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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 August 27, 2026 has been entered.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-16 and 18-20 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.
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 18 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 18, it is unclear whether “a boom arm or an arm of an excavator” in line 2 is the same as or different than, and in addition to, “a boom arm” in claim 1 because of the double positive recitation of “a boom arm”. For purposes of examination, the examiner interprets “a boom arm or an arm of an excavator” to mean “the boom arm”.
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 1, 2, 4, 6-16 and 18-20 (as best understood) are rejected under 35 U.S.C. 103 as being unpatentable over Karkheck et al (US 2020/0217034) in view of Alvarado (US 6,641,332).
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), 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), and an arm (e.g. 218, Fig. 2B, paragraph 0030), the first pile drive and the second pile drive mounted to the arm (e.g. Fig. 2B), 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), wherein the arm includes a horizontally-extending axis of rotation to rotate the first pile drive and the second pile drive (e.g. Fig. 2B, paragraph 0030 wherein the hinged end of 218 forms an axis of rotation). Karkheck does not disclose that the arm is a boom arm including a horizontally-extending axis of rotation to rotate the first pile drive and the second pile drive between the first and the second orientation. Alvarado teaches an apparatus for installing piles into the ground (e.g. Fig. 1), the apparatus comprising: a first projection (e.g. 63, Fig. 2) for inserting into a first pile (e.g. 101 or 111, Fig.’s 2 and 3, col. 2, lines 55-67), a first pile drive associated with the first projection (e.g. 61, Fig. 2, col. 2, lines 45-48), and a boom arm (e.g. 43, Fig. 1), the first pile drive mounted to the boom arm (e.g. Fig.’s 1 and 2, col. 2, lines 38-39), wherein the first pile drive is movable between a first orientation in which the first projection extends generally vertically (e.g. Fig.’s 1 and 2) and a second orientation in which the first projection extends generally horizontally (e.g. Fig. 1, col. 2, lines 28-36, wherein the hydraulic cylinders and pivotably connected arms are configured to orient the first projection in any number of orientations including horizontal), wherein the first orientation is essentially orthogonal to the second orientation (e.g. vertical and horizontal extensions are orthogonal), wherein the boom arm includes a horizontally-extending axis of rotation to rotate the first pile drive between the first orientation and the second orientation (e.g. Fig. 1, col. 2, lines 28-36). It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to use a boom arm as taught by Alvarado for the arm of Karkheck because such is a known arm in the art that would provide the expected benefit of being conventional equipment available to the public in the USA and allowing movement to different positions by an operator (e.g. Alvarado, col. 2, lines 28-37).
Regarding claim 2, the combination of Karkheck and Alvarado further discloses a first grabber associated with the first projection (e.g. Karkheck, 235A, Fig. 2A) and a second grabber associated with the second projection (e.g. Karkheck, 235B, Fig. 2A), the first grabber operative to hold a first pile in position relative to the first projection (e.g. Karkheck, Fig. 3A, paragraph 0039), the second grabber operative to hold a second pile in position relative to the second projection (e.g. Karkheck, Fig. 3A, paragraph 0039).
Regarding claim 4, the combination of Karkheck and Alvarado further discloses a first pile guide associated with the first projection (e.g. Karkheck, 231A, Fig. 2A) and a second pile guide associated with the second projection (e.g. Karkheck, 231B, Fig. 2A).
Regarding claim 6, the combination of Karkheck and Alvarado further discloses that the first pile drive is moveable reciprocally along the first path which is straight (e.g. Karkheck, 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. Karkheck, Fig. 2A, paragraph 0041, or in the alternative Fig. 7A, paragraph 0055).
Regarding claim 7, the combination of Karkheck and Alvarado further discloses that the first pile drive is mounted for reciprocal movement along a first mast (e.g. Karkheck, 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. Karkheck, 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. Karkheck, paragraph 0040, or in the alternative paragraph 0055), wherein the first mast is oriented substantially parallel with the second mast (e.g. Karkheck, Fig. 2A, or in the alternative Fig. 7A).
Regarding claim 8, the combination of Karkheck and Alvarado further discloses that the first mast is mounted to a frame or a body (e.g. Karkheck, 217, Fig. 2B, or in the alternative 416, Fig. 7A) and the second mast is mounted to the frame or the body (e.g. Karkheck, 217, Fig. 2B, or in the alternative 416, Fig. 7A).
Regarding claim 9, the combination of Karkheck and Alvarado 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. Karkheck, Fig. 2B, paragraph 0033, or in the alternative Fig. 7A, paragraph 0055). Examiner suggests clarifying the relationship between the masts and the frame (e.g. the frame is positioned between the masts and the boom arm) to overcome the prior art of record in combination with the limitations of claim 9.
Regarding claim 10, the combination of Karkheck and Alvarado 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. as explained above, wherein the projections are associated with the pile drives and rotate therewith).
Regarding claim 11, the combination of Karkheck and Alvarado further discloses that the first mast is provided with a first track along which the first pile drive is moveable (e.g. Karkheck, 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. Karkheck, 231B, Fig. 2A, paragraph 0032).
Regarding claim 12, the combination of Karkheck and Alvarado further discloses that the first track comprises a first track member mounted to the first mast (e.g. Karkheck, 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. Karkheck, track member 231B is mounted to second mast 221 via 225, Fig. 2A, paragraph 0032).
Regarding claim 13, the combination of Karkheck and Alvarado 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. Karkheck, rack and pinion drive, paragraph 0041).
Regarding claim 14, the combination of Karkheck and Alvarado further discloses that the first pile drive is mounted to a first carriage (e.g. Karkheck, 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. Karkheck, paragraph 0032, or in the alternative paragraph 0055) and the second pile drive is mounted to a second carriage (e.g. Karkheck, 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. Karkheck, paragraph 0032, or in the alternative paragraph 0055).
Regarding claim 15, the combination of Karkheck and Alvarado further discloses that the boom arm is rotatable about the horizontally-extending axis of rotation (e.g. as explained above) and is rotatable about a second horizontal axis, the second horizontal axis being essentially orthogonal to the horizontally-extending axis of rotation (e.g. Karkheck, paragraphs 0030 and 0033, or in the alternative paragraph 0055).
Regarding claim 16, the combination of Karkheck and Alvarado further discloses that the boom arm is rotatable about a vertical axis (e.g. Karkheck, paragraph 0030).
Regarding claim 18, the combination of Karkheck and Alvarado further discloses a mounting adapter (e.g. Karkheck, 225, Fig. 2A) for mounting to the boom arm (e.g. Karkheck, Fig. 2A), a body or frame being rotatable relative to the mounting adapter (e.g. Karkheck, 220, Fig. 2A, paragraph 0035).
Regarding claim 19, the combination of Karkheck and Alvarado further discloses that the first pile drive is movable synchronously with, or independently of, the second pile drive (e.g. Karkheck, paragraph 0034, or in the alternative paragraph 0056).
Regarding claim 20, the combination of Karkheck and Alvarado 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).
Claims 3 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Karkheck et al (US 2020/0217034) in view of Alvarado (US 6,641,332) as applied to claims 2 and 4 above, and further in view of Linley (US 2022/0274818).
Regarding claim 3, the combination of Karkheck and Alvarado 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 the combination of Karkheck and Alvarado 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, the combination of Karkheck and Alvarado 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 the combination of Karkheck and Alvarado 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
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
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