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 .
Election/Restrictions
Applicant’s election of figure 42c claims 36-40, 72-74 in the reply filed on 5/28/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 41, 43, 65-71 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected specie, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 5/28/2026.
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) 36, 38-40 are is/are rejected under 35 U.S.C. 103 as being unpatentable over Boilen (4875314) in view of Black (2625815).
Boilen figures 8-8a, shows a building wall, comprising: a bottom plate and a top plate(86 or 102 or 84 or 74); a first stud and a second stud(38) extending between the bottom plate and the top plate, the first stud and the second stud defining a space therebetween; a connecting member (the member where the rod 42 connected) including a first end portion operably anchored to the building wall and a second end operably anchored to a foundation(10), a first member and a second member(48, left and right) disposed laterally of the connecting member so as to position the connecting member between the first member and the second member, the first member and the second member being disposed in the space between the first stud and the second stud; the first member and the second member including respective top ends and bottom ends; a first bearing plate(62) operably bears on the top ends, the first bearing plate is operably attached to the first end of the connecting member and disposed on the top ends; and a second bearing plate(81) operably bears onto the bottom ends, the second bearing plate is operably attached to the second end of the connecting member.
Boilen does not show the connecting member being a cylindrical member connecting the tie rod to the wall at top and the foundation.
Black figures 2-3, shows the connecting member(7) being a cylindrical member connecting the tie rod to the wall at top and the foundation.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify Boilen’s structure to show the connecting member being a cylindrical member connecting the tie rod to the wall at top and the foundation with a reasonable expectation of success since using a cylindrical threaded member would provide the function of
tie rods at both ends for tensioning and one having ordinary skill in the art would have found it obvious to substitute one type of connecting member for another for anchoring tie rods to wall and foundation.
Per claim 38, Boilen as modified further shows a) the first end of the cylindrical member is operably attached to a tie rod; and the second end of the cylindrical member is operably attached to a threaded rod (both rods are threaded as modified).
Per claim 39, Boilen as modified further shows a) the first end and the second end of the cylindrical member include respective first threaded bore and second threaded bore (see part 7 of Black), the tie rod is attached to threaded to the first threaded bore; and the threaded rod is threaded to the second threaded bore.
Per claim 40, Boilen as modified shows all the claimed limitations except for a first nut threaded to the tie rod to bear on the first bearing plate onto the top ends of the first member and the second member; and b) a second nut threaded to the threaded rod to bear on the second bearing plate onto the bottom ends of the first member
and the second member.
Black figure 10, discloses the use of nuts on top and bottom plates (53 or 9) to assist in tightening and maintaining the tension of a rod.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify Boilen’s modified structure to show a first nut threaded to the tie rod to bear on the first bearing plate onto the top ends of the first member and the second member; and b) a second nut threaded to the threaded rod to bear on the second bearing plate onto the bottom ends of the first member
and the second member with a reasonable expectation of success since having nuts on the threaded rods would assist in tightening and maintaining the tension of a rod as taught by Black.
Claim(s) 37 is/are rejected under 35 U.S.C. 103 as being unpatentable over Boilen in view of Black as applied to claim 36 above, and further in view of Shahnazarian et al (2003/0230032).
Boilen as modified shows all the claimed limitations except for a coupler disposed below the second bearing plate; and b) the coupler has a first end operably attached to the second end of the cylindrical member and a second end operably attached to an anchor rod.
Shahnazarian et al figure 14, shows a coupler (108) disposed below the second bearing plate(100, the coupler has a first end operably attached to the second end of the connecting member(10) and a second end operably attached to an anchor rod(110).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify Boilen’s modified structure to show a coupler (108) disposed below the second bearing plate(100, the coupler has a first end operably attached to the second end of the connecting member(10) and a second end operably attached to an anchor rod(110) as taught by Shahnazarian et al with a reasonable expectation of success since the coupler allows for the controlled tensioned extension of the tie rod as far as needed.
Claim(s) 72-74 are is/are rejected under 35 U.S.C. 103 as being unpatentable over Boilen (4875314) in view of Black (2625815) as applied to claim 36 above and further in view of Commins (2009/0107082).
Boilen as modified shows all the claimed limitations except for a wall sheathing is attached to the first stud and the second stud; and b) the first member and the second member are directly attached to the wall sheathing.
Cummins (20, 22, figures 3, par. 44), discloses a wall sheathing is attached to the first stud and the second stud; and b) the first member and the second member are directly attached to the wall sheathing.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify Boilen’s modified structure to show a wall sheathing is attached to the first stud and the second stud; and b) the first member and the second member are directly attached to the wall sheathing as taught by Cummins with a reasonable expectation of success since connecting the studs and the members to the wall would enable the formation of a strong shear wall.
Per claim 73, Boilen as modified further shows a building wall, comprising: a) a bottom plate and a top plate; b) a first stud and a second stud extending between the bottom plate and the top plate, the first stud and the second stud defining a space therebetween; c) a wall sheathing attached to the first stud and the second stud; d) a cylindrical member including a first end portion operably anchored to the building wall and a second end operably anchored to a foundation; e) a first member and a second member disposed laterally of the cylindrical member so as to position the cylindrical member between the first member and the second member, the first member and the second member being disposed in the space between the first stud and the second stud, the first member and the second member being directly attached to the wall sheathing; f) the first member and the second member including respective
top ends and bottom ends; and g) a bearing plate operably bears on the top ends, the bearing plate is operably attached to the first end of the cylindrical member.
Per claim 74, Boilen as modified further shows a building wall, comprising: a) a bottom plate and a top plate; b) a first stud and a second stud extending between the bottom plate and the top plate, the first stud and the second stud defining a space therebetween; c) a wall sheathing attached to the first stud and the second
stud; d) a cylindrical member including a first end portion operably anchored to the building wall and a second end operably anchored to a foundation; e) a first member and a second member disposed laterally of the cylindrical member so as to position the cylindrical member between the first member and the second member, the first member
and the second member being disposed in the space between the first stud and the second stud, the first member and the second member being directly attached to the wall sheathing; f) the first member and the second member including respective
top ends and bottom ends; and g) a bearing plate operably bears onto the bottom ends, the bearing plate is operably attached to the second end of the cylindrical member.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art shows different wall reinforcements.
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/PHI D A/Primary Examiner, Art Unit 3633
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