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 § 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) 1-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Foley (US Patent No 8,209,925).
Referring to claim 1: Foley teaches a modular construction assembly, comprising: a truss hanger (item 14) configured to support a truss structure; and an embed plate (item 12) including one or more studs (item 38), the embed plate configured for mounting to a predetermined position over a wall structure (item 70) and configured to engage the truss hanger to maintain the truss hanger in a fixed position relative to the wall structure (figure 4). Foley does not specifically teach wherein the embed plate shifts load associated with the truss structure from a face of the wall structure to the embedded studs of the embed plate. However, it would have been obvious to one of ordinary skill in the art at the time of filing to recognize that the structure of Foley would function to shift the truss load into the wall structure through the studs embedded in concrete as taught by the final product of Foley.
Referring to claim 2: Foley teaches all the limitations of claim 1 as noted above. Additionally, Foley teaches the embed plate engages a form configured to receive concrete (col 3, lines 50-53).
Referring to claim 3: Foley teaches all the limitations of claim 2 as noted above. Additionally, Foley teaches the form comprises a rebar cage (item 72). Foley does not specifically teach stirrups. However, the Examiner gives Official Notice that it is known in the art to include stirrups when creating a rebar cage within a wall or column.
Referring to claim 4: Foley teaches all the limitations of claim 1 as noted above. Additionally, Foley teaches wherein the embed plate includes a base plate (item 26) and the one or more studs (item 38) extend from the base plate and are configured for shear connection in concrete (figure 4).
Referring to claim 5: Foley teaches all the limitations of claim 1 as noted above. Additionally, Foley teaches wherein the embed plate is configured to receive concrete over the one or more studs along a first side of the embed plate to anchor the embed plate in the predetermined position along the wall structure, and the truss hanger is mounted to a second side of the embed plate opposite the first side (col 3, lines 50-53 and figure 4).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICK J MAESTRI whose telephone number is (571)270-7859. The examiner can normally be reached M-Th 7-3.
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/PATRICK J MAESTRI/Primary Examiner, Art Unit 3635