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 .
Amendment filed 1/22/2026 has been entered. Claims 1-13 and 15-16 remain pending in the present application.
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 2-4, 6-8 and 16 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.
Claim 2 recites the limitation "the auger" in Line 2. There is insufficient antecedent basis for this limitation in the claim.
Re. Cl. 8, Applicant introduces the term “sand” for the first and only time throughout the claims while elsewhere referring to “earthen material.” Presumably, the earthen medium could possibly be sand but earthen material encompasses a large variety of other materials besides sand. It is unclear if these are the same materials since consistent language is not used throughout the claim. Therefore, the limitation is indefinite since and it is suggested that the Applicant use the same terminology throughout the claims to overcome this issue.
Claim 16 recites the limitation "the first opening" in Line 5. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-13 are rejected under 35 U.S.C. 103 as being unpatentable over Yackley US 9957685 (hereinafter Yackley) in view of Blackburn US 1086640 (hereinafter Blackburn).
Re. Cl. 1, Yackley discloses: An anchor (Fig. 2) of the type which can be penetrated into earthen material (see Fig. 2 and 5), comprising: a shaft (108, Fig. 2), having a central axis (see Fig. 2, vertical axis) and first and second opposing ends (top and bottom end of 108, Fig. 2) extending in opposing directions along the central axis (see Fig. 2); a device (156, Fig. 2) configured to penetrate through a surface of and within the earthen material to displace the earthen material (see Fig. 5 for example), the device configured for attachment to the first shaft end for rotation therewith so that (see Fig. 2, as being connected to 108), when the shaft is rotated while a downward force from the weight of the shaft is translated through the device to the earthen material (see Fig. 5), the device can both penetrate into the earthen material and pull a portion of the anchor shaft into the earthen material (see Fig. 2 and 5, due to the spiral shape of 156); an assembly (160, Fig. 2) coupled to impart a rotational force to the shaft and cause the device to rotate with the shaft (see Fig. 2); a first wall (120, Fig. 2) attached along the shaft and configured to provide a cavity along or about the first axis (see Fig. 2 and 5), each cavity having an opening (128, Fig. 2-3) positionable to receive earthen material therethrough while the device is penetrating into or within the earthen material (see Fig. 4-5, ground 174), this causing the shaft to be pulled into the earthen material as the device penetrates the earthen material (see Fig. 4-5).
Re. Cl. 2, Yackley discloses: the opening associated with each cavity is oriented to face a portion of the earthen material through which the auger penetrates the earthen material (see Fig. 4-5).
Re. Cl. 5, Yackley discloses: the device for penetrating into and displacing the earthen material is an auger (see Fig. 2).
Re. Cl. 8, Yackley discloses: the device for penetrating into and displacing the earthen material is an auger (see Fig. 2).
Re. Cl. 9, Yackley discloses: the device for penetrating into and displacing the earthen material is an auger (see Fig. 2), the assembly coupled to impart the rotational force to the shaft and cause the auger to rotate with the shaft comprises a handle bar (see 160, Fig. 2) attachable to the shaft to effect rotation of the auger (see Fig. 2).
Re. Cl. 10, Yackley discloses: the device comprises a screw-type auger (see 156, Fig. 2) having a lower end for penetrating into the earthen material and an upper end configured for attachment to the first shaft end for rotation therewith (see Fig. 2).
Re. Cl. 11, Yackley discloses: the assembly coupled to impart the rotational force comprises a handle connectable to the shaft (see 160, Fig. 2).
Re. Cl. 12, Yackley discloses: An anchor (Fig. 2) for securing an object in a location near an earthen medium having an upper surface (see Fig. 4-5), comprising: a shaft (108, Fig. 2) having an outer surface and opposing upper and lower ends (see Fig. 2); an auger attachable to the shaft lower end for penetrating into and displacing material of the earthen medium (see 156, Fig. 2), the auger suitable for penetrating through the upper surface of the earthen medium and for displacing the shaft lower end below the earthen surface (see Fig. 5); a first wall (120, Fig. 2) connected to the shaft with a first portion of the first wall positioned in spaced-apart relation to the shaft to create a first cavity having a first opening (128, Fig. 2-3) into which material of the earthen medium may enter the cavity as the auger rotates (see Fig. 2-5), where when penetrating through the upper surface or further into the earthen medium, the opening associated with each cavity is oriented to face portions of the earthen material through which the auger is penetrating (see Fig. 5).
Re. Cl. 13, Yackley discloses: penetrating into and displacing material of the earthen medium into the first cavity improves securement or stability of an object attached to the anchor (see Fig. 4-5, by having 174 inside 120, the mass of the anchor is increased, thus improving stability) .
