DETAILED ACTION
In response to remarks filed on 7 January 2026
Status of Claims
Claims 1-8 are pending;
Claims 1-8 are currently amended;
Claims 1-8 are rejected herein.
Response to Arguments
Applicant’s arguments filed on 7 January 2026 have been fully considered and they are not persuasive. With regards to the edge limitation, examiner contends that the micropiles are indirectly attached to the edges via the footing as terms such “coupled to”, “connected to”, “attached to” do not necessarily mean direct connections. Additionally, in Figure 13 at least 8 of the micropiles are right in the edge of the footing and Figure 14 shows micropiles at the edges of the four corners of the footing. With regards to the micropiles not being attached to the footing, examiner contends that Figure 14 shows the micropiles embedded in the footing. With regards to the diameter not being mentioned in the disclosure, examiner contends that a diameter is a measurement and a dimension and controlling dimensions to achieve certain load resistance depending on project requirements is a well-known matter of design choice.
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, 3, 4 and 6-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Berry (U.S. Patent No. 6,659,691) alone.
As to Claim 1, Berry discloses a bioinspired skirted footing (BISF) comprising:
A substructure base comprising a footing (Figure 14, “footing”) selected from a group consisting of a square footing, a rectangular footing, a circular footing, and a strip footing and
A plurality of micropiles (Figure 13, 10) attached to edges of the footing (The edges are part of a footing. Therefore, no matter the location of the micropiles in the footing, they attached to indirectly to the edges via the footing as terms such “coupled to”, “connected to”, “attached to” do not necessarily mean direct connections. Additionally, in Figure 13 at least 8 of the micropiles are right in the edge of the footing),
Wherein the plurality of micropiles (Figure 13, 10) are inclined at different inclinations, relative to the footing (Figure 13 shows the micropiles attached to the base at different inclinations)
Wherein the plurality of micropiles (Figure 13, 10) are arranged circumferentially around the footing and are closely spaced relative to one another (Figure 13 shows the micropiles circumferentially around the footing),
Wherein the plurality of micropiles (Figure 13, 10) are structural members made of any one or combination of solid steel, hollow steel, reinforced concrete, unreinforced concrete,
Wherein the footing (Figure 14, “footing”) is made of at least one of steel plate, steel frame, reinforced concrete, or prestressed concrete, and
Wherein the plurality of micropiles (Figure 13, 10) collectively act as structural skirts fixed to the edges of the footing (The edges are part of a footing. Therefore, no matter the location of the micropiles in the footing, they attached to indirectly to the edges via the footing as terms such “coupled to”, “connected to”, “attached to” do not necessarily mean direct contact connections. Additionally, in Figure 13 at least 8 of the micropiles are right in the edge of the footing and in Figure 14 there are micropiles in the edges of the four corners) to laterally confine soil beneath the footing and between the micropiles, thereby forming a confined soil plug that functions as an integral part of the bioinspired skirted footing, enhancing load carrying capacity of the BISF (Soil will surround the piles beneath the footing and therefore act as a plug).
Berry also discloses in Column 14, Lines 27-31 that “encountering rock deposits or very firm or packed soil strata will necessitate shortening of the length or dimensions of the pile, grout or column, etc. being utilized”. Therefore, dimensions of the pile are variable depending on site requirements. Although Berry does not explicitly disclose that the micropiles are inclined at different inclinations, relative to the footing, ranging from 0 degrees to 90 degrees, and wherein a center to center spacing between adjacent micropiles in the plurality of micropiles is in a range of 1D to 6D, where D is a diameter of a micropile, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to make the micropiles inclined at different inclinations, relative to the footing, ranging from 0 degrees to 90 degrees, and make a center to center spacing between adjacent micropiles in the plurality of micropiles in a range of 1D to 6D, where D is a diameter of a micropile since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level or ordinary skill in the art. Additionally, it is well known, readily apparent and obvious to change the size, shape, orientation, angles, percentages, and create ranges for piles depending on site requirements.
As to Claim 3, Berry as modified teaches the invention of Claim 1 (Refer to Claim 1 discussion). Berry as modified also teaches wherein a portion of each of the plurality of micropiles is embedded within concrete of the footing (Figures 14 and 15, “footing”) to provide structural continuity between the footing and the plurality of micropiles.
As to Claim 4, Berry as modified teaches the invention of Claim 1 (Refer to Claim 1 discussion). Berry as modified also teaches the plurality of micropiles are precast micropiles installed using a drilled or driven process in loose soils, soft soils, dense soils, rocks, or overburden (Column 6, Lines 47-55: “It is yet a further object to provide further enhancements to a soil installation site by virtue of the installation process of the present invention, especially with regard to tolerances and pile member location, adjacent distance to footing and consolidation of adjacent soil; drilling depth in relation to adjacent bedrock or dense soil layers, and pile positioning and placement; and the utilization of arced or arched positional support array configurations to maximize seismic wave deflection and ground site densification”).
