DETAILED ACTION
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 April 22, 2026 has been entered.
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 23, 24 and 33 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bronstad (US 2006/0200966).
As to claim 23, Bronstad discloses a transition system adapted for securing a roadside safety system to a fixed structure, the transition system comprising:
a plate 134 having a forward end and a rearward end, as well as a front face and a rear face, the plate comprising a flat surface which is configured to be conformed to a corresponding surface on the fixed structure 130; and
a transition mount 90a adapted to secure a rearward end of the roadside safety system 20 to the forward end of the plate, the transition mount comprising a thrie-beam connector 101,102,103 at a forward end thereof which transitions to a flat surface 92 at a rearward end thereof, the rearward end flat surface of the transition mount being adapted for securement to the forward end of the plate;
wherein the plate extends rearwardly of the transition mount (plate 134 extends rearwardly from the rear face of transition mount 90a; Figure 9).
As to claim 24, Bronstad discloses a transition system comprising a plurality of apertures disposed through the front and rear faces of the plate 134 at its rearward end, the plurality of apertures being adapted to receive mechanical fasteners for securing the plate to the corresponding surface on the fixed structure 130 (Figure 9).
As to claim 33, Bronstad discloses a transition system wherein the flat surface 95 of the transition mount 90a is secured to the forward end of the plate 314 by either mechanical fasteners or by one or more welds (Figure 9).
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 25-32 and 34-38 are rejected under 35 U.S.C. 103 as being unpatentable over Bronstad in view of Smith et al. (US 6,962,459).
As to claims 25-28, Bronstad fails to disclose a transition system wherein the plate includes a taper from about midway along a distance between the forward end of the plate and the rearward end of the plate and extending at an angle rearwardly to the rearward end of the plate; wherein the plate comprises a first width at its forward end and a second width at its rearward end smaller than the first width; and wherein the width of the plate narrows gradually from the first width along the length of the plate to the second width at the rearward end of the plate because of the taper.
Smith et al. teach a transition system wherein a plate 68 includes a taper from about midway along a distance between the forward end of the plate and the rearward end of the plate and extending at an angle rearwardly to the rearward end of the plate; wherein the plate comprises a first width at its forward end and a second width at its rearward end smaller than the first width; and wherein the width of the plate narrows gradually from the first width along the length of the plate to the second width at the rearward end of the plate because of the taper; the taper enabling the plate to be securely affixed to a smaller width surface of fixed structure 70, providing for greater utility of the plate (Figure 12a). Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the system disclosed by Bronstad wherein the plate comprises a taper, as taught by Smith et al., in order to enable the plate to be securely affixed to a smaller width surface of a fixed structure, providing for greater utility of the plate.
As to claim 29, Bronstad discloses a transition system wherein the corresponding surface on the fixed structure 130 is also flat, so that the plate 134 flat surface is adapted to lie in a flush manner on the corresponding flat surface on the fixed structure (Figure 9).
As to claim 30, Bronstad as modified by Smith et al. discloses a transition system wherein the second width at the rearward end of the plate 134 is adapted to correspond in size to a width of the corresponding flat surface on the fixed structure 130 (Figure 9).
As to claim 31, Bronstad as modified by Smith et al. discloses a transition system wherein the taper angle is adapted to the length of the transition plate 90a and to a size of the corresponding flat surface on the fixed structure 130 (Figure 9).
As to claim 32, Bronstad discloses a transition system wherein the size of the corresponding flat surface on the fixed structure 130 is one or more of its length, width, or area (Figure 9).
As to claim 34, Bronstad fails to disclose a transition system comprising a plurality of reinforcement ribs disposed in spaced relation to one another on the rear face of the plate.
Smith et al. teach a transition system comprising a plurality of reinforcement ribs 72 disposed in spaced relation to one another on the rear face of a plate 68; the reinforcement ribs providing for greater rigidity and strength of the plate (Figure 12a). Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the system disclosed by Bronstad wherein the plate comprises reinforcement ribs, as taught by Smith et al., disposed on the rear face of the plate, in order to provide for greater rigidity and strength of the plate.
As to claims 35-38, Bronstad discloses a transition system adapted for securing a roadside safety system to a fixed structure, the transition system comprising:
a plate 134 having a forward end and extending along a length to a rearward end, as well as a front face and a rear face; and
a transition mount 90a adapted to secure a rearward end of the roadside safety system 20 to the forward end of the plate, the transition mount comprising a thrie-beam connector 101,105,103 at a forward end thereof which transitions to a flat surface 92 at a rearward end thereof, the rearward end flat surface of the transition mount being adapted for securement to the forward end of the plate;
wherein the plate extends rearwardly of the transition mount (plate 134 extends rearwardly from the rear face of transition mount 90a; Figure 9).
Bronstad fails to disclose a transition system comprising a plurality of reinforcement ribs disposed in spaced relation to one another on the rear face of the plate; wherein each of the plurality of reinforcement ribs is disposed along the length of the plate, each of the plurality of reinforcement ribs having a length; wherein the lengths of at least two of the plurality of reinforcement ribs are different from one another; and wherein each of the plurality of reinforcement ribs is comprised of a C-channel construction.
Smith et al. teach a transition system comprising a plurality of reinforcement ribs 72 disposed in spaced relation to one another on the rear face of a plate 68; wherein each of the plurality of reinforcement ribs is disposed along the length of the plate, each of the plurality of reinforcement ribs having a length; wherein the lengths of at least two of the plurality of reinforcement ribs are different from one another; and wherein each of the plurality of reinforcement ribs is comprised of a C-channel construction; the reinforcement ribs providing for greater rigidity and strength of the plate (Figure 12a). Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the system disclosed by Bronstad wherein the plate comprises reinforcement ribs, as taught by Smith et al., disposed on the rear face of the plate, in order to provide for greater rigidity and strength of the plate.
Response to Arguments
Applicant's arguments filed April 22, 2028 have been fully considered but they are not persuasive.
As to claims 23 and 35, Attorney argues that:
Bronstad fails to disclose a transition system wherein the plate extends rearwardly of the transition mount.
Examiner disagrees. As to claims 23 and 35, Bronstad discloses a transition system wherein the plate 134 extends rearwardly of the transition mount 90a (plate 134 extends rearwardly from the rear face of transition mount 90a; Figure 9).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL P FERGUSON whose telephone number is (571)272-7081. The examiner can normally be reached M-F (10:00 am-7:00 pm EST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anna Momper can be reached at (571)270-5788. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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04/28/26
/MICHAEL P FERGUSON/Primary Examiner, Art Unit 3619
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