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 § 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.
Claims 1-15 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.
Claim 1 recites “a reinforcing bar” in line 5, despite previously introducing “a reinforcing bar” in line 3. This is indefinite because it is unclear if this recitation in line 5 intends to reference the previous recitation in line 3, or intends to introduce new, additional “a reinforcing bar.” For purposes of examination, this recitation in line 5 is interpreted as “the reinforcing bar.” Appropriate correction is required. Examiner notes many instances of this indefiniteness in the claims, and recommends Applicant review all claims to correct this issue. Claims 2-15 fail to cure the deficiency and/or include additional instances of this indefiniteness. Additional examples are listed below:
“a building component”: Claim 1, lines 9 and 10; Claim 9, lines 3 and 4; Claim 13, line 13; Claim 14, line 3; Claim 15, lines 9-10 and 11; Claim 15, lines 36, 27, 58, 60.
“an opening”: Claim 1, line 10; Claim 14, line 3; Claim 14, line 37
“a reinforcing bar”: Claim 2, lines 2-3; Claim 4, line 3; Claim 5, line 7; Claim 14, lines 3-4; Claim 14, line 9; Claim 15, lines 5, 7, 14, 19.
“outer edges”: Claim 14, lines 5-6
“a desired position”: Claim 14, lines 7 and 13.
“an essentially vertical direction”: Claim 14, line 9.
“a rod”: Claim 15, line 47.
Claim 14 recites “…to place reinforcing bars in building components” in lines 1-2. This is indefinite because the method appears to claim the steps of placing a single reinforcing bar in a single building component, not multiple. For purposes of examination, this limitation is interpreted as “to place a reinforcing bar in a building component…”. Appropriate correction is required.
Claim 15 recites “said rod” in line 31. There is insufficient antecedent basis for this limitation in the claim. For purposes of examination, this limitation is interpreted as “a rod”. 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(s) 1-6 and 14 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Evans (US 20080184655 A1).
Regarding Claim 1, Evans discloses a reinforcing bar guide assembly (400, Fig. 7) comprising:
a guide structure (402, Fig. 7) configured to be placed over an opening (opening defined by 501, Fig. 5) in a building component (501, Fig. 5) into which a reinforcing bar is to be inserted (402 is capable of this function, as it allows for a circular bar to be inserted, such as 502, Fig. 5);
said guide structure comprising a guide orifice (410, Fig. 7) configured and disposed to receive and hold a reinforcing bar in an essentially vertical orientation (orientation of 701, Fig. 7, and para. [0061]);
a first securing structure (404, Fig. 7) and a second securing structure (405, Fig. 7) being connected to and disposed on opposite sides of said guide structure (Fig. 7); and
said first securing structure and said second securing structure being configured to be placed onto outer edges of a building component to support and hold said guide structure in a desired position over an opening in a building component (para. [0040]).
Regarding Claim 2, Evans discloses the reinforcing bar guide assembly of claim 1, wherein said guide orifice has a shape and diameter substantially similar to a shape and diameter of a reinforcing bar to be inserted through said guide orifice (Fig. 7 and para. [0061], “401…dimensioned to receive…reinforcing bar 701”).
Regarding Claim 3, Evans discloses the reinforcing bar guide assembly of claim 2, wherein said guide orifice is cylindrical (para. [0061], “cylindrical collar 401”).
Regarding Claim 4, Evans discloses the reinforcing bar guide assembly of claim 1, wherein said guide structure comprises centering structures (411, 412, 414, 415, Fig. 4A) disposed within said guide orifice (Fig. 4A and para. [0042]) and configured to engage with a reinforcing bar to center a reinforcing bar in said guide orifice (para. [0042]).
Regarding Claim 5, Evans discloses the reinforcing bar guide assembly of claim 4, wherein said centering structures comprise a plurality of wire bristles disposed to project inwardly from inner side surfaces of said guide orifice (fins 411, 412, 414, 415, Fig. 4A and para. [0042]);
said wire bristles are flexible to permit insertion of reinforcing bars of different diameters (para. [0042]); and
said wire bristles are sufficiently stiff such that upon deflection of said wire bristles by a reinforcing bar said wire bristles exert a gripping force upon the reinforcing bar (para. [0042]).
Regarding Claim 6, Evans discloses the reinforcing bar guide assembly of claim 5, wherein said wire bristles have a length less than a radius of said guide orifice (411, 412, 414, and 415, Fig. 4A) such that distal ends of said wire bristles are disposed a distance from one another and define an open space between said distal ends (Fig. 4A).
Regarding Claim 14, Evans discloses a method of using the reinforcing bar guide assembly of claim 1 to place reinforcing bars in building components, said method comprising the steps of:
placing said guide structure over an opening in a building component into which a reinforcing bar is to be inserted (para. [0062]);
placing said first securing structure and said second securing structure onto outer edges of the building component (Fig. 7) and thereby supporting and holding said guide structure in a desired position over the opening in the building component (para. [0062], “releasably secure alignment-affixing device 400 to the two piece-support structure”);
inserting a reinforcing bar through said guide orifice in an essentially vertical orientation (para. [0062], “steel reinforcing bar 701 is placed through…oriented substantially at a right angle with respect to the two-piece support structure” and Fig. 7);
pouring concrete into said opening and about the reinforcing bar (para. [0063], “701 can be secured by pouring concrete into the gap between wood pieces 702 and 704”); and
removing said reinforcing bar guide assembly upon said concrete sufficiently holding the reinforcing bar in a desired position in said concrete by releasing said first securing structure and said second securing structure and then sliding said guide structure up and off of said reinforcing bar (para. [0063], “Once the concrete has set, alignment-affixing device 400 can be removed from both the support structure and steer reinforcing bar 701”).
