DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
2. Claims 1-2, 4-17, 19-20 as filed on 04/20/2026 are pending and herewith considered as indicated below. Claims 3 and 18 have been cancelled as of 04/20/2026.
Information Disclosure Statement
3. The information disclosure statement (IDS) submitted on 05/02/2024 was filed and is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 103
4. 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.
5. Claims 1-2, 4-17, 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Kinnunen (WO 2007074212) in view of Edscer (GB 2569186 A) and Armstrong (US 20220145620 A1).
In regards to Claim 1, Kinnunen discloses
An assembly for a concrete column [Abstract], the assembly [Abstract] comprising:
a first shoe body [Unnumbered, Fig 3] (see examiners comments) and a second shoe body [Unnumbered, Fig 3] (see examiners comments), each of the first shoe body [Unnumbered, Fig 3] (see examiners comments) and second shoe body [Unnumbered, Fig 3] (see examiners comments) defining, respectively:
an internal cavity [Unnumbered, Fig 2] (see examiners comments) that is closed [Fig 2] around a rear side [Fig 2] and at opposite lateral sides by a rear wall (3) [Figs 1-2], a first side wall (3) [Figs 1-2], and a second side wall (3) [Figs 1-2] of the first or second shoe body [Unnumbered, Fig 3] (see examiners comments);
a lower wall (1) [Figs 1-2] with a lower rod opening (2) [Fig 1] that defines a connection axis [Fig. 8]
an opening [Fig 2] that opens into the internal cavity [Unnumbered, Fig 2] (see examiners comments) at a front side [Fig 2, Showing Front Side] of the shoe body [Unnumbered, Fig 3] (see examiners comments)
However, Kinnunen fails to disclose
a lower wall with a lower rod opening that defines a connection axis and receives a threaded end of a first length of rod into the internal cavity along the connection axis;
an upper wall that secures a second length of rod opposite the lower rod opening;
an opening that opens into the internal cavity at a front side of the shoe body to provide access to secure the threaded end of the first length of rod within the internal cavity;
a first lug protruding from one or more of the first side wall or the rear wall, wherein the first lug includes a first bore with a first bore axis that extends substantially parallel to the connection axis; and
a second lug protruding from one or more of the second side wall or the rear wall, wherein the second lug includes a second bore with a second bore axis that extends substantially parallel to the connection axis; and
a tie assembly that includes a first rebar tie extending through the first bore of the first shoe body, along the first bore axis, and through the second bore of the second shoe body, along the second bore axis, to be secured to and extend between the first lug of the first shoe body and the second lug of the second shoe body to secure the first and second shoe bodies together.
Furthermore, Edscer discloses
a lower wall (1, Kinnunen) [Figs 1-2] with a lower rod opening (2, Kinnunen) [Fig 1] that defines a connection axis [Fig. 8, Kinnunen] and receives a threaded end [2c, threaded portion] [Abstract] [Fig 2] of a first length of rod (2c) [Abstract] [Fig 2] into the internal cavity [Unnumbered, Fig 2, Kinnunen] (see examiners comments) along the connection axis [Fig. 8, Kinnunen];
an upper wall [Unnumbered, Fig 2] (See examiners comments) that secures a second length of rod (2c) [Abstract] [Fig 2] opposite the lower rod opening (2, Kinnunen) [Fig 1];
an opening [Fig 2, Kinnunen] that opens into the internal cavity [Unnumbered, Fig 2, Kinnunen] (see examiners comments) at a front side [Fig 2, Showing Front Side, Kinnunen] of the shoe body [Unnumbered, Fig 3, Kinnunen] (see examiners comments) to provide access to secure the threaded end [2c, threaded portion] [Abstract] [Fig 2] of the first length of rod (2c) [Abstract] [Fig 2] within the internal cavity [Unnumbered, Fig 2, Kinnunen] (see examiners comments);
Based on the prior art relied upon above, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the assembly for a concrete structure as disclosed by Kinnunen to include a lower wall with a lower rod opening that defines a connection axis and receives a threaded end of a first length of rod into the internal cavity along the connection axis; an upper wall that secures a second length of rod opposite the lower rod opening; an opening that opens into the internal cavity at a front side of the shoe body to provide access to secure the threaded end of the first length of rod within the internal cavity as disclosed by Edscer. When modified, the assembly for a concrete structure further would integrate the upper wall as a sealing mechanism further providing a structure to allow threaded rod securing within the shoe body. Additionally, the threaded rods allows for ease of connection and column facilitation.
Furthermore, Armstrong discloses
a first lug (106) [Fig 1B] protruding from one or more of the first side wall (3) [Figs 1-2, Kinnunen] or the rear wall (3, Kinnunen) [Figs 1-2], wherein the first lug (106) [Fig 1B] includes a first bore [0092, “semi circle” as understood by POSITA, semi-circle has a hole indicating a bore] [Fig 1B] with a first bore axis [Fig 1b, showing bore axis] that extends substantially parallel [When modified] to the connection axis [Fig. 8, Kinnunen]; and
a second lug (106) [Fig 1B] protruding from one or more of the second side wall (3, Kinnunen) [Figs 1-2] or the rear wall (3, Kinnunen) [Figs 1-2], wherein the second lug (106) [Fig 1B] includes a second bore [0092, “semi circle” as understood by POSITA, semi-circle has a hole indicating a bore] [Fig 1B] with a second bore axis [Fig 1b, showing bore axis] that extends substantially parallel to the connection axis [Fig. 8, Kinnunen]; and
a tie assembly [Fig 1b, including (110) and (106)] that includes a first rebar tie (110) [Fig 1B] extending [Fig 1B] through the first bore [0092, “semi circle” as understood by POSITA, semi-circle has a hole indicating a bore] [Fig 1B] of the first shoe body [Unnumbered, Fig 3, Kinnunen] (see examiners comments), along the first bore axis [Fig 1b, showing bore axis], and through the second bore [0092, “semi circle” as understood by POSITA, semi-circle has a hole indicating a bore] [Fig 1B] of the second shoe body [Unnumbered, Fig 3, Kinnunen] (see examiners comments), along the second bore axis [Fig 1b, showing bore axis], to be secured to and extend between [Fig 1B] the first lug (106) [Fig 1B] of the first shoe body [Unnumbered, Fig 3, Kinnunen] (see examiners comments) and the second lug (106) [Fig 1B] of the second shoe body [Unnumbered, Fig 3, Kinnunen] (see examiners comments) to secure [Fig 1B] the first and second shoe bodies [Unnumbered, Fig 3, Kinnunen] (see examiners comments) together.
