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 .
Response to Arguments
Applicant's arguments filed October 1, 2025 have been fully considered but they are not persuasive.
Applicant’s argument that Sam teaches a cast-in place cementitious compression pile to provide bearing support for structures atop while the present invention is directed to a steel post-tensional helical anchor used to provide tension resistance is noted but is not considered persuasive because the arguments are not commensurate with the scope of the claims and are related to the intended use of the pile instead of the structural features of the spin drilling and grouting assembly. The claims are not drawn to a pile and appropriately do not include any limitations regarding the intended loading on the pile. Instead, the claims are drawn to an assembly for spin drilling and grouting. The assembly of Sam satisfies the structural claim limitations and is configured to perform the functional claim limitations, therefore the assembly of Sam anticipates the claimed invention.
Applicant’s argument that Sam teaches a ground boring device that provides a concrete filled hole and then the auger pipe is removed while the presently claimed invention is configured such that a tensioned helical anchor is screwed into the ground and high-pressure grouted in place is noted but is not considered persuasive because the arguments are again related to the intended use of the claimed spin drilling and grouting assembly. If the claimed invention included method claims that positively recited removing the auger pipe or grouting and spin drilling simultaneously then these arguments would overcome Sam. Since the claimed invention is drawn instead to just the spin drilling and grouting assembly, Sam only needs to be configured to perform such method steps. As explained below, the spin drilling and grouting assembly of Sam is configured to perform grouting and spin drilling simultaneously and is configured to leave an auger pipe (which Examiner notes is not positively recited) in the surrounding soil and grout, therefore Sam anticipates the claimed invention.
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 1-8 and 21-27 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.
Regarding claim 1, the wording of “for spin drilling a cast-in place hollow helical anchor into the ground” in lines 1-2 is confusing. A cast-in-place anchor must be cast in its place and therefore cannot be drilled into the ground. Further, hollow helical anchors are not typically cast-in-place because such an anchor would require helical forms. For purposes of examination, the examiner interprets “for spin drilling a cast-in place hollow helical anchor into the ground” to mean “for spin drilling a hollow helical anchor into the ground”. Further, the wording of “then into said hollow helical anchor and finally into surrounding soil through said grout hole during the spin drilling of the helical anchor into the ground” in lines 12-14 is confusing. What is “through said grout hole”? If this refers to the grout, then how can the grout transfer from the helical anchor into surrounding soil “through said grout hole” when the recited grout hole is part of the grout shank and the grout is already recited as transferring from the pressurized source through the grout hole and into the grout shank? This does not seem possible. For purposes of examination, the examiner interprets “then into said hollow helical anchor and finally into surrounding soil through said grout hole during the spin drilling of the helical anchor into the ground” to mean “then into said hollow helical anchor and finally into surrounding soil during the spin drilling of the helical anchor into the ground”. Claims 2-8 and 21-26 are rejected for depending from a rejected claim.
Regarding claim 27, the wording of “for spin drilling a cast-in place hollow helical anchor into the ground” in lines 1-2 is confusing. A cast-in-place anchor must be cast in its place and therefore cannot be drilled into the ground. Further, hollow helical anchors are not typically cast-in-place because such an anchor would require helical forms. For purposes of examination, the examiner interprets “for spin drilling a cast-in place hollow helical anchor into the ground” to mean “for spin drilling a hollow helical anchor into the ground”. Further, the wording of “then into said hollow helical anchor and finally into surrounding soil through said grout holes during the spin drilling of the helical anchor into the ground” in lines 13-15 is confusing. What is “through said grout holes”? If this refers to the grout, then how can the grout transfer from the helical anchor into surrounding soil “through said grout holes” when the recited grout holes are part of the grout shank and the grout is already recited as transferring from the pressurized source through the grout holes and into the grout shank? This does not seem possible. For purposes of examination, the examiner interprets “then into said hollow helical anchor and finally into surrounding soil through said grout holes during the spin drilling of the helical anchor into the ground” to mean “then into said hollow helical anchor and finally into surrounding soil during the spin drilling of the helical anchor into the ground”.
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 1, 2, 5 and 27 (as best understood) are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sam et al (KR 10-2020-0138484).
