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 . In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 1-6, 8, 20 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.
Claim 1 recites the phrase “wherein the second end is configured to be coupled with a push pier section using one or more couplers”.
It is vague and indefinite as to how more than one coupler can be used to couple the pier sections together. The Specification only allows for a single coupler (140).
Claim 1 further recites “wherein the flared first end and the reinforcing member of the starter pier is configured to push the ground away from the starter pier as it is pushed into the ground”.
It is vague and indefinite as to what “configuration” or special feature allows the function to be performed. As disclosed, the “starter pier, comprising: a tube having a first end and a second end”, is an open tube and obviously as pushed into the ground would in fact direct ground into the center of the tube.
Claim 20 recites “wherein the flared first end with the reinforcing member pushes the ground and recues the friction between the ground and an intermediate portion and the second end of the starter pier…”.
It is vague and indefinite as to how this function occurs, the starter pier being claimed as a tube is not disclosed to have a closed end, and thus does not appear to be able to perform the function claimed.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-4, 6, 8-12, 17-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gantt US 20180371716 in view of Bouey et al. US 2017/0129001.
Gantt discloses a pier assembly (54) comprising a pier bracket (20), A circular starter pier (58) and a plurality of additional push pier segments (60) [0035-38].
A coupling member (62), Figs 15, disposed at one end of the pier segments (58,60) and
configured for end-to-end connection of adjacent pier segments [0036].
A reinforcing member (59) such as a friction collar, configured to “facilitate penetration of the ground upon insertion. [0035].
What Gantt does not disclose is a flared end for receiving the friction collar (59). However, Bouey et al. teach a pipe connecting method and pipe clamp comprising:
A metal pipe (102) having a flared 1st end (107).
A reinforcing member (140) press fit into said flared 1st end (107). See Figs. 2A, 2C.
The outwardly swaged/flared end (107) formed by plastic deformation of an end (102a) defining a shoulder (107’ with a height (h) configured to retain said reinforcing member (140). [0056-58]. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide Gantt’s starter pier (58) with at least one flared end, as taught by Bouey et al. in order to facilitate assembly/attachment of the friction collar (59).
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gantt US 20180371716 in view of Bouey et al. US 2017/0129001 as put forth with respect to claim 3 above and further in view of Marsh US 3,762,173. Gantt in view of Bouey et al. disclose a pier assembly (54) and pier bracket assembly comprising:
A pipe pier (58) having a flared 1st end which facilitates connection of an additional pier
segments [0035-37].
A reinforcing member (140) disposed at a flared 1st end of said pier segments.
What Gantt does not disclose is using a discontinuous ring-shaped reinforcing member.
However, Marsh teaches a pile coupling and method of pile driving comprising:
A cylindrical pipe pile (10), a collar (15) having at plurality of tabs (16) punched out of the collar sidewalls and configured to engage and connect a push pier (14) to said pipe pile (10). The discontinuity of the collar sidewalls permitting fill material, such as concrete or aggregate to permanently interlock the starter pier (10) and the push pier (14). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the pipe pier assembly of Gantt with the collar and infill taught by Marsh in order to improve the connection between starter and push piers.
Response to Amendment
Applicant's amendment filed 4/13/2026 have been fully considered but does not overcome the prior art because the amendment(s) create 112(b) issues.
Response to Arguments
Applicant's arguments filed 4/13/2026 have been fully considered but they are not persuasive.
Applicant argues the references should not be combined because the reference (Bouey et al.) is not reasonably pertinent to the problem faced by the inventor because the prior art is not “logically have commended itself to an inventor’s attention in considering his problem”.
However, the Examiner does not concur.
Gantt (Applicant’s PGPUB) clearly discloses every element of the claimed invention, to
include starter and push piers assembled together using a coupler, AND a “friction collar” (50) mounted to a distal end of the starter pier, and configured to push ground away from the starter pier, thereby reducing friction as the pier is driven into the ground.
Gantt further discloses the friction collar (59) is “commonly known in the art”.
Hence, there appears to be no difference between Applicant’s “reinforcing member 180” see [0054] and Applicant’s prior art “friction collar (59)”.
Therefore, the only thing Gantt does not disclose is a flared pier end for receiving said friction collar. However, Bouey et al. teaches it is known to flare/swage and end of a pipe to facilitate receiving a reinforcing member therein. Hence it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide Gantt’s starter pier (58) with at least one flared end, as taught by Bouey et al. in order to facilitate assembly attachment of the friction collar (59).
The argument is not persuasive and the rejection is maintained.
Applicant then argues the prior art references are non-analogous.
However, both references disclose a metal pipe having reinforcing members/couplers disposed inside of said pipe. Bouey et al. teaches it is known to flare the end of a pipe to provide a friction fit between the pipe and an insertable member see [0058].
The argument is not persuasive and the rejection is maintained.
Continued Examination Under 37 CFR 1.114
Receipt is acknowledged of a request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e) and a submission, filed on 4/13/2026.
Conclusion
9. Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAYMOND W ADDIE whose telephone number is (571)272-6986. The examiner can normally be reached on m-f 7:30-12:30, then 6-9pm.
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/RAYMOND W ADDIE/Primary Examiner, Art Unit 3671 5/7/2026
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