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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 March 9, 2026 has been entered.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the support surface engager comprising one or more earth anchors selected from the group consisting of a ground screw and an auger and further comprising foot as recited in claims 5 and 14 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 5 and 14 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The original specification does not describe the support surface engager comprising one or more earth anchors selected from the group consisting of a ground screw and an auger and further comprising foot.
Allowable Subject Matter
Claims 1, 4, 7, 8, 10, 13, 16, and 17 are allowed.
Response to Arguments
Applicant's arguments filed March 9, 2026 have been fully considered but they are not persuasive.
In the advisory action mailed December 2, 2025, the examiner indicated at least claim 4 (correction claim 5) introduced new matter because the “original specification does not support the support surfaced engager comprising one or more earth anchors selected from the group consisting of a ground screw and an auger and further comprising a foot. There is not support for the earth anchors comprising both a ground screw and foot OR both the auger and foot”.
The applicant disagrees.
Regarding claims 5 and 14, the applicant argues “the disclosure refers to use of a foot, auger or ground screw individually or in combination”. The applicant points to paragraphs 0015 and 0030 for support of the limitations recited in claim 5. Paragraph 0030 recites “[t] lift-stabilizers may be provided with surface-engaging feet or platforms, and in some embodiments, they may be provided with and earth anchor (e.g., ground screw or auger 800) as shown 400' in FIG. 8”. The applicant argues “that holding that the independent Claims 1 and 10 are de facto limited to feet or earth screws but not both (e.g., either-or) would be an unreasonably interpretation that would violate the Doctrine of Claim Differentiation.”
The examiner disagrees.
Nowhere in the specification does the applicant claims and/or shows the support surface engager comprises one or more earth anchors selected from the group consisting of a ground screw and an auger and further comprising a foot.
The rejection is maintained.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CASSANDRA DAVIS whose telephone number is (571)272-6642. The examiner can normally be reached Monday-Friday 8:00 AM-4:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Liu can be reached at 571-272-8227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CASSANDRA DAVIS/ Primary Examiner, Art Unit 3631
