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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on January 22, 2026 has been entered.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-8 and 10-19 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Objections
Claim 19 is objected to because of the following informalities: “an installed state” should be changed to “the installed state” in the second to last line. Appropriate correction is required.
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, 3, 5-8, 10 and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sparks (US 249,803).
Regarding claim 1, Sparks discloses a pile assembly to be vibratorily driven into soil for a foundation (e.g. A-D, Fig.’s 1 and 2), the pile assembly comprising: a pile shaft (e.g. A, Fig. 2), a pile sleeve having an internal diameter and adapted to be arranged coaxially with the pile shaft (e.g. C, Fig.’s 2 and 3), wherein the pile shaft extends through the pile sleeve, such that the pile sleeve and pile shaft are axially movable with respect to each other (e.g. Fig.’s 2 and 3, page 2, lines 23-27), the pile sleeve being adapted to be coupled with the pile shaft in an installed state of the pile assembly, in which the pile assembly has been driven into the soil to a predetermined depth (e.g. Fig. 1, wherein the pile sleeve is capable of being coupled with the pile shaft by soil pressure and/or welding, and wherein Examiner notes that it has been held that the recitation that an element is “adapted to” perform a function is not a positive limitation but only requires the ability to so perform), wherein the sleeve has at least a pair of radial sleeve fins (e.g. four triangular fins shown but not labeled extending from the cylindrical portion of sleeve C, Fig.’s 2 and 3), the sleeve fins being predominantly extending along a length of the sleeve (e.g. Fig. 2), a mounting member provided on a top end of the pile shaft and/or the pile sleeve (e.g. D, Fig. 2), and a pile tip mountable to a bottom end of the pile shaft (e.g. B, Fig. 2), the pile tip having at least one pair of radial tip fins (e.g. b, Fig. 4), the tip fins being arranged along a length of the pile tip (e.g. Fig.’s 1 and 2), wherein the radial tip fins are uniformly distributed along the circumference of the tip (e.g. Fig. 4), and wherein the radial tip fins define an outer circumferential dimension, which is larger than the internal diameter of the pile sleeve (e.g. Fig. 2), wherein at least the pile shaft, the pile tip and the pile sleeve are independently exchangeable (e.g. Fig. 2, page 2, lines 11-27).
Regarding claim 3, Sparks further discloses that the sleeve fins have a slanting leading edge extending under an angle α with respect to the longitudinal axis of the sleeve (e.g. Fig. 2).
Regarding claim 5, Sparks further discloses that the sleeve fins are uniformly distributed along the circumference of the sleeve (e.g. Fig. 3).
Regarding claim 6, Sparks further discloses that the sleeve fins extend in diametrically opposite radial directions (e.g. Fig. 3).
Regarding claim 7, Sparks further discloses that the pile sleeve has multiple pairs of the radial sleeve fins, wherein the fins of each of the pairs extend in diametrically opposite radial directions (e.g. Fig. 3).
Regarding claim 8, Sparks further discloses that the tip fins have a slanting leading edge (e.g. Fig. 2).
Regarding claim 10, Sparks further discloses that the tip fins extend in diametrically opposite radial directions (e.g. Fig. 4).
Regarding claim 11, Sparks further discloses that the pile tip has multiple pairs of the radial tip fins wherein the fins of each of the pairs extend in diametrically opposite radial directions (e.g. Fig. 4).
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.
Claims 1-8, 10, 11 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Dunn (GB 2,426,777) in view of Sparks (US 249,803).