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(s) 7-11 are rejected under 35 U.S.C. 103 as being unpatentable over Evans (US 20080184655 A1) as applied above, and further in view of Humphrey (US 20030029130 A1).
Regarding Claim 7, Evans discloses the reinforcing bar guide assembly of claim 1.
While Examiner notes that Evans discusses a benefit to non-standard sized alignment devices in para. [0043], Evans is silent about wherein said first securing structure and said second securing structure are adjustably connected to said guide structure to permit adjustment of the distance between said first securing structure and said second securing structure to permit placement on building components of different widths.
Humphrey teaches wherein adjustably connecting a similar securing structure (26) to a similar guide structure to permit adjustment of the distance of the securing structure from the guide structure to permit placement on building components of different widths (paras. [0014]-[0015]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the first securing structure and second securing structure of Evans to be adjustably connected to said guide structure to permit placement on building components of different widths, as taught by Humphrey, with a reasonable expectation of success, in order to use the guide assembly on a variety of differently sized building components, increasing versatility of the guide assembly.
Regarding Claim 8, modified Evans teaches the reinforcing bar guide assembly of claim 7, wherein said guide structure comprises a planar guide body (402, Fig. 7); and
each of said first securing structure and said second securing structure comprises a planar side body disposed transverse to said planar guide body (outside planar sides of 404 and 405, Fig. 7).
Regarding Claim 9, modified Evans teaches the reinforcing bar guide assembly of claim 8, wherein:
said planar guide body comprises a top surface configured to be disposed to face away from a building component (top surface of 402, Fig. 7) and a bottom surface configured to be disposed to face toward a building component (bottom surface of 402, Fig. 7); and
said guide orifice is disposed in a central portion of said planar guide body (401 is disposed in a central portion of 402, Fig. 7).
Regarding Claim 10, modified Evans teaches the reinforcing bar guide assembly of claim 9, wherein said planar guide body comprises a guide projection disposed to extend from at least one of said top surface and said bottom surface to increase the length of said guide orifice to permit additional and more stable engagement with a reinforcing bar (cylindrical collar 416 extends from top surface of 402, Fig. 7).
Regarding Claim 11, modified Evans teaches the reinforcing bar guide assembly of claim 9, wherein:
said guide structure comprises lateral walls (side walls of 402, including lateral walls projecting up with cylindrical collar 416, for example, Fig. 7) and end walls disposed to extend away from and transverse to said bottom surface (end walls extending upwards with cylindrical collar 416, for example, Fig. 7, Fig. 7); and
said lateral walls and said end walls define a storage recess below said bottom surface (the area below opening 416 may be considered a storage recess, for example, Fig. 7).
Allowable Subject Matter
Claims 12-13 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claim 15 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
The prior arts of record, individually or in combination, do not disclose or render obvious the combined limitations of Applicant’s invention. The closest prior arts of record are Evans (US 20080184655 A1) and Humphrey (US 20030029130 A1). Specifically, Evans discloses a guide assembly (400) comprising a guide structure (402) with a guide orifice (410) configured and disposed to receive and hold a reinforcing bar in an essentially vertical orientation (Fig. 7), a first securing structure (404) and a second securing structure (405). Humphrey further teaches adjustably connecting the securing structures to the guide structure to permit placement on building components of different widths (para. [0014]-[0015]).
However the prior art of record does not appear to teach the combined limitations of the Claims 12-13 and 15, specifically wherein the at least one connecting arrangement comprises a rod slidably connected to said planar guide body to permit movement of said rod into and out of said storage recess to permit adjustment of the distance between said first securing structure and said second securing structure, or wherein said at least one connecting arrangement comprises a stop portion disposed at an end of said rod and a spring disposed about said rod configured to exert a return spring force. While Evans in view of Humphrey teaches an adjustable guide assembly, the prior art of record does not appear to teach a slidable rod and spring configured to allow the assembly to clamp onto a building component, and it would not be obvious to combine or modify the prior arts of record to teach the invention as claimed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Johnson (US 12024886 B1) teaches an apparatus to install vertical rebar.
Ripley et al. (US 8122675 B2) teaches an apparatus to position rebar.
Crowell (US 20070039278 A1) teaches a rebar positioner.
Queen (US 20020112437 A1) teaches a positioning device with adjustable support arms.
Hampton (US 4190999 A) teaches a rebar positioner.
Koivu (US 1616977 A) teaches a rebar positioner.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANNA LYNN GORDON whose telephone number is (571)270-5323. The examiner can normally be reached M-F 8:30am-4:30pm.
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/ANNA L. GORDON/Examiner, Art Unit 3642
/ASSRES H WOLDEMARYAM/Primary Examiner, Art Unit 3642