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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 10/1/2025 has been entered. Claims 16-21, 24-28, 30-34, and 37-42 remain pending.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 16-21, 28, 30, 32- 34, and 37-41 are rejected under 35 U.S.C. 103 as being unpatentable over Ferraiolo (US 2012/0141214) in view of Iffergan (US 2006/0083458).
Re Clm 16: Ferraiolo discloses a metal net (figs 2-5) having a longitudinal direction (vertical) and a transverse direction (horizontal) oriented transversely to the longitudinal direction, the metal net comprising a plurality of elongate metal wires (12) oriented lengthwise along the longitudinal direction (see figs) of the metal net, the metal net further comprising at least one elongate element (14) oriented lengthwise (vertically) along the longitudinal direction of the metal net and having a longitudinal dimension (14 is longitudinally extending), the at least one elongate element being fixed to and integrated with one or more of the metal wires at connecting nodes (intersections), the connecting nodes being spaced from one another along at least the longitudinal direction of the metal net (see figs), each connection node comprising one of: a three-component node including two entwined portions of adjacent ones of the metal wires and part of the at least one elongate element inserted into and extending through the two entwined portions, or a two-component node including a portion of one of the elongate metal wires entwined with part of the at least one elongate element (Examiner notes that the metal wires and the elongate element form a two-component node).
Ferraiolo fails to disclose wherein the elongate element is an elongate sensor element and is configured to detect one or more of the following parameters: temperature variations in an environment surrounding the metal net; permanent deformation of the metal net; vibration in an environment surrounding the metal net; humidity level in an environment surrounding the metal net; pressure in an environment surrounding the metal net; electrical field in an environment surrounding the metal net; and/or magnetic field in an environment surrounding the metal net.
Iffergan teaches the use of a metal net with intertwined wires (chain link net 18) with an elongate sensor element (24) connected to the net. Examiner notes that Iffergan explicitly discloses that the sensor (24) is force/deformation sensitive and triggers an alarm (para 0018, 0029, 0080). Iffergan clearly discloses in the above paragraphs that the sensor is indeed capable of detecting a permanent deformation (i.e. a severed or cut optical wire) of the net, where the signal would terminate.
This is taught for the purpose of detecting a security breach or an attempted security breach of the net (see paragraph 0001). Therefore, it would have been an obvious modification to one having ordinary skill in the art before the effective filing date of the present invention to have replaced the elongate element of Ferraiolo with an elongate sensor element, as taught by Iffergan with a reasonable expectation of success, to detect a security breach or an attempted security breach of the net.
Re Clm 17: Ferraiolo as modified above discloses wherein the at least one elongate sensor element is a first elongate sensor element (14) and the metal net further comprises a second elongate sensor element (16) oriented transversely to the first elongate sensor element, the second elongate sensor element extending lengthwise along the transverse direction of the metal net (see figs 3 and 5).
Re Clm 18: Ferraiolo as modified above discloses wherein the at least one elongate sensor element having a substantially rectilinear path or a wave-shaped path (see figs 2-5) along the metal net.
Re Clm 19: Ferraiolo as modified above fails to explicitly discloses wherein the at least one elongate sensor element comprises a substantially rectilinear wire (side elongate elements 14).
Re Clm 20: Ferraiolo as modified above discloses wherein the at least one elongate sensor is covered with a layer or sheath of insulating material (Iffergan; plastic conduit, paragraph 0085).
Re Clm 21: Ferraiolo as modified above discloses wherein the at least one elongate sensor is an optical fiber sensor (Iffergan; throughout document) or a composite fiber sensor.
Re Clm 28: Ferraiolo in combination with Iffergan as modified above (as noted in the rejection of claim 16 above) discloses a process for manufacturing a metal net according to claim 16, wherein the at least one elongate sensor element is inserted into the net during the production thereof (see figs).
Re Clm 30: Ferraiolo as modified above discloses wherein the elongate metal wires and the at least one elongate sensor element have respective longitudinal dimensions oriented substantially along the longitudinal direction of the metal net. (Ferraiolo; wires 12 and elongate element 14 are oriented in substantially the same direction/dimension; figs 2-5).
Re Clm 32: Ferraiolo as modified above discloses wherein each connection node comprises the two-component connection node (see figs 2-5).
