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      COMMISSIONER'S DECISION

 

OBVIOUSNESS: Dowel Anchoring Device

 

Use of a tapered spreader member to match with the interior walls of the

expanding dowel sleeve are known. Applicant has a smooth exterior cylindrical

surface in the expanding region to attain increased holding capacity over

the prior art ribbed or ridged dowel exterior surfaces. Evidente addressed

at the Hearing, and after the Final Action, demonstrated unexpected advantages

in the new dowel.

 

Final Action: Reversed.

                  **********

 

This decision deals with a request for review by the Commissioner of

Patents of the Examiner's Final Action dated January 12, 1976, on applica-

tion 152,192 (Class 85-5.3). The application was filed on September 20,

1972, and is entitled "Straddling Dowel." The Patent Appeal Board conducted

a Hearing on August 17, 1977, at which Mr. G. Ralston represented the

applicant.

 

This application relates to a straddling dowel-type anchoring device for se-

curing the inner end of a bolt in a hole in rock or concrete. The dowel

has a smooth outer surface and a conical inner surface having a corresponding

frustro-conical spreader element. A drawing of applicant's dowel is shown

below.

            <IMG>

In the Final Action the examiner refused the application for failing to

set forth a patentable advance over the following references:

 

Canadian Patent         818,833   July  29,1969   Williams

 

       Belgian Patent          564,476   Feb.  28,1958   Bergbaustahl

 

       British Patent        1,186,035   Apr.  2, 1970   Fischer                                                    

 

       United States Patents 1,000,715   Aug.  15,1911   Caywood

 

                2,616,328   Nov.  5, 1952   Kingsmore

 

        3,042,961   July  10,1962   Tieri

 

                             2,479,075   Aug.  16,1949   Martin

 

                             3,042,094   July  3, 1962   Liljeberg

 

       The Williams patent relates to a mine roof rock anchoring device having a

       threaded rod section, a generally cone-shaped expander in threaded engagement

       with the rod section, and an expansible shell having an interior surface

       normally bearing on the peripheral surface of said expander. Figures 1 and

       6 of Williams are shown next:

                  <IMGS>

       Caywood relates to an expansion wall plug adapted to be inserted in an

       opening in a wall. Figure 1 from his disclosure is shown below.

       <IMG>

 

Fischer and Bergbaustahl both relate to mounting bolts capable of anchorage

in a bore. The expanding section has peripheral serrations which grip the

surrounding cavity walls. Figure 4 of Fischer is shown.

 

                       (See formula 1)

 

Kingsmore discloses an anchoring device where the expansion of the inserted

portion is brought about by means of an inserted bolt. Figure 3(a) is repro-

duced next.

 

                     (See formula 2)

 

Liljeberg and Martin both relate to locking means for bolts wherein a threaded

receiving cavity utilizes a locking screw expanding means to retain the

hollow bolt in position.

 

The Tieri patent is for an ophthalmic mounting hinge using a soft deformable

expansion hinge pin tube.

 

In the Final Action the examiner gave the following reasons (inter alia) for

making the rejection:

 

       ...

 

       Caywood discloses an expanding sleeve with a cylindrical middle

       portion, a tapered enlarged head, and a bevelled forward end

       on the outside, similar to applicant's device. The spreading

       portion is grooved on the outside and has a square tapered

       interior chamber to house an expander wedge, which features

       differ from the applicant's device.

 

       Kingsmore is suggestive of applicant's device in that the leading

       end is rounded and thus reduced; the taper of the frustro-

       conical bore of the sleeve and the taper of the expander member are

       close, though not the same, and the middle portion of the sleeve

       is cylindrical and smooth or provided with raised ridges as in

       Figure 3a.

 

       Tieri's sleeve, particularly as shown in Figure 2, is suggestive

       of the applicant's sleeve in that it has a cylindrical middle

       portion, a cylindrical leading end of reduced diameter, a tapered

       enlarged head, and a tapered bore. However, Tieri's device is

       not slotted and the expanding member is cylindrical, unlike

       applicant's device.

