DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
2. Claims 1-4, 6-20 as filed on 02/03/2026 are pending and herewith considered as indicated below. Claim 5 has been cancelled as of 02/03/2026.
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.
3. Claims 10 and 17 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.
In regards to Claim 10, “said tapered inner chamber wall” in line 3 lacks proper antecedent basis. It appears said tapered inner chamber wall is intended to recite “said inner chamber wall”.
In regards to Claim 17, “said tapering” in line 2 lacks antecedent basis. It appears said tapering is intended to recite “tapering”.
In regards to Claim 17, “the shape” in line 3 lacks antecedent basis. It appears the shape is intended to recite “said inner chamber wall”.
Claim Rejections - 35 USC § 103
4. 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 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.
6. Claim(s) 1-4, 6-20 are rejected under 35 U.S.C. 103 as being unpatentable over Aral et al. (US 9,315,998) (hereinafter Aral) in view of Cleton Cornelis (EP 0232944 A2)(Herein Cleton).
In regards to Claim 1, Aral discloses a cable lock off block (1) [Fig 4], for repairing of post-tensioned tendons (5a) [Fig 1], comprising:
an anchor body [Fig 1] having a first wall or surface [Fig 1] , an opposing second wall or surface [Fig 1] , a closed end [Claim 8], and open end [Claim 1] [Figs 1-2] ,
an elongated slot (4) defining an inner chamber (3) [Fig 7] within said anchor body [Fig 1], said inner chamber (3) [Fig 7] having one or more continuous walls free of surface cavities [Fig 7, showing free of surface cavities] and is sized and shaped [Fig 7] [Col 7, Lines 3-6] to receive one or more adjustably positioned post-tensioned cable engaging devices (11) [Fig 7) , said elongated slot (4) extending a distance within said anchor body [Figs 1-2] and terminating in a first opening [Unnumbered, Figs 1-2] (see examiners comments) along said first wall [Abstract] or surface and a second opening [Unnumbered, Figs 1-2] (see examiners comments) along said second wall [Abstract] or surface, said elongated slot (4) having a width to accommodate one or more of post-tensioned tendons (5a) under full tension [Col 7, Lines 64-67];
said one or more adjustable post-tensioned cable engaging devices (11) constructed and arranged to engage with an individual post-tensioned tendon (5a) of the one or more post-tensioned tendons (5a), said one or more adjustable post-tensioned cable engaging device (11) comprising a wedge shaped body [Fig 7, Showing Body Configuration] having an overall configuration having a first end which is larger [Unnumbered, Fig 7, Top Portion] (see examiners comments) than a second end [Unnumbered, Fig 7, Bottom Portion] (see examiners comments), said wedge shaped body [Fig 7, Showing Body Configuration] defined by at least a first member [Unnumbered, Orientation Dependent, Fig 7] (see examiners comments) [Col 5, Lines 29-62] having a an interior side [Fig 7] which is sized and shaped to partially surround or engage [Fig 7, Showing engagement] with one of said post-tensioned tendons (5a) [Fig 1] and a plurality of exterior sides [Unnumbered, Fig 7] (see examiners comments) and said interior sides having a partial circular configuration [Fig 2, Showing element 11 having an interior circular configuration].
However, Aral fails to disclose each one of said of plurality of exterior sides being flat.
Furthermore, Cleton discloses each one of said of plurality of exterior sides [Exterior Surfaces of Elements 22, 23, Figs 13-16] being flat [Fig 13-16, Showing Element 22 is flat].
However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the wedgeshaped body (specifically, the exterior sections of the member) of Aral to have flat exterior shapes in shape as disclosed by Cleton in order to allow for additional wedge bodies to be used concurrently. When modified, the edges of the wedge body member would be flat in shape allowing for a stacking shipping mechanism for ease of shipping and transportation to the job site.
