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 Claims
Claims 1-4, 6-30 as filed on 08/28/2026 are pending and herewith considered as indicated below. Claim 5 has been cancelled as of 08/28/2026.
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.
1. Claims 2-18, 20-29 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.
In regards to Claims 2-18 and 19-29, “the frame members” as used throughout lacks proper antecedent basis. It appears “the frame member” is intended to recite “the plurality of frame members”
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.
2. Claim(s) 19-20, and 28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Getz (US 20180266100 A1) in view of Robert Ian Dobson (GB 2256211 A)(Herein Dobson)
In regards to Claim 19, Getz discloses
A method [0005, 0007] of constructing a riser aperture [Unnumbered, Fig 1] (see examiners comment) in a floor [0040], the method [0005, 0007] comprising surrounding [Fig 1, Showing Surrounding] the riser aperture [Unnumbered, Fig 1] (see examiners comment) with a plurality of frame members [Unnumbered, Figs 1-2] (see examiners comment) forming a rectilinear frame [As shown in Fig 1-2] which is adapted to exclude settable material [Figs 1-19, showing constructed without settleable material] from the riser aperture [Unnumbered, Fig 1] (see examiners comment), wherein each frame member (Unnumbered, Figs 1-2] (see examiners comment) comprises
a channel [Unnumbered, Figs 1-2] (see examiners comments) having an axis [Fig 6, Showing Axis] and a channel opening (146) [Fig 9], the channel [Unnumbered, Figs 1-2] (see examiners comments) comprising an outer wall [Unnumbered, Fig 6] (see examiners comments) connected to upper and lower channel walls (136, 138) [Fig 7], wherein the upper and lower channel walls (136, 138) [Fig 7] extend between the outer wall [Unnumbered, Fig 6] (see examiners comments) and the channel opening (146) [Fig 9];
the method [0005, 0007] further comprising:
connecting a joist (106) [Figs 1 and 7] across the riser aperture [Unnumbered, Fig 1] (see examiners comment) by connecting the joist (106) [Figs 1 and 7] into the channel opening (146) [Fig 9] by at least one fixing (102) [Fig 4], wherein the fixing (102) [Fig 4] is slidable within the channel [Unnumbered, Figs 1-2] (see examiners comments) when connected to the joist (106) [Figs 1 and 7];
and adjusting [0052, discloses adjusting the fixing, which is connected to the joist] the position of the joist (106) [Figs 1 and 7] by sliding the joist (106) [Figs 1 and 7] axially along the channel [Unnumbered, Figs 1-2] (see examiners comments).
However, Getz fails to disclose
upper and lower shutters connected to the channel, wherein the upper and lower
shutters are in a common plane with the channel opening on the same side of the frame
member as the channel opening, and where the common plane is parallel to a plane of the
outer wall of the channel;
Furthermore,
Dobson discloses
upper and lower shutters (12, 12a/12b) [Fig 1] connected [“The channel member 16 is welded to the two plates 12a,b at respective shoulders 18a,b so as to form a bridge between the two plates 12a,b”] to the channel [Unnumbered, Figs 1-2, Getz] (see examiners comments),
Based on the prior art relied upon above, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the riser assembly by Getz to further include upper and lower shutters connected to the channel, as disclosed by Dobson. When modified, the upper and lower shutters facilitate support and containment of the settleable material (i.e., concrete) as disclosed by Dobson [See Translated Document Page 2/14, ”As the concrete is poured, it is supported and contained by the base plate 10 and the edge barrier 12.”]
However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify upper and lower shutters of Dobson to be rearranged to align in the common plane as the wall channel opening, wherein the a common plane is parallel to a plane of the outer wall of the channel in order to facilitate alignment and close any protentional openings for concrete to pour in. When modified, the top and lower shutters (12a/b) would be welded to the channel (18a/18b), along the same plane instead of offset, since Dobson discloses connection by welding [Translated Document, Page 2/14, “The channel member 16 is welded to the two plates 12a,b at respective shoulders 18a,b so as to form a bridge between the two plates 12a,b.”] It has been held that rearrangement of parts is considered within the level of ordinary skill in the art. In re Japikse, 181 F.2d 1019.
