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 .
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claim 1-26 are provisionally rejected under 35 U.S.C. 101 as claiming the same invention as that of claim 1-26 of copending Application No. 18/896704 (reference application). This is a provisional statutory double patenting rejection since the claims directed to the same invention have not in fact been patented.
Specification
The abstract of the disclosure is objected to because the abstract should be in narrative form and generally limited to a single paragraph within the range of 50 to 150 words. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Rejections - 35 USC § 102
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 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) 1-15 and 18-26 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Babcock (US 2021/0277657).
With regards to claim 1 and 6, Babcock discloses a retaining wall system (100, 1700) comprising: a plurality of blocks (108, 1702) positioned in a stack of blocks (figure 1 and 17-19), at least one block of the plurality of blocks defining at least a through-opening (118); a tension link (122, 1806) extending through the through-opening of the at least one block of the plurality of blocks; a fastener (102, 110, 116) applying, to the tension link, a tension force (paragraph 0043 and 0064-0068) ; a tension force transfer body (104, 112, 412) defining at least an opening through which the tension link extends, the tension force transfer body and the fastener only partially covering the through-opening of the at least one block of the plurality of blocks (figure 4; paragraph 0069); and at least one filler material (“pressure grouting”; paragraph 0055 and 0048) hardened at least in the at least one block of the plurality of blocks in the through-opening between the at least one block of the plurality of blocks and a portion of the tension link in the through-opening (figures 1-4 and 17-19).
As to claim 2, Babcock discloses wherein the tension force transfer body (104, 112, 412) transfers at least a portion of the tension force to the at least one block of the plurality of blocks (paragraph 0006; figure 1 and 18).
As to claim 3, Babcock discloses wherein the tension force transfer body (104, 112, 412) is between the at least one block of the plurality of blocks (108, 1702) and the fastener (116; figure 1 and 17-18).
As to claim 4, Babcock discloses wherein the tension force transfer body (104, 112, 412) contacts the fastener (102, 110, 116) and a surface of the at least one block (108, 1702) of the plurality of blocks (figure 1 and 18).
As to claim 5, Babcock discloses wherein the tension force transfer body (104, 112, 412) extends outwardly radially past the fastener (102, 110, 116) (figure 1).
As to claim 7, Babcock discloses wherein the opening defined by the tension force transfer body (see example opening figure 4) is a slot extending through the tension force transfer body from a first side edge of the tension force transfer body towards a second side edge of the tension force transfer body, the first and second side edges on opposing lateral sides of the tension link, the slot open at the first side edge (figures 1-4).
As to claim 8-9, Babcock discloses wherein a surface of the at least one block (108, 1702) defines a recess and at least a portion of the tension force transfer body (104, 112, 412) is in the recess; and wherein at least a portion of the fastener is in the recess (figure 1 and 18).
As to claim 10, Babcock discloses wherein the tension force transfer body (104, 112) is between the surface of the at least one block (108) defining the recess and the fastener (102, 110, 116; figure 1).
As to claim 11, Babcock discloses wherein the hardened at least one filler material covers at least a portion of the tension force transfer body (paragraph 0044, 0048).
As to claim 12, Babcock discloses wherein the tension force transfer body (104, 112, 412) contacts the surface of the at least one block defining the recess (figure 1).
As to claim 13, Babcock discloses wherein the recess is filled at least partially by the hardened at least one filler material (paragraph 0044).
As to claim 14, Babcock discloses wherein the through-opening of the at least one block of the plurality of blocks is entirely filled with the hardened at least one filler material (“pressure grouting”; paragraph 0055).
As to claim 15, Babcock discloses wherein the plurality of blocks (108, 1702) comprises at least one wall block and at least one ground stabilizing base body (120, 1610) supporting the at least one wall block (figure 1 and 17-19).
As to claim 18-19, Babcock discloses wherein the tension link (122) comprises at least one coil rod and wherein the fastener (102, 110, 116) is threadably engaged with the at least one coil rod (figures 1 and 18; paragraph 0043 “thread bar nut”).
As to claim 20, Babcock discloses wherein the filler material comprises concrete (“compressible material” or gout; paragraph 0048, 0055).
As to claim 21, Babcock discloses wherein the plurality of blocks (108) are stacked plumb (figure 17-19).
As to claim 22, Babcock discloses wherein a portion of the tension link (122, 1806) contacts the tension force transfer body (104, 112, 412; figures 1 and 18).
As to claim 23, Babcock discloses a method of constructing the retaining wall system (100, 1700) of claim 1 (see rejection above), the method comprising when the tension force transfer body only partially covers the through-opening of the at least one block of the plurality of blocks (102, 1702), at least partially filling the through-opening of the at least one block of the plurality of blocks with the at least one filler material (figures 1-4 and 17-19; see rejection of claim 1).
As to claim 24, Babcock discloses wherein the at least one filler material passes through the opening defined by the tension force transfer body (paragraph 0048, 0055; figure 1).
As to claim 25, Babcock discloses wherein the at least one filler material passes through a block stacked above the at least one block of the plurality of blocks prior to filling the through-opening of the at least one block of the plurality of blocks (paragraph 0044).
As to claim 26, Babcock discloses the invention substantially as clamed. However, Babcock is silent about further comprising upon the fastener applying the tension force to the tension link, backfilling an area proximal the at least one block of the plurality of blocks prior to stacking a block above the at least one block of the plurality of blocks (paragraph 0096-0097; figures 5 and 17-19).
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.
Claim(s) 16-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Babcock (US 2021/0277657) alone.
As to claims 16-17, Babcock discloses the invention substantially as claimed. However, Babcock is silent about wherein the tension link applies at least 15,000 pounds of the tension force to the plurality of blocks; or wherein the tension link applies at least 40,000 pounds of the tension force to the plurality of blocks. It would have been within the level of one skilled in the art at the time the invention was filed to use tension links that can apply the pounds of tension as claimed, since it is merely a design option to choose the tension link pounds depending on the retaining wall capacity.
Conclusion
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/CARIB A OQUENDO/ Primary Examiner, Art Unit 3678