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
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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Anderson (US 6,079,908) in view of Schwarer (AU 636100).
As to claim 1, Anderson discloses (see figures 47 and 48) a mechanically stabilized earth (MSE) retaining wall, the wall comprising:
a concrete panel 470, the panel having a generally planar body with a frontside, a backside, and a surrounding peripheral edge;
a steel embed 418 having first and second parts, the first part residing and secured within the concrete panel, the second part (420,422) extending outwardly from the backside, the second part having an embed aperture 424;
a steel reinforcement rod (454/456), the rod having a generally cylindrical elongated body with first and second ends, the first end residing within backfill soil, the second end having a rod loop (410/412); and
a steel fastener 428 extending through the embed aperture and the rod loop to thereby secure together the reinforcement rod and the embed.
Anderson does not disclose the elongated body extending continuously in a linear manner from the rod loop to the first end. Schwarer discloses (see figure 2, page 4-5, lines 26-03) a steel reinforcement rod 21 having a loop at one end and an elongated body extending continuously in a linear manner from the rod loop to the first end. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the elongated body extending continuously in a linear manner from the rod loop to the first end as disclosed by Schwarer, since doing so provides the expected benefit of stabilizing and anchoring a retaining wall.
As to claim 2, both Anderson and Schwarer disclose wherein the rod loop(410,412) is formed from a reshaped end part of the reinforcement rod (454,456).
As to claim 3, Anderson discloses wherein the rod loop (410,412) is generally circular and wherein the fastener is a steel threaded bolt 428 having a generally cylindrical elongated body with first and second ends, the first end having a bolt head, the second end having a steel bolt and nut 430 that is threaded thereon.
As to claim 4, Anderson discloses wherein the steel reinforcement rod (454/456) comprises a plurality of raised ribs (inherent of rebar) along its elongated body.
As to claim 5, Anderson discloses (see col. 19, lines 60-62) the steel reinforcement rod (454, 456) being rebar.
As to claim 6, Anderson discloses wherein the embed aperture 424 has a central axis that extends generally parallel to the backside of the panel.
As to claim 7, Anderson discloses wherein the first part 418 of the embed is a steel loop and the second part comprises first and second stems (420, 422) secured to and extending in a linear manner outwardly from the steel loop, each of the stems having opposing first and second generally flat sides extending between first and second edges and having first and second apertures, the first side of the first stem being contiguous with the second side of the second stem, the first and second apertures being substantially aligned to create the embed aperture.
As to claim 8, Anderson discloses wherein the embed loop 418 is generally triangular.
As to claim 9, Anderson discloses a system for connecting a concrete panel associated with a mechanically stabilized earth (MSE) retaining wall with a steel reinforcement rod that extends into backfill soil, the system comprising:
a steel embed 418 having first and second parts, the first part 418 residing and secured within the concrete panel, the second part (420, 422) extending outwardly from the backside, the second part having an embed aperture 424;
a steel reinforcement rod (454/456), the rod having a generally cylindrical elongated body with first and second ends, the first end residing within backfill soil, the second end having a rod loop (410, 412); and
a steel fastener 428 extending through the embed aperture and the rod loop to thereby secure together the rod loop and the embed.
Anderson does not disclose the elongated body extending continuously in a linear manner from the rod loop to the first end. Schwarer discloses (see figure 2, page 4-5, lines 26-03) a steel reinforcement rod 21 having a loop at one end and an elongated body extending continuously in a linear manner from the rod loop to the first end. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the elongated body extending continuously in a linear manner from the rod loop to the first end as disclosed by Schwarer, since doing so provides the expected benefit of stabilizing and anchoring a retaining wall.
As to claim 10, both Anderson and Schwarer disclose wherein the rod loop (410, 412) is formed from a reshaped end part of the reinforcement rod (454,456).
As to claim 11, Anderson discloses wherein the rod loop (410, 412) is generally circular and wherein the fastener is a steel threaded bolt 428 having a generally cylindrical elongated body with first and second ends, the first end having a bolt head, the second end having a steel bolt and nut 430 that is threaded thereon.
As to claim 12, Anderson discloses wherein the steel reinforcement rod (454,456) comprises a plurality of raised ribs (inherent of rebar) along its elongated body.
As to claim 13, Anderson discloses (see col. 19, lines 60-62) the steel reinforcement rod (454, 456) being rebar.
As to claim 14, Anderson discloses wherein the embed aperture 424 has a central axis that extends generally parallel to the backside of the panel.
As to claim 15, Anderson discloses wherein the first part 418 of the embed is a steel loop and the second part (420,422) comprises first and second stems secured to and extending in a linear manner outwardly from the steel loop, each of the stems having opposing first and second generally flat sides extending between first and second edges and having first and second apertures, the first side of the first stem being contiguous with the second side of the second stem, the first and second apertures being substantially aligned to create the embed aperture 424.
As to claim 16, Anderson discloses wherein the embed loop 418 is triangular.
As to claim 17, Anderson discloses mechanically stabilized earth (MSE) retaining wall comprising the system of claim 9 (see above).
As to claim 18, Anderson discloses mechanically stabilized earth (MSE) retaining wall, the wall comprising:
a concrete panel 470, the panel having a generally planar body with a frontside, a backside, and a surrounding peripheral edge;
a steel embed 418 having first and second parts, the first part 418 residing and secured within the concrete panel, the second part (420, 422) extending outwardly from the backside, the first part of the embed being a steel embed loop 418, the second part comprising first and second stems (420, 422) secured to and extending in a linear manner outwardly from the steel loop, each of the stems having opposing first and second generally flat sides extending between first and second edges and having first and second apertures (424, 426), the first side of the first stem being contiguous with the second side of the second stem, the first and second apertures being substantially aligned;
a steel reinforcement rebar rod (454/456), the rebar rod having a generally cylindrical elongated body with first and second ends, the first end residing within backfill soil, the second end having a rod loop (410/412); and
a steel bolt 428 extending through the embed first and second apertures and the rod loop, the bolt secured by a nut 430, the bolt and the nut securing together the rebar rod and the embed.
Anderson does not disclose the elongated body extending continuously in a linear manner from the rod loop to the first end. Schwarer discloses (see figure 2, page 4-5, lines 26-03) a steel reinforcement rod 21 having a loop at one end and an elongated body extending continuously in a linear manner from the rod loop to the first end. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the elongated body extending continuously in a linear manner from the rod loop to the first end as disclosed by Schwarer, since doing so provides the expected benefit of stabilizing and anchoring a retaining wall.
As to claim 19, both Anderson and Schwarer disclose wherein the rod loop (410/412) is formed from a reshaped end part of the reinforcement rebar rod.
As to claim 20, Anderson discloses wherein the embed 418 is triangular in shape.
Response to Arguments
Applicant’s arguments, see response, filed 2/2/26, with respect to the rejection(s) of claim(s) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made as stated above.
Conclusion
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 FREDERICK L LAGMAN whose telephone number is (571)272-7043. The examiner can normally be reached Tuesday-Friday 8am-6:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amber Anderson can be reached at 571-270-5281. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/FREDERICK L LAGMAN/Primary Examiner, Art Unit 3678
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