DETAILED ACTION
In response to remarks filed on 3 December 2025
Status of Claims
Claims 1-3 and 4-15 are pending;
Claims 1, 6, 7 and 13 are currently amended;
Claims 2, 3, 5 and 8-10 were previously presented;
Claims 4, 11, 12, 14 and 15 are cancelled;
Claims 1-3, 5-10 and 13 are rejected herein.
Response to Arguments
Applicant’s arguments filed on 3 December 2025 have been fully considered. Applicant’s argument about the Kawada and Cassidy references were not found persuasive as Kawada was provided to show that drilling holes in piles is well-known and Cassidy was provided to show that providing a polymer within holes in a pile is also well-known. King was provided to show that drilling holes in wood and filling them with a polymer is known. Trader was incorporated to show a wire around a pile. None of the secondary references have to show each and every single claim limitation of the claim. The terms “predetermined locations” or “prechosen locations” are broad enough to read on holes made by anyone at any moment in the past since the claim does not specify when they were made. The holes in Cassidy didn’t create themselves, they were made by someone at those predetermined locations in the past. Regarding the loads and displacement limitations, examiner contends that following codes and design standards in the design of structures to achieve a desired result is an obvious matter of design choice. Additionally, the claim limitations do not specify for what this pile system is being used for nor specifies how such load requirements and displacements are achieved.
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, 6-10 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cassidy (U.S. Patent Application No. 2015/0117959) in view of Trader et al (U.S. Patent No. 6,536,991), Kawada (Japan Patent Publication No. 61102916) and King (U.S. Patent Application Publication No. 2018/0372141).
As to Claim 1, Cassidy discloses a support comprising:
A timber pile (102; Paragraph 0045: “The collar 10 and the method of the present invention may be used with piles and/or extensions of timber, concrete, metal, or other structural materials”), the pile has voids (108) and holes (112) at predetermined locations (In order for voids 108 and bolt holes 112 to exist, it is inherent that they were created at that predetermined location at some point before in time);
A sheath (10) positioned about the pile (102) and in spaced relation to the pile to define a gap (120) between the sheath and the pile; and
A cured polymer (Paragraph 0009: “With the collar secured around the extension and pile, a flowable repair material, such as an epoxy or grout, is injected through one or more of the funnels in the collar, and manipulated such that it fills the gaps between the collar and the pile and extension. The repair material has a composition such that it hardens in place. In some embodiments, the repair material has a composition such that it flows into any gaps, spaces, or holes in the pile and extension, or gaps and spaces between the pile and extension, so as to fill such gaps, spaces, and holes”; Paragraph 0042: “The repair material 118 has such a composition that it hardens in place. While the repair material 118 is still flowable (i.e., before it hardens), it is manipulated into place by hand or by tools to fill the gap 120 from the lower end 20 of the collar 10 to the upper end 18 of the collar 10. The composition of the repair material 118 may be such that, while still in a flowable state, the repair material flows into any gaps, spaces, or holes in the pile 102, extension 104, or connection 106, so as to fill such gaps, spaces, or holes (e.g., bolt hole 112 or the hollowed-out space 108). When the repair material 118 has hardened, it provides structural strength to the marine support 100 by strengthening the pile 102 and/or extension 104, and the connection 106 between the pile 102 and the extension 104”) disposed between the sheath (10) and the pile (102) and disposed in the holes (112) and permeated into the pile into the voids (108) of the pile (Figure 12).
However, Cassidy 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.
Furthermore, Cassidy as modified (See above paragraph) about whether the holes are drill holes in the sense of being made by using a drill. Kawada discloses drilling holes (11; Abstract: “To increase the bearing capacity of the tip of a pile by inserting blocks and an expandible material into plural holes drilled in the peripheral side of the pile”) at predetermined locations in a pile (2) and a material (3) disposed in the drill holes. King discloses that it is known to drill a hole (Figure 4A) in a wood structure (114) and then adding an uncured polymer (116) to the drilled hole wherein the material sets in the drilled hole. Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to provide the pile with drill holes at predetermined locations and the cured polymer also disposed in the drill holes. The motivation would have been to increase the bearing capacity of the pile.
Lastly, Cassidy 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, Cassidy as modified teaches the invention of Claim 13 (Refer to Claim 13 discussion). Cassidy as modified also teaches wherein the sheath (10) is a wire mesh or a sheet (10).
As to Claim 6, Cassidy discloses a method for reinforcing a structure comprising the steps of:
Creating holes (212) into prechosen locations (In order for voids 108 and bolt holes 112 to exist, it is inherent that they were created at that predetermined location at some point before in time) in a timber pile (102; Paragraph 0045: “The collar 10 and the method of the present invention may be used with piles and/or extensions of timber, concrete, metal, or other structural materials”);
Moving the timber pile (102) to a desired position below the structure (104, 110);
Positioning a sheath (10) about the pile and in spaced relation to the pile to define a gap (120) between the sheath and the pile, and
Pouring a cured polymer so the cured polymer is disposed between the sheath and the pile and in the holes and permeated into voids of the pile (Paragraph 0009: “With the collar secured around the extension and pile, a flowable repair material, such as an epoxy or grout, is injected through one or more of the funnels in the collar, and manipulated such that it fills the gaps between the collar and the pile and extension. The repair material has a composition such that it hardens in place. In some embodiments, the repair material has a composition such that it flows into any gaps, spaces, or holes in the pile and extension, or gaps and spaces between the pile and extension, so as to fill such gaps, spaces, and holes”; Paragraph 0042: “The repair material 118 has such a composition that it hardens in place. While the repair material 118 is still flowable (i.e., before it hardens), it is manipulated into place by hand or by tools to fill the gap 120 from the lower end 20 of the collar 10 to the upper end 18 of the collar 10. The composition of the repair material 118 may be such that, while still in a flowable state, the repair material flows into any gaps, spaces, or holes in the pile 102, extension 104, or connection 106, so as to fill such gaps, spaces, or holes (e.g., bolt hole 112 or the hollowed-out space 108). When the repair material 118 has hardened, it provides structural strength to the marine support 100 by strengthening the pile 102 and/or extension 104, and the connection 106 between the pile 102 and the extension 104”); and
Placing the support upright below the structure (104, 110).
