DETAILED ACTION
This final Office action is in response to the claims filed on June 5, 2026.
Status of claims: claims 2, 4, 8 and 10 are cancelled; claims 1, 3, 5-7, 9 and 11-15 are hereby examined below.
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 Objections
Claims 6 and 7 are objected to because of the following informalities: claims 6 and 7 depend off claim 5 and do not further limit claim 5 due to what claim 5 recite as well as the interpretation of claim 5. More specifically, since, as noted in the rejection below, the prior art reads on the filling is formed without additive in the claim 5 recitation of “the filling is formed with or without additive,” claims 6 and 7, which further define the additive and depend off claim 5, do not further limit claim 5.
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.
Claim 1, 5, 9 and 11-15 are rejected under 35 U.S.C. 103 as being unpatentable over EP 0655546A2 in view of JPH0711855A to Toshimi in view of US 5108828 to Hormann.
EP 0655546A2 discloses a passage device for access control or separation, the passage device comprises: at least one movable barrier element, which projects into a passage of the passage device and blocks the passage, wherein the passage device is one of a rotary door, a revolving door, or a sliding door system. (see annotated FIG. 1 below and FIG. 2)
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EP 0655546A2 fails to disclose wherein the barrier element has a base body with at least one hollow space, the base body having a closed ring-shape in a cross-section that completely encloses the hollow space, wherein the hollow space is at least partially filled with a filling, and is cast with the filling, wherein the filling is formed of metal, plastic, or a concrete mixture of solid aggregate and configured to increase bending stiffness and fills the hollow space by at least 80% of the hollow space, wherein the barrier element is configured with a first length longer than the base body having a second length and the filling extends over a third length inside the base body, wherein the second length extends over at least 50% of the first length, and the third length extends over at least 50% of the second length, wherein the barrier element has an outer diameter of at least 20 mm or at most 30 mm, or wherein the base body has a wall thickness of at least 0.5 mm or up to 10 mm.
Toshimi discloses a passage device for access control or separation, the passage device comprising: at least one barrier element 5-9 (see FIGS. 1 and 2), which projects into a passage of the passage device and blocks the passage (see FIG. 3), wherein the barrier element has a base body 5 with at least one hollow space (see machine translation of paragraph [0004], which describes element 5 as “a metal hollow pipe”), the base body having a closed ring-shape in a cross-section that completely encloses the hollow space, (note, a cross-sectional view of the Toshima base body 5 would illustrate the body with a “closed ring-shape in a cross-section that completely encloses the hollow space,” as recited; see also FIG. 2 below)
wherein the hollow space is at least partially filled with a filling 8, (see FIGS. 1 and 2) and is cast with the filling,
(Note: it has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. In other words, a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. In this case, “the hollow space” is capable of being “cast with the filling,” as recited.)
wherein the filling fills the hollow space by at least 80% of the hollow space, wherein the barrier element is configured with a first length longer than the base body having a second length and the filling extends over a third length inside the base body, wherein the second length extends over at least 50% of the first length, and the third length extends over at least 50% of the second length.” (see annotated FIG. 1 below)
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to swap at least one barrier element disclosed in EP 0655546A2 with the barrier element taught in Toshimi with a reasonable expectation of success in order “to provide a safe gate arm, by which there is no possibility of injury even when a foot passenger collides with the gate arm erroneously at the time of passing-through of a gate passage way, regarding a rotary type gate device.” (see Abstract of Toshimi)
EP 0655546A2, as applied above, discloses wherein the barrier element has an outer diameter, but fails to disclose exactly what constitutes that outer diameter.
On the other hand, a person of ordinary skill in the art is expected to routinely experiment with parameters so as to ascertain the optimum or workable sizes and ranges for a particular use. Accordingly, it would have been no more than an obvious matter of engineering design choice, as determined through routine experimentation and optimization, for one of ordinary skill to form the EP 0655546A2 barrier element with an outer diameter of at least 20 mm. Furthermore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to form the EP 0655546A2 barrier element with an outer diameter of at least 20 mm with a reasonable expectation of success in order to further prevent passage of people through the passage device.
Thus, EP 0655546A2, as applied above, discloses wherein the barrier element has an outer diameter of at least 20 mm, or at most 300 mm, or wherein the base body has a wall thickness of at least 0.5 mm, or up to 10 mm.
EP 0655546A2, as applied above, fails to disclose wherein the filling is formed of metal, plastic, or a concrete mixture of solid aggregate and configured to increase bending stiffness.
Hormann teaches of a passage device with a base body 1 with a filling 4 formed of plastic (see col. 2 and FIG. 1; “core 4 made of expanded plastic”), or metal, or a concrete mixture of solid aggregate and configured to increase bending stiffness.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the filling of the base body disclosed in EP 0655546A2, as applied above, with at a filling formed of plastic as taught in Hormann with a reasonable expectation of success in order to strengthen the interior of the base body without sacrificing the cushioning aspect of the filling, to form the base body of an inexpensive and durable material, as well as since it has been held to be within the general skill of a worker in the art before the effective filing date of the claimed invention to select a known material on the basis of its suitability for the intended use as a matter of design choice. (claim 1)
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EP 0655546A2, as applied above, further discloses wherein the filling is formed with or without additive. (see col. 2 of Hormmann; Hormann is silent as to any additive in the filling; thus the prior art discloses “the filling is formed .. without additive,” as recited.) (claim 5)
EP 0655546A2, as applied above, further discloses wherein the at least one barrier element for