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 1-20 as filed on 05/02/2024 are pending and herewith considered as indicated below.
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 § 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.
5. Claim 1-8 and 17-20 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The term “closed continuously” in Claim 1, line 4 is a relative term which renders the claim indefinite. The term “closed continuously” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The language is being interpreted as fully closed between first second and rear walls with no gaps.
The term “closed continuously” in Claim 2, line 3 is a relative term which renders the claim indefinite. The term “closed continuously” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The language is being interpreted as fully closed between first second and rear walls with no gaps.
The term “closed continuously” in Claim 17, line 3 is a relative term which renders the claim indefinite. The term “closed continuously” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The language is being interpreted as fully closed between first second and rear walls with no gaps.
In regards to Claims 3-8 and 18-20, Claims 3-8 and 18-20 are herein rejected due on dependency on independent claims 1 and 17.
Claim Rejections - 35 USC § 103
6. 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.
7. Claim(s) 1-7 are rejected under 35 U.S.C. 103 as being unpatentable over Kinnunen (WO 2007074212) in view of Edscer (GB 2569186 A).
In regards to Claim 1, Kinnunen discloses An assembly for a concrete column [Abstract], the assembly 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 continuously [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 of the shoe body [Unnumbered, Fig 3] (see examiners comments), a first lug (8) [Figs 1-2] protruding from one or more of the first side wall (3) [Figs 1-2] or the rear wall (3) [Figs 1-2]; and a second lug (8) [Figs 1-2] protruding from one or more of the second side wall (3) [Figs 1-2] or the rear wall (3) [Figs 1-2]; and a tie assembly (5) [Fig 1].
However, Kinnunen fails to disclose receives a threaded end of a first length of rod into the internal cavity; an upper wall that secures a second length of rod and secure the threaded end of the first length of rod within the internal cavity; and a tie assembly that includes a first tie secured to, and 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.
Furthermore, Kinnunen in a secondary embodiment discloses a first tie (6) [Fig 3] secured to, and extending between, the first lug (8, First Embodiment; 7) [Figs 1-2] of the first shoe body [Unnumbered, Fig 3, First Embodiment] (see examiners comments) and the second lug (8, First Embodiment; 7) [Figs 1-2] of the second shoe body [Unnumbered, Fig 3,, First Embodiment] (see examiners comments) to secure the first and second shoe bodies [Unnumbered, Fig 3, First Embodiment] (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 the first tie as disclosed by Kinnunen in a secondary embodiment. 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
Furthermore, Edscer discloses a threaded end [2c] [Abstract] [Fig 2] of a first length of rod [2c] into the internal cavity [Unnumbered, Fig 2, Kinnunen] (see examiners comments); an upper wall [Unnumbered, Fig 2] (See examiners comments) that secures a second length of rod [2c] opposite 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 threaded end of the first length of rod and upper wall 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.
In regards to Claim 2, Kinnunen 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 continuously [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 wall 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, Edscer] [Abstract] [Fig 2] of a third length of rod [2c, Edscer] [Fig 8, Kinnunen] 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 [ opposite the lower rod opening (2) [Fig 1]; an opening [Fig 2] that opens into the internal cavity [Unnumbered, Fig 2] (see examiners comments) at a front side of the shoe body [Unnumbered, Fig 3] (see examiners comments) to provide access to secure the threaded end [2c, Edscer] [Abstract] [Fig 2] of the third length of rod [2c, Edscer] within the internal cavity [Unnumbered, Fig 2] (see examiners comments); a first lug (8) [Figs 1-2] protruding from one or more of the first side wall (3) [Figs 1-2] or the rear wall (3) [Figs 1-2]; and a second lug (8) [Figs 1-2] protruding from one or more of the second side wall or the rear wall (3) [Figs 1-2]; wherein the tie assembly (5) [Fig 1] further includes a second tie [6, Secondary Embodiment] secured to, and extending between, the second lug (8) [Figs 1-2] of the first shoe body [Unnumbered, Fig 3] (see examiners comments) and the first lug (8) [Figs 1-2] 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 3, Kinnunen discloses the assembly [Abstract] of claim 1, wherein for each of the first shoe body [Unnumbered, Fig 3] (see examiners comments) and the second shoe body [Unnumbered, Fig 3] (see examiners comments) : the first lug (8) [Figs 1-2] is integrally formed with the one or more of the first side wall (3) [Figs 1-2] or the rear wall (3) [Figs 1-2] of the first shoe body [Unnumbered, Fig 3] (see examiners comments) ; and the second lug (8) [Figs 1-2] of the first shoe body [Unnumbered, Fig 3] (see examiners comments) is integrally formed with the one or more of the second side wall (3) [Figs 1-2] or the rear wall (3) [Figs 1-2] of the first shoe body [Unnumbered, Fig 3] (see examiners comments) .