As to Claim 6, Berry as modified teaches the invention of Claim 1 (Refer to Claim 1 discussion). Berry as modified also teaches wherein the plurality of micropiles (10) are socketed into firm soil or rock to enhance load-carrying capacity and stability of the footing.
As to Claim 7, Berry as modified teaches the invention of Claim 1 (Refer to Claim 1 discussion). Berry as modified also teaches wherein the plurality of closely spaced micropiles (10) are structural skirts that increase vertical, lateral, and overturning moment carrying capacities of the footing (Figure 14, “footing”).
As to Claim 8, Berry as modified teaches the invention of Claim 1 (Refer to Claim 1 discussion). Berry as modified also teaches wherein the spacing and inclination of the plurality of micropiles (10) are selected to optimize load-carrying capacity of the bioinspired skirted footing.
Claims 2 and 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Berry (U.S. Patent No. 6,659,691) in view of Groneck et al (U.S. Patent No. 6,012,874).
As to Claim 2, Berry as modified teaches the invention of Claim 1 (Refer to Claim 1 discussion). However, Berry as modified is silent about wherein each of the plurality of micropiles comprises a predrilled vertical or inclined borehole, with a casing provided when the borehole is collapsible; one or more solid steel bars disposed in the borehole, with top ends of the steel bars lapped into the footing; cement grout filling the borehole, introduced through a tremie method under gravity or pressure; and a bond zone between the cement grout and surrounding soil or bedrock, formed by gradually withdrawing the casing. Groneck discloses predrilling a hole, vertical or inclined (with a casing if the hole is collapsible) as per design specification (Column 5, Lines 27-37: “As with the micropile 10 described the Background Section of this disclosure, installation of the micropile 40 begins by drilling a hole and inserting three casing segments 52a-b in the hole (the third casing segment is not shown, but is similar to the casing segment 14c described in the Background section of this disclosure). It is to be understood that any number of casing segments can be used to extend the casing the necessary depth. However, for simplicity, the casing 52 shown in FIG. 3 is installed with three elongate, hollow, cylindrical casing segments 52a-b attached end-to-end”), then lowering a solid steel-round textured bar with centralizers into the bore (Column 5, Lines 59-65: “After the casing segments 52a-c are in place, reinforcements 64, such as steel rebar, are placed down the length of the inside of the casing 52. The reinforcements 64 can occupy as much as one half the internal volume of the casing 52. After the reinforcement 64 is placed in the casing 14, grout 66 is introduced into the casing by tremie”), then filling the cavity with cement grout, typically through tremie methods either under gravity or high pressure (Column 5, Lines 59-65: “After the casing segments 52a-c are in place, reinforcements 64, such as steel rebar, are placed down the length of the inside of the casing 52. The reinforcements 64 can occupy as much as one half the internal volume of the casing 52. After the reinforcement 64 is placed in the casing 14, grout 66 is introduced into the casing by tremie”), the casing is gradually withdrawn, creating a bond zone between the grout and surrounding soil or bedrock (Column 5, Line 66 to Column 6, Line 3: “After the casing 52 is filled with grout 66, the casing 52 is backed out of the drilled hole. Further grout 66 is added under pressure to the casing 52 while the casing is being withdrawn so that the hole left by the casing is filled with grout 66”. Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to have each of the plurality of micropiles comprise a predrilled vertical or inclined borehole, with a casing provided when the borehole is collapsible; one or more solid steel bars disposed in the borehole, with top ends of the steel bars lapped into the footing; cement grout filling the borehole, introduced through a tremie method under gravity or pressure; and a bond zone between the cement grout and surrounding soil or bedrock, formed by gradually withdrawing the casing. The motivation would have been to avoid collapse of soil within the drilled hole during the manufacturing of the micropile.
As to Claim 5, Berry as modified teaches the invention of Claim 1 (Refer to Claim 1 discussion). However, Berry as modified is silent wherein, in loose soils, the plurality of micropiles are installed using casing-driven construction followed by grouting. Groneck discloses driving a casing to then construct a micropile (Column 5, Lines 27-37: “As with the micropile 10 described the Background Section of this disclosure, installation of the micropile 40 begins by drilling a hole and inserting three casing segments 52a-b in the hole (the third casing segment is not shown, but is similar to the casing segment 14c described in the Background section of this disclosure). It is to be understood that any number of casing segments can be used to extend the casing the necessary depth. However, for simplicity, the casing 52 shown in FIG. 3 is installed with three elongate, hollow, cylindrical casing segments 52a-b attached end-to-end”). Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to wherein, in loose soils, the plurality of micropiles are installed using casing-driven construction followed by grouting. The motivation would have been to avoid soil collapse within the drilled hole.
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 EDWIN J TOLEDO-DURAN whose telephone number is (571)270-7501. The examiner can normally be reached Monday through Friday: 10:00AM to 6:00PM EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/EDWIN J TOLEDO-DURAN/Primary Examiner, Art Unit 3678
Prosecution Insights