DETAILED ACTION
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description:
[0092], “anchor part 15” – note that per [0092], the ball stud and the anchor part are distinct elements and therefore each requires its own call out number. Not only 15 not present in the drawings, there is also no reference numeral assigned to the ball stud.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The amendment filed 5 June 2026 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows: “anchor part” in para. [0092] – note that [0092] recites, “In the mounted state of the suspension shoe 11, the anchor part 15 projects rearward from the outside of the building 3” whereas the ball stud is shown in Figs. 6 and 7 as penetrating the concrete. Therefore, amending to replace the term “ball stud” with “anchor part” expands the scope of the term “anchor part” beyond that of the originally filed disclosure and is thus new matter.
Applicant is required to cancel the new matter in the reply to this Office Action.
Claim Objections
Claim 7 is objected to because of the following informalities: there is no antecedent basis for “the receiving groove” in line 2.
Appropriate correction is required.
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 1-3, 7, and 30 are rejected under 35 U.S.C. 103 as being unpatentable over Hobmeier (US20090173574) in view of Hsu (US20140056669).
1: A suspension shoe (Fig. 1, 20.1) for use in a climbing unit having a first climbing component, and a second climbing component movable along a climbing rail, the suspension shoe (20.1) comprising: an anchor (Fig. 6, 76) for anchoring in a concreting portion of a building and a suspension part (Fig. 6, 20) connected to the anchor, wherein the suspension part has a first mount (see middle protruding part of flange 20 in Fig. 6, also see Fig. 2) for releasably holding the first climbing component (26) of the climbing unit, and a second mount (see top part of flange 20 in Fig. 6, also see Fig. 1) for releasably holding the second climbing component (18) of the climbing unit.
Hobmeier fails to disclose wherein the suspension part is tiltably connected to the anchor, wherein the anchor comprises a ball element and the suspension part comprises a ball socket, and wherein the ball element of the anchor is tiltably arranged in the ball socket of the suspension part. Hsu teaches, in the context of concrete anchors, wherein a suspension part (4) is tiltably connected to the anchor (33), wherein the anchor comprises a ball element (33) and the suspension part comprises a ball socket (31), and wherein the ball element of the anchor is tiltably arranged in the ball socket of the suspension part (Fig. 4 of Hsu). It 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 to have included wherein the suspension part is tiltably connected to the anchor, including about a horizontal axis in the suspension shoe of Hobmeier according to the teachings of Hsu in order to achieve firm contact between the anchor and the suspension part regardless of engaging angle, see [0017] of Hsu.
2: Hobmeier in view of Hsu disclose the suspension shoe according to claim 1, wherein the first mount has a first holding opening (see hole in middle protruding part of flange 20 in Fig. 6, also see Fig. 2) for the passage of a first holding bolt and/or the second mount has a second holding opening (see hole in top part of flange 20 in Fig. 6, also see Fig. 1) for the passage of a second holding bolt, and wherein the first climbing component is a climbing rail (26), and wherein the second climbing component of the climbing unit is the climbing carriage (18).
3: Hobmeier in view of Hsu disclose the suspension shoe according to claim 1, wherein the first and the second mounts are provided substantially at the same height on both sides of the anchor (see Fig. 1, note that that first and second mounts are at substantially the same height, defined by the space between the ends of the call out lines to 16.1 and 20.1).
7: Hobmeier in view of Hsu disclose the suspension shoe according to claim 1, wherein the suspension part has a base plate, in which the receiving groove and/or the ball socket are integrated (see base plate 31 in Fig. 4 of Hsu).
30: Hobmeier in view of Hsu disclose the suspension shoe according to claim 1, wherein a suspension part (4) is tiltably connected to the anchor (33) about a horizontal axis, see e.g., [0017] of Hsu: “The spherical nut and the spherical washer are able to firmly contact with each other in any engaging angle during screwing the concrete bolt assembly”.
Allowable Subject Matter
Claims 8-10 and 12-19 are allowed.
Claims 6 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten to overcome the rejections and in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant's arguments filed 5 June 2026 have been fully considered but they are not persuasive.
Applicant initially argues that Hsu is non-analogous with respect to Hobmeier. Specifically, Applicant argues that because Hobmeiers system involves “massive loads” that require “strict angular stability”, it is improper to look to Hsu because Hsu teaches a “simple concrete bolt assembly”. However, per MPEP 2141.01(a), “A reference is analogous art to the claimed invention if: (1) the reference is from the same field of endeavor as the claimed invention (even if it addresses a different problem); or (2) the reference is reasonably pertinent to the problem faced by the inventor (even if it is not in the same field of endeavor as the claimed invention)”. Here, both Hsu and Hobmeier disclose securing a bracket to concrete with an anchor and are thus in the same field of endeavor.
Applicant next argues that incorporating Hsu into Hobmeier would render Hobmeier inoperable for its intended purpose. Specifically, Applicant alleges that Hsu teaches a “freely tiltable ball and socket joint”. This argument is unpersuasive because once the nut of Hsu is tightened, the ball and socket joint is no longer freely tiltable.
In response to applicant's last argument that the references fail to show certain features of the invention, it is noted that the feature upon which applicant relies, i.e., the suspension part (and/or the ball element) being spaced from the concrete wall (and/or the ball stud), is not recited in the rejected claim. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Conclusion
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 nonprovisional extension fee (37 CFR 1.17(a)) 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 Ben Pezzlo whose telephone number is (571)272-9656. The examiner can normally be reached M to Th 7 to 5.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Daniel Cahn can be reached at (571) 270-5616. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/BAP/Examiner, Art Unit 3634
/COLLEEN M CHAVCHAVADZE/Primary Examiner, Art Unit 3634
Prosecution Insights