DETAILED ACTION
This Office action is a reply to the amendment filed on 8/31/2026. Currently, claims 25-44 are pending. Claims 1-24 have been cancelled. No claims have been withdrawn or added.
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 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: “502”, “504”, “506”, “508” ([0060] as published in US 20250389115). 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. 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 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.
Claim 32, 37-39 and 41-43 is 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 32, “each bracing member” and “the bracing structure” are indefinite because the limitations lack antecedent basis. Does applicant intend for the claim to depend from claim 29?
Claim 37, “the bottom section” is indefinite because the limitation lacks antecedent basis. Does applicant intend for the limitation to refer to the previously recited “in-use bottom sections of the plurality of corresponding structural posts”? or a different bottom section?
Claim 41, “structural anchoring member” (line 2) is indefinite because the claims previously recite at least two spaced apart structural anchoring members, and thus the limitation appears to be drawn to a double inclusion. Does applicant intend for the limitation to refer to the previously recited structural anchoring members?
Claim 42, “the bottom use section” is indefinite because the limitation lacks antecedent basis. Note that a bottom use section is not previously recited. See also claim 43.
The remaining claims in this section are rejected by virtue of dependency upon a rejected base claim.
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.
Claim(s) 25-26, 28, 35-42 and 44 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Simmons et al. (US 6088987) (‘Simmons’).
Claim 25, Simmons provides a structural block wall system for building a block wall, the system comprising: a plurality of spaced apart upright sleeved structural members (see sleeved structural member shown but not labeled at the bottom of the wall in Figs. 4 and 6) being anchored to an underlying structure 40 upon which the block wall system is being erected upon (Figs. 4 and 6), each of the plurality of spaced apart upright sleeved structural members having a height that is substantially less than a height of the block wall (Figs. 4 and 6), the sleeved structural members comprising a hollow cavity (through which 35 extends) extending along the height of the structural member (Figs. 4 and 6); a plurality of corresponding structural posts 35 comprising an in-use bottom section configured to be received into respective sleeved structural members to extend along the height of the sleeved structural member (Figs. 4 and 6); prefabricated blocks (see blocks shown throughout Figs. 1-4 and 6-14; note that the blocks were treated as being prefabricated because the blocks are fabricated prior to assembly) configured to be stacked upon each other to form the block wall (Figs. 1-4, 6 and 12-14), each of the prefabricated blocks having opposing end faces (the blocks have faces on opposing sides of the blocks) with a core therebetween (core between the opposing sides), the core comprising one or more slots for receiving the sleeved structural members and the posts (Figs. 4 and 6); a sleeved bracket 32 with a bracket sleeve being dimensioned to receive an in-use top section of the structural posts (32 has a bracket sleeve suitable to be receive an in-use top section of 35; Figs. 4-6) and wherein at least some of the prefabricated blocks comprise slots for accommodating the sleeved bracket between the end faces of said at least some of the prefabricated blocks (see Fig. 4, which depicts slots in the prefabricated blocks for accommodating 32 between the end faces of the blocks).
Claim 26, Simmons further provides wherein the sleeved bracket further comprises one or more bracket plates (see plate portion on 32; Figs. 5a-5c) attached to the bracket sleeve and extending outwardly from an outer wall of the bracket sleeve (outer wall of 32) for allowing structural support members to be attached to the bracket plate during use (Figs. 4-6).
Claim 28, Simmons further provides wherein one or more of the prefabricated blocks comprise an internal void (unlabeled in Fig. 6) to accommodate the sleeved bracket and structural support members attached to the sleeved bracket (Fig. 6).
Claim 35, Simmons further provides wherein the sleeved structural member comprises an anchoring plate (see plate portion at the top of element 39 in Fig. 6) for engaging with the underlying structure and facilitating anchoring of the sleeved structural member thereon with the sleeve extending upwardly from the anchoring plate to receive the in-use bottom sections of the supporting posts therein (Fig. 6).
Claim 36, Simmons further provides a securement arrangement 39 to secure the in-use bottom section of the post within the sleeved structural member and prevent withdrawal of the post from the sleeved structural member (Fig. 6).