Re. Cls. 1, 3-8 and 12-13, Yackley does not disclose at least first and second sidewalls attached along the shaft and configured to provide at least two cavities (Cl. 1), the axial length of a first concentric cylinder of smaller diameter is greater than the axial length of a second concentric cylinder of greater diameter (Cl. 3), the walls define concentric cylinders (Cl. 4), each cylinder extends along the central axis with an associated one of the openings configured to face the earthen material while the auger penetrates the earthen material (Cl. 5), the walls are concentric cylinders, each having an axial length measurable along the central axis and the walls are tiered in axial length to produce a stepped arrangement of different axial lengths and different outer diameters about the shaft (Cl. 6), the concentric cylinders create a plurality of annular cavities each positioned between two of the cylinders (Cl. 7) or the walls are collectively formed as concentric cylinders defining annular cavities about the central axis, and when the anchor is embedded into sand by rotation of the auger and, while or after at least one of the plurality of concentric cylinders is being penetrated into the earthen media, the earthen media is moved into an annular cavity between a pair of adjacent cylinders (Cl. 8), second wall connected to the shaft with a second portion of the second wall positioned in spaced-apart relation to the shaft and positioned in spaced-apart relation to the first portion of the first wall to create a second cavity having a first opening into which material of the earthen medium may enter into the second cavity as the auger rotates (Cl. 12), penetrating into and displacing material of the earthen medium into the second cavity improves securement or stability of an object attached to the anchor (Cl. 13). Blackburn discloses an anchor (Fig. 3) which is supported within earthen material (see Fig. 3) that comprises a shaft (9) having a central axis and one or more walls attached along the shaft (6-7, Fig. 2). Re. Cl. 1, Blackburn discloses at least first and second walls (see 7’s Fig. 2) attached along the shaft (see Fig. 2) and configured to provide at least two cavities along or about the first axis (see Fig. 2, between 7s), each cavity having an opening positionable to receive earthen material therethrough (see Fig. 3). Re. Cl. 3, Blackburn discloses the axial length of a first concentric cylinder of smaller diameter is greater than the axial length of a second concentric cylinder of greater diameter (see Fig. 2, the axial length of walls 7 decreases as they get further away from shaft 9). Re. Cl. 4, Blackburn discloses the walls define concentric cylinders (see Fig. 2). Re. Cl. 5, Blackburn discloses each cylinder extends along the central axis with an associated one of the openings configured to face the earthen material (see Fig. 3, shown as facing and receiving the stone material). Re. Cl. 6, Blackburn discloses the walls are concentric cylinders (see Fig. 1 and 2), each having an axial length measurable along the central axis and the walls are tiered in axial length to produce a stepped arrangement of different axial lengths and different outer diameters about the shaft (see Fig. 2). Re. Cl. 7, Blackburn disclose the concentric cylinders create a plurality of annular cavities each positioned between two of the cylinders (see Fig. 2). Re. Cl. 8, Blackburn discloses the walls are collectively formed as concentric cylinders defining annular cavities about the central axis (see Fig. 2), and when the anchor is embedded into sand (see Fig. 3, shown as stone which becomes embedded in the walls) the earthen media is moved into an annular cavity between a pair of adjacent cylinders (see Fig. 3). Re. Cl. 12, Blackburn discloses a second wall connected to the shaft with a second portion of the second wall positioned in spaced-apart relation to the shaft and positioned in spaced-apart relation to the first portion of the first wall to create a second cavity having a first opening into which material of the earthen medium may enter into the second cavity as the auger rotates (see 7s, Fig. 2 and shown as having medium embedded in Fig. 3). Re. Cl. 13, Blackburn discloses penetrating into and displacing material of the earthen medium into the second cavity improves securement or stability of an object attached to the anchor (see Fig. 3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the Yackley device to have multiple tiered walls/cylinders as disclosed by Blackburn (specifically modifying 120 in Yackley so there are multiple 122s in the tiered relationship shown by 7s in Blackburn) with reasonable expectation of success since Blackburn states that such a modification provides a maximum holding efficiency by having earthen material (i.e. stone) embedded in the walls of the ribs (Lines 65-73).
Re. Cls. 2, 5, and 8, the combination of Yackley in view of Blackburn would disclose: the openings associated with each cavity facing a portion of the earthen material through which the auger penetrates the earthen material (by multiplying 122s in Yackley so they have tiered walls in the form of Blackburn’s walls 7, the openings of the cavities would still face the earthen material as shown in Fig. 5 of Yackley); the anchor is embedded into sand by rotation of the auger and, while or after at least one of the plurality of concentric cylinders is being penetrated into the earthen media material (by multiplying 122s in Yackley so they have tiered walls in the form of Blackburn’s walls 7, the openings of the cavities would still face the earthen material as shown in Fig. 5 of Yackley).
Claims 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over MacKarvich US 6128867 (hereinafter MacKarvich) in view of Blackburn.
