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 .
Status of the Claims
Claims 1-6 and 8 are pending in the application.
Claim 7 was previously canceled by Applicant.
In Applicant’s response filed 03 December 2025, claims 1 and 5 were amended. These amendments have been entered.
Claim Interpretation – Functional Language
From the outset, it should be noted that some of the language in the claims is functional in nature. For example, the language related to a “fence post” is functional in nature and limited patentable weight is given to this section of the claim. Additionally, Examiner notes that while features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. Apparatus claims cover what a device is, not what a device does and thus, a prior art device must only be capable of performing the stated function in order to read on the functional limitation. In this instance, the prior art discloses every structural limitation of the claim and thus this limitation fails to distinguish the claimed apparatus from that of the prior art. Please see MPEP 2114.
[Examiner notes that this section of the Office Action does not constitute a rejection or objection, but is merely meant to indicate the manner in which the claims have been interpreted by the Examiner.]
Note Regarding Method Claims
Applicant is reminded that, under the principles of inherency, if a prior art device, in its normal and usual operation, would necessarily perform the method claimed, then the method claimed will be considered to be anticipated by the prior art device. When the prior art device is the same as a device described in the specification for carrying out the claimed method, it can be assumed the device will inherently perform the claimed process. In re King, 801 F.2d 1324, 231 USPQ 136 (Fed. Cir. 1986). See MPEP 2112.02.
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 1-3 and 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over Wells (5,165,663) in view of Eller (WO 82/00170, a copy of which was provided with the Office Action mailed 24 September 2024).
Re Claim 1: Wells discloses a method for installing a fence post (not pictured), the method comprising:
providing a ground sleeve (10), the ground sleeve consisting of:
a hollow tube (tube 11 in combination with end member 16) that has a proximal end (an upper end) and a distal end (a lower end), the proximal end of the hollow tube has an opening for receiving a portion of a fence post (“a not-illustrated cylindrical post … can have its lower end removably inserted into the tube 11”; see Col. 3 lines 49-52), the distal end of the hollow tube is closed (at end member 16) and gradually narrows to a tip of conical shape (at “conical exterior surface 21”), and
an anvil (“cylindrical driving member 31”) made of solid material, wherein the anvil has a base (36) and a head (41), a diameter of the head is larger than the proximal end opening, and a diameter of the base is lesser than the proximal end opening (see Fig. 3), wherein the head (41) is of a cylindrical shape;
coupling the anvil (31) over the proximal end opening (see Fig. 3);
upon coupling, inserting the ground sleeve (10) into ground (see Fig. 3) up to the proximal end portion, by hammering the anvil (“a not-illustrated conventional hammer is used to apply blows to the upwardly facing drive surface 32 on driving member 31 … so that the end member 16 is driven downwardly into the ground); see Col. 3 lines 18-24);
upon inserting, removing the anvil (31; “When the ground anchor 10 has been driven into the ground … the driving member 31 is slid vertically upwardly out of the ground anchor 10, leaving the ground anchor 10 in the ground.”; see Col. 3 lines 43-48);
upon removing, receiving the portion of the fence post (see Col. 3 lines 49-52) within the hollow tube (11) through the opening.
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Wells fails to explicitly disclose wherein the ground sleeve includes a single fastener coupled to a proximal end portion of the hollow tube, the single fastener is configured to limit rotation and displacement of the fence post received within the hollow tube, the fastener is a set screw or a threaded hex bolt; and wherein the method includes tightening the fastener against the portion of the fence post.
