DETAILED ACTION
In response to remarks filed on 26 August 2026
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 26 August 2026 has been entered.
Status of Claims
Claims 1-3, 5-8, 10 and 13 are pending;
Claims 1, 6, 7 and 13 are currently amended;
Claims 2, 3, 5, 8 and 10 were previously presented;
Claims 4, 9, 11, 12, 14 and 15 are cancelled;
Claims 1-3, 5-8, 10 and 13 are rejected herein.
Response to Arguments
Applicant’s arguments filed on 26 August 2026 have been fully considered and they are moot since a new set of references is being used to reject the claims.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1, 2, 3, 5, 10 and 13 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
As to Claim 1, the claim recites “the pile has voids and drill holes at predetermined locations”. It is unclear whether the voids and/or drill holes were already there as part of the damage or if the voids and/or drill holes were purposely made in a damaged surface of the timber pile as part of a repair process. Appropriate correction is required.
As to Claims 2, 3, 5, 10 and 13, the dependency path among these dependent claims does not lead to an independent claim. Claim 13 should depend on Claim 1 and will be treated as such. Appropriate correction is required.
The dependent claims are also rejected for depending on a rejected claim.
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 1, 2, 6-8, 10 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Owen et al (U.S. Patent No. 5,175,973) in view of Trader et al (U.S. Patent No. 6,536,991).
As to Claim 1, Owen discloses a support for a railway bridge comprising:
A used and damaged timber pile (4) having defects, the pile has voids and drill holes at predetermined locations (Column 3, Lines 9-34: “The invention provides a method of repairing poles (assuming the damaged area is at or near the point where the pile enters the ground)… This clean-up includes the step of removing surface decay… An important step is to cut away the damaged wood, back to solid, undamaged wood. The cut can either be a curf type cut or can be a clear cut completely around the column in either a wedge shape or column type cut… The pole may be treated with a fumigant which is pumped into the pole through holes dispersed around the decay area”; Column 6, Lines 61-65: “After cleaning and prior to coating, the pole may be treated with fumigant to kill any biological agents. Holes are drilled into the pole; dispersed about the decay area. Next, a fumigant is pumped into the pole, and filler material fills the holes”), the timber pile under compressive load from the railway bridge (Column 5, Lines 39-44: “The present invention describes a method of repairing wooden support structures, in particular, wooden piling. Although the stresses that are applied to a bridge or trestle piling are difference than those applied to a utility pole, the common denominator to both pilings and poles is the wood of which each is made”);
A sheath (3) positioned about the pile (4) and in spaced relation to the pile to define a gap (Space occupied by 8) between the sheath (3) and the pile (4); and
A cured polymer (8; Column 14, Lines 25-36: “Although concrete, in particular PYRAMENT cement or other equivalent fume silica quick setting cement with a compressive strength of greater than 6,000 psi has been listed as the preferred embodiment, any type of resin, concrete, or other type of filler material can be used that has a compressive strength greater than the wood itself, and that does not have any adverse reactions with the bonding agents or resins used in the composite repair. The quick setting filler material is poured into the form, and after it is set the form is removed. Next, the composite wraps are installed”; Column 6, Lines 61-65: “Holes are drilled into the pole; dispersed about the decay area. Next, a fumigant is pumped into the pole, and filler material fills the holes”) disposed between the sheath (3) and the pile (4) and disposed in the drill holes and permeated into the voids and defects of the pile (Column 6, Lines 61-65: “Holes are drilled into the pole; dispersed about the decay area. Next, a fumigant is pumped into the pole, and filler material fills the holes”), the support withstands loads and yields a displacement while under loads (It is inherent that bridge piling is subject to loads and yields displacements).
However, Owen is silent about the pile wrapped with wire, the sheath positioned about the wire and the pile. Trader discloses a wooden pile (12, 43) wrapped with wire (33), and a sheath (26) positioned about the wire and the pile. Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to wrap the pile with wire. The motivation would have been to provide reinforcements to the gap filled with repair material.
Lastly, Owen as modified (See above paragraph) does not explicitly teach that the pile withstands loads between 150 KIPS and 300 KIPS but not more than 300 KIPS and yields a displacement of less than 1.5 inches while under loads of between 150 KIPS and 300 KIPS. One of ordinary skill in the art would recognize that it is well-known to design pile structures to withstand loads depending on the prospective use of the structure. Therefore, before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to design the pile to withstand loads between 150 KIPS and 300 KIPS but not more than 300 KIPS and yields a displacement of less than 1.5 inches while under loads of between 150 KIPS and 300 KIPS with the motivation of withstanding loads as deemed by project requirements.