In regards to Claim 4, Kinnunen discloses the assembly [Abstract] of claim 1, wherein the first lug (8) [Figs 1-2] of the first shoe body [Unnumbered, Fig 3] (see examiners comments) is a first flattened ear [Unnumbered, Fig 3] (see examiners comments), including a first bore [Unnumbered, Fig 2] (see examiners comments) that receives a first bent end [End of 6, Secondary Embodiment] of the first tie [6, Secondary Embodiment]; and wherein the second lug (8) [Figs 1-2] of the second shoe body [Unnumbered, Fig 5] (see examiners comments) is a second flattened ear [Unnumbered, Fig 3] (see examiners comments), including a second bore [Unnumbered, Fig 2] (see examiners comments) that receives a second bent end [End of 6, Secondary Embodiment] of the first tie [6, Secondary Embodiment].
In regards to Claim 5, Kinnunen discloses the assembly [Abstract] of claim 1, wherein the first lug (8) [Figs 1-2] of the first shoe body [Unnumbered, Fig 3] (see examiners comments) includes a first bore [Unnumbered, Fig 2] (see examiners comments) spaced apart from the connection axis [Fig. 8] in a first direction to engage the tie assembly (5) [Fig 1] ; wherein the second lug (8) [Figs 1-2] of the first shoe body [Unnumbered, Fig 3] (see examiners comments) includes a second bore [Unnumbered, Fig 2] (see examiners comments) spaced from the connection axis [Fig. 8] in a second direction to engage the tie assembly (5) [Fig 1] ; and wherein the first direction is angularly offset from the second direction by about 90 degrees [Fig 1].
In regards to Claim 6, Kinnunen 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 (8) [Figs 1-2] 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 (8) [Figs 1-2] 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 discloses the assembly [Abstract] of claim 1 and the first shoe body [Unnumbered, Fig 3] (see examiners comments), Edscer discloses wherein the upper wall [Unnumbered, Fig 2] (See examiners comments) of the first shoe body [Unnumbered, Fig 3, Kinnunen] (see examiners comments) secures the second length of rod (2c) and (4, Kinnunen) [Fig 2] with a threaded connection (3) [Fig 2].
In regards to Claim 8, Kinnunen 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] [Abstract] that receives one of: a threaded end (2c) of the second length of rod (2c) and (4, Kinnunen) [Fig 2]; or a threaded adapter (3) [Fig 2] that is secured to the second length of rod (2c) [Fig 2] and (4, Kinnunen) [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.
Claim(s) 9-20 are rejected under 35 U.S.C. 103 as being unpatentable over Kinnunen (WO 2007074212) in view of Edscer (GB 2569186 A) and Terry (US 3288428).
In regards to Claim 9, Kinnunen 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); a lower rod opening (2) [Fig 1]; a first lug (8) [Figs 1-2] protruding in a first direction away from the connection axis [Fig. 8]; and a second lug (8) [Figs 1-2] protruding in a second direction away from the connection axis [Fig. 8]; and a tie assembly (5) [Fig 1].
