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 Objections
Claim 9 is objected to. Claim 9 recites limitations drawn to a receiving portion which is not positively claimed, as claim 8 recites “configured to include a receiving portion”. The sub combination frame portion is being examined, not the combination frame portion and receiving portion.
Claims 14 and 25 are objected to as claim they recite limitations drawn to an adjusting portion which is not positively claimed. The sub combination “frame portion” is being examined and not the combination “frame portion” and “adjusting portion”
Claim 20, assuming it is intended to depend from claim 19, is objected to as claim 20 recites limitations drawn to a receiving portion which is not positively claimed in claim 19. The sub combination “frame portion” is being examined and not the combination “frame portion” and “receiving portion”
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.
Claims 2 and 20 is 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.
Claim 2 recites the receiving portion being a groove in a top surface of the first longitudinal wall but later recites the groove is configured to curve which is confusing since the groove is positively claimed and is part of the wall but the curve is not. Correction is required.
Claim 20 recites “the receiving portion” lacking antecedent basis.
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, 3-11, 13-22 and 24-28 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Application No. US 2005/0238437 to Kamiyama et al.
Regarding claims 1 and 7, Kamiyama discloses a ground shaft comprising a first and second longitudinal walls (fig. 6: left and right side 1 and 2) and first and second lateral walls (fig. 6: top and bottom 1) transverse to the longitudinal, opposing ends of the walls are configured to be connected (as seen in fig. 6), the longitudinal walls have tensioning means and receiving portions (fig. 5: 16, 17; fig. 7: 11b, 11c), ends of the lateral wall portions are configured to anchor opposing ends of the tensioning portions (as fig. 6 shows all portions anchored together), the tensioning portion includes an adjusting portion (17, 11c), the longitudinal wall has at least a portion which is plastic [0008], and the tensioning portion is metal [0040], the tensioning portion may counteract a deformation force acting from outside to inside, as the tensioning portion works to hold the structure together.
Regarding claim 3, the adjusting portion (fig. 7) is capable of directing force outwards as excessive tightening will cause bulging in the walls 1.
Regarding claims 4, 15 and 26, they are rejected for reasons cited in the rejection of claim 1 and tensioning portions are multiples and are located around the circumference of the structure included in both longitudinal walls.
Regarding claims 5, 16 and 27, the ends of the wall portions connect together to form a continuous frame (fig. 6).
Regarding claims 6, 17 and 28, a second frame is stacked upon the first (fig. 7: see top and bottom 1).
Regarding claim 8, the walls are configured to include a receiving portion (holes through walls and 11c, 17).
Regarding claims 9 and 19, the walls may include a receiving portion which may have a groove in a top surface.
Regarding claims 10 and 21, the wall ends may anchor opposing ends of the tensioning portion.
Regarding claims 11 and 22, the tensioning portion is metal [0040].
Regarding claims 13 and 24, the tensioning portion may include an adjusting portion that may pretension the tensioning portion.
Regarding claims 14 and 25, an adjusting portion may be included to provide a force directed outward.
Claim 18 is rejected for reasons cited in the rejections f claims 1 and 3.
Regarding claim 20, a receiving portion may have a groove in a top of a wall for a tensioning portion.
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) 12 and 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application No. US 2005/0238437 to Kamiyama et al.
Regarding claims 12 and 23, Kamiyama does not disclose the tensioning portion as being a plastic with greater tensile strength than first longitudinal wall portion. However, plastic is disclosed for the wall portions as recited in the rejection of claim 1. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Kamiyama by using plastic since plastic is already in use and is a cheap material. Having a stronger tensioning portion would have also been obvious since the tensioning portion must be of greater strength than the wall in order to sufficiently provide tensioning.
Claim Objections
Claim 2 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The prior art of record does not disclose the structural limitations of claim 1 combined with the receiving portion comprising a groove in a top surface of the first longitudinal wall portion that is configured to curve toward the interior of the ground shaft so as to pretension the tensioning portion received therein.
Conclusion
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/BASIL S KATCHEVES/Primary Examiner, Art Unit 3633