Re Clm 33: Ferraiolo as modified above discloses wherein the elongate metal wires are entwined with one another (see figs) and together form additional two-component connection nodes (at multiple node where wires 12 are intertwined together), each additional two-component connection node including two entwined portions of adjacent ones of the elongate metal wires.
Re Clm 34: Ferraiolo discloses a metal net (figs 2-5) having a longitudinal direction (vertical) and a transverse direction (horizontal) oriented transversely to the longitudinal direction, said metal net comprising: a plurality of elongate metal wires (12); a plurality of first nodes (where wires 12 are intertwined to each other) disposed at spaced intervals from one another along said metal net (see figs 2-5), each said first node comprising entwined portions of adjacent ones of said elongate metal wires (see figs); at least one elongate element (14) fixed to said metal net; and a plurality of second nodes (where wires 12 are intertwined to elongate element 14) disposed in spaced-apart relation from one another along at least the longitudinal direction of said metal net, each said second node comprising one of: a three-component node including entwined portions of two adjacent ones of said wires and a portion of said at least one elongate sensor element fixedly engaged therewith and extending through the entwined portions; or a two-component node (as shown in figs 2-5) including a portion of one of said elongate metal wires entwined with a portion of said at least one elongate element (Examiner notes that the metal wires 12 and the elongate element 14 form a two-component node), said first and second nodes being distributed along said metal net to provide said metal net with a mesh configuration (see figs), and said elongate metal wires and said at least one elongate element are all oriented lengthwise along the longitudinal direction of said metal net (vertically).
Ferraiolo fails to disclose wherein the elongate element is an elongate sensor element and is configured to detect one or more of the following parameters: temperature variations in an environment surrounding the metal net; permanent deformation of the metal net; vibration in an environment surrounding the metal net; humidity level in an environment surrounding the metal net; pressure in an environment surrounding the metal net; electrical field in an environment surrounding the metal net; and/or magnetic field in an environment surrounding the metal net.
Iffergan teaches the use of a metal net with intertwined wires (chain link net 18) with an elongate sensor element (24) connected to the net. Examiner notes that Iffergan explicitly discloses that the sensor (24) is force/deformation sensitive and triggers an alarm (para 0018, 0029, 0080). Iffergan clearly discloses in the above paragraphs that the sensor is indeed capable of detecting a permanent deformation (i.e. a severed or cut optical wire) of the net, where the signal would terminate.
This is taught for the purpose of detecting a security breach or an attempted security breach of the net (see paragraph 0001). Therefore, it would have been an obvious modification to one having ordinary skill in the art before the effective filing date of the present invention to have replaced the elongate element of Ferraiolo with an elongate sensor element, as taught by Iffergan with a reasonable expectation of success, to detect a security breach or an attempted security breach of the net.
Re Clm 37: Ferraiolo as modified above discloses wherein each of the elongate metal wires and the at least one elongate sensor element has a width (thickness) and a length greater than the width (as shown), and each of the elongate metal wires and the at least one elongate sensor element extend lengthwise along the longitudinal direction of the metal net (vertically).
Re Clm 38: Ferraiolo as modified above discloses wherein the elongate metal wires (12) and the at least one elongate sensor element (middle elongate element 14) extend in an undulating manner along the longitudinal direction (vertically) of the metal net.
Re Clm 39: Ferraiolo as modified above discloses wherein the elongate metal wires (12) extend in an undulating manner along the longitudinal direction of the metal net, and the at least one elongate sensor element (side elements 14) extends linearly along the longitudinal direction of the metal net.
Re Clm 40: Ferraiolo as modified above discloses wherein two of the elongate metal wires (12) are disposed transversely adjacent one another (as shown, 12 on either side of middle 14), and the at least one elongate sensor element is disposed between the two transversely adjacent elongate metal wires and interconnects the two transversely adjacent ones of the elongate metal wires to one another (as shown).
Re Clm 41: Ferraiolo as modified above discloses wherein first ones of the two-component connection nodes are each formed from part of the at least one elongate sensor element and a portion of one of the two transversely adjacent elongate metal wires (where 12 is connected to 14), and second ones of the two-component connection nodes are each formed from another part of the at least one elongate sensor element and a portion of the other of the two transversely adjacent elongate metal wires (where adjacent 12 is connected to 14), the first and second ones of the two-component connection nodes being disposed in an alternating manner with one another along the longitudinal direction of the metal net (see figs).
