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 .
Election/Restrictions
Applicant’s election without traverse of s 1-11 and 20 in the reply filed on 07/01/2026 is acknowledged.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 02/04/2026 and was considered by the examiner.
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)(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.
Claims 1, 5, 6, 7, and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Patton US4711058.
Claim 1. Patton discloses a form extender (20) for concrete construction, comprising: a first portion of material (22) extending along a length dimension and having a height in an orthogonal vertical direction; a second portion of the material (24) connected to a first top edge of the first portion at a first bend, the second portion oriented at a first interior angle relative to the first portion; a third portion of the material (26) connected to the second portion at a second bend, the third portion oriented at a second interior angle relative to the second portion, wherein the third portion extends in the vertical orthogonal direction; and a fourth portion of the material (28) connected to the third portion at a third bend, the fourth portion oriented at an exterior angle relative to the third portion, wherein the third bend defines a grip space between the third portion and the first portion; wherein the second portion, third portion, and grip space create a tension-based attachment portion (defined by the channel formed between 22 and 26) configured to removably secure to at least one form member of a concrete form that is positioned within the grip space; and wherein the first portion provides a form extension surface that is configured to maintain continuity with the at least one form member (as shown in Fig.4).
Claim 5. Patton discloses the second portion (24) has at least one edge that is angled relative to the length dimension, the angled edge configured to create a corner transition in the concrete form (as shown in Fig.3).
Claim 6. Patton discloses the second portion, third portion, and fourth portion include a notched portion configured to accommodate obstacles while maintaining form continuity (illustrated by the left 20 in Fig.3).
Claim 7. Patton discloses the form extender (20) is shaped to remain secured to the form member during concrete (44) pouring, based on the tension-based attachment portion securing the form extender to the form member without using an additional fastener (as shown in Fig.6).
Claim 8. Patton discloses the first interior angle ranges from approximately 88 degrees to approximately 92 degrees, inclusive (between 22 and 24 of Fig.3); the second interior angle ranges from approximately 90 degrees to approximately 95 degrees, inclusive (between 24 and 26); and the exterior angle ranges from approximately 35 degrees to approximately 45 degrees, inclusive (shown clearly in Fig.6). Note that while patent drawings are not drawn to scale, relationships clearly shown in the drawings of a reference patent cannot be disregarded in determining the patentability of the claims.
Claim Rejections - 35 USC § 103
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.
Claims 2-4, 9-11, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Patton US4711058 as applied to claim 1 above.
Claim 2. Patton discloses the material is a metallic sheath but is silent on being one of stainless steel or galvanized steel, having a thickness of 18 gauge to 20 gauge. It would have been obvious to one of ordinary skill in the art before the filing date of the instant invention to use a stainless steel of 18 to 20 gauge for its resistant to corrosion and rigidity. Furthermore, 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.
Claim 3. Patton as modified discloses the thickness provides a profile of the form extender attached to the at least one form member that permits a screeding tool to create a concrete surface without the screeding tool creating an irregularity at a location of the form extender. It has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations.
Claim 4. Patton fails to disclose the height of the first portion is selected from a set of lumber heights of 2x4, 2x6, 2x8, or 2x10 lumber. It would have been obvious to one of ordinary skill in the art before the filing date of the instant invention to provide the first portion with the disclosed dimension with the motivation of being used with cheaper lumber, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art.
Claim 9-11. Patton fails to disclose the length dimension ranges from approximately 11 inches to approximately 60 inches, inclusive; or the height in the vertical direction of the first portion is provided from one of: approximately 3.5 inches, approximately 4.5 inches, approximately 5.5 inches, or approximately 6.5 inches; or the grip space has a width dimension ranging from approximately 1.5 inches to approximately 2.1 inches, inclusive. However, It would have been obvious to one of ordinary skill in the art before the filing date of the instant invention to provide a form extender with a dimension as claimed with the motivation of been used with various forms. Furthermore, 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.
Claim 20. Patton discloses a form extender (20), comprising: a body including at least first (22), second (24), and third (26) portions, wherein each of the first and second portions is substantially planar (Fig.3-4), the first and second portions are connected at a first bend, and the second portion and third portions are connected at a second bend (Fig.3-6);wherein; and the first, second, and third portions cooperate to form an integral tension-based attachment, such that the form extender can be attached to form members of a concrete construction form (as shown in Fig.6) but fails to disclose the second bend forms an acute angle between the second and third portions.
It would have been obvious to one of ordinary skill in the art before the filing date of the instant invention to provide an acute angle with the intension of providing a tighter grip on the forms so that no other fastener would be required, as a person with ordinary skill has good reason to pursue known options within his or her technical grasp.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Refer to attached NOTICE OF REFERENCE CITED.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BABAJIDE A DEMUREN whose telephone number is (571)270-7017. The examiner can normally be reached Mon-Fri 9am-5pm.
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 5712726754. 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.
BABAJIDE A. DEMUREN
Primary Examiner
Art Unit 3633
/BABAJIDE A DEMUREN/Primary Examiner, Art Unit 3633
Prosecution Insights