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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“a connection mechanism” in claims 1 and 10.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. The specification identifies the “connection mechanism” as a “welding mechanism” which includes using a flat bar with weld points. The specification can also possibly be interpreted as an elastic pad being the “connection mechanism” since the pad is inserted between the surfaces to distribute the forces between the members.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Regarding claims 4 and 9, the language between the preamble and portions of the body of the claim are inconsistent. For example, the preamble of the claims set for the subcombination "a connection assembly mechanism"; however, lines 2 and 1-2, respectively of the claim recites “the wall bracket conforms with an edge portion of the base portion….of the vertical precast structure” and “the vertical precast structure is a precast wall” which sets forth a positive relationship between the connection assembly mechanism and the precast vertical and horizontal structures thus appears to claim a combination. Clarification is required. For purposes of examination, this claims are being examined as if directed to the subcombination, capable of use with precast structures.
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) 1-9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 4,894,292 to DeLuca.
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Regarding claim 1, DeLuca discloses a connection assembly mechanism comprising: a flat bracket (See Figure above) having a first surface (See Figure above) and a second surface (See Figure above), the second surface configured for flush mounting with a horizontal precast structure (capable of flush mounting); a first set of shear connectors (See Figure above), extending from the first surface, configured for embedding within the horizontal precast structure (capable of embedding within a horizontal precast member); a wall bracket (See Figure above) having a horizontal flange (See Figure above) and a vertical flange (See Figure above) orthogonal to each other, wherein an outer surface of the horizontal flange is configured for flush-mounting with a base portion of a pocket member of a vertical precast structure (capable of flush mounting with a vertical precast structure); a second set of shear connectors (See Figure above), extending from inner surfaces of the horizontal flange and the vertical flange (See Figure above), configured for embedding within the vertical precast structure (capable of embedding within vertical structure); and a connection mechanism (See Figure above) configured for coupling the outer surface of the horizontal flange of the wall bracket and the second surface of the flat bracket, thereby coupling the horizontal precast structure and the vertical precast structure at a construction site.
Regarding claim 2, further comprising an elastic pad (See Figure above) configured for slab bearing between the second surface of the flat bracket and the outer surface of the horizontal flange of the wall bracket (See Figure above).
Regarding claim 3, wherein the wall bracket further comprises an angular elongated connector configured for embedding within the vertical precast structure (capable of being embedded within a vertical structure).
Regarding claim 4, wherein the horizontal flange and the vertical flange of the wall bracket conform with an edge portion of the base portion of the pocket member provided at a top portion of the vertical precast structure (the flanges are capable of engaging an edge portion of a vertical structure opening/shoulder).
Regarding claim 5, further comprising an outer surface of the vertical flange of the wall bracket configured for chamfer-mounting at a vertical portion orthogonal to the base portion of the pocket member of the vertical precast structure (capable of chamfer-mounting).
Regarding claim 6, further comprising a flat bar (See Figure above) configured for mechanically coupling the outer surface of the horizontal flange of the wall bracket with the second surface of the flat bracket at a first side with respect to the first set of shear connectors.
Regarding claim 7, further comprising a flat bar (See Figure above) configured for mechanically coupling the outer surface of the horizontal flange of the wall bracket with the second surface of the flat bracket at a second side with respect to the first set of shear connectors.
Regarding claim 8, wherein the first set of shear connectors is further configured for embedding within a concrete portion of the horizontal precast structure, wherein top portions of the first set of shear connectors are further configured for embedding in a base of a structural topping of the horizontal precast structure (shear connectors are capable of being embedded within concrete and a topping if the topping is desired in use).
Regarding claim 9, wherein the vertical precast structure is a precast wall (assembly mechanism is capable of being used with a precast wall).
Claim(s) 1, 2, and 4-9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN 114045963 A to Wu et al.
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Regarding claim 1, Wu discloses a connection assembly mechanism comprising: a flat bracket (See Figure above) having a first surface (See Figure above) and a second surface (See Figure above), the second surface configured for flush mounting with a horizontal precast structure (capable of flush mounting with a horizontal structure); a first set of shear connectors (See Figure above), extending from the first surface, configured for embedding within the horizontal precast structure (capable of embedding within a horizontal structure); a wall bracket (See Figure above) having a horizontal flange (See Figure above) and a vertical flange (See Figure above) orthogonal to each other, wherein an outer surface of the horizontal flange is configured for flush-mounting with a base portion of a pocket member of a vertical precast structure (capable of being flush mount with a vertical precast structure); a second set of shear connectors (See Figure above), extending from inner surfaces of the horizontal flange and the vertical flange (See Figure above), configured for embedding within the vertical precast structure (capable of embedding within a recast vertical structure); and a connection mechanism (See Figure above) configured for coupling the outer surface of the horizontal flange of the wall bracket and the second surface of the flat bracket (See Figure above), thereby coupling the horizontal precast structure and the vertical precast structure at a construction site (capable of securing a vertical and horizontal precast structure).
Regarding claim 2, further comprising an elastic pad (gasket 321) configured for slab bearing between the second surface of the flat bracket and the outer surface of the horizontal flange of the wall bracket.
Regarding claim 4, wherein the horizontal flange and the vertical flange of the wall bracket conform with an edge portion of the base portion of the pocket member provided at a top portion of the vertical precast structure (capable of conforming with an edge portion of a vertical structure).
Regarding claim 5, further comprising an outer surface of the vertical flange of the wall bracket configured for chamfer-mounting at a vertical portion orthogonal to the base portion of the pocket member of the vertical precast structure (capable of chamfer mounting at a vertical portion of the vertical structure).
Regarding claim 6, further comprising a flat bar (See Figure above) configured for mechanically coupling the outer surface of the horizontal flange of the wall bracket with the second surface of the flat bracket at a first side with respect to the first set of shear connectors.
Regarding claim 7, further comprising a flat bar (See Figure above) configured for mechanically coupling the outer surface of the horizontal flange of the wall bracket with the second surface of the flat bracket at a second side with respect to the first set of shear connectors.
Regarding claim 8, wherein the first set of shear connectors is further configured for embedding within a concrete portion of the horizontal precast structure, wherein top portions of the first set of shear connectors are further configured for embedding in a base of a structural topping of the horizontal precast structure (shear connectors are capable of being embedded within concrete and a topping if the topping is desired in use).
Regarding claim 9, wherein the vertical precast structure is a precast wall (assembly mechanism is capable of being used with a precast wall).
Allowable Subject Matter
Claims 10-20 are allowed.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art of record fails to disclose the assembly mechanism and the relationship and orientation between the assembly mechanism and the horizontal and vertical precast structures. More specifically the prior art of record fails to disclose the bracket having shear connectors engaging the horizontal precast structure, the wall bracket with shear connectors engaging the vertical precast structure, and the connection between the specific surfaces of the flat bracket and the wall bracket.
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