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 .
DETAILED ACTION
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 24, and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Arakawa (JP 09119141) in view of Sirola et al. (US 2016/0163419; hereinafter Sirola ‘419), Ramme (US 2007/0240620), and Feng et al. (CN 107310022).
Regarding claim 1, Arakawa discloses an electrically grounded and corrosion-protected assembly, comprising: a structure comprising a utility pole (electric utility pole 3) having a bottom portion that is buried in the earth; a water impermeable and electrically conductive cementitious surround (cement 4; Examiner takes the position that the slurry of which the cement is formed contains water, which is electrically conductive and, therefore the cement as disclosed by Arakawa reads on the claim limitation(s).) applied to at least a section of the portion that is buried in the earth (ground 1), wherein the surround is in direct contact with the section and is between the section and the earth (Figs. 2 and 4; abstract; paragraph 0008). Arakawa fails to explicitly disclose the structure is metallic; the utility pole comprises a metallic body and a polymeric jacket applied directly to the metallic body, and the polymeric jacket is electrically conductive and water impermeable; the cementitious surround has an electrical resistivity of less than or equal to 10,000 ohm cm; and a brace embedded in the cementitious surround and supporting the metallic structure, wherein the brace is non-electrically conductive and non-water permeable and comprises a gravel. Sirola ‘419 teaches a metallic telephone pole (electrical power transmission tower comprising a steel pylon 300), wherein the utility pole (300) comprises a metallic body (metallic conductor 302) and a polymeric jacket (water impermeable conductive membrane 304 comprising a polymeric material) applied directly to the metallic body, and the polymeric jacket is electrically conductive and water impermeable (Fig. 3B; paragraphs 0023, 0025, 0031, 0032, and 0034). It would have been considered obvious to one of ordinary skill in the art, prior to the effective filing date of the invention, to have modified the pole as disclosed by Arakawa with the metallic material as taught by Sirola ‘419 as a design consideration within the skill of the art. The selection of a known material based upon its suitability for the intended use is a design consideration within the skill of the art. In re Leshin, 227 F.2d 197, 125 USPQ 416 (CCPA 1960). It would have been considered obvious to one of ordinary skill in the art, prior to the effective filing date of the invention, to have modified the apparatus as disclosed above with the utility pole comprises a metallic body and a polymeric jacket applied directly to the metallic body, and the polymeric jacket is electrically conductive and water impermeable as taught by Sirola ‘419 to reduce the rate of corrosion of the utility pole. Sirola ‘419 fails to teach the cementitious surround has an electrical resistivity of less than or equal to 10,000 ohm cm; and a brace embedded in the surround and supporting the metallic structure, wherein the brace is non-electrically conductive and non-water impermeable and comprises a gravel. Ramme teaches a cementitious material has an electrical resistivity of less than or equal to 10,000 ohm cm (less than about 6,000 ohm cm) (paragraph 0035) for use in structures that may be struck by lightning to provide a material which conducts energy efficiently into the earth quickly and seamlessly. Arakawa is silent regarding the electrical resistivity of the cementitious material. It would have been considered obvious to one of ordinary skill in the art, prior to the effective filing date of the invention, to have modified the cementitious material as disclosed by Arakawa with the electrical resistivity as taught by Ramme to provide a material which conducts energy efficiently into the earth quickly and seamlessly, thereby providing protection for a metallic structure such as a utility pole that might be struck by lightning by dissipating energy quickly and efficiently. Feng teaches a brace (gravel) embedded in the surround (cement) and supporting the pole (foundation pile 1), wherein the brace is non-electrically conductive and non-water impermeable and comprises a gravel (Figs. 2 - 4; abstract; pages 1, 2, and 4 of the previously submitted translation of the description) to provide lateral support for the foundation pile. It would have been considered obvious to one of ordinary skill in the art, prior to the effective filing date of the invention, to have modified the cement as disclosed by Arakawa with the brace comprising gravel that is embedded in the surround as taught by Feng (gravel mixed with cement to form concrete) to provide lateral support for the metallic structure.
Regarding claim 24, Arakawa fails to disclose the polymeric jacket comprises a polymeric matrix and a particulate carbonaceous material dispersed in the polymeric matrix. Sirola ‘419 teaches the polymeric jacket comprises a polymeric matrix (elastomeric polymers) and a particulate carbonaceous material dispersed in the polymeric matrix (paragraph 0029). It would have been considered obvious to one of ordinary skill in the art, prior to the effective filing date of the invention, to have modified the pole as disclosed by Arakawa with the jacket as taught by Sirola ‘419 to provide the jacket with desired performance characteristics, such as electrical resistivity and tensile strength.