However, fails to disclose an upper wall that secures a corresponding second length of rod; a lower rod opening that receives a threaded end of a corresponding first length of rod and a tie assembly that includes: a first tie that extends between the first lug of the first shoe body and the second lug of the second shoe body; and a second tie that extends between the second lug of the first shoe body and the first lug of the third shoe body
Furthermore, Edscar discloses a threaded end [2c] [Abstract] [Fig 2] of a corresponding first length of rod (2c) and (4, Kinnunen) [Fig 2] into 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) and (4, Kinnunen) [Fig 2] on an opposite side of the enclosed 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 installation as disclosed by Kinnunen to include an upper wall as and a threaded end of a rod 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 rod attachment within the shoe body. Furthermore including a threaded end of a corresponding length of rod as a redundance rod attachment to the shoe body.
Furthermore, Terry discloses a first tie [Fig 2] that extends between the first lug (8, , Kinnunen) [Figs 1-2] of the first shoe body [Unnumbered, Fig 3, , Kinnunen] (see examiners comments) and the second lug (8, , Kinnunen) [Figs 1-2] of the second shoe body [Unnumbered, Fig 3, Kinnunen] (see examiners comments) to secure [Fig 1] the first and second shoe bodies [Unnumbered, Fig 3, Kinnunen] (see examiners comments) together; and a second tie [Fig 2] that extends between the second lug (8, Kinnunen) [Figs 1-2] of the first shoe body [Unnumbered, Fig 3, Kinnunen] (see examiners comments) and the first lug (8, Kinnunen) [Figs 1-2] 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 installation as disclosed by Kinnunen to include first and second tie as disclosed by Terry. When modified, the assembly for a concrete structure further would integrate the tie connecting the shoe bodies to each other further providing a securing mechanism between the shoe bodies.
In regards to Claim 10, Kinnunen discloses the assembly [Abstract] of claim 9 wherein the concrete installation [0013] and 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 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, Edscer] [Abstract] [Fig 2]of a corresponding first length of rod [2c, Edscer] and [Fig 8, Kinnunen] 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, Edscar] (See examiners comments) that secures a corresponding second length of rod (4) [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 (8) [Figs 1-2] protruding in a first direction away from the connection axis [Fig. 8]; and a second lug (8) [Figs 1-2] protruding in a second direction away from the connection axis [Fig. 8]; wherein the tie assembly (5) [Fig 1] further includes: a third tie [Fig 2, Terry] that extends between the first lug (8) [Figs 1-2] of the second shoe body [Unnumbered, Fig 3] (see examiners comments) and the second lug (8) [Figs 1-2] 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 tie [Fig 2, Terry] that extends between the second lug (8) [Figs 1-2] of the third shoe body [Unnumbered, Fig 3] (see examiners comments) and the first lug (8) [Figs 1-2] 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 discloses the assembly [Abstract] of claim 9, first lug (8) [Figs 1-2] of the first shoe body [Unnumbered, Fig 3] (see examiners comments), second lug (8) [Figs 1-2] of the second shoe body [Unnumbered, Fig 3] (see examiners comments).
However, fails to disclose wherein the first tie includes a tie rod with a first bent end received into the first lug and a second bent end received into the second lug.
Furthermore, Kinnunen in a secondary embodiment discloses wherein the first tie (6) [Fig 3] includes a tie rod (6) [Fig 3] with a first bent end (end of 6) received into the first lug (8, First embodiment) [Figs 1-2] of the first shoe body [Unnumbered, Fig 3, First embodiment] (see examiners comments) and a second bent end (end of 6) received into the second lug (8, first embodiment) [Figs 1-2] of the second shoe body [Unnumbered, Fig 3, first embodiment] (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 Kinnunen in a secondary embodiment. 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 regards to Claim 13, Kinnunen discloses the assembly [Abstract] of claim 12, wherein the first lug (8) [Figs 1-2] of the first shoe body [Unnumbered, Fig 3] (see examiners comments) is a first flattened ear [Unnumbered, Fig 3] (see examiners comments), including a first bore [Unnumbered, Fig 2] (see examiners comments) and wherein the second lug (8) [Figs 1-2] of the second shoe body [Unnumbered, Fig 3] (see examiners comments) is a second flattened ear [Unnumbered, Fig 3] (see examiners comments), including a second bore [Unnumbered, Fig 2] (see examiners comments) and the connection axis [Fig. 8] to receive the first bent end (end of 6, secondary embodiment) and second bent end (end of 6, secondary embodiment) .
