DETAILED ACTION
This Office action is a reply to the amendment filed on 4/27/2026. Currently, claims 1-20 are pending. No claims have been withdrawn, cancelled or added.
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) 10, 13-15 and 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Karalic et al. (US 6240695) (‘Karalic’) in view of Lucey et al. (US 20100058681) (‘Lucey’).
Claim 10, Karalic teaches a light-frame shear wall assembly for resisting lateral forces (“building structure” col. 2, line 67; “frame wall 32 reinforced against horizontal loads, and also vertical loads by means of a reinforcement structure” col. 3, lines 5-15), the light-frame shear wall assembly comprising:
a first wall frame (first story of “frame wall” 32; Figs. 1, 1A, 2 and 5) including a first top plate 22, a first sill 16, and a first plurality of studs 20 extending between the first top plate and the first sill (Figs. 1-2), the first wall frame having a height (Figs. 1-2);
a second wall frame (second story of “frame wall” 32 identical to the first wall frame; Figs. 1, 1A, 2 and 5) disposed above the first wall frame (Figs. 1-2), the second wall frame including a second top plate 30, a second sill 26, and a second plurality of studs 28 extending between the second top plate and the second sill (Figs. 1-2);
a first shear reinforcement structure (36 on the first story; Figs. 1-2) for resisting lateral forces experienced by the first frame wall (col. 3, lines 15-25; Figs. 1-2), the first shear reinforcement structure including a first bearing plate (disposed in the corners of the first shear reinforcement structure are corner connectors 50 each comprising plates 60, 62 that constitute bearing plates, as exceedingly broadly claimed; horizontal plate 62 at the top left corner of first-story-36 as viewed in Figs. 1-1A was treated as a first bearing plate; “[t]he four corners of this rectangular frame are provided with corner connectors” col. 3, lines 54-58; col. 4, lines 5-15; Fig. 5) and being disposed in a cavity of the first frame wall (the corner connectors 50 are located in the shear reinforcement structure, which is placed in a cavity of the first frame wall; Figs. 1-2 and 5), the first shear reinforcement structure being attached to the first top plate and being attached to the first sill (col. 3, lines 50-55; Figs. 1-2);
a second shear reinforcement structure (36 on the second story; Figs. 1-2) for resisting lateral forces experienced by the second frame wall (col. 3, lines 15-25), the second shear reinforcement structure including a second bearing plate (horizontal plate 62 at the bottom left corner of second-story-36 as viewed in Figs. 1-1A was treated as a second bearing plate; col. 4, lines 5-15; Fig. 5) and being disposed in a cavity of the second frame wall (the corner connectors 50 are located in the shear reinforcement structure, which is placed in a cavity of the second frame wall; Figs. 1-2 and 5), the second shear reinforcement structure being attached to the second top plate and being attached to the second sill (col. 3, lines 50-55; Figs. 1-1A);
a tie rod 43 connecting the first and second shear reinforcement structures to one another (Figs. 1-2 show tie rods 43 connecting first-story-36 and second-story-36), the tie rod extending through the first top plate (43 extends through the first top plate 22; Fig. 2) and the second sill (43 extends through the second sill 26; Figs. 1A and 2), the tie rod having a length less than the height of the first wall frame (43 has a height that is less than a height of the first wall frame; Figs. 1-2).
Although Karalic explicitly teaches tie rods securing the first and second shear reinforcement structures to one another (col. 3, lines 50-53), Karalic does not explicitly describe the embodiment of Figs. 1-2 has having a tie rod connector mounted on the tie rod and engaging the first bearing plate of the first shear reinforcement structure, and a cinch nut mounted on the tie rod and engaging the second bearing plate of the second reinforcement structure.
However, the embodiment of Fig. 5 shows tie rod (“anchor tie-rod” 84) for anchoring to the foundation on the first story. The tie rod comprises a tie rod connector (“associated nut 86”) engaging the first bearing plate 62. It would have been obvious to one of ordinary skill in the art to use a tie rod connector such as a nut mounted on tie rod 43 and engaging the first bearing plate of the first shear reinforcement structure, and a nut mounted on the tie rod and engaging the second bearing plate of the second reinforcement structure, with the reasonable expectation of success of securing the tie rod using known fastening means, since the embodiments of Figs. 1-2 and 5 were treated as obvious variants of one another.
Regarding the nut being cinch nut, Lucey teaches a cinch nut 905 securing a tie rod 904 to a plate of a shear reinforcement structure (Figs. 15-17). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the light-frame shear wall of Karalic by using a cinch nut for the nut mounted on the tie rod and engaging the second bearing plate of the second reinforcement structure, with the reasonable expectation of success of using a known, readily-available securing device to attach the tie rod to the second wall frame, as such an arrangement would have acted as a take-up device that would grip the tie rod and bear down on the transverse portion or support portion, and respond to downward displacement and building members with respect to tie members, which tend to occur as building members shrink over time (Lucey [0090]).
Claim 13, Karalic further teaches sheathing 34 attached to one side of the first frame wall (Figs. 1-1A).
Claim 14, Karalic further teaches wherein the sheathing is directly connected to the first shear reinforcement structure (col. 3, lines 6-14; Figs. 1-1A).
Claim 15, as modified above, the combination of Karalic and Lucey teaches all the limitations of claim 10, and further teaches a holder engaging the cinch nut for holding the cinch nut in place on the second frame wall (Karalic holder 50; col. 3, lines 50-60; Fig. 5).
