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 .
This Office Action is in response to the Amendment dated April 17, 2026. Currently, claims 1-20 are pending in the application.
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.
Claim(s) 1-6, and 9-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schmidt (US Patent No 8,734,058) in view of Fang (US Patent No 5,579,621).
Referring to claim 1: Schmidt teaches providing a multiple-part pile cap that includes a top portion (item 112) and a bottom portion (items 104 and 108) to supply a mechanical interface between a first foundation pile providing the foundation for the structure and the frame of the structure itself; providing the multiple-part pile cap onto the first foundation pile of a set of foundation piles driven into a ground to provide the foundation for the structure using the multiple-part pile cap as the mechanical interface between the first foundation pile and the frame of the structure being secured to the first foundation pile (figures 7). Schmidt does not teach providing the bottom portion of the multiple-part pile cap that is i) matched in width to a width of a webbing of the first foundation pile and ii) has one or more holes in a first flange of the multiple-part pile cap to be bolted to the webbing of the first foundation pile. However, Fang teaches a structural element with webbing (item 20) and providing the bottom portion of the multiple-part pile cap (item 40) that is i) matched in width to a width of a webbing of the first foundation pile and ii) has one or more holes (item 70) in a first flange of the multiple-part pile cap to be bolted to the webbing of the first foundation pile (figure 4).
It would have been obvious to one of ordinary skill in the art at the time of filing to create the device using the method of Schmidt with the specific shaped piling and connection of Fang in order to allow for a different shaped structure to be used.
Referring to claim 2: Schmidt and Fang teach all the limitations of claim 1 as noted above. They do not specifically teach installing the multiple-part pile cap on the first foundation pile that in which one or more foundation piles of the set of foundation piles driven into the ground have been cut relative the other foundation piles in the set of foundation piles so that portions of the foundation piles in the set of foundation piles extending above ground level form a substantially level plane for the frame of the structure being secured to a set of multiple-part pile caps corresponding to the set of foundation piles so that the frame of the structure will be level when mechanically secured to the set of foundation piles. However, it would have been obvious to one of ordinary skill in the art at the time of filing to place the pile cap on foundation piles that have been set to a uniform height in order to provide a level base for a structure. It is well known to install piles or posts before installation of an upper structure, create a level mounting by either ensuring the posts are driven to a certain depth that exposes a certain length of post or cutting posts to a certain height.
Referring to claim 3: Schmidt and Fang teach all the limitations of claim 1 as noted above. Additionally, Fang teaches bolting a first flange of an angle bracket in the bottom portion of the multiple- part pile cap to the webbing in the first foundation pile, where the first flange of the angle bracket is i) matched in width to a width of the webbing and ii) has one or more holes in the first flange to be bolted to the webbing of the first foundation pile (figures 2 and 4).
Referring to claim 4: Schmidt and Fang teach all the limitations of claim 1 as noted above. Additionally, Fang teaches bolting a second flange of a second angle bracket in the bottom portion of the multiple-part pile cap (item 51) to a first flange (item 41), where one or more holes in the second flange of the second angle bracket in the bottom portion are matched in location with one or more holes in the first flange of the firsts bracket in the top portion (figure 3). Schmidt teaches a first angle bracket in the top portion of the multiple-part pile cap (item 112). It would have been obvious to recognize that item 112 of Schmidt would be attached to item 40 of Fang when the Fang elements replace the pile and bottom cap component of Schmidt. Additionally, it would be obvious to one of ordinary skill that the brackets would be attached in opposite 90-degree rotations in order to secure mating faces of the flanges together.
Referring to claim 5: Schmidt and Fang teach all the limitations of claim 1 as noted above. Additionally, Schmidt teaches bolting the bottom portion of the multiple-part pile cap to the top portion of the multiple part pile cap, and then, the top portion of the multiple-part pile cap is mechanically secured to the frame of the structure, and then any bolted connections are torqued to a predetermined torque value (figure 11). It would be obvious to one of ordinary skill to torque all fasteners to appropriate levels that are determined by the installation.
