DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
Upon further consideration and detailed review of previous multiple restriction requirements, Applicant’s argument filed on 04/14/2025 that the amendment to claim 16 obviates the restriction between Inventions I and II (i.e., between the apparatus and method claims) is persuasive. As such, the restriction requirement of 01/22/2026 is withdrawn.
However, the Species Election requirement of 08/19/2025 stands with the following correction: upon further review, Species D and Species E are not separate species but are considered to be the same species.
Further, Examiner acknowledges canceled claims 16-20 in response filed 03/17/2026.
In summary, claims 1-15 are pending and subject to a species election requirement between the following species:
Species A (Figs. 1-16) directed to a coupler for coupling a pair of threaded rods of different sizes;
Species B (Figs. 17-19) directed to an anchor bolt;
Species C (Figs. 20-22) directed to a metal deck anchor;
Species D (Figs. 23-29) directed to a pre-set anchor.
Per Applicant’s response filed 09/23/2025, Applicant’s election of Species A (Figs. 1-16) without traverse stands and the following Office Action is based solely on this election.
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 1-11 and 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over
Thompson US20150275505 (hereinafter, Thompson) in view of Christophersen et al., US20200325673 (hereinafter, Christophersen).
Regarding claim 1, Thompson discloses a device (see Figs. 4-6) for selectively securing
threaded rod of different diameters (see Fig. 5), the device comprising:
a housing 13 with an internal bore 16 extending from a first end 18 to a second end 14;
a back plate 17 that closes the first end of the internal bore;
a plunger 27 received within the internal bore; and
a biasing member 41 secured by the back plate to provide a biasing force (para. [0040-
0041]) that urges the plunger toward the second end of the internal bore;
the plunger including a first plunger half 31 and a second plunger half 29 that define a
passage (see central threaded bore of plunger 27 in Fig. 4) to receive threaded rods, the first
and second plunger halves being separated by a split plane (see Fig. 4) that defines split lines
(see Fig. 5) on opposing sides of the passage,
the first and second plunger halves each including a first threaded section 43, 47 sized
to engage a first threaded rod 21 having a first outer diameter (see Fig. 5), and a second threaded section 45, 49 sized to engage a second threaded rod 19 having a second outer
diameter (see Fig. 5) different than the first outer diameter, and
the plunger being movable against the biasing member toward the first end of the
internal bore and an open configuration (para. [0052]), to open the passage to selectively
receive the first threaded rod 21 into sliding engagement with the first threaded sections 43, 47
or receive the second threaded rod 19 into sliding engagement with the second threaded
sections 45, 49; and
the plunger being movable toward the second end of the internal bore to a closed
configuration (see Figs. 6-7), to selectively secure the first threaded rod in a threaded
engagement with the first threaded sections (see Fig. 7) or secure the second threaded rod in a
threaded engagement with the second threaded sections (see Fig. 6).
Thompson fails to teach the threads of the first threaded sections and the second threaded sections transitioning from deepest points that are farthest from the split lines along
the corresponding thread, to shallowest points that are adjacent the split lines along the corresponding thread.
However, Christophersen teaches an anchor with lockable jaw assembly (see Figs. 1-6) having a first threaded sections and a second threaded sections (see Figs. 5-6) transitioning from the deepest points that are farthest from the split lines (see internal threads 461 thin near the split lines and thick around the center portion of the jaws, considered transitioning region, in each half 160A and 160Bin Figs. 5A-5B) along the corresponding thread, to shallowest points that are adjacent the split lines along the corresponding thread (see Figs. 5A-5B).
The Examiner interprets it would have been obvious to one of ordinary skill in the art
before the effective filing date of claimed invention to have modified the internal thread of
Thompson to the internal thread as taught by Christophersen for enhancing the insertion operation of the anchor member into the jaws for the final and secure locking (see para. [0034]).
Regarding claim 2, Thompson in view of Christophersen teaches the device of claim 1, wherein Thompson further teaches the first 31 and second plunger 29 halves are seated against each other in the closed configuration (see Figs. 4-5).
Regarding claim 3, Thompson in view of Christophersen teaches the device of claim 1, wherein Thompson further teaches the first 31 and second threaded sections 29 define an oblong cross-section of the passage (see elongated plunger in Fig. 4 which is longer than it is wide), with the plunger in the closed configuration (see Figs. 4-5).
Regarding claim 4, Thompson in view Christophersen teaches the device of claim 3, Thompson further teaches wherein the second end (14, see Figs. 4-5) of the internal bore includes a tapered section 63 and each of the first and second plunger halves include a tapered section (64 & 66, see Fig. 8);
wherein the biasing force of the biasing member 41 urges the first and second plunger
halves toward each other via translation of the tapered sections of the first and second plunger
halves along the tapered section of the housing (see para. [0053]); and
wherein the tapered section of the first and second plunger halve define a circular cross-section, with the plunger in the closed configuration (see Fig. 4 showing the plunger in the closed configuration forms a circular cross-section out of tapered bottom section).