As to Claim 2, Owen as modified teaches the invention of Claim 13 (Refer to Claim 13 discussion). Owen as modified also teaches wherein the sheath (Owen: 3) is a wire mesh or a sheet (Owen – Column 4, Lines 42-45: “comprise a quantity of fiberglass mats which are supplied in strips 3 of approximately six feet in length by sixteen to eighteen inches in width”.
As to Claim 6, Owen discloses a method for reinforcing a railway bridge comprising the steps of:
Drilling holes into prechosen locations in a used and damaged timber pile (4) having defects (Column 3, Lines 9-34: “The invention provides a method of repairing poles (assuming the damaged area is at or near the point where the pile enters the ground)… This clean-up includes the step of removing surface decay… An important step is to cut away the damaged wood, back to solid, undamaged wood. The cut can either be a curf type cut or can be a clear cut completely around the column in either a wedge shape or column type cut… The pole may be treated with a fumigant which is pumped into the pole through holes dispersed around the decay area”; Column 6, Lines 61-65: “After cleaning and prior to coating, the pole may be treated with fumigant to kill any biological agents. Holes are drilled into the pole; dispersed about the decay area. Next, a fumigant is pumped into the pole, and filler material fills the holes”), the timber pile in place below the railway bridge and under tension from the railway bridge (Column 5, Lines 39-44: “The present invention describes a method of repairing wooden support structures, in particular, wooden piling. Although the stresses that are applied to a bridge or trestle piling are difference than those applied to a utility pole, the common denominator to both pilings and poles is the wood of which each is made”);
Positioning a sheath (3) about the pile (4) and in spaced relation to the pile (4) to define a gap (Space occupied by 8) between the sheath (3) and the pile (4);
Pouring a polymer (8; Column 14, Lines 25-36: “Although concrete, in particular PYRAMENT cement or other equivalent fume silica quick setting cement with a compressive strength of greater than 6,000 psi has been listed as the preferred embodiment, any type of resin, concrete, or other type of filler material can be used that has a compressive strength greater than the wood itself, and that does not have any adverse reactions with the bonding agents or resins used in the composite repair. The quick setting filler material is poured into the form, and after it is set the form is removed. Next, the composite wraps are installed”; Column 6, Lines 61-65: “Holes are drilled into the pole; dispersed about the decay area. Next, a fumigant is pumped into the pole, and filler material fills the holes”) so the polymer when cured is disposed between the sheath (3) and the pile (4) and in the drill holes in the pile and permeated into voids and defects of the pile (Column 6, Lines 61-65: “Holes are drilled into the pole; dispersed about the decay area. Next, a fumigant is pumped into the pole, and filler material fills the holes”); and
Allowing the polymer to cure, the timber pile (4) with the polymer (8) when cured withstands loads and yields a displacement while under loads (It is inherent that bridge piling is subject to loads and yields displacements).
However, Owen is silent about wrapping wire about the pile, positioning the sheath about the wire and the pile. Trader discloses a wooden pile (12, 43) wrapped with wire (33), and a sheath (26) positioned about the wire and the pile. Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to wrap the pile with wire. The motivation would have been to provide reinforcements to the gap filled with repair material.
Lastly, Owen as modified (See above paragraph) does not explicitly teach that the pile withstands loads between 150 KIPS and 300 KIPS but not more than 300 KIPS and yields a displacement of less than 1.5 inches while under loads of between 150 KIPS and 300 KIPS. One of ordinary skill in the art would recognize that it is well-known to design pile structures to withstand loads depending on the prospective use of the structure. Therefore, before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to design the pile to withstand loads between 150 KIPS and 300 KIPS but not more than 300 KIPS and yields a displacement of less than 1.5 inches while under loads of between 150 KIPS and 300 KIPS with the motivation of withstanding loads as deemed by project requirements.