Regarding claim 1, Sam discloses a spin drilling and grouting assembly (e.g. 10, Fig. 2) for spin drilling a cast-in place hollow helical anchor into the ground (e.g. 262, Fig.’s 2 and 3), said assembly comprising: a grout body held rigidly in place and having an internal cylindrical space (e.g. 11, Fig. 3, paragraph 0042) and a grout port in fluid communication with said internal cylindrical space (e.g. port shown but not labeled at 233 connection, Fig. 3, paragraph 0042); a hollow cylindrical grout shank sealingly positioned in the internal cylindrical space of said grout body to freely rotate therein (e.g. 15, Fig. 3, paragraph 0044) and having a top configured to rigidly engage with a torque motor drive (e.g. Fig.’s 1 and 2, wherein the top of 15 rigidly engages with torque motor drive 240 via 261, paragraph 0038), a bottom configured to rigidly engage with a top of said helical anchor (e.g. Fig. 3, wherein the bottom of 15 rigidly engages with helical anchor 262) and at least one grout hole (e.g. 151, Fig. 3), said at least one grout hole aligning with the grout port once every complete 360 degree rotation of the grout shank (e.g. Fig. 3 wherein the cylindrical shape of 15 results in alignment of the grout hole and grout port once per rotation); and said grout port configured to transfer grout from a pressurized source through said grout hole (e.g. Fig. 3, paragraph 0034), into said hollow cylindrical grout shank upon alignment of the at least one grout hole with the grout port (e.g. Fig. 3, paragraph 0034), then into said hollow helical anchor and finally into surrounding soil through said grout hole during the spin drilling of the helical anchor into the ground (e.g. Fig. 3, paragraph 0034, wherein Sam discloses the grout port transferring the grout immediately after drilling and therefore the grout port is “configured to” transfer the grout during the spin drilling because the structural aspects that allow the grout transfer remain present and the timing of such grout transfer is related to intended use); and said helical anchor remaining in place in said surrounding soil and transferred grout upon curing of said grout (e.g. Examiner notes that as only a spin drilling and grouting assembly is claimed, limitations such as this are considered intended use limitations and are given little patentable weight, therefore as long as the disclosed device is capable of performing the intended use it is considered to anticipate the claimed limitation, and the helical anchor of Sam is capable of remaining in place).
Regarding claim 2, Sam further discloses a torque drive connection coupler rotationally secured to said top of said hollow cylindrical grout shank (e.g. 141, Fig. 3, paragraph 0050, wherein the coupler must be rotationally secured to provide rotation from the torque drive to 262 as intended); and an anchor pipe coupler rotationally secured to the bottom of said hollow cylindrical grout shank (e.g. 142, Fig. 3, paragraph 0050, wherein the coupler must be rotationally secured to provide rotation from the torque drive to 262 as intended).
Regarding claim 5, Sam further discloses that the grout port is generally perpendicular to the internal cylindrical space of the grout body (e.g. Fig. 3).
Regarding claim 27, Sam discloses a spin drilling and grouting assembly (e.g. 10, Fig. 2) for spin drilling a cast-in place hollow helical anchor into the ground (e.g. 262, Fig.’s 2 and 3), said assembly comprising: a grout body held rigidly in place and having an internal cylindrical space (e.g. 11, Fig. 3, paragraph 0042) and a grout port in fluid communication with said internal cylindrical space (e.g. port shown but not labeled at 233 connection, Fig. 3, paragraph 0042); a hollow cylindrical grout shank sealingly positioned in the internal cylindrical space of said grout body to freely rotate therein (e.g. 15, Fig. 3, paragraph 0044) and having a top configured to rigidly engage with a torque motor drive (e.g. Fig.’s 1 and 2, wherein the top of 15 rigidly engages with torque motor drive 240 via 261, paragraph 0038), a bottom configured to rigidly engage with a top of said helical anchor (e.g. Fig. 3, wherein the bottom of 15 rigidly engages with helical anchor 262) and a plurality of grout holes (e.g. 151, Fig. 3), each of said grout holes aligning with the grout port once every complete 360 degree rotation of the grout shank (e.g. Fig. 3 wherein the cylindrical shape of 15 results in alignment of each grout hole and the grout port once per rotation); and said grout port configured to transfer grout from a pressurized source through said grout holes and into said hollow cylindrical grout shank as said hollow cylindrical grout shank rotates at a speed of between about 10 revolutions per minute and about 40 revolutions per minute (e.g. Fig. 3, paragraph 0034, wherein the grout port transfers grout from a pressurized source through said grout holes and into said hollow cylindrical grout shank, therefore the grout port is configured to complete this function at a speed of between about 10 revolutions per minute and about 40 revolutions per minute), then into said hollow helical anchor and finally into surrounding soil through said grout holes during the spin drilling of the helical anchor into the ground (e.g. Fig. 3, paragraph 0034, wherein Sam discloses the grout port transferring the grout immediately after drilling and therefore the grout port is “configured to” transfer the grout during the spin drilling because the structural aspects that allow the grout transfer remain present and the timing of such grout transfer is related to intended use); said helical anchor remaining in place in said surrounding soil and transferred grout upon curing of said grout (e.g. Examiner notes that as only a spin drilling and grouting assembly is claimed, limitations such as this are considered intended use limitations and are given little patentable weight, therefore as long as the disclosed device is capable of performing the intended use it is considered to anticipate the claimed limitation, and the helical anchor of Sam is capable of remaining in place).