Regarding claim 1, Dunn discloses a pile assembly to be vibratorily driven into soil for a foundation (e.g. Fig. 6), the pile assembly comprising: a pile shaft (e.g. 30, Fig. 6), a pile sleeve having an internal diameter and adapted to be arranged coaxially with the pile shaft (e.g. 115, Fig. 6), wherein the pile shaft extends through the pile sleeve, such that the pile sleeve and pile shaft are axially movable with respect to each other (e.g. Fig. 6, page 7, lines 4-12), the pile sleeve being adapted to be coupled with the pile shaft in an installed state of the pile assembly, in which the pile assembly has been driven into the soil to a predetermined depth (e.g. Fig. 6, wherein the pile sleeve is capable of being coupled with the pile shaft by soil pressure, grout 40, and/or welding, and wherein Examiner notes that it has been held that the recitation that an element is “adapted to” perform a function is not a positive limitation but only requires the ability to so perform), wherein the sleeve has at least a pair of radial sleeve fins (e.g. 112, Fig. 6), the sleeve fins being predominantly extending along a length of the sleeve (e.g. Fig. 6), and a mounting member provided on a top end of the pile shaft and/or the pile sleeve (e.g. 119/120, Fig. 6), wherein at least the pile shaft and the pile sleeve are independently exchangeable (e.g. page 7, lines 2-12). Dunn does not explicitly disclose a pile tip mountable to a bottom end of the pile shaft. Sparks teaches a pile assembly to be vibratorily driven into soil for a foundation (e.g. A-D, Fig.’s 1 and 2), the pile assembly comprising: a pile shaft (e.g. A, Fig. 2), a pile sleeve having an internal diameter and adapted to be arranged coaxially with the pile shaft (e.g. C, Fig.’s 2 and 3), wherein the pile shaft extends through the pile sleeve, such that the pile sleeve and pile shaft are axially movable with respect to each other (e.g. Fig.’s 2 and 3, page 2, lines 23-27), the pile sleeve being adapted to be coupled with the pile shaft in an installed state of the pile assembly, in which the pile assembly has been driven into the soil to a predetermined depth (e.g. Fig. 1, wherein the pile sleeve is capable of being coupled with the pile shaft by soil pressure and/or welding, and wherein Examiner notes that it has been held that the recitation that an element is “adapted to” perform a function is not a positive limitation but only requires the ability to so perform), wherein the sleeve has at least a pair of radial sleeve fins (e.g. four triangular fins shown but not labeled extending from the cylindrical portion of sleeve C, Fig.’s 2 and 3), the sleeve fins being predominantly extending along a length of the sleeve (e.g. Fig. 2), a mounting member provided on a top end of the pile shaft and/or the pile sleeve (e.g. D, Fig. 2), and a pile tip mountable to a bottom end of the pile shaft (e.g. B, Fig. 2), the pile tip having at least one pair of radial tip fins (e.g. b, Fig. 4), the tip fins being arranged along a length of the pile tip (e.g. Fig.’s 1 and 2), wherein the radial tip fins are uniformly distributed along the circumference of the tip (e.g. Fig. 4), and wherein the radial tip fins define an outer circumferential dimension, which is larger than the internal diameter of the pile sleeve (e.g. Fig. 2), wherein at least the pile shaft, the pile tip and the pile sleeve are independently exchangeable (e.g. Fig. 2, page 2, lines 11-27). It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to add a pile tip as taught by Sparks to the shaft of Dunn because such is a known element in the art that would provide the expected benefit of allowing the pile to be readily driven into the ground with as large a bearing surface as possible with the least weight of material (e.g. Sparks, page 2, lines 5-10).
Regarding claim 2, the combination of Dunn and Sparks further discloses that the sleeve fins have a trailing edge branching off into two edges, both edges extending in opposite, at least partially, circumferential directions so as to define a Y-shaped cross-section (e.g. Dunn, Fig. 6).
Regarding claim 3, the combination of Dunn and Sparks further discloses that the sleeve fins have a slanting leading edge extending under an angle α with respect to the longitudinal axis of the sleeve (e.g. Dunn, Fig. 6).
Regarding claim 4, the combination of Dunn and Sparks further discloses that the sleeve fins have a slanting trailing edge extending under an angle β with respect to the longitudinal axis of the sleeve (e.g. Dunn, Fig. 6).
Regarding claim 5, the combination of Dunn and Sparks further discloses that the sleeve fins are uniformly distributed along the circumference of the sleeve (e.g. Dunn, Fig. 6, similar to Fig. 3).
