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 Status
Claims 2-3, 5-9, 11-12, 17, 19, 22-23, 26-27 and 30-31 have been canceled. Claims 1, 4, 10, 13-16, 18, 20-21, 24-25, 28-29 and 32-44 are pending.
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.
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.
Claims 1, 4, 35 and 38 are 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.
Claim 1 recites the limitation "the at least one holding strap" in the last two lines. There is insufficient antecedent basis for this limitation in the claim.
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 (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 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(s) 1, 4, 35 and 38 is/are rejected under 35 U.S.C. 102(a) (1) as being anticipated by Schneider et al. (US 5655265) (Schneider).
Schneider discloses an anchoring assembly (see Fig. 1, 2A-C and 2A-C) for securing a holding strap to a storage tank, the anchoring assembly comprising: a base (slider section 2) that is connectable to a top surface of the storage tank, the base comprising a seat member (tightener connection or elongated plate member 28 on element 2) extending upwardly from the top surface of the storage tank; and a sole member (first rubber pad 88) having a lower surface that rests onto the top surface of the tank, the sole member being arched (see column 4, lines 64-66, “The rubber pad … helps the assembly conform tightly to the curvature of the fiberglass tank”) along a transverse direction of the tank to follow a curvature of the top surface of the tank; an anchor (second slot section 16) that is reversibly secured to the base and positionable in a transverse direction of the storage tank, the anchor comprising: a hook component (J-groove 18) being configured to anchor a proximal end of the holding strap; and a tightening mechanism (pin 434 and respective holes in section 2 and anchor 16 forms one type of tightening mechanism while tightener connections 28 form another tightener mechanism, see column 3, lines 27-40 and column 4, lines 54-61) that is connected to the hook component and being supported above the top surface of the storage tank by the seat member of the base, wherein the tightening mechanism is actuable to move the hook component with respect to the top surface of the storage tank, thereby modifying a tension of the holding strap.
Re claim 4, the base further comprises a sole member (lower plate 88 of base with lower surface) having a lower surface that rests onto the top surface of the storage tank, and the seat member protruding from an upper surface of the sole member.
Re claim 35, the tightening mechanism which includes the holes in anchor 16 is directly connected to the hook component (j-groove 18).
Re claim 38, the sole member 88 is slidably engaged with the top surface of the tank via surface friction (insofar as element 2 is a slider section which indicates that it slides with respect to the tank).
Allowable Subject Matter
Claims 10, 13-16, 18, 20-21, 24-25, 28-29, 32-34, 36-37 and 39-44 are allowed.
REASONS FOR ALLOWANCE
The following is an examiner’s statement of reasons for allowance:
Regarding claim 10, claim 10 requires that the hook component defines a loop which is engageable to the holding strap. Freigeber (De 102008011769) which discloses a loop type hook component doesn’t disclose a hook component that acts as an anchor that is reversibly secured to a base. Additionally, applicant’s remarks submitted 15 October 2025 with respect to Watson et al. (US 2014/0145058) (Watson) indicate that the hook component and anchor of Watson is not reversibly secured to a base because the securement is permanent. Neither Watson or Schneider et al. (US 5655265) (Schneider) disclose the loop type hook component. Therefore, claim 10 is allowable.
Regarding claim 18, claim 18 requires that the tightening mechanism comprises a travelling member and a rotating member. Even though this type of tightening mechanism is disclosed by Watson, applicant’s remarks submitted 15 October 2025 with respect to Watson et al. (US 2014/0145058) (Watson) indicate that the hook component and anchor of Watson is not reversibly secured to a base because the securement is permanent. Schneider fails to disclose a tightening mechanism comprises a travelling member and a rotating member. Therefore, claim 18 is allowable.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Response to Arguments
Applicant’s remarks with respect to Watson are persuasive and the rejections applying Watson have been withdrawn.
Applicant's arguments filed 15 October 2025 have been fully considered but they are not persuasive. To address one point of confusion: Applicant believes that the slider section 2 and both slider feet 32, 34 of Schneider are directly mounted on the strap. However, this is not correct. It is the J-shaped grooves 6, 18 which each receive an eye end of a fiberglass strap (split strap) (see column 4, lines 11-14). There is no strap shown in Fig. 1 or anywhere else in the drawings. Rather, Fig. 1 shows that various tank diameters (by three different curved lines) can be accommodated by the assembly as the rotation at the pin 434 connection allows the slider feet 32, 34 to change angular position with respect to the slider section 2.
Applicant notes that Schneider’s “tightening action” is achieved through the relative movement of the strap ends within the buckle assembly as stated on page 8, last paragraph, first sentence of applicant’s remarks submitted 15 October 2025. Applicant is referring to Schneider’s “tightening action” and this seems likely an admission.
The locking pin 434 and tightener connections 28 merely hold the strap in position in tighter or looser, adjustable configurations and therefore, modify strap tension as the holes for the pin 434 and the pin 434 allow disassembly and reassembly into different looser and tighter configurations. The J-hooks 18 are attached components to the respective first and second slot sections 4, 16. The slot sections 4, 16 are moved closer, tightening, or moved further, loosening, from each other. The strap ends engaged within the J-hooks 18 and the strap ends move with the J-hooks to tighten or loosen the strap’s tension. The Office agrees that the tightening mechanism of the invention is different from Schneider’s tightening mechanism. However, this difference is not defined in claim 1.
The base of Schneider is connectable to a top tank surface by the tension applied by the tightening mechanism in conjunction with the strap as the assembly and strap are secured to the tank by squeezing the tank so tightly as to be connected thereto. The slider section 2 and slider feet 32, 34 all slide when loose tension is applied allowing movement and alignment by sliding. The base maybe further attached as by welding or mechanical fasteners, e.g., bolts.
For these reasons the rejection of Schneider has been maintained.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEPHEN J CASTELLANO whose telephone number is (571)272-4535. The examiner can normally be reached Monday - Friday.
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sjc/STEPHEN J CASTELLANO/ Primary Examiner, Art Unit 3733