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 .
Response to Arguments
Applicant's arguments filed January 22, 2026 have been fully considered but they are not persuasive.
Applicant’s argument that Applicant has amended claim 16 to remove the phrase “may be” is noted but is not considered persuasive because the phrase remains in the claim. Therefore the 112(b) rejection of claim 16 is maintained.
Applicant’s argument that Karkheck fails to disclose the mandrels being movable at least 90° between a vertical orientation and a horizontal orientation because the hydraulic accessory movement assembly of Karkheck merely provides minor corrections to pitch orientation to compensate for uneven ground under the machine is noted but is not considered persuasive because the arguments of counsel cannot take the place of evidence in the record. Karkheck discloses that the hydraulic accessory movement assembly enables the machine to pitch the mast (and thereby the pile drives and projections) forward and backward (e.g. paragraph 0033). Karkheck is silent to any limits of this pitch and does not mention that corrections must be minor. Fig. 2B and paragraph 0033 of Karkheck disclose that the hydraulic accessory movement assembly includes first and second telescoping arms and hinged connections to the mast. This configuration allows rotation of the mast between generally vertical as shown in Fig. 2B and generally horizontal which is not shown but is possible based on the telescoping arms and hinges. Karkheck further discloses that the mast (and thereby the pile drives and projections) are able to rotate about a hinge point (e.g. paragraph 0055) which also allows rotation of the mast to generally horizontal.
Applicant’s argument that Karkheck fails to disclose the first mast oriented substantially parallel with the second mast as the masts of Karkheck are oriented transversely to each other is noted but is not considered persuasive because the first and second masts are considered the leftmost and rightmost 221 in Fig. 2A, or in the alternative 440A and 440B in Fig. 7A. In both instances, these masts are parallel.
Claim Objections
Claim 7 is objected to because of the following informalities: “is” should be inserted before “oriented” in the last line. Appropriate correction is required.
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.
Claim 15 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential structural cooperative relationships of elements, such omission amounting to a gap between the necessary structural connections. See MPEP § 2172.01. The omitted structural cooperative relationships are: the relationship between the frame or body and the other elements of the apparatus. The claim recites a frame or body and associated axes, however there is no limitation that describes how, or even if, the frame or body is related to the apparatus.
Claim 16 is 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.
Regarding claim 16, the limitation “may be” in lines 1-2 renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention.
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, 2, 4 and 6-20 (as best understood) are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Karkheck et al (US 2020/0217034).
Regarding claim 1, Karkheck discloses an apparatus for installing two spaced piles into the ground (e.g. claim 1, Fig.’s 3A-3C, or in the alternative Fig.’s 7A-7B), the apparatus comprising: a first projection (e.g. 243A, Fig. 2A, or in the alternative 443A, Fig. 7A) for inserting into a first pile (e.g. leftmost 105, Fig. 3A, paragraph 0040, or in the alternative leftmost 105, Fig. 7A, paragraph 0056), a second projection (e.g. 243B, Fig. 2A, or in the alternative 443B, Fig. 7A) for inserting into a second pile (e.g. rightmost 105, Fig. 3A, paragraph 0040, or in the alternative rightmost 105, Fig. 7A, paragraph 0056), a first pile drive associated with the first projection (e.g. 230A, Fig. 2A, paragraph 0032, or in the alternative 430A, Fig. 7A, paragraph 0055), and a second pile drive associated with the second projection (e.g. 230B, Fig. 2A, paragraph 0032, or in the alternative 430B, Fig. 7A, paragraph 0055), wherein the first projection is movable along a first path (e.g. path defined by 231A, Fig. 2A, paragraph 0032, or in the alternative path defined by 440A, Fig. 7A, paragraph 0055), the second projection is movable along a second path (e.g. path defined by 231B, Fig. 2A, paragraph 0032, or in the alternative path defined by 440B, paragraph 0055), and the first pile drive and the second pile drive are movable between a first orientation in which the first and second projections extend generally vertically (e.g. Fig.’s 2A and 2B, or in the alternative Fig. 7A) and a second orientation in which the first and second projections extend generally horizontally (e.g. paragraphs 0030 and 0033 wherein the movement of 218 and/or 221 allows any number of orientations including horizontal, or in the alternative paragraph 0055 wherein the movement of 416 and/or 420 allows any number of orientations including horizontal), wherein the first orientation is essentially orthogonal to the second orientation (e.g. as explained above, wherein a generally vertical orientation and a generally horizontal orientation are essentially orthogonal to each other).
