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.
Response to Arguments
Applicant’s arguments filed 10/29/2025, with respect to the Drawing Objections and 35 USC 112 rejections, have been fully considered and are persuasive. The Drawing Objections and 35 USC 112 rejections of the last Office Action have been withdrawn.
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, 8-20 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 pier segments (60) [0035-38].
A reinforcing member (62), Figs 15, disposed at one end of the pier (60).
Wherein end-to-end connection of adjoining shafts may take the form of and be constructed in ANY Variety of ways. [0036]. What Gantt does not disclose is how the flared end is formed. 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 reinforcing flange (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 form provide Gantt’s pier segments with at least one flared end, formed by plastic deformation and press-fitting the reinforcing member into said flared end, as taught by Bouey et al. in order to facilitate assembly of the starter/pusher pier arrangement.
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 Arguments
Applicant’s arguments with respect to claim(s) 1-6, 8-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Response to Amendment
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.
Conclusion
8. 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 1/10/2025