DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-3, 7-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by ‘098 (JPH0821098A).
For claim 1, ‘098 discloses a rebar positioning device (fig. 6) comprising: a generally planar body sized to fit in the interior opening of a masonry block, the body having horizontal top and bottom cross bars and one or more vertical bars extending between said top and bottom cross bars, each of the top and bottom cross bars having opposite left and right ends, and each of said left and right ends having a pair of spaced apart retention bars (bars between the grooves 38) extending upwardly from each of said top and bottom cross bars, said pairs of retention bars forming upwardly extending upper left and upper right retention channels (grooves) on the left and right ends of said top crossbar and upwardly extending lower left and lower right retention channels on the left and right ends of said bottom crossbar, each of said retention channels sized to receive a section of rebar, the upper left and upper right channels of said top channel horizontally spaced apart and the lower left and lower right channels of said bottom channel horizontally spaced apart, and the upper left and upper right retention channels of the top cross bar vertically spaced apart from the lower left and lower right retention channels of the bottom crossbar, wherein the channels are sized to receive, secure and position one or more lengths of rebar that have been inserted in the interior opening of the masonry block in spaced apart disposition.
For claim 2, ‘098 discloses that the one or more vertical bars comprise two vertical bars (fig. 6, left and right bars).
For claim 3, ‘098 discloses that the one or more vertical bars comprising left and right side bars, and a center opening defined by said top and bottom cross bars and said left and right side bars (fig. 6).
For claim 7, ‘098 discloses a rebar positioning device (fig. 6, 14) comprising: a generally planar body sized “to fit in the interior opening of a masonry block” (intended use recitation, the masonry block is not positively recited), the body having horizontal top and bottom cross bars and vertical left and right side bars extending between said top and bottom cross bars, each of the top and bottom cross bars having opposite left and right ends, and each of said left and right ends having a pair of spaced apart retention bars (bars between the grooves 38) extending upwardly from each of said top and bottom cross bars, said pairs of retention bars forming upwardly extending upper left and upper right retention channels (38) on the left and right ends of said top crossbar and upwardly extending lower left and lower right retention channels (42) on the left and right ends of said bottom crossbar, each of said retention channels sized to receive a section of rebar, the upper left and upper right channels of said top channel horizontally spaced apart and the lower left and lower right channels of said bottom channel horizontally spaced apart, and the upper left and upper right retention channels of the top cross bar vertically spaced apart from the lower left and lower right retention channels of the bottom crossbar, wherein the channels are sized to receive, secure and position one or more lengths of rebar that have been inserted in the interior opening of the masonry block in spaced apart disposition.
For claim 8, ‘098 discloses a center opening defined by said top and bottom cross bars and said left and right side bars (fig. 6).
Claim Rejections - 35 USC § 103
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.
Claim(s) 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over ‘098 (JPH0821098A) in view of ‘166 (WO2008131166).
For claim 4, ‘098 does not disclose that the outer retention bars of ‘098 have a tapered edge to facilitate insertion of the body into the interior opening of a masonry block.
‘166 discloses a rebar positioning device (fig. 4B) having outer retention bars with a tapered edge (tapered outer edges).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the application to make the outer retention bars of ‘098 have a tapered edge as made obvious by ‘166 to increase the ease of assembly of the rebar positioning device.
For claim 5, the combination discloses the obviousness of making each of the pair of retention bars of said top cross bar including an outer retention bar having a tapered edge (‘166 fig. 4B, tapered outer edges).
Claim(s) 6 are rejected under 35 U.S.C. 103 as being unpatentable over ‘098 (JPH0821098A).
For claim 6, ‘098 does not explicitly disclose that the upper left and upper right retention channels are in vertical alignment with the lower left and lower right retention channels, however it would be obvious to one having ordinary skill in the art at the effective filing date of the application to align the upper left and upper right retention channels and the lower left and lower right retention channels of ‘098 to promote uniformity and for ease of assembly.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSHUA K IHEZIE whose telephone number is (571)270-5347. The examiner can normally be reached M-F 9-5pm.
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/JOSHUA K IHEZIE/Primary Examiner, Art Unit 3633
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