Based on the prior art relied upon above, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the assembly for a concrete structure as disclosed by Kinnunen to include a first lug protruding from one or more of the first side wall or the rear wall, wherein the first lug includes a first bore with a first bore axis that extends substantially parallel to the connection axis; and a second lug protruding from one or more of the second side wall or the rear wall, wherein the second lug includes a second bore with a second bore axis that extends substantially parallel to the connection axis; and a tie assembly that includes a first rebar tie extending through the first bore of the first shoe body, along the first bore axis, and through the second bore of the second shoe body, along the second bore axis, to be secured to and extend between the first lug of the first shoe body and the second lug of the second shoe body to secure the first and second shoe bodies together as disclosed by Armstrong. When modified, the first lug, second lug and tie assembly with all limitations above allows for facilitating secure attachment as shown in Armstrong.
In regards to Claim 2, Kinnunen as modified discloses
The assembly [Abstract] of claim 1, further comprising:
a third shoe body [Unnumbered, Fig 3] (see examiners comments) that defines:
an internal cavity [Unnumbered, Fig 2] (see examiners comments) that is closed around a rear side [Fig 2] and at opposite lateral sides by a rear wall (3) [Figs 1-2], a first side wall (3) [Figs 1-2], and a second wall (3) [Figs 1-2] of the third shoe body [Unnumbered, Fig 3] (see examiners comments);
a lower wall (1) [Figs 1-2] with a lower rod opening (2) [Fig 1] that defines a connection axis [Fig. 8] and receives a threaded end [2c, threaded portion, Edscer] [Abstract] [Fig 2] of a third length of rod (2c, Edscer) [Abstract] [Fig 2] into the internal cavity [Unnumbered, Fig 2] (see examiners comments) along the connection axis [Fig. 8];
an upper wall [Unnumbered, Fig 2, Edscer] (See examiners comments) that secures a fourth length of rod (2c, Edscer) [Abstract] [Fig 2] opposite the lower rod opening (2) [Fig 1];
an opening [Fig 2] that opens [As shown in Fig 2] into the internal cavity [Unnumbered, Fig 2] (see examiners comments) at a front side of the shoe body to provide access to secure the threaded end [2c, threaded portion, Edscer] [Abstract] [Fig 2] of the third length of rod (2c, Edscer) [Abstract] [Fig 2] within the internal cavity [Unnumbered, Fig 2] (see examiners comments);
a first lug (106, Armstrong) [Fig 1B] protruding from one or more of the first side wall (3) [Figs 1-2] or the rear wall (3) [Figs 1-2] and including a first bore [0092, “semi circle” as understood by POSITA, semi-circle has a hole indicating a bore, , Armstrong] [Fig 1B]; and
a second lug (106, Armstrong) [Fig 1B] protruding from one or more of the second side wall (3) [Figs 1-2] or the rear wall (3) [Figs 1-2] and including a second bore [0092, “semi circle” as understood by POSITA, semi-circle has a hole indicating a bore, Armstrong] [Fig 1B];
wherein the tie assembly [Fig 1b, including (110) and (106) , Armstrong] further includes a second rebar tie (110, Armstrong) [Fig 1B] extending through the first bore [0092, “semi circle” as understood by POSITA, semi-circle has a hole indicating a bore, Armstrong] [Fig 1B] of the third shoe body [Unnumbered, Fig 3] (see examiners comments), substantially parallel to the connection axis [Fig. 8] of the third shoe body [Unnumbered, Fig 3] (see examiners comments), and through the second bore [0092, “semi circle” as understood by POSITA, semi-circle has a hole indicating a bore, Armstrong] [Fig 1B] of the first shoe body [Unnumbered, Fig 3] (see examiners comments), substantially parallel to the connection axis [Fig. 8] of the first shoe body [Unnumbered, Fig 3] (see examiners comments), to be secured to and extend between [Fig 1B, Armstrong] the second lug (106, Armstrong) [Fig 1B] of the first shoe body [Unnumbered, Fig 3] (see examiners comments) and the first lug (106, Armstrong) [Fig 1B] of the third shoe body [Unnumbered, Fig 3] (see examiners comments) to tie the first and third shoe bodies [Unnumbered, Fig 3] (see examiners comments) together.
In regards to Claim 4, Kinnunen as modified discloses
The assembly [Abstract] of claim 1
Armstrong discloses
wherein the first lug (106) [Fig 1B] of the first shoe body [Unnumbered, Fig 3, Kinnunen] (see examiners comments) is a first flattened ear [as shown in Figs 1A and 1B, showing flattened ear], and the first bore [0092, “semi circle” as understood by POSITA, semi-circle has a hole indicating a bore] [Fig 1B] receives a first bent end (109) [0093] [Fig 1A] of the first rebar tie (110) [Fig 1B]; and
wherein the second lug (106) [Fig 1B] of the second shoe body [Unnumbered, Fig 3, Kinnunen] (see examiners comments) is a second flattened ear [as shown in Figs 1A and 1B, showing flattened ear], and the second bore [0092, “semi circle” as understood by POSITA, semi-circle has a hole indicating a bore] [Fig 1B] receives a second bent end (109) [0093] [Fig 1A] of the first rebar tie (110) [Fig 1B].
In regards to Claim 5, Kinnunen as modified discloses
The assembly [Abstract] of claim 1
Armstrong discloses
wherein the first bore [0092, “semi circle” as understood by POSITA, semi-circle has a hole indicating a bore] [Fig 1B] of the first lug (106) [Fig 1B] of the first shoe body [Unnumbered, Fig 3, Kinnunen] (see examiners comments) is includes a first bore [0092, “semi circle” as understood by POSITA, semi-circle has a hole indicating a bore] [Fig 1B] spaced apart from the connection axis [Fig. 8, Kinnunen] in a first direction [Fig 1A, 1B] to engage the tie assembly [Fig 1b, including (110) and (106)] by receiving a first bend end (109) [0093] [Fig 1A] of the first rebar tie (110) [Fig 1B]; wherein the second bore [0092, “semi circle” as understood by POSITA, semi-circle has a hole indicating a bore] [Fig 1B] of the second lug (106) [Fig 1B] of the first shoe body [Unnumbered, Fig 3, Kinnunen] (see examiners comments) is includes a second bore [0092, “semi circle” as understood by POSITA, semi-circle has a hole indicating a bore] [Fig 1B] spaced apart from the connection axis [Fig. 8, Kinnunen] in a second direction [Fig 1A, 1B] to engage the tie assembly [Fig 1b, including (110) and (106)], by receiving a first bend end (109) [0093] [Fig 1A] of a second rebar tie (110) [Fig 1B]; and wherein the first direction[Fig 1A, 1B] is angularly offset from the second direction [Fig 1A, 1B] by about 90 degrees [As modified].
Based on the prior art relied upon above, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the assembly by Kinnunen to further include a second rebar tie as disclosed by Armstrong. When modified, the second rebar tie allows for ease of connection.
