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
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Stutts, US 6,904,728.
Regarding claim 1:
Stutts discloses an anchor for lifting precast concrete, the anchor comprising:
a shaft defining a first end, a second end, and a longitudinal axis; and
a circular plate coupled to and disposed at the second end of the shaft, the circular plate oriented perpendicular to the longitudinal axis,
wherein the shaft defines an opening extending from the first end of the shaft towards the second end of the shaft in a direction generally parallel with the longitudinal axis, the opening having a sidewall with a helical thread, wherein the shaft comprises an outer sidewall extending from the first end to the second end, wherein the outer sidewall defines a constant diameter, and wherein no portion of the circular plate extends around the shaft.
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Regarding claim 2:
Stutts discloses wherein the circular plate is welded to the shaft (12th paragraph).
Regarding claim 3:
Stutts clearly discloses a circular plate having a circularity of at least 0.95. The circle is approximately a perfect circle (Fig. 3 of Stutts reproduced above).
Regarding claim 4:
Stutts clearly discloses wherein the shaft defines a height H and the opening defines a depth D, as measured from the first end of the shaft to a bottom wall of the opening, and wherein D is in a range between 0.25 H and 1.0 H.
Regarding claim 5:
Stutts discloses wherein the opening comprises a bottom wall spaced apart from the first end of the shaft, and wherein the helical thread extends from the first end of the shaft (the first end includes the interior cone 44) to a location adjacent to the bottom wall of the opening (adjacent includes “near to” as taught by Stutts) .
Regarding claim 6:
Stutts discloses wherein a diameter of the shaft is constant between the first and second ends of the shaft.
Allowable Subject Matter
Claims 7-8 and 10-15 are allowable.
Response to Arguments
Applicant’s arguments with respect to the claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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 BRENT W HERRING whose telephone number is (571)270-3661. The examiner can normally be reached Monday-Thursday 7:30a-6:00p MT.
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 Glessner can be reached at (571)272-6754. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRENT W HERRING/Primary Examiner, Art Unit 3633
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