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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 6/17/26 has been entered.
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) 1,2,5,6,10-16,18-21 are rejected under 35 U.S.C. 103 as being unpatentable over Masek et al.(US20210054962) in view of Zhao et al.(US20240419864).
[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); 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 along a length of the neck down portion(at width w2), wherein the neck down portion has a second width(w2, fig 2) and the second width is less than the first width; and two transition portions(curved portions between square ends and reduced width portion 28 in fig 2) positioned on both ends of the neck down portion, wherein the two transition portions each comprise two curved portions positioned on either side of the neck down portion(fig 2), and wherein the side edges of the neck down portion extend between the two transition portions(fig 2).
Masek further teaches that the neck down portion has what appears to be slightly curved sides along the length of the neck down portion(as seen in figure 2) and may not teach that the neck down portion comprises substantially parallel side edges alone the length of the neck down portion. Masek further teaches that the total length(L1) of the fuse member between the apertures located in the ends of the fuse member is typically in the range of about 1.5 inches to about 6 inches(see para[0065]), however Masek does not specifically detail that the neck down portion has a length of at least about 2 inches.
Zhao teaches a similar seismic bracing yield fuse(fig 11), which is shown in figure 11 as having two ends(A in annotated figure 11 below) each with a first width, a central bar having a neck down portion(B in annotated figure 11 below) having a substantially constant cross section along a length of the neck down portion, wherein the neck down portion has substantially parallel side edges along the length of the neck down portion, wherein the neck down portion has a second width that is less than the first width(fig 11), and two transition portions(C in annotated figure 11 below) on both ends of the neck down portion, wherein the two transition portions each comprise two curved portions positioned on either side of the neck down portion, with the substantially parallel side edges of the neck down portion extending between the two transition portions. It would have been obvious to one of ordinary skill in the art as of the effective filing date to use the fuse member of Zhao in place of the fuse member in the seismic bracing yield fuse of Masek, as the two elements are the obvious functional equivalents of one another, as they perform substantially the same function in substantially the same manner.
Zhao further teaches that the length of the neck down portion(lBy see para[0089]) can selected to produce a desired elastic axial rigidity of the yield section of the fuse(see para[0088-0089]). It would have been obvious to one of ordinary skill in the art, as of the effective filing date without undue experimentation to make the length of the neck down portion any desired value, such as at least about 2 inches, to yield a desired elastic axial rigidity, as taught by Zhao, as one of ordinary skill in the art, given the teachings of Zhao, would have been able to make the neck down portion with any desired length to correspond to a desired elastic axial rigidity.
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Annotated Figure 11 of Zhao.
[claim 2] wherein the two ends each have a substantially square or rectangular shape(fig 2).
[claim 5] wherein the first width is at least about 0.75 inches(para[0065]).
[claim 6] Masek in view of Zhao 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 in view of Zhao 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 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 14] Masek in view of Zhao 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 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 first housing member(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); 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 along a length of the neck down portion(at width w2), wherein the neck down portion has a second width(w2, fig 2) and the second width is less than the first width; and two transition portions(curved portions between square ends and reduced width portion 28 in fig 2) positioned on both ends of the neck down portion, wherein the two transition portions each comprise two curved portions positioned on either side of the neck down portion(fig 2), and wherein the side edges of the neck down portion extend between the two transition portions(fig 2).
Masek further teaches that the neck down portion has what appears to be slightly curved sides along the length of the neck down portion(as seen in figure 2) and may not teach that the neck down portion comprises substantially parallel side edges alone the length of the neck down portion. Masek further teaches that the total length(L1) of the fuse member between the apertures located in the ends of the fuse member is typically in the range of about 1.5 inches to about 6 inches(see para[0065]), however Masek does not specifically detail that the neck down portion has a length of at least about 2 inches.
Zhao teaches a similar seismic bracing yield fuse(fig 11), which is shown in figure 11 as having two ends(A in annotated figure 11 above) each with a first width, a central bar having a neck down portion(B in annotated figure 11 above) having a substantially constant cross section along a length of the neck down portion, wherein the neck down portion has substantially parallel side edges along the length of the neck down portion, wherein the neck down portion has a second width that is less than the first width(fig 11), and two transition portions(C in annotated figure 11 above) on both ends of the neck down portion, wherein the two transition portions each comprise two curved portions positioned on either side of the neck down portion, with the substantially parallel side edges of the neck down portion extending between the two transition portions. It would have been obvious to one of ordinary skill in the art as of the effective filing date to use the fuse member of Zhao in place of the fuse member in the seismic bracing yield fuse of Masek, as the two elements are the obvious functional equivalents of one another, as they perform substantially the same function in substantially the same manner.
