DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the acute or obtuse inwardly extending lips of claim 4 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim 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.
Claims 5, 10-13, 19, and 20 are 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.
Regarding claim 5: It is unclear how the inwardly extending lip is generally parallel to the end wall section from which it depends. Would it not be perpendicular from which it extends?
Regarding claim 10: It is unclear if the combination including the stud is being claimed or just that the composite beam is capable of being used with a stud.
Regarding claims 11-13: It is assumed that the combination including a composite beam and a stud is now recited and will be examined accordingly.
Regarding claim 19: It is unclear to what degree “closely” refers to.
Claim 20 is objected to under 37 CFR 1.75(c) as being in improper form because a multiple dependent claim should refer to other claims in the alternative only. See MPEP § 608.01(n). Accordingly, the claim has not been further treated on the merits.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-4, 6-10, and 17 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Strickland et al. (US Patent No 8,225,581) (“Strickland”).
Referring to claim 1: Strickland teaches a hollow outer shell (item 60) formed from a C-section beam that has a closed end wall, a pair of side walls extending from the end wall, end wall sections that extend inwardly towards each other from ends of the side walls remote from the closed end wall, opposed ends of the end wall sections being spaced apart to define an elongate gap between the end wall sections, the closed end wall, the side walls and the end wall sections defining a shell interior, and at least one of the end wall sections comprising an inwardly extending lip that extends in a direction towards the closed end wall inwardly into the interior (figure 13), the interior of the shell being substantially filled with a settable material which engages about the inwardly extending lip (item 64).
Referring to claim 2: Strickland teaches all the limitations of claim 1 as noted above. Additionally, Strickland teaches the hollow outer shell being formed from a steel C-section beam (figure 13).
Referring to claim 3: Strickland teaches all the limitations of claim 1 as noted above. Additionally, Strickland teaches the settable material being concrete (item 64 is concrete).
Referring to claim 4: Strickland teaches all the limitations of claim 1 as noted above. Additionally, Strickland teaches the inwardly extending lip extending at an acute or an obtuse angle to the end wall section from which it extends (figure 27).
Referring to claim 6: Strickland teaches all the limitations of claim 1 as noted above. Additionally, Strickland teaches the inwardly extending lip extending along substantially the full elongate gap (figure 13).
Referring to claim 7: Strickland teaches all the limitations of claim 1 as noted above. Additionally, Strickland teaches each of the end wall sections comprising an inwardly extending lip that extends in a direction towards the closed end wall inwardly into the interior and the concrete engaging about each inwardly extending lip (figure 13).
Referring to claim 8: Strickland teaches all the limitations of claim 7 as noted above. Additionally, Strickland teaches the inwardly extending lips extending along substantially the full elongate gap (figure 13).
Referring to claim 9: Strickland teaches all the limitations of claim 1 as noted above. Additionally, Strickland teaches the outer shell comprising one or more openings (item 46) through which concrete can be fed or pumped into the shell.
Referring to claim 10: Strickland teaches all the limitations of claim 1 as noted above. Additionally, Strickland teaches the outer shell comprising one or more openings for receipt of or to accommodate one or more studs (item 160, figure 26).
Referring to claim 17: Strickland teaches all the limitations of claim 1 as noted above. Additionally, Strickland teaches a closure member (item 42) to close the elongate gap between the end wall sections (figure 23).
Allowable Subject Matter
Claims 18 and 19 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.
Claims 11-16 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICK J MAESTRI whose telephone number is (571)270-7859. The examiner can normally be reached M-Th 7-3.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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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/PATRICK J MAESTRI/Primary Examiner, Art Unit 3635
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