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 3, 4, 21 and 23-26 (as best understood) are rejected under 35 U.S.C. 103 as being unpatentable over Sam et al (KR 10-2020-0138484) alone.
Regarding claim 3, Sam discloses the invention substantially as applied above and further discloses that both said torque drive connection coupler is rotationally secured to said top of said hollow cylindrical grout shank and said anchor pipe coupler is rotationally secured to the bottom of said hollow cylindrical grout shank (e.g. as described above) but Sam does not explicitly disclose that the securements are by nutted shear pin bolts. Since Applicant did not traverse the official notice taken in the previous office action, it is taken as admitted prior art that nutted bolts are notoriously well known in the art. It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to use nutted bolts to secure the couplers to the hollow cylindrical grout shank because such is a known form of securing structural elements together that would provide the expected benefit of allowing removable securement such that the elements are able to be disassembled for cleaning or repair/replacement.
Regarding claim 4, Sam discloses the invention substantially as applied above and further discloses that said hollow cylindrical grout shank includes a plurality of grout holes spaced around a circumference of said grout shank (e.g. Fig. 3) but Sam does not explicitly disclose that the plurality of grout holes includes four grout holes equally spaced around the circumference of said grout shank. It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to use four equally spaced grout holes for the grout holes of Sam because it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art, and equal spacing provides the expected benefit of equal distribution of grout into pile section 262. Further, Applicant has not disclosed that this number of grout holes provides an advantage, is used for a particular purpose, or solves a stated problem. Finally, Sam shows a front half of the grout shank having two lower grout holes such that one would expect the back half to also have two lower grout holes resulting in a total of 4 lower grout holes spaced around a lower circumference of the grout shank.
Regarding claim 21, Sam discloses the invention substantially as applied above and further discloses that said hollow cylindrical grout shank includes a plurality of grout holes spaced around a circumference of said grout shank (e.g. Fig. 3) but Sam does not explicitly disclose that the plurality of grout holes are equally spaced around the circumference. It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to equally space the grout holes of Sam around the circumference for the expected benefit of equal distribution of grout into pile section 262.
Regarding claim 23, Sam discloses the invention substantially as applied above and further shows an element projecting outwardly from the torque motor drive and the grout body (e.g. shown but not labeled in Fig. 2 between the torque motor drive and grout body and the leader 200). Sam does not explicitly disclose a locator plate projecting outwardly from the grout body to secure the grout body rotationally in place. Since Applicant did not traverse the official notice taken in the previous office action, it is taken as admitted prior art that plates are notoriously well known in the art. It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to use a plate projecting outwardly from the grout body to secure the grout body in place along the leader for the expected benefit of ensuring sufficient connection between the leader and the grout body, thereby controlling movement of the grout body as required for installation.
Regarding claim 24, Sam further discloses a torque motor housing (e.g. shown but not labeled surrounding 241 and 242, Fig. 2) but does not explicitly disclose that the locator plate is rigidly connected to a torque motor housing. It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to rigidly connect the torque motor housing to the locator plate for the expected benefit of ensuring sufficient connection between the leader and the torque motor, thereby controlling movement of the torque motor as required for installation.