 

       Martin discloses screw locking means which comprises a tapered hole

       in a screw member and a correspondingly tapered frustro-conical

       expanding member, thus showing one of the main features of applicant's

       device.

 

       Liljeberg employs the feature mentioned above for a locking screw,

       and radial slots in the expanding range of the screw.

 

       Fischer discloses an anchor bolt having features common with the

       applicant's device, such as an expanding sleeve member slotted in its

       expanding range, and an expansion member with a conical point which

       matches the conical restriction in the sleeve member.

 

       The Bergbaustahl patent discloses a rock bolt having a frustro-

       conical threaded end adapted to engage an expansion sleeve having a

       similarly tapered threaded hole therein to co-act with said bolt

       end. The sleeve has slots and the end faces thereof are chamfered.

 

       Williams discloses a rock anchoring device which utilizes a cone

       shaped expanding nut axially movable by a threaded rod, to expand

       a slotted expansible shell having smooth cylindrical outer surface

       and an axial bore tapered the same way as said cone. The disclosure

       states, on page 1, paragraph 3:

 

            "A problem has been encountered in cases where the rock

            formation is soft or resilient, or when the bolt is

            installed in concrete not yet fully cured."

 

...        

 

       In his response to the Final Action the applicant submitted an affidavit and

       had this to say (in part):

 

            In the Official Action of January 12th, 1976 top of page 2 the

            Examiner summarizes Applicants' invention in six (6) lines.

 

    This is an over-simplification of the invention. The invention has

    the characteristics actually defined in the Patent Claim. To reduce

    the Patent Claim which covers two (2) pages, to six (6) lines under-

    mines the entire purpose of Patent Claim drafting and prosecution.

 

    If it were possible to define a complex invention of this nature

    in six (6) lines, then the work of Patent Agents, and Examiners

    would be greatly simplified. Experience indicates that it is not

    possible to simplify inventions to this point.

 

    What possible purpose is there in drafting Patent Claims if they

    are simply going to be ignored by the Examiner? If a Judge of the

    Federal Court, in a Patent lawsuit were to proceed on this basis, his

    reasons for judgment would be severely criticized on Appeal. It is also in-

    structive to compare the Official Action of January 12th, 1976 top

    of page 2 with the Official Action of May 7th, 1975 on the bottom

    of page 1 to the middle of page 2. It would be noted that in the May 7th,

    1975 Official Action, the Examiner has picked out ten (10) distinctive

    features of the invention. In the more recent of January 12th, 1976 Official

    Action, the Examiner has picked out only two (2).

 

    In this respectful submission both Official Actions fall into the

    error of over-simplification, and of ignoring the actual wording of

    the Patent Claim. Of the two, however, the Official Action of May 7th,

    1975 is certainly to be preferred.

 

    ...

 

    Again, it is noted that these four references are only cited as dis-

    closing the single feature of the matching taper. The other features

    of Applicant's invention are clearly absent. It is this respectful

    submission simply a matter of mosaicing of Patents to produce a composite

    image of Applicant's invention. There is nowhere in any of these Patents

    a teaching that a specific feature might be adapted from one Patent to

    another. There is nowhere any suggestion that the feature of for example

    the use of matching tapers is an improvement over earlier expanding

    devices.

 

    The newly cited Patents represent merely a selection made by the Examiner

    for the purpose of supporting a pre-conceived argument. This is

    totally the wrong approach to the question of Patentable subject matter.

    It has been laid down over and over again that all of the prior art

    must be reviewed to determine whether or not Patentable subject matter

    exists in any particular invention as at the date when the invention

    was made.

 

    In this respectful submission, the Examiner has not done this in the

    present Application. Having read Applicant's invention and thoroughly

    understood it, he has simply gone to the shelves of the Patent Office

    and selectively pulled out those Patents which he felt revealed the

    individual features claimed in respect to Applicant's invention.