Eller teaches the use of a method for installing a fence post (48) comprising providing a ground sleeve (12; see Fig. 11) for removably installing a fence post (48) comprising a hollow tube (12) that has a proximal end (the upper end) and a distal end (the lower end), the proximal end has an opening for receiving a portion of a fence post (48); an anvil (21) made of solid material for driving the ground sleeve into the ground; and further comprising a single fastener (49) coupled to a proximal end portion of the hollow tube (12), the single fastener is configured to limit movement of the fence post (48) received within the hollow tube, wherein the fastener (49) is a set screw or a threaded hex bolt (bolt 49; Fig 11); and wherein the method further comprises tightening the fastener (49) against a portion of the fence post (48) inserted into the ground sleeve, for the purpose of easily securing the fence post to the ground sleeve in a stable manner.
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Wells, with a reasonable expectation of success, such that the ground sleeve includes a single fastener coupled to a proximal end portion of the hollow tube, the single fastener is configured to limit rotation and displacement of the fence post received within the hollow tube, the fastener is a set screw or a threaded hex bolt, as taught by Eller, such that the method includes tightening the fastener against the portion of the fence post, for the purpose of easily securing the fence post to the ground sleeve in a stable manner.
Re Claim 2: Eller further teaches the use of a method for installing a fence further comprising: upon tightening the fastener (49), loosening the fastener (for example to remove the fastener to allow for replacement of the fence post 48); and upon loosening, pulling out the portion of the fence post (to thereby replace the fence post 48; see page 8, lines 22-26), for the purpose of easily replacing the fence post.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Wells, with a reasonable expectation of success, such that it comprises upon tightening the fastener, loosening the fastener; and upon loosening, pulling out the portion of the fence post, as taught by Eller, for the purpose of easily replacing the fence post.
Re Claim 3: Eller further teaches the use of a method for installing a fence, wherein the fastener (49) is a threaded hex bolt (bolt 49; note the hexagonal head of bolt 49; Fig 11), the proximal end portion of the hollow tube (12) has a threaded aperture (receiving the bolt 49), wherein the threaded hex bolt (49) screws into the threaded aperture, for the purpose of easily securing the fence post to the ground sleeve in a stable manner.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Wells, with a reasonable expectation of success, such that the fastener is the threaded hex bolt, the proximal end portion of the hollow tube has a threaded aperture, wherein the threaded hex bolt screws into the threaded aperture, as taught by Eller, for the purpose of easily securing the fence post to the ground sleeve in a stable manner.
Re Claim 5: Wells discloses a ground sleeve (10) for removably installing a fence post (not pictured), the ground sleeve consisting of:
a hollow tube (tube 11 in combination with end member 16) that has a proximal end (an upper end) and a distal end (a lower end), the proximal end of the hollow tube has an opening for receiving a portion of a fence post (“a not-illustrated cylindrical post … can have its lower end removably inserted into the tube 11”; see Col. 3 lines 49-52), the distal end of the hollow tube is closed (at end member 16) and gradually narrows to a tip of conical shape (at “conical exterior surface 21”), and
an anvil (“cylindrical driving member 31”) made of solid material, wherein the anvil has a base (36) and a head (41), a diameter of the head is larger than the proximal end opening, and a diameter of the base is lesser than the proximal end opening (see Fig. 3), wherein the head (41) is of a cylindrical shape.
Wells fails to explicitly disclose wherein the ground sleeve includes a single fastener coupled to a proximal end portion of the hollow tube, the single fastener is configured to limit rotation and displacement of the fence post received within the hollow tube, the fastener is a set screw or a threaded hex bolt.
Eller teaches the use of a ground sleeve (12; see Fig. 11) for removably installing a fence post (48) comprising a hollow tube (12) that has a proximal end (the upper end) and a distal end (the lower end), the proximal end has an opening for receiving a portion of a fence post (48); an anvil (21) made of solid material for driving the ground sleeve into the ground; and further comprising a single fastener (49) coupled to a proximal end portion of the hollow tube (12), the single fastener is configured to limit movement of the fence post (48) received within the hollow tube, wherein the fastener (49) is a set screw or a threaded hex bolt (bolt 49; Fig 11), for the purpose of easily securing the fence post to the ground sleeve in a stable manner.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Wells, with a reasonable expectation of success, such that the ground sleeve includes a single fastener coupled to a proximal end portion of the hollow tube, the single fastener is configured to limit rotation and displacement of the fence post received within the hollow tube, the fastener is a set screw or a threaded hex bolt, as taught by Eller, for the purpose of easily securing the fence post to the ground sleeve in a stable manner.
