DETAILED ACTION
In response to remarks filed 08/07/2026
Status of Claims
Claims 20-48 are currently pending;
Claims 20-27, 29, 33-34, and 37-41, are currently amended;
Claims 28, 30-32, 35-36, and 42-44 were previously presented;
Claims 45-48 are new;
Claims 20-48 are rejected hereinafter.
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 .
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) 20-29, 31, 33-41, 43 and 45-48 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shaw (US 2005/0069389) in view of Leach et al. US 2011/0162314).
With regards to claim 20 and 33, Shaw discloses a wall block (1) comprising: a block body (27) having a top surface (2), a bottom surface (3) opposing the top surface, and, front and rear portions (18, 19) extending between the top surface and the bottom surface of the block body, a front surface (4, 5) defined on the front portion of the block body, opposing a rear surface (7) defined on the rear portion, one or more openings or apertures (8) extending through the block body from the top surface to the bottom surface, between the front portion and the rear portion, and two opposing side portions (14, 15) extending between the front portion and the rear portion of the block body, on opposing sides of the one or more openings or apertures (figure 1-4); wherein the top surface of the block body has a pair of lug connections or engagement features (29, 30) extending from said top surface, wherein the lug connections are configured to interface with one or more of the openings or apertures extending from the top surface to the bottom surface of other such wall blocks, when stacked on the block body (figure 3), wherein the lug connections are configured to connect the wall block to an adjacent course or layer of the other wall (figures 1-8). Shaw discloses the invention substantially as claimed. However, Shaw is silent about wherein each lug connections has a beveled or tapered surface. Leach et al. taches a similar block (10) including a pair of lug connections (30, 32) on the top surface and each lug connection including a beveled or tapered surface (figure 1-17; paragraph 0045). It would have been obvious to one of ordinary skill in the art to modify the lug connectors of Shaw to include beveled or tapered surface as taught by Leach et al., since it would provide surface to create curved walls.
As to claim 21, 34 and 45, Shaw as modified above discloses wherein the lug connections (29, 30) comprise raised areas formed on the top surface (figure 1-4) of the block body and wherein the beveled or tapered surfaces of said lug connections protrude the top surface (Leach figure 1).
As to claim 22 and 35-36, Shaw as modified above discloses wherein the lug connections (29, 30) are positioned on the opposing side portions, or on or adjacent outside edges thereof wherein the beveled or tapered surfaces of the lug connections are disposed along one or more of a front, inside, or rear portion of the respective lug connections (see figure 4).
As to claim 23, 37 and 48, Shaw as modified above discloses wherein the beveled or tapered surface of the lug connections (29, 30) are aligned with a rear surface of the one or more openings or apertures (8) in one or more of the other blocks in the adjacent course or layer, the rear surface being defined opposite the front surface on the front portion (figure 1-4).
As to claim 24 and 38, Shaw as modified above discloses wherein the lug connections (29, 30) are offset from a rear surface of the one or more openings or apertures of the block body, the rear surface being defined opposite the front surface on the front portion (figure 1-4; lug connections 29, 30 has a portion aligned with the opening rear surface and a portion offset from the rear surface).
As to claim 25, Shaw as modified above discloses wherein the beveled or tapered surfaces of a first of the pair of lug connections (29) is configured to engage with one or more of the openings or apertures (8) of a first of the other wall blocks in the adjacent course or layer and the beveled or tapered surface of a second of the pair of lug connections (30) is configured to engage with one or more of the opening or apertures of a second of the other wall blocks in the adjacent course or layer (figure 8; leach figures 1-17).
As to claim 26 and 39, Shaw as modified above discloses wherein beveled or tapered surfaces of the the first and second lug connections (29, 30) are configured to engage with one or more of the opening or apertures (8) of the first and second wall blocks disposed left and right of or adjacent one another in the adjacent course or layer (figure 8).
As to claim 27 and 40, Shaw as modified above discloses wherein the one or more openings or apertures (8) are configured to engage with a first of the pair of lug connections (28, 29) of a first wall block in a lower course or layer of such wall blocks and with a second of the pair of lug connections of a second such wall block in the lower course or layer (figure 8).
As to claim 28, Shaw discloses wherein the one or more openings or apertures (8) are configured to engage the beveled or tapered surfaces of the first and second lug connections (28, 29) of the first and second wall blocks disposed left and right of or adjacent one another in the lower course or layer (figure 8).
As to claim 29 and 41, Shaw as modified above discloses wherein the wall block is configured to prevent motion between the block body and the first and second wall blocks in the lower course or layer by engagement with the first and second lug connections (29, 30) of the first and second wall blocks in the lower course or layer (figure 1-8; abstract).
As to claim 31 and 43, Shaw as modified above discloses a segmented wall system comprising a plurality of wall blocks (1) according to claim 20 (see rejection above), wherein a first set of the wall blocks is disposed in a first course or layer of the segmented wall system and a second set of the wall blocks is disposed in the adjacent course or layer (figures 1-8).
As to claims 46, Shaw discloses the invention substantially as claimed. However, Shaw is silent about wherein the wall block comprises a pair of said openings or apertures separated by a middle neck portion extending from the front portion of the wall block to the rear portion of the wall block, between the first and second side portions. It would have been within the level of one skilled in the art to include a neck portion, since it is well known and conventional to have block with two opening and a neck portion as claimed (see for example D685502 disclosing similar block with neck portion).
As to claim 47, Shaw as modified above discloses the invention substantially as claimed. However, Shaw as modified above does not explicitly teach wherein the first engagement feature is disposed adjacent the rear portion along the first or second side portion of the wall block, and the second engagement feature is disposed adjacent the middle neck portion along the rear portion of the wall block. It would have been obvious to one having ordinary skill in the art at the time the invention was filed to rearrange the engagement features as claimed, since it has been held that a mere rearrangement of the essential working parts of a device only involves routine skill in the art. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950)
Claim(s) 30, 32, 42, and 44 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shaw (US 2005/0069389) in view of Sorheim et al. (US 5,820,304).
As to claims 30, 32, 42, and 14, Shaw discloses the invention substantially as claimed. However, Shaw is silent about further comprising a plurality of tail units each having a first end connected to the rear portion of one of the plurality of wall blocks, a second end opposite the first end, and at least one neck portion extending between the first end and the second end. Sorheim et al. discloses a similar system including wall blocks (2) and further comprising a plurality of tail units (12) each having a first end (20) connected to the rear portion (6) of one of the plurality of wall blocks, a second end (21) opposite the first end, and at least one neck portion (13) extending between the first end and the second end (figures 1-4). It would have been obvious to one of ordinary skill in the art to modify the wall block of Shaw to include the tail unit as taught by Sorheim, since would provide an anchor block so that back filling and compacting is not required after each course is completed.
Response to Arguments
Applicant’s arguments with respect to claim(s) 20-48 have been considered but are moot because the new ground of rejection necessitated by amendments.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CARIB A OQUENDO whose telephone number is (571)270-7411. The examiner can normally be reached Monday-Friday, 9am-5:30pm.
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, Amber Anderson can be reached at 571-270-5281. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/CARIB A OQUENDO/Primary Examiner, Art Unit 3678