Zhao further teaches that the length of the neck down portion(lBy see para[0089]) can selected to produce a desired elastic axial rigidity of the yield section of the fuse(see para[0088-0089]). It would have been obvious to one of ordinary skill in the art, as of the effective filing date without undue experimentation to make the length of the neck down portion any desired value, such as at least about 2 inches, to yield a desired elastic axial rigidity, as taught by Zhao, as one of ordinary skill in the art, given the teachings of Zhao, would have been able to make the neck down portion with any desired length to correspond to a desired elastic axial rigidity.
[claim 16] Masek in view of Zhao 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 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); a central bar(central portion) positioned between the two ends, the central bar comprising a neck down portion(central reduced width portion) comprising a substantially constant cross section along a length of the neck down portion(fig 8), wherein the neck down portion has a second width(w2, fig 2) and the second width is less than the first width; and two transition portions(curved portions between square ends and reduced width portion 28 in fig 2) positioned on both ends of the neck down portion, wherein the two transition portions each comprise two curved portions positioned on either side of the neck down portion(fig 2), and wherein the side edges of the neck down portion extend between the two transition portions(fig 2).
Masek further teaches that the neck down portion has what appears to be slightly curved sides along the length of the neck down portion(as seen in figure 2) and may not teach that the neck down portion comprises substantially parallel side edges alone the length of the neck down portion. Masek further teaches that the total length(L1) of the fuse member between the apertures located in the ends of the fuse member is typically in the range of about 1.5 inches to about 6 inches(see para[0065]), however Masek does not specifically detail that the neck down portion has a length of at least about 2 inches.
Zhao teaches a similar seismic bracing yield fuse(fig 11), which is shown in figure 11 as having two ends(A in annotated figure 11 above) each with a first width, a central bar having a neck down portion(B in annotated figure 11 above) having a substantially constant cross section along a length of the neck down portion, wherein the neck down portion has substantially parallel side edges along the length of the neck down portion, wherein the neck down portion has a second width that is less than the first width(fig 11), and two transition portions(C in annotated figure 11 above) on both ends of the neck down portion, wherein the two transition portions each comprise two curved portions positioned on either side of the neck down portion, with the substantially parallel side edges of the neck down portion extending between the two transition portions. It would have been obvious to one of ordinary skill in the art as of the effective filing date to use the fuse member of Zhao in place of the fuse member in the seismic bracing yield fuse of Masek, as the two elements are the obvious functional equivalents of one another, as they perform substantially the same function in substantially the same manner.
Zhao further teaches that the length of the neck down portion(lBy see para[0089]) can selected to produce a desired elastic axial rigidity of the yield section of the fuse(see para[0088-0089]). It would have been obvious to one of ordinary skill in the art, as of the effective filing date without undue experimentation to make the length of the neck down portion any desired value, such as at least about 2 inches, to yield a desired elastic axial rigidity, as taught by Zhao, as one of ordinary skill in the art, given the teachings of Zhao, would have been able to make the neck down portion with any desired length to correspond to a desired elastic axial rigidity.
[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 central bar further comprises two transition portions(curved portions between square ends and reduced width portion 28 in fig 2) positioned on both ends of the neck down portion, wherein the two transition portions each comprise two curved portions positioned on either side of the neck down portion(fig 2), and wherein the side edges of the neck down portion extend between the two transition portions(fig 2), 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.
Masek further teaches that the neck down portion has what appears to be slightly curved sides along the length of the neck down portion(as seen in figure 2) and may not teach that the neck down portion comprises substantially parallel side edges alone the length of the neck down portion. Masek further teaches that the total length(L1) of the fuse member between the apertures located in the ends of the fuse member is typically in the range of about 1.5 inches to about 6 inches(see para[0065]), however Masek does not specifically detail that the neck down portion has a length of at least about 2 inches.