In regards to Claim 6, Kinnunen as modified discloses
The assembly [Abstract] of claim 1, wherein, as projected onto a plane defined by the opening [Fig 2] into the internal cavity [Unnumbered, Fig 2] (see examiners comments) of the first shoe body [Unnumbered, Fig 3] (see examiners comments), the first lug (106, Armstrong) [Fig 1B] of the first shoe body [Unnumbered, Fig 3] (see examiners comments) extends laterally to the outside of the first side wall (3) [Figs 1-2] of the first shoe body [Unnumbered, Fig 3] (see examiners comments) and the second lug (106, Armstrong) [Fig 1B] of the first shoe body [Unnumbered, Fig 3] (see examiners comments) extends laterally to the outside of the second side wall (3) [Figs 1-2] of the first shoe body [Unnumbered, Fig 3] (see examiners comments).
In regards to Claim 7, Kinnunen as modified discloses
The assembly [Abstract] of claim 1, wherein the upper wall [Unnumbered, Fig 2, Edscer] (See examiners comments) of the first shoe body [Unnumbered, Fig 3, Kinnunen] (see examiners comments) secures the second length of rod (2c, Edscer) [Abstract] [Fig 2] with a threaded connection (3, Edscer) [Fig 2].
In regards to Claim 8, Kinnunen as modified discloses the assembly [Abstract] of claim 7 and the first shoe body [Unnumbered, Fig 3] (see examiners comments).
However, fails to disclose wherein the upper wall of the first shoe body includes a threaded bore that receives one of:
a threaded end of the second length of rod; or
a threaded adapter that is secured to the second length of rod.
Furthermore, Edscer discloses
wherein the upper wall [Unnumbered, Fig 2] (See examiners comments) of the first shoe body [Unnumbered, Fig 3, Kinnunen] (see examiners comments) includes a threaded bore [Unnumbered, Fig 2] (see examiners comments) that receives one of:
a threaded end [2c, threaded portion] [Abstract] [Fig 2] of the second length of rod (2c) [Abstract] [Fig 2]; or
a threaded adapter (3) [Fig 2] that is secured to the second length of rod (2c) [Abstract] [Fig 2].
Based on the prior art relied upon above, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the assembly for a concrete structure as disclosed by Kinnunen to include wherein the upper wall includes a threaded bore that receives one of: a threaded end of the second length of rod or a threaded adapter that is secured to the second length of rod as disclosed by Edscer. When modified the assembly would further include an upper wall that includes a threaded bore that receives one of: a threaded end of the second length of rod or a threaded adapter that is secured to the second length of rod. This facilitates a securing mechanism for the threaded rob from the column by further providing an adapter that secures the rod in place when inserted into the threaded bore.
In regards to Claim 9, Kinnunen as modified discloses
An assembly [Abstract] for a concrete installation [0013], the assembly comprising:
a first shoe body [Unnumbered, Fig 3] (see examiners comments), a second shoe body [Unnumbered, Fig 3] (see examiners comments), and a third shoe body [Unnumbered, Fig 3] (see examiners comments);
each of the first shoe body [Unnumbered, Fig 3] (see examiners comments), the second shoe body [Unnumbered, Fig 3] (see examiners comments), and the third shoe body [Unnumbered, Fig 3] (see examiners comments) including, respectively:
an enclosed internal cavity [Unnumbered, Fig 2] (see examiners comments);
However Kinnunen fails to disclose
a lower rod opening that receives a threaded end of a corresponding first length of rod into the internal cavity along a connection axis to be secured within the internal cavity;
an upper wall that secures a corresponding second length of rod on an opposite side of the enclosed internal cavity from the lower rod opening;
a first lug protruding in a first direction away from the connection axis; and
a second lug protruding in a second direction away from the connection axis; and
a tie assembly that includes:
a first rigid tie that extends between the first lug of the first shoe body and the second lug of the second shoe body to secure the first and second shoe bodies together, the first rigid tie including a first bent end that is received into the first lug of the first shoe body and a second bent end that is received into the second lug of the second shoe body; and
a second rigid tie that extends between the second lug of the first shoe body and the first lug of the third shoe body to secure the first and third shoe bodies together.
Furthermore, Edscer discloses
a lower rod opening (2, Kinnunen) [Fig 1] that receives a threaded end [2c, threaded portion] [Abstract] [Fig 2] of a corresponding first length of rod (2c) [Abstract] [Fig 2] into the internal cavity [Unnumbered, Fig 2, Kinnunen] (see examiners comments) along a connection axis [Fig. 8, Kinnunen] to be secured within the internal cavity [Unnumbered, Fig 2, Kinnunen] (see examiners comments);
an upper wall [Unnumbered, Fig 2] (See examiners comments) that secures a corresponding second length of rod (2c) [Abstract] [Fig 2] on an opposite side of the enclosed internal cavity [Unnumbered, Fig 2, Kinnunen] (see examiners comments) from the lower rod opening (2, Kinnunen) [Fig 1];
Based on the prior art relied upon above, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the assembly for a concrete structure as disclosed by Kinnunen to include a lower rod opening that receives a threaded end of a corresponding first length of rod into the internal cavity along a connection axis to be secured within the internal cavity and an upper wall that secures a corresponding second length of rod on an opposite side of the enclosed internal cavity from the lower rod opening as disclosed by Edscer. When modified, the assembly for a concrete structure further would integrate the upper wall as a sealing mechanism further providing a structure to allow threaded rod securing within the shoe body. Additionally, the threaded rods allows for ease of connection and column facilitation.
Furthermore, Armstrong discloses
a first lug (106) [Fig 1B] protruding in a first direction [Fig 1A, 1B] away from the connection axis [Fig. 8, Kinnunen]; and
a second lug (106) [Fig 1B] protruding in a second direction [Fig 1A, 1B] away from the connection axis [Fig. 8, Kinnunen]; and
a tie assembly [Fig 1b, including (110) and (106)] that includes:
a first rigid tie (110) [Fig 1B] [0093] that extends between the first lug (106) [Fig 1B] of the first shoe body [Unnumbered, Fig 3, Kinnunen] (see examiners comments) and the second lug (106) [Fig 1B] of the second shoe body [Unnumbered, Fig 3, Kinnunen] (see examiners comments) to secure the first and second shoe bodies together, the first rigid tie (110) [Fig 1B] [0093] including a first bent end (109) [0093] [Fig 1A] that is received into the first lug (106) [Fig 1B] of the first shoe body [Unnumbered, Fig 3, Kinnunen] (see examiners comments) and a second bent end (109) [0093] [Fig 1A] that is received into the second lug (106) [Fig 1B] of the second shoe body [Unnumbered, Fig 3, Kinnunen] (see examiners comments); and
a second rigid tie (110) [Fig 1B] [0093] that extends between the second lug (106) [Fig 1B] of the first shoe body [Unnumbered, Fig 3, Kinnunen] (see examiners comments) and the first lug (106) [Fig 1B] of the third shoe body [Unnumbered, Fig 3, Kinnunen] (see examiners comments)to secure the first and third shoe bodies [Unnumbered, Fig 3, Kinnunen] (see examiners comments) together.