Regarding claim 6, the combination of Dunn and Sparks further discloses that the sleeve fins extend in diametrically opposite radial directions (e.g. Dunn, page 3, lines 28-30, wherein there are two fins).
Regarding claim 7, the combination of Dunn and Sparks further discloses that the pile sleeve has multiple pairs of the radial sleeve fins, wherein the fins of each of the pairs extend in diametrically opposite radial directions (e.g. Dunn, page 3, lines 28-30, wherein there are four fins).
Regarding claim 8, the combination of Dunn and Sparks further discloses that the tip fins have a slanting leading edge (e.g. Sparks, Fig. 2).
Regarding claim 10, the combination of Dunn and Sparks further discloses that the tip fins extend in diametrically opposite radial directions (e.g. Sparks, Fig. 4).
Regarding claim 11, the combination of Dunn and Sparks further discloses that the pile tip has multiple pairs of the radial tip fins wherein the fins of each of the pairs extend in diametrically opposite radial directions (e.g. Sparks, Fig. 4).
Regarding claim 19, the combination of Dunn and Sparks further discloses that the pile shaft and pile sleeve are axially movable with respect to each other in a pre-installation state wherein the pile shaft is arranged coaxially in the pile sleeve and positioned such that the pile tip engages the ground surface (e.g. similar to page 6, lines 10-15, wherein the pile shaft is capable of being positioned on the ground while the pile sleeve is positioned around the pile shaft), the pile shaft and pile sleeve are axially movable with respect to each other in a first driving state wherein the pile shaft is being driven into the soil by means of a vibratory device and the pile shaft is arranged coaxially in the pile sleeve (e.g. similar to page 6, lines 10-15, wherein the pile shaft is capable of being driven into the ground while the pile sleeve is positioned around the pile shaft), the pile shaft and the pile sleeve are coupled in a second driving state, wherein the pile shaft and the pile sleeve are driven together into the soil by means of a vibratory device (e.g. page 7, lines 4-6, Fig. 5, wherein the pile sleeve is capable of being driven with the pile shaft using tool 34), and the pile shaft is fixed to the pile sleeve, such that they form a unit, in an installed state wherein the pile assembly has been driven into the soil to a predetermined depth (e.g. similar to page 6, lines 27-28). Examiner notes that as only a pile assembly is claimed, limitations such as these are considered intended use limitations and are given little patentable weight, therefore as long as the disclosed device is capable of performing the intended use it is considered to anticipate the claimed limitation.
Claims 1, 3-8 and 10-19 are rejected under 35 U.S.C. 103 as being unpatentable over Bader (EP 0,590,367) in view of Sparks (US 249,803).
Regarding claim 1, Bader discloses a pile assembly to be vibratorily driven into soil for a foundation (e.g. 65, Fig. 9), the pile assembly comprising: a pile shaft (e.g. 26, Fig.’s 8 and 9), a pile sleeve having an internal diameter and adapted to be arranged coaxially with the pile shaft (e.g. 49, Fig.’s 8 and 9), wherein the pile shaft extends through the pile sleeve, such that the pile sleeve and pile shaft are axially movable with respect to each other (e.g. Fig.’s 8 and 9), the pile sleeve being adapted to be coupled with the pile shaft in an installed state of the pile assembly, in which the pile assembly has been driven into the soil to a predetermined depth (e.g. via 56, Fig. 9, paragraph 0048), wherein the sleeve has at least a pair of radial sleeve fins, the sleeve fins being predominantly extending along a length of the sleeve (e.g. 59, Fig.’s 8 and 9), a mounting member provided on a top end of the pile shaft and/or the pile sleeve (e.g. 56, Fig.’s 8 and 9), and a pile tip at a bottom end of the pile shaft (e.g. 25, shown but not labeled in Fig.’s 8 and 9, labeled in Fig. 4, paragraph 0034), the pile tip having at least one pair of radial tip fins, the tip fins being arranged along a length of the pile tip (e.g. Fig.’s 8 and 9, paragraph 0034), wherein at