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 1-20 as filed on 03/01/2025 are pending and herewith considered as indicated below.
Drawings
3. The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters 47, 42, 27 have both been used to designate the outer annular perimeter edge [Fig. 3].
The drawings are objected to because unreadable elements [Figs. 3 and 5] and page numbers 5-10. See examiner comments below. 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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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.
Claim Objections
4. Claim 18 is objected to because of the following informalities: Including reference character 19 from the figures. Reference characters corresponding to elements recited in the detailed description of the drawings and used in conjunction with the recitation of the same element or group of elements in the claims should be enclosed within parentheses so as to avoid confusion with other numbers or characters which may appear in the claims. See MPEP § 608.01(m).
Appropriate correction is required
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.
5. Claims 1-20 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 1, claim 1 recites “said foundation” throughout which lacks proper antecedent basis. It should read, “said cementitious foundation.”
In addition, Claim 1 recites, “their” in line 13, but it is unclear what element this language refers to because numerous are previously introduced. It appears it is referring to, “said legs.”
In addition, Claim 1 recites, “said foundation perimeter surface” in clause d which lacks proper antecedent basis. It should read, “said perimeter face.”
In regards to Claim 6, claim 6 recites “said foundation” in the last line which lacks proper antecedent basis. It should read, “said cementitious foundation.”
In regards to Claim 7, claim 7 recites “said foundation” in the last line which lacks proper antecedent basis. It should read, “said cementitious foundation.”
Claims 2-5 and 8-20 are rejected as being dependent on a rejected claim.
Claim Rejections - 35 USC § 103
6. 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.
7. 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.
8. Claim(s) 1-9 and 11-20 are rejected under 35 U.S.C. 103 as being unpatentable over Lutz et al. (US 2005/0011157 A1) (Herewith after Lutz) in view of Thomas Barth McClain (US 2009/0165409 A1) (Herewith after McClain)
In regards to Claim 1, Lutz discloses A connection anchoring an anchored structural member (54 and 55) to an anchoring [Fig 8] structural member with a connector (10), comprising: a. the anchoring structural member which is a cementitious foundation (57) having a generally horizontal top surface [Fig 8] and a perimeter face [Fig 8] that meets said top surface [Fig 8] at a perimeter edge [Fig 8]; b. an anchored structural member (54 and 55), having a lower support member (54) having a top face [Fig 8] and a side surface [Fig 8], wherein c. said connector (10) includes an embedment member [unnumbered] [0025] [Figs 1-4] (see examiner comments) said embedment member having a plurality of legs (11, 12) each having a selected length along a longitudinal axis of the connector [Fig 5], said legs being substantially separated [Figs 5-6] from each other along substantial portions of their selected lengths [Figs 2 and 6], said embedment member having an upper end (18), each said leg (11,12) having a distal end (19,20) [Fig 5] positioned inwardly from said perimeter face of said foundation [Figs 2 and 6] , and each said leg (11,12) extending substantially [Fig 2] to the upper end (18) of said embedment member [unnumbered] [0025] [Figs 1-4] (see examiner comments); d. said connector (10) includes an extension member (37) connected to said upper end (41) of said embedment member [unnumbered] [0025] [Figs 1-4] (see examiner comments), and said foundation perimeter surface [Figs 2 and 6]; e. said connector (10) includes an elongated [Fig 2], unitary attachment member (41) connected to said extension member (37) and said legs (11,12) of said embedment member [unnumbered] [0025] (see examiner comments) through said extension member (37), said unitary attachment member having a lower elongated border [Fig 2] where said unitary attachment member (41) connects to the extension member (37), each said leg (11,12) connecting to the unitary attachment member (41) by having a portion (18) that makes up the upper end (18) [Fig 2] of the embedment member [unnumbered] [0025] (see examiner comments) that is connected to the extension member (37) that is connected to the lower elongated border of the unitary attachment member (41) [Fig 2]; f. said unitary attachment member (41) is in alignment [Fig 7] with the side surface of said lower support member (55) ; and g. fastenings connect (48) said attachment member (41) [Figs 1 and 9] to said side surface of said lower support member (55) [0034]. However, Lutz does not disclose a side surface of said lower support member being positioned in substantial parallel relationship with said perimeter face of the said concrete foundation. The embedment member embedded at an angle to said top surface of said foundation, or an upper terminal edge positioned adjacent the perimeter edge of said foundation and extending downwardly within said foundation.
