DETAILED ACTION
In response to remarks filed on 14 December 2025
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 14 December 2025 has been entered.
Status of Claims
Claims 26-30 and 32-45 are pending;
Claims 26, 32, 33, 36, 38 and 39 are currently amended;
Claims 27-30, 34, 35, 37 and 40-45 were previously presented;
Claim 31 is cancelled;
Claims 26-30 and 32-45 are rejected herein.
Response to Arguments
Applicant’s arguments filed on 14 December 2025 have been fully considered but they are moot since some of the structural elements of the Faibt reference have been reinterpreted in view of applicant’s amendments.
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 26-30 and 32-45 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 26, the claim recites “by at least one third drive, be moved from a first position to a second position” but the claim recites “by at least one second drive, be moved from a first position to a second position”. It is unclear if they are the same position. If not, then the terms should be differentiated. Appropriate correction is required.
Claim 26 recites “internal wall” several times. It is unclear if this refers to the “inner wall” limitation recently added. For purposes of examination, they will be considered as the same element. Appropriate correction is required.
Claim 26 recites “the drill rotation direction” and “the drilling direction” but there is no “drill rotation direction” nor “drilling direction” claimed before. Appropriate correction is required.
As to Claim 32, the claim recites “the clamping face”. It is unclear if this refers to the “clamping surface” of claim 26. Appropriate correction is required.
As to Claim 33, the claim recites “for providing the form fit” but there is no “form fit” claimed before. Appropriate correction is required.
As to Claims 34 and 41, the claim recites “internal wall”. It is unclear if this refers to the “inner wall” of claim 26. Appropriate correction is required.
As to Claim 35, the claim recites “the clamping face”. It is unclear if this refers to the “clamping surface” of claim 26. Appropriate correction is required.
Claim 35 recites “the form fit connection” but there is no “form fit connection” claimed before. Appropriate correction is required.
Claim 35 recites “the drilling direction” but there is no “drilling direction” claimed before. Appropriate correction is required.
As to Claim 36, the claim recites “clamping face”. It is unclear if this refers to the “clamping surface” of claim 26. Appropriate correction is required.
As to Claim 37, the claim recites “by a third drive”. It is unclear if this refers to the “third drive” of claim 26. Appropriate correction is required.
Claim 37 recites “the first position” and “the second position”. It is unclear to which one of the first positions and second positions of claim 26 the limitations refer to. Appropriate correction is required.
As to Claim 40, the claim recites “at least one vertical clamping face”. It is unclear if this refers to the “clamping surface” of claim 26. Appropriate correction is required.
As to Claim 41, the limitations recited are already claimed in claim 26. Appropriate correction is required.
As to Claim 42 the claim recites “the drive in” and “the drilling direction” but there is no “drive in” nor “drilling direction” claimed before. Appropriate correction is required.
As to Claim 43, the claim recites “the contact pressure force” but there is no “contact pressure force” claimed before. Appropriate correction is required.
Claim 43 recites “the hydraulic cylinder(s)”. It is unclear if this refers to the “at least one hydraulic cylinder” claimed before. Appropriate correction is required.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 26-30 and 32-45 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Faibt et al (W.I.P.O. International Publication No. 2015/131984).
As to Claim 26, Faibt discloses a drilling device (10) for establishing a drill hole in the ground, having a main body (11); comprising:
A drilling tool (14, 15) which is disposed on one end of the main body (11);
A first drive (16, 18) for the drilling tool that is provided on the main body (11);
A bracing device (21) which is configured to brace the drilling device (10) in a cylindrical hollow body (53), the hollow body comprising an inner wall (48, 49) with at least one counter bearing element (47);
The bracing device (21) comprising at least one bracing plane comprising at least two bracing elements (21a; There are four elements 21a) with a first end disposed on the main body (11) and on the second end at least one bracing member (Bottom surface of 51 in contact with 48);
Wherein the at least one bracing member (Bottom surface of 51 in contact with 48) of the at least two bracing elements (21a) is configured to, by at least one second drive (50), be moved from a first position to a second position (See arrow in Figure 13), wherein the at least one bracing element is in contact (via the bracing member -Bottom surface of 51 in contact with 48- which is part of the bracing element 21a) with the internal wall (48, 49) of the hollow body at the second position;
Wherein:
The at least one bracing element (21a) comprises at least one moveable clamping element (30) with at least one clamping surface (Surface of 30 contacting 47);
The at least one clamping element (30) is configured to, by at least one third drive (33), be moved from a first position to a second position, wherein the at least one clamping surface (Surface of 30 contacting 47) is in contact with the at least one counter bearing element (47) on the internal wall of the hollow body, at least one of counter to the drill rotation direction or counter to the drilling direction (The substantially horizontal movement is substantially orthogonal to the drilling direction -vertical- and therefore “counter of” as horizontal is opposite of vertical).
