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 .
Election/Restrictions
Applicant’s election without traverse of Group I (claims 1-16 and 21-38) in the reply filed on 06/23/2026 is acknowledged.
Claims 17-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group II, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 06/23/2026.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the body with an oval or round cross section (see claim 14) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities: 431 is used to designate two different elements - support seal (pg 18) and connection (pg 17).
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 12 and 37 are 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 12 recites the limitation “first bisecting wall junction plate” in line 1. It is unclear if “first bisecting wall junction plate” refers to the first bisecting wall junction plate that was first defined in line 2 of claim 7 or to yet another “first bisecting wall junction plate.” For purpose of examination, “first bisecting wall junction plate” is interpreted as referring to the first bisecting wall junction plate defined in claim 7 from which claim 12 depends.
Claim 37 recites “the third bearing surface configured and adapted to transmit a third persistent compressive load oriented substantially in the second direction.” It is unclear as to how the third bearing surface transmits load in the second direction when it is the second bearing surface (previously defined in claim 36) that transmits load in the second direction. For purposes of examination, the claim is interpreted to recite “the third bearing surface configured and adapted to transmit a third persistent compressive load oriented substantially in the third direction.”
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, 2, 9, 16, and 36 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Publication No. 2004/0261326 to Thomason et al. (“Thomason”).
Regarding claim 1, Thomason discloses a tensioning system providing structural support, watertight sealing, and post-tensioning for a straight-wall concrete tank, the system comprising: a corner post (105, 106, 110 collectively) comprising: a first plate (left plate 106) comprising a first bearing surface (surface facing 28) defining a first direction and an opposite first tensioning surface (surface facing 110), a second plate (right plate 106) comprising a second bearing surface (surface facing 28) defining a second direction and an opposite second tensioning surface (surface facing 110), a corner formed where the first plate is fixedly attached to the second plate, a first tab connector 56’, 88’, fixedly attached to and extending from the first plate, configured to support a first diaphragm seal with a diaphragm sheet that is oriented substantially in the first direction, and a second tab connector 56’, 88’ fixedly attached to and extending from the second plate, configured to support a second diaphragm seal with a diaphragm sheet that is oriented substantially in the second direction; the corner post receiving a first persistent tensile load (via tensile rod 114) in the first direction and a second persistent tensile load (via tensile rod 114) in the second direction; the corner post providing structural support for a first persistent compressive load in the first direction and a second persistent compressive load in the second direction; and the corner post providing a persistent watertight connection (par 007) between the first tab connector and the second tab connector.
Regarding claim 2, Thomason discloses that the corner post is a first corner post, the system comprising a first multiplicity of tensioning strands configured and adapted to carry the first persistent tensile load in the first direction between the first corner post and a second corner post.
Regarding claim 9, Thomason discloses the first corner post comprising an extruded, formed, or rolled steel section 106, 110 and one or more weldments 56’ 88’ added thereto; the one or more weldments 56’ 88’ forming at least a portion of the first tab connector and at least a portion of the second tab connector; the one or more weldments comprising one or more members selected from the list comprising: flat stock 56’ 88, angle stock, C-channel, rod, tube, or box-section steel.
Regarding claim 36, Thomason discloses a sealed and loaded corner post 105 useful for providing concurrent structural support, post-tensioning, and watertight sealing, the sealed and loaded corner post (105, 106, 110 collectively) comprising: a first bearing surface (surface facing 28) defining a first direction effectively normal thereto, the first bearing surface configured and adapted to transmit a first persistent compressive load oriented substantially in the first direction; a second bearing surface (surface facing other wall 28) defining a second direction effectively normal thereto, the second bearing surface configured and adapted to transmit a second persistent compressive load oriented substantially in the second direction, the second direction separated from the first direction by a corner angle 122; a first tab connector 56’, 88’ configured and adapted to support a first persistent watertight diaphragm seal with a diaphragm sheet that is oriented substantially in the first direction; and a second tab connector 56’, 88’ configured and adapted to support a second persistent watertight diaphragm seal with a diaphragm sheet that is oriented substantially in the second direction; the sealed and loaded corner post (105, 106, 110 collectively) configured and adapted to provide structural support for the first persistent compressive load and the second persistent compressive load; and the sealed and loaded corner post (105, 106, 110 collectively) configured and adapted to provide a persistent watertight connection between the first tab connector and the second tab connector.
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) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thomason.
Regarding claim 15, Thomason discloses a first post-tensioned wall 28 bearing against the first bearing surface and substantially aligned with the first direction; and a second post-tensioned wall 28 bearing against the second bearing surface and substantially aligned with the second direction but does not disclose that first and second post-tensioned walls 28 are made of shotcrete. It would have been obvious to one having ordinary skill in the art at the time of invention to use shotcrete, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 227 F.2d 197, 125 USPQ 416 (CCPA 1960).