Regarding claim 5, Thompson in view of Christophersen teaches the device of claim 1, wherein Christophersen further teaches the threaded section include threadless areas (see threadless areas besides each Ribs 463, 464), within the passage, adjacent the split lines.
The Examiner interprets it would have been obvious to one of ordinary skill in the art
before the effective filing date of claimed invention to have modified the first and second
threaded section of the Thompson to have threadless section as taught by Christophersen for enhancing the insertion operation of the anchor member.
Regarding claim 6, Thompson in view of Christophersen teaches the device of claim 1, wherein Thompson further teaches a first inner diameter (see diameter between threaded sections 45, 49 in Fig. 5) of the passage, extending between the split lines (see Fig. 4), is larger than a second inner diameter (see diameter between threaded sections 43, 47 in Fig. 5) of the passage perpendicular to the first inner diameter, when the plunger is in the closed configuration (see Fig. 5).
Regarding claim 7, Thompson in view of Christophersen teaches the device of claim 6, wherein, Christophersen further teaches wherein with the plungers 160A, 160B in the closed configuration, a shape of the passage 319 as viewed in an axial direction is ovular (see Fig. 6), with internal major diameters of the ovular shape extending between the split lines at the first threaded sections and the second threaded sections (see Figs. 5-6).
The Examiner interprets it would have been obvious to one of ordinary skill in the art
before the effective filing date of claimed invention to have modified the shape of the passage
in Thompson as disclosed by Christophersen for the secure and efficient engagement and locking of the anchor member (see para. [0034]).
Further, it would have been an obvious matter of design choice to have modified the
shape of the passage in Thompson as disclosed by Christophersen to be in oval shape, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art.
Regarding claim 8, Thompson in view of Christophersen teaches the device of claim 1, However, Christophersen further teaches wherein, with the plunger in the closed configuration (see Fig. 6): a shape of the passage 319 as viewed in an axial direction (see Figs. 5-6) is ovular at the first threaded sections, and an outer periphery of the plunger is ovular (see Fig. 6) at an end opposite the second end of the internal bore; and
wherein, with the plunger in the open configuration (see Figs. 5A-5B): the shape of the
passage as viewed in an axial direction is circular at the first threaded sections, and the outer
periphery of the plunger is circular at the end opposite the second end of the internal
bore (see Fig. 5A-5B showing each half of the plunger capable of forming a circular shape when open).
The Examiner interprets it would have been obvious to one of ordinary skill in the art
before the effective filing date of claimed invention to have modified in closed configuration,
the shape of the passage at the first threaded section in Thompson to be ovular and an outer
periphery to be ovular as well as disclosed by Christophersen so the plunger set are matched with and engage external threads on the threaded rod.
Further, changes in shape have been established to be obvious to a person of ordinary
skill in the art in the absence of a persuasive evidence that the particular configuration was
significant. The disclosure does not provide any evidence of the criticality of the shape in para.
[0064]. Therefore, it would have been an obvious matter of design choice to one having
ordinary skill in the art before the effective filing date of the claimed invention to modify the
shape of the passage in Thompson to ovular shape as taught by Christophersen as an obvious change in shape. MPEP 2144.04 (iv)(b).
Regarding claim 9, Thompson in view of Christophersen teaches the device of claim 8, wherein, Thompson further teaches with the plunger open to receive the first threaded rod 21 in sliding engagement with the first threaded sections 43, 47, the shape of the passage as viewed in the axial direction is circular at the first threaded sections (see Fig. 4), and an internal diameter at the first threaded sections, measured perpendicular to the split plane (see Fig. 4), is
substantially equal to the first outer diameter of the first threaded rod (see Fig. 7); and
wherein, with the plunger open to receive the second threaded rod 19 in sliding
engagement with the second threaded sections 45, 49, the shape of the passage as viewed in
the axial direction is circular (see Fig. 6 showing a circular opening of the second threaded
section fitting a circular second threaded rod 19 in Fig. 6) at the second threaded sections 45,
49, and an internal diameter at the second threaded sections, measured perpendicular to the
split plane (see Fig. 6), is substantially equal to the second outer diameter of the second
threaded rod (see Fig. 6).
Regarding claim 10, Thompson in view of Christophersen teaches the device of claim 1, wherein Thompson in embodiments shown in Figs. 11-13 further teaches the plungers 31, 29 are keyed 103, 105 to prevent rotation within the internal bore.
The Examiner interprets it would have been obvious to one of ordinary skill in the art
before the effective filing date of claimed invention for plungers Figs. 5-7 in Thompson to be
modified to be keyed as taught in Figs. 11-13 to prevent rotational movement of the plunger
halves after full engagement with the rod
Regarding claim 11, Thompson in view of Christophersen teaches and/or make obvious of the claim 1 wherein Christophersen further teaches wherein the first and second plunger halves collectively define an entrance chamfer (see chamfered edge in Figs. 4A-4B located at lower end 462) at an entrance to the first threaded section, the entrance chamfer defining a circular cross-section when the plunger is in the closed configuration (see Fig. 6).
