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
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 09 March 2026 has been entered.
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).
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).
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 2, 3, 10 - 12, 14, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Vickars et al.
Regarding claim 2, Vickars discloses a plurality of extension sections 36 coupled together (paragraph 0040) and each section 36 includes a canister (sections of casing 78, disks 60B) (Fig. 7; paragraph 0076). Vickars fails to explicitly disclose a divider positioned in the cannister to separate the interior between an upper section and a lower section. Examiner takes the position that since Vickars teaches a plurality of extension sections and each extension section comprises a casing and a disk 60B, the lowermost extension section would obviously have a divider (disk 60B) located at the upper end of the casing 78 associated with the lowermost extension section that separates the canister into an upper section (section comprising the casing 78 located immediately above the lowermost extension section) and a lower section (lowermost extension section 78).
Regarding claims 3 and 11, Vickars further discloses the cannister includes an open top (open top of the uppermost extension section 78) in communication with the upper section (Fig. 7; paragraphs 0040, 0076, and 0077).
Regarding claim 10, Vickars discloses a soil displacement pile comprising: a lead shaft (32, 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 (34) and a cannister (78, 60B),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 open top (open top through which grout can be fed into region 74), the open top extending entirely around an exterior of the lead shaft (Figs. 7, 8A, and 8B; paragraphs 0047, 0049, 0076, and 0077). Vickars fails to explicitly disclose a divider positioned in the cannister to separate the interior between an upper section and a lower section. Examiner takes the position that since Vickars teaches a plurality of extension sections and each extension section comprises a casing and a disk 60B, the lowermost extension section would obviously have a divider (disk 60B) located at the upper end of the casing 78 associated with the lowermost extension section that separates the canister into an upper section (section comprising the casing 78 located immediately above the lowermost extension section) and a lower section (lowermost extension section 78).
Regarding claim 12, Vickars further discloses the canister (78) includes an opening (opening at the top end of uppermost casing 78) in the outer wall (upper end of uppermost casing 78) to permit the ingress of soil into the lower section (Fig. 7 illustrates grout located in each section 78 and paragraph 0077 teaches flowing grout into the region 74 under the action of gravity).
Regarding claim 14, Vickars further discloses the helical plate (34) has a first outer diameter and the canister (78) has a second outer diameter less than the first outer diameter (Fig. 7).
Regarding claim 15, Vickars further discloses the lead shaft (32, 36) extends through the cannister (78, 60B) and the cannister extends above the helical plate (34) toward the lead head (portion of shaft 32 located between the lowermost screw 34 and the unlabeled pointed tip) (Fig. 7).
Allowable Subject Matter
Claims 4, 6, 8, 9, 13, 16 - 18, 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 with respect to claims 1 - 3, 5, 7, 10 - 12, 14, 15, and 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.
Conclusion
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
4/28/2026
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