 

We have carefully studied the prosecution of this application, and considered

the extensive remarks made at the Hearing by Mr. Ralston.

 

The issue to be considered by the Board is whether or not the applicant has

made a patentable advance in the art over the cited references.

 

According to the applicant his device provides greatly increased pull-out

resistance over that of the prior art by:

 

1) matching the tapering angle of the interior of the expanding range

with the taper of the frustro-conical expansion member.

 

2) provision of a smooth cylindrical exterior surface in the expanding

range free of any ridges or ribs.

 

3) provision of a reduced diameter portion at the inner end of the expan-

sion range so that the inner end of the expansion range of the dowel

does not immediately come into contact with the rock until the expansion

member has been driven substantially into the expanding range of the

dowel.

 

Considering the first feature, a spreader member tapered to match with the

interior walls of the dowel sleeve, we find that to be a well known form to

accomplish dowel expansion. Dowel expansion in Fischer, Bergbaustahl, Caywood

and Kingsmore is attained in a similar manner.

 

The use of a smooth cylindrical exterior surface in the expanding range of the

plug was represented by the applicant as a major factor for increased holding

capacity. He argued that when the prior art uses ridges or ribs on the outer

expanding surface, this causes stress peaks which pulverize the hole wall

surface, and gives poorer holding capabilities than expected. Looking at

Williams we find his rock bolt anchor uses a smooth wall exterior shell to bind

against the bore hole surface, but Williams does not indicate this results

in superior holding power. It appears that Williams is concerned with the

prior art rock anchoring arrangements where the expander cone pulled through

the shell, and he devised an abutting shoulder in the shell to overcome that

problem. Granted, Williams discloses a different kind of anchor which is

expanded from the inside of the hole, with the expander moving to the hole

surface, as compared to what is done in this application in which the expander

moves away from the hole surface. Nevertheless the concept of a smooth cylindrical

exterior is illustrated.

 

The third feature stressed by the applicant is the reduced outer diameter

portion at the end of the expanding members. Tieri does disclose the use

of a reduced end diameter in his deformable cylindrical hinge member, but

this is in a rivetted hinge construction. We find no comparable reduced end

diameter in the remainder of the cited art.

 

An affidavit by Mr. Christian Giesler (an engineer with Hilti) was submitted

with the request for review. According to this affidavit, increased holding

power of the applicant's dowel results from the combination of the three re-

ferred to above. However there was no test data in the affidavit to support

the claims for increased holding power, and at the Hearing Mr. Ralston was

asked to submit this data. We have now received that information, and con-

sidered them in conjunction with the arguments presented at the Hearing and

the affidavit.

 

From the new data it appears that the average holding power of the applicant's

dowel, when compared to ribbed or ridged dowels, is 12 to 58% greater. From

the HILTI International Technical Information Bulletin, NR667-13, page 4,

Section 5.1, we reproduce the following chart to illustrate that point.

 

Size                  Average holding power *        

                      HKD                       TZD

 

1/4 W (M6)        2100 lb   (950 kp)         1320 lb  (600 kp)

5/16 W (M8)       3000 lb   (1350 kp)        2400 lb  (1100 kp)

3/8 W (M10)       4300 lb   (1950 kp)        3850 lb  (1750 kp)

1/2 W (M12)       6400 lb   (2900 kp)        5000 lb  (2300 kp)

5/8 W (M16)       8000 lb   (3650 kp)        7150 lb  (3250 kp)

3/4 W (M20)       13000 lb  (5900 kp)        10500 lb (4800 kp)

 

We conclude that the smooth external cylindrical surface with the matching

internal expanding surfaces and a reduced outer end portion of the cylinder

does produce increased holding power.