Claim 37, Simmons provides a method of constructing a block wall system, the method comprising the steps of: anchoring a plurality of spaced apart upright sleeved structural members (see sleeved structural member shown but not labeled at the bottom of the wall in Figs. 4 and 6) to an underlying structure 40 upon which the block wall system is being erected upon (Figs. 4 and 6), each structural member having a height that is substantially less than a height of the block wall (Figs. 4 and 6), the sleeved structural members comprising a hollow cavity (through which 35 extends) extending along the height of the structural member (Figs. 4 and 6); stacking prefabricated blocks (blocks shown throughout the figures; note that the blocks are fabricated prior to installation and thus were treated as being prefabricated) on each other (Figs. 1-4 and 6), each block having opposing end faces (opposing end faces of the blocks; Figs. 1-4 and 6) with a core therebetween (core between the end faces; Figs. 1-4 and 6), to form the block wall by positioning the upright sleeved structural members within one or more hollow slots located within the core of the blocks (Figs. 4 and 6); positioning a plurality of structural posts 35 into the core of the blocks through said hollow slots (Figs. 4 and 6) and inserting in-use bottom sections of the plurality of corresponding structural posts into respective sleeved structural members to allow the bottom section to extend along the height of the sleeved structural member (Figs. 4 and 6).
Claim 38, Simmons further provides positioning a bracket 32 within an internal void of one or more of the prefabricated blocks (internal void of the blocks shown in Figs. 4-6) to allow an in-use top section of the structural post to be received into a bracket sleeve of the bracket (Fig. 4).
Claim 39, Simmons further provides one or more bracket plates (plate portion of 32; Figs. 4-6) attached to the bracket sleeve (Figs. 4-6) and extending outwardly from an outer wall of the bracket sleeve (outer wall of 32), the method comprising attaching support members to the bracket plate (Figs. 1-4 and 6).
Claim 40, Simmons provides a structural block wall system for building a block wall, the system comprising: a plurality of spaced apart upright structural sub-assemblies (subassemblies including elements 35, 36; Figs. 1-12) being anchored to an underlying structure 40 upon which the block wall system is being erected upon (Figs. 1-4 and 6), each structural anchoring sub-assembly having at least two spaced apart structural anchoring members (35; “threaded rods”; Figs. 4 and 6), each structural anchoring member having a generally vertical portion with a height that is substantially less than a height of the block wall (Figs. 1-4 and 6), the spaced apart structural anchoring members being configured to be arranged with a gap therebetween (spacing between elements 35; Figs. 1-4 and 6) to define a receiving volume between the vertical portions of the structural anchoring members (under the broadest reasonable interpretation, spacing between the structural members defines a receiving volume between the vertical portions of the structural anchoring members, in which blocks are placed to fill the space; Figs. 1-4 and 6); a plurality of corresponding hollow structural posts (portion that receives 35, unlabeled in Fig. 4) comprising an in-use bottom section (bottom section of the portion that receives 35) configured for engagement with each structural anchoring sub-assembly to extend along the height of the vertical portions of the spaced apart structural anchoring members (Figs. 1-4 and 6); prefabricated blocks (blocks shown throughout Figs. 1-12; note that the blocks are fabricated prior to assembly and thus were treated as being prefabricated) configured to be stacked upon each other to form the block wall (Figs. 1-12), each block having opposing end faces (end faces of the blocks; Figs. 1-12) with a core therebetween (core between the end faces; Figs. 1-12), the core comprising one or more slots (slots in core of blocks; Figs. 1-12) for receiving the structural anchoring sub-assemblies and the hollow structural posts (Figs. 4 and 6).
Claim 41, Simmons further provides wherein structural anchoring member comprises an anchoring portion (bottom of 35 or alternatively 39) adapted to engage the underlying structure for anchoring thereto wherein the vertical portion is generally perpendicular relative to the anchoring portion (the anchoring portion has at least a horizontal flange that is perpendicular to the generally vertical direction of the vertical portion; Fig. 4).
Claim 42, Simmons further provides wherein during engagement, the bottom use section comprises a hollow internal volume to receive and engage the vertical portions of the spaced apart structural anchoring members (Figs. 4 and 6).
Claim 44, Simmons further provides a fastening arrangement (threaded portion of hollow structural post; Fig. 4) for fastening the bottom section of the hollow structural post to the spaced apart vertical portions of the structural anchoring members during use (Fig. 4).
Claim(s) 25-28, 36-40, 42 and 44 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Franklin et al. (US 6098357) (‘Franklin’).
