DETAILED ACTION
In response to remarks filed on 27 April 2026
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 27 April 2026 has been entered.
Status of Claims
Claims 1-12 are pending;
Claim 1 is currently amended;
Claims 2-12 were previously presented;
Claims 13-15 are cancelled;
Claims 1-12 are rejected herein.
Response to Arguments
Applicant’s arguments filed on 27 April 2026 have been fully considered and the new limitations overcome the cited art but a new rejection is presented herein. There are key differences between the gripping assembly of Luen and applicant’s gripping device. To overcome the rejection and proceed with an allowance, applicant should add to claim 1 a set of limitations indicating that (1) the gripping assembly has two clamping elements that clamp the pole; (2) the gripping device picks up and lifts the pole with the two clamping elements; and (3) the gripping assembly rotates the pole to a horizontal position to transfer and accommodate the pole in the positioning assembly while the positioning assembly is the home position.
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 1-3, 5 and 9-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thiessen (U.S. Patent No. 6,105,683) in view of Luen (U.K. Patent Publication. 2,169,334).
As to Claim 1, Thiessen discloses a machine (Figures 2A-2F) for the introduction of poles into the ground, the machine comprising:
At least one basic frame (20, 22);
At least one movement assembly (18) associated with said basic frame (20, 22) for the movement of said machine on the ground, at the point where at least one embedding area is located;
At least one beating assembly (60) associated with said basic frame (20, 22) and adapted to drive at least one pole (21) to make the pole penetrate at least partly into the ground at the point where at least said embedding area is located; and
At least one positioning assembly (34) of said pole (21), said positioning assembly being associated with said basic frame (20, 22) and provided with a housing seat, intended to accommodate said pole and movable in rotation around an axis of rotation (Compare Figures 2A and 2C), between a home position (Figure 2A), in which the housing seat is arranged substantially horizontally and receives said pole (21) and a working position (Figure 2C), in which the housing seat is arranged substantially vertically and positions said pole at the point where said beating assembly (60) is located;
Wherein said machine (Figures 2A-2F) further comprises a driving cabin associated with said basic frame (Column 1, Lines 5-8: “More particularly this invention relates to a post picker adapted to be used in conjunction with a hydraulic post pounder attached to a skid steer loader or another piece of mobile equipment”; Skid steer loaders have driving cabins).
However, Thiessen is silent about at least one distinct gripping assembly of said pole, associated with said basic frame and adapted to pick said pole from a lying location, the at least one positioning assembly of said pole being separate from the gripping assembly, said positioning assembly receives said pole from said gripping assembly, after it has been picked and transferred by the gripping assembly; wherein said gripping assembly comprises: at least one gripping device which is movable in order to grasp said pole and release the pole in said positioning assembly; at least one articulated arm associated with said basic frame and supporting said gripping device. Luen discloses at least one distinct gripping assembly (B) of a pole (30), associated with a basic frame (35) and adapted to pick said pole (30) from a lying location, and at least one positioning assembly (17, 18) of said pole being separate from the gripping assembly (B), said positioning assembly (17, 18) receives said pole (30) from said gripping assembly (B), after it has been picked and transferred by the gripping assembly (Figure 1); wherein said gripping assembly (B) comprises at least one gripping device (29) which is movable (via 26, 27 and 28) in order to grasp said pole (30) and release the pole in said positioning assembly; at least one articulated arm (21, 22, 23) associated with said basic frame and supporting said gripping device (29). Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to provide at least one distinct gripping assembly of said pole, associated with said basic frame and adapted to pick said pole from a lying location, the at least one positioning assembly of said pole being separate from the gripping assembly, said positioning assembly receives said pole from said gripping assembly, after it has been picked and transferred by the gripping assembly; wherein said gripping assembly comprises: at least one gripping device which is movable in order to grasp said pole and release the pole in said positioning assembly; at least one articulated arm associated with said basic frame and supporting said gripping device. The motivation would have been to transfer the pole from a storage position to the positioning assembly for installation.
As to Claim 2, Thiessen as modified teaches the invention of Claim 1 (Refer to Claim 1 discussion). Thiessen as modified also teaches wherein said housing seat (34) is of elongated conformation along an axis of extension (Axis coincident with longitudinal axis of 22), said axis of rotation being substantially perpendicular to said axis of extension (Compare Figures 2A and 2C).