least the pile shaft and the pile sleeve are independently exchangeable (e.g. Fig. 8, wherein the modular construction allows the elements to be exchanged). Bader does not disclose that the pile tip is a separate element that is mountable to the pile shaft. Sparks teaches a pile assembly to be vibratorily driven into soil for a foundation (e.g. A-D, Fig.’s 1 and 2), the pile assembly comprising: a pile shaft (e.g. A, Fig. 2), a pile sleeve having an internal diameter and adapted to be arranged coaxially with the pile shaft (e.g. C, Fig.’s 2 and 3), wherein the pile shaft extends through the pile sleeve, such that the pile sleeve and pile shaft are axially movable with respect to each other (e.g. Fig.’s 2 and 3, page 2, lines 23-27), the pile sleeve being adapted to be coupled with the pile shaft in an installed state of the pile assembly, in which the pile assembly has been driven into the soil to a predetermined depth (e.g. Fig. 1, wherein the pile sleeve is capable of being coupled with the pile shaft by soil pressure and/or welding, and wherein Examiner notes that it has been held that the recitation that an element is “adapted to” perform a function is not a positive limitation but only requires the ability to so perform), wherein the sleeve has at least a pair of radial sleeve fins (e.g. four triangular fins shown but not labeled extending from the cylindrical portion of sleeve C, Fig.’s 2 and 3), the sleeve fins being predominantly extending along a length of the sleeve (e.g. Fig. 2), a mounting member provided on a top end of the pile shaft and/or the pile sleeve (e.g. D, Fig. 2), and a pile tip mountable to a bottom end of the pile shaft (e.g. B, Fig. 2), the pile tip having at least one pair of radial tip fins (e.g. b, Fig. 4), the tip fins being arranged along a length of the pile tip (e.g. Fig.’s 1 and 2), wherein the radial tip fins are uniformly distributed along the circumference of the tip (e.g. Fig. 4), and wherein the radial tip fins define an outer circumferential dimension, which is larger than the internal diameter of the pile sleeve (e.g. Fig. 2), wherein at least the pile shaft, the pile tip and the pile sleeve are independently exchangeable (e.g. Fig. 2, page 2, lines 11-27). It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to use the mountable pile tip as taught by Sparks for the pile tip of Bader because such is a known element in the art that would provide the expected benefit of allowing the pile to be readily driven into the ground with as large a bearing surface as possible with the least weight of material (e.g. Sparks, page 2, lines 5-10). Examiner notes that the pile tip would be mounted to the pile shaft after the pile sleeve is positioned on the pile shaft to avoid interference between the pile tip and the pile sleeve.
Regarding claim 3, the combination of Bader and Sparks further discloses that the sleeve fins have a slanting leading edge extending under an angle α with respect to the longitudinal axis of the sleeve (e.g. Bader, Fig. 9).
Regarding claim 4, the combination of Bader and Sparks further discloses that the sleeve fins have a slanting trailing edge extending under an angle β with respect to the longitudinal axis of the sleeve (e.g. Bader, Fig. 9).
Regarding claim 5, the combination of Bader and Sparks further discloses that the sleeve fins are uniformly distributed along the circumference of the sleeve (e.g. Bader, Fig.’s 8 and 10).
Regarding claim 6, the combination of Bader and Sparks further discloses that the sleeve fins extend in diametrically opposite radial directions (e.g. Bader, Fig.’s 8 and 10).
Regarding claim 7, the combination of Bader and Sparks further discloses that the pile sleeve has multiple pairs of the radial sleeve fins, wherein the fins of each of the pairs extend in diametrically opposite radial directions (e.g. Bader, Fig.’s 8 and 10).
Regarding claim 8, the combination of Bader and Sparks further discloses that the tip fins have a slanting leading edge (e.g. Sparks, Fig. 2).
Regarding claim 10, the combination of Bader and Sparks further discloses that the tip fins extend in diametrically opposite radial directions (e.g. Sparks, Fig. 4).