Based on the prior art relied upon above, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the assembly for a concrete structure as disclosed by Kinnunen to include a first lug protruding in a first direction away from the connection axis; and a second lug protruding in a second direction away from the connection axis; and a tie assembly that includes: a first rigid tie that extends between the first lug of the first shoe body and the second lug of the second shoe body to secure the first and second shoe bodies together the first rigid tie including a first bent end that is received into the first lug of the first shoe body and a second bent end that is received into the second lug of the second shoe body; and a second rigid tie that extends between the second lug of the first shoe body and the first lug of the third shoe body to secure the first and third shoe bodies together as disclosed by Armstrong. When modified, the first lug, second lug and tie assembly with all limitations above allows for facilitating secure attachment as shown in Armstrong.
In regards to Claim 10, Kinnunen as modified discloses
The assembly [Abstract] of claim 9, wherein the concrete installation [0013]
the first shoe body [Unnumbered, Fig 3] (see examiners comments) is embedded [0013] within concrete [0013]
However, fails to disclose wherein the concrete installation forms a first corner.
Based on the prior art relied upon above, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the assembly for a concrete installation as disclosed by Kinnunen to form a first corner and embed the first shoe body within the concrete of the first corner, due to the nature of create a concrete column.
In regards to Claim 11, Kinnunen as modified discloses
The assembly [Abstract] of claim 9, further comprising:
a fourth shoe body [Unnumbered, Fig 3] (see examiners comments) that includes:
an internal cavity [Unnumbered, Fig 2] (see examiners comments);
a lower rod opening (2) [Fig 1] that receives a threaded end [2c, threaded portion, Edscer] [Abstract] [Fig 2] of a corresponding first length of rod (2c, Edscer) [Abstract] [Fig 2] into the internal cavity [Unnumbered, Fig 2] (see examiners comments) along a connection axis [Fig. 8] to be secured within the internal cavity [Unnumbered, Fig 2] (see examiners comments);
an upper wall [Unnumbered, Fig 2, Edscer] (See examiners comments) that secures a corresponding second length of rod (2c, Edscer) [Abstract] [Fig 2] on an opposite side of the enclosed internal cavity [Unnumbered, Fig 2] (see examiners comments) from the lower rod opening (2) [Fig 1];
a first lug (106, Armstrong) [Fig 1B] protruding in a first direction [Fig 1A, 1B, , Armstrong] away from the connection axis [Fig. 8]; and
a second lug (106, Armstrong) [Fig 1B] protruding in a second direction [Fig 1A, 1B] away from the connection axis [Fig. 8];
wherein the tie assembly [Fig 1b, including (110) and (106) , Armstrong] further includes:
a third rigid tie (110, Armstrong) [Fig 1B] [0093] that extends between the first lug (106, Armstrong) [Fig 1B] of the second shoe body [Unnumbered, Fig 3] (see examiners comments) and the second lug (106, Armstrong) [Fig 1B] of the fourth shoe body [Unnumbered, Fig 3] (see examiners comments) to secure the second and fourth shoe bodies [Unnumbered, Fig 3] (see examiners comments) together; and
a fourth rigid tie (110, Armstrong) [Fig 1B] [0093] that extends between the second lug (106, Armstrong) [Fig 1B] of the third shoe body [Unnumbered, Fig 3] (see examiners comments) and the first lug (106, Armstrong) [Fig 1B] of the fourth shoe body [Unnumbered, Fig 3] (see examiners comments) to secure the third and fourth shoe bodies [Unnumbered, Fig 3] (see examiners comments) together.
In regards to Claim 12, Kinnunen as modified discloses
The assembly [Abstract] of claim 9, wherein the first shoe body [Unnumbered, Fig 3] (see examiners comments).
However fails to disclose
includes a first bore that receives the first bent end along a first axis that is substantially parallel to the connection axis of the first shoe body; and
wherein the second lug of the second shoe body includes a second bore that receives the second bend end along a second axis that is substantially parallel to the connection axis of the second shoe body
Furthermore, Armstrong discloses
includes a first bore [0092, “semi circle” as understood by POSITA, semi-circle has a hole indicating a bore] [Fig 1B] that receives the first bent end (109) [0093] [Fig 1A] along a first axis that is substantially parallel to the connection axis [Fig. 8] of the first shoe body [Unnumbered, Fig 3, Kinnunen] (see examiners comments); and
wherein the second lug (106) [Fig 1B] of the second shoe body [Unnumbered, Fig 3, Kinnunen] (see examiners comments) includes a second bore [0092, “semi circle” as understood by POSITA, semi-circle has a hole indicating a bore] [Fig 1B] that receives the second bend end (109) [0093] [Fig 1A] along a second axis [As modified] that is substantially parallel to the connection axis [Fig. 8, Kinnunen] of the second shoe body [Unnumbered, Fig 3, Kinnunen] (see examiners comments)
Based on the prior art relied upon above, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the assembly for a concrete structure as disclosed by Kinnunen to include the first tie with a first bent end and second bent end as disclosed by Armstrong. When modified, the assembly for a concrete structure further would integrate the first tie secured to each of the lugs, and extending between, the first lug of the first shoe body and the second lug of the second shoe body
In regard to Claim 13, Kinnunen as modified discloses
The assembly [Abstract] of claim 12, wherein the first lug (106) [Fig 1B] of the first shoe body [Unnumbered, Fig 3] (see examiners comments) is a first flattened ear [as shown in figure 1B, “flattened”] that includes the first bore [0092, “semi circle” as understood by POSITA, semi-circle has a hole indicating a bore, Armstrong] [Fig 1B]; and
wherein the second lug (106) [Fig 1B] of the second shoe body [Unnumbered, Fig 3] (see examiners comments) is a second flattened ear [as shown in figure 1B, “flattened”] that includes the second bore [0092, “semi circle” as understood by POSITA, semi-circle has a hole indicating a bore, Armstrong] [Fig 1B]
In regards to Claim 14, Kinnunen as modified discloses
The assembly [Abstract] of claim 9, wherein the first lug (106) [Fig 1B] of the first shoe body [Unnumbered, Fig 3] (see examiners comments) is a first ear [Figs 1a 1b, showing ear], integrally formed with the first shoe body [Unnumbered, Fig 3] (see examiners comments) and including the first bore [0092, “semi circle” as understood by POSITA, semi-circle has a hole indicating a bore, Armstrong] [Fig 1B] spaced apart from the connection axis [Fig. 8] in the first direction [Fig 1A, 1B, Armstrong] to receive the first rigid tie (110) [Fig 1B] [0093]; and
wherein the second lug (106, Armstrong) [Fig 1B] of the first shoe body [Unnumbered, Fig 3] (see examiners comments) is a second ear [Fig 1B and 1A, Showing ear], integrally formed with the first shoe body [Unnumbered, Fig 3] (see examiners comments) and including the second bore [0092, “semi circle” as understood by POSITA, semi-circle has a hole indicating a bore, Armstrong] [Fig 1B] spaced apart from the connection axis [Fig. 8] in the second direction [Fig 1A, 1B, Armstrong] to receive the second rigid tie (110, Armstrong) [Fig 1B] [0093].
