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 .
Drawings
The drawings are objected to because:
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “attachment portion” and “attachment point” claim 1 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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
Claim 1 line 5 recites “a swivel mechanism disposed at a first side of the joist girder”; this recitation positively recites and requires the joint girder in order to establish its “first side”, previous recited only in intended use form in the preamble of the claim, it is now required and being examined as combination “joist anchor” and “joist girder”. The same interpretation is assigned to similar recitations throughout the claim set.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: the “attachment portion” and “attachment point” lacks antecedent basis in the specification.
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.
Claims 1-9 are rejected under 35 U.S.C. 103 as being unpatentable over Siemienowicz, US (2010/0187040) in view of Tsui, US (4641986).
In regards to claim 1 Siemienowicz discloses:
A joist anchor (400, 300, 200, 2100, 2200; fig. 21) for a joist girder (1900; fig. 21; intended use) having left and right members (intended use; two halves of 1900; as shown in fig. 21), the joist anchor comprising:
a ring (400/401; fig. 21) having a ring portion (401) formed as an enclosed ring (400 described as “circular plate” and 401 described as “ring”) and an attachment portion (2100);
a U-channel (200) having a planar horizontal portion (see annotated drawings) and two planar vertical portions (see annotated drawings) extending from opposite ends of the planar horizontal portion (see annotated drawings), wherein the planar horizontal portion is structured to directly abut against a second side (bottom side of 1900) of the joist girder opposite the first side of the joist girder (as the two vertical downward legs of 1900 are received within the channel 200, as shown in fig. 21 and also as shown in assembled configuration of figs. 15, 17); and
a bolt (steel bolt 300) structured to extend through the swivel mechanism, a gap between the left and right members of the joist girder (gap between two halves of 1900, and 300 passes through; as shown in assembled configuration of figs. 15, 17), and the U-channel (through channel 200; as shown as example in cross section fig. 14 of a different embodiment).
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In regards to claim 1 Siemienowicz does not disclose a swivel mechanism ... attached to the attachment portion of the ring at an attachment point, wherein the swivel mechanism is structured to permit the ring to swivel about a central axis of the swivel mechanism.
Tsui teaches a swivel mechanism (12) disposed at a first side of the joist girder (top side once taught onto joist girder of Siemienowicz) and attached to the attachment portion (equivalent to 22) of the ring at an attachment point (connection point between 30/31 and 10), wherein the swivel mechanism is structured to permit the ring to swivel about a central axis (vertical axis passing through centers of 14, 12, 18; fig. 4) of the swivel mechanism and to pivot about the attachment point (pivot about axis passing through 30, 31; figs. 2, 4).
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Therefore, before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to substitute the ring assembly of Siemienowicz with the ring assembly utilizing the swivel mechanism of Tsui for the predictable result with reasonable expectation of success i.e., to provide for a rotating ring that provides easy attachment/anchoring access for workers to anchor their harnesses where two workers (abstract; Siemienowicz) can rotate the ring to where it is easiest to attach their harness. The modification above subsequently teaches the bolt structured to extend through the swivel mechanism (in the manner 14 extends through 22, 12, 19; Tsui).
In regards to claim 2 Tsui teaches the swivel mechanism is structured to permit the ring to swivel in a range of 360° about the central axis of the swivel mechanism and to pivot in a range of 180° about the attachment point (as described in Col 2; LL 21-30; see highlighted excerpt below).
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In regards to claim 3 Siemienowicz as modified by Tsui teaches a plate load spreader (19; Tsui) structured to be disposed between the swivel mechanism and the first side of the joist girder and directly abut against both the swivel mechanism (12; Tsui) and the first side of the joist girder (top 1900; Siemienowicz; once swivel mechanism of Tsui is taught onto Siemienowicz), wherein the bolt is structured to extend through the swivel mechanism, the plate spreader, the gap between the left and right members of the joist girder, and the U-channel (fig. 21; Siemienowicz and fig. 2; Tsui once swivel mechanism of Tsui is taught onto Siemienowicz).
In regards to claim 4 Siemienowicz as modified by Tsui teaches the plate load spreader (19; Tsui) is structured to span the gap between the left and right members of the joist girder (once Siemienowicz is modified by Tsui as described above), and wherein a first portion of the plate load spreader (left side of 19) is structured to abut against the left member of the joist girder (once taught onto Siemienowicz) and a second portion (right portion of 19) of the plate load spreader is structured to abut against the right member of the joist girder (once taught onto Siemienowicz).
In regards to claim 5 Siemienowicz as modified by Tsui teaches the plate load spreader has a circular shape (circular shape of 19; Tsui).
In regards to claim 6 Siemienowicz discloses a nut (304; fig. 21) structured to receive the bolt (300) and secure the joist anchor to the joist girder (fig. 15).
