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 .
DETAILED CORRESPONDENCE
This communication is a second Office Action on the Merits. Claims 1-18, as amended 01 APR. 2026, are pending and have been considered as follows; Cl. 7-18 remain withdrawn as previously detailed:
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.
Claim 1-6 rejected under 35 U.S.C. 102(a)(1) as being anticipated by Agee US 20170268235 A1.
As per claim 1 Agee teaches a centralizer (“CENTRALIZER” title) for centering rebar within a bore hole, the centralizer (“CENTRALIZER” title) comprising:
a first sleeve section (first collar 114, FIG. 3), the first sleeve section (first collar 114, FIG. 3) comprising a first aperture (area inside 114 encompassing member 102, FIG. 3), a referential central axis (central axis of member 102, FIG. 3) of the centralizer (“CENTRALIZER” title) passing through the first sleeve section (first collar 114, FIG. 3), the referential central axis (central axis of member 102, FIG. 3) being a straight line (see FIG. 3; the line approximated by member 102 is recognized as a straight line), and the centralizer (“CENTRALIZER” title) configured to receive the rebar along the referential central axis (central axis of member 102, FIG. 3);
a second sleeve section (second collar 116, FIG. 3), the second sleeve section (second collar 116, FIG. 3) comprising a second aperture (011)(area inside 116 encompassing member 102, FIG. 3) through which the referential central axis (central axis of member 102, FIG. 3) passes, and the second sleeve section (second collar 116, FIG. 3) spaced from the first sleeve section (first collar 114, FIG. 3) in a direction along the referential central axis (central axis of member 102, FIG. 3); and
a radially protruding section (protruding portion arms 112, FIG. 3), directly or indirectly connected to the first sleeve section (first collar 114, FIG. 3) and the second sleeve section (second collar 116, FIG. 3), an outer surface of the radially protruding section (protruding portion arms 112, FIG. 3) configured to form a convex surface that extends radially outwardly from the referential central axis (central axis of member 102, FIG. 3);
the first sleeve section (first collar 114, FIG. 3) comprising a first threaded interior surface (protrusions 128, FIG. 3) configured to engage a threaded outer surface of the rebar and to impede the ability of the rebar to slip (see “prevent slippage” [0043]) through the first sleeve section (first collar 114, FIG. 3) along the referential central axis (central axis of member 102, FIG. 3); and
the radially protruding section (protruding portion arms 112, FIG. 3) configured to be provided in a configuration so that an outer surface of the radially protruding section (protruding portion arms 112, FIG. 3) extends beyond (see FIG. 3) the outer surface of the first sleeve section (first collar 114, FIG. 3) and the outer surface of the second sleeve section (second collar 116, FIG. 3) in a direction radially outwardly from the referential central axis (central axis of member 102, FIG. 3).
As per claim 2 Agee teaches the centralizer (“CENTRALIZER” title) of claim 1, wherein the radially protruding section (protruding portion arms 112, FIG. 3) comprises a plurality of a radially protruding elements (arms 112, FIG. 3), and the plurality of a radially protruding elements (arms 112, FIG. 3) curve outwardly from the referential central axis (central axis of member 102, FIG. 3).
As per claim 3 Agee teaches the centralizer (“CENTRALIZER” title) of claim 2, wherein the radially protruding elements (arms 112, FIG. 3) are equally spaced (see four elements spaced equally around the bar 102, FIG. 3) along the circumference of a circle concentric with the referential central axis (central axis of member 102, FIG. 3).
As per claim 4 Agee teaches the centralizer (“CENTRALIZER” title) of claim 1, wherein the centralizer (“CENTRALIZER” title) comprises a minimum of four radially protruding elements (arms 112, FIG. 3).
As per claim 5 Agee teaches the centralizer (“CENTRALIZER” title) of claim 1, wherein the centralizer (“CENTRALIZER” title) comprises a plurality of a radially protruding elements (arms 112, FIG. 3) extending lengthwise between the first sleeve section (first collar 114, FIG. 3) and the second sleeve section (second collar 116, FIG. 3).
As per claim 6 Agee teaches the limitations according to claim 1, wherein the centralizer (“CENTRALIZER” title) consists of one and only one piece comprising the first sleeve section , the second sleeve section , and the radially protruding section (protruding portion arms 112, FIG. 3) (see “The first and second neck portions, the first and second semi-annular shoulders and the arm can be formed as a single integral member” [0050]).
Response to Arguments
Applicant's arguments filed 01 APR. have been fully considered but they are not persuasive.
As per the argument:
The Examiner has alleged that Agee's "protrusions 128" teach the claimed "first threaded interior surface." Office Action, page 4. However, Agee's protrusions 128 are discrete protrusions extending from the inner surface of neck portions-not a threaded interior surface. Agee describes "a protrusion 128" that is "operable to engage the outer surface of the reinforcing member 102 to help prevent slippage." Agee, paragraph [0043]. A discrete protrusion is structurally distinct from a threaded interior surface as recited by claim 1.
the Examiner submits applicant is interpreting the claims too narrowly. Applicant alleges, citing Agee, that the “protrusion 128” is "operable to engage” the reinforcing member and then argues the invention is “specifically configured to engage” a similar member. Applicant’s description of the invention mirrors the reference, whereby both present an outer member that is configured to engage an encapsulated member. The protrusion engages the threaded outer surface of the rebar, thus it is considered to be a threaded interior surface, which impedes the sleeve section from moving.
As per Applicant’s supposition that “discrete protrusion is structurally distinct from a threaded interior surface” the Examiner submits the claims do not define over a surface or section capable of being used “to impede the ability” of a rebar. The device as cited meets this limitation.
As per the argument:
Agee confirms that its centralizer requires external fastening means
the Examiner submits the claims merely require a capability to engage.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Fey US 20120233956 A1 teaches a device configured to engage threaded rebar rods
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THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH J SADLON whose telephone number is (571)270-5730. The examiner can normally be reached on M-F 8AM-5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, BRIAN D MATTEI can be reached on (571)270-3238. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JJS/
/BRIAN D MATTEI/Supervisory Patent Examiner, Art Unit 3635