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 .
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-29 in the reply filed on 6/8/26 is acknowledged.
Claims 30-53 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 10/13/25 (x2) are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Claim Objections
Claim 6 is objected to because of the following informalities: “are” is omitted before “circular ring members”. 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 1-29 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, line 4 recites “a coupler”. Line 6 of the claim recites “a threaded coupler”. It is unclear if the coupler and the threaded coupler are the same. Claim terms should be clearly differentiated from each other or if they are the same, antecedence should be reflected with “the” or “said”. Based on a review of the specification, it appears that the coupler and the threaded coupler are the same structure. The claims have been examined as such.
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.
Claims 1, 2, 6, 11, 14 and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kuang et al., CN 210714712.
Regarding claim 1:
Kuang discloses a plug (1) for sealing one end of a threaded coupler (2) from wet concrete, comprising:
a) a body including a flange portion (12) for sealing around an outer edge of an opening of a coupler (abstract); and
b) the body including a plug portion with radial projections (thread 13) for engagement inside a threaded coupler, the radial projections are configured to flex when the plug portion is pushed into or pulled out of the threaded coupler (elastic material), the plug portion extending downwardly from the flange portion (refer to Fig. 1).
Regarding claim 2:
Kuang discloses wherein the radial projections comprises a thread (13) for engagement with the threaded coupler.
Regarding claim 6:
Kuang discloses wherein the radial projections are circular ring members (thread 13 is comprised of circular ring members).
Regarding claim 11:
Kuang discloses wherein the plug portion is cylindrical (refer to Fig. 1).
Regarding claim 14:
Kuang discloses wherein the plug portion includes a top surface for disposition at a same level as a top edge of the coupler (plug portion 13 has a top surface disposed at the same level as the top edge of sleeve 2, refer to Fig. 2).
Regarding claim 18:
Kuang discloses wherein the flange portion includes a top surface and a bridge portion (11) above the top surface, the bridge portion is configured to flex and rebound when hit (it is elastic), the bridge portion creating a gap above the surface for receiving a tool to pry the plug after concrete is cured.
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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 3 is rejected under 35 U.S.C. 103 as being unpatentable over Kuang et al., CN 210714712 in view of Brownlee, US 5,011,354.
Regarding claim 3:
Kuang discloses first and second portions of the thread but does not disclose wherein the two portions have differing thicknesses.
Brownlee discloses a plug wherein an upper portion (12) is thicker than a lower portion (15).
Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art (PHOSITA) to provide a thicker first portion as suggested by Brownlee to the upper threaded portion of Kuang in order to provide an anchoring abutment for limiting depth of the travel of the plug (5th paragraph of the detailed description of Brownlee).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Kuang et al., CN 210714712 in view of Condon, US 2022/0095602.
Regarding claim 4:
Kuang does not disclose wherein the thread has rounded crest portions.
Condon discloses a plug assembly wherein a plug (14) has a thread with rounded crest portions (38)
Before the effective filing date of the invention, it would have been obvious to a PHOSITA to provide rounded crest portions as suggested by Condon to the thread of Kuang in order to aid in removal from an injection mold during manufacture (para. 0073).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Kuang et al., CN 210714712 in view of Espinosa, US 2019/0352900.
Regarding claim 5:
Kuang does not disclose wherein the thread comprises a single revolution disposed at an upper and/or lower portion of the plug.
Espinosa discloses an anchor assembly wherein the thread comprises a single revolution disposed at an upper portion of the plug portion (plug 446 having stem 460 and base 452, Fig. 113, para. 0138).
Before the effective filing date of the invention, it would have been obvious to a PHOSITA to substitute a single revolution thread as suggested by Espinosa for the thread of Kuang in order to provide a connection strong enough to seal but weak enough to all breakage when form boards are removed (para. 0138).
Claims 7-9 are rejected under 35 U.S.C. 103 as being unpatentable over Kuang et al., CN 210714712 in view of Kraus, US 5,499,737.
Regarding claims 7-9:
Kuang does not expressly disclose wherein the plug comprises crisscrossed wall members, knob projections and a hollow plug portion.
Kraus discloses a plug comprising crisscrossed wall members (Fig. 3), knob projections (8, 9, 10, 11) and a hollow plug portion.
Before the effective filing date of the invention, it would have been obvious to a PHOSITA to substitute the crisscrossed members, knob projections and hollow plug portion as suggested by Kraus for the structure of Kuang in order to provide a plug that can be installed with a low expenditure of force (col. 1, ll. 22-26 of Kraus).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Kuang et al., CN 210714712 in view of Kirchen, US 2004/0151560.
Regarding claim 10:
Kuang does not expressly disclose wherein the plug is barrel shaped.
Kirchen discloses a barrel shaped plug (52).
Before the effective filing date of the invention, it would have been obvious to a PHOSITA to substitute the barrel shape for the plug of Kuang in order to ease insertion of the plug (para. 0018 of Kirchen).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Kuang et al., CN 210714712 in view of Saunders, US 3,393,431.