Regarding claim 25, Arakawa fails to disclose polymeric jacket comprises an epoxy matrix and a particulate carbonaceous material dispersed in the epoxy matrix (paragraph 0049). It would have been considered obvious to one of ordinary skill in the art, prior to the effective filing date of the invention, to have modified the pole as disclosed by Arakawa with the jacket as taught by Sirola ‘419 to provide the jacket with desired performance characteristics, such as electrical resistivity and tensile strength.
Claim 7 - 11 are rejected under 35 U.S.C. 103 as being unpatentable over Arakawa in view of Sirola ‘419, Ramme, and Feng et al. as applied to claim 1 above, and further in view of Sirola et al. (US 2005/0194576; hereinafter Sirola ‘576).
Regarding claims 7 - 9, Arakawa in view of Sirola ‘419, Ramme, and Feng discloses all of the claim limitation(s) except the cementitious surround comprises a cementitious matrix comprising Portland cement and a particulate carbonaceous material comprising calcined petroleum coke dispersed in the cementitious matrix. Sirola ‘576 teaches the cementitious surround comprises a cementitious matrix comprising Portland cement and a particulate carbonaceous material comprising calcined petroleum coke dispersed in the Portland cement (paragraph 0044 and 0056). It would have been considered obvious to one of ordinary skill in the art, prior to the effective filing date of the invention, to have modified the surround as disclosed by Arakawa with the cementitious matrix comprising Portland cement and the particulate carbonaceous material comprising calcined petroleum coke as taught by Sirola ‘576 to provide the surround with desired properties, such as a particular viscosity. The substitution of one known element (surround comprising a cementitious matrix comprising Portland cement and a particulate carbonaceous material comprising calcined petroleum coke as taught by Sirola ‘576) for another (cement as disclosed by Arakawa) would have yielded predictable results to one of ordinary skill in the art prior to the effective filing date of the invention. KSR International Co. V. Teleflex Inc., 550 U.S. 82 USPQ2d 1385(2007).
Regarding claim 10, Arakawa in view of Sirola ‘419, Ramme, and Feng discloses all of the claim limitation(s) except the cementitious surround comprises between 5 wt% and 70 wt% Portland cement, and between 30 wt% and 90 wt% calcined petroleum coke. Sirola ‘576 teaches the cementitious surround comprises between 5 wt% and 70 wt% Portland cement (50%; paragraph 0056), and between 30 wt% and 90 wt% calcined petroleum coke (45% - 55%) (paragraphs 0044 and 0056). It would have been considered obvious to one of ordinary skill in the art, prior to the effective filing date of the invention, to have modified the surround as disclosed above with the cementitious surround comprising between 5 wt% and 70 wt% Portland cement and between 30 wt% and 90 wt% calcined petroleum coke as taught by Sirola ‘576 to provide the surround with desired properties, such as a particular viscosity.
Regarding claim 11, Arakawa in view of Sirola ‘419, Ramme, and Feng discloses all of the claim limitations except the cementitious surround comprises up to 50% slag. Sirola ‘576 teaches a cementitious surround (carbonaceous concrete conductive sheathing) comprising up to 50% Portland cement (paragraphs 0044 and 0056) and the cementitious surround can be composed of Portland cement or slag (abstract; paragraphs 0011 and 0044). It would have been considered obvious to one of ordinary skill in the art, prior to the effective filing date of the invention, to have modified the cementitious binder as disclosed above with the slag as taught by Sirola ‘576 as a design consideration within the skill of the art. The substitution of one known element (cementitious binder comprising Portland cement) for another (cement binder) would have yielded predictable results to one of ordinary skill in the art prior to the effective filing date of the invention. KSR International Co. V. Teleflex Inc., 550 U.S. 82 USPQ2d 1385 (2007). Examiner takes the position that it would have been obvious to have substituted 50% slag for 50% Portland cement to maintain the same relative proportions of carbon material and cementitious material in the slurry.
Claims 12, 13, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Arakawa in view of Sirola ‘419, Sun et al. (US 2018/0002885), and Slagle (US 3340929).
