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 § 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-3, 5-7, 9, 11, 13-14 and 16-18 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US Patent # 7,343,713 to Knepp et al.
Regarding claim 1, Knepp teaches in Figures 1A, 1B and 3, a foundation column assembly (100) [piling assembly (Column 4, Lines 52-53)] for supporting a wooden post (132) (Column 5, Lines 18-19) of a building frame (Column 4, Lines 51-52) thereon relative to ground (Column 5, Lines 37-38), the assembly (100) comprising: a column (112) [lower piling (Column 4, Line 53)] comprising a unitary concrete body (122) (Column 4, Line 59) extending longitudinally between a top end and a bottom end of the column (112); a bracket arrangement (136) [upper hinge (Column 5, Line 19)] at the top end of the column (112), the bracket arrangement (136) being arranged to be fastened to the wooden post (132) of the building; and at least one connecting rod (123) [vertically extending reinforcing rods (Column 4, Line 62)] connected to the bracket arrangement (136) and extending longitudinally into the unitary concrete body (122) of the column (112); wherein the unitary concrete body (122) of the column (112) comprises: an upper portion (114) [first end (Column 4, Lines 54-55)] adjacent the bracket arrangement (136) at the top end of the column (112) in which the upper portion has cross-sectional dimensions which are equal to corresponding dimensions of the wooden post (132); and a lower portion (116) [second end (Column 4, Lines 54-55)] below the upper portion (114) and adjacent to the bottom end of the column (112) in which the lower portion (116) has cross-sectional dimensions which are greater than the cross-sectional dimensions of the upper portion (114).
Regarding claim 2, Knepp teaches in Figures 1A, 1B and 3, the upper portion (114) spans a majority of a length of the column (112).
Regarding claim 3, Knepp teaches in Figures 1A, 1B and 3, the lower portion (116) defines a footing (127) (Column 5, Line 2) which protrudes radially relative to the upper portion (114) about a full circumference of the lower portion (116).
Regarding claim 5, Knepp teaches in Figures 1A, 1B and 3, at least one connecting rod (123) extends into the lower portion (116) of the column (112).
Regarding claim 6, Knepp teaches in Figures 1A, 1B and 3, the at least one connecting rod (123) comprises a plurality of rods, each including a main rod portion extending continuously between the bracket arrangement (136) and the lower portion (116) of the column (112), and a transverse portion (125) (Column 5, Lines 1-2)] extending transversely to a longitudinal direction of the column (112) within the lower portion (116) of the column (112).
Regarding claim 7, Knepp teaches in Figures 1A, 1B and 3, the transverse portion (125) is spaced below a top end of the lower portion (116) of the column (112).
Regarding claim 9, Knepp teaches in Figure 24, a method (Column 2, Line 24) of supporting a wooden post (Column 15, Lines 24-31) of a building frame (Column 15, Lines 24-31) thereon relative to the ground (Column 1, Lines 35-36), the method comprising: providing [inserting into the ground (Column 8, Lines 24-25)] a foundation column assembly (512) [lower piling (Column 11, Line 46)]; inserting the column assembly (512) into a hole formed in the ground (Column 8, Lines 24-25) such that the bracket assembly (524) protrudes from the ground [as seen]; fastening the wooden post to the bracket arrangement of the column assembly [attachment scheme (Column 13, Lines 15-30)]; and backfilling the hole with backfilling material (Column 5, Lines 10-11) such that the backfilling material surrounds at least the lower portion and part of the upper portion of the column within the hole in the ground [as seen].
Regarding claim 11, Knepp teaches in Figures 1A, 2B, 3 and 24, a method (Column 2, Line 24) of supporting a wooden post (Column 15, Lines 24-31) of a building frame (Column 15, Lines 24-31) thereon relative to the ground (Column 1, Lines 35-36), the method comprising: providing [inserting into the ground (Column 8, Lines 24-25)] a foundation column assembly (512) [lower piling (Column 11, Line 46)] comprising a column (112) [lower piling (Column 4, Line 53)] comprising a unitary concrete body (122) (Column 4, Line 59) extending longitudinally between a top end and a bottom end of the column (112); a bracket arrangement (136) [upper hinge (Column 5, Line 19)] at the top end of the column (112); and at least one connecting rod (123) [vertically extending reinforcing rods (Column 4, Line 62)] connected to the bracket arrangement (136) and extending longitudinally into the unitary concrete body (122) of the column (112); wherein the unitary concrete body (122) of the column (112) comprises: an upper portion (114) [first end (Column 4, Lines 54-55)] at the top end of the column (112) having cross-sectional dimensions which are equal to corresponding dimensions of the wooden post (132); and a lower portion (116) [second end (Column 4, Lines 54-55)] below the upper portion (114) and adjacent to the bottom end of the column (112) in which the lower portion (116) has cross-sectional dimensions which are greater than the cross-sectional dimensions of the upper portion (114); inserting the column assembly (512) into a hole formed in the ground (Column 8, Lines 24-25) such that the bracket assembly (524) protrudes from the ground [as seen]; fastening the wooden post to the bracket arrangement of the column assembly [attachment scheme (Column 13, Lines 15-30)]; and backfilling the hole with backfilling material (Column 5, Lines 10-11) such that the backfilling material surrounds at least the lower portion and part of the upper portion of the column within the hole in the ground [as seen].