In regards to Claim 20, Getz discloses
The method [0005, 0007] as claimed in claim 19, wherein after the step of adjusting [0052, discloses adjusting the fixing, which is connected to the joist] the position of the joist (106) [Figs 1 and 7] by sliding the joist (106) [Figs 1 and 7] axially along the channel [Unnumbered, Figs 1-2] (see examiners comments), a position of the fixing (102) [Fig 4] in the channel [Unnumbered, Figs 1-2] (see examiners comments) is locked by tightening the fixing (102) [Fig 4] when the joist (106) [Figs 1 and 7] is in the desired location relative to the axis [Fig 6, Showing Axis] of the channel [Unnumbered, Figs 1-2] (see examiners comments).
In regards to Claim 28, Getz discloses
The method [0005, 0007] as claimed in claim 19, including connecting at least one frame member (Unnumbered, Figs 1-2] (see examiners comment) across the riser aperture [Unnumbered, Fig 1] (see examiners comment) by a fixing (102) [Fig 4] permitting sliding of the frame member (Unnumbered, Figs 1-2] (see examiners comment) relative to the channel [Unnumbered, Figs 1-2] (see examiners comments) when the two are connected [Fig 1].
3. Claims 1, 6-11, 13-16, 19-21, 27-29 are rejected under 35 U.S.C. 103 as being unpatentable over Getz (US 20180266100 A1) in view of Robert Ian Dobson (GB 2256211 A)(Herein Dobson) and Jugurtha Kessi (EP 1860251 A1)(Herein Kessi)
In regards to Claim 1, Getz discloses
A riser assembly (100) [Abstract] [Figs 1-20] for the construction of a riser aperture [Unnumbered, Fig 1] (see examiners comment) the riser assembly (100) [Abstract] [Figs 1-20] comprising:
a plurality of frame members (Unnumbered, Figs 1-2] (see examiners comment) forming a rectilinear frame [Figs 1-2] which defines the riser aperture (100) [Abstract] [Figs 1-20] and which is adapted [As disclosed in the below, under Dobson] to exclude settable material [Figs 1-19, showing constructed without settleable material] from the riser aperture [Unnumbered, Fig 1] (see examiners comment), wherein each frame member (Unnumbered, Figs 1-2] (see examiners comment) comprising
a channel [Unnumbered, Figs 1-2] (see examiners comments) having an axis [Fig 6, Showing Axis] and a channel opening (146) [Fig 9], the channel [Unnumbered, Figs 1-2] (see examiners comments) comprising an outer wall [Unnumbered, Fig 6] (see examiners comments) connected to upper (136) [Fig 7] and lower (136) [Fig 7] channel walls (136, 138) [Fig 7] wherein the upper and lower channel walls (136, 138) [Fig 7] extend [Fig 7, Showing Extending] between the outer wall [Unnumbered, Fig 6] (see examiners comments) and the channel opening (146) [Fig 9]; and
a joist (106) [Figs 1 and 7] adapted to span at least a part of the riser aperture [Unnumbered, Fig 1] (see examiners comment); and
a fixing (102) [Fig 4] adapted to connect the joist (106) [Figs 1 and 7] to the channel [Unnumbered, Figs 1-2] (see examiners comments), wherein the fixing (102) [Fig 4] is adapted to slide axially [0052] within the channel [Unnumbered, Figs 1-2] (see examiners comments) when connected to the joist (106) [Figs 1 and 7].
However, Getz fails to disclose the construction of a riser aperture in a cast floor.
upper and lower shutters connected to the channel, wherein the upper and lower
shutters are in a common plane with the channel opening on the same side of the frame
member as the channel opening, and where the common plane is parallel to a plane of the
outer wall of the channel;
Furthermore, Kessi discloses
the construction of a riser aperture [Unnumbered, Fig 1, Getz] (see examiners comment) in a cast floor (1) [Fig 1].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the riser assembly as disclosed by Getz to include the construction of a riser aperture in a cast floor as disclosed by Kessi. When modified, the cast floor allows for versatility while using the riser assembly, allowing for a person of ordinary skill to use the riser assembly for any use.
Furthermore,
Dobson discloses
upper and lower shutters (12, 12a/12b) [Fig 1] connected [“The channel member 16 is welded to the two plates 12a,b at respective shoulders 18a,b so as to form a bridge between the two plates 12a,b”] to the channel [Unnumbered, Figs 1-2, Getz] (see examiners comments),
Based on the prior art relied upon above, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the riser assembly by Getz to further include upper and lower shutters connected to the channel, as disclosed by Dobson. When modified, the upper and lower shutters facilitate support and containment of the settleable material (i.e., concrete) as disclosed by Dobson [See Translated Document Page 2/14, “As the concrete is poured, it is supported and contained by the base plate 10 and the edge barrier 12.”]
