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 .
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.
Drawings
The drawings filed on 03/28/2024 are acceptable subject to correction of the informalities indicated below. In order to avoid abandonment of this application, correction is required in reply to the Office action. The correction will not be held in abeyance.
Fig. 2: One of the three elements (18 - Crenelations) on Figure 2 points to an element (20) which is a hook. Appropriate correction is required.
Fig. 2: Element (14 - Base) on Figure 2 incorrectly points to the interlocking support (12). Appropriate correction is required.
Fig. 2: Element (12 - Interlocking Support) on Figure 2 incorrectly points to the base (14). Appropriate correction is required.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Roger L. Toffolon (EP 0057061) herein referred to as Toffolon.
Regarding Claim 1: Toffolon teaches (see Figs. 1-4) a multi-part form device for casting structural concrete units. With a pair of supports, each of which has a base (60-vertical surfaces & 62-horizontal bracing members) supporting a pair of latches (56-vertical surface) extending therefrom, wherein each of the pair of latches includes crenelations (see annotated figure below) on a plurality of supports (element 62-bracing members & 56-vertical surface) at the end of which a hook (elements 58-sidewall end surface & 54-sidewall form members) is disposed of.
Toffolon further teaches wherein each of the pair of supports further includes a strut (element 26-base and support means) extending between the pair of latches (56-vertical surface); and wherein the base includes a boss (element 110-lugs) formed therethrough with a through-bore (elements 106/108-lugs) that are dimensioned to accommodate a rod of rebar (element 100-guideways).
Examiner notes that this is a broader interpretation of the structures than those disclosed in the instant specification, however, it is noted that the claims do not include any explicit recitations regarding the structural nature of the elements in the same detail. As such, it is noted that a more explicit recitation of the engagement between the crenelations and the latch members in keeping with the instant specification would likely overcome the provided rejection.
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Conclusion
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/KALPIT CHANDRAKANT PATEL/Examiner, Art Unit 3671
/CHRISTOPHER J SEBESTA/Supervisory Patent Examiner, Art Unit 3671
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