However, Kinnunen fails to disclose a first bore that extends in parallel with the connection axis to receive the first bent end and a second bore that extends in parallel with the connection axis to receive the second bent end.
However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify first and second lugs of Kinnunen to rotate the lugs 90 degrees in order to have bores (first and second) that extends in parallel with the connection axis to receive the first and second bent end. It has been held that rearrangement of parts is considered within the level of ordinary skill in the art. In re Japikse, 181 F.2d 1019.
In regards to Claim 14, Kinnunen discloses the assembly [Abstract] of claim 9, wherein the first lug of the first shoe body [Unnumbered, Fig 3] (see examiners comments)is a first ear [Unnumbered, Fig 3] (see examiners comments), integrally formed with the first shoe body [Unnumbered, Fig 3] (see examiners comments)and including a first bore [Unnumbered, Fig 2] (see examiners comments) spaced apart from the connection axis [Fig. 8] in a first direction to receive the first tie (6, secondary embodiment) [Fig 3]; and wherein the second lug (8) [Figs 1-2] of the first shoe body is a second ear [Unnumbered, Fig 3] (see examiners comments), integrally formed with the first shoe body [Unnumbered, Fig 3] (see examiners comments)and including a second bore [Unnumbered, Fig 2] (see examiners comments) spaced from the connection axis [Fig. 8] in a second direction to receive the second tie (6, secondary embodiment) [Fig 3].
In regards to Claim 15, Kinnunen discloses the assembly [Abstract] of claim 14, wherein the first direction [Fig 1] is angularly offset from the second direction [Fig 1] by about 90 degrees [Fig 1].
In regards to Claim 16, Kinnunen 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 to the connection axis [Fig. 8], the first and second lugs (8) [Figs 1-2] extend wider than the lower wall (1) [Figs 1-2] and the internal cavity [Unnumbered, Fig 2] (see examiners comments) along a 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 continuously [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 respective first or second shoe body [Unnumbered, Fig 3] (see examiners comments); lower rod openings (2) [Fig 1] defining connection axes [Fig. 8] to receive ends of first lengths of rod [Fig 8] into the internal cavities [Unnumbered, Fig 2] (see examiners comments); and openings [Fig 2] into the internal cavity [Unnumbered, Fig 2] (see examiners comments) at front sides of the shoe bodies [Unnumbered, Fig 3] (see examiners comments) providing access to the ends of the first lengths of rod [Fig 8] within the internal cavities [Unnumbered, Fig 2] (see examiners comments); and first and second lugs (8) [Figs 1-2] extending away from the corresponding connection axis [Fig. 8]; engaging a tie assembly (5) [Fig 1] with the first and second shoe bodies [Unnumbered, Fig 3] (see examiners comments) and pouring concrete [0013, not shown in figures] to cover the first and second shoe bodies [Unnumbered, Fig 3] (see examiners comments) and the tie assembly (5) [Fig 1] , with the lower rod openings (2) [Fig 1] and the openings [Fig 2] at the front sides of the first and second shoe bodies [Unnumbered, Fig 3] (see examiners comments) remaining exposed to an exterior of the concrete.