In regards to claim 7, examiner takes Official Notice that nylon lock nuts are old and well-known in the art, it is provided that before the effective filling date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to utilize a nylon lock nut in place of the stainless-steel nut of Siemienowicz for the known advantages of nylon lock nut over stainless steel i.e., provide superior resistance to loosening from heavy vibration, being less expensive to manufacture and corrosion resistant.
In regards to claim 8 Siemienowicz discloses a washer (lock washer 305, washer 303) structured to receive the bolt and directly abut against the U-channel (303 directly abuts 200), wherein the nut (304) is structured to directly abut against the washer to secure the joist anchor to the joist girder (fig. 21).
In regards to claim 9 (in case the lock washer of Siemienowicz turns out to not be a split lock washer), examiner takes Official Notice that split lock washers are old and well-known in the art, it is provided that before the effective filling date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to utilize a split lock washer for either one or both the washer and/or the lock washer of Siemienowicz for the known advantages of split lock washers i.e., provide continuous tension and friction against fastener threads, which helps to absorb shock and resist accidental unlocking.
Claims 11-16 are rejected under 35 U.S.C. 103 as being unpatentable over Siemienowicz, US (2010/0187040) in view of Tsui, US (4641986).
In regards to claim 11 Siemienowicz discloses:
A joist anchor (400, 300, 200, 2100, 2200; fig. 21) for a joist girder (1900; fig. 21; intended use) having left and right members (intended use; two halves of 1900; as shown in fig. 21), the joist anchor comprising:
a ring (400/401; fig. 21) having a ring portion (401) formed as an enclosed ring (400 described as “circular plate” and 401 described as “ring”) and an attachment portion (2100);
a plate load spreader (2120);
a U-channel (200) structured to directly abut (as shown in fig. 21) against a second side (bottom side of 1900) of the joist girder opposite the first side (top side of 1900) of the joist girder; and
a fastening mechanism (steel bolt 300) structured to attach the joist anchor to the joist girder (as shown in fig. 21).
In regards to claim 11 Siemienowicz does not disclose a swivel mechanism ... attached to the attachment portion of the ring at an attachment point, wherein the swivel mechanism is structured to permit the ring to swivel about a central axis of the swivel mechanism.
Tsui teaches a swivel mechanism (12) disposed at a first side of the joist girder (top side once taught onto joist girder of Siemienowicz) and attached to the attachment portion (equivalent to 22) of the ring at an attachment point (connection point between 30/31 and 10), wherein the swivel mechanism is structured to permit the ring to swivel about a central axis (vertical axis passing through centers of 14, 12, 18; fig. 4) of the swivel mechanism and to pivot about the attachment point (pivot about axis passing through 30, 31; figs. 2, 4).
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Therefore, before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to substitute the ring assembly of Siemienowicz with the ring assembly utilizing the swivel mechanism of Tsui for the predictable result with reasonable expectation of success i.e., to provide for a rotating ring that provides easy attachment/anchoring access for workers to anchor their harnesses where two workers (abstract; Siemienowicz) can rotate the ring to where it is easiest to attach their harness. The modification above subsequently teaches the plate load spreader (2120; Siemienowicz equivalent to 19; Tsui) structured to be disposed between the swivel mechanism and the first side of the joist girder (once taught onto the structure of Siemienowicz) and directly abut against both the swivel mechanism (12; Tsui) and the first side of the joist girder (bottom side of 1900; Siemienowicz).
In regards to claim 12 Siemienowicz discloses the fastening mechanism includes: a bolt (steel bolt 300) structured to extend through the swivel mechanism, a gap between the left and right members of the joist girder (gap between two halves of 1900, and 300 passes through; as shown in assembled configuration of figs. 15, 17), the plate load spreader (as shown in fig. 21) and the U-channel (through channel 200; as shown as example in cross section fig. 14 of a different embodiment); and a nut (304; fig. 21) structured to receive the bolt (300) and attach the joist anchor to the joist girder (fig. 15).
In regards to claim 13 Siemienowicz discloses a washer (lock washer 305, washer 303) structured to receive the bolt and directly abut against the U-channel (fig. 21), wherein the nut (304) is structured to directly abut against the washer to attach the joist anchor to the joist girder (fig. 21).
In regards to claim 14 Siemienowicz discloses the left and right members of the joist girder are each L-shaped (the two halves of 1900; as shown in fig. 21) with a vertical portion (vertical portion of each half of 1900; fig. 21) and a horizontal portion (horizontal portion of each half of 1900; fig. 21), wherein the horizontal portions are disposed at the first side of the joist girder (top side) and extend away from each other (fig. 21), and wherein the vertical portions extend in parallel with each other from the first side to the second side of the joist girder (bottom side) to form a gap (see annotated drawings below) between the left and right members of the joist girder (as shown in annotated drawings below).