Regarding claim 12:
Kuang does not expressly disclose wherein the plug portion is tapered.
Saunders discloses a plug portion that is tapered (34).
Before the effective filing date of the invention, it would have been obvious to a PHOSITA to taper the plug of Kuang as suggested by Saunders in order to guide the plug portion (21st paragraph of Saunders).
Claims 13, 17 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Kuang et al., CN 210714712 in view of Shymkowich, US 2016/0208504.
Regarding claims 13, 17 and 19:
Kuang does not though Shymkowich discloses wherein the plug portion includes a recessed top (lid 32 with recessed top 35) and a vertical member (46) extending vertically from and outside the recessed top to indicate position of the coupler after concrete is poured, the vertical member configured to flex and rebound when hit.
Before the effective filing date of the invention, it would have been obvious to a PHOSITA to modify Kuang to include a recessed top and the vertical member as suggested by Shymkowich in order to provide a removable lid for opening and closing of the space.
Claims 15 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Kuang et al., CN 210714712 in view of Liu et al., CN 216130449.
Regarding claims 15 and 16:
Kuang does not though, Liu discloses a plug having a flange portion (17) including a convex top surface and a sidewall extending downwardly (refer to Fig. 6).
Before the effective filing date of the invention, it would have been obvious to a PHOSITA to substitute the convex top surface and downwardly extending sidewall as suggested by Liu for the flange of Kuang in order to protect the threads from concrete intrusion (para. 0032 of Liu).
Claims 20-29 are rejected under 35 U.S.C. 103 as being unpatentable over Kuang et al., CN 210714712 in view of Espinosa, US 2020/0347589.
Regarding Claim 20:
Kuang discloses the plug as in claim 1, and further comprising: a coupler having a first threaded end opening for receiving the plug portion the first threaded end opening for being accessible with respect to a concrete surface of a concrete structure after the plug is removed (a first opening receiving the
plug 1 and accessible with respect to a concrete surface after the plug is removed; Figs. 1, 2; Para. [0022]).
Kuang fails to explicitly disclose a coupler having a first threaded end opening for receiving the plug portion and a second threaded end opening; and an anchor rod having a first end portion received in the second threaded opening.
Espinosa teaches a concrete coupling assembly (Abstract), a coupler having a first threaded end opening for receiving the plug portion and a second threaded end opening; and an anchor rod having a first end portion received in the second threaded opening (a coupling assembly 150 includes a coupler 160 having a top edge 164 with a bore 170, flush with and accessible from a top 166 of a concrete foundation, the coupler includes a second bore 168 for receiving an anchor rod 156; Figs. 21-23; Paras. [0079], [0081]).
It would have been obvious to a PHOSITA to modify Kuang to include a coupler having a first threaded end opening for receiving the plug portion and a second threaded end opening; and an anchor rod having a first end portion received in the second threaded opening as taught
by Espinosa.
The motivation being to assist in securing a load to a concrete foundation (Para. [0079]).
Regarding Claim 21:
Modified Kuang discloses the plug as in claim 20, wherein: the plug portion has a bottom end disposed inside the coupler (the plug 1 having a bottom end disposed inside the sleeve 2; Figs.1, 2).
Kuang fails to explicitly disclose the anchor rod including a top end disposed inside the coupler, the bottom end of the plug portion providing a stop for the top end of the anchor rod at a position of minimum thread engagement of the anchor rod with the coupler.
Espinosa teaches a concrete coupler (abstract), the anchor rod including a top end disposed inside the coupler (the top end of the anchor rod 156 disposed inside the coupler 160; Fig. 22), the bottom end of the plug portion providing a stop for the top end of the anchor rod at a position of minimum thread engagement of the anchor rod with the coupler (a plug, as in Kuang, inserted into the coupler would provide a stop for the anchor rod, the anchor rod having a minimum number of threads for sufficient engagement with the coupler 160; Figs. 21-23; Para. [0081]; see Kuang Figs. 1, 2;).
It would have been obvious to one of ordinary skill in the art before the priority date to modify Kuang such that the anchor rod includes a top end disposed inside the coupler, the bottom end of the plug portion providing a stop for the top end of the anchor rod at a position of minimum thread engagement of the anchor rod with the coupler as taught by Espinosa.
The motivation being to assist in securing a load to a concrete foundation (Para. [0079]).
Regarding Claim 22:
Modified Kuang discloses the plug as in claim 20, wherein the plug portion penetrates the coupler to a depth to provide minimum thread engagement of a rod when threaded to the first threaded opening after the plug is removed (the plug 1 penetrates the sleeve 2 with an axial length longer than the axial length of the internal thread of the sleeve such that after removal, a threaded item can be inserted with sufficient thread engagement; Para. [0023]).
Regarding Claim 23:
Modified Kuang discloses the plug as in claim 20.
Kuang fails to explicitly disclose and further comprising a holder for receiving a second end portion of the anchor rod.