However, Kinnunen fails to disclose securing second lengths of rod to upper ends of the first and second shoe bodies; securing a first tie to the first lug of the first shoe body and to the second lug of the second shoe body
Furthermore, Edscer discloses securing [Fig 2, showing rod being secured at the upper ends] second lengths of rod (2c) and (4, Kinnunen) [Fig 2] to upper ends [Unnumbered, Fig 2] (See examiners comments) of the first and second shoe bodies [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 method of forming a concrete column as disclosed by Kinnunen include securing second lengths of rod to upper ends as disclosed by Edscer. When modified, the method of forming a concrete column further would integrate the upper ends as a sealing mechanism further providing a structure to allow rod attachment within the column.
Furthermore, Terry discloses securing a first tie [Fig 2, top of image showing securing the first tie] to the first lug (8, Kinnunen) [Figs 1-2] of the first shoe body [Unnumbered, Fig 3, Kinnunen] (see examiners comments) and to the second lug (8, Kinnunen) [Figs 1-2] 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)
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 of forming a concrete column as disclosed by Kinnunen to include first tie as disclosed by Terry. When modified, a securing mechanism of a first 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 further securing the shoe bodies together.
In regards to Claim 18, Kinnunen discloses the method [0013] of claim 17, wherein securing [Fig 2, Terry, top of figure showing securing the first tie] the first tie to the first lug (8) [Figs 1-2] of the first shoe body [Unnumbered, Fig 3] (see examiners comments) includes bending a first end of the first tie [Fig 2, Terry] to extend through the first lug (8) [Figs 1-2] ; and securing the first tie [Fig 2, Terry] to the second lug (8) [Figs 1-2] of the second shoe body [Unnumbered, Fig 3] (see examiners comments) includes bending a second end of the first tie [Fig 2, Terry] to extend through the second lug (8) [Figs 1-2] .
In regards to Claim 19, Kinnunen discloses the method [0013] of claim 18, wherein the first end of the first tie [Fig 2, Terry, top of figure showing extends through for attachment] extends through a first bore [Unnumbered, Fig 2] (see examiners comments) of the first lug (8) [Figs 1-2] of the first shoe body [Unnumbered, Fig 3] (see examiners comments) in parallel with the connection axis [Fig. 8] of the first shoe body [Unnumbered, Fig 3] (see examiners comments); wherein the second end of the first tie [Fig 2, Terry] extends through a second bore [Unnumbered, Fig 2] (see examiners comments) of the second lug (8) [Figs 1-2] of the second shoe body [Unnumbered, Fig 3] (see examiners comments) in parallel with the connection axis [Fig. 8] of the second shoe body [Unnumbered, Fig 3] (see examiners comments); and wherein the first tie [Fig 2, Terry] extends between the first and second shoe bodies [Unnumbered, Fig 3] (see examiners comments) transverse to the connection axes [Fig. 8] of the first and second shoe bodies [Unnumbered, Fig 3] (see examiners comments).
In regards to Claim 20, Kinnunen discloses the method [0013] of claim 17, wherein the first tie [Fig 2, Terry, top of figure showing securing the first tie] is secured to the first lug (8) [Figs 1-2] of the first shoe body [Unnumbered, Fig 3] (see examiners comments), spaced apart from the connection axis [Fig. 8] of the first shoe body [Unnumbered, Fig 3] (see examiners comments) in a first direction; and wherein the method further includes, before pouring the concrete [0013], securing a second tie [Fig 2, Terry] to the second lug (8) [Figs 1-2] of the first shoe body [Unnumbered, Fig 3] (see examiners comments), spaced apart from the connection axis [Fig. 8]of the first shoe body [Unnumbered, Fig 3] (see examiners comments) in a second direction that is angularly offset from the first direction by about 90 degrees [Fig 1], 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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400
425
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Kinnunen, Figure 2
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98
224
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Terry, Figure 2
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300
293
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Edscer, Figure 2
Conclusion
8. The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. See PTO 892.
9. 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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/Z.K.A./Examiner, Art Unit 3635
/KYLE J. WALRAED-SULLIVAN/Primary Examiner, Art Unit 3635