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In regards to claim 15 Siemienowicz discloses the plate load spreader is structured to directly abut (as shown in fig. 21) against the horizontal portions of the left and right members of the joist girder (as shown in fig. 21).
In regards to claim 16 Siemienowicz discloses the U-channel (200) includes a planar horizontal portion (see annotated drawings) and two planar vertical portions (see annotated drawings) extending from opposite ends of the planar horizontal portion (see annotated drawings), wherein the planar horizontal portion of the U-channel is structured to abut against the second side (bottom side) of the joist girder (1900), and wherein the planar vertical portions of the U-channel are structured to extend along outside portions of the heights of the vertical portions of the left and right members of the joist girder (as shown in assembled configuration of figs. 15, 17).
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Claims 10 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Siemienowicz and Tsui as applied to claim 1 and 11 respectively above, and further in view of Carrillo, US (2019/0001166).
In regards to claims 10 and 17 Siemienowicz and Tsui do not teach the joist anchor has a static strength of at least 5000 lbs.
Carrillo teaches the joist anchor has a static strength of at least 5000 lbs. (as described in paragraph [0022]; see highlighted excerpt below).
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Therefore, before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to design/manufacture the anchor of Siemienowicz to have a static strength of at least 5000 lbs. as taught by Carrillo for the predictable result with reasonable expectation of success i.e., to provide to enough strength to with stand sudden falls especially from two workers and to be in compliance with OSHA rules as suggested by Carrillo above.
Claims 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Siemienowicz, US (2010/0187040) in view of Tsui, US (4641986).
In regards to claim 18 Siemienowicz discloses:
A joist anchor (400, 300, 200, 2100, 2200; fig. 21) for a joist girder (1900; fig. 21; intended use) having left and right members (intended use; two halves of 1900; as shown in fig. 21), the joist anchor comprising:
a ring (400/401; fig. 21) having a ring portion (401) formed as an enclosed ring (400 described as “circular plate” and 401 described as “ring”) and an attachment portion (2100);
a fastening mechanism (300, 200, 303, 304, 305) structured to attach the joist anchor to the joist girder (as shown in fig. 21).
In regards to claim 18 Siemienowicz does not disclose a swivel mechanism ... attached to the attachment portion of the ring at an attachment point, wherein the swivel mechanism is structured to permit the ring to swivel about a central axis of the swivel mechanism.
Tsui teaches a swivel mechanism (12) disposed at a first side of the joist girder (top side once taught onto joist girder of Siemienowicz) and attached to the attachment portion (equivalent to 22) of the ring at an attachment point (connection point between 30/31 and 10), wherein the swivel mechanism is structured to permit the ring to swivel about a central axis (vertical axis passing through centers of 14, 12, 18; fig. 4) of the swivel mechanism and to pivot about the attachment point (pivot about axis passing through 30, 31; figs. 2, 4).
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Therefore, before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to substitute the ring assembly of Siemienowicz with the ring assembly utilizing the swivel mechanism of Tsui for the predictable result with reasonable expectation of success i.e., to provide for a rotating ring that provides easy attachment/anchoring access for workers to anchor their harnesses where two workers (abstract; Siemienowicz) can rotate the ring to where it is easiest to attach their harness
In regards to claim 19 Siemienowicz as modified by Tsui teaches the fastening mechanism (300, 200, 303, 304, 305) includes: a U-channel (200) structured to directly abut (fig. 21) against a second side (bottom side of 1900) of the joist girder opposite the first side of the joist girder (top side of 1900); a bolt (300) structured to extend through the swivel mechanism (once swivel mechanism of Tsui is taught as described above and in the same manner bolt 14 passes through swivel 12 of Tsui), a gap (see annotated drawings below) between the left and right members of the joist girder (as shown in annotated drawings below), and the U-channel; a nut (304) structured to receive the bolt (fig. 21); and a washer (lock washer 305, washer 303) structured to receive the bolt and directly abut against the U-channel (fig. 21), wherein the nut is structured to directly abut against the washer (305 directly abuts 304) to attach the joist anchor to the joist girder (fig. 21).
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In regards to claim 20 Tsui teaches the swivel mechanism is structured to permit the ring to swivel in a range of 360° about the central axis of the swivel mechanism and to pivot in a range of 180° about the attachment point (as described in Col 2; LL 21-30; see highlighted excerpt below).
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Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please refer to PTO-892 form for list of cited reference.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHIREF M MEKHAEIL whose telephone number is (571)270-5334. The examiner can normally be reached 10-7 Mon-Fri.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Daniel Cahn can be reached at 571-270-5616. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/S.M.M/Examiner, Art Unit 3634
/DANIEL P CAHN/Supervisory Patent Examiner, Art Unit 3634
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