 

Claim 1 was amended in the response to the Final Action. This claim now

reads as follows:

 

A straddling dowel comprising a metallic sleeve having a lead-

ing end, which is inserted first into a bore hole formed to

receive the dowel, and a trailing end and forming a continuous

bore extending between the leading and trailing ends, said

sleeve having a spreading range extending rearwardly from its leading

end so that said sleeve can be spread radially outwardly and

anchored to the surface of the bore hole, said sleeve having slots

extending in the axial direction for a portion of its length from

the leading end and the axial length of said slots approximately

determining the axial length of the spreading range of said metallic

sleeve, and a spreader insertable into the continuous bore from

the trailing end and displaceable within the bore toward the leading

end for effecting the spreading action, wherein the improvement com-

prises that the surface of the continuous bore is tapered in a frusto-

conical shape for an axially extending portion thereof from the

leading end with said tapered surface diverging in the direction of

the trailing end and terminating adjacent to and spaced forwardly

of the trailing ends of said slots, the outer surface of said sleeve

in its spreading range from the leading end presenting a smooth

rounded surface in the circumferential direction, said spreader

having a frusto-conically shaped, axially extending portion extend-

ing rearwardly from its end which is located closer to the leading

end of the bore and which effects the spreading action within the

spreading range of said sleeve, the frusto-conically shaped portion

of said spreader having an angle of taper corresponding to the angle

of taper of the frusto-conically shaped tapered portion of said bore at

the trailing end thereof so that the frusto-conically shaped portion

of said spreader seats in closely fitting surface contact with the

correspondinbly shaped surface of said bore before it is driven

forwardly through the tapered surface of said bore whereby to ensure

even expansion of said sleeve in said spreading range to an enlarged

diameter which is essentially the same throughout said spreading

range, after driving in of said spreader, the axial length of the frusto-

conically shaped portion of said spreader being a fractional part of

the axial length of said tapered surface at the leading end of the

said bore so that prior to driving said spreader forwardly toward

the leading end for effecting the spreading action, its end closer to

the leading end of the bore is spaced rearwardly from the leading end,

the outer surface of said sleeve for an intermediate portion thereof

spaced from its leading and trailing ends and extending into the

spreading range has a cylindrically shaped surface, the forward end

of the outer surface of said sleeve between the leading end and the

cylindrically shaped surface of said intermediate portion being spaced

radially inwardly from a projection of the cylindrically shaped

surface and having a minimum diameter such that the leading end is not

widened to more than the diameter of the bore hole upon completion

of the spreading action and the axial length of the forward end of the

outer surface being not greater than the axial distance which the

end of said spreader located closer to the leading end of said sleeve

is spaced rearwardly from the leading end when it is in position in

contact with the tapered surface therein and before it is driven forward-

ly toward the leading end, and the plane of the surface of the projection

of the cylindrically shaped portion is, at its junction with the

cylindrically shaped portion disposed angularly relative to the

cylincrically shaped portion.

 

This claim includes the features discussed above. The new data with respect to

the increased pullout resistance was not before the Canadian examiner when he

made his assessment of patentability. In view of it we conclude that a certain

degree of unobviousness is present, and that amended claim 1 is clear of the

objection made in the Final Action. We consequently recommend that amended

claim 1 and dependent claims 2, 3 and 4 be accepted.

 

G.A. Asher

Chairman

Patent Appeal Board, Canada

 

Having reviewed the prosecution of this application, and considered the

amendment proposed, and the new test results provided by the applicant,

I direct that the application be returned to the examiner. Prosecution

should be resumed on the basis that the amendment overcomes the previous ob-

jections made by the examiner.

 

J.H.A. Gariepy

Commissioner of Patents

 

Agent for Applicant

 

G.A. Rolston

P.O. Box 2075

20 Eglinton Ave W.

Yonge-Eglinton Centre

Toronto, Ont.

M4R 1K8

 

Dated at Hull, Quebec

this 18th. day of November, 1977

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