In regards to Claim 2, Aral as modified discloses the cable lock off block (1) [Fig 4] for repairing post-tensioned tendons (5a) [Fig 1] according to claim 1, wherein said one or more adjustable post-tensioned cable engaging device (11, Aral) body [Fig 7, Aral], (22,23, Cleton) comprising a second member [Unnumbered, Fig 7, Bottom Portion, Aral] (23, Cleton), said second member [Unnumbered, Fig 7, Bottom Portion, Aral] [Col 5, Lines 29-62, Aral], (23, Cleton) having an interior side [Fig 7, Aral] (Fig 13, Cleton] which is sized and shaped to partially surround or engage[ Fig 7, Showing engagement, Aral] [Fig 13-16, Cleton] with one of said post-tensioned tendons (5a, Aral) [Fig 1, Aral] (5, Cleton) and a plurality of exterior sides [Unnumbered, Fig 7, Aral] (see examiners comments, Aral) [Unnumbered, Cleton], each one of said of plurality of exterior sides [Unnumbered, Cleton] being flat [Figs 13-16, showing exterior sides are flat] and said interior side [Fig 7, Aral] having a partial circular configuration [Fig 2, Showing element 11 having an interior circular configuration, Aral].
In regards to Claim 3, Aral discloses the cable lock off block (1) [Fig 4] for repairing post-tensioned tendons (5a) [Fig 1] according to claim 1, wherein said interior side is [Fig 7] sized and shaped to correspond with a curvature or diameter [Fig 7, Showing sized and shaped to corresponding tendon diameter] of said one or more post-tensioned tendons (5a) [Fig 1].
In regards to Claim 4, Aral discloses the cable lock off block (1) [Fig 4] for repairing post-tensioned tendons (5a) [Fig 1] according to claim 3 wherein said wedge body [Fig 7]. However, Aral does not disclose a center line with said distant between said center line is 0.5 inches.
However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the cable lock off block of Aral to include a center line at the wedge body in order to ensure sufficient spacing between tendons for accessibility. In general, a change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
In regards to Claim 6, Aral discloses the cable lock off block (1) [Fig 4] for repairing post-tensioned tendons (5a) [Fig 1] according to claim 1. However, does not disclose a distance between a center line of the member and a center line of the second member is 0.50 inches.
However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the cable lock off block of Aral to include center line of the member and a center line of the second member is 0.50 inches in order to ensure sufficient spacing between tendons for accessibility. In general, a change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
In regards to Claim 7, Aral discloses the cable lock off block (1) [Fig 4] for repairing post-tensioned tendons (5a) [Fig 1] according to claim 1, wherein said wedge body (11) [Fig 4] is adjustably and movably (5b) positionable within said elongated slot (4).
In regards to Claim 8, Aral discloses the cable lock off block (1) [Fig 4] for repairing post-tensioned tendons (5a) [Fig 1] according to claim 1 , further including a recessed area (2) [Col. 6, Line 57] [Fig 2].
In regards to Claim 9, Aral discloses the cable lock off block (1) [Fig 4] for repairing post-tensioned tendons (5a) [Fig 1] according to claim 8, wherein said wedge body (11) [Fig 7] is disposed at least partially in the recessed area [Claim 3].
In regards to Claim 10, Aral discloses the cable lock off block (1) [Fig 4] for repairing post-tensioned tendons (5a) [Fig 1] according to claim 14, wherein a taper angle [Fig 7] of said tapered inner chamber wall (3) [Fig 7] corresponds to a taper angle of a tapered wedge body (11) [Fig 4] surface [Fig 7].
In regards to Claim 11, Aral discloses the cable lock off block (1) [Fig 4] for repairing post-tensioned tendons (5a) [Fig 1] according to claim 1, further including a removable object [Col. 8, Lines 14-15] [Figs 14 and 15] (6) secured within said anchor body [Fig 1].
In regards to Claim 12, Aral discloses the cable lock off block (1) [Fig 4] for repairing post-tensioned tendons (5a) [Fig 1] according to claim 1, wherein said removable object (6) is an insert plate [Col. 8, Lines 14-15] [Figs 14 and 15] (6) sized and shaped to be secured (7b) [Col. 7, Lines 18-20] within said
In regards to Claim 13, Aral discloses the cable lock off block (1) [Fig 4] for repairing post-tensioned tendons (5a) [Fig 1] according to claim 8, wherein said recessed area (2) is centered [Col 5, Lines 14-15] transversally about a center of said anchor body [Figs 1 and 7] and offset longitudinally [Fig 10] to accommodate a bolt hole (7a) and a bolt (7b) placed perpendicular to said slot (4) [Figs 2 and 14-16].
