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 .
Status of the Claims
Claims 1-20 are pending in the application.
Drawings
The drawings are objected to because of the following informalities:.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description:
ref. no “10” (see Fig. 1).
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description:
“back surface 216” (see at least parag. [0056]).
“outer vertical side surface 82 of the first concrete slab 80” (see at least parag. [0060])
“stop surface 372” (see at least parags. [0062] and [0063])
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Interpretation – Functional Language
From the outset, it should be noted that some of the language in the claims is functional in nature. For example, in the following language is functional in nature and limited patentable weight is given to this section of the claim:
The language related to a “first concrete slab” and a “second concrete slab” throughout the claims
The language related to a “tie bar” in claims 1, 7, and 19-20 [By contrast, in claim 10 the “tie bar” is positively claimed as part of the claimed “tie bar assembly”]
The language related to a “tie bar insert” in claims 11-15 [By contrast, in claims 1-10 the “tie bar insert” is positively claimed as part of the claimed “tie bar assembly”]
The language related to a “concrete form” in claims 11 and 16
Additionally, Examiner notes that while features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. Apparatus claims cover what a device is, not what a device does and thus, a prior art device must only be capable of performing the stated function in order to read on the functional limitation. In this instance, the prior art discloses every structural limitation of the claim and thus this limitation fails to distinguish the claimed apparatus from that of the prior art. Please see MPEP 2114.
[Examiner notes that this section of the Office Action does not constitute a rejection or objection, but is merely meant to indicate the manner in which the claims have been interpreted by the Examiner.]
Claim Objections
Claims 3 and 12 are objected to because of the following informalities: Appropriate correction is required.
Re Claims 3 and 12: The body of each of these claims should be amended to read -- wherein the receiver includes a front boss and a rear boss.--
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 5-9 and 19-20 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.
Re Claim 5: Claim 5 recites the limitation "the tie bar receiving opening" in line 2. There is insufficient antecedent basis for this limitation in the claim.
For examination purposes, for this Office Action only, the Examiner will interpret this limitation as referring to the “tie bar insert receiving opening.”
Clarification and correction are required.
Re Claims 6-9: These claims are considered indefinite because of their dependency from indefinite claim 5.
Re Claim 19: Claim 19 recites the limitation "the tie bar" in line 2. There is insufficient antecedent basis for this limitation in the claim.
For examination purposes, for this Office Action only, the Examiner will interpret this limitation as --a tie bar--.
Clarification and correction are required.
Re Claim 20: This claim is considered indefinite because of its dependency from indefinite claim 19.
Examiner notes that any prior art rejections made in this Office Action are made in view of the claims, as best understood by the Examiner, in view of the above indefiniteness rejections.
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 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gregel (US Patent 6,925,773).
Re Claim 1: Gregel discloses a tie bar assembly (for example, see Fig. 13) for a first concrete slab and a second concrete slab (see note above related to these functional recitations), the tie bar assembly comprising:
a tie bar sleeve (190); and
a tie bar insert (spring finger washers 205-210 and 236-241; Examiner notes that each spring finger washer individually can be considered the “tie bar insert” or, alternatively, the spring finger washers collectively, in combination, can be considered the “tie bar insert”) insertable in the tie bar sleeve (190), the tie bar insert configured to receive a tie bar (for example, as shown for reinforcing bar 225),
wherein a portion of the tie bar sleeve, the tie bar insert, and the tie bar are configured to be positioned in the first concrete slab (see note above related to this functional recitation), and
wherein at least a portion of a remainder of the tie bar sleeve, the tie bar insert, and the tie bar are configured to be positioned in the second concrete slab (see note above related to this functional recitation).
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Re Claim 2: Gregel discloses a tie bar assembly (for example, see Fig. 13), wherein the tie bar sleeve (190) includes a receiver (192) configured to receive the tie bar insert (spring finger washers 205-210 and 236-241).
Re Claim 3: Gregel discloses a tie bar assembly (for example, see Fig. 13), wherein the receiver (192) includes a front boss (for example, the portion of sleeve 192 on the second end 224 of the stop disc 223) and a rear boss (for example, the portion of sleeve 192 on the first end 193 of the stop disc 223).
Re Claim 4: Gregel discloses a tie bar assembly (for example, see Fig. 13), wherein the receiver (192) defines a tie bar insert receiving opening (194).
Re Claim 5, as best understood by the Examiner: Gregel discloses a tie bar assembly (for example, see Fig. 13), wherein the tie bar sleeve (190) is configured to secure the tie bar insert (spring finger washers 205-210 and 236-241) within the tie bar insert receiving opening (194).
Re Claim 6: Gregel discloses a tie bar assembly (for example, see Fig. 13), wherein the tie bar insert (spring finger washers 205-210 and 236-241) defines a tie bar receiving opening (the central opening of spring finger washers 205-210 and 236-241; see Fig. 8, showing the details of spring finger washer 36).
