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 .
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.
(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) 1-11, 15-16, 20 is/are rejected under 35 U.S.C. 102(a)(1) as being unpatentable over Inspire DIY.
Regarding claim 1, Inspire DIY discloses a method of forming a connection between concrete articles (Description: “In this video I’ll show you how I pour a new section of concrete next to some old concrete and have them join together so they don’t sink or lift, and no gaps or cracks, and never open up”), the method comprising:
affixing one or more first fasteners to a first concrete article (Timestamp: 02:46. A rebar member is inserted into one side of a concrete slab);
affixing one or more second fasteners to a second concrete article (Timestamp: 02:53. A rebar member is inserted into a side of an adjacent concrete slab);
and forming one or more concrete patches around the one or more first fasteners and the one or more second fasteners and spanning between the first concrete article and the second concrete article, thereby forming a connection that substantially prevents movement of the first concrete article relative to the second concrete article (Timestamp: 04:09. Concrete is applied between the existing concrete over the rebar).
Regarding claim 2, Inspire DIY discloses affixing one or more connecting elements between the one or more first fasteners and the one or more second fasteners before forming the one or more concrete patches (Timestamp: 03:39. Ties are arranged attaching rebar members together);
and wherein the one or more concrete patches are formed around the one or more first fasteners, the one or more second fasteners, and the one or more connecting elements (Timestamp: 04:09. Concrete is applied between the existing concrete over the rebar and associated ties).
Regarding claim 3, Inspire DIY discloses wherein, under load, the one or more connecting elements confer tensile strength to the connection and the one or more concrete patches confer compressive strength to the connection (Rebar is known in the art to support a tensile load);
and wherein the one or more connecting elements enable flexing of the connection under load (The rebar ties are capable of functioning in this manner).
Regarding claim 4, Inspire DIY discloses wherein, together, the one or more connecting elements and the one or more concrete patches minimize rotation of the first concrete article and/or the second concrete article about the connection, and wherein the connection is a substantially moment-resisting connection (The newly applied concrete patch will prevent the existing concrete from shifting).
Regarding claim 5, Inspire DIY discloses applying a bonding agent to the first concrete article and/or the second concrete article before forming the one or more concrete patches (Timestamp: 03:56. A cement/water-based bonding agent is applied).
Regarding claim 6, Inspire DIY discloses wherein the bonding agent is acrylic-based, epoxy-based, latex- based, water-based, cementitious-based, or any combination thereof (See id).
Regarding claim 7, Inspire DIY discloses wherein forming each of the one or more concrete patches comprises:
providing a wet concrete mixture around the one or more first fasteners and the one or more second fasteners and spanning between the first concrete article and the second concrete article (Timestamp: 04:09. Concrete is applied between the existing concrete overtop of the rebar);
and curing the wet concrete mixture (Concrete inherently starts curing shortly after being poured).
Regarding claim 8, Inspire DIY discloses wherein the first concrete article and the second concrete article have a same or different composition (The two existing concrete slabs appear to be similar);
and wherein each of the one or more concrete patches independently have a same or different composition as the first concrete article and/or the second concrete article (The newly applied concrete appears to have a similar composition as the existing concrete).
Regarding claim 9, Inspire DIY discloses wherein the first concrete article and the second concrete article are coplanar and spaced apart, and wherein the connection spans a coplanar space between the first concrete article and the second concrete article (Timestamp: 04:09. The newly applied concrete is coplanar with the existing concrete and spaced apart);
and wherein the first concrete article and the second concrete are spaced apart by from about 1.5 inches to about 6 feet (The two existing slabs have portions that are within the prescribed range).
Regarding claim 10, Inspire DIY discloses wherein the first concrete article and the second concrete article are immediately adjacent and/or positioned at an angle, and wherein the connection spans diagonally between the first concrete article and the second concrete article; and wherein, when the first concrete article and the second concrete article are positioned at an angle, said angle is from about 5° to about 175° (The two existing slabs are separated by a 90-degree angle. The newly poured concrete exists in the diagonal space between the slabs).
Regarding claim 11, Inspire DIY discloses wherein a distance between the one or more first fasteners and the one or more second fasteners is from about 0.5 inches to about 4 feet (Timestamp: 02:53. Rebar spacing is approximately 6-12 inches).
Regarding claim 15, Inspire DIY discloses wherein the first concrete article and/or the second concrete article is precast (The existing concrete slabs are precast);
or wherein the first concrete article and/or the second concrete article is cast in situ (The newly poured concrete is poured in place).
Regarding claim 16, Inspire DIY discloses wherein the one or more first fasteners and the one or more second fasteners each independently comprise one or more nails, screws, studs, bolts, or a combination thereof (The rebar of the prior art can broadly fall under any of these categories);
and wherein the one or more first fasteners are driven into the first concrete article and/or the one or more second fasteners are driven into the second concrete article (Timestamp: 02:50).
Regarding claim 20, Inspire DIY discloses an article formed by the method of claim 1 (See final result at end of video).
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) 12-14, 17-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Inspire DIY.