Claim(s) 10-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thomason in view of U.S. Publication No. 2014/0151378 to Anaya Perez (“Anaya Perez”).
Regarding claims 10 and 11, Thomason does not disclose that the first corner post comprising a taper from a wider base dimension to a narrower top dimension, the first plate comprising a first multiplicity of holes configured to receive the first multiplicity of tensioning strands carrying the first persistent tensile load in the first direction; and the second plate comprising a second multiplicity of holes configured and adapted to receive a second multiplicity of tensioning strands carrying the second persistent tensile load in the second direction.
Anaya Perez discloses a concrete tank wherein a first corner post (Anaya Perez; 30, Fig. 3A) comprising a taper from a wider base dimension to a narrower top dimension, a first plate (Anaya Perez; 34) comprising a first multiplicity of holes (shown in Fig. 3a, 3b) configured to receive a first multiplicity of tensioning strands carrying the first persistent tensile load in the first direction; and the second plate (Anaya Perez; 34) comprising a second multiplicity of holes (shown in Fig. 3a, 3b) configured and adapted to receive a second multiplicity of tensioning strands carrying the second persistent tensile load in the second direction.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the structure of Thomas to have the first corner post comprising a taper from a wider base dimension to a narrower top dimension, the first plate comprising a first multiplicity of holes configured to receive the first multiplicity of tensioning strands carrying the first persistent tensile load in the first direction; and the second plate comprising a second multiplicity of holes configured and adapted to receive a second multiplicity of tensioning strands carrying the second persistent tensile load in the second direction as taught in Anaya Perez with a reasonable expectation of success because it would predictably increase stability of the corner post when concrete is applied.
Claim(s) 37 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thomason in view of GB2016572 to Durell (“Durell”).
Regarding claim 37, Thomason does not disclose a third bearing surface defining a third direction effectively normal thereto, the third bearing surface configured and adapted to transmit a third persistent compressive load oriented substantially in the second direction, the corner angle being a first corner angle, and the third direction separated from the first direction by a second corner angle; and a third tab connector configured and adapted to support a third persistent watertight diaphragm seal with a diaphragm sheet that is oriented substantially in the third direction; the sealed and loaded corner post configured and adapted to provide structural support for the third persistent compressive load; and the sealed and loaded corner post configured and adapted to provide a persistent watertight connection between the first tab connector and the third tab connector, and between the third tab connector and the second tab connector.
Durrell discloses a corner post (Fig. 3) having three bearing surfaces normal to a consecutively adjacent bearing surface (forming a three-way corner), the third bearing surface (bearing surface facing down) defining a third direction (down) effectively normal thereto, the third bearing surface configured and adapted to transmit a third persistent compressive load oriented substantially in the third direction, the corner angle being a first corner angle, and the third direction separated from the first direction (up) by a second corner angle; and a third tab connector (downwardly extending flange of 7) configured and adapted to support a third persistent watertight diaphragm seal with a diaphragm sheet that is oriented substantially in the third direction; the sealed and loaded corner post configured and adapted to provide structural support for the third persistent compressive load; and the sealed and loaded corner post configured and adapted to provide a persistent watertight connection between the first tab connector and the third tab connector, and between the third tab connector and the second tab connector. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the structure of Thomason to have a third bearing surface and tab as taught in Durell with a reasonable expectation of success because it has been held that a mere duplication of parts, such as the duplication of the bearing surfaces and tab, has no patentable significance unless a new and unexpected result is produced. A duplication of parts is generally recognized as being within the level of ordinary skill in the art. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1955).
Allowable Subject Matter
Claims 21-35 and 38 are allowed.
Claims 3-8, 13-14, and 17-20 are 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.
Claim 12 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: None of the prior art, alone or in obvious combination absent hindsight, discloses applicant’s invention of a system comprising, inter alia, a first multiplicity of diaphragm sheets each, respectively, substantially aligned with the first direction and configured to create a persistent watertight seal between the first corner post and the second corner post nor a concrete floor comprising one or more connection grooves configured and adapted to receive at least the first multiplicity of diaphragm sheets and provide a persistent watertight seal therewith. The closest prior art to Thomason discloses prefabricated wall sections with steel plates 50 on ends for welding (Thomas par 0032) and thus teaches away from having a diaphragm received in connection grooves of the corner post. Likewise, Thomason teaches away from grooves in the floor because plate 32 embedded in the floor has to be flush with upper surface of slab to allow ease of welding (Thomason par 0028).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTINE T CAJILIG whose telephone number is (571)272-8143. The examiner can normally be reached M-F 9am-5pm.
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/CHRISTINE T CAJILIG/Primary Examiner, Art Unit 3633
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