However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify upper and lower shutters of Dobson to be rearranged to align in the common plane as the wall channel opening, wherein the a common plane is parallel to a plane of the outer wall of the channel in order to facilitate alignment and close any protentional openings for concrete to pour in. When modified, the top and lower shutters (12a/b) would be welded to the channel (18a/18b), along the same plane instead of offset, since Dobson discloses connection by welding [Translated Document, Page 2/14, “The channel member 16 is welded to the two plates 12a,b at respective shoulders 18a,b so as to form a bridge between the two plates 12a,b.”] It has been held that rearrangement of parts is considered within the level of ordinary skill in the art. In re Japikse, 181 F.2d 1019.
In regards to Claim 6, Getz discloses
The riser assembly (100) [Abstract] [Figs 1-20] as claimed in claim 1, wherein the channel [Unnumbered, Figs 1-2] (see examiners comments) has lips (140,142) [Fig 6] extending [Fig 6] between the upper and lower channel walls (136, 138) [Fig 7] and the channel opening (146) [Fig 9], and wherein the lips (140,142) [Fig 6] are in a common plane [Fig 6] with the channel opening (146) [Fig 9].
In regards to Claim 7, Getz discloses
The riser assembly (100) [Abstract] [Figs 1-20] as claimed in claim 1, wherein the fixing (102) [Fig 4] is selectively lockable [0055, 0064] in the channel [Unnumbered, Figs 1-2] (see examiners comments).
In regards to Claim 8, Getz discloses
The riser assembly (100) [Abstract] [Figs 1-20] as claimed in claim 7 wherein the fixing (102) [Fig 4] can be inserted [Figs 6 and 7] into the channel [Unnumbered, Figs 1-2] (see examiners comments) in a first configuration [Fig 10, Showing First Configuration], and while in the channel [Unnumbered, Figs 1-2] (see examiners comments) can then shift [Fig 10, Showing “D3” rotation] to a second configuration [0059] in which the fixing (102) [Fig 4] is locked [0055] in the channel [Unnumbered, Figs 1-2] (see examiners comments).
In regards to Claim 9, Getz discloses
The riser assembly (100) [Abstract] [Figs 1-20] as claimed in claim 8, wherein the fixing (102) [Fig 4] comprises an asymmetric locking member [0064, i.e., Bolts, Fastener facilitating locking element (102) in place] which can be rotated between the first and second configurations. [Fig 10, Showing First Configuration] [Fig 12, 0059, discussing second configuration]
In regards to Claim 10, Getz discloses
The riser assembly (100) [Abstract] [Figs 1-20] as claimed in claim 7, wherein the fixing (102) [Fig 4] comprises at least one outer wall (174) [Fig 12] arranged at the same angle [Fig 12, Showing Same Angle] as an inner surface [Fig 12, Inner Surface of 136 or 138] of at least one of the upper and lower channel walls (136, 138) [Fig 7], such that the at least one outer wall (174) [Fig 12] of the fixing (102) [Fig 4] engages the inner surface [Fig 12, Inner Surface of 136 or 138] of the at least one of the upper and lower channel walls (136, 138) [Fig 7] when the fixing (102) [Fig 4] is locked in the channel [Unnumbered, Figs 1-2] (see examiners comments) in the second configuration [Fig 12, 0059, discussing second configuration].
In regards to Claim 11, Getz discloses
The riser assembly (100) [Abstract] [Figs 1-20] as claimed in claim 1, wherein convergent sections [Unnumbered, Fig 6] (see examiners comment) of the upper and lower channel walls (136, 138) [Fig 7] are straight [Fig 7, Showing Straight].
In regards to Claim 13, Getz discloses
The riser assembly (100) [Abstract] [Figs 1-20] as claimed in claim 1, wherein the angle [Fig 6, Showing an angle] between the outer wall [Unnumbered, Fig 6] (see examiners comments) and the upper channel wall (136) [Fig 7] is the same [Fig 9, Both are the same Angle] as the angle [Fig 6, Showing an angle] between the outer wall [Unnumbered, Fig 6] (see examiners comments) and the lower channel wall (138) [Fig 7].