Claims 24-27 are rejected under 35 U.S.C. 103 as being unpatentable over Ferraiolo (US 2012/0141214) in view of Iffergan (US 2006/0083458) as applied to claims 16-21, 28, 30, 32- 34, and 37-41 above, and further in view of Applicant’s Admitted Prior Art (AAPA) and Papetti (US 5161917).
Re Clms 24 and 25: Ferraiolo in combination with Iffergan as modified above fails to explicitly disclose wherein the claimed net of claim 16 is embedded in at least one of two flanks of an embankment of a monitored bank, wherein the sensor element is arranged parallel to a primary direction of the bank. AAPA discloses that bank embankments are known to have two flanks (inner and outer), see pages 15-16 of Specification. Papetti also teaches the use of metal mesh nets for embedding in banks of river, lake, and coastal areas for erosion defenses (see background). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the present invention to have provided the modified net of Ferraiolo (as rejected above in claim 16) on at least one of two flanks of an embankment of a monitored bank, as taught by AAPA and Papetti with a reasonable expectation of success, for the purpose of determining forces acting on the embankment by outside forces.
Re Clms 26 and 27: Ferraiolo in combination with Iffergan as modified above fails to explicitly disclose wherein the claimed net of claim 16 is part of a road or railway embankment and the sensor element is positioned in at least at a base of the road embankment, at a base of the foundation, in the interior of the foundation, and in the interior of the pavement. Examiner again notes that AAPA discloses that embankments are known. Papetti also teaches the use of metal mesh nets for preventing erosion/landslides for roads. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the present invention to have provided the net of Ferraiolo (as rejected above in claim 16) on a road or railway embankment having a foundation and a pavement and wherein the sensor element(s) are positioned in at least at a base of the road embankment, at a base of the foundation, in the interior of the foundation, and in the interior of the pavement, as taught by AAPA and Papetti with a reasonable expectation of success, in an obvious manner of configuration.
Claims 31 and 42 are rejected under 35 U.S.C. 103 as being unpatentable over Ferraiolo (US 2012/0141214) in view of Iffergan (US 2006/0083458) as applied to claims 16-21, 28, 30, 32- 34, and 37-41, and further in view of Baldwin (US 4081159).
Re Clm 31: Ferraiolo as modified above fails to disclose wherein each connection node comprises the three-component connection node, and the at least one elongate sensor element is inserted into and extends through the two entwined portions of each three-component connection node and linearly along the longitudinal direction of the metal net.
Baldwin discloses a wire mesh configuration wherein a connection node between net wires (11, 12) and a further elongated wire (any one of 13, 14, 15, 16, 17) comprises a three-component connection node, and the at least one elongate sensor element is inserted into and extends through the two entwined portions of each three-component connection node and linearly along the longitudinal direction of the metal net. This is taught for the purpose of providing a varied configuration of the mesh net to prevent certain sized/shaped items from breaching the net. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the present invention to have modified the configuration of the mesh of the wire net of Ferraiolo to provide three-component connection nodes as claimed, as taught by Baldwin with a reasonable expectation of success, for the purpose of providing a varied configuration of the mesh net to prevent certain sized/shaped items from breaching the net.
Re Clm 42: Ferraiolo as modified above wherein two of the elongate metal wires are disposed transversely adjacent one another and the at least one elongate sensor element is disposed between the two transversely adjacent elongate metal wires (as taught by Baldwin, see figs 6 and 7), the three-component connection nodes being spaced from one another along the longitudinal direction of the metal net and each being formed from part of the at least one elongate sensor element and portions of the same two transversely adjacent elongate metal wires (see figs 6-7).
Response to Arguments
Applicant's arguments filed 10/1/2025 have been fully considered but they are not persuasive.
Applicant argues on page 10 that the teaching of the sensor of Iffergan ‘458 does not detect a permanent deformation of a metal net or if the net is in a new configuration after the transitory movement. Examiner disagrees and notes that Iffergan clearly discloses that the sensor would detect a termination in the signal. Examiner notes that if the net wires were severed (permanent) the resulting signal would terminate and the sensor would detect said signal termination. Iffergan appears to be able to sense any type of deformation, whether temporary or permanent.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN PETER MASINICK whose telephone number is (571)270-3060. The examiner can normally be reached Monday-Friday 8a-5p EST.
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/JONATHAN P MASINICK/ Primary Examiner, Art Unit 3678