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.
Claim 15-17 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 claim 15 lines 4 and 5, the second housing member is said to be at least partially insertable into the second housing member, i.e. itself. It is unclear how the second housing member is structured and arranged to be insertable into itself. It appears the claim may be meant to read the second housing member is at least partially insertable into the first housing member, as this is what was meant to be claimed per the examiner’s best understanding of the claimed invention.
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) 1,2,5,8,9,11-13,15,18-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Masek et al(US20210054962).
[claim 1] Masek teaches a seismic bracing yield fuse for seismically bracing nonstructural equipment(84) from a structural member(80) of a building, comprising: a fuse member(12) configured to undergo ductile yielding in a length dimension upon application of a tensile force along the length dimension of the fuse member(ABS), the fuse member comprising: two ends(20,22), wherein the two ends each have a first width(w1, fig 2); and a central bar(central portion) positioned between the two ends, the central bar comprising a neck down portion(28) comprising a substantially constant cross section(at width w2) along a length of the neck down portion, wherein the neck down portion has a second width(w2, fig 2) and the second width is less than the first width wherein the neck down portion has a length of about 2 inches to about 6 inches(para[0065]).
[claim 2] wherein the two ends each have a substantially square or rectangular shape(fig 2).
[claim 5] wherein the first width is about 0.75 inches to about 2.5 inches(para[0065]).
[claim 8] wherein the central bar further comprises two transition portions(curved portions between square ends and reduced width portion 28) positioned on both ends of the neck down portion.
[claim 9] wherein the two transition portions each comprise two curved portions positioned on either side of the neck down portion(fig 2).
[claim 11] wherein the fuse member has a length of about 3 inches to about 8 inches(para[0065]).
[claim 12] wherein the two ends each define an aperture(24,26) configured to receive a fastener.
[claim 13] wherein the apertures each have a circular or oval shape(fig 2).
[claim 15] Masek teaches a seismic bracing yield fuse, comprising: a housing assembly(14) comprising: a first housing member(34); a second housing member(36) at least partially insertable into the second housing member(or first housing member, see above 112 rejection and claim interpretation)(para[0040]), wherein at least one of the first housing member and the second housing member comprises an overload plate(204,206 on ends of 202); a fuse member(12) positionable within the housing assembly(fig 5), the fuse member configured to undergo ductile yielding in a length dimension upon application of a tensile force along the length dimension of the fuse member(ABS), the fuse member comprising: two ends(20,22), wherein the two ends each have a first width(w1, fig 2); and a central bar positioned between the two ends, the central bar comprising a neck down portion(28) comprising a substantially constant cross section(at width w2) along a length of the neck down portion, wherein the neck down portion has a second width(w2, fig 2) and the second width is less than the first width, wherein the neck down portion has the length of from about 2 inches to about 6 inches(para[0065]).
[claim 18] Masek teaches a seismic bracing yield fuse, comprising: an overload plate(314); and a fuse member(312) configured to undergo ductile yielding in a length dimension upon application of a tensile force along the length dimension of the fuse member(ABS), the fuse member comprising: two ends(320,322), wherein the two ends each have a first width(w1, fig 2); and a central bar positioned between the two ends, the central bar comprising a neck down portion(central reduced width portion) comprising a substantially constant cross section(fig 8) along a length of the neck down portion, wherein the neck down portion has a second width(w2 fig 2) and the second width is less than the first width, wherein the neck down portion has the length of from about 2 inches to about 6 inches(para[0065]).
[claim 19] Referring to figures 1,2 and paras [0038-0041], Masek teaches a method of assembling a seismic bracing yield fuse(fig 1), the method comprising: providing a housing assembly(14) and a fuse member(12), the fuse member configured to undergo ductile yielding in a length dimension upon application of a tensile force along the length dimension of the fuse member(ABS), the fuse member comprising two ends(20,22) and a central bar(central portion) positioned between the two ends, the central bar comprising a neck down portion(28) comprising a substantially constant cross section(at width w2) along a length of the neck down portion, wherein the two ends each have a first width(w1 fig 2), wherein the neck down portion has a second width(w2 fig 2) and the second width is less than the first width, wherein the neck down portion has the length of from about 2 inches to about 6 inches(para[0065]); mounting the fuse member internal to the housing assembly(fig 1); and providing connection features(holes 24,26) to secure opposing ends of the fuse member to a connection assembly for application of the tensile force.