In regards to Claim 14, Getz discloses
The riser assembly (100) [Abstract] [Figs 1-20] as claimed in claim 1, wherein the joist (106) [Figs 1 and 7] spans between parallel sides [Fig 1] of the riser aperture [Unnumbered, Fig 1] (see examiners comment), and wherein at least one end of the joist (106) [Figs 1 and 7] is connected to the channel [Unnumbered, Figs 1-2] (see examiners comments) in at least one frame member (Unnumbered, Figs 1-2] (see examiners comment) by the fixing (102) [Fig 4] so that the joist (106) [Figs 1 and 7] is slidable relative [0052] to the channel [Unnumbered, Figs 1-2] (see examiners comments) at least at one end of the joist (106) [Figs 1 and 7].
In regards to Claim 15, Getz discloses
The riser assembly (100) [Abstract] [Figs 1-20] as claimed in claim 1, having at least first and second joists (106 and 104D) [Figs 1], wherein one end of a first joist (106) [Figs 1 and 7] is connected to the frame member (Unnumbered, Figs 1-2] (see examiners comment).
However, Getz fails to disclose the other end of the first joist is connected to a second joist.
Additionally, it would have been obvious one having ordinary skill in the art before the effective filing date of the claimed invention to modify Riser Assembly Frame of Getz to have an additional joist that is positioned perpendicular to the pervious joist in order to allow for connection between the second end of the joists, allowing for additional capacity for floor loading. In general, it has been held that the duplication of parts is considered within the level of ordinary skill in the art absent production of a new or unexpected result. In re Harza, 274 F.2d 669.
Additionally, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify frame member of Getz to have an increased size in order to allow facilitation of additional joists to allow for additional loading capacity. In general, a change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
In regards to Claim 16, Getz discloses
The riser assembly (100) [Abstract] [Figs 1-20] as claimed in claim 1. However, fails to disclose wherein the joist is formed from a composite material comprising a fibre and a settable material.
However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify joist of Getz to be made of fibre and a settable material in order facilitate procurement, as a fibre and settleable material composite is readily available. Since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. See also Ballas Liquidating Co. v. Allied industries of Kansas, Inc. (DC Kans) 205 USPQ 331.
In regards to Claim 21, Getz discloses
The method [0005, 0007] as claimed in claim 19, wherein the channel [Unnumbered, Figs 1-2] (see examiners comments) opening (146) [Fig 9] is accessible from the riser aperture [Unnumbered, Fig 1] (see examiners comment).
However, fails to disclose wherein the outer wall of the channel is cast in the settable material forming the floor surrounding the riser aperture.
Furthermore, Kessi discloses
and wherein the outer wall [Unnumbered, Fig 6, Getz] (see examiners comments) of the channel [Unnumbered, Figs 1-2, Getz] (see examiners comments) is cast [Fig 1] in the settable material (10) [Fig 1] forming the floor (1) [Fig 1] surrounding the riser aperture [Unnumbered, Fig 1, Getz] (see examiners comment).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of constructing a riser aperture as disclosed by Getz to include the outer wall of the channel is cast in the settable material forming the floor surrounding the riser aperture as disclosed by Kessi. When modified, casting the channel in the settleable material allows for construction a floor as intended by one of ordinary skill in the art.
In regards to Claim 27, Getz as modified discloses the method [0005, 0007] as claimed in claim 19. Kessi discloses including connecting the joist (106) [Figs 1 and 7] to the channel [Unnumbered, Figs 1-2] (see examiners comments) with more than one bracket (18) [Fig 2] at one end of the joist (106) [Figs 1 and 7].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of constructing a riser aperture as disclosed by Getz to include additional brackets as disclosed by Kessi. When modified, the additional brackets allow for securely fastening the joist to the channel, allowing for resistance to floor failure.
