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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-7 are rejected on the ground of nonstatutory double patenting as being unpatentable over Claims 1-6 of U.S. Patent No. 11,933,011. Although the claims at issue are not identical, they are not patentably distinct from each other because they both deal with a concrete module with holes therein wherein a waterproof membrane filled with concrete and reinforcements is inserted there inside.
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 1-4, 6 and 7 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.
As to Claims 1, 4 and 6, the claims recite “the vertical penetration hole” when there is a “plurality of vertical penetration holes” claimed before. Appropriate correction is required.
As to Claims 3 and 7, the claim recites “formed as a mesh”. It is unclear what the term means. Is the element an actual mesh or simply shares a quality of with a mesh? Appropriate correction is required.
As to Claim 6, the claim recites “the concrete column” but there is a “plurality of concrete columns” in claim 5. Appropriate correction is required.
Claim 2 is also rejected for depending on a rejected claim.
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 1-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim (Korea Patent Publication No. KR20190010203A) in view of Nieman et al (U.S. Patent Application Publication No. 2019/0003142) and Wang et al (China Patent Publication No. CN108411904A).
As to Claim 1, Kim discloses a construction method for an underwater concrete structure for preventing subsidence at seabed soft ground, the construction method comprising:
Installing a main concrete structure (200) having a plurality of vertical penetration holes (110) extending vertically on a seabed ground (Paragraph 0094: “In this embodiment, the construction of a concrete block structure underwater is described as an example, but it is not necessary to construct it only underwater; the same construction method can be applied on land, and a concrete block structure in which only a portion is submerged underwater can also be constructed using the same method”); and
Forming a concrete column along the vertical penetration hole (110) and the ground perforated part by inserting a concrete column formation part (300), which comprises a concrete reinforcing member (310) extending vertically, a waterproof membrane (330) covering lower and side portions of the concrete reinforcing member (310), and fresh concrete (320) injected into the waterproof membrane, into the vertical penetration hole (110) and the ground perforated part after the forming of the ground perforated part (Paragraph 0094: “In this embodiment, the construction of a concrete block structure underwater is described as an example, but it is not necessary to construct it only underwater; the same construction method can be applied on land, and a concrete block structure in which only a portion is submerged underwater can also be constructed using the same method”), wherein the concrete column is divided into a penetration hole concrete column part located in the vertical penetration hole, a soft ground concrete column part located in the seabed ground (Paragraph 0094: “In this embodiment, the construction of a concrete block structure underwater is described as an example, but it is not necessary to construct it only underwater; the same construction method can be applied on land, and a concrete block structure in which only a portion is submerged underwater can also be constructed using the same method”).
Kim discloses that the method can be applied to block structures with only a portion submerged underwater and the remaining portion being on land as per Paragraph 0094 but does not provide details of the ground composition. However, Kim is silent about the plurality of vertical penetration holes extending vertically on an upper part of seabed soft ground which is on a top of seabed rock; forming a ground perforated part in the seabed soft ground and the seabed rock by perforating the seabed soft ground and the seabed rock located under each of the vertical penetration holes through the vertical penetration hole after the installing of the main concrete structure. Neiman discloses a plurality of vertical penetration holes (21) extending vertically on an upper part of soft ground (S) which is on a top of bedrock (B); forming a ground perforated part (Hole extending from main concrete structure 20 down to the soft ground S and ending in bedrock B) in the soft ground (S) and the bedrock (B) by perforating the soft ground and the bedrock located under each of the vertical penetration holes through the vertical penetration hole after the installing of the main concrete structure (Paragraph 0044: “Once two or more rows of concrete retaining wall blocks 20 have been placed into the excavated trench and properly stacked with the openings 21 aligned properly, the trench can be backfilled to stabilize the concrete retaining wall blocks 20. Then, a steel casing 22 can be inserted into each set of aligned openings 21 such that the steel casing 22 rests on the bottom of the trench. A drill (not shown) can then be inserted through the elevated top of the steel casing 22 and a hole drilled through the subsoil into the bedrock B, preferably eight (8′) feet into the bedrock B, or the depth determined by the design of the system, which results in the lowering of the steel casing 22 into the bedrock B”). Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to have the plurality of vertical penetration holes extend vertically on an upper part of seabed soft ground which is on a top of seabed rock; and form a ground perforated part in the seabed soft ground and the seabed rock by perforating the seabed soft ground and the seabed rock located under each of the vertical penetration holes through the vertical penetration hole after the installing of the main concrete structure. The motivation would have been to stabilize the structure through the bedrock.