Espinosa teaches a concrete coupler (Abstract), further comprising a holder for receiving a second end portion of the anchor rod (a holder 154 secured to a second end of the threaded rod 156; Fig. 21; Para. [0079]).
It would have been obvious to one of ordinary skill in the art before the priority date to modify Kuang to include a holder for receiving a second end portion of the anchor rod as taught by Espinosa.
The motivation being to assist in securing a load to a concrete foundation (Para. [0079]).
Regarding Claim 24:
Modified Kuang discloses the plug as in claim 23.
Kuang fails to explicitly disclose and further comprising an anchor body attached to the anchor rod.
Espinosa teaches a concrete coupler (abstract), and further comprising an anchor body attached to the anchor rod (an anchor member 158 such as an anchoring nut, attached to the anchoring rod 156; Para. [0079]). It would have been obvious to one of ordinary skill in the art before the priority date to modify Kuang to include an anchor body attached to the anchor rod as taught by Espinosa.
The motivation being to assist in securing a load to a concrete foundation (Para. [0079]).
Regarding Claim 25:
Modified Kuang discloses the plug as in claim 21.
Kuang fails to explicitly disclose wherein: the coupler includes a sight hole at the position of minimum thread engagement; and the anchor rod includes a top end which is visible in sight hole.
Espinosa teaches a concrete coupler (abstract) wherein: the coupler includes a sight hole at the position of minimum thread engagement (a sight hole 180 for viewing the rod 156 to ensure sufficient thread engagement; Para. [0081]); and the anchor rod includes a top end which is visible in sight hole (the top end of the anchor rod 156 visible through the sight hole; Para. [0081]).
It would have been obvious to one of ordinary skill in the art before the priority date to modify Kuang such that the coupler includes a sight hole at the position of minimum thread engagement; and the anchor rod includes a top end which is visible in sight hole as taught by Espinosa.
The motivation being to assist in securing a load to a concrete foundation (Para. [0079]).
Regarding Claim 26:
Modified Kuang discloses the plug as in claim 20.
Kuang fails to explicitly disclose wherein the anchor rod is locked to the coupler.
Espinosa teaches a concrete coupler (Abstract), wherein the anchor rod is locked to the coupler (the anchor rod 156 is threaded into and thereby locked to the coupler 160; Para. [0079]).
It would have been obvious to one of ordinary skill in the art before the priority date to modify Kuang such that the anchor rod is locked to the coupler as taught by Espinosa.
The motivation being to assist in securing a load to a concrete foundation (Para. [0079]).
Regarding Claim 27:
Modified Kuang discloses the plug as in claim 20.
Kuang fails to explicitly disclose wherein the first threaded end opening has a diameter different from a diameter of the second threaded end opening.
Espinosa teaches a concrete coupler (abstract), wherein the first threaded end opening has a diameter different from a diameter of the second threaded end opening (the coupler bore 170 is larger than the bore 168; Fig. 22; Para. [ 0081]).
It would have been obvious to one of ordinary skill in the art before the priority date to modify Kuang such that the first threaded end opening has a diameter different from a diameter of the second threaded end opening as taught by Espinosa.
The motivation being to facilitate the use of larger tic rods for supporting large loads (Para. [0081]).
Regarding Claim 28:
Modified Kuang discloses the plug as in claim 25.
Kuang fails to explicitly disclose wherein the bottom end of the plug portion is disposed above the sight hole.
Espinosa teaches a concrete coupler (abstract), wherein the bottom end of the plug portion is disposed above the sight hole (the top bore 170 being larger than the bottom bore 168, a plug inserted to fill the top bore as in Kuang, will be disposed above the sight hole in the bottom bore; Figs. 21-23; Para. [0081]; Kuang Figs. 1, 2).
It would have been obvious to one of ordinary skill in the art before the priority date to modify Kuang such that the bottom end of the plug portion is disposed above the sight hole as taught by Espinosa.
The motivation being to assist in securing a load to a concrete foundation (Para. [0079]).
Regarding Claim 29:
Modified Kuang discloses the plug as in claim 25.
Kuang fails to explicitly disclose wherein the top end of the anchor rod is disposed even with or past a top part of the sight hole.
Espinosa teaches a concrete coupler (abstract), wherein the top end of the anchor rod is disposed even with or past a top part of the sight hole (the anchor rod 156 disposed even with or past the sight hole 180 to ensure sufficient thread engagement; Para. [0081]).
It would have been obvious to one of ordinary skill in the art before the priority date to modify Kuang such that the top end of the anchor rod is disposed even with or past a top part of the sight hole as taught by Espinosa.
The motivation being to ensure sufficient thread engagement, and therefore sufficient strength of the anchor (Para. [0081]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRENT W HERRING whose telephone number is (571)270-3661. The examiner can normally be reached Monday-Thursday 7:30a-6:00p MT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Glessner can be reached at (571)272-6754. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRENT W HERRING/Primary Examiner, Art Unit 3633
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