In regards to Claim 14, Aral discloses the cable lock off block (1) [Fig 4] for repairing post tensioned tendons (5a) [Fig 1] according to claim 1, wherein said inner chamber wall (3) [Fig 7] is tapered [Fig 7] [Col. 6, Lines 57-58].
In regards to Claim 15, Aral discloses a cable lock off block (1) [Fig 4] for repairing post tensioned tendons (5a) [Fig 1], comprising:
an anchor body [Fig 1] having a first wall or surface [Abstract] [Fig 1], an opposing second wall or surface [Abstract][Fig 1], a closed end [Claim 8], an open end [Claim 8];
an elongated slot (4) defining an inner chamber (3) [Fig 7] within said anchor body [Fig 1], said inner chamber (3) [Fig 7], defined by one or more solid walls or surfaces [Fig 7], is sized and shaped to receive at least one adjustable post-tensioned cable engaging device (11) [Fig 7] [Col 7, Lines 3-6], said elongated slot (4) extending a distance along a length of said anchor body [Fig 1], said elongated slot (4) having a width to accommodate [Fig 7] one or more post-tensioned tendons (5a) [Fig 1] under full tension [Col 7, Lines 64-67];
at least one adjustable post-tensioned cable engaging device (11) comprising a wedge shaped body [Fig 7, Showing Body Configuration] with an overall configuration having a first end [Unnumbered, Fig 7, Top Portion] (see examiners comments) which is larger than a second end [Unnumbered, Fig 7, Bottom Portion] (see examiners comments), said wedge shaped body [Fig 7, Showing Body Configuration] defined by a pair of opposing bodies [First and second portion, Fig 7] sized and shaped to enclose or engage [Fig 7, Showing engagement] with an individual post-tensioned tendon (5a) [Fig 1] of the one or more post-tensioned tendons (5a) [Fig 1], said wedge shaped body [Fig 7, Showing Body Configuration] defined by a pair of opposing partially circular shaped inner surfaces [Fig 2, Showing element 11 having an interior circular configuration] which when said pair of opposing bodies [First and second portion, Fig 7] are placed around said individual post-tensioned tendon (5a) form a circular or partially circular inner surface [Fig 2, Showing Circularly Enclosed] arranged around said tendon (5a), and a plurality of exterior surfaces [Unnumbered, Fig 7].
However, fails to disclose each of said plurality of exterior surfaces defined by non-curved surfaces thereby forming a wedge shape body having flat exterior sides.
Furthermore, Cleton discloses each of said plurality of exterior surfaces [Exterior Surfaces of Elements 22, 23, Figs 13-16] defined by non-curved surfaces [Fig 13 and 15, showing flat surfaces] thereby forming a wedge shape body [See Cleton, Description, Paragraph 25, “The flat sloping surfaces of the wedges 22,23 cooperate with the corresponding flat wedge surfaces in the anchorage housing 1”] having flat exterior sides [Fig 13].
However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the wedge shaped body (specifically, the exterior sections of the member) of Aral to have flat exterior shapes in shape as disclosed by Cleton in order to allow for additional wedge bodies to be used concurrently. When modified, the edges of the wedge body member would be flat in shape allowing for a stacking shipping mechanism for ease of shipping and transportation to the job site.
In regards to Claim 16, Aral discloses the cable lock off block (1) [Fig 4] for repairing posttensioned tendons (5a) [Fig 1] according to claim 15, wherein said inner chamber (3) [Fig 7] is defined by one or more tapered sections [Fig 7] .
In regards to Claim 17, Aral discloses the cable lock off block (1) [Fig 4] for repairing post tensioned tendons (5a) [Fig 1] according to claim 16, wherein said tapering of said inner chamber wall (3) [Fig 7] corresponds the shape of said wedge body (11) [Fig 4].
In regards to Claim 18, Aral discloses the cable lock off block (1) [Fig 4] for repairing post tensioned tendons (5a) [Fig 1] according to claim 15, further including a recessed area (2) [Figs 1 and 7].
In regards to Claim 19, Aral discloses the cable lock off block (1) [Fig 4] for repairing a plurality of post-tensioned tendons (5a) [Fig 1] according to claim 18, wherein said wedge body (11) [Fig 4] is disposed at least partially in said recessed area (2) [Figs 1 and 7].