In regards to Claim 15, Kinnunen as modified discloses
The assembly [Abstract] of claim 14,
However fails to disclose
wherein the first direction is angularly offset from the second direction by about 90 degrees.
Armstrong discloses
wherein the first direction [Fig 1A, 1B, Armstrong] is angularly offset [Fig 1A, 1B, Armstrong] from the second direction [Fig 1A, 1B, Armstrong].
Based on the prior art relied upon above, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the assembly by Kinnunen to further include wherein the first direction is angularly offset from the second direction by about 90 degrees. When modified, the first and second lug would be placed on the shoe bodies of Kinnunen in a approx. 90 deg direction relative to one another in order to ensure connection between the different shoe bodies as formed as a square column.
In regards to Claim 16, Kinnunen as modified discloses
The assembly [Abstract] of claim 9, wherein the lower rod opening (2) [Fig 1] is formed in a lower wall (1) [Figs 1-2] at a lower end of the first shoe body [Unnumbered, Fig 3] (see examiners comments); and
wherein, as projected onto a plain perpendicular [As shown in Fig 8, the plain is perpendicular to the connection axis] to the connection axis [Fig. 8], the first and second lugs (106, Armstrong) [Fig 1B] extend wider than the lower wall (1) [Figs 1-2] and the internal cavity [Unnumbered, Fig 2] (see examiners comments) along a lateral direction [Figs 1-2, showing lateral direction].
In regards to Claim 17, Kinnunen discloses
A method [0013] of forming a concrete column [0013, Fig 3 showing the forming], the method comprising:
arranging [Fig 3/examiner comments, showing the first and second shoe bodies arranged] a first shoe body [Unnumbered, Fig 3] (see examiners comments) and a second shoe body [Unnumbered, Fig 3] (see examiners comments) in a spaced array with:
internal cavities [Unnumbered, Fig 2] (see examiners comments) of the first and second shoe bodies [Unnumbered, Fig 3] (see examiners comments) closed around a rear side [Fig 2] and at opposite lateral sides by a rear wall (3) [Figs 1-2], a first side wall (3) [Figs 1-2], and a second side wall (3) [Figs 1-2] of the respective first or second shoe body [Unnumbered, Fig 3] (see examiners comments);
However, Kinnunen fails to disclose
lower rod openings defining connection axes to receive threaded ends of first lengths of rod into the internal cavities ; and
openings into the internal cavity at front sides of the shoe bodies providing access to the threaded ends of the first lengths of rod within the internal cavities; and
first and second lugs extending away from the corresponding connection axis;
securing second lengths of rod to upper ends of the first and second shoe bodies;
engaging a tie assembly with the first and second shoe bodies, including:
securing a first rebar tie to the first lug of the first shoe body and to the second lug of the second shoe body to extend between, and secure together, the first and second shoe bodies,
wherein securing the first rebar tie to the first lug of the first shoe body includes extending a bent first end of the first rebar tie through the first lug; and
securing the first rebar tie to the second lug of the second shoe body includes extending a bent second end of the first rebar tie through the second lug; and
pouring concrete to cover the first and second shoe bodies and the tie assembly, with the lower rod openings and the openings at the front sides of the first and second shoe bodies remaining exposed to an exterior of the concrete.
Furthermore, Edscer discloses
lower rod openings (2, Kinnunen) [Fig 1] defining connection axes [Fig. 8, Kinnunen] to receive threaded ends [2c, threaded portion] [Abstract] [Fig 2] of first lengths of rod (2c, Edscer) [Abstract] [Fig 2] into the internal cavities [Unnumbered, Fig 2, Kinnunen] (see examiners comments); and
openings [Fig 2, Showing Openings into the internal cavity, Kinnunen] into the internal cavity [Unnumbered, Fig 2, Kinnunen] (see examiners comments) at front sides of the shoe bodies [Unnumbered, Fig 3, Kinnunen] (see examiners comments) providing access to the threaded ends [2c, threaded portion] [Abstract] [Fig 2] of the first lengths of rod (2c, Edscer) [Abstract] [Fig 2] within the internal cavities [Unnumbered, Fig 2, Kinnunen] (see examiners comments); and
securing [As modified, securing second length of rod] second lengths of rod [2c, threaded portion] [Abstract] [Fig 2] to upper ends of the first and second shoe bodies [Unnumbered, Fig 2, Kinnunen] (see examiners comments);
Based on the prior art relied upon above, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the method by Kinnunen to further include lower rod openings defining connection axes to receive threaded ends of first lengths of rod into the internal cavities; and openings into the internal cavity at front sides of the shoe bodies providing access to the threaded ends of the first lengths of rod within the internal cavities; and securing second lengths of rod to upper ends of the first and second shoe bodies; as disclosed by Edscer. When modified, the threaded ends of the first and second lengths of rods and assembly with all limiations allows for ease of securement. Additionally, would integrate the upper ends as a sealing mechanism further providing a structure to allow rod attachment within the column.
Furthermore, Armstrong discloses
first and second lugs (106) [Fig 1B] extending away from the corresponding connection axis [Fig. 8, Kinnunen];
engaging [Fig 1b, showing engaging] a tie assembly [Fig 1b, including (110) and (106)] with the first and second shoe bodies [Unnumbered, Fig 2, Kinnunen] (see examiners comments), including:
securing [Fig 1b, showing secured] a first rebar tie (110) [Fig 1B] to the first lug (106) [Fig 1B] of the first shoe body [Unnumbered, Fig 3, Kinnunen] (see examiners comments) and to the second lug (106) [Fig 1B] of the second shoe body [Unnumbered, Fig 3, Kinnunen] (see examiners comments) to extend between, and secure together, the first and second shoe bodies [Unnumbered, Fig 3, Kinnunen] (see examiners comments),
wherein securing [[Fig 1b, showing secured] the first rebar tie (110) [Fig 1B] to the first lug (106) [Fig 1B] of the first shoe body [Unnumbered, Fig 3, Kinnunen] (see examiners comments) includes extending a bent first end (109) [Fig 1B] of the first rebar tie (110) [Fig 1B] through the first lug (106) [Fig 1B]; and
securing [Fig 1b, showing secured] the first rebar tie (110) [Fig 1B] to the second lug (106) [Fig 1B] of the second shoe body [Unnumbered, Fig 3, Kinnunen] (see examiners comments) includes extending a bent second end (109) [Fig 1B] of the first rebar tie (110) [Fig 1B] through the second lug (106) [Fig 1B]; and
pouring concrete [0013, not shown in figures, Kinnunen] to cover the first and second shoe bodies [Unnumbered, Fig 3, Kinnunen] (see examiners comments) and the tie assembly [Fig 1b, including (110) and (106)], with the lower rod openings (2, Kinnunen) [Fig 1] and the openings [Fig 2, Kinnunen] at the front sides [Fig 2] of the first and second shoe bodies [Unnumbered, Fig 3, Kinnunen] (see examiners comments) remaining exposed to an exterior of the concrete [0013, Kinnunen].