Re Claim 6: Eller further teaches the use of a ground sleeve, wherein the fastener (49) is a threaded hex bolt (bolt 49; note the hexagonal head of bolt 49; Fig 11), the proximal end portion of the hollow tube (12) has a threaded aperture (receiving the bolt 49), wherein the threaded hex bolt (49) screws into the threaded aperture, for the purpose of easily securing the fence post to the ground sleeve in a stable manner.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Wells, with a reasonable expectation of success, such that the fastener is the threaded hex bolt, the proximal end portion of the hollow tube has a threaded aperture, wherein the threaded hex bolt screws into the threaded aperture, as taught by Eller, for the purpose of easily securing the fence post to the ground sleeve in a stable manner.
Claims 1-2, 4-5, and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Wells (5,165,663) in view of Rodriguez (US Patent 5,535,978).
Re Claim 1: Wells discloses a method for installing a fence post (not pictured), the method comprising:
providing a ground sleeve (10), the ground sleeve consisting of:
a hollow tube (tube 11 in combination with end member 16) that has a proximal end (an upper end) and a distal end (a lower end), the proximal end of the hollow tube has an opening for receiving a portion of a fence post (“a not-illustrated cylindrical post … can have its lower end removably inserted into the tube 11”; see Col. 3 lines 49-52), the distal end of the hollow tube is closed (at end member 16) and gradually narrows to a tip of conical shape (at “conical exterior surface 21”), and
an anvil (“cylindrical driving member 31”) made of solid material, wherein the anvil has a base (36) and a head (41), a diameter of the head is larger than the proximal end opening, and a diameter of the base is lesser than the proximal end opening (see Fig. 3), wherein the head (41) is of a cylindrical shape;
coupling the anvil (31) over the proximal end opening (see Fig. 3);
upon coupling, inserting the ground sleeve (10) into ground (see Fig. 3) up to the proximal end portion, by hammering the anvil (“a not-illustrated conventional hammer is used to apply blows to the upwardly facing drive surface 32 on driving member 31 … so that the end member 16 is driven downwardly into the ground); see Col. 3 lines 18-24);
upon inserting, removing the anvil (31; “When the ground anchor 10 has been driven into the ground … the driving member 31 is slid vertically upwardly out of the ground anchor 10, leaving the ground anchor 10 in the ground.”; see Col. 3 lines 43-48);
upon removing, receiving the portion of the fence post (see Col. 3 lines 49-52) within the hollow tube (11) through the opening.
Wells fails to explicitly disclose wherein the ground sleeve includes a single fastener coupled to a proximal end portion of the hollow tube, the single fastener is configured to limit rotation and displacement of the fence post received within the hollow tube, the fastener is a set screw or a threaded hex bolt; and wherein the method includes tightening the fastener against the portion of the fence post.
Rodriguez teaches the use of a method for installing a post (32) comprising providing a ground sleeve (10) comprising a hollow tube (12, 16) that has a proximal end (the upper end) and a distal end (the lower end), the proximal end has an opening for receiving a portion of the post (32); and further comprising a single fastener (20) coupled to a proximal end portion of the hollow tube (at 16), wherein the fastener (20) is a set screw (20) or a threaded hex bolt; and further wherein the method includes tightening the fastener (20) against the portion of the post, for the purpose of easily securing the post to the ground sleeve in a stable manner.