Regarding claim 2, Karkheck further discloses a first grabber associated with the first projection (e.g. 235A, Fig. 2A) and a second grabber associated with the second projection (e.g. 235B, Fig. 2A), the first grabber operative to hold a first pile in position relative to the first projection (e.g. Fig. 3A, paragraph 0039), the second grabber operative to hold a second pile in position relative to the second projection (e.g. Fig. 3A, paragraph 0039).
Regarding claim 4, Karkheck further discloses a first pile guide associated with the first projection (e.g. 231A, Fig. 2A) and a second pile guide associated with the second projection (e.g. 231B, Fig. 2A).
Regarding claim 6, Karkheck further discloses that the first pile drive is moveable reciprocally along the first path which is straight (e.g. Fig. 2A, paragraph 0041, or in the alternative Fig. 7A, paragraph 0055) and the second pile drive is moveable reciprocally along the second path which is straight (e.g. Fig. 2A, paragraph 0041, or in the alternative Fig. 7A, paragraph 0055).
Regarding claim 7, Karkheck further discloses that the first pile drive is mounted for reciprocal movement along a first mast (e.g. leftmost 221, Fig. 2A, paragraph 0034, or in the alternative 440A, Fig. 7A, paragraph 0055) and the second pile drive is mounted for reciprocal movement along a second mast (e.g. rightmost 221, Fig. 2A, paragraph 0034, or in the alternative 440B, Fig. 7A, paragraph 0055), the first projection moveable reciprocally with the first pile drive and the second projection moveable reciprocally with the second pile drive (e.g. paragraph 0040, or in the alternative paragraph 0055), wherein the first mast is oriented substantially parallel with the second mast (e.g. Fig. 2A, or in the alternative Fig. 7A).
Regarding claim 8, Karkheck further discloses that the first mast is mounted to a frame or a body (e.g. frame 220, Fig. 2B, or in the alternative 416, Fig. 7A) and the second mast is mounted to the frame or the body (e.g. frame 220, Fig. 2B, or in the alternative 416, Fig. 7A).
Regarding claim 9, Karkheck further discloses that the first projection is moveable laterally relative to the frame or the body and the second projection is moveable laterally relative to the frame or the body (e.g. Fig. 2B, paragraph 0033 wherein the body is considered 216 and/or 218, or in the alternative Fig. 7A, paragraph 0055 wherein the body is considered 416).
Regarding claim 10, Karkheck further discloses that the first projection and the second projection are rotatable about a horizontally-extending axis of rotation, and whereby the first projection and the second projection are moveable between a horizontal orientation and a vertical orientation (e.g. 228, Fig. 2A, or in the alternative 448, Fig. 7B, paragraph 0055).
Regarding claim 11, Karkheck further discloses that the first mast is provided with a first track along which the first pile drive is moveable (e.g. 231A, Fig. 2A, paragraph 0032) and the second mast is provided with a second track along which the second pile drive is moveable (e.g. 231B, Fig. 2A, paragraph 0032).
Regarding claim 12, Karkheck further discloses that the first track comprises a first track member mounted to the first mast (e.g. track member 231A is mounted to first mast 221 via 225, Fig. 2A, paragraph 0032) and the second track comprises a second track member mounted to the second mast (e.g. track member 231B is mounted to second mast 221 via 225, Fig. 2A, paragraph 0032).
Regarding claim 13, Karkheck further discloses that the first track on the first mast comprises a continuous chain, a continuous belt, a worm gear drive, an extendable and retractable arm or cylinder, a rack and pinion drive, a funicular track and cogged wheel drive, or a monorail and monorail wheel drive (e.g. rack and pinion drive, paragraph 0041).
Regarding claim 14, Karkheck further discloses that the first pile drive is mounted to a first carriage (e.g. 233A, Fig. 2A, or in the alternative 430A must include a carriage to allow attachment to 440A, Fig. 7A), the first carriage being movable along the first mast (e.g. paragraph 0032, or in the alternative paragraph 0055) and the second pile drive is mounted to a second carriage (e.g. 233B, Fig. 2A, or in the alternative 430B must include a carriage to allow attachment to 440B, Fig. 7A), the second carriage being movable along the second mast (e.g. paragraph 0032, or in the alternative paragraph 0055).