Claim 25, Franklin provides a structural block wall system for building a block wall, the system comprising: a plurality of spaced apart upright sleeved structural members 76 being anchored to an underlying structure (underlying structure 14; anchored via 24 and/or 74) upon which the block wall system is being erected upon (Figs. 1 and 6-8), each of the plurality of spaced apart upright sleeved structural members having a height that is substantially less than a height of the block wall (Figs. 1 and 6-8), the sleeved structural members comprising a hollow cavity (through which 24/74 extends) extending along the height of the structural member (Figs. 1 and 6-8); a plurality of corresponding structural posts 24 and/or 74 comprising an in-use bottom section configured to be received into respective sleeved structural members to extend along the height of the sleeved structural member (Figs. 1 and 6-8); prefabricated blocks (16; note that the blocks were treated as being prefabricated because the blocks are fabricated prior to assembly) configured to be stacked upon each other to form the block wall (Figs. 1 and 6-8), each of the prefabricated blocks having opposing end faces (the blocks have faces on opposing sides of the blocks) with a core therebetween (core between the opposing sides), the core comprising one or more slots 40 for receiving the sleeved structural members and the posts (Figs. 1 and 6-8); a sleeved bracket 82 with a bracket sleeve 92 being dimensioned to receive an in-use top section of the structural posts (Figs. 7-8) and wherein at least some of the prefabricated blocks comprise slots 88 for accommodating the sleeved bracket between the end faces of said at least some of the prefabricated blocks (Figs. 1 and 7-8).
Claim 26, Franklin further provides wherein the sleeved bracket further comprises one or more bracket plates (under the broadest reasonable interpretation, one of the portions 94 constitutes a bracket plate, as exceedingly broadly claimed; Fig. 7) attached to the bracket sleeve (Fig. 7) and extending outwardly from an outer wall of the bracket sleeve (Fig. 7) for allowing structural support members to be attached to the bracket plate during use (under the broadest reasonable interpretation, the bracket plate is suitable to allow structural support members to be attached to the bracket plate during use, as exceedingly broadly claimed; Figs. 7-8).
Claim 27, Franklin further provides wherein one or more of the bracket plates further comprise a corresponding cradle plate (plate portion that defines sleeve of 82; alternatively element 84 constitutes a cradle plate; Fig. 7) that is orthogonally arranged relative to said one or more of the bracket plates (plate portion that defines sleeve of 82 is perpendicular to and thus orthogonally arranged relative to portion 94; alternatively, element 84 is orthogonally arranged relative to the one or more bracket plates; Fig. 7) to support the structural support member attached onto the bracket plate in a transverse configuration relative to the structural post (Fig. 7).
Claim 28, Franklin further provides wherein one or more of the prefabricated blocks comprise an internal void (unlabeled in Fig. 8) to accommodate the sleeved bracket and structural support members attached to the sleeved bracket (Fig. 8).
Claim 36, Franklin further provides a securement arrangement (threaded portions on 74 and 76; Fig. 6) to secure the in-use bottom section of the post within the sleeved structural member and prevent withdrawal of the post from the sleeved structural member (Figs. 1 and 6-8).
Claim 37, Franklin provides a method of constructing a block wall system, the method comprising the steps of: anchoring a plurality of spaced apart upright sleeved structural members 76 to an underlying structure 14 upon which the block wall system is being erected upon (Figs. 6-8), each structural member having a height that is substantially less than a height of the block wall (Figs. 1-8), the sleeved structural members comprising a hollow cavity 40 extending along the height of the structural member (Fig. 8); stacking prefabricated blocks (blocks shown throughout the figures; note that the blocks are fabricated prior to installation and thus were treated as being prefabricated) on each other (Figs. 1-8), each block having opposing end faces (opposing end faces of the blocks; Figs. 1-8) with a core therebetween (core between the end faces; Figs. 1-8), to form the block wall by positioning the upright sleeved structural members within one or more hollow slots located within the core of the blocks (Fig. 8); positioning a plurality of structural posts 24 and/or 74 into the core of the blocks through said hollow slots (Fig. 8) and inserting in-use bottom sections of the plurality of corresponding structural posts into respective sleeved structural members to allow the bottom section to extend along the height of the sleeved structural member (Fig. 8).