Furthermore, McClain discloses an embedment member (7) embedded at an angle [Fig 5] to said top surface of said foundation [Fig 4-5], further disclosing an upper terminal edge (106) [Fig 3] positioned adjacent [Fig 5] the perimeter edge (105) of said foundation (3) and extending downwardly [Abstract] [Fig 5] within said foundation. Further disclosing a side surface [Fig 6] (23) of said lower support member (2) being positioned in substantial parallel relationship with said perimeter face (104) of the said concrete foundation (3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to modify the connector as disclosed by Lutz to include the embedment member to be embedded at an angle and a terminal edge positioned adjacent to the perimeter edge and extending downwardly, a side surface of said lower support member being positioned in substantial parallel relationship with said perimeter face of the said concrete foundation as disclosed by McClain. Additionally setting an anchorage point from a lower support being parallel to the concrete foundation as disclosed by McClain. When a connection apparatus is designed to be embedded within concrete allowing an angle to form from the terminal edge further increases durability within the apparatus due to increased coverage within the concrete foundation.
In regards to Claim 2, Lutz discloses the connection of claim 1, wherein: the attachment member (41) is wider [Fig 9] than the embedment member [unnumbered] [0025] (see examiner comments) along a lateral axis of the connector (10) perpendicular to a longitudinal axis [Fig 9] of the connector (10).
In regards to Claim 3, Lutz discloses the connection of claim 1, wherein: said extension member (37) is formed as a plurality of extension sections (37) connecting the legs (11,12) to the attachment member (41) with one or more open notches [unnumbered] [Fig 2] [see examiner comments] formed in the extension member between the extension sections (37).
In regards to Claim 4, Lutz discloses the connection of claim 3, wherein: the upper edge of the one or more open notches (unnumbered) [Fig 2] (see examiner comments) in the extension member (37) coincides with the border between the attachment member (41) and the extension member (37).
In regards to Claim 5, Lutz discloses the connection of claim 1, wherein: said attachment member (41) of said connector (10) is only attached to the lower support member (55) of the anchored structural member by fasteners (48) that pass through the connector (10) and the side surface of the lower support member (55).
In regards to Claim 6, McClain in combination discloses an extension member (1) extends away from the perimeter edge (105) of the cementitious foundation (3) and substantially parallel [Fig 5] to the top surface of the cementitious foundation (3) [Figs 3 and 5], further disclosing said attachment member (12) extends upwardly and substantially parallel [Fig 5] to the perimeter face (104) of the foundation [Fig 7].
In regards to Claim 7, McClain in combination discloses the extension member extends away from the perimeter edge of the cementitious foundation at an angle [45 Degs, Fig 1] and an attachment (12) member extends upwardly and substantially parallel to the perimeter face (104) of the foundation (3) [Fig 7].
In regards to Claim 8, Lutz discloses the connection of claim 1, wherein: a plurality of fastener openings (48) for the fasteners received by the attachment member (41) of the connector (10) are formed in the attachment member (41) of the connector (10). However, Lutz doesn’t disclose a plurality surrounding embossments are formed around the fastener openings.
Furthermore, McClain discloses a plurality surrounding embossments (18-21) are formed around the fastener openings.
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to modify the connector as disclosed by Lutz to include the embossments surrounding the fastener openings as disclosed by McClain. When modified the fastener openings throughout the connector would add the embossments further leading to increased structural strength, load distribution in the connector and ease of installation.
In regards to Claim 9, McClain in combination discloses wherein selected surrounding embossments of the plurality of surrounding embossments (18-21) [Fig 1 "Boss Down"] have lower edges that are substantially aligned [Fig 1] with the border between the attachment member (12) and the extension member (1).
In regards to Claim 11, Lutz discloses the connection of claim 1, wherein: said legs (11,12), however fails to disclose the stiffening embossments. Furthermore, McClain discloses stiffening embossments (16) [Fig 1].
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to modify the connector as disclosed by Lutz to include the stiffening embossments surrounding the fastener openings within the legs as disclosed by McClain. When modified the stiffening embossments would be added to the legs which result in increased rigidity and strength without adding additional weight to the connector.
In regards to Claim 12, McClain in combination discloses stiffening embossments (16) [Fig 1] in said legs and said embossments are aligned with the longitudinal axis of the connector [Fig 1].
In regards to Claim 13, Lutz discloses the embedment member [unnumbered] [ 0025] [Fig 4] (see examiner comments) and said extension member (37). However, Lutz does not disclose a bend line or upper terminal edge.
Furthermore, McClain discloses upper terminal edge (106) substantially coincides with a bend line (51).