Zhao teaches a similar seismic bracing yield fuse(fig 11), which is shown in figure 11 as having two ends(A in annotated figure 11 above) each with a first width, a central bar having a neck down portion(B in annotated figure 11 above) having a substantially constant cross section along a length of the neck down portion, wherein the neck down portion has substantially parallel side edges along the length of the neck down portion, wherein the neck down portion has a second width that is less than the first width(fig 11), and two transition portions(C in annotated figure 11 above) on both ends of the neck down portion, wherein the two transition portions each comprise two curved portions positioned on either side of the neck down portion, with the substantially parallel side edges of the neck down portion extending between the two transition portions. It would have been obvious to one of ordinary skill in the art as of the effective filing date to use the fuse member of Zhao in place of the fuse member in the seismic bracing yield fuse of Masek, as the two elements are the obvious functional equivalents of one another, as they perform substantially the same function in substantially the same manner.
Zhao further teaches that the length of the neck down portion(lBy see para[0089]) can selected to produce a desired elastic axial rigidity of the yield section of the fuse(see para[0088-0089]). It would have been obvious to one of ordinary skill in the art, as of the effective filing date without undue experimentation to make the length of the neck down portion any desired value, such as at least about 2 inches, to yield a desired elastic axial rigidity, as taught by Zhao, as one of ordinary skill in the art, given the teachings of Zhao, would have been able to make the neck down portion with any desired length to correspond to a desired elastic axial rigidity.
[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(20,22) 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 central bar further comprises two transition portions(curved portions between square ends and reduced width portion 28 in fig 2) positioned on both ends of the neck down portion, wherein the two transition portions each comprise two curved portions positioned on either side of the neck down portion(fig 2), and wherein the side edges of the neck down portion extend between the two transition portions(fig 2), 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).
Masek further teaches that the neck down portion has what appears to be slightly curved sides along the length of the neck down portion(as seen in figure 2) and may not teach that the neck down portion comprises substantially parallel side edges alone the length of the neck down portion. Masek further teaches that the total length(L1) of the fuse member between the apertures located in the ends of the fuse member is typically in the range of about 1.5 inches to about 6 inches(see para[0065]), however Masek does not specifically detail that the neck down portion has a length of at least about 2 inches.
Zhao teaches a similar seismic bracing yield fuse(fig 11), which is shown in figure 11 as having two ends(A in annotated figure 11 above) each with a first width, a central bar having a neck down portion(B in annotated figure 11 above) having a substantially constant cross section along a length of the neck down portion, wherein the neck down portion has substantially parallel side edges along the length of the neck down portion, wherein the neck down portion has a second width that is less than the first width(fig 11), and two transition portions(C in annotated figure 11 above) on both ends of the neck down portion, wherein the two transition portions each comprise two curved portions positioned on either side of the neck down portion, with the substantially parallel side edges of the neck down portion extending between the two transition portions. It would have been obvious to one of ordinary skill in the art as of the effective filing date to use the fuse member of Zhao in place of the fuse member in the seismic bracing yield fuse of Masek, as the two elements are the obvious functional equivalents of one another, as they perform substantially the same function in substantially the same manner.
Zhao further teaches that the length of the neck down portion(lBy see para[0089]) can selected to produce a desired elastic axial rigidity of the yield section of the fuse(see para[0088-0089]). It would have been obvious to one of ordinary skill in the art, as of the effective filing date without undue experimentation to make the length of the neck down portion any desired value, such as at least about 2 inches, to yield a desired elastic axial rigidity, as taught by Zhao, as one of ordinary skill in the art, given the teachings of Zhao, would have been able to make the neck down portion with any desired length to correspond to a desired elastic axial rigidity.
[claim 21] when arranged as above, wherein the neck down portion has the length of from at least about 2 inches to at least about 6 inches.
Claim(s) 17 is rejected under 35 U.S.C. 103 as being unpatentable over Masek et al. in view of Zhao et al. as applied to claims 15 and 16 above, and further in view of Draexlmaier(DE102021102545).
[claim 17] Masek in view of Zhao teaches a seismic bracing yield fuse as detailed above, where the second housing member(36) is nested in the first housing member(34). Masek and Zhao 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 with respect to claim(s) 1,15,18,19 and 20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
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/BRADLEY DUCKWORTH/ Primary Examiner, Art Unit 3632
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