Claim 38, Franklin further provides positioning a bracket 82 within an internal void of one or more of the prefabricated blocks (Figs. 7-8) to allow an in-use top section of the structural post to be received into a bracket sleeve of the bracket (Figs. 7-8).
Claim 39, Franklin further provides one or more bracket plates (plate portion of 82; Fig. 7) attached to the bracket sleeve (Fig. 7) and extending outwardly from an outer wall of the bracket sleeve (outer wall of 82), the method comprising attaching support members to the bracket plate (Figs. 7-8).
Claim 40, Franklin provides a structural block wall system for building a block wall, the system comprising: a plurality of spaced apart upright structural sub-assemblies (subassemblies including elements 24 and/or 74; Figs. 1-8) being anchored to an underlying structure 14 upon which the block wall system is being erected upon (Figs. 1-8), each structural anchoring sub-assembly having at least two spaced apart structural anchoring members (24 and/or 74 are structural anchoring members; Fig. 8), each structural anchoring member having a generally vertical portion with a height that is substantially less than a height of the block wall (24 and 74 each have a height that is less than a height of the wall; Fig. 8), the spaced apart structural anchoring members being configured to be arranged with a gap therebetween (spacing between elements 24 and/or 74; Figs. 1-8) to define a receiving volume between the vertical portions of the structural anchoring members (see receiving volume defined as empty spaces in Fig. 1); a plurality of corresponding hollow structural posts 76 comprising an in-use bottom section (bottom section of 76) configured for engagement with each structural anchoring sub-assembly to extend along the height of the vertical portions of the spaced apart structural anchoring members (Figs. 1-8); prefabricated blocks (blocks shown throughout Figs. 1-8; note that the blocks are fabricated prior to assembly and thus were treated as being prefabricated) configured to be stacked upon each other to form the block wall (Figs. 1-8), each block having opposing end faces (end faces of the blocks; Figs. 1-8) with a core therebetween (core between the end faces; Figs. 1-8), the core comprising one or more slots 40 for receiving the structural anchoring sub-assemblies and the hollow structural posts (Fig. 8).
Claim 42, Franklin further provides wherein during engagement, the bottom use section comprises a hollow internal volume to receive and engage the vertical portions of the spaced apart structural anchoring members (Fig. 8).
Claim 44, Franklin further provides a fastening arrangement (threaded portion of 24/74/76; Figs. 6-8) for fastening the bottom section of the hollow structural post to the spaced apart vertical portions of the structural anchoring members during use (Fig. 8).
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(s) 29 and 31-34 is/are rejected under 35 U.S.C. 103 as being unpatentable over Simmons et al. (US 6088987) (‘Simmons’) in view of Pierce (US 872,364).
Claim 29, Simmons teaches all the limitations of claim 25 as above. Simmons does not teach wherein two of the spaced apart structural posts of the plurality of corresponding structural posts are joined by a plurality of bracing members extending between the two or more structural posts to form a bracing structure. However, Pierce teaches a structural block wall system, comprising two or more of a plurality of spaced apart structural posts 5 joined by a plurality of bracing members 4 extending between the two or more structural posts to form a bracing structure (Figs. 1-2). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the structural block wall system by incorporating a plurality of bracing members such that two of the spaced apart structural posts of the plurality of corresponding structural posts are joined by the plurality of bracing members extending between the two or more structural posts to form a bracing structure, with the reasonable expectation of success of using known means to form a continuous tie-down to further resist wind and seismic forces.
Claim 31, as modified above, the combination of Simmons and Pierce teaches all the limitations of claim 29, and further teaches wherein in-use upper sections of the spaced apart posts of the bracing structure comprises a connection arrangement for receiving additional bracing structures (Pierce; additional bracing structures shown being used in Figs. 1-2).
Claim 32, as modified above, the combination of Simmons and Pierce teaches all the limitations of [claim 29], and further teaches wherein each bracing member comprises spaced apart bracing sleeves joined by the bracing members, the bracing sleeves (Pierce sleeves through which 5 pass) being dimensioned for receiving the structural posts and arranging the posts in the spaced apart configuration to form the bracing structure (Pierce Figs. 1-2).
Claim 33, as modified above, the combination of Simmons and Pierce teaches all the limitations of claim 29, and further teaches wherein the bracing members comprise bracing bracket plates for facilitating attachment of the bracing members (Pierce Figs. 1-2).