Regarding claim 12, Inspire DIY discloses the claimed invention except for wherein the first concrete article and/or the second concrete article comprises a nailable concrete composition comprising a cement in an amount of about 25 wt% to about 70 wt%, a rubber in an amount of about 15 wt% to about 35 wt%, and fine aggregates in an amount of about 10 wt% to about 35 wt% based on a total mass of dry material. It would have been obvious to one having ordinary skill in the art at the time the invention was made to provide a concrete comprising the previously listed ratios of ingredients for optimal structural integrity, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding claim 13, Inspire DIY as modified discloses the claimed invention except for wherein the rubber is virgin and/or recycled and has a particle size no greater than about 0.5 inches and comprises natural rubber, natural polyisoprene, synthetic polyisoprene, styrene-butadiene rubber, butadiene rubber, butyl rubber, halogenated butyl rubber, nitrile rubber, hydrogenated nitrile rubber ethylene propylene diene rubber, ethylene propylene rubber, chloroprene, polychloroprene, neoprene, silicone rubber, fluorosilicone rubber, fluoroelastomers, perfluloroelasomers, polyether block amides, polysulfide rubber, ethylene-vinyl acetate, chlorusulfonated polyethylene, epichlorhydrin rubber, inorganic rubber, or any combination thereof. It would have been obvious to one having ordinary skill in the art at the time the invention was made to provide a rubber having one of the previously mentioned chemical compositions for fidelity of the mixture, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. See also Ballas Liquidating Co. v. Allied industries of Kansas, Inc. (DC Kans) 205 USPQ 331.
Regarding claim 14, Inspire DIY as modified discloses the claimed invention except for wherein the nailable concrete composition further comprises water in an amount of about 20 wt% to about 40 wt% based on the water-to-cement ratio. It would have been obvious to one having ordinary skill in the art at the time the invention was made to provide water in the previously mentioned ratio range for optimal structural integrity, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding claim 17, Inspire DIY discloses a method of forming a connection between concrete articles (Description: “In this video I’ll show you how I pour a new section of concrete next to some old concrete and have them join together so they don’t sink or lift, and no gaps or cracks, and never open up”), the method comprising:
affixing one or more first fasteners to a first concrete article (Timestamp: 02:46. A rebar member is inserted into one side of a concrete slab);
affixing one or more second fasteners to a second concrete article (Timestamp: 02:53. A rebar member is inserted into a side of an adjacent concrete slab);
and affixing one or more connecting elements between the one or more first fasteners and the one or more second fasteners, thereby connecting the first concrete article to the second concrete article (Timestamp: 03:39. Ties are arranged attaching rebar members together).
However, Inspire DIY fails to disclose wherein the first concrete article and/or the second concrete article comprises a nailable concrete composition comprising a cement in an amount of about 25 wt% to about 70 wt%, a rubber in an amount of about 15 wt% to about 35 wt%, and fine aggregates in an amount of about 10 wt% to about 35 wt% based on a total mass of dry material. It would have been obvious to one having ordinary skill in the art at the time the invention was made to provide a concrete comprising the previously listed ratios of ingredients for optimal structural integrity, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding claim 18, Inspire DIY as modified discloses the claimed invention in addition to forming one or more concrete patches around the one or more connecting elements and spanning between the first concrete article and the second concrete article (Timestamp: 04:09. Concrete is applied between the existing concrete overtop of the rebar).
Regarding claim 19, Inspire DIY discloses a method of forming a connection between concrete articles (Description: “In this video I’ll show you how I pour a new section of concrete next to some old concrete and have them join together so they don’t sink or lift, and no gaps or cracks, and never open up”), the method comprising:
affixing one or more first fasteners to a first concrete article (Timestamp: 02:46. A rebar member is inserted into one side of a concrete slab);
affixing one or more second fasteners to a second concrete article (Timestamp: 02:53. A rebar member is inserted into a side of an adjacent concrete slab);
affixing one or more connecting elements between the one or more first fasteners and the one or more second fasteners, thereby connecting the first concrete article to the second concrete article (Timestamp: 03:39. Ties are arranged attaching rebar members together;
and forming one or more concrete patches around the one or more connecting elements and spanning between the first concrete article and the second concrete article (Timestamp: 04:09. Concrete is applied between the existing concrete overtop of the rebar).
However, Inspire DIY fails to disclose wherein the first concrete article and/or the second concrete article comprises a nailable concrete composition comprising a cement in an amount of about 25 wt% to about 70 wt% and a rubber in an amount of about 15 wt% to about 35 wt%. It would have been obvious to one having ordinary skill in the art at the time the invention was made to provide a concrete comprising the previously listed ratios of ingredients for optimal structural integrity, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HENRY HOOPER MUDD whose telephone number is (571)272-5941. The examiner can normally be reached Monday-Friday 8am-5pm.
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/HENRY HOOPER MUDD/Examiner, Art Unit 3642
/JOSHUA J MICHENER/Supervisory Patent Examiner, Art Unit 3642
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