C. 103 as being unpatentable over Rheme et al. in view of Schlimmer et al. and Germann et al. (U.S. Publication 2016/0341234).
Regarding claim 27, Rheme et al. in view of Schlimmer et al. render obvious the claimed invention except for the insertion portion comprises outer surfaces forming an undercut with a thread. However, it is highly well known in the art, as evidenced by Germann et al., that a first object #3 can be attached to a second object #1 using thermoplastic material and vibrations to bond the first and second objects to one another, where the core #5 of the first object #3 can comprise of a rod with a thread (see paragraph 80) that is to be embedded within the thermoplastic material #5 and thus interpenetrate such threading locking features and secure the first and second objects to one another. Therefore, it would have been obvious before the effective filing date of the claimed invention to have constructed threads on the first object of Rheme et al., as taught in Germann et al., in order to increase the connection strength between the hardenable composition and the first object.
Response to Arguments
Applicant’s arguments, see Remarks, filed 01/19/2026, with respect to the rejection(s) of claim(s) 1-36 under each primary reference have been fully considered and are persuasive. Such primary references of the previous Office Action all use thermoplastic hardenable compositions which are not chemically hardened when cured as presently defined. Therefore, the rejections have been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Rheme et al. The Rheme et al. reference teaches how such a cross-linked, chemical hardenable process to harden such a composition is known and used in the art to attach first and second objects to one another and thus renders such features obvious as explained above.
Conclusion
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/THEODORE V ADAMOS/Primary Examiner, Art Unit 3635