Regarding claim 13, Knepp teaches in Figures 1A, 1B and 3, the upper portion (114) spans a majority of a length of the column (112).
Regarding claim 14, Knepp teaches in Figures 1A, 1B and 3, the lower portion (116) defines a footing (127) (Column 5, Line 2) which protrudes radially relative to the upper portion (114) about a full circumference of the lower portion (116).
Regarding claim 16, Knepp teaches in Figures 1A, 1B and 3, at least one connecting rod (123) extends into the lower portion (116) of the column (112).
Regarding claim 17, Knepp teaches in Figures 1A, 1B and 3, the at least one connecting rod (123) comprises a plurality of rods, each including a main rod portion extending continuously between the bracket arrangement (136) and the lower portion (116) of the column (112), and a transverse portion (125) (Column 5, Lines 1-2)] extending transversely to a longitudinal direction of the column (112) within the lower portion (116) of the column (112).
Regarding claim 18, Knepp teaches in Figures 1A, 1B and 3, the transverse portion (125) is spaced below a top end of the lower portion (116) of the column (112).
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 4 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent # 7,343,713 to Knepp et al.
Regarding claim 4, Knepp teaches in Figure 3, the cross-sectional dimensions of the lower portion are greater than the cross-sectional dimensions of the upper portion but does not quantify how much greater. However, it would have been an obvious matter of design choice to specify how much greater the lower portion is than the upper portion 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. In re Rose, 105 USPQ 237 (CCPA 1955). It would have been an obvious matter of design choice to specify 50% greater since the Applicant has not disclosed that such an arrangement solves any stated problem or is of any particular purpose and it appears that the arrangement of Knepp would perform equally well
Regarding claim 15, Knepp teaches in Figure 3, the cross-sectional dimensions of the lower portion are greater than the cross-sectional dimensions of the upper portion but does not quantify how much greater. However, it would have been an obvious matter of design choice to specify how much greater the lower portion is than the upper portion 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. In re Rose, 105 USPQ 237 (CCPA 1955). It would have been an obvious matter of design choice to specify 50% greater since the Applicant has not disclosed that such an arrangement solves any stated problem or is of any particular purpose and it appears that the arrangement of Knepp would perform equally well
Claims 8, 10 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent # 7,343,713 to Knepp et al in view of US Patent Application Publication # 2017/0073972 to Gilbert et al.
Regarding claim 8, Knepp teaches in Figures 1A, 1B and 3, the bracket arrangement (136) comprises a pair of plates (168) [opposing walls (Column 6, Line 21)] locating a plurality of fastener apertures [as seen] to fasten [attachment scheme (Column 13, Lines 15-30)] the bracket arrangement (136) to the wooden post (132). Knepp does not teach the bracket arrangement (136) is arranged for use with a plurality of wood screws for penetration into the wooden post (132). However, Gilbert teaches in Figure 12, a plurality of wood screws (150/152) (Paragraph 0074) are provided for penetration into a wooden post (94) (Paragraph 0068); and fastening the wood screws (150) into the wooden post (94) through fastener apertures in a bracket arrangement (124) [plate (Paragraph 0074)] to fasten the bracket arrangement (124) to the wooden post (94) (Paragraph 0074). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Knepp with Gilbert and have a reasonable expectation of success because Gilber teaches the screw fix the bracket arrangement to the post (Paragraph 0074).
Regarding claim 10, Knepp teaches a method. Furthermore, Knepp teaches in Figure 1A, fastener apertures in the bracket arrangement (136) but does not teach providing wood screws. However, Gilbert teaches in Figure 12, a plurality of wood screws (150/152) (Paragraph 0074) are provided for penetration into a wooden post (94) (Paragraph 0068); and fastening the wood screws (150) into the wooden post (94) through fastener apertures in a bracket arrangement (124) [plate (Paragraph 0074)] to fasten the bracket arrangement (124) to the wooden post (94) (Paragraph 0074). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Knepp with Gilbert and have a reasonable expectation of success because Gilber teaches the screw fix the bracket arrangement to the post (Paragraph 0074).
Regarding claim 12, Knepp teaches a method. Furthermore, Knepp teaches in Figure 1A, fastener apertures in the bracket arrangement (136) but does not teach providing wood screws. However, Gilbert teaches in Figure 12, a plurality of wood screws (150/152) (Paragraph 0074) are provided for penetration into a wooden post (94) (Paragraph 0068); and fastening the wood screws (150) into the wooden post (94) through fastener apertures in a bracket arrangement (124) [plate (Paragraph 0074)] to fasten the bracket arrangement (124) to the wooden post (94) (Paragraph 0074). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Knepp with Gilbert and have a reasonable expectation of success because Gilber teaches the screw fix the bracket arrangement to the post (Paragraph 0074).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW J TRIGGS whose telephone number is (571)270-3657. The examiner can normally be reached Mon-Thurs 6am-2pm EST.
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/ANDREW J TRIGGS/Primary Examiner, Art Unit 3635