In regards to Claim 29, Getz discloses
The method [0005, 0007] as claimed in claim 28, including connecting first and second frame members (Unnumbered, Figs 1-2] (see examiners comment) across the riser aperture [Unnumbered, Fig 1] (see examiners comment) by a respective fixing (102) [Fig 4] on each frame member (Unnumbered, Figs 1-2] (see examiners comment) permitting sliding of the frame member (Unnumbered, Figs 1-2] (see examiners comment) relative to the channel [Unnumbered, Figs 1-2] (see examiners comments) when the two are connected;
adjusting relative positions [Via Fixing (102)] of the first and second frame members (Unnumbered, Figs 1-2] (see examiners comment) by sliding one of the first and second frame members (Unnumbered, Figs 1-2] (see examiners comment) axially along the channel [Unnumbered, Figs 1-2] (see examiners comments) to form a space between the first and second frame members (Unnumbered, Figs 1-2] (see examiners comment);
However, Getz fails to disclose casting a settable material into the space between the first and second frame members.
Furthermore, Kessi discloses casting a settable material (10) [Fig 1] into the space between the first and second frame members (Unnumbered, Figs 1-2, Getz] (see examiners comment).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method as disclosed by Getz to include casting a settable material into the space between the first and second frame members as disclosed by Kessi. When modified, casting the settable material into the space between the first and second frame members allows for casting a floor as intended.
4. Claims 2-4, and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Getz (US 20180266100 A1) in view of Robert Ian Dobson (GB 2256211 A)(Herein Dobson) and Jugurtha Kessi (EP 1860251 A1)(Herein Kessi) as applied to claim 1 above, and Buetler (US 20190210839)
In regards to Claim 2, Getz discloses
The riser assembly (100) [Abstract] [Figs 1-20] as claimed in claim 1, wherein first outer ends [Fig 7, Outer surface of elements 136 and 138] of the upper and lower channel walls (136, 138) [Fig 7] are connected to the outer wall [Unnumbered, Fig 6] (see examiners comments), and second inner ends [Fig 7, Inner surface of elements 136 and 138] of the upper and lower channel walls (136, 138) [Fig 7] are spaced from the outer wall [Unnumbered, Fig 6] (see examiners comments) and the first outer ends [Fig 7, Outer surface of elements 136 and 138]. However, fails to disclose wherein the spacing between the first outer ends of the upper and lower channel walls is greater than the spacing between the second inner ends of the upper and lower channel walls.
Furthermore, Buetler discloses
wherein the spacing [Fig 8] [0083] between the first outer ends [Fig 7, Outer surface of elements 136 and 138, Getz] of the upper and lower channel walls (136, 138, Getz) [Fig 7] is greater than the spacing [Fig 8] [0083] between the second inner ends [Fig 7, Inner surface of elements 136 and 138, Getz] of the upper and lower channel walls (136, 138, Getz) [Fig 7].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the channel as disclosed by Getz to include wherein the spacing between the first outer ends of the upper and lower channel walls is greater than the spacing between the second inner ends of the upper and lower channel walls as disclosed by Buetler. When modified, the spacing as disclosed above with all limitations allows for an additional fastening mechanism, which can couple to the fixing element.
In regards to Claim 3, Getz discloses as modified discloses
the riser assembly (100) [Abstract] [Figs 1-20] as claimed in claim 1.
Buetler discloses wherein the upper and lower channel walls (136, 138, Getz) [Fig 7] at least partially converge [Fig 6, Showing Converge, Getz] as they extend from the outer wall [Unnumbered, Fig 6, Getz] (see examiners comments) forming non-parallel [Fig 8] [0083] convergent sections [Unnumbered, Fig 6, Getz] (see examiners comment) of the upper and lower channel walls (136, 138, Getz) [Fig 7].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the riser assembly as disclosed by Getz to include the wherein the upper and lower channel walls at least partially converge as they extend from the outer wall forming non-parallel convergent sections of the upper and lower channel walls as disclosed by Buetler. When modified, the converging non parallel upper and lower channel walls allow for more of a secure attachment when the fixer is placed inside the channel.
In regards to Claim 4, Getz discloses
the riser assembly (100) [Abstract] [Figs 1-20] as claimed in claim 1. However, fails to disclose wherein a cross-section of the upper and lower channel walls and the outer wall has the form of a dovetail along a length of the channel.