However, Cassidy 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.
Furthermore, Cassidy as modified (See above paragraph) about whether the holes are drill holes in the sense of being made by using a drill. Kawada discloses drilling holes (11; Abstract: “To increase the bearing capacity of the tip of a pile by inserting blocks and an expandible material into plural holes drilled in the peripheral side of the pile”) at predetermined locations in a pile (2) and a material (3) disposed in the drill holes. King discloses that it is known to drill a hole (Figure 4A) in a wood structure (114) and then adding an uncured polymer (116) to the drilled hole wherein the material sets in the drilled hole. Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to provide the pile with drill holes at predetermined locations and the cured polymer also disposed in the drill holes. The motivation would have been to increase the bearing capacity of the pile.
Lastly, Cassidy 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, Cassidy discloses a method for building a support for a structure comprising the steps of:
Placing a sheath (10) about a timber pile (102; Paragraph 0045: “The collar 10 and the method of the present invention may be used with piles and/or extensions of timber, concrete, metal, or other structural materials”) so a gap (342) is defined between the sheath (10) and the pile (102) to create a reinforced timber pile;
Creating holes (112) in the pile (102);
Filling the gap (120) between the sheath and the pile with a polymer (Paragraph 0009: “With the collar secured around the extension and pile, a flowable repair material, such as an epoxy or grout, is injected through one or more of the funnels in the collar, and manipulated such that it fills the gaps between the collar and the pile and extension. The repair material has a composition such that it hardens in place. In some embodiments, the repair material has a composition such that it flows into any gaps, spaces, or holes in the pile and extension, or gaps and spaces between the pile and extension, so as to fill such gaps, spaces, and holes”; Paragraph 0042: “The repair material 118 has such a composition that it hardens in place. While the repair material 118 is still flowable (i.e., before it hardens), it is manipulated into place by hand or by tools to fill the gap 120 from the lower end 20 of the collar 10 to the upper end 18 of the collar 10. The composition of the repair material 118 may be such that, while still in a flowable state, the repair material flows into any gaps, spaces, or holes in the pile 102, extension 104, or connection 106, so as to fill such gaps, spaces, or holes (e.g., bolt hole 112 or the hollowed-out space 108). When the repair material 118 has hardened, it provides structural strength to the marine support 100 by strengthening the pile 102 and/or extension 104, and the connection 106 between the pile 102 and the extension 104”);
Allowing the polymer to permeate into the voids (108) of the pile and the holes (112); and
Letting the polymer cure (Paragraph 0009: “With the collar secured around the extension and pile, a flowable repair material, such as an epoxy or grout, is injected through one or more of the funnels in the collar, and manipulated such that it fills the gaps between the collar and the pile and extension. The repair material has a composition such that it hardens in place).
However, Cassidy 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.
Furthermore, Cassidy as modified (See above paragraph) about whether the holes are drill holes in the sense of being made by using a drill. Kawada discloses drilling holes (11; Abstract: “To increase the bearing capacity of the tip of a pile by inserting blocks and an expandible material into plural holes drilled in the peripheral side of the pile”) at predetermined locations in a pile (2) and a material (3) disposed in the drill holes. King discloses that it is known to drill a hole (Figure 4A) in a wood structure (114) and then adding an uncured polymer (116) to the drilled hole wherein the material sets in the drilled hole. Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to provide the pile with drill holes at predetermined locations and the cured polymer also disposed in the drill holes. The motivation would have been to increase the bearing capacity of the pile.
Lastly, Cassidy 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, Cassidy as modified teaches the invention of Claim 7 (Refer to Claim 7 discussion). Cassidy as modified also teaches including the step of positioning a form (Cassidy: 104) about the reinforced timber pile (Cassidy: 102).
As to Claim 9, Cassidy as modified teaches the invention of Claim 8 (Refer to Claim 8 discussion). Cassidy as modified also teaches wherein the placing step includes the step of placing the sheath (Cassidy: 10) about the timber pile (Cassidy: 102) while the timber pile is in place supporting the structure.
As to Claim 10, Cassidy as modified teaches the invention of Claim 5 (Refer to Claim 5 discussion). Cassidy as modified also teaches wherein the pile (Cassidy: 102) is supporting a vertical load (Cassidy: Load produced by 104).
As to Claim 13, Cassidy as modified teaches the invention of Claim 12 (Refer to Claim 12 discussion). Cassidy as modified also teaches wherein the drill holes (Cassidy: 112) 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 Cassidy (U.S. Patent Application No. 2015/0117959) in view of Trader et al (U.S. Patent No. 6,536,991), Kawada (Japan Patent Publication No. 61102916) and King (U.S. Patent Application Publication No. 2018/0372141); and further in view of Ehsani (U.S. Patent No. 8,650,831).
As to Claim 3, Cassidy as modified teaches the invention of Claim 2 (Refer to Claim 2 discussion). However, Cassidy 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, Cassidy as modified teaches the invention of Claim 3 (Refer to Claim 3 discussion). However, Cassidy 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
THIS ACTION IS MADE FINAL. 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 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