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to modify the connector as disclosed by Lutz to include the edge line within the upper terminal edge as disclosed by McClain. Due to the nature of the apparatus, in order for the embedment portion of the connector to create a more secure resistance to tear out and puncture the bend line is helpful in obtaining the desired installation of the connector.
In regards to Claim 14, McClain discloses openings are formed (102) [Fig 1] in the connector along the bend line (51).
In regards to Claim 15, McClain in combination discloses wherein: the openings formed (102) [Fig 1] in the connector along the bend line (51) are formed as laterally elongated openings [Fig 1] [0024] with the lateral elongation extending along the bend line (51).
In regards to Claim 16, Lutz discloses the connection of claim 1, wherein: the legs (11, 12) have distal portions (19,20) at the distal ends [Fig 6] of the legs that are formed with upturned portions [Fig 1] [0026].
In regards to Claim 17, Lutz discloses the connection of claim 1, wherein: the legs (11,12) and enlarged flow openings (14) [Fig 9]. However, Lutz does not disclose the enlarged flow openings (14) within said legs (11,12)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the connector as disclosed by Lutz to include flow openings (such as element 14, figure 5) within said legs in addition to the reinforcing bar to further secure a mechanically bonding redundancy factor to the cementitious foundation.
In regards to Claim 18, Lutz discloses the connection of claim 1, wherein: the attachment member (41) is formed with a plurality of fastener openings (48) for receiving fasteners [Fig 9] to attach said attachment member (41) to said side surface of said lower support member (55) [Fig 9], and the fastener openings (48). However, Lutz does not disclose fasteners disposed along a grouping line that runs parallel to a lateral axis of the connector with no fastener opening (48) being spaced farther from the grouping line than a diameter of the fastener opening 19 [Fig 9].
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to modify the connector as disclosed by Lutz to include the group line of fasteners within the face of the connection. The group line symbolizes a simple connection in terms of bolted connections. A simple connection can be assumed to equally distribute the load to all fasteners within the group. Additionally, a group line prevents of foundation failure while also ensuring reinforcement is adequate. Lastly, according to ANSI/AISC 360-22 section 16.1-138 paragraph 4 Minimum Spacing states “the clear distance between bolt holes or slots shall not be less than d” d here indicates the bolt diameter.
In regards to Claim 19, Lutz discloses the connection of claim 18, wherein: fastener openings (48). However, Lutz does not disclose the grouping line passes through all of the fasteners.
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to modify the connector as disclosed by Lutz to include the group line of fasteners within the face of the connection. The group line symbolizes a simple connection in terms of bolted connections. A simple connection can be assumed to equally distribute the load to all fasteners within the group. Additionally, a group line prevents of foundation failure while also ensuring reinforcement is adequate.
In regards to Claim 20, Lutz discloses the fasteners (48) however doesn’t disclose the grouping line intersect with some of the plurality of fastener openings (48) and substantially intersects with a peripheral edge of the remainder of the plurality of fastener openings (48).
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to modify the connector as disclosed by Lutz to include the group line of fasteners within the face of the connection. The group line symbolizes a simple connection in terms of bolted connections. A simple connection can be assumed to equally distribute the load to all fasteners within the group. Additionally, a group line prevents of foundation failure while also ensuring reinforcement is adequate.
9. Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over (US2005/0011157 A1) (Herewith after Lutz) in view of Thomas Barth McClain (US 2009/0165409 A1) (Herewith after McClain) as applied to claims 1 and 8-9 above, and further in view of Jin-Jie Lin (US 9045895 B1)(Herewith after Lin).
In regards to Claim 10, Lutz discloses the connection of claim 9, wherein: the fastener openings (48). However, does not disclose the embossments or that the embossments are connected. Furthermore, McClain discloses the surrounding embossments (18-21) [Fig 1 “Boss Down’]. Furthermore, Lin discloses the embossments (as disclosed by McClain) are connected to each other (14) [Fig 4].
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to modify the connector as disclosed by Lutz to include the embossments surrounding the fastener openings (McClain) are connected as disclosed by Lin. When modified the fastener openings throughout the connector would add the element of connecting embossments further leading to increased structural strength, load distribution in the connector and ease of installation.
Examiner Comments
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268
278
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Figure 3, unreadable element
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286
306
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Figure 5, undistinguishable/unreadable element
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588
547
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Figure 9, Lutz, Unnumbered Embedment Member
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188
311
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Figure 2, Lutz, Unnumbered Notch Bordering Attachment Member
Conclusion
10. The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. See PTO 892.
11. 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