Based on the prior art relied upon above, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the method by Kinnunen to further include first and second lugs extending away from the corresponding connection axis; engaging a tie assembly with the first and second shoe bodies, including: securing a first rebar tie to the first lug of the first shoe and to the second lug of the second shoe body to extend between, and secure together, the first and second shoe bodies,
wherein securing the first rebar tie to the first lug of the first shoe body includes extending a bent first end of the first rebar tie through the first lug; and securing the first rebar tie to the second lug of the second shoe body includes extending a bent second end of the first rebar tie through the second lug; and pouring concrete to cover the first and second shoe bodies and the tie assembly, with the lower rod openings and the openings at the front sides of the first and second shoe bodies remaining exposed to an exterior of the concrete. as disclosed by Ref 2. When modified, the first and second lugs and tie assembly with all limitations allows for ease of installation and securement between the shoe bodies. Allowing for an instead rigid connection system during installation and concrete pouring.
In regards to Claim 19, Kinnunen as modified discloses
The method [0013] of claim 17
Armstrong discloses
wherein the first bent end (109) [0093] [Fig 1A] of the first rebar tie (110) [Fig 1B] extends through a first bore [0092, “semi circle” as understood by POSITA, semi-circle has a hole indicating a bore] [Fig 1B] of the first lug (106) [Fig 1B] of the first shoe body [Unnumbered, Fig 3, Kinnunen] (see examiners comments) substantially parallel to the connection axis [Fig. 8, Kinnunen] of the first shoe body [Unnumbered, Fig 3, Kinnunen] (see examiners comments);
wherein the second bent end (109) [0093] [Fig 1A] of the first rebar tie (110) [Fig 1B] extends through a second bore [0092, “semi circle” as understood by POSITA, semi-circle has a hole indicating a bore] [Fig 1B] of the second lug (106) [Fig 1B] of the second shoe body [Unnumbered, Fig 3, Kinnunen] (see examiners comments) substantially parallel to the connection axis [Fig. 8, Kinnunen] of the second shoe body [Unnumbered, Fig 3, Kinnunen] (see examiners comments); and
wherein the first rebar tie (110) [Fig 1B] extends between the first and second shoe bodies [Unnumbered, Fig 3, Kinnunen] (see examiners comments) transverse to the connection axes [Fig 8, , Kinnunen] of the first and second shoe bodies [Unnumbered, Fig 3, Kinnunen] (see examiners comments).
In regards to Claim 20, Kinnunen as modified discloses
The method [0013] of claim 17,
Armstrong discloses
wherein the first rebar tie (110) [Fig 1B] is secured to the first lug (106) [Fig 1B] of the first shoe body [Unnumbered, Fig 3, Kinnunen] (see examiners comments), spaced apart from the connection axis [Fig. 8, Kinnunen] of the first shoe body [Unnumbered, Fig 3] (see examiners comments) in a first direction [Fig 1A, 1B]; and
wherein the method [0013, Kinnunen] further includes, before pouring the concrete [0013], securing [Fig 1B, Showing Secured] a second rebar tie (110) [Fig 1B] to the second lug (106) [Fig 1B] of the first shoe body [Unnumbered, Fig 3, Kinnunen] (see examiners comments), spaced apart from the connection axis [Fig. 8, Kinnunen] of the first shoe body [Unnumbered, Fig 3] (see examiners comments) in a second direction [Fig 1A, 1B] that is angularly offset from the first direction by about 90 degrees [As modified], to secure the first shoe body [Unnumbered, Fig 3] (see examiners comments) to a third shoe body [Unnumbered, Fig 3] (see examiners comments).
Examiners Comments
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Response to Arguments
1. Claim Rejections 35 USC 112: Applicant' s argument with respect to the claims rejected under 35 USC 112 is persuasive and rejection of the claims pursuant to 35 USC 112 is hereby withdrawn.
2. Claim Rejections 35 USC 103: Applicant' s arguments with respect to all claims have been considered but are not persuasive. Additionally, for each argument set and iterated by the Applicant, the examiner has classified in alphabetical order for ease of clarity and communication.
A. In regards to Independent Claim 1, Applicant iterates the combination of Kinnunen in view of Edscer do not disclose or suggest ever element of Claim 1.
B. Applicant further iterates Claim 1 recites an assembly for a concrete column that includes a first shoe body and a second shoe body, each with an internal cavity and a connection axis to receive a length of rod into the internal cavity. Each shoe body further includes protruding first and second lugs, which are now specified to include first and second bores, with first and second bore axes in parallel with the connection axis. A tie assembly includes a first rebar tie that extends through the first bore of the first shoe body and the second bore of the second shoe body to secure the first and second shoe bodies together.
C. Applicant Further Iterates Kinnunen fails to teach the shoe body with bores configured as recited in claim 1. As described at [0015]-[0017], Kinnunen teaches connection between column shoes via a flexible cable loop 6 that secured at "slot" parts 8, apparently formed as axial stops (see FIGS. 1 and 2), or at horizontal-axis holes in protruding plates 7 (see FIGS. 3 and 4). In particular, the cable loop 6 expressly provides aflexible back bond that can be "easily interlocked" with other flexible loops, in contrast to "stiff back bonds" that are also more difficult to package and handle. Id., [0007], [0009].
D. Correspondingly, Kinnunen repeatedly emphasizes that the loop 6 is of flexible cable, with no suggestion that a rebar tie could be used instead of cable. Further, in all relevant configurations, the openings that receive the flexible cable of the loop 6 have axes that are perpendicular to the connection axis of the shoe body, in contrast to the substantially parallel configuration as claimed.
E. Indeed, these core aspects of Kinnunen collectively reinforce the deficiencies of the reference relative to claim 1. For example, those of skill in the art would recognize that the loops formed by the cable in FIGS. 1 and 2 could not be readily formed with rebar or other rigid ties, would exhibit significantly different structural and weight characteristics than the cable even if thus formed, and, in any case, could not be readily installed into two axial stops that are arranged perpendicularly to each other (see "slot parts 8" in FIGS. 1 and 2). Similarly, the rigid nature of rebar would effectively prohibit implementation of the closed-loop arrangement shown for the loop 6 in FIGS. 3 and 4.
