DETAILED ACTION
This is a first Office action on the merits responsive to applicant’s original disclosure filed on 7/22/2024. Claims 1-20 are pending and are under consideration.
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 .
Information Disclosure Statement
The Information Disclosure Statement filed on 10/30/2024 and 1/8/2025 are being considered.
Drawings
The drawings filed on 1/8/2025 are acceptable for examination.
Claim Objections
Claims 2 and 11 are objected to because of the following informalities:
Claim 2, “an into” is objected to because the limitation appears to contain a typo. This objection can be overcome by reciting, “and into” or equivalent.
Claim 11, “flare outwardly” is objected to because the limitation appears to contain a typo. This objection can be overcome by reciting, “flares outwardly” or equivalent. Appropriate correction is required.
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 1-9, 11-12 and 17 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 1, “the shear reinforcement member” (second-to-last line) is indefinite because the limitation lacks antecedent basis. Note that the claim previously recites, “a shear reinforcement structure” and “a shear member”, but not “a shear reinforcement member”. Does applicant intend for the limitation to refer to the previously recited shear reinforcement structure or to the shear member?
Claim 11, “the bottom” is indefinite because the limitation lacks antecedent basis. Note that a bottom is not previously recited. This rejection can be overcome by reciting, “a bottom” or equivalent.
Claim 11, “the second seal” is indefinite because the limitation lacks antecedent basis. Does applicant intend for the limitation to refer to the previously recited second sill? If so, this rejection can be overcome by reciting, “the second sill”.
Claim 17, “each clip” is indefinite because the limitation lacks antecedent basis. Does applicant intend for the limitation to refer to the first clip and the second clip? If so, this rejection can be overcome by reciting, “each of the first and second clips” or equivalent.
The remainder of the claims are dependent upon directly or indirectly a rejected base claim.
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) 1-5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Pellock (US 6212849).
Claim 1, Pellock provides a light-frame shear wall for resisting lateral forces, the light-frame shear wall comprising:
a frame wall including a top plate 28, a sill 24, a first stud 32B interconnecting the top plate and the sill (Figs. 1 and 7) and a second stud 32C interconnecting the top plate and the sill (Figs. 1 and 7), the frame wall having a cavity bounded by the top plate, the sill, the first stud, and the second stud (space between top plate, sill and first and second studs, as shown in Figs. 1 and 7);
a shear reinforcement structure 20 for resisting lateral forces experienced by the frame wall (it is understood that the shear reinforcement structure is suitable to resist lateral forces experienced by the frame wall, and thus the shear reinforcement structure meets the claim; claim 4, lines 65-67 and col. 5, lines 1-7), the shear reinforcement structure being disposed in the cavity of the frame wall (Figs. 1 and 7), the shear reinforcement structure being attached to the first stud and the second stud (it is understood that the shear reinforcement structure is attached to the first stud and the second stud; col. 3, lines 3-20), the shear reinforcement structure including a shear member arranged to resist the lateral forces experienced by the frame wall (under the broadest reasonable interpretation of “shear reinforcement structure including a shear member”, the shear reinforcement structure is a “shear panel” 20 that is suitable to resist the lateral forces experienced by the frame wall, as exceedingly broadly claimed; col. 2, lines 50-60; col. 3, lines 3-20; Figs. 1 and 7); and
sheathing connected to the frame wall and the shear reinforcement member for supporting the shear wall against shear loads (“subsequently installed drywall or exterior sheathing” col. 4, lines 66-67 and col. 5, lines 1-20 connected to the frame wall and to the shear reinforcement member via 90; Figs. 1 and 7).
Claim 2, Pellock further provides fasteners extending through the sheathing an into the shear reinforcement structure (it is understood that nailing strip 90 receives fasteners extending through the sheathing and into the shear reinforcement structure; col. 5, lines 1-20).
Claim 3, Pellock further provides wherein the top plate comprises one or more wooden members (24; Fig. 7) and the sill comprises one or more wooden members (28; Fig. 7).
Claim 4, Pellock further provides wherein the shear reinforcement structure has an upper surface (upper surface of 20) in face-to-face engagement with a lower surface of the top plate (Fig. 7) and a lower surface (lower surface of 20) in face-to-face engagement with an upper surface of the sill (Fig. 7).
Claim 5, Pellock further provides wherein the face-to-face engagement of the upper surface of the shear reinforcement structure with the lower surface of the top plate extends from the first stud to the second stud (Fig. 7), and wherein the face-to-face engagement of the lower surface of the shear reinforcement structure with the upper surface of the top plate extends from the first stud to the second stud (Fig. 7).
Claim(s) 1, 6 and 8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Karalic et al. (US 6240695) (‘Karalic’).
