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 .
Claim Objections
Claims 2-4, 6-8 and 10-13 are objected to because of the following informalities: The aforementioned claims recite the limitation “A clamp/method” which is improper for a dependent claim. Please revise to “The clamp/method” respectively. Appropriate correction is required.
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 8 and 10-13 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.
Claims 8 and 10-13 recite the limitation “A clamp structure as recited in claim 5/9”. This limitation renders the claims indefinite because claim 5 is a method claim introduced with “A method” and claim 9 is an apparatus claim reciting “A drive system”. As such, it is unclear as to whether these claims are intended to be dependent upon the other independent apparatus claim which is “A clamp structure”. However, if this were so, these claims would be further indefinite as it is unclear as to why they are identical to other dependent claims off independent claim 1. For prosecution on the merits, the Examiner interprets the introduction of these indefinite claims to respectively be “The method” and “The drive system”.
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.
Claim(s) 1-3, 5-7, 9-11 and 13 is/are rejected under 35 U.S.C. 102(a1) as being anticipated by White (US 5653556).
Regarding claims 1, 9 and 13, White discloses a drive system for driving a caisson, the drive system comprising: a primary beam structure [Figure 3] comprising first [46], second [50] , and third primary beams [54]; a secondary beam [44, 48, 52]; a plurality of clamp assemblies [22] for operatively connecting a vibratory device to a caisson [Figure 1]; and a vibratory device [28] and a suppressor [28]; wherein the secondary beam is operatively connected to the first and second beams [Figure 3]; each of the plurality clamp assemblies is supported by one of the first, second, and third primary beams [Figure 3]; and the secondary beam is operatively connected to the vibratory device [Figure 1].
Regarding claims 2 and 10, White further discloses the secondary beam is further operatively connected to the third primary beam [Figures 1 & 3].
Regarding claims 3 and 11, White further discloses the plurality of clamp assemblies comprises first, second, third, and fourth clamp assemblies [Figures 1 & 5]; the first clamp is supported by the first primary beam, the second clamp is supported by the second primary beam, and the third and fourth clamp assemblies are supported by the third primary beam [Figures 1 & 5].
Regarding method claims 5-7, the claimed method would be inherently performed by the device disclosed in White. Under the principles of inherency, if a prior art device, in its normal and usual operation, would necessarily perform the method claimed, then the method claimed will be considered to be anticipated by the prior art device. When the prior art device is the same as a device described in the specification for carrying out the claimed method, it can be assumed the device will inherently perform the claimed process.
Allowable Subject Matter
Claims 4, 8 and 12 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: Although the White reference discloses the beams having longitudinal axis, White fails to disclose the fourth longitudinal axis is substantially parallel to the first and second axes and substantially perpendicular to the third longitudinal axis.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Van Es (US 2015/0211201), DeNeef (US 2017/0145650) and Es (NL 2005087) disclose clamp structures and vibratory drive systems for installing piles in the ground having a plurality of clamps and additionally beam structures connecting the clamps to the vibratory device similar to that of the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KYLE A ARMSTRONG whose telephone number is (571)270-1184. The examiner can normally be reached M-F ~10-6.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anita Coupe can be reached at (571) 270-3614. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
KYLE ARMSTRONG, P.E.
Primary Examiner
Art Unit 3678
/KYLE ARMSTRONG/ Primary Examiner, Art Unit 3619
Prosecution Insights