F. Additionally, Applicant Iterates The Office Action appears to argue at pp. 5 and 8 that Kinnunen's embodiment with a single plate 7 per column shoe (FIGS. 3-4) could be combined with the embodiment with two slot parts 8 per column shoe (FIGS. 1-2). However, even setting aside the deficiencies noted above, such a combination does not appear to be supported by the teachings of Kinnunen.
G. For example, providing two of the plates on each of the shoe bodies, as with the "lugs" of the claims, would result in a clearly unfavored path for the flexible loop 6 as shown in annotated copies of Kinnunen's FIG. 3, above. As well as being essentially impractical to implement with rebar (rather than a flexible loop), such a path would be disfavored even for flexible ties. This is because it would introduce the potential for highly detrimental shear loading on the tie itself (by the plates 7) and torsional moment loading on the plates 7 (by the tie), as the tie is loaded by lateral forces.
H. This detrimental force distribution would be only further exacerbated if the plates 7 were rotated by 90 degrees to have vertical bore axes (e.g., at right above), as proposed at p. 15 of the Office Action. Due to the passage of the loop 6 between top and bottom sides of the plates 7, such a configuration would introduce the potential of still more adverse moments on the plates 7, as well as additional shear forces on the loop 6 (i.e., at the edges of the plates 7, as well as the edges of the holes therethrough). Such a modification of Kinnunen would thus be particularly disfavored by those of skill in the art.
I. Consistent with this analysis, Kinnunen only teaches an arrangement with single instances of the plates 7 on each column shoe, with the plates 7 extending inwardly to a common loop. Further, and relatedly, Kinnunen only teaches an arrangement in which bores to secure the flexible ties have axes that are perpendicular to the corresponding connection axis of the column shoe (see, e.g., FIGS. 1-4). In this light, one of skill in the art simply would not find any teaching or motivation to modify Kinnunen to provide a system as claimed.
J. Finally, Applicant notes that Kinnunen utilizes two tie connections per column shoe only when the flexible loop 6 does not connect to two adjacent column shoes (see, e.g., FIGS. 1-2). In other words, Kinnunen teaches that the flexible ties are connected only at: (1) single points on each column shoe (see, e.g., FIGS. 3-4), or (2) two points on each column shoe (see, e.g., FIGS. 1-2, 5-6). Further, where two connection points are used, adjacent column shoes are linked together only by being embedded in the same concrete, not by a common tie that connects to both column shoes, or even by separate ties that connect to each other. See, e.g., Kinnunen, [0015] (ties are "anchored directly to the column" to transmit lateral force). 1 Thus, under Kinnunen, in configurations where column shoes have two connection points for ties, no tie extends between and connects to two adjacent column shoes as claimed.
K. Edscer fails to cure at least these deficiencies of Kinnunen. Notably, the Office relies on Edscer only to teach a threaded end of a length of rod. Office Action, p. 6. Thus, as relied on, Edscer does not fill the gaps left by the other cited art.
L. More particularly, Edscer teaches internal bores that are formed within a base unit of a knuckle joint and that receive threaded tie bars along predetermined axes. See Edscer, p. 6, lines 9-20. In no example of Edscer are lugs provided, let alone with bore axes as claimed. This is because the tie bars are designed to extend axially into the base units, to be threadedly secured to the base unit before being grouted into masonry. See Edscer, pp. 5-7. Thus, even where a lug-like structure might be present, the corresponding tie is received axially into that structure along an elongate axis of the tie, not in parallel with any corresponding connection axis of the base unit. See, e.g., id., FIG. 3.
M. For at least the reasons above, Edscer clearly fails to remedy the noted deficiencies of Kinnunen. Accordingly, a combination of Edscer with Kinnunen would not result in the claimed system, with lugs that include bore axes substantially parallel to a connection axis of the relevant column shoe. Rather, for example, a combination of Edscer with Kinnunen would simply result in an axially-threaded tie bar from Edscer being attached to the column shoes of Kinnunen, without introduction of lugs at all - let alone lugs with bore axes as claimed.
N. Edscer also teaches that proper functioning of the disclosed system relies on a securing connection that extends in parallel with an axis of the tie bar, not in parallel with a connection axis of the column shoe. For example, Edscer teaches that the tie bars are inserted through holes in masonry during installation and then tightened at the base units to put the tie bars under tension. See Edscer, pp. 1, 7. This approach would not be possible if Edscer were modified to include lugs with bores as claimed, because the ties could not then be inserted axially through masonry and into engagement with the base units as intended. Further, even if somehow inserted into engagement with the lugs, threaded engagement of such ties would not apply any tension to the ties. Accordingly, such a modification is not obvious further because it would defeat the intended purpose of the prior art and/or would require a complete change in principles of operation. See MPEP 2143.01(V) and (VI).
O. Similarly, Kinnunen's goal of avoiding stiff back bonds would also be defeated by introduction of the rigid tie bars of Edscer. See, e.g., Kinnunen, [0007]. Thus, such a combination is also not obvious under MPEP 2143.01, even setting aside the above-noted deficiencies of Edscer and corresponding reasons against modification or combination.
P. Moreover, aspects of the dependent claims complement and further emphasize the distinctions noted above. For example, claims 4 and 5 recite bent ends of rebar ties being received into the bores recited in claim 1. As noted above, Kinnunen relies exclusively on a flexible loop to provide a tie between column shoes. Consistent with the understanding of recommended loading for flexible ties, Kinnunen thus teaches no arrangement with a bent end of a tie (let alone a rigid tie). Rather, for example, either no end of a loop is provided (see, e.g., FIGS. 3 and 4), ends of a loop are secured with axial stops (see, e.g., FIGS. 1 and 2), or ends of a loop are tied together in parallel alignment (see, e.g., FIGS. 5-14). Similarly, as discussed above, Edscer is expressly designed for attachment via axial insertion and threaded engagement, with corresponding unbent ends of all of Edscer's tie bars.
Q. In other words, there is no bent end of a tie received into a bore in any arrangement taught by Edscer and Kinnunen, and there is no suggestion in either reference to provide such a configuration. Indeed, providing bent ends to secure Kinnunen's flexible loops would be inherently disfavored by those of skill in the art, due to the unfavorable shear forces that would be introduced at the bend (e.g., at the top of the slot parts 8 in FIGS. 1 and 2 if those axial stops were rotated to extend vertically). Similarly, as alluded to above, bending of the ends of Edscer's ties would fundamentally defeat Edscer's intended threaded engagement and tensioning.
