DETAILED ACTION
In response to remarks filed on 5 August 2025
Status of Claims
Claims 1-12 are pending;
Claims 1, 6-8 and 10 are currently amended;
Claims 2-5, 9, 11 and 12 were previously presented;
Claims 13-15 are cancelled;
Claims 1-12 are rejected herein.
Response to Arguments
Applicant’s arguments filed on 5 August 2025 have been fully considered and they are not persuasive. The added limitations read on the prior art as indicated in the cited portions. Regarding applicant’s argument “It does not disclose a housing seat that itself rotates from horizontal (receiving) to vertical (presenting), nor a two-stage hand-off from a gripper on an articulated arm to such a rotatable seat”. The claim does not recite that the housing “itself” rotates not recites a “a two-stage hand-off from a gripper on an articulated arm to such a rotatable seat”. The interpreted housing seat of Schletter rotates together with other elements and the gripper of Schetter moves -i.e. open and close- to grab or release the pole which meet the limitations as claimed.
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 1-6 and 8-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schletter et al (W.I.P.O. International Publication No. 2012010133).
As to Claim 1, Schletter discloses a machine for the introduction of poles into the ground, the machine comprising:
At least one basic frame (19);
At least one movement assembly (3) associated with said basic frame (1) 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 (2) associated with said basic frame (1) and adapted to drive at least one pole (24) to make the pole penetrate at least partly into the ground at the point where at least said embedding area is located;
At least one gripping assembly (Upper pair 17, 18) of said pole, associated with said basic frame (1) and adapted to pick said pole (24) from a lying location; and
At least one positioning assembly (8) of said pole, associated with said basic frame and provided with a housing seat (13), intended to accommodate said pole (24) and movable in rotation around an axis of rotation, between a home position (Figure 1), in which the housing seat (13) is arranged substantially horizontally and receives said pole (24) from said gripping assembly (17, 18), and a working position (Figure 6), in which the housing seat (13) is arranged substantially vertically and positions said pole (24) at the point where said beating assembly (2) is located;
Wherein said gripping assembly comprises:
At least one gripping device (Upper pair 17, 18) which is movable in order to grasp said pole (24) and release the pole in said positioning assembly;
At least one articulated arm (Figure 3 shows gripping assembly 17, 18 made up of several parts. The L-shaped arms are the articulated arms) associated with said basic frame and supporting said gripping device; and
Wherein said machine further comprises a driving cabin (4) associated with said basic frame (19).
As to Claim 2, Schletter discloses the invention of Claim 1 (Refer to Claim 1 discussion). Schletter also discloses wherein said housing seat (13) is of elongated conformation along an axis of extension (Figure 3), said axis of rotation (Axis S) being substantially perpendicular to said axis of extension (Axis D2).
As to Claim 3, Schletter discloses the invention of Claim 2 (Refer to Claim 2 discussion). Schletter also discloses wherein said positioning assembly (8) comprises a holding body (10, 11, 12, 13, 15) defining said housing seat (13), associated rotatable with said beating assembly (2) between said working position and said home position.
As to Claim 4, Schletter discloses the invention of Claim 3 (Refer to Claim 3 discussion). Schletter also discloses wherein said beating assembly (2) comprises at least one working frame (1) associated with said basic frame and extending along a substantially vertical axis of sliding (Compare figures 5 and 6); and at least one beating device (2) associated in a sliding manner (Compare figures 5 and 6) with said working frame (1) along said axis of sliding and adapted to drive at least partly said pole (24) into the ground; and said axis of rotation (Axis S) being substantially perpendicular to said axis of sliding (Axis D1).
As to Claim 5, Schletter discloses the invention of Claim 3 (Refer to Claim 3 discussion). Schletter also discloses wherein said holding body (10, 11, 12, 13, 15) is shaped so as to accommodate said pole (24) to measure.
As to Claim 6, Schletter discloses the invention of Claim 4 (Refer to Claim 4 discussion). Schletter also discloses wherein said positioning assembly (8) comprises actuating device (9) placed between said working frame (1) and said holding body (10, 11, 12, 13, 15) and adapted to move said holding body between said home position and said working position.
As to Claim 8, Schletter discloses the invention of Claim 4 (Refer to Claim 4 discussion). Schletter also discloses wherein said holding body (10, 11, 12, 13, 15) comprises a first portion (10) associated with said working frame and a second portion (15) associated with said first portion (10), said adjustment device (14) comprising a sliding system positioned between said first portion (10) and said second portion (15) and adapted to allow said second portion to slide (Slides horizontally via the overlapping portions below element 14 shown by comparing figures 3 and 4) with respect to said first portion (10) along said axis of extension (Axis D2).
As to Claim 9, Schletter discloses the invention of Claim 3 (Refer to Claim 3 discussion). Schletter also discloses wherein said positioning assembly (8) comprises retaining device (Lower pair 17, 18) of said pole during the movement of said holding body (10, 11, 12, 13, 15).
As to Claim 10, Schletter discloses the invention of Claim 9 (Refer to Claim 9 discussion). Schletter also discloses wherein said retaining device comprise at least one retaining body (Lower pair 17, 18) associated with said holding body (10, 11, 12, 13, 15) and adapted to retain said pole in said housing seat (13).
As to Claim 11, Schletter discloses the invention of Claim 10 (Refer to Claim 10 discussion). Schletter also discloses wherein said retaining body (Lower pair 17, 18) is movable between an opening position, in which the retaining body is moved away (Jaws move away from each other and away from the centerline of housing seat 13 to allow the placement of pole 24) from said housing seat (13) and allows said pole (24) to be positioned with respect to said housing seat, and a closing position, in which the retaining body occludes (Jaws move towards from each other and towards the centerline of housing seat 13 to allow the placement of pole 24) said housing seat and holds said pole (24) stationary.
As to Claim 12, Schletter discloses the invention of Claim 10 (Refer to Claim 10 discussion). Schletter also discloses wherein with said holding body (10, 11, 12, 13, 15) in said working position (Figure 5), said retaining body can also be positioned in a slack position (Figure 6), wherein the retaining body (Lower pair 17, 18) is partly moved away (For the pile 24 to move downwards when being hammered, it is inherent that the retaining body must be slightly moved away) from said housing seat (13) and allows the movement of said pole (24) along said axis of sliding and guides the sliding thereof.
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 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schletter et al (W.I.P.O. International Publication No. 2012010133) in view of Russell (U.S. Patent Application Publication No. 2008/0210449).
As to Claim 7, Schletter discloses the invention of Claim 4 (Refer to Claim 4 discussion). However, Schletter is silent about wherein said positioning assembly comprises adjustment device adapted to vary the extension of said housing seat. Russell discloses a positioning assembly (2) comprises adjustment device (6, 7) adapted to vary the extension of a housing seat (1). Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to provide adjustment device to said positioning assembly, the adjustment device adapted to vary the extension of said housing seat. The motivation would have been to accommodate longer piles.
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 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