Regarding claim 25, Sam discloses the invention substantially as applied above but does not explicitly disclose that the internal cylindrical space of the grout body has a diameter of between about two inches and about four inches. It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to contrive any number of desirable ranges for the diameter limitation disclosed by Applicant, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. Further, it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. Finally, Applicant has not disclosed that this diameter provides an advantage, is used for a particular purpose, or solves a stated problem.
Regarding claim 26, Sam discloses the invention substantially as applied above and further discloses that the hollow cylindrical grout shank has smooth internal and external surfaces (e.g. Fig. 3) but Sam does not explicitly disclose that the hollow cylindrical grout shank has a length of about twelve inches to about eighteen inches and an outside diameter of about two inches to four inches. It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to contrive any number of desirable ranges for the length and diameter limitations disclosed by Applicant, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. Further, it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. Finally, Applicant has not disclosed that this length and diameter provides an advantage, is used for a particular purpose, or solves a stated problem.
Claims 6-8 (as best understood) are rejected under 35 U.S.C. 103 as being unpatentable over Sam et al (KR 10-2020-0138484) as applied to claim 2 above, and further in view of Henderson (US 2013/0255169).
Regarding claim 6, Sam discloses an apparatus for spin drilling and grouting a helical anchor into the ground, said apparatus comprising: the spin drilling and grouting assembly in accordance with claim 2 (e.g. 10, Fig. 2, as described above); a torque motor having a torque drive rotationally secured to a top of the hollow torque drive connection coupler of the spin drilling and grouting assembly (e.g. 240 is secured to the top of 141 via 261, Fig.’s 2 and 3, paragraphs 0038 and 0054); at least one pipe section rotationally secured at its top to a bottom of the anchor pipe coupler of the spin drilling and grouting assembly (e.g. 262 is secured to the bottom of 142, Fig.’s 2 and 3); and a drill bit rotationally secured to a bottom of said at least one pipe section (e.g. 27, Fig. 2). Sam does not disclose at least one helical pipe coupler having an externally mounted helical disc and at least one grout hole in a wall of the coupler connected at its top to a bottom of the pipe section. Henderson teaches an apparatus for spin drilling and grouting a hollow helical anchor into the ground, said apparatus comprising: a spin drilling assembly (e.g. paragraph 0078 wherein a spin drilling assembly is required to spin drill the piles into the ground as disclosed) and a grouting assembly (e.g. 90-94, Fig. 14, paragraph 0078); at least one pipe section (e.g. lowermost 184, Fig. 15); at least one helical pipe coupler (e.g. 188) having an externally mounted helical disc (e.g. 25) and at least one grout hole in a wall of the coupler (e.g. 48) connected at its top to a bottom of the pipe section (e.g. Fig. 18, paragraph 0088); and a drill bit rotationally secured to a bottom of said at least one helical pipe coupler (e.g. pointed lower end, Fig. 15). It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to form the pipe section of Sam with a plurality of pipe sections connected together with helical pipe couplers as taught by Henderson for the expected benefit of allowing any number of shorter pipes to be assembled together to the desired length (e.g. paragraph 0090), thereby making transportation and assembly easier and providing adjustability to the overall pipe length.
Regarding claim 7, the combination of Sam and Henderson further discloses that there is a plurality of the pipe sections and a plurality of the helical pipe couplers fixedly connected alternately in series. (e.g. Henderson, Fig. 15, paragraph 0090).
Regarding claim 8, the combination of Sam and Henderson does not explicitly disclose that there are four of the pipe sections and four of the helical pipe couplers. It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to contrive any number for the pipe sections and helical pipe couplers limitation disclosed by Applicant, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. Further, the number of pipe sections and helical pipe couplers are a design choice dependent on the soil conditions and desired depth of the pile. Finally, Applicant has not disclosed that this number of pipe sections and helical pipe couplers provides an advantage, is used for a particular purpose, or solves a stated problem.
Allowable Subject Matter
Claim 22 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claims 28-30 are allowed.
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 STACY N LAWSON whose telephone number is (571)270-7515. The examiner can normally be reached Mon-Fri 9am-3pm.
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/S.N.L./Examiner, Art Unit 3678
/AMBER R ANDERSON/Supervisory Patent Examiner, Art Unit 3678