Notice of Pre-AIA or AIA Status
This is in response to the application filed on July 18, 2024. Claims 1-8 stand rejected as set forth below. 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 5 objected to because of the following informalities: The phrase “of said lower section” is repeated. Appropriate correction is required.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
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Claims 1-6 are rejected under 35 U.S.C. 102(a)(1) as being unpatentable by Lin (US 20080083185).
In regard to Claim 1, Lin discloses a construction form configured to provide sealing of an opening of a hole or pipe in a structure so as to permit a pourable material to be poured therein wherein the construction form comprises: a body (umbrella-like element 10), said body having a first portion (see figures above) and a second portion (see figures above), said first portion and said second portion being of similar size and shape (Fig 1, 2)(annotated Fig 1, 2), said first portion (see figures above) and said second portion (see figures above) being movably mounted so as to facilitate movement of said body between a collapsed position and a deployed position [0027](Fig 3, 4), said first portion having a lower section (ribs 16) and an upper section (umbrella-like front head 12), said second portion having a lower section (ribs 16) and an upper section (umbrella-like front head 12), said upper section of said first portion (see figures above) being perpendicular to said lower section of said first portion (see figures above), said upper section of said second portion (see figures above) being perpendicular to said lower section of said second portion (see figures above)(annotated Fig 1, 2)[0029], said lower section (ribs 16) of said first portion (see figures above) of said body having a bottom surface, said lower section (ribs 16) of said second portion (see figures above) of said body having a bottom surface (Fig 1, 2)(annotated Fig 1, 2); and wherein said upper section (umbrella-like front head 12) of said first portion and said upper section (umbrella-like front head 12) of said second portion combine to extend beyond an opening of a hole or pipe in which the construction form was inserted in the deployed position of said body [0027](Fig4).
In regard to Claim 2, Lin discloses the construction form of Claim 1 wherein said lower section (ribs 16) of said first portion (see figures above) of said body is semi-annular in shape (Fig 1).
In regard to Claim 3, Lin discloses the construction form of Claim 2 wherein said lower section (ribs 16) of said second portion (see figures above) of said body is semi-annular in shape (Fig 1).
In regard to Claim 4, Lin discloses the construction form of Claim 3 and further including a hinge member (front end of the stem 11) (Fig 1), said hinge member (front end of the stem 11) having a first section secured to said bottom surface of said lower section (ribs 16) of said first portion (see figures above) and a second section secured to said bottom surface of said lower section (ribs 16) of said second portion (see figures above) of said body [0025](Fig 1, 3)(annotated Fig 1, 2).
In regard to Claim 5, Lin discloses the construction form of Claim 4 wherein in said collapsed position said bottom surface of said lower section (ribs 16) of said first portion (see figures above) and said bottom surface of said lower section (ribs 16) of said lower section of said second portion (see figures above) are adjacent each other (Fig 3)(annotated Fig 1, 2).
In regard to Claim 6, Lin discloses the construction form of Claim 5 and further including a pull member (stem 11) (Fig 1, 4), said pull member (stem 11) having a first end and a second end, said first end of said pull member being secured to the bottom surface of said lower section (ribs 16) of said first portion (see figures above) (Fig 1, 4)(annotated Fig 1, 2).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 7 and 8 are rejected under 35 U.S.C. 102(a)(1) as being unpatentable by Lin (US 20080083185).
In regard to Claim 7, Lin discloses the construction form of Claim 6 wherein said upper section (umbrella-like front head 12) of said first portion (see figures above) is circular in shape, but Lin does not specifically disclose wherein said upper section (umbrella-like front head 12) of said first portion (see figures above) is rectangular in shape (Fig 1)(annotated Fig 1, 2). It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the upper section of the construction form of Lin to be rectangular in shape instead of circular in shape in order to increase friction and prevent rotation of the upper section.
In regard to Claim 8, Lin discloses the construction form of Claim 7 wherein said upper section (umbrella-like front head 12) of said second portion (see figures above) is circular in shape, but Lin does not specifically disclose wherein said upper section (umbrella-like front head 12) of said second portion (see figures above) is rectangular in shape (Fig 1)(annotated Fig 1, 2). It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the upper section of the construction form of Lin to be rectangular in shape instead of circular in shape in order to increase friction and prevent rotation of the upper section.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Audrey Fisher whose telephone number is (571)272-2849. The examiner can normally be reached Monday to Friday 7:30-4:30.
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/Audrey Fisher/Examiner, Art Unit 3635
/BRIAN D MATTEI/Supervisory Patent Examiner, Art Unit 3635