Lastly, Kim as modified (See above paragraph) is silent about wherein the soft ground concrete column part is formed to support a lower end of the main concrete structure by having a diameter larger than a diameter of the penetration hole concrete column part. Wang discloses a soft ground (16) concrete column part (7) formed to support a lower end of the main structure (17) by having a diameter larger than a diameter of a penetration hole concrete column part (Paragraph 0061: “The pile bottom bag adopts an enlarged head design, which allows the bag to hold more concrete at this location. After the pile is completed, the base can be enlarged by enlarging the head, which increases the ground reaction force and improves the stability of the pile foundation”) wherein the concrete column is made of a membrane (11) with reinforcements (1, 2) there inside. Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to have the soft ground concrete column part formed to support a lower end of the main concrete structure by having a diameter larger than a diameter of the penetration hole concrete column part. The motivation would have been to increase the ground reaction force and improve the stability of the pile foundation as per Paragraph 0061 cited before.
As to Claim 2, Kim as modified teaches the invention of Claim 1 (Refer to Claim 1 discussion). Kim as modified also teaches wherein a waterproof membrane protective cover (Kim: 210) with a shape of a tube or a basket is provided on an outer side of the waterproof membrane (Kim: 330), with an upper end of the waterproof membrane protective cover positioned on a vertical middle of the waterproof membrane (Figure 6c).
As to Claim 3, Kim as modified teaches the invention of Claim 2 (Refer to Claim 2 discussion). Kim as modified also teaches wherein the waterproof membrane protective cover is formed as a mesh (The term “Formed as a mesh” does not indicate that the cover is a mesh. The protective cover of Kim and a generic mesh both share the quality of being materials for covering made of a small thickness) and is coupled to (Kim: Figure 6c) the outer side of the waterproof membrane (Kim: 330) via a skirt member (Kim: 440).
As to Claim 4, Kim as modified teaches the invention of Claim 2 (Refer to Claim 2 discussion). Kim as modified also teaches wherein in the forming of the ground perforated part, a protection pipe (Kim: 400) extending vertically is inserted through the vertical penetration hole (Kim: 110), and the inserted protection pipe is positioned across the vertical penetration hole (Kim: 110) and the ground perforated part; and in the forming of the concrete column, the waterproof membrane (Kim: 330) is inserted into the vertical penetration hole (Kim: 110) and the ground perforated part along an interior of the protection pipe (Kim: 400), and the protection pipe is removed after the waterproof membrane is inserted (Kim: Figure 6e).
As to Claim 5, Kim discloses an underwater concrete structure for preventing subsidence at seabed soft ground, the underwater concrete structure comprising:
A main concrete structure (200) installed on an upper part of seabed ground (Paragraph 0094: “In this embodiment, the construction of a concrete block structure underwater is described as an example, but it is not necessary to construct it only underwater; the same construction method can be applied on land, and a concrete block structure in which only a portion is submerged underwater can also be constructed using the same method”), wherein the main concrete structure (200) has a plurality of vertical penetration holes (110) extending vertically; and
A plurality of concrete columns (300) formed continuously along the vertical penetration holes (110) and the ground located under the vertical penetration holes (110), wherein each of the concrete columns (300) is divided into a penetration hole concrete column part (Portion of 300 within 110) located in each of the vertical penetration holes, and a concrete column part (Portion of 300 within the ground) located in the ground (Paragraph 0094: “In this embodiment, the construction of a concrete block structure underwater is described as an example, but it is not necessary to construct it only underwater; the same construction method can be applied on land, and a concrete block structure in which only a portion is submerged underwater can also be constructed using the same method”).
