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 .
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 4, 5 and 8 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 Claim 4, the claim recites “two conveying lines and/or lines”. It is unclear if they are part of the “at least one conveying line” of claim 3. Appropriate correction is required.
As to Claim 5, the claim recites “at least one outlet opening”. It is unclear if this refers to the “at least one outlet opening” of claim 3. Appropriate correction is required.
As to Claim 8, the claim recites “a drilled hole” but claim 1 already recites a “drilled hole”. Appropriate correction is required.
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, 6 and 10-14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nolan Jr et al (U.S. Patent No. 4,175,620).
As to Claim 1, Nolan discloses a method for forming a foundation pile in the ground, in which
A drilled hole (Hole where 14 is inserted in Figure 6) is created in the ground,
A pile tube (14) is gripped by means of a handling device ([112, 114]; Column 4, Lines 11-14: “For example, as shown in FIG. 5, a tubular pin pile 14 may be lowered on a placement tool 114 which may be carried at the lower end of a conventional drill string 112”; Column 4, Lines 28-31: “The placement tool may then be disconnected from the pin pile by any suitable release mechanism, such as a reverse rotation release or an internal, pressure-actuated latch”) and inserted into the drilled hole (Figure 6), and
A curable medium is introduced into an annular space between a wall of the drilled hole and an outer circumference of the pile tube (14), which medium cures to form the foundation pile (Column 4, Lines 19-24: “When the pin pile is sufficiently embedded, grouting material may be conducted through the drill string and the interior of the pin pile into the annulus therearound. Thus, the pin pile may be permanently secured within the seabed”), wherein
The curable medium is introduced into the drilled hole via the handling device ([112, 114]).
As to Claim 2, Nolan discloses the invention of Claim 1 (Refer to Claim 1 discussion). Nolan also discloses wherein the curable medium (Column 4, Lines 19-24: “When the pin pile is sufficiently embedded, grouting material may be conducted through the drill string and the interior of the pin pile into the annulus therearound. Thus, the pin pile may be permanently secured within the seabed”) is introduced into the drilled hole, while the pile tube (14) is held by the handling device ([112, 114]).
As to Claim 6, Nolan discloses the invention of Claim 1 (Refer to Claim 1 discussion). Nolan also discloses wherein an excess pressure is generated at least in the pile tube (14), in a lower portion, which excess pressure counteracts an entry of curable medium (Column 4, Lines 19-24: “When the pin pile is sufficiently embedded, grouting material may be conducted through the drill string and the interior of the pin pile into the annulus therearound. Thus, the pin pile may be permanently secured within the seabed”) from the annular space into the interior of the pile tube (14).
As to Claim 10, Nolan discloses the invention of Claim 1 (Refer to Claim 1 discussion). Nolan also discloses wherein for inserting the pile tube (14) into the drilled hole the handling device ([112, 114]) is coupled to a lifting equipment (90), and after the introduction of the curable medium the lifting equipment (90) is released from the handling device ([112, 114]) and the handling device remains on the pile tube as an extra load, at least until the medium is cured.
As to Claim 11, Nolan discloses the invention of Claim 10 (Refer to Claim 10 discussion). Nolan also discloses wherein after the curing of the medium the handling device ([112, 114]) is released from the pile tube (14) and is salvaged (Column 4, Lines 28-31: “The placement tool may then be disconnected from the pin pile by any suitable release mechanism, such as a reverse rotation release or an internal, pressure-actuated latch”).
As to Claim 12, Nolan discloses the invention of Claim 1 (Refer to Claim 1 discussion). Nolan also discloses wherein the foundation pile is created under water in a bottom of a body of water as the ground (Figures 5 and 6).
As to Claim 13, Nolan discloses the invention of Claim 1 (Refer to Claim 1 discussion). Nolan also discloses wherein the handling device is actuated based upon a watercraft (Column 3, Lines 62-65: “The installation unit 12 is lowered from a surface vessel, such as a barge, or drilling rig, in any suitable fashion”).