Furthermore, Buetler discloses
wherein a cross-section of the upper and lower channel walls (136, 138, Getz) [Fig 7] and the outer wall [Unnumbered, Fig 6, Getz] (see examiners comments) has the form of a dovetail [Fig 8] [0083] along a length of the channel [Unnumbered, Figs 1-2, Getz] (see examiners comments).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the riser assembly as disclosed by Getz to include wherein the cross-section of the upper and lower channel walls and the outer wall has the form of a dovetail along a length of the channel as disclosed by Buetler. When modified, the dovetail cross section shape intends to create a resilient securing mechanism for the fastener (fixer) allowing for an additional securing mechanism for the fixer.
In regards to Claim 12, Getz as modified discloses
The riser assembly (100) [Abstract] [Figs 1-20] as claimed in claim 1.
Buetler discloses wherein the upper and lower channel walls (136, 138, Getz) [Fig 7] make an acute angle [Fig 8, Showing Acute Angle] with the outer wall [Unnumbered, Fig 6, Getz] (see examiners comments) of the channel [Unnumbered, Figs 1-2, Getz] (see examiners comments).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the riser assembly as disclosed by Getz to include wherein the upper and lower channel walls make an acute angle with the outer wall of the channel as disclosed by Buetler. When modified, the acute angel with all limitations allow for an additional securing mechanism for the fixer within the channel opening.
5. Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Getz (US 20180266100 A1) in view of Robert Ian Dobson (GB 2256211 A)(Herein Dobson), Jugurtha Kessi (EP 1860251 A1)(Herein Kessi) and Park Nam Wook (KR 20090043029) (Herein Wook).
In regards to Claim 17, Getz as modified discloses
the riser assembly (100) [Abstract] [Figs 1-20] as claimed in claim 1
However, fails to disclose
wherein at least one frame member is incorporated in a slip-formed wall which forms a part of the boundary of the riser aperture.
Furthermore, Wook discloses
wherein at least one frame member (Unnumbered, Figs 1-2, Getz] (see examiners comment) is incorporated in a slip-formed wall [Background, Paragraph 1] which forms a part of the boundary of the riser aperture [Unnumbered, Fig 1, Getz] (see examiners comment).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the riser assembly as disclosed by Getz include at least one frame member is incorporated in a slip-formed wall which forms a part of the boundary of the riser aperture as disclosed by Wook. When modified, it allows for construction purposes as intended for apertures between different floors.
5. Claims 22 and 26 are rejected under 35 U.S.C. 103 as being unpatentable over Getz (US 20180266100 A1) in view of Robert Ian Dobson (GB 2256211 A)(Herein Dobson) and Park Nam Wook (KR 20090043029) (Herein Wook).
In regards to Claim 22, Getz as modified discloses the method [0005, 0007] as claimed in claim 19. Wook discloses wherein at least one frame member (Unnumbered, Figs 1-2, Getz] (see examiners comment) is formed in a slip-formed wall [Background, Paragraph 1], which forms a part of the boundary of the riser aperture [Unnumbered, Fig 1, Getz] (see examiners comment).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method as disclosed by Getz to include wherein at least one frame member is formed in a slip-formed wall, which forms a part of the boundary of the riser aperture as disclosed by Wook. When modified, the slip-formed wall with all the limitations recited allows for the method/riser to be used for multiple different scenarios (i.e., high rises, multiple floors, hotels, building)
In regards to Claim 26, Getz as modified discloses
The method [0005, 0007] as claimed in claim 19, including constructing a wall [Background, Paragraph 1, Wook] above the joist (106) [Figs 1 and 7], wherein the joist (106) [Figs 1 and 7] and the wall [Background, Paragraph 1, Wook] are at least partially in the same vertical plane [As modified] and wherein the joist (106) [Figs 1 and 7] supports the wall [Background, Paragraph 1, Wook].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the riser assembly as disclosed by Getz to include constructing a wall above the joist as disclosed by Wook. When modified, this allows for constructability of the riser assembly and frame to be used within different floors.
Claim 25 is rejected under 35 U.S.C. 103 as being unpatentable over Getz (US 20180266100 A1) in view of Robert Ian Dobson (GB 2256211 A)(Herein Dobson) and Wunsch Horst (EP 2735794) (Herein Horst)
In regards to Claim 25, Getz as modified discloses the method [0005, 0007] as claimed in claim 19, including supporting a service conduit [See Horst, Page 4, Fig 1 Description] passing through the riser aperture [Unnumbered, Fig 1] (see examiners comment) with a bracket (33, Horst) [Fig 1] which connects into the channel [Unnumbered, Figs 1-2] (see examiners comments) and is slidable therein.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify a riser as disclosed by Getz to include the bracket supporting a service conduit passing through the aperture, wherein the bracket connects into the channel as disclosed by Horst. When modified, the bracket with all limitations allows for securing passages for the service conduits, facilitating connection to the channel, in lieu of a person of ordinary skill in the art having to core the settable material post installation.