As to Claim 7, Owen discloses a method for building a support for a structure railway bridge comprising the steps of:
Placing a sheath (3) about a used and damaged timber pile (4) having defects (Column 3, Lines 9-34: “The invention provides a method of repairing poles (assuming the damaged area is at or near the point where the pile enters the ground)… This clean-up includes the step of removing surface decay… An important step is to cut away the damaged wood, back to solid, undamaged wood. The cut can either be a curf type cut or can be a clear cut completely around the column in either a wedge shape or column type cut… The pole may be treated with a fumigant which is pumped into the pole through holes dispersed around the decay area”; Column 6, Lines 61-65: “After cleaning and prior to coating, the pole may be treated with fumigant to kill any biological agents. Holes are drilled into the pole; dispersed about the decay area. Next, a fumigant is pumped into the pole, and filler material fills the holes”) while the timber pile is in place supporting the railway structure (Column 5, Lines 39-44: “The present invention describes a method of repairing wooden support structures, in particular, wooden piling. Although the stresses that are applied to a bridge or trestle piling are difference than those applied to a utility pole, the common denominator to both pilings and poles is the wood of which each is made”) so a gap (Space occupied by 8) is defined between the sheath (3) and the pile (4) to create a reinforced timber pile;
Drilling holes in the pile (Column 6, Lines 61-65: “After cleaning and prior to coating, the pole may be treated with fumigant to kill any biological agents. Holes are drilled into the pole; dispersed about the decay area. Next, a fumigant is pumped into the pole, and filler material fills the holes”);
Filling the gap (Space occupied by 8) between the sheath (3) and the pile with a polymer (8; Column 14, Lines 25-36: “Although concrete, in particular PYRAMENT cement or other equivalent fume silica quick setting cement with a compressive strength of greater than 6,000 psi has been listed as the preferred embodiment, any type of resin, concrete, or other type of filler material can be used that has a compressive strength greater than the wood itself, and that does not have any adverse reactions with the bonding agents or resins used in the composite repair. The quick setting filler material is poured into the form, and after it is set the form is removed. Next, the composite wraps are installed”; Column 6, Lines 61-65: “Holes are drilled into the pole; dispersed about the decay area. Next, a fumigant is pumped into the pole, and filler material fills the holes”);
Allowing the polymer (8) to permeate into voids and defects of the pile and the holes (Column 6, Lines 61-65: “Holes are drilled into the pole; dispersed about the decay area. Next, a fumigant is pumped into the pole, and filler material fills the holes”); and
Letting the polymer (8) cure, the pile when the polvmer is cured withstand loads and yields a displacement while under loads (It is inherent that bridge piling is subject to loads and yields displacements).
However, Owen is silent about the pile wrapped with wire, the sheath positioned about the wire and the pile. Trader discloses a wooden pile (12, 43) wrapped with wire (33), and a sheath (26) positioned about the wire and the pile. Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to wrap the pile with wire. The motivation would have been to provide reinforcements to the gap filled with repair material.
Lastly, Owen as modified (See above paragraph) does not explicitly teach that the pile withstands loads between 150 KIPS and 300 KIPS but not more than 300 KIPS and yields a displacement of less than 1.5 inches while under loads of between 150 KIPS and 300 KIPS. One of ordinary skill in the art would recognize that it is well-known to design pile structures to withstand loads depending on the prospective use of the structure. Therefore, before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to design the pile to withstand loads between 150 KIPS and 300 KIPS but not more than 300 KIPS and yields a displacement of less than 1.5 inches while under loads of between 150 KIPS and 300 KIPS with the motivation of withstanding loads as deemed by project requirements.
As to Claim 8, Owen as modified teaches the invention of Claim 7 (Refer to Claim 7 discussion). Owen as modified also teaches including the step of positioning a form (Owen – Column 14, Lines 18-25: “Next, a temporary form is set up and clamped about the pole. This temporary form can be a cardboard tube which can be discarded after use, such as is commonly used for pouring foundation fitters, or it can be a segmented metal sleeve such as is also commonly used in the construction industry for footers and columns. The high strength liquid compressive material is then mixed and poured into the form”) about the reinforced timber pile.
As to Claim 10, Owen as modified teaches the invention of Claim 5 (Refer to Claim 5 discussion). Owen as modified also teaches wherein the pile (Owen: 4) is supporting a vertical load.
As to Claim 13, Owen as modified teaches the invention of Claim 12 (Refer to Claim 12 discussion). Owen as modified also teaches wherein the drill holes (Owen - Column 6, Lines 61-65: “Holes are drilled into the pole; dispersed about the decay area. Next, a fumigant is pumped into the pole, and filler material fills the holes”) extend through the cross-section of the pile.
Claims 3 and 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Owen et al (U.S. Patent No. 5,175,973) in view of Trader et al (U.S. Patent No. 6,536,991); and further in view of Ehsani (U.S. Patent No. 8,650,831).
As to Claim 3, Owen as modified teaches the invention of Claim 2 (Refer to Claim 2 discussion). However, Owen as modified is silent about metal bars disposed between the pile and the sheath and in the cured polymer. Ehsani discloses including metal bars (210) disposed between the pile and the sheath and in the cured polymer. Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to provide metal bars disposed between the pile and the sheath and in the cured polymer. The motivation would have been to maintain a gap between the sheath and pile.
As to Claim 5, Owen as modified teaches the invention of Claim 3 (Refer to Claim 3 discussion). However, Owen as modified is silent about spacers disposed between the pile and the sheath. Ehsani discloses including spacers (340) disposed between the pile and the sheath. Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to provide spacers disposed between the pile and the sheath. The motivation would have been to maintain a gap between the sheath and pile.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EDWIN J TOLEDO-DURAN whose telephone number is (571)270-7501. The examiner can normally be reached Monday through Friday: 10:00AM to 6:00PM EST.
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/EDWIN J TOLEDO-DURAN/Primary Examiner, Art Unit 3678