As to Claim 27, Faibt discloses the invention of Claim 26 (Refer to Claim 26 discussion). Faibt also discloses wherein the hollow body (53) is a pile for founding structures, including a building, a casing, or a liner.
As to Claim 28, Faibt discloses the invention of Claim 26 (Refer to Claim 26 discussion). Faibt also discloses wherein the main body (11) is removable from the hollow body (53).
As to Claim 29, Faibt discloses the invention of Claim 26 (Refer to Claim 26 discussion). Faibt also discloses wherein the hollow body (53) is a housing of the drilling device (10).
As to Claim 30, Faibt discloses the invention of Claim 29 (Refer to Claim 29 discussion). Faibt also discloses wherein the main body (11) is removable from the housing (53).
As to Claim 32, Faibt discloses the invention of Claim 26 (Refer to Claim 26 discussion). Faibt also discloses wherein the clamping face (Surface of 30) is one of vertical or horizontal.
As to Claim 33, Faibt discloses the invention of Claim 26 (Refer to Claim 26 discussion). Faibt also discloses wherein the at least one counter bearing element (47) comprises least one counter bearing face (Surface of 47) for providing the form fit by the at least one clamping element (30).
As to Claim 34, Faibt discloses the invention of Claim 33 (Refer to Claim 33 discussion). Faibt also discloses wherein the at least one counter bearing face (Surface of 47) extends perpendicularly from the internal wall (48, 49).
As to Claim 35, Faibt discloses the invention of Claim 26 (Refer to Claim 26 discussion). Faibt also discloses wherein, by way of the at least one clamping face (Surface of 30 contacting 47) and the at least one third drive (33), a clamping force for providing the form fit connection is applied to the at least one counter bearing element (47), said force being one of orthogonal to the drilling direction or counter to the drilling direction.
As to Claim 36, Faibt discloses the invention of Claim 26 (Refer to Claim 26 discussion). Faibt also discloses further comprising at least two clamping elements (Figure 3 shows three clamping elements 30) of the at least one clamping elements disposed vertically (The longest direction of clamping element 30 is the vertical direction so the clamping element is disposed/positioned vertically) and aligned in an opposing manner (One is on the left of the body and another is on the right of the body), wherein each clamping element has at least one clamping face (Surface of each 30 contacting 47) is disposed vertically.
As to Claim 37, Faibt discloses the invention of Claim 36 (Refer to Claim 36 discussion). Faibt also discloses wherein the at least two clamping elements (30) are configured to be moved horizontally from the first position to the second position by a third drive (33) each.
As to Claim 38, Faibt discloses the invention of Claim 26 (Refer to Claim 26 discussion). Faibt also discloses wherein the at least one third drive is at least one hydraulic cylinder (33).
As to Claim 39, Faibt discloses the invention of Claim 26 (Refer to Claim 26 discussion). Faibt also discloses wherein at least two bracing planes of said at least one bracing plane comprise each at least two bracing elements (21b) disposed on top of one another (The positioning is relative to the viewer and the orientation of the device when observed).
As to Claim 40, Faibt discloses the invention of Claim 39 (Refer to Claim 39 discussion). Faibt also discloses wherein the at least one clamping element (30) by way of the at least one vertical clamping face is disposed on at least one bracing element (21b) of the lower bracing plane.
As to Claim 41, Faibt discloses the invention of Claim 26 (Refer to Claim 26 discussion). Faibt also discloses wherein the bracing member (Bottom surface of 51 in contact with 48) is in contact with the internal wall (48, 49) of the hollow body or housing.
As to Claim 42, Faibt discloses the invention of Claim 26 (Refer to Claim 26 discussion). Faibt also discloses wherein the drilling tool (15) is configured to, by means of at least one fourth drive (18), be repositionable in relation to the drive in, and counter to, the drilling direction.
As to Claim 43, Faibt discloses the invention of Claim 42 (Refer to Claim 42 discussion). Faibt also discloses wherein the fourth drive (18) is at least one hydraulic cylinder, and wherein the contact pressure force of the drilling tool (15) on the ground is determined by the hydraulic cylinders.
As to Claim 44, Faibt discloses the invention of Claim 26 (Refer to Claim 26 discussion). Faibt also discloses wherein the drill hole is a vertical drill hole (In the translation provided by applicant of the Faibt reference, the borehole is the vertical drill hole. The hole is where 53 is placed).
As to Claim 45, Faibt discloses the invention of Claim 26 (Refer to Claim 26 discussion). Faibt also discloses wherein the drill hole is one of in water or a bore hole filled with a liquid (In the translation provided by applicant of the Faibt reference, the apparatus is for underwater work. The hole is where 53 is placed).
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