As to Claim 3, Thiessen as modified teaches the invention of Claim 2 (Refer to Claim 2 discussion). Thiessen as modified also teaches wherein said positioning assembly (34) comprises a holding body (34) defining said housing seat (Figure 1), associated rotatable with said beating assembly (60) between said working position and said home position (Compare Figures 2A and 2C).
As to Claim 5, Thiessen as modified teaches the invention of Claim 3 (Refer to Claim 3 discussion). Thiessen as modified also teaches wherein said holding body (34) is shaped so as to accommodate said pole (21) to measure.
As to Claim 9, Thiessen as modified teaches the invention of Claim 3 (Refer to Claim 3 discussion). Thiessen as modified also teaches wherein said positioning assembly (34) comprises retaining device (Jaws in 34) of said pole during the movement of said holding body (34).
As to Claim 10, Thiessen as modified teaches the invention of Claim 9 (Refer to Claim 9 discussion). Thiessen as modified also teaches wherein said retaining device comprise at least one retaining body (Jaws in 34) associated with said holding body (34) and adapted to retain said pole (21) in said housing seat.
As to Claim 11, Thiessen as modified teaches the invention of Claim 10 (Refer to Claim 10 discussion). Thiessen as modified also teaches wherein said retaining body (Jaws in 34) is movable between an opening position, in which the retaining body is moved away (Jaws move away from each other and away to allow the placement of pole 21) from said housing seat and allows said pole (21) to be positioned with respect to said housing seat, and a closing position, in which the retaining body occludes (Jaws move towards each other to hold pole 21) said housing seat and holds said pole (21) stationary.
As to Claim 12, Thiessen as modified teaches the invention of Claim 10 (Refer to Claim 10 discussion). Thiessen as modified also teaches wherein with said holding body (34) in said working position (Figures 2C-2F), said retaining body can also be positioned in a slack position (Figure 2D), wherein the retaining body (Jaws of 34) is partly moved away from said housing seat and allows the movement of said pole (21) along said axis of sliding and guides the sliding thereof.
Claims 4 and 6-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thiessen (U.S. Patent No. 6,105,683) in view of Luen (U.K. Patent Publication. 2,169,334); and further in view of McDowell et al (U.S. Patent No. 5,375,664).
As to Claim 4, Thiessen as modified teaches the invention of Claim 3 (Refer to Claim 3 discussion). Thiessen as modified also teaches wherein said beating assembly (60) comprises at least one working frame (22) associated with said basic frame (20, 22) and extending along a substantially vertical axis of movement (Axis coincident with longitudinal axis of 22; Compare Figures 2C, 2D and 2E); and at least one beating device (60) associated in a moving manner with said working frame (22) along said axis of movement and adapted to drive at least partly said pole (21) into the ground; and said axis of rotation being substantially perpendicular to said axis of movement (Compare Figures 2A and 2C). However, Thiessen as modified is silent about the beating device sliding with respect to the working frame. McDowell discloses a beating device (38) that slides (Column 4, Lines 36-37: “A vibratory hydraulic hammer 38 is slidably mounted at the forward side of the lead 30”) with respect to a working frame (30). Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to have the beating device slide with respect to the working frame since such a modification would still yield the same downward movement required to drive the pole.
As to Claim 6, Thiessen as modified teaches the invention of Claim 4 (Refer to Claim 4 discussion). Thiessen as modified also teaches wherein said positioning assembly (34) comprises actuating device (36) placed between said working frame and said holding body (34) and adapted to move said holding body between said home position and said working position.
As to Claim 7, Thiessen as modified teaches the invention of Claim 4 (Refer to Claim 4 discussion). Thiessen as modified also teaches about wherein said positioning assembly (34) comprises an adjustment device (32) adapted to vary the extension of said housing seat (Element 32 with the assistance of actuating device 36 opens the jaws of 34 to make the seat wider -i.e. extend the width- to accept the pole and then closes the jaws to grab the pole).
As to Claim 8, Thiessen as modified teaches the invention of Claim 7 (Refer to Claim 7 discussion). Thiessen as modified also teaches wherein said holding body (34) comprises a first portion (30) associated with said working frame (22) and a second portion (50) associated with said first portion (30), said adjustment device (32) comprising a sliding system (Right and left end portions of adjustment device 32 slides upwards and downwards with while pivoting with respect to 30) positioned between said first portion (30) and said second portion (50) and adapted to allow said second portion (50) to slide with respect to said first portion (30) along said axis of extension.
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
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