Allowable Subject Matter
6. Claim 18, 23-24, 30 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
In regards to Claim 18, the prior art of record fails to teach the totality of the invention, in combination with the additionally claimed elements, including a bracket supporting a service conduit passing through the riser aperture wherein the bracket connects into the channel of the frame member supported on the slip-formed wall.
In regards to Claim 23, the prior art of record fails to teach the totality of the invention, in combination with the additionally claimed elements, wherein the at least one frame member is fixed in position on the slip-formed wall by ties connecting it to metal reinforcing elements prior to slip forming the slip-formed wall.
In regards to Claim 24, the prior art of record fails to teach the totality of the invention, in combination with the additionally claimed elements, wherein the upper and lower shutters incorporate upper and lower horizontal walls each having an array of perforations, and wherein the method includes admitting concrete into the spaces between the channel and the upper and lower shutters.
In regards to Claim 30, the prior art of record fails to teach the totality of the invention, in combination with the additionally claimed elements, wherein the upper and lower shutters incorporate upper and lower horizontal walls each having an array of perforations.
Examiners Comments
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media_image1.png
385
518
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Greyscale
Getz, Figure 1
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455
594
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Getz, Figure 12
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651
793
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Buetler, Figure 8
Response to Arguments
Objections to the Drawings: Applicant' s argument with respect to the drawings is persuasive and objection to the drawings is hereby withdrawn.
Objections to the Specifications: Applicant' s argument with respect to the specifications is persuasive and objection to the specification is hereby withdrawn.
Double Patenting Rejection: Applicant' s argument with respect to the double patenting is persuasive and rejection to the double patenting is hereby withdrawn.
Claim Rejections 35 USC 112: Applicant' s argument with respect to the claims rejected under 35 USC 112 is persuasive and rejection of the claims pursuant to 35 USC 112 is hereby withdrawn. However, rejections due to the amendments have been raised (as shown in the above, 112-rejections)
Claim Rejections 35 USC 102: Applicant' s arguments with respect to all claims have been considered but are not persuasive.
In regards to 102-rejections (specifically claims 19-20, 28) applicant iterates Getz does fails to disclose “upper and lower shutters connected to the channel, wherein the upper and lower shutters are in a common plane with the channel opening on the same side of the frame member as the channel opening, and where the common plane is parallel to a plane of the outer wall of the channel,” as recited in amended Claim 19.
Examiners Response: Getz is not relied upon for this limitation, furthermore, due to the amendment including this limitation Robert Ian Dobson (GB 2256211 A) is hereby relied upon disclosing this limitation.
Claim Rejections 35 USC 103: Applicant' s arguments with respect to all claims have been considered but are not persuasive.
In regards to Claims 1, 6-11, 13-16, 21, 27, and 29, Applicant iterates Getz does fails to disclose “upper and lower shutters connected to the channel, wherein the upper and lower shutters are in a common plane with the channel opening on the same side of the frame member as the channel opening, and where the common plane is parallel to a plane of the outer wall of the channel,” as recited in amended Claim 1.
In regards to Claims 2-4, 12, Applicant iterates these claims depend on claim 1, which is believed to be allowable over the prior art.
In regards to Claims 5 and 17, Applicant iterates these claims depend on claim 1, which is believed to be allowable over the prior art.
In regards to Claim 18, Applicant iterates these claims depend on claim 1, which is believed to be allowable over the prior art.
In regards to Claims 22, 24, 26, Applicant iterates these claims depend on claim 19, which is believed to be allowable over the prior art.
In regards to Claim 23, Applicant iterates these claims depend on claim 1, which is believed to be allowable over the prior art.
Examiners Response: Getz is not relied upon for this limitation, furthermore, due to the amendment including this limitation Robert Ian Dobson (GB 2256211 A) is hereby relied upon disclosing this limitation.
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.
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/Z.K.A./Examiner, Art Unit 3635
/KYLE J. WALRAED-SULLIVAN/Primary Examiner, Art Unit 3635
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