Re. Cl. 15, MacKarvich discloses: A method of anchoring an object in a location near an earthen medium having an upper surface (see Fig. 4), comprising: providing an anchor (20, Fig. 1 and 4) comprising a rotatable shaft (22, Fig. 1) having a containers (26, Fig. 1) positioned along the shaft for holding earthen material therein (see Fig. 4) with the container having an opening (see Fig. 1); with an auger (24, Fig. 1) positioned to extend along or from a lower end of the shaft, rotating the shaft, causing the auger to penetrate into the earthen medium and pull a combination of portions of the shaft and the container into the earthen medium (see Fig. 4; Col. 4, Lines 5-17) and, with the opening of the container facing the earthen medium (see Fig. 1-4), thereby causing the container to receive some material from the penetrated earthen medium through the opening (see Fig. 4).
Re. Cl. 16, MacKarvich discloses: the container includes one or more apertures (46, Fig. 1) and, prior to causing the auger to penetrate into the earthen medium, the one or more containers contain air or liquid media (see Fig. 1, due to the open shape of 26, the container would contain air), and the step of causing the one or more containers to receive some of the material includes positioning the first opening of each container to receive the earthen medium therein while allowing air or liquid present in the container to exit the container through the aperture (see Fig. 1, due to the inclusion of 46 as shown, air would be forced out of 26 and through the opening when earth material enters into 26 and replaces the air).
Re. Cl. 15, MacKarvich does not disclose the shaft having two or more containers, with at least two of the containers having an opening, the openings of the at least two containers facing the earthen medium, thereby causing the at least two containers to receive some material from the penetrated earthen medium through both of the openings. Blackburn discloses an anchor (Fig. 3) which is supported within earthen material (see Fig. 3) that comprises a shaft (9) having a central axis and one or more walls attached along the shaft (6-7, Fig. 2). Re. Cl. 15, Blackburn discloses the shaft having two or more containers (see Fig. 2, created between 7s), with at least two of the containers having an opening (see Fig. 2), which enable the containers to receive earthen medium to maximize the stabilization of the device (see Fig. 3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the MacKarvich device to have multiple tiered walls/cylinders as disclosed by Blackburn (specifically modifying 30 in MacKarvich so there are multiple 30s in the tiered relationship shown by 7s in Blackburn) with reasonable expectation of success since Blackburn states that such a modification provides a maximum holding efficiency by having earthen material (i.e. stone) embedded in the walls of the ribs (Lines 65-73).
Re. Cl. 15, the combination of MacKarvich would disclose: the openings of the at least two containers facing the earthen medium, thereby causing the at least two containers to receive some material from the penetrated earthen medium through both of the openings (by multiplying 30s in MacKarvich so they have tiered walls in the form of Blackburn’s walls 7, the openings of the cavities would still face the earthen material as shown in Fig. 4 of MacKarvich and function to receive earthen material therein).
Response to Arguments
Applicant's arguments filed 1/22/2026 have been fully considered but they are not persuasive.
Re. Applicant’s argument that Blackburn does not appear to teach of suggest anything other than the disclosed anchor placed within what appears to be a pre-bored hole with the concentric rings facing upward with the respect to the bore, the Examiner wishes to point out that the rejection is based on a combination of two references (i.e. Yackley and Blackburn and MacKarvich and Blackburn) and the arguments are directed singularly to Blackburn while ignoring the other references. In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). Specifically, both Yackley and MacKarvich disclose known configurations with a single container having an opening facing the earthen material while the auger penetrates the material (see 120, Fig. 5 in Yackley and 30, Fig. 4 in MacKarvich), receiving the earthen material therein thus providing a secure anchor (see Figs. 5 and 4 in Yackley and MacKarvich respectively). Blackburn was relied upon to disclose the use of multiple tiered containers to receive earthen material which improves the stability of the anchor by providing a maximum holding efficiency by having earthen material (i.e. stone) embedded in the walls of the ribs (Lines 65-73). Therefore, the rejection was to modify the Yackley and MacKarvich devices to duplicate their container in a tiered fashion (i.e. still facing downwards towards the augers) to provide maximum holding efficiency. Arguing that Blackburn does not disclose the downward facing nature of the containers does not take into account what is taught by the base references. It is the Examiner’s position that one of ordinary skill would recognize how to modify Yackley and MacKarvich to duplicate their containers based on the teachings of Blackburn, thus arriving at Applicant’s claimed invention in an obvious manner. Therefore, Applicant’s argument has been considered but is not persuasive since it does not address the combination of the references cited in the rejection and only addresses a single reference.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Mudgett US 200217, Kinney US 254662, Jay US 911504, and Cornett US 3887154 disclose other known anchors presented to the Applicant for their consideration.
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 CHRISTOPHER E GARFT whose telephone number is (571)270-1171. The examiner can normally be reached Monday-Friday 8:00 a.m. to 5:00 p.m..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Terrell McKinnon can be reached at (571)272-4797. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER GARFT/Primary Examiner, Art Unit 3632