[claim 20] Masek teaches a method of providing a ductile yield in a connection assembly that supports nonstructural equipment(84) from a structural member(80) of a building, the method comprising: providing a seismic bracing yield fuse(fig 1,2) having a housing(14) and a fuse member(12), the fuse member configured to undergo ductile yielding in a length dimension upon application of a tensile force along the length dimension of the fuse member(ABS), the fuse member comprising two ends(20,24) and a central bar(central portion) positioned between the two ends, the central bar comprising a neck down portion(28) comprising a substantially constant cross section(at width w2, fig 2) along a length of the neck down portion, wherein the two ends each have a first width(w1 fig 2), wherein the neck down portion has a second width(w2, fig 2) and the second width is less than the first width, wherein the neck down portion has the length of from about 2 inches to about 6 inches(para[0065]); connecting the seismic bracing yield fuse in series between the structural member and the nonstructural equipment(fig 15); and applying a tensile force to the fuse member until the fuse member undergoes ductile yielding(Masek claim 20).
Claim Rejections - 35 USC § 103
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.
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) 6,10,14 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Masek et al. as applied to claims 1,2,5,8,9,12,13 and 15 above.
[claim 6] Masek teaches a seismic bracing yield fuse as detailed above, and as seen in figure 2, shows that the second width w2, is less than the first width w1. While it appears that the second width is between 30% and 60% of the first width, Masek does not expressly disclose the relative dimensions of the first and second widths. It would have been obvious to one of ordinary skill in the art as of the effective filing date to make the second width any percentage of the first width, such as between 30% and 60%, as a matter of simple design choice, as without undue experimentation, one of ordinary skill in the art as of the effective filing date would have been able to choose a second width to provide the desired load supporting capabilities.
[claim 10] Masek teaches a seismic bracing yield fuse as detailed above, with two curved transition portions(fig 2). Masek however does not detail the specific radius of each curved portion. It would have been obvious to one of ordinary skill in the art as of the effective filing date to make the curved portions with any desired radius, such as about 0.5 to 1.25 inches, as a matter of obvious design choice, as one of ordinary skill in the art, without undue experimentation would be able to choose a radius that provided the desired load supporting capabilities.
[claim 14] Masek teaches a seismic bracing yield fuse as detailed above, with apertures 24,26. Masek however does not disclose the radius of the apertures. It would have been obvious to one of ordinary skill in the art as of the effective filing date to make the radius of each aperture about 3/8 to 5/8 inches, as this would allow the fuse to be used with known existing fasteners.
[claim 16] Masek teaches a seismic bracing yield fuse as detailed above, wherein the fuse member has a first length, the first housing member has a second length, and the second housing member has a third length(fig 6), wherein the second and third lengths are substantially equal. Masek however does not teach that all the first length is shorter than the second and third lengths. It would have been obvious to one of ordinary skill in the art as of the effective filing date to make the length of the fuse, the length of the first housing member and the length of the second housing member any desired size, such as with the fuse shorter than the first and second housing members, as a matter of simple design choice, as a worker in the art would be able to select a size for their desired application without undue experimentation.
Claim(s) 17 is rejected under 35 U.S.C. 103 as being unpatentable over Masek et al. as applied to claims 15 and 16 above, and further in view of Draexlmaier(DE102021102545).
[claim 17] Masek teaches a seismic bracing yield fuse as detailed above, where the second housing member(36) is nested in the first housing member(34). Masek however does not teach that the first and second housing members each include snap tabs positioned on exterior surfaces thereof, configured to snap the first and second housing members to each other to form the housing assembly. The use of snap tabs to join housing members to each other is well known in the art, with Draexlmaier teaching one example of a two part housing(10,20) joined by snap tabs(15,25) on the exterior of the housing members. It would have been obvious to one of ordinary skill in the art as of the effective filing date to use snap tabs positioned on the exterior of the first and second housing members to join the first and second housing members, as this would merely be using known elements for their known functions.
Response to Arguments
Applicant's arguments filed 11/21/25 have been fully considered but they are not persuasive. Applicant argues that Masek does not teach a “central bar comprising a neck down portion comprising a substantially constant cross section along a length of the neck down portion, wherein the neck down portion has a second width and the second width is less than the first width, wherein the neck down portion has the length of from about 2 inches to about 6 inches”. Applicant argues that the fuse of Masek has a width that varies along the length of the fuse and thus does not have a substantially constant cross section along its length(remarks dated 11/21/25 pg 5). The examiner disagrees, the claims require that the neck down portion comprise a substantially constant cross section along a length of the neck down portion. As seen in figure 2 of Masek the neck down, or reduced width portion, of the fuse has a central portion with a substantially constant cross section, and having a width(w2) that is less than the width(w1) of the ends of the fuse, as required by the claims.
Conclusion
THIS ACTION IS MADE FINAL. 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRADLEY H DUCKWORTH whose telephone number is (571)272-2304. The examiner can normally be reached M-F 9:30-6.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Terrell McKinnon can be reached at 5712724979. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRADLEY DUCKWORTH/Primary Examiner, Art Unit 3632