It is the examiner’s position that it would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to have modified the entrance of plunger in Thompson to have chamfer as taught by Christophersen for efficient insertion and engagement of the threaded member guided by chamfered edge.
Regarding claim 14, Thompson discloses a threaded rod locking device (see Fig. 4),
comprising:
a housing 13 defining an internal bore 16;
a plunger 27 within the internal bore of the housing, the plunger including:
a first plunger body 31 having a first threaded section 43; and
a second plunger body 29 having a second threaded section 49, the first and second
plunger bodies being movably received within the internal bore (see Figs. 6-7);
a passage (see central opening of the plunger 27) to axially receive and secure threaded
rods within the housing, the passage being defined by the first 43, 47 and second threaded
sections 45, 49; and
a biasing member 41 arranged within the internal bore to provide a biasing force (see
Figs. 5-7) that urges the plunger into the closed configuration, the plunger being movable
against the biasing force, by axial insertion of a threaded rod into the passage (see Figs. 6-7), to
transition from the closed configuration to the open configuration (see Figs. 6-7).
Thompson fails to teach the plunger halves with an ovular cross-section when the
plunger is in a closed configuration to secure a threaded rod against axial loading, and a circular
cross- section when the plunger is in an open configuration to permit axial insertion of the
threaded rod into the passage.
Christophersen further teaches wherein, the passage 319 is ovular (see Fig. 6) in a closed configuration, and with the plunger in the open configuration (see Fig. 5A-5B): the shape of the passage is circular to permit axial insertion of the threaded rod into the passage.
The Examiner interprets it would have been obvious to one of ordinary skill in the art
before the effective filing date of claimed invention to have modified the shape of the passage
in Thompson to be ovular in closed configuration and circular in open configuration as disclosed
by Christophersen for enhanced insertion operation of the anchor member and secured engagement/locking of the bolt member as described in para. [0033-0034].
Further, changes in shape have been established to be obvious to a person of ordinary
skill in the art in the absence of a persuasive evidence that the particular configuration was
significant. The disclosure does not provide any evidence of the criticality of the shape in para.
[0064]. Therefore, it would have been an obvious matter of design choice to one having
ordinary skill in the art before the effective filing date of the claimed invention to modify the
shape of the passage in Thompson to ovular shape as taught by Christophersen as an obvious change in shape. MPEP 2144.04 (iv)(b).
Regarding claim 15, Thompson in view of Christophersen teaches the threaded rod locking device of claim 14, wherein the first and second plunger bodies are separated from each other at a split plane; and
wherein the threads of the first and second threaded sections transition from deepest
depths farthest from the split plane to shallowest depths adjacent to the split plane, to define
the ovular cross-section of the closed configuration.
The Examiner considers the limitation of claim 15 to be similar to the limitations in claim
1. Therefore, Thompson in view of Christophersen teaches and/or make obvious of the limitations. Please refer to the rejection and rationale set forth above in claim 1.
Claims 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over
Thompson in view of Christophersen, in further view of Oh US8998155 (hereinafter, Oh).
Regarding claim 12, Thompson in view of Christophersen teaches the device of claim 1, wherein Thompson further teaches each of the first and second plunger halves 31, 29 include:
a first end (top end of the plunger in Fig. 4);
a second end (bottom end of the plunger in Fig. 4), opposite the first end;
an outer surface (see cylindrical outer body of plunger in Fig. 4) extending, with the
passage, between the first and second ends; and
a ledge section 33, 37 extending radially outward from the outer surface (see Fig. 4);
Thompson fails to teach wherein the biasing member extends along the outer surface to
be seated on the ledge sections, with the biasing member surrounding the plunger along the
passage.
However, Oh teaches a ledge section (742, 744, see Fig. 29) extending radially outward
from the outer surface;
wherein the biasing member 740 extends along the outer surface to be seated on the
ledge sections, with the biasing members surrounding the plunger along the passage (column
11, lines 31-39).
The Examiner interprets it would have been obvious to one of ordinary skill in the art
before the effective filing date of claimed invention to have modified the plunger to Thompson
to have the ledge section and the biasing member in orientation as taught by Oh for advantages
such as providing spring force for resisting misalignment within the housing.
Regarding claim 13, Thompson in view of Christophersen, in further view of Oh teaches the device of claim 12, wherein Christophersen further teaches the outer surface defines an ovular outer periphery in the closed configuration (see Fig. 6) and a circular outer periphery in the open configuration (see Fig. 5A-5B and rejection established in claim 8 regarding circular outer periphery).
Response to Arguments
Applicant's arguments filed 07/08/2026 have been fully considered.
Upon further consideration, rejection has been set forth above based on newly found and existing prior art.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DIL K MAGAR whose telephone number is (571)272-8180. The examiner can normally be reached M-F 7:30-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christine Mills can be reached at (571) 272-8322. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DIL K. MAGAR/Examiner, Art Unit 3675
/CHRISTINE M MILLS/Supervisory Patent Examiner, Art Unit 3675
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