Kim discloses that the method can be applied to block structures with only a portion submerged underwater and the remaining portion being on land as per Paragraph 0094 but does not provide details of the ground composition. However, Kim is silent about the main concrete structure installed on an upper part of seabed soft ground on a top of seabed rock, wherein the main concrete structure is spaced apart upward from the seabed rock; and the plurality of concrete columns formed continuously along the vertical penetration holes and the seabed soft ground and the seabed rock located under the vertical penetration holes, wherein each of the concrete columns is divided into a penetration hole concrete column part located in each of the vertical penetration holes, a soft ground concrete column part located in the seabed soft ground, and a rock concrete column part located in the seabed rock. Neiman discloses a main concrete structure (20) installed on an upper part of soft ground (S) on a top of bedrock (B), wherein the main concrete structure (20) is spaced apart upward from the bedrock (Figure 9); a plurality of concrete columns (30) formed continuously along the vertical penetration holes (21) and the soft ground (S) and the bedrock (B) located under the vertical penetration holes (21), wherein each of the concrete columns (30) is divided into a penetration hole concrete column part located in each of the vertical penetration holes (21), a soft ground concrete column part (Portion of 30 in S) located in the soft ground, and a rock concrete column part (Portion of 30 in B) located in the bedrock. Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to have the main concrete structure installed on an upper part of seabed soft ground on a top of seabed rock, wherein the main concrete structure is spaced apart upward from the seabed rock; and the plurality of concrete columns formed continuously along the vertical penetration holes and the seabed soft ground and the seabed rock located under the vertical penetration holes, wherein each of the concrete columns is divided into a penetration hole concrete column part located in each of the vertical penetration holes, a soft ground concrete column part located in the seabed soft ground, and a rock concrete column part located in the seabed rock. The motivation would have been to stabilize the structure through the bedrock.
Lastly, Kim as modified (See above paragraph) is silent about the soft ground concrete column part supporting a lower end of the main concrete structure by having a diameter larger than a diameter of the penetration hole concrete column part to prevent subsidence of the main concrete structure. Wang discloses a soft ground (16) concrete column part (7) supporting a lower end of the main structure (17) by having a diameter larger than a diameter of a penetration hole concrete column part (Paragraph 0061: “The pile bottom bag adopts an enlarged head design, which allows the bag to hold more concrete at this location. After the pile is completed, the base can be enlarged by enlarging the head, which increases the ground reaction force and improves the stability of the pile foundation”) wherein the concrete column is made of a membrane (11) with reinforcements (1, 2) there inside. Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to have soft ground concrete column part support a lower end of the main concrete structure by having a diameter larger than a diameter of the penetration hole concrete column part to prevent subsidence of the main concrete structure. The motivation would have been to increase the ground reaction force and improve the stability of the pile foundation as per Paragraph 0061 cited before.
As to Claim 6, Kim as modified teaches the invention of Claim 5 (Refer to Claim 5 discussion). Kim as modified also teaches wherein the concrete column comprises a concrete reinforcing member (Kim: 310) formed vertically and arranged across the vertical penetration hole (Kim: 110), the seabed soft ground and the seabed rock, a waterproof membrane (Kim: 330) covering lower and side portions of the concrete reinforcing member, concrete (Kim: 320) poured and cured inside the waterproof membrane (Kim: 330), and a waterproof membrane protective cover (Kim: 120) with a shape of a tube or a basket located on an outer side of the waterproof membrane (Kim: 330) and having an upper end positioned on a vertical middle of the waterproof membrane (Kim: 330) to protect the waterproof membrane located in the seabed soft ground.
As to Claim 7, Kim as modified teaches the invention of Claim 6 (Refer to Claim 6 discussion). Kim as modified also teaches wherein the waterproof membrane protective cover is formed as a mesh (The term “Formed as a mesh” does not indicate that the cover is a mesh. The protective cover of Kim and a generic mesh both share the quality of being materials for covering made of a small thickness) and is coupled to (Kim: Figure 6c) the outer side of the waterproof membrane (Kim: 330) via a skirt member (Kim: 440).
Conclusion
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.
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/EDWIN J TOLEDO-DURAN/Primary Examiner, Art Unit 3678
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