Regarding claims 12 and 20, Arakawa discloses a method for electrically grounding and corrosion-protecting a metallic structure that has been lowered into a hole in the earth, comprising: a bottom portion of the structure that has been lowered into a hole in the earth (1), wherein a gap is between the bottom portion and the earth; applying a cementitious slurry (cement 4) to the gap between the bottom portion and the earth; and curing the cementitious slurry to form a water impermeable and electrically conductive cementitious surround (Examiner notes that even a hardened cement contains at least a small amount of water and water is electrically conductive.) on the bottom portion (Figs. 2 and 4; abstract; paragraph 0008). Arakawa fails to disclose the structure is metallic; the utility pole comprises a metallic body and a polymeric jacket applied directly to the metallic body, and the polymeric jacket is electrically conductive and water impermeable; at least partially filling a gap with a non-electrically-conductive and non-water-impermeable gravel to form a brace around a bottom portion of a metallic structure that has been lowered into a hole in the earth, and wherein the brace is positioned around the metallic structure to support the metallic structure; combining a cementitious powder with water to form a cementitious slurry, wherein the cementitious slurry comprises a cementitious matrix and a particulate carbonaceous material dispersed in the matrix, and wherein the cementitious powder is combined with water in a ratio of between 4 US gallons of water and 5 US gallons of water per 55 lb of cementitious powder; and enveloping the brace in the cementitious slurry by applying the cementitious slurry to the gravel and flowing the cementitious slurry through the gravel to fill spaces in the gravel; and curing the cementitious slurry with the brace embedded therein such that the cementitious surround encapsulates the polymeric jacket. Sirola ‘419 teaches a metallic telephone pole (electrical power transmission tower comprising a steel pylon 300), wherein the utility pole (300) comprises a metallic body (metallic conductor 302) and a polymeric jacket (water impermeable conductive membrane 304 comprising a polymeric material) applied directly to the metallic body, and the polymeric jacket is electrically conductive and water impermeable (Fig. 3B; paragraphs 0023, 0025, 0031, 0032, and 0034). It would have been considered obvious to one of ordinary skill in the art, prior to the effective filing date of the invention, to have modified the pole as disclosed by Arakawa with the metallic material as taught by Sirola ‘419 as a design consideration within the skill of the art. The selection of a known material based upon its suitability for the intended use is a design consideration within the skill of the art. In re Leshin, 227 F.2d 197, 125 USPQ 416 (CCPA 1960). It would have been considered obvious to one of ordinary skill in the art, prior to the effective filing date of the invention, to have modified the apparatus as disclosed above with the utility pole comprises a metallic body and a polymeric jacket applied directly to the metallic body, and the polymeric jacket is electrically conductive and water impermeable as taught by Sirola ‘419 to reduce the rate of corrosion of the utility pole. Sirola ‘419 fails to teach at least partially filling a gap with a non- electrically-conductive and non-water-impermeable gravel to form a brace around a bottom portion of a metallic structure that has been lowered into a hole in the earth, and wherein the brace is positioned around the metallic structure to support the metallic structure; combining a cementitious powder with water to form a cementitious slurry, wherein the cementitious slurry comprises a cementitious matrix and a particulate carbonaceous material dispersed in the matrix, and wherein the cementitious powder is combined with water in a ratio of between 4 US gallons of water and 5 US gallons of water per 55 lb of cementitious powder; and enveloping the brace in a cementitious slurry by applying the cementitious slurry to the gravel and flowing the cementitious slurry through the gravel to fill spaces in the gravel, wherein the cementitious slurry comprises a cementitious matrix and a particulate carbonaceous material dispersed in the matrix; and curing the cementitious slurry with the brace embedded therein such that the cementitious surround encapsulates the polymeric jacket. Sun teaches at least partially filling a gap with a non-electrically-conductive and non-water-permeable gravel (gravel layer 9) to form a brace in a gap around a bottom portion of a structure (anchor rod 101) that has been lowered into a hole (drill hole 7) in the earth, and wherein the brace (9) is positioned around the structure to support the structure; and enveloping the brace (9) in a cementitious slurry (mortar anchorage body 8) by applying the cementitious slurry to the gravel and flowing the cementitious slurry through the gravel to fill spaces in the gravel, wherein the cementitious slurry comprises a cementitious matrix and a particulate carbonaceous material dispersed in the matrix (paragraph 0027); and curing the cementitious slurry with the brace embedded therein (paragraph 0027) (Fig. 2; paragraphs 0021 - 0027). It would have been considered obvious to one of ordinary skill in the art, prior to the effective filing date of the invention, to have modified the method as disclosed above with the steps of at least partially filling a gap with a non-electrically-conductive and non-water- permeable gravel to form a brace in a gap around a bottom portion of a structure and enveloping the brace in a cementitious slurry as taught by Sun to improve the structural strength of the