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 .
The present application is a 371 of PCT/GB2022/051859 filed on July 19, 2022.
A preliminary amendment was filed by the applicant on February 24, 2024.
Claims 6-8, 10-11, 13-15 and 20-21 have been cancelled.
Drawings
The drawings were received on February 13, 2024. These drawings are acceptable.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on February 13, 2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
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 1-5, 9, 12, 16-19 and 22-29 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.
On lines 3-4 of claim 1, the phrase “optionally comprising one or more joints” renders the claim indefinite because the feature of one or more joints is not positively recited.
Claims 2-5, 9, 12, 16-19 and 22-29 depend from independent claim 1, and are thus also rendered indefinite.
The term “high friction” in claim 9 is a relative term which renders the claim indefinite. The term “high” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
On line 4 of claim 22, the phrase “according to any of claims 1 to 11” renders the claim indefinite because the claim depends from claims 6-8 and 10-11, which have been cancelled.
On line 1 of claim 26, the phrase “according to claim 15” renders the claim indefinite because the claim depends from claim 15, which has been cancelled.
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 1-3, 5, 16-19 and 22-27 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Liberty Offshore Limited (GB 2,355,039 A).
Liberty Offshore Limited discloses the same anchoring system as claimed, as shown in Figures 1-6B, which is comprised of an anchor pile, defined as Part #10, that is configured to be embedded in a borehole, as shown in Figures 1-2, said anchor pile being further comprised of an elongate main body having a plurality of jointed portions or sections, as shown in Figure 1, an upper end, defined as Part #18, as shown in Figure 3, and a lower end with a drill bit, defined as Part #14, where said upper end is configured in use to be fully submerged within said borehole, as shown in Figures 3-4. One or more portions or sections of said elongate main body has a cross-section that is greater than a cross-section of said elongate main body, as shown by Part #16 in Figure 1, where said cross-section of said one or more portions or sections of said elongate main body increases along a portion of a longitudinal axis in a direction from said upper end to said lower end, and defines at least one bearing surface such that an annular gap, as shown in Figures 1-2, for receiving a locking media in the form of cement, defined as Part #28, is defined between said at least one bearing surface and adjacent portions of said borehole. Said anchor pile is thus locked into position within said borehole when said cement is pumped into said annular gap through a hollow interior of said elongate main body, as shown in Figure 6A, and out of a plurality of holes, which are not shown. Said cement locks said anchor pile into position within said borehole as a result of sufficient frictional resistance of said cement with said at least one bearing surface and load bearing soil layers of said borehole, as shown in Figures 2-4. Said at least one bearing surface includes at least one tapered section, as shown in Figures 6A-B. Said elongate main body further includes at least one protruding section, defined as Part #18, that projects outwardly from said elongate main body, and at least one angled face that slopes down and outwardly from said elongate main body, as shown in Figure 1. Said elongate main body is further comprised of a first conical portion with a cross-section that increases in a direction from said upper end to said lower end, a second conical portion with a cross-section that decreases in the direction from said upper end to said lower end, and a tubular portion that extends between said first conical portion and said second conical portion, as shown in Figure 6A. A mooring line termination point, defined as Part #18, for a mooring line or cable, defined as Part #22, is integrally connected to said upper end of said elongate main body, as shown in Figures 1-4. A guide funnel or collar, defined as Part #136, which provides a guide channel, defined as Part #138, is aligned with said borehole to enable said anchor pile to pass therethrough into said borehole, as shown in Figures 6A-B. Said guide funnel or collar is also configured to be removable from said anchor pile once positioned within said borehole, as shown in Figures 6A-B. Said guide funnel or collar has a first end that is configured to contact said borehole, a second opposed end, and a slot that is in communication with said guide channel, as shown in Figures 6A-B.
Liberty Offshore Limited also discloses the same method of installing an anchor pile as claimed, as shown in Figures 1-6B, said method being comprised of the steps of providing an anchoring system with an anchor pile, defined as Part #10, as shown in Figure 1, at least partially filing an annular gap that is defined between a bearing surface of an elongate main body of said anchor pile and an adjacent borehole with a locking media in the form of cement, defined as Part #28, to lock said anchor pile in place, as shown in Figures 2-4, running said anchor pile through said borehole until said anchor pile is entirely received within said borehole prior to insertion of said locking media, as shown in Figure 1, introducing a lower end of said elongate main body through a guide channel, defined as Part #138, of a guide funnel or collar, defined as Part #136, into said borehole, as shown in Figures 6A-B, and removing said guide funnel or collar from said anchor pile, as shown in Figures 2-4.
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 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 4 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Liberty Offshore Limited in view of Head (US 6,223,671).
Liberty Offshore Limited, as set forth above, discloses all of the features claimed except for the use of at least one conduit that defines a channel between an upper end and a lower end of said elongate main body of said anchor pile, and a section of said elongate main body with fixing means that is configured to be driven outwardly from said elongate main body for penetrating a wall of said borehole.
Head discloses a mooring apparatus for securing a mooring line, as shown in Figures 5-34, which is comprised of an anchor pile with an elongate tubular main body, defined as Part #57, with a drill bit, defined as Part #52, at a lower end of said elongate tubular main body, and an upper end that is connected to a coiled tubing, defined as Part #42, and also connected to a mooring guide line, defined as Part #36. Said anchor pile is further comprised of at least one conduit, defined as Part #132, that is arranged parallel to a longitudinal axis of said anchor pile such that said conduit extends along a portion of said longitudinal axis of said elongate main body where a cross-section increases, as shown in Figure 26, where said at least one conduit defines a channel between said upper and lower ends of said elongate main body. Said at least one conduit also forms a fixing means that is configured to be driven outwardly from said elongate main body for penetrating a borehole wall, as shown in Figures 27-28, to establish a fixed connection.
Therefore, it would have been obvious before the effective filing date of the claimed invention to one of ordinary skill in the art, to utilize an anchor pile with at least one conduit that defines a channel and forms a fixing means for penetrating a borehole wall, as taught by Head, in combination with the anchoring system as disclosed by Liberty Offshore Limited for the purpose of providing an anchoring system with means to facilitate the establishment of a fixed connection between an anchor pile and a borehole wall.
Allowable Subject Matter
Claims 9 and 28-29 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LARS A OLSON whose telephone number is (571) 272-6685. The examiner can normally be reached Monday to Friday 8:00am - 4:00pm.
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March 13, 2026
/LARS A OLSON/Primary Examiner, Art Unit 3615B