Regarding claim 11, the combination of Bader and Sparks further discloses that the pile tip has multiple pairs of the radial tip fins wherein the fins of each of the pairs extend in diametrically opposite radial directions (e.g. Sparks, Fig. 4).
Regarding claim 12, the combination of Bader and Sparks further discloses that the assembly comprises at least one guiding element for centring the pile shaft within the sleeve (e.g. Bader, 5 and/or 9, Fig. 8).
Regarding claim 13, the combination of Bader and Sparks further discloses that the guiding element comprises a ring mounted to an inner side of the sleeve (e.g. Bader, 9, Fig. 8).
Regarding claim 14, the combination of Bader and Sparks further discloses that the guiding element is provided with a friction preventive measure (e.g. Bader, 5, Fig. 8, paragraph 0026, wherein the shape of the guiding element prevents friction by corresponding to the shape of the pile shaft).
Regarding claim 15, the combination of Bader and Sparks further discloses that the guiding element comprises two axially spaced rings (e.g. Bader, 5 and 9, Fig. 8, paragraph 0027).
Regarding claim 16, the combination of Bader and Sparks further discloses that the pile shaft is provided with a dedicated connection element adapted to be engaged by a vibratory device used for driving the pile assembly (e.g. Bader, top portion of 26 that extends radially outwardly, Fig. 8). Examiner notes that it has been held that the recitation that an element is “adapted to” perform a function is not a positive limitation but only requires the ability to so perform. It does not constitute a limitation in any patentable sense.
Regarding claim 17, the combination of Bader and Sparks further discloses that the pile sleeve is provided with a dedicated connection element adapted to be engaged by a vibratory device used for driving the pile assembly (e.g. Bader, 5, Fig. 8). Examiner notes that it has been held that the recitation that an element is “adapted to” perform a function is not a positive limitation but only requires the ability to so perform. It does not constitute a limitation in any patentable sense.
Regarding claim 18, the combination of Bader and Sparks further discloses that the pile sleeve is provided with a dedicated connection element adapted to be engaged by a vibratory device used for driving the pile assembly (e.g. Bader, 5, Fig. 8), and wherein in a driving state, wherein the pile shaft and the pile sleeve are both driven into soil by means of a vibratory device, the connection element of the pile shaft and the connection element of the sleeve form a mutual connection element engageable by the vibratory device (e.g. Bader, Fig. 9, wherein the pile shaft connection element being connected to the pile sleeve connection element via 56 results in a mutual connection element that allows engagement by a vibratory device). Examiner notes that it has been held that the recitation that an element is “adapted to” perform a function is not a positive limitation but only requires the ability to so perform. It does not constitute a limitation in any patentable sense.
Regarding claim 19, the combination of Bader and Sparks further discloses that the pile shaft and pile sleeve are axially movable with respect to each other in a pre-installation state wherein the pile shaft is arranged coaxially in the pile sleeve and positioned such that the pile tip engages the ground surface (e.g. Bader, Fig. 8), the pile shaft and pile sleeve are axially movable with respect to each other in in a first driving state wherein the pile shaft is being driven into the soil by means of a vibratory device and the pile shaft is arranged coaxially in the pile sleeve (e.g. Bader, similar to Fig. 7), the pile shaft and the pile sleeve are coupled in a second driving state, wherein the pile shaft and the pile sleeve are driven together into the soil by means of a vibratory device (e.g. Bader, Fig. 9), and the pile shaft is fixed to the pile sleeve, such that they form a unit, in an installed state wherein the pile assembly has been driven into the soil to a predetermined depth (e.g. Bader, Fig. 9). Examiner notes that as only a pile assembly is claimed, limitations such as this are considered intended use limitations and are given little patentable weight, therefore as long as the disclosed device is capable of performing the intended use it is considered to anticipate the claimed limitation. The modular design allowing the pile shaft and the pile sleeve to be selectively movable or fixed allows the pile assembly to perform these intended use limitations.
Conclusion
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/S.N.L./Examiner, Art Unit 3678
/AMBER R ANDERSON/Supervisory Patent Examiner, Art Unit 3678