In regards to arguments set by the applicant (in paragraphs A-K, in the above) examiner response as is, Applicants arguments have been considered and are all addressed to the tie feature and the combination of bores and lugs of Kinnunen, Kinnunen is no longer relied upon and instead, this feature is being taught by Armstrong (US-20220145620-A1) as outlined in the above. The additional limitation of a wherein the first lug includes a first bore with a first bore axis that extends substantially parallel to the connection axis; wherein the second lug includes a second bore with a second bore axis that extends substantially parallel to the connection axis; and a first rebar tie extending through the first bore of the first shoe body, along the first bore axis, and through the second bore of the second shoe body, along the second bore axis has necessitated new grounds of rejection.
In regards to arguments set by the applicant (in paragraphs K-Q, in the above) examiner response as is, the applicants’ arguments have been considered and are all addressed to the internal bores and tie bars. Edscer as used in the non-final dated 1/20/2026 and the above are not replied upon for the limitations of internal bores or tie bars. Applicant (in paragraph K in the above) discloses Notably, the Office relies on Edscer only to teach a threaded end of a length of rod. Office Action, p. 6. Thus, as relied on, Edscer does not fill the gaps left by the other cited art. However, Applicant (in paragraph L, in the above) argues Edscer teaches internal bores that are formed within a base unit of a knuckle joint and that receive threaded tie bars along predetermined axes. See Edscer, p. 6, lines 9-20. In no example of Edscer are lugs provided, let alone with bore axes as claimed.
As recited by the examiner, Edscer is used for the threaded end [2c, threaded portion] [Abstract] [Fig 2] of a length of rod (2c) [Abstract] [Fig 2], the length of rod (2c) [Abstract] [Fig 2], an upper wall [Unnumbered, Fig 2] (See examiners comments) as written in the non-final rejection dated 1/20/2026 and the above. Edscer is not used to disclose bores or lugs as argued by the applicant.
In regards to Independent Claim 9, Applicant Iterates the combination of the combination of Kinnunen in view of Edscer and Terry do not disclose or suggest every element of claim 9.
Claim 9 recites an assembly for a concrete installation that includes first, second, and third shoe bodies. Each of the shoe bodies includes a first lug protruding in a first direction away from the connection axis and a second lug protruding in a second direction away from the connection axis. The assembly also includes a tie assembly having a first rigid tie extending between the first lug of the first shoe body and the second lug of the second shoe body to secure the first and second shoe bodies together. In particular, the first rigid tie includes bent ends received into respective lugs.
For similar reasons as discussed above with respect to claim 5, Kinnunen and Edscer fail to teach rigid ties having bent ends received into lugs of multiple shoe bodies, and there is no motivation to further modify these references to arrive at the claimed configuration. Accordingly, Applicant respectfully submits that independent claim 9 is patentable over Kinnunen and Edscer.
Additionally, Terry fails to cure the deficiencies of Kinnunen and Edscer because Terry does not disclose or suggest rigid ties having bent ends received into lugs of shoe bodies to secure multiple shoe bodies together. See Office Action, p. 12 (relying on Terry only to teach "ties" extending between structural elements). Terry is directed to preassembled wire ties used to hold opposing concrete form panels in alignment during a pour, where the ties engage panels via abutment and retention features and are intended to be broken away after curing. See Terry, col. 1, lines 56 - 70. Terry does not disclose shoe bodies, lugs protruding in defined directions from a connection axis, or rigid ties extending between lugs of different shoe bodies, much less rigid ties having bent ends received into such lugs. Accordingly, Terry does not teach the rigid, bent- end tie arrangement recited in claim 9.
Moreover, aspects of the dependent claims complement and further emphasize the distinctions noted above. For example, claim 12 depends from claim 9 and further specifies the orientation of the bores that receive the bent ends of the rigid ties. For similar reasons discussed above with respect to independent claim 1, neither Kinnunen, Edscer, nor Terry, alone or in combination, teaches or suggests the claimed structure. Accordingly, claim 12 is also allowable, even aside from its dependency from claim 9.
In regards to arguments set by the applicant (in paragraphs A-D, in the above) examiner response as is, Applicants arguments have been considered and are all addressed to the tie feature and the combination of bores and lugs of Kinnunen and the tie assembly of Terry. Both Kinnunen and Terry are no longer relied upon and instead, the features are being taught by Armstrong (US-20220145620-A1) as outlined in the above. The additional limitations of A first Rigid Tie, a second Rigid tie and the first rigid tie including a first bent end that is received into the first lug of the first shoe body and a second bent end that is received into the second lug of the second shoe body; has necessitated new grounds of rejection. Additionally, see the argument response as discussed above.
In regards to Independent Claim 17, Applicant Iterates the combination of the combination of Kinnunen in view of Edscer and Terry do not disclose or suggest every element of claim 17.
Claim 17 recites a method of forming a concrete column. Among other operations, the method includes extending bent first and second ends of aa first rebar tie through a first lug of a first shoe body and a second lug of a second shoe body.
For similar reasons as discussed above with respect to claim 5 and 9, Kinnunen, Edscer, and Terry at least fail to teach a method of extending bent ends of rigid ties through lugs of first and second shoe bodies to secure the shoe bodies together, and there is no motivation to further modify these references to arrive at the claimed method. Accordingly, independent claim 17 is patentable over Kinnunen, Edscer, and Terry, and the rejection of claim 17 and all claims dependent thereon should be withdrawn.
Moreover, aspects of the dependent claims complement and further emphasize the distinctions noted above. For example, claim 19 specifies that the bent ends extend through bores of the lugs substantially parallel to connection axes of the shoe bodies. Accordingly claim 19 is allowable for similar reasons as discussed above with respect to claims 1 and 12, even aside from its dependency from claim 17.
In regards to arguments set by the applicant (in paragraphs A-C, in the above) examiner response as is, Applicants arguments have been considered and are all addressed to the tie feature and the lugs of Kinnunen and the method of extending both ends of the rigid tie Terry. Both Kinnunen and Terry are no longer relied upon and instead, the features are being taught by Armstrong (US-20220145620-A1) as outlined in the above. The additional limitation of a first rebar tie; wherein securing the first rebar tie to the first lug of the first shoe body includes extending a bent first end of the first rebar tie through the first lug; and securing the first rebar tie to the second lug of the second shoe body includes extending a bent second end of the first rebar tie through the second lug; has necessitated new grounds of rejection. Additionally, see the argument response as discussed above.
Conclusion
7. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
8. 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.
8. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZAKARIA K. AL-ASWAR whose telephone number is (571)272-6335. The examiner can normally be reached M through F 7:30 to 5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Mattei can be reached at 571-270-3238. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Z.K.A./Examiner, Art Unit 3635
/KYLE J. WALRAED-SULLIVAN/Primary Examiner, Art Unit 3635
Prosecution Insights