Regarding claim 15, Karkheck further discloses that a frame or body is rotatable about a first horizontal axis and is rotatable about a second horizontal axis, the second horizontal axis being essentially orthogonal to the first horizontal axis (e.g. frame 220, Fig. 2B, paragraph 0030, or in the alternative frame 420 is rotatable about 448 and in pitch, Fig. 7A, paragraph 0055).
Regarding claim 16, Karkheck further discloses that the body or the frame may be rotatable about a vertical axis (e.g. 220, Fig. 2B, paragraph 0030).
Regarding claim 17, Karkheck further discloses that the apparatus is adapted to be connected to an arm or a boom of an excavator (e.g. 216 and/or 218, Fig. 2B, paragraph 0029, or in the alternative 416, Fig. 7A, paragraph 0055).
Regarding claim 18, Karkheck further discloses that the apparatus includes a mounting adapter (e.g. 225, Fig. 2A) for mounting to a boom or an arm of an excavator (e.g. 216 and/or 218, Fig. 2B, paragraph 0029), a body or frame being rotatable relative to the mounting adapter (e.g. frame 220, Fig. 2A, paragraph 0035).
Regarding claim 19, Karkheck further discloses that the first pile drive is movable synchronously with, or independently of, the second pile drive (e.g. paragraph 0034, or in the alternative paragraph 0056).
Regarding claim 20, Karkheck further discloses that the first orientation in which the first and second projections extend generally vertically is substantially parallel with a plumb line and the second orientation in which the first and second projections extend generally horizontally is substantially orthogonal to the plumb line (e.g. as explained above, wherein a generally vertical orientation is substantially parallel with a plumb line and a generally horizontal orientation is substantially orthogonal to the plumb line).
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 3 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Karkheck et al (US 2020/0217034) as applied to claims 2 and 4 above, and further in view of Linley (US 2022/0274818).
Regarding claim 3, Karkheck discloses the invention substantially as applied above but does not disclose that the first grabber comprises opposed jaws movable between an open position and a closed position. Linley teaches an apparatus for installing piles into the ground (e.g. 10, Fig. 1, claim 1), the apparatus comprising: a first pile (e.g. 100, Fig. 5), a first pile drive associated with the first pile (e.g. 12, Fig. 5), and a first grabber operative to hold a first pile in position (e.g. 14, Fig. 5, paragraph 0020), wherein the first grabber comprises opposed jaws movable between an open position in which the jaws are spaced apart from each other and a closed position in which the jaws contact a pile (e.g. 28, Fig.’s 1 and 2, paragraph 0020). 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 grabber with opposed jaws as taught by Linley to each projection of Karkheck because such is a known device in the art that would provide the expected benefit of a safe way to handle piles with a variety of diameters and shapes with adjustable gripping force (e.g. Linley, paragraph 0033).
Regarding claim 5, Karkheck discloses the invention substantially as applied above but does not disclose that the first pile is slidable through the first pile guide as the first pile is being installed into the ground and the second pile is slidable through the second pile guide as the second pile is being installed into the ground. Linley teaches an apparatus for installing piles into the ground (e.g. 10, Fig. 1, claim 1), the apparatus comprising: a first pile (e.g. 100, Fig. 5), a first pile drive associated with the first pile (e.g. 12, Fig. 5), and a first pile guide (e.g. 54 and 56, Fig. 5), wherein the first pile is slidable through the first pile guide as the first pile is being installed into the ground (e.g. Fig. 4 wherein the arms 54 and 56 of the first pile guide are closed during handling of the pile and configured to then open during driving of the pile such that the pile is slidable through the first pile guide). 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 guide as taught by Linley to each projection of Karkheck because such is a known device in the art that would provide the expected benefit of controlling a remote end of the pile (e.g. Linley, paragraph 0007) and a safe way to handle piles with a variety of diameters and shapes with adjustable gripping force (e.g. Linley, paragraph 0033).
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 STACY N LAWSON whose telephone number is (571)270-7515. The examiner can normally be reached Mon-Fri 9am-3pm.
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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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/S.N.L./Examiner, Art Unit 3678
/AMBER R ANDERSON/Supervisory Patent Examiner, Art Unit 3678