Claim 34, as modified above, the combination of Simmons and Pierce teaches all the limitations of claim 29, and further teaches wherein one or more of the prefabricated blocks comprise internal openings between the opposed sides of each block to accommodate the bracing members of the bracing structure during use (Pierce openings in blocks to receive bracing members; Figs. 1-2).
Claim(s) 29 and 31-34 is/are rejected under 35 U.S.C. 103 as being unpatentable over Franklin et al. (US 6098357) (‘Franklin’) in view of Pierce (US 872,364).
Claim 29, Franklin teaches all the limitations of claim 25 as above. Franklin does not teach wherein two of the spaced apart structural posts of the plurality of corresponding structural posts are joined by a plurality of bracing members extending between the two or more structural posts to form a bracing structure. However, Pierce teaches a structural block wall system, comprising two or more of a plurality of spaced apart structural posts 5 joined by a plurality of bracing members 4 extending between the two or more structural posts to form a bracing structure (Figs. 1-2). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the structural block wall system by incorporating a plurality of bracing members such that two of the spaced apart structural posts of the plurality of corresponding structural posts are joined by the plurality of bracing members extending between the two or more structural posts to form a bracing structure, with the reasonable expectation of success of using known means to form a continuous tie-down to further resist wind and seismic forces.
Claim 31, as modified above, the combination of Franklin and Pierce teaches all the limitations of claim 29, and further teaches wherein in-use upper sections of the spaced apart posts of the bracing structure comprises a connection arrangement for receiving additional bracing structures (Pierce; additional bracing structures shown being used in Figs. 1-2).
Claim 32, as modified above, the combination of Franklin and Pierce teaches all the limitations of [claim 29], and further teaches wherein each bracing member comprises spaced apart bracing sleeves joined by the bracing members, the bracing sleeves (Pierce sleeves through which 5 pass) being dimensioned for receiving the structural posts and arranging the posts in the spaced apart configuration to form the bracing structure (Pierce Figs. 1-2).
Claim 33, as modified above, the combination of Franklin and Pierce teaches all the limitations of claim 29, and further teaches wherein the bracing members comprise bracing bracket plates for facilitating attachment of the bracing members (Pierce Figs. 1-2).
Claim 34, as modified above, the combination of Franklin and Pierce teaches all the limitations of claim 29, and further teaches wherein one or more of the prefabricated blocks comprise internal openings between the opposed sides of each block to accommodate the bracing members of the bracing structure during use (Pierce openings in blocks to receive bracing members; Figs. 1-2).
Allowable Subject Matter
Claims 30 and 43 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including 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: the prior art of record, specifically Simmons et al. (US 6088987) (‘Simmons’), Franklin et al. (US 6098357) (‘Franklin’), Pierce (US 872,364), Heydon (US 5505031) and Lawrence (US 1673118) does not teach or suggest, alone or in combination, all the elements and features of the claimed invention, including, inter alia:
bracing members of the plurality of bracing members extending diagonally between the two structural posts to form the bracing structure, as recited in claim 30;
the structural sub-assembly further comprising a substantially solid reinforcement insert adapted to be positioned in the gap between the spaced apart structural anchoring members wherein during use the vertical portions and the reinforcement insert therebetween is received into the hollow internal volume of the bottom section, as recited in claim 43.
Simmons and Franklin do not teach bracing members, or the configuration of the solid reinforcement insert relative to the bottom section as claimed. Franklin teaches concrete 75 being inserted into cavities in the blocks, but does not teach the concrete being received into the hollow internal volume of the bottom section. Pierce teaches bracing members, but not bracing members extending diagonally between the two structural posts to form the bracing structure, and does not teach the substantially solid reinforcement insert as claimed. Heydon and Lawrence teach diagonal bracing members used in wall structures, but not used in block walls. It would have been beyond the level of ordinary skill to combine or modify any of the cited prior art references of record to arrive at the claimed invention.
Response to Arguments
Applicant’s arguments with respect to claim(s) 25-44 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES M FERENCE whose telephone number is (571)270-7861. The examiner can normally be reached M-F 7-4pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Mattei can be reached at 571-270-3238. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JAMES M. FERENCE
Primary Examiner
Art Unit 3635
/JAMES M FERENCE/Primary Examiner, Art Unit 3635
Prosecution Insights