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 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(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over the Applicant’s cited prior art non-patent literature document “Enhancement of Shaft Capacity of CIP Piles Using a Hook System” by El Hosn {Hereinafter El Hosn} in view of Blomberg (SE 1550905 A1).
Regarding independent claims 1-3, 5, 6, 8-10, 12, 13 and 15-20, El Hosn discloses a kit comprising a plurality of flexible hooks with a proximal end attachable to an exterior of a cage, which cage is for insertion into a hole in the ground to form a pile, the plurality of hooks being moveable into an open position in which each hook of the plurality thereof extends outwardly from the cage [Pages 69-76].
El Hosn fails to disclose an actuator for moving the hooks into at least the open position in response to a motive force.
Blomberg teaches a method of installing a ground anchor comprising an expandable part wherein an actuator [11a, 11b] is utilized to move the expandable part into an open position [Figure 2] in response to a motive force comprising an air or pressurized liquid controlled piston [Summary].
At the time of the invention, it would have been obvious to one of ordinary skill in the art to modify the device of El Hosn by adding the actuation mechanism as described by Blomberg to provide a controlled means to both expand/contract the hooks to a desired degree within a borehole from a remote position.
Specifically regarding the inclusion of instructions, the Examiner notes it would have been obvious to one of ordinary skill in the art to provide a detailed instructions manual, user guide etc. to teach someone attempting to the re-create the invention to accurately do so. Further, it is noted that such manuals and guides have been well-known for a substantially long time.
Regarding claims 4 and 11, the combination further teaches the hook comprises a distal end connected to a piston shaft of the piston and wherein, when the shaft is extended, the distal end moves into an extended position, thereby causing the hook to move outwardly into the open position [obvious the hooks/actuator of the El Hosn-Blomberg combination would have to be configured this way to perform its intended function].
Regarding claims 7 and 14, Blomberg further teaches the distal end is capable of moving inwardly in response to withdrawal of air or a liquid [obvious the device of the El Hosn combination would perform this way as this is how actuators work].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. O’Brien (US 1982687) discloses a foundation system comprising actuation of “hooks” to increase bearing capacity in a similar manner to 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.
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KYLE ARMSTRONG, P.E.
Primary Examiner
Art Unit 3678
/KYLE ARMSTRONG/ Primary Examiner, Art Unit 3619