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 .
Election/Restrictions
Claim 2 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 1/30/2026.
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 1 and 3 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.
Claim 1 recites the limitation "the upper structure" in line 4. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the burial hole" in line 6. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the pre-formed burial hole" in line 7. There is insufficient antecedent basis for this limitation in the claim.
Claim 3 recites the limitation “the burial hole” and “the pre-formed burial hole”. These limitations are indefinite because it is unclear as to whether these are the same feature or not. Based on the identical reference numbers, the Examiner assumes they are the same feature. However, it is noted that consistent nomenclature across multiple references to the same feature is required to obviate the indefinite-ness.
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 is/are rejected under 35 U.S.C. 102(a1) as being anticipated by Tomchesson et al. (US 2016/0186403).
Regarding claim 1, Tomchesson discloses a foundation pile comprising: a central axis member [145] that extends vertically in the up-down direction; a base plate [top of 225 best seen in Figure 1] formed on the upper end of the central axis member to fix the upper structure [driving and connecting components best seen in Figure 2] at the upper end; and a circumferential member [sleeve element best seen in Figures 1 & 2] provided on the upper side circumference of the central axis member to reinforce the upper side circumference of the central axis member, wherein the upper surface of the circumferential member is formed so as to come into contact with the lower surface of the base plate without any gap [Figure 2].
Allowable Subject Matter
Claims 3 and 4 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: Tomchesson et al. (US 2016/0186403) discloses an upper and lower plate with the lower plate having a greater diameter however it is not installed beneath the ground. Holdeman (US 5066168) discloses two plates of identical diameter that are contiguous and not installed beneath the ground. Fuller (US 11851839) and Perko (US 6722821) do not disclose the intermediate plate. Rupiper (US 7004683) discloses two plates of the same diameter with holes for installing connecting bolts between the two that are not installed beneath the ground. As such, the prior art of record fails to disclose, teach or suggest – either alone or in combination – a foundation pile having an intermediate plate that is installed beneath the ground surface and has a larger diameter than an upper plate; as explicitly recited in the instant claims.
Conclusion
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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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.
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KYLE ARMSTRONG, P.E.
Primary Examiner
Art Unit 3678
/KYLE ARMSTRONG/ Primary Examiner, Art Unit 3619