cementitious material and provide additional lateral support for the metallic structure. Examiner takes the position that the flowable cementitious slurry as taught by Arakawa is composed of water mixed with sand and since sand is smaller than gravel at least a small amount of the flowable cementitious slurry would obviously flow through the voids within the gravel. Sun fails to teach the cementitious powder is combined with water in a ratio of between 4 US gallons of water and 5 US gallons of water per 55 lb of cementitious powder; and the cementitious surround encapsulates the polymeric jacket. Slagle teaches the cementitious powder is combined with water in a ratio of between 4 US gallons of water and 5 US gallons of water (claimed range is between 4:55 = 0.07 gal/lb and 0.09 gal/lb; Slagle teaches between 0.03 gal/lb and 0.08 gal/lb) (see CO. 5, lines 29 - 30 of Slagle teaches a water cement ratio of between 0.03 and 0.08) to improve the bonding strength between a pipe and the cement. It would have been considered obvious to one of ordinary skill in the art, prior to the effective filing date of the invention, to have modified the cementitious slurry with the ratio of gallons of water to pounds of cement as taught by Slagle to improve the bonding strength between the metallic structure and the cement. Slagle fails to teach such the cementitious surround encapsulates the polymeric jacket. Examiner takes the position that since Sirola ‘419 teaches a metallic body and a polymeric jacket applied directly thereto and Sun teaches at least partially filling a gap with a non-electrically-conductive and non-water-permeable gravel to form a brace in a gap around a bottom portion of a structure that has been lowered into a hole in the earth, the apparatus as disclosed above would obviously result in the cementitious surround encapsulating the metallic body and the jacket that is directly attached to the metallic body. Given the apparatus as disclosed above, the method of claim 20 would have been considered obvious to one of ordinary skill in the art.
Regarding claim 13, Arakawa discloses all of the claim limitation(s) except filling the gap with the gravel. Sun teaches filling the gap with the gravel (paragraphs 0022 and 0025). It would have been considered obvious to one of ordinary skill in the art, prior to the effective filing date of the invention, to have modified the method as disclosed above with the step of filling the gap with the gravel as taught by Sun to improve the structural strength of the cementitious material and provide additional lateral support for the metallic structure.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Arakawa in view of Sirola ‘419, Sun et al., and Slagle as applied to claim 12 above, and further in view of White et al. (US 6,142,712). Arakawa in view of Sirola ‘419, Sun, and Slagle discloses all of the claim limitation(s) except step a. further comprises compacting the gravel. White teaches compacting gravel (19) to support a post (Fig. 2; col. 3, lines 34 - 39). It would have been considered obvious to one of ordinary skill in the art, prior to the effective filing date of the invention, to have modified the method as disclosed above with the step of compacting the gravel as taught by White to improve the structural strength of the brace in which the metallic structure is supported.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Arakawa in view of Sirola ‘419, Sun et al., and Slagle as applied to claim 12 above, and further in view of Sirola ‘576
Regarding claim 18, Arakawa in view of Sirola ‘419, Sun, and Slagle discloses all of the claim limitation(s) except the cementitious surround comprises between 5 wt% and 70 wt% Portland cement, and between 30 wt% and 90 wt% calcined petroleum coke. Sirola ‘576 teaches the cementitious surround comprises between 5 wt% and 70 wt% Portland cement (50%; paragraph 0056), and between 30 wt% and 90 wt% calcined petroleum coke (45% - 55%) (paragraphs 0044 and 0056). It would have been considered obvious to one of ordinary skill in the art, prior to the effective filing date of the invention, to have modified the surround as disclosed above with the cementitious surround comprising between 5 wt% and 70 wt% Portland cement and between 30 wt% and 90 wt% calcined petroleum coke as taught by Sirola ‘576 to provide the surround with desired properties, such as a particular viscosity.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Arakawa in view of Sirola ‘419, Sun et al., and Slagle as applied to claim 12 above, and further in view of Li et al. (CN 112145180). Arakawa in view of Sirola ‘419, Sun, and Slagle discloses all of the claim limitation(s) except there is a delay of at least one day between steps a. and b. Li teaches allowing at least one day (120 - 240 hours) for gravel to dry and settle naturally (abstract). It would have been considered obvious to one of ordinary skill in the art, prior to the effective filing date of the invention, to have modified the method as disclosed above with the step of including a delay of at least one day as taught by Li between steps a. and b. to allow the gravel to settle naturally, thereby increasing the amount of structural support the brace provides for the metallic structure.
Response to Arguments
Applicant’s arguments with respect to claims 1, 7 - 13, 15, 18 - 20, 24, and 25 have been considered but are moot in view of new grounds of rejection.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 SEAN D ANDRISH whose telephone number is (571)270-3098. The examiner can normally be reached Mon-Fri: 6:30 AM - 4:00 PM.
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/SEAN D ANDRISH/Primary Examiner, Art Unit 3678
SA
5/14/2026
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