DETAILED ACTION
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 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) 1-7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 5,937,609 to Roth.
Regarding claim 1, Roth discloses a structural connector (10, Fig.1) for use with insulated concrete formwork (capable of being used with an ICF),comprising: a front surface (11) designed to fasten to the ICF with a connecting piece (17; capable of securing to an ICF), wherein the connecting piece is configured to connect through the ICF with a secondary structural component (capable of securing to a secondary structural component); a rear surface (12) designed to receive a distal end of the connecting piece (Fig.2); and a flange (13) connecting the front surface to the rear surface (Fig.1) and defining a longitudinal cavity (area within the connector) configured to receive a body of the connecting piece (Fig.1 and 2), wherein the structural connector is configured such that upon a concrete pour to form a concrete wall, the structural connector secures the secondary structural component to the ICF and operates as an anchor preventing axial movement of the secondary structural component relative to the ICF (the structural connector is capable of securing a secondary structural component to an ICF).
Regarding claim 2, wherein the secondary structural component is an L bracket, a ledger bracket, or a joist hanger (the secondary structural component is not positively claimed; the structural connector is capable of securing an l-bracket, a ledger bracket, or a joist hanger).
Regarding claim 3, wherein the rear surface is designed to secure the distal end of the connecting piece (Fig.2).
Regarding claim 4, wherein the rear surface includes a female threaded section (21) configured to receive a corresponding male threaded section of the connecting piece (Fig.2).
Regarding claim 5, wherein the female threaded section is within a body of the rear surface (Fig.2; formed as part of the body 12).
Regarding claim 6, wherein the connecting piece includes a bolt (Fig.2).
Regarding claim 7, wherein the structural connector has a U- shape profile (Fig.1 and 2).
Claim(s) 8-13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 7,559,519 B1 to Dragic et al.
Regarding claim 8, Dragic et al. disclose a structural component (Fig.2A) hanger for use with insulated concrete formworks (capable of being used with an ICF), comprising a structural plate (16) having: a retention portion (14B) at a bottom portion thereof, which is configured to receive a structural component (60, Fig.2B) therein; and a pair of flanges (12B) extending transversally from opposite sides of the structural plate and configured to embed in a concrete wall through the ICF (capable of embedding within concrete), wherein upon a concrete pour to form the concrete wall, the pair of flanges operates as an anchor preventing axial movement of the structural component hanger relative to the ICF (the flanges are capable of being embedded within concrete).
Regarding claim 9, wherein the structural component includes a ledger (the secondary structural component is not positively claimed; the structural component is capable of being a ledger 60).
Regarding claim 10, wherein each flange of the pair of flanges comprise an aperture (12C) designed to allow concrete flow there- through during the concrete pour (capable of receiving concrete).
Regarding claim 11, wherein each flange has a rectangular shape (12B).
Regarding claim 12, wherein the structural component is formed as one piece (Fig.2A).
Regarding claim 13, wherein the structural plate is configured to mount parallel to the ICF wall (capable of mounting parallel to an ICF).
Claim(s) 8-13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2010/0064626 A1 to Kittlitz et al.
Regarding claim 8, Kittlitz et al. disclose a structural component hanger (10, Fig.1) for use with insulated concrete formworks (ICF), comprising a structural plate (35) having: a retention portion (30) at a bottom portion thereof, which is configured to receive a structural component (70) therein; and a pair of flanges (20, 22) extending transversally from opposite sides of the structural plate and configured to embed in a concrete wall through the ICF (Fig.4), wherein upon a concrete pour to form the concrete wall, the pair of flanges operates as an anchor preventing axial movement of the structural component hanger relative to the ICF (Fig.4).
Regarding claim 9, wherein the structural component includes a ledger (the secondary structural component is not positively claimed; the structural component is capable of being a ledger 60 when positioned appropriately).
Regarding claim 10, wherein each flange of the pair of flanges comprise an aperture (26) designed to allow concrete flow there through during the concrete pour.
Regarding claim 11, wherein each flange has a rectangular shape (Fig.1).
Regarding claim 12, wherein the structural component is formed as one piece (Fig.1).
Regarding claim 13, wherein the structural plate is configured to mount parallel to the ICF wall (Fig.3).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2021/0214932 A1 to Monty et al. in view of US 5,937,609 to Roth.
Regarding claim 14, Monty et al. disclose a system for use with insulated concrete formworks (ICF), comprising a joist hanger (Fig.7), and a plurality of connecting pieces (7), wherein each connecting piece of the plurality of connecting pieces is configured to connect the joist hanger to the ICF.
Monty et al. discloses the joist hangers secured to the ICF using the connecting pieces and structural connectors (30) but does not disclose structural connectors as defined in claim 1.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have secured the joist hangers of Monty to the ICF using connecting pieces into the structural connectors of Roth so to securely mount the joist hangers to the ICF as well as to enable the joist hangers to be removed and reattached if needed, thereby creating a more versatile system.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2021/0214932 A1 to Monty et al. in view of US 5,937,609 to Roth in view of US 2010/0064626 A1 to Kittlitz et al.
Regarding claim 15, Monty in view of Roth does not disclose further comprising the structural component hanger of claim 8.
Kittlitz et al. disclose the structural component hanger of claim 8 (See claim 8 above).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have provided the structural component hanger of Kittlitz to the system of Monty so to provide a multitude of hangers to secure different structural components to the system.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RYAN D KWIECINSKI whose telephone number is (571)272-5160. The examiner can normally be reached Monday - Thursday from 8:30 am to 4:00 pm.
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RDK
/RYAN D KWIECINSKI/Primary Examiner, Art Unit 3635