Claim 1, Karalic provides a light-frame shear wall for resisting lateral forces, the light-frame shear wall comprising:
a frame wall 32 including a top plate 22, a sill 16, a first stud (20 left; Fig. 1A) interconnecting the top plate and the sill (Fig. 1A) and a second stud (20 right; Fig. 1A) interconnecting the top plate and the sill (Fig. 1A), the frame wall having a cavity bounded by the top plate, the sill, the first stud, and the second stud (Fig. 1A);
a shear reinforcement structure 36 for resisting lateral forces experienced by the frame wall (col. 3, lines 15-25), the shear reinforcement structure being disposed in the cavity of the frame wall (Figs. 1-1A), the shear reinforcement structure being attached to the first stud and the second stud (Figs. 1-1A), the shear reinforcement structure including a shear member arranged to resist the lateral forces experienced by the frame wall (under the broadest reasonable interpretation of “shear reinforcement structure including a shear member”, the shear reinforcement structure includes a reinforcement member that is suitable to resist the lateral forces experienced by the frame wall, as exceedingly broadly claimed; col. 3, lines 15-25; Figs. 1-2); and
sheathing 34 connected to the frame wall and the shear reinforcement member for supporting the shear wall against shear loads (Fig. 1).
Claim 6, Karalic further provides wherein the shear reinforcement structure is attached to the first stud and to the second stud by fasteners extending through the shear reinforcement structure into the first stud and by fasteners extending through the shear reinforcement structure into the second stud (col. 3, lines 50-53).
Claim 8, Karalic further provides a first tie rod 43 extending through the top plate (opening in 22 through which 43 passes) and through a first tie rod opening of the shear reinforcement structure (opening in 36 through which 43 passes; col. 3, lines 50-55) for attaching the shear reinforcement structure to the top plate (Fig. 2) and a second tie rod 41 extending through the sill (opening in 16 through which 41 passes) and through a second tie rod opening of the shear reinforcement structure for attaching the shear reinforcement structure to the sill (opening in 36 through which 41 passes; col. 3, lines 50-55; Fig. 2).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Karalic et al. (US 6240695) (‘Karalic’) in view of Gray et al. (US 20130025237) (‘Gray’).
Claim 7, Karalic teaches all the limitations of claim 1 as above. Karalic does not teach clips mounted on the sill of the frame wall on opposite sides of an opening in the sill. However, Gray teaches a take-up fastener for resisting uplift loads in light framed construction, comprising clips (142, 144; note that under the broadest reasonable interpretation, elements 142 and 144 are devices that are flexible for holding an object in place and thus the elements constitute clips, as exceedingly broadly claimed; Fig. 8) mounted on a sill (plate 140 comprising the clips is mounted on a sill 110) of a frame wall (level 102 of “framed construction” [0031]; Fig. 2) on opposite sides of an opening in the sill (Fig. 8). 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 incorporating clips mounted on the sill of the frame wall on opposite sides of an opening in the sill, with the reasonable expectation of success of further preventing upward movement of the sill relative to the tie rod, for example under a load exerted on an upper story by wind or other external forces (Gray [0012]).
Claim(s) 9-10, 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 9, Karalic further teaches a nut securing the second tie rod to the shear reinforcement structure (nut above sill 16 securing second tie rod 41 to the shear reinforcement structure; col. 3, lines 50-53). Karalic does not teach the nut being a cinch nut. However, Lucey teaches a cinch nut 905 securing a tie rod 904 to 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 securing the second tie rod to the shear reinforcement structure, with the reasonable expectation of success of using a known, readily-available securing device to secure the second tie rod to the shear reinforcement structure, 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 10, Karalic teaches a light-frame shear wall assembly for resisting lateral forces, the light-frame shear wall assembly comprising:
a first wall frame 32 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 wall frame disposed above and identical to the first wall frame; Figs. 1-2) 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. 1-1A);
a first shear reinforcement structure 36 for resisting lateral forces experienced by the first frame wall (col. 3, lines 15-25; Figs. 1-2), the first shear reinforcement structure being disposed in a cavity of the first frame wall (Figs. 1-2), 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 (second story 36 unlabeled in Figs. 1-1A) for resisting lateral forces experienced by the second frame wall (col. 3, lines 15-25), the second shear reinforcement structure being disposed in a cavity of the second frame wall (Figs. 1-1A), 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), the tie rod extending through the first top plate (43 extending through the first top plate 22; Fig. 2) and the second sill (43 extending through the second sill 26; Fig. 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; Fig. 2);
a nut attaching the tie rod to the second wall frame (nut attaching tie rod 43 to the second wall frame; col. 3, lines 50-53; Fig. 2).
Karalic does not teach the nut being a cinch nut. However, Lucey teaches a cinch nut 905 securing a tie rod 904 to 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 attaching the tie rod to the second wall frame, 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 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 the 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 the 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 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 clip 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 clip 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Mattei can be reached at 571-270-3238. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JAMES M. FERENCE
Primary Examiner
Art Unit 3635
/JAMES M FERENCE/Primary Examiner, Art Unit 3635