Re Claim 7: Gregel discloses a tie bar assembly (for example, see Fig. 13), wherein the tie bar insert (spring finger washers 205-210 and 236-241) is configured to secure the tie bar (for example, as show for reinforcing bar 225) within the tie bar receiving opening.
Re Claim 8: Gregel discloses a tie bar assembly (for example, see Fig. 13), wherein the tie bar sleeve (190) includes inwardly extending ribs (at wedge grooves 211-213, 270-272 and the edges formed at interior grooves 198-203, 230-235) configured to secure the tie bar insert within the tie bar insert receiving opening.
Re Claim 9: Gregel discloses a tie bar assembly (for example, see Fig. 13), wherein the tie bar insert (spring finger washers 205-210 and 236-241) includes inwardly extending ribs (at inwardly projecting portions shown at 153, 154 of inwardly projecting reinforced fingers 126-133; see Figs. 8 and 10) configured to secure the tie bar (for example, as show for reinforcing bar 225) within the tie bar receiving opening.
Re Claim 10: Gregel discloses a tie bar assembly (for example, see Fig. 13), which includes the tie bar (225).
Re Claim 11: Gregel discloses a tie bar assembly (for example, see Fig. 13) for a first concrete slab and a second concrete slab (see note above related to these functional recitations), the tie bar assembly comprising:
a tie bar sleeve (190) including:
an attaching wall (118) configured to be attached to a concrete form (not shown); and
a receiver (192) configured to receive a tie bar insert (for example, as shown for spring finger washers 205-210 and 236-241) insertable into the tie bar sleeve.
Re Claim 12: Gregel discloses a tie bar assembly (for example, see Fig. 13), wherein the receiver (192) includes a front b boss (for example, the portion of sleeve 192 on the second end 224 of the stop disc 223) and a rear boss (for example, the portion of sleeve 192 on the first end 193 of the stop disc 223).
Re Claim 13: Gregel discloses a tie bar assembly (for example, see Fig. 13), wherein the receiver (192) defines a tie bar insert receiving opening (194).
Re Claim 14: Gregel discloses a tie bar assembly (for example, see Fig. 13), which is configured to secure the tie bar insert (for example, as shown for spring finger washers 205-210 and 236-241) within the tie bar insert receiving opening (194).
Re Claim 15: Gregel discloses a tie bar assembly (for example, see Fig. 13), which includes inwardly extending ribs (at wedge grooves 211-213, 270-272 and the edges formed at interior grooves 198-203, 230-235) configured to secure the tie bar insert (for example, as shown for spring finger washers 205-210 and 236-241) within the tie bar insert receiving opening (140).
Re Claim 16: Gregel discloses a tie bar assembly (for example, see Fig. 13), wherein the attaching wall (218) includes a locator (for example, holes 219, which can be used secure fasteners at a hole in a concrete form) configured to locate the tie bar sleeve relative to a hole in the concrete form (not shown).
Re Claim 17: Gregel discloses a tie bar assembly (for example, see Fig. 13) for a first concrete slab and a second concrete slab (see note above related to these functional recitations), the tie bar assembly comprising
a tie bar sleeve (190); and
a tie bar insert (spring finger washers 205-210 and 236-241; Examiner notes that each spring finger washer individually can be considered the “tie bar insert” or, alternatively, the spring finger washers collectively, in combination, can be considered the “tie bar insert”) insertable in the tie bar sleeve, the tie bar insert including:
a top wall (for example, a top surface of the spring finger washers; see annotated Fig. 8 below);
a first side wall (for example, a left-hand side surface of the spring finger washers);
a bottom wall (for example, a bottom surface of the spring finger washers); and
a second side wall (for example, a right-hand surface of the spring finger washers),
wherein the top wall, the first side wall, the bottom wall, and the second side wall are insertable into and securable within a receiver (192) of the tie bar sleeve (190).
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Re Claim 18: Gregel discloses a tie bar assembly (for example, see Fig. 13), wherein the insert (spring finger washers 205-210 and 236-241) defines a tie bar receiving opening (the central opening of spring finger washers 205-210 and 236-241; see Fig. 8, showing the details of spring finger washer 36).
Re Claim 19, as best understood by the Examiner: Gregel discloses a tie bar assembly (for example, see Fig. 13), where the insert (spring finger washers 205-210 and 236-241) is configured to secure a tie bar (for example, as shown for reinforcing bar 225) within the tie bar receiving opening.
Re Claim 20: Gregel discloses a tie bar assembly (for example, see Fig. 13), wherein the insert (spring finger washers 205-210 and 236-241) includes inwardly extending ribs (at inwardly projecting portions shown at 153, 154 of inwardly projecting reinforced fingers 126-133; see Figs. 8 and 10) configured to secure the tie bar (for example, as shown for reinforcing bar 225) within the tie bar receiving opening.
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 MATTHEW R MCMAHON whose telephone number is (571)270-3067. The examiner can normally be reached Mon-Fri 9am-5pm.
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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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/MATTHEW R MCMAHON/Primary Examiner, Art Unit 3678
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