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 § 102
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 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, 5, 7, and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Vickars et al. (US 2002/0150430).
Regarding claim 1, Vickars discloses a soil displacement pile comprising: a lead shaft (shaft 32 and extension sections 36) having a lead end (pointed tip at lower end of shaft 32) and a lead head (portion of shaft 32 located between the lowermost screw 34 and the unlabeled pointed tip); a lead soil displacement assembly connected to the lead shaft, the lead soil displacement assembly including a helical plate (screw 34) and a cannister (casing 78 on disk 60B), the helical plate and cannister fixed to the lead shaft (paragraph 0076 describes the casing 78 held in contact with flange 80 on disk 60B; paragraph 0049 describes a disk 60 held rigidly in place on shaft 32), wherein the helical plate extends at least partially around the lead shaft, and wherein the cannister includes an outer wall extending around the lead shaft defining an interior and an opening (open top through which grout can be fed into region 74) in the outer wall (top) configured to permit the ingress of soil, and wherein the soil displacement assembly is positioned on the shaft with the lead shaft (32, 36) extending above and below the cannister (Figs. 7, 8A, and 8B; paragraphs 0047, 0049, 0076, and 0077). Examiner takes the position that since the open top end of the casing of Vickars is configured to receive a particulate material (grout), the open top end of the casing of Vickars is configured to receive another particulate matter such as soil.
Regarding claim 5, Vickars further discloses the canister (78) is cylindrical (Fig. 7; paragraph 0076).
Regarding claim 7, Vickars further discloses an extension shaft (tubular casing 66) connected to the lead shaft (32, 36) (Fig. 7).
Regarding claim 19, Vickars discloses a method of forming a composite pile column comprising: positioning a lead shaft (32, 36) for ground insertion, the lead shaft having a lead end (pointed tip at lower end of shaft 32), a lead head (portion of shaft 32 located between the lowermost screw 34 and the unlabeled pointed tip, and a lead soil displacement assembly, wherein the lead shaft extends through the lead soil displacement assembly and wherein the lead soil displacement assembly includes a helical plate (34) and a cannister (78, 60B) having an open top, the open top extending entirely around an exterior of the lead shaft; rotating the lead shaft and lead soil displacement assembly to rotate the helical plate and cannister and cause displacement of soil; forming a cavity in the ground by displacement of soil by the lead shaft and lead soil displacement assembly; and inserting filler (grout 70) into the cavity, wherein at least a portion of the filler is introduced into the cannister through the open top to enclose the space between the open top and the shaft (Figs. 7, 8A, and 8B; paragraphs 0040, 0041, 0047, 0049, 0076, and 0077).
Allowable Subject Matter
Claims 10 - 18 are allowed.
Claims 2- 4, 6, 8, 9, and 20 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.
Response to Arguments
Applicant's arguments filed 16 July 2026 have been fully considered but they are not persuasive.
Applicant argues that Vickars et al. (US 2002/0150430) fails to teach or suggest a cannister having an outer wall defining an interior and an opening in the outer wall configured to permit the ingress of soil because Vickars teaches the open top end of the casing is configured to receive grout, not soil. Examiner replies that since the open top end of the casing of Vickars is configured to receive a particulate material (grout), the open top end of the casing of Vickars is configured to receive another particulate matter such as soil.
Applicant argues that since Vickars teaches the casing is “dropped into the ground behind disk 60B” and the casing is in contact with flange 80 on the disk 60B merely to keep the casing centered around the shaft 32, the casing is not “fixed to the lead shaft” as recited in claim 1. Examiner replies that Vickars teaches the casing is held in contact with the flange (and thus, the casing is fixedly attached to the disk) on the disk as the disk is pulled into the ground (paragraph 0076) and since the disk is rigidly held in place on the lead shaft (shaft 32) (paragraph 0049) the casing as taught by Vickars is fixed to the lead shaft.
Applicant argues that since the casing 78 of Vickars is dropped in after the displacement of soil, Vickars fails to teach or suggest “rotating the lead shaft and lead displacement assembly to rotate the helical plate and cannister and cause displacement of soil. Examiner replies that Vickars teaches the casing is held in contact with the flange (and thus, the casing is fixedly attached to the disk) on the disk as the disk is pulled into the ground (paragraph 0076) and since the disk is rigidly held in place on the lead shaft (shaft 32) (paragraph 0049) Vickars teaches rotating the helical plate and cannister to cause displacement of soil as the disk is pulled into the ground.
Applicant’s arguments, see amendment, filed 16 July 2026, with respect to claims 2 and 3 have been fully considered and are persuasive. The rejection of claims 2 - 3 and 10 - 18 has been withdrawn.
Conclusion
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 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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amber Anderson can be reached at 571-270-5281. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SEAN D ANDRISH/Primary Examiner, Art Unit 3678
SA
8/12/2026
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