Referring to claim 6: Schmidt and Fang teach all the limitations of claim 1 as noted above. Additionally, they teach bolting the bottom portion of the multiple-part pile cap to the top portion of the multiple-part pile cap, where the top portion of the multiple-part cap pile is configured to match both a size and a shape of a frame of the structure that the first foundation pile is attaching to through the top portion of the multiple-part cap pile. When item 40 of Fang replaces items 104 and 108 of Schmidt they teach “bolting the bottom portion of the multiple-part pile cap to the top portion of the multiple-part pile cap” and Fang teaches “where the top portion of the multiple-part cap pile is configured to match both a size and a shape of a frame of the structure that the first foundation pile is attaching to through the top portion of the multiple-part cap pile” in figure 3. Having appropriate sized components allows for easy connection.
Referring to claim 9: Schmidt and Fang teach all the limitations of claim 1 as noted above. Additionally, Schmidt teaches the top portion of the multiple-part pile cap is a second angle bracket (item 112) and Fang teaches the bottom portion of the multiple-part pile cap is a first angle bracket (item 40). It would have been obvious to one of ordinary skill in the art to recognize that replacing the bottom portion of Schmidt with the bracket of Fang would result in the first angle bracket in the bottom portion and the second angle bracket in the top portion of the multiple-part pile cap are attached together in opposite 90-degree rotations when attached like the two portions of Schmidt would be.
Referring to claim 10: Schmidt and Fang teach all the limitations of claim 9 as noted above. Additionally, Schmidt teaches where a flange of the second angle bracket in the top portion of the multiple-part pile cap bolts to the frame of the structure (figure 11).
Referring to claim 11: Schmidt teaches a multiple-part pile cap includes a top portion (item 112) and a bottom portion (items 102 and 108) that are configured to supply a mechanical interface between a first foundation pile providing a foundation for a structure and a frame of a structure itself; wherein the multiple-part pile cap is configured to be installed onto the first foundation pile of a set of foundation piles driven into a ground to provide the foundation for the structure using the multiple-part pile cap as the mechanical interface between the first foundation pile and the frame of the structure being secured to the first foundation pile (figure 7). Schmidt does not teach wherein the bottom portion of the multiple-part pile cap is configured to be i) matched in width to a width of a webbing of the first foundation pile and ii) has one or more holes in a first flange of the multiple-part pile cap to be bolted to the webbing of the first foundation pile. However, Fang teaches a structural element with webbing (item 20) and providing the bottom portion of the multiple-part pile cap (item 40) that is i) matched in width to a width of a webbing of the first foundation pile and ii) has one or more holes (item 70) in a first flange of the multiple-part pile cap to be bolted to the webbing of the first foundation pile (figure 4).
It would have been obvious to one of ordinary skill in the art at the time of filing to create the device of Schmidt with the specific shaped piling and connection of Fang in order to allow for a different shaped structure to be used.
Referring to claim 12: Schmidt and Fang teach all the limitations of claim 11 as noted above. They do not specifically teach wherein the multiple-part pile cap is configured to be installed on the first foundation pile where one or more foundation piles of the set of foundation piles driven into the ground have been cut relative the other foundation piles in the set of foundation piles so that portions of the foundation piles in the set of foundation piles extending above ground level form a substantially level plane for the frame of the structure being secured to a set of multiple-part pile caps corresponding to the set of foundation piles so that the frame of the structure will be level when mechanically secured to the set of foundation piles. However, it would have been obvious to one of ordinary skill in the art at the time of filing to place the pile cap on foundation piles that have been set to a uniform height in order to provide a level base for a structure. It is well known to install pile or posts and before installation of an upper structure, create a level mounting be either ensuring the posts are driven to a certain depth that exposes a certain length of post or cutting posts to a certain height.
