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 .
Response to Amendment
The amendment filed on 5/19/26 has been entered and fully considered. Claims 14-15, 18, 20-25, 27, 30, 32, 34, 37 and 40 stand pending.
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.
Claims 14 and 40 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Juedes et al. US 2004/0099785 A1 (hereinafter ‘Juedes’).
In regard to claim 14, Juedes teaches a rebar installation device (100), comprising:
an upper rebar-engaging body (120, 130) defining an upper rebar-receiving cavity (132) configured to receive an upper rebar in a first longitudinal direction (see fig. 2); and
at least two supporting members (150) secured to or formed integral with the upper rebar-engaging body, said at least two supporting members being spaced apart from each other (fig. 1);
wherein each of said at least two supporting members defines a lower rebar-receiving cavity (152); and wherein the lower rebar-receiving cavities of said at least two supporting members are in register with each other (as seen in figs. 1, 4) and are configured to receive a lower rebar in a second longitudinal direction substantially parallel to the first longitudinal direction (see fig. 5).
In regard to claim 40, Juedes teaches the device is for use in forming concrete structures (see Abstract).
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 37 is rejected under 35 U.S.C. 103 as being unpatentable over Juedes as applied to claim 14 above.
In regard to claim 37, Juedes teaches a method of installing upper and lower rebars in a concrete structure form space at least partially delimited by a form floor (See [0013]), the method comprising:
providing the device of claim 14 (See above);
engaging the lower and upper rebar as claimed (see fig. 5) -note that rebar 510 and 530 extend in two parallel longitudinal directions.
It would have been obvious, to one of ordinary skill in the art to arrange the device of Juedes on the floor of the concrete form so as to support it in the event the tendons are not present or needed.
Allowable Subject Matter
Claims 15, 18, 20-25, 27, 30, 32 and 34 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art of record does not teach or suggest the rebar installation as recited in claim 14 wherein the two upper rebar engaging members are slightly inclined in two opposed directions with respect to a vertical direction as recited within the context of the claim.
Response to Arguments
Applicant’s arguments have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAOLA AGUDELO whose telephone number is (571)270-7986. The examiner can normally be reached 8AM - 5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian E Glessner can be reached at 571-272-6754. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PAOLA AGUDELO/Primary Examiner, Art Unit 3633
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