In regards to Claim 20, Aral discloses the cable lock off block (1) [Fig 4] for repairing post tensioned tendons (5a) [Fig 1] according to claim 15, further including a removable object [Col. 8, Lines 14-15] [Figs 14 and 15] (6) secured within said anchor body [Fig 1], said removable object is an insert plate [Col. 8, Lines 14-15] [Figs 14 and 15] (6) , a bolt, or combinations thereof.
Examiners comments
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367
477
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Aral, Figure 7
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716
490
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Aral, Figures 1-2
Response to Arguments
7. Claim Rejections 35 USC 112: Applicant' s argument with respect to the claims rejected under 35 USC 112 is persuasive and rejection of the claims pursuant to 35 USC 112 is hereby withdrawn.
Furthermore, in regards to Claims 11 and 13, Applicant stated in the remarks dated 02/03/2026 “said slots” as originally disclosed has been amended to disclose “said elongated slots”. However, applicant has amended said Claims 11 and 13 to disclose “said anchor body” in lieu of “said elongated slots”. Examiner understands “said anchor body” is the intended element.
8. Claim Rejections 35 USC 102: Applicant' s argument with respect to the claims rejected under 35 USC 102 have been considered but are not persuasive.
Regarding Claim 1, Applicant argues the wedge element in Aral et al. (US 9,315,998) (hereinafter Aral) was the sole means of securing the subject cables to the temporary anchor body. Furthermore, disclosing the wedge element was conical in shape, forming a continuous circle that completely surrounds and engages the circumference of the post-tensioned cable surface. Furthermore, disclosing the circular nature of the wedge bodies caused issues and hindrance in the ability to temporarily secure tightly bundled cables adjacent or in contact with other cables. Furthermore disclosing, with the circular shape of the wedge bodies a minimum spacing of 0.5 inches between the individual cables were required. The minimum spacing prevented the use of circular wedges to secure individual cables within a bundle because the existing cable spacing is less than 0.5 inches between each cable.
Examiner responds the benefits described by the inventor are noted. However, the benefits do not preclude obviousness as discussed in the above rejection. In response to applicant's argument that a change in wedge body shape would allow for better function by overcoming issues as described above, the fact that the inventor has recognized another advantage which would flow naturally from following the suggestion of the prior art cannot be the basis for patentability when the differences would otherwise be obvious. See Ex parte Obiaya, 227 USPQ 58, 60 (Bd. Pat. App. & Inter. 1985).
Additionally, in response to applicant’s argument that the minimum spacing prevented the use of circular wedges to secure individual cables within a bundle because the existing cable spacing is less than 0.5 inches between each cable, the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981). The combined references would have suggested the proposed combination in the above, for the reasons stated in the above.
9. Claim Rejections 35 USC 103: Applicant' s arguments with respect to all claims have been considered but are not persuasive.
Regarding Claims 4 and 6, Applicant argues Aral et al. (US 9,315,998) (hereinafter Aral) fails to disclose Applicant’s cable lock off block, as specifically set forth in the claims as presented herein, obvious.
Furthermore, Applicant argues the ultimate determination of whether an invention would have been obvious under 35 U.S.C. 103 is a legal conclusion based on the factual findings, e.g. (1) scope and content of the prior art; (2) the level of ordinary skill in the prior art; and (3) the differences between the claimed invention and the prior art.
Furthermore, Applicant argues it is necessary that the examiner find, and be supported by evidence or explanation, all patent claims at issue, and find that a person of skill in the art in a way that would have been motivated to combine the prior art in a way that is claimed by the claims at issue and has a reasonable expectation of success.
Examiner responds the arguments have been considered and are addressed by the remarks regarding 35 USC 102 above.
10. Applicant’s arguments regarding all dependent claims are addressed by the above.
Conclusion
11. 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.
12. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZAKARIA K. AL-ASWAR whose telephone number is (571)272-6335. The examiner can normally be reached M through F 7:30 to 5PM.
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, Brian Mattei can be reached at 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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/Z.K.A./Examiner, Art Unit 3635
/KYLE J. WALRAED-SULLIVAN/Primary Examiner, Art Unit 3635