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Wells, with a reasonable expectation of success, such that the ground sleeve includes a single fastener coupled to a proximal end portion of the hollow tube, the single fastener is configured to limit rotation and displacement of the fence post received within the hollow tube, the fastener is a set screw or a threaded hex bolt; and wherein the method includes tightening the fastener against the portion of the fence post, as taught by Rodriguez, for the purpose of easily securing the post to the ground sleeve in a stable manner.
Re Claim 2: Rodriguez further teaches the use of a method for installing a post further comprising: upon tightening the fastener (20), loosening the fastener (for example to remove the fastener to allow for removal of the post); and upon loosening, pulling out the portion of the fence post (to thereby remove the post 32), for the purpose of easily replacing the fence post.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Wells, with a reasonable expectation of success, such that it comprises upon tightening the fastener, loosening the fastener; and upon loosening, pulling out the portion of the fence post, as taught by Rodriguez, for the purpose of easily replacing the fence post.
Re Claim 4: Rodriguez further teaches the use of a method for installing a post, wherein the fastener is the set screw (20), for the purpose of easily securing the post to the ground sleeve in a stable manner.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Wells, with a reasonable expectation of success, such that the fastener is the set screw, as taught by Rodriguez, for the purpose of easily securing the post to the ground sleeve in a stable manner.
Re Claim 5: Wells discloses a ground sleeve (10) for removably installing a fence post (not pictured), the ground sleeve consisting of:
a hollow tube (tube 11 in combination with end member 16) that has a proximal end (an upper end) and a distal end (a lower end), the proximal end of the hollow tube has an opening for receiving a portion of a fence post (“a not-illustrated cylindrical post … can have its lower end removably inserted into the tube 11”; see Col. 3 lines 49-52), the distal end of the hollow tube is closed (at end member 16) and gradually narrows to a tip of conical shape (at “conical exterior surface 21”), and
an anvil (“cylindrical driving member 31”) made of solid material, wherein the anvil has a base (36) and a head (41), a diameter of the head is larger than the proximal end opening, and a diameter of the base is lesser than the proximal end opening (see Fig. 3), wherein the head (41) is of a cylindrical shape.
Wells fails to explicitly disclose wherein the ground sleeve includes a single fastener coupled to a proximal end portion of the hollow tube, the single fastener is configured to limit rotation and displacement of the fence post received within the hollow tube, the fastener is a set screw or a threaded hex bolt.
Rodriguez teaches the use of a ground sleeve (10) for removably installing a post (32) comprising a hollow tube (12, 16) that has a proximal end (the upper end) and a distal end (the lower end), the proximal end has an opening for receiving a portion of the post (32); and further comprising a single fastener (20) coupled to a proximal end portion of the hollow tube (at 16), the single fastener is configured to limit rotation and displacement of the fence post (32) received within the hollow tube, wherein the fastener (20) is a set screw (20) or a threaded hex bolt, for the purpose of easily securing the fence post to the ground sleeve in a stable manner.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Wells, with a reasonable expectation of success, such that the ground sleeve includes a single fastener coupled to a proximal end portion of the hollow tube, the single fastener is configured to limit rotation and displacement of the fence post received within the hollow tube, the fastener is a set screw or a threaded hex bolt, as taught by Eller, for the purpose of easily securing the fence post to the ground sleeve in a stable manner.
Re Claim 8: Rodriguez further teaches the use of a ground sleeve, wherein the fastener is the set screw (20), for the purpose of easily securing the post to the ground sleeve in a stable manner.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Wells, with a reasonable expectation of success, such that the fastener is the set screw, as taught by Rodriguez, for the purpose of easily securing the post to the ground sleeve in a stable manner.
Response to Arguments
Applicant’s arguments with respect to all pending claims have been considered but are moot in view of the new grounds of rejection set forth in this Office Action.
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 MATTHEW R MCMAHON whose telephone number is (571)270-3067. The examiner can normally be reached Mon-Fri 9am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amber Anderson can be reached at (571) 270-5281. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW R MCMAHON/Primary Examiner, Art Unit 3678