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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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 contact surface being a curved surface (see claim 3) and 5-12 pile guides (see claim 27) 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 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 12 and 16-18 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.
Claim 12 recites the limitation "the contact surface" in line 2 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 16 recites “similar apparatus.” Similar is a relative term of degree and it is unclear as to what features would qualify another apparatus as being “similar” to the claimed apparatus.
Claims 17-18 are rejected as a result of their dependency from claim 16.
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.
Claim(s) 1-4, 6, 10, 12, 14, 16-18, 20, 22, and 24-26 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent No. 5,625,983 to Lachance et al. (“Lachance”).
Regarding claim 1, Lachance discloses an apparatus 52 (see Figs. 7 and 8c) for engaging an upright element, the apparatus comprising: an engaging portion (54, 58, or both 54 and 58 collectively) having an open region (area between 54 and 58) configured to accept an upright element (see Fig. 8c) engaged by the apparatus from a generally lateral direction and make contact therewith, and one or more pile guides 60 associated with the engaging portion, the pile guides configured to guide a pile generally downwardly into an underlying substrate.
Regarding claim 2, Lachance discloses that the engaging portion 54, 58, or both 54 and 58 collectively) comprises a contact surface for contacting a lateral surface of the upright element.
Regarding claim 3, Lachance discloses that the contact surface is a planar surface, or a surface formed by two planar surface portions intersecting at an angle, or a surface formed by two planar surface portions intersecting at an angle of about 90 degrees, or a surface formed by two planar surface portions forming an internal corner.
Regarding claim 4, Lachance discloses that the contact surface is configured to contact part but not all of the outer lateral surface of the upright element.
Regarding claim 6, Lachance discloses that the engaging portion 54, 58 is, or comprises, a plate or other generally planar shape.
Regarding claim 10, Lachance discloses that the engaging portion comprises or is associated with a support (58 functions as a support, see Fig. 8b) for supporting a downwardly facing end of the upright element.
Regarding claim 12, Lachance discloses that the support is a ledge 58 associated with or connected to the contact surface.
Regarding claim 14, Lachance discloses that the upright element is a post, a pole, a column, or a stump.
Regarding claim 16, Lachance discloses a connection region 56 or 44 configured to connect the apparatus to another same or similar apparatus.
Regarding claim 17, Lachance discloses that the connection region comprises an aperture 56 configured to receive a fastener.
Regarding claim 18, Lachance discloses that the connection region comprises a protrusion 44, including a flange, a tab, an ear, or a lug.
Regarding claim 20, Lachance discloses an aperture 56 configured to receive a fastener extending into the upright member, wherein the aperture is within the engaging portion.
Regarding claim 22, Lachance discloses that the one or more pile guides 60 is/are connected to the engaging portion 58.
Regarding claim 24, Lachance discloses that the one or more pile guides 60 is/are a hollow elongate structure.
Regarding claim 25, Lachance discloses that a wall or part thereof of the one or more pile guides 60 is formed by the engaging portion or another part of the apparatus.
Regarding claim 26, Lachance discloses that the one or more pile guides 60 are configured so as to direct a pile into an underlying substrate at an angle to the vertical.
Claim(s) 1-4, 10, 12, 14, 16-18, 22, 24-26, and 30-32 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent No. 1,077,028 to Bailey (“Bailey”).
Regarding claim 1, Bailey discloses an apparatus 3 for engaging an upright element, the apparatus comprising: an engaging portion 5 having an open region (groove 5) configured to accept an upright element 1 engaged by the apparatus from a generally lateral direction and make contact therewith, and one or more pile guides 9 associated with the engaging portion, the pile guides configured to guide a pile generally downwardly into an underlying substrate.
Regarding claim 2, Bailey discloses that the engaging portion 5 comprises a contact surface for contacting a lateral surface of the upright element.
Regarding claim 3, Bailey discloses that the contact surface (surface of 5 facing 1) is a curved surface.
Regarding claim 4, Bailey discloses that the contact surface (surface of 5 facing 1) is configured to contact part but not all of the outer lateral surface of the upright element.
Regarding claim 10, Bailey discloses that the engaging portion comprises or is associated with a support 6, 7 for supporting a downwardly facing end of the upright element.
Regarding claim 12, Bailey discloses that the support is a ledge 6, 7 associated with or connected to the contact surface.
Regarding claim 14, Bailey discloses that the upright element is a post, a pole, a column, or a stump.
Regarding claim 16, Bailey discloses a connection region 6, 7 configured to connect the apparatus to another same or similar apparatus.
Regarding claim 17, Bailey discloses that the connection region comprises an aperture (through which bolt 8 extends) configured to receive a fastener.
Regarding claim 18, Bailey discloses that the connection region comprises a protrusion 6, 7, including a flange, a tab, an ear, or a lug.
Regarding claim 22, Bailey discloses that the one or more pile guides 9 is/are connected to the engaging portion 5.
Regarding claim 24, Bailey discloses that the one or more pile guides 9 is/are a hollow elongate structure.
Regarding claim 25, Bailey discloses that a wall or part thereof of the one or more pile guides 9 is formed by the engaging portion or another part of the apparatus.
Regarding claim 26, Bailey discloses that the one or more pile guides 9 are configured so as to direct a pile into an underlying substrate at an angle to the vertical.
Regarding claim 30, Bailey discloses a system for engaging an upright element, the system comprising two apparatuses, each of the two apparatuses 3, 4 comprising: an engaging portion having an open region configured to accept an upright element 1 engaged by the apparatus 3, 4 from a generally lateral direction and make contact therewith, and one or more pile guides 9 associated with the engaging portion, the pile guides 9 configured to guide a pile 12 generally downwardly into an underlying substrate.
Regarding claim 31, Bailey discloses that the two apparatuses 3, 4 are substantially the same and/or mirror images of each other.
Regarding claim 32, Bailey discloses that the two apparatus 3, 4 are arranged in an opposing manner and connectable together about an upright member.
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(s) 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lachance or Bailey.
Regarding claim 27, Lachance or Bailey does not disclose 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 or 12 pile guides. It has been held that a mere duplication of parts, such as the duplication of the pile guides, has no patentable significance unless a new and unexpected result is produced. A duplication of parts is generally recognized as being within the level of ordinary skill in the art. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1955). Additional pile guides would provide additional piles for added support to the upright structure.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTINE T CAJILIG whose telephone number is (571)272-8143. The examiner can normally be reached M-F 9am-5pm.
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, Brian Glessner can be reached at 571-272-6754. 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.
/CHRISTINE T CAJILIG/Primary Examiner, Art Unit 3633
Prosecution Insights