Referring to claim 13: Schmidt and Fang teach all the limitations of claim 11 as noted above. Additionally, Fang teaches wherein a first flange of an angle bracket in the bottom portion of the multiple- part pile cap is configured to be mated to the webbing in the first foundation pile, where the first flange of the angle bracket is i) matched in width to a width of the webbing and ii) has one or more holes in the first flange to be bolted to the webbing of the first foundation pile (figure 4). Mating a flange with a matching width to a pile as taught by Fang reduces the chance that the cap can rotate within the pile around a fastener.
Referring to claim 14: Schmidt and Fang teaches all the limitations of claim 11 as noted above. Additionally, Fang teaches wherein a second flange of a second angle bracket in the bottom portion of the multiple-part pile cap (item 51) is configured to be bolted to a first flange (item 41), where one or more holes in the second flange of the second angle bracket in the bottom portion are matched in location with one or more holes in the first flange of the firsts bracket in the top portion (figure 3). Schmidt teaches a first angle bracket in the top portion of the multiple-part pile cap (item 112). It would have been obvious to recognize that item 112 of Schmidt would be attached to item 40 of Fang when the Fang elements replace the pile and bottom cap component of Schmidt. Additionally, it would be obvious to one of ordinary skill that the brackets would be attached in opposite 90-degree rotations in order to secure mating faces of the flanges together.
Referring to claim 15: Schmidt and Fang teach all the limitations of claim 11 as noted above. Additionally, Schmidt teaches wherein the bottom portion of the multiple-part pile cap is configured to be bolted to the top portion of the multiple-part pile cap, and then, the top portion of the multiple-part pile cap is mechanically secured to the frame of the structure, and then any bolted connections are configured to be torqued to a predetermined torque value. (figure 11). It would be obvious to one of ordinary skill to torque all fasteners to appropriate levels that are determined by the installation.
Referring to claim 16: Schmidt and Fang teach all the limitations of claim 11 as noted above. Additionally, they teach wherein the bottom portion of the multiple-part pile cap is configured to be bolted to the top portion of the multiple-part pile cap, and Fang teaches where the top portion of the multiple-part cap pile is configured to match both a size and a shape of a frame of the structure that the first foundation pile is attaching to through the top portion of the multiple-part cap pile. When item 40 of Fang replaces items 104 and 108 of Schmidt they teach “bolting the bottom portion of the multiple-part pile cap to the top portion of the multiple-part pile cap” and Fang teaches “where the top portion of the multiple-part cap pile is configured to match both a size and a shape of a frame of the structure that the first foundation pile is attaching to through the top portion of the multiple-part cap pile” in figure 3. Having appropriate sized components allows for easy connection.
Referring to claim 19: Schmidt and Fang teach all the limitations of claim 11 as noted above. Additionally, Schmidt teaches the top portion of the multiple-part pile cap is a second angle bracket (item 112) and Fang teaches the bottom portion of the multiple-part pile cap is a first angle bracket (item 40). It would have been obvious to one of ordinary skill in the art to recognize that replacing the bottom portion of Schmidt with the bracket of Fang would result in the first angle bracket in the bottom portion and the second angle bracket in the top portion of the multiple-part pile cap are attached together in opposite 90-degree rotations when attached like the two portions of Schmidt would be.
Referring to claim 20: Schmidt and Fang teach all the limitations of claim 19 as noted above. Additionally, Schmidt teaches where a flange of the second angle bracket in the top portion of the multiple-part pile cap is configured to be bolted to the frame of the structure (figure 11).
Response to Arguments
Applicant’s arguments, see pages 9-11, filed April 17, 2026, with respect to the rejection(s) of claim(s) 1-6, 9-16, 19, and 20 under 35 USC 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Fang.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICK J MAESTRI whose telephone number is (571)270-7859. The examiner can normally be reached M-Th 7-3.
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/PATRICK J MAESTRI/Primary Examiner, Art Unit 3635
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