As to Claim 14, Nolan discloses the invention of Claim 1 (Refer to Claim 1 discussion). Nolan also discloses wherein the handling device ([112, 114]) is connected via a releasable connecting device to at least one supply line (52).
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.
Claim 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nolan Jr et al (U.S. Patent No. 4,175,620) in view of Hall (U.S. Patent Application Publication No. 2011/0135401).
As to Claim 3, Nolan discloses the invention of Claim 1 (Refer to Claim 1 discussion). However, Nolan is silent about wherein the curable medium is conducted by means of at least one conveying line through the handling device up to at least one feed opening on the pile tube, wherein the curable medium is conducted via at least one line through the tube wall of the pile tube and emerges into the annular space via at least one outlet opening on the outer circumference of the pile tube. Hall discloses a curable medium conducted by means of at least one conveying line (112) through the handling device (70) up to at least one feed opening (21) on the pile tube (12), wherein the curable medium is conducted via at least one line (18) through the tube wall of the pile tube (12) and emerges into the annular space via at least one outlet opening (19) on the outer circumference of the pile tube (12). 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 curable medium is conducted by means of at least one conveying line through the handling device up to at least one feed opening on the pile tube, wherein the curable medium is conducted via at least one line through the tube wall of the pile tube and emerges into the annular space via at least one outlet opening on the outer circumference of the pile tube. The motivation would have been to direct grout to the annulus.
Claims 4 and 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nolan Jr et al (U.S. Patent No. 4,175,620) in view of Hall (U.S. Patent Application Publication No. 2011/0135401); and further in view of Knox (U.S. Patent No. 4,140,426).
As to Claim 4, Nolan as modified teaches the invention of Claim 3 (Refer to Claim 3 discussion). However, Nolan as modified is silent about wherein two conveying lines and/or lines are provided, which are switched by at least one valve means in such a way that they are connected in parallel for forming a dual feed line, or are connected in series for rinsing operation. Knox discloses two conveying lines (36, 37, 38) which are switched by at least one valve means (70, 100, 120) in such a way that they are connected in parallel for forming a dual feed line, or are connected in series for rinsing operation. Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to provide two conveying lines and/or lines are provided, which are switched by at least one valve means in such a way that they are connected in parallel for forming a dual feed line, or are connected in series for rinsing operation. The motivation would have been to control the entry of grout.
As to Claim 5, Nolan as modified teaches the invention of Claim 3 (Refer to Claim 3 discussion). However, Nolan as modified is silent about wherein at least one outlet opening (Hall: 19) is located in a lower region of the pile tube (Nolan: 14) and the curable medium fills the annular space from the bottom to the top.
Claims 7-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nolan Jr et al (U.S. Patent No. 4,175,620) in view of Riemers (U.S. Patent No. 6,488,446).
As to Claim 7, Nolan discloses the invention of Claim 6 (Refer to Claim 6 discussion). However, Nolan is silent about wherein in order to form an excess pressure in the lower portion of the pile tube a bulkhead plate is arranged therein, which bulkhead plate seals off the lower portion from an upper portion located there above. Riemers discloses a bulkhead plate (4) arranged in pile tube (1), which bulkhead plate seals off a lower portion (3) from an upper portion (12) located there above. Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to provide a bulkhead plate arranged in the pile tube, which bulkhead plate seals off the lower portion from an upper portion located there above. The motivation would have been to provide lateral reinforcements to the walls of the pile.
As to Claim 8, Nolan as modified teaches the invention of Claim 7 (Refer to Claim 7 discussion). Nolan as modified also teaches wherein for inserting the pile tube into a drilled hole filled with liquid, at least one through-opening (Riemers: 8) on the bulkhead plate (Riemers: 4) is opened.
As to Claim 9, Nolan as modified teaches the invention of Claim 7 (Refer to Claim 7 discussion). Nolan as modified also teaches wherein the at least one through-opening (Riemers: 8) is closed after the pile tube has been placed on a drilled hole bottom and before the curable medium is introduced.
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.
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