Claim 18, Karalic further teaches a third shear reinforcement structure 36A located in a cavity of the first wall frame adjacent to the cavity receiving the first shear reinforcement structure (Figs. 1-1A).
Claim 19, Karalic further teaches wherein the second wall frame has a second cavity adjacent the cavity receiving the second shear reinforcement member (second story, cavity between studs 28; Figs. 1-2), the second cavity being free of any shear reinforcement member (the cavity to the left of the second shear reinforcement member located on the second story is free of any shear reinforcement member).
Claim 20, Karalic further teaches a fourth shear reinforcement structure (second story above 36A, unlabeled in Figs. 1-2) located in a cavity of the second wall frame adjacent to the cavity receiving the second shear reinforcement structure (Figs. 1-1A).
Claim(s) 11-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Karalic et al. (US 6240695) (‘Karalic’) in view of in view of Lucey et al. (US 20100058681) (‘Lucey’) as above and further in view of Hundley (US 6920724).
Claim 11, Karalic further teaches wherein the second sill of the second wall frame has an opening (opening through which 43 passes; Fig. 2), the tie rod being received through the opening (Fig. 2). Karalic does not teach wherein the opening flares outwardly toward a bottom of the second sill to facilitate guiding the tie rod. However, Hundley teaches a structural panel assembly comprising a bracket that has an opening 135a that flares outwardly to facilitate receiving a tie rod at various angles (see outward flares in Figs. 5 and 6; col. 5, lines 30-40; col. 6, lines 43-56). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the shape of the opening such that the opening flares outwardly toward a bottom of the second sill to facilitate guiding the tie rod, with the reasonable expectation of success of permitting the tie rod to enter the opening even if the tie rod is not perfectly aligned with the center of the opening, since it has been held that a change in shape is generally recognized as being within the level of ordinary skill in the art. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966) (The court held that the configuration of the claimed disposable plastic nursing container was a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed container was significant.).
Claim 12, as modified above, the combination of Karalic, Lucey and Hundley teaches all the limitations of claim 11, and further teaches a nut threadably engaged with the tie rod and seated against a lower surface of the first sill of the first frame wall (Karalic col. 3, lines 50-55; Hundley nut 33A).
Claim(s) 16-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Karalic et al. (US 6240695) (‘Karalic’) in view of Lucey et al. (US 20100058681) (‘Lucey’) and further in view of Patten (US 2940496).
Claims 16-17, Karalic and Lucey teach all the limitations of claim 15 as above. Karalic does not teach wherein the holder comprises a first clip and a second clip spaced apart from the first clip, the first and second clips engaging portions of the cinch nut. However, Patten teaches a holder comprising first and second clips (16; Figs. 1-3 and 5) spaced apart from one another (Figs. 1-3 and 5), the first and second clips engaging portions of a cinch nut 12, [claim 17] wherein each of the first and second clips includes a resilient locking tab (portion 18 that is bent downwardly with respect to vertical portion of 16; Figs. 1-3 and 5) extending down from the clip and engaging the portions of the cinch nut (Figs. 1-3 and 5). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the light-frame shear wall assembly of Karalic such that the holder comprises a first clip and a second clip spaced apart from the first clip, the first and second clips engaging portions of the cinch nut, and wherein each of the first and second clips includes a resilient locking tab extending down from the clip and engaging the portions of the cinch nut, with the reasonable expectation of success of using a known device to attach the tie rod to the shear reinforcement structure.
Allowable Subject Matter
Claims 1-9 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: the prior art of record, specifically Pellock (US 6212849), Karalic et al. (US 6240695) (‘Karalic’), Lucey et al. (US 20100058681) (‘Lucey’), Hundley (US 6920724), Patten (US 2940496) and Gray et al. (US 20130025237) (‘Gray’) do not teach or disclose, alone or in combination, all the elements and features of the claimed invention as a whole, including inter alia:
a shear member having opposite first and second major surfaces, the shear member being arranged to resist the lateral forces experienced by the frame wall, a first shear frame member projecting outward from the first major surface of the shear member at a peripheral edge of the shear member so that more of the first shear frame member projects outwardly from the first major surface of the shear member than projects outwardly from the second major surface of the shear frame, the first shear frame member defining a side frame surface in opposing, face-to-face position with one of the top plate, sill, first stud and second stud; sheathing connected to the frame wall and the shear reinforcement structure for supporting the shear wall against shear loads, the sheathing being located closer to the second major surface of the shear member than to the first major surface of the shear member; and fasteners attaching the sheathing to the shear reinforcement structure, each of the fasteners extending through the sheathing and thence through the second major surface of the shear member and fastening the sheathing directly to the shear member, as taught by amended claim 1.
It would have been beyond the level of ordinary skill in the art to modify or combine Pellock, Karalic or any other cited prior art reference of record to arrive at the claimed invention. Claims 2-9 depend, directly or indirectly from claim 1.
Response to Arguments
Applicant’s arguments with respect to claim(s) 10-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant has amended the claims and thus the scope of the claims has been changed. The rejections set forth in this instant Office action have been modified from the rejections set forth in the previous Office action filed on 1/26/2026 to address applicant’s amendments. Applicant’s arguments are respectfully drawn to the claims as amended.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES M FERENCE whose telephone number is (571)270-7861. The examiner can normally be reached M-F 7-4pm.
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JAMES M. FERENCE
Primary Examiner
Art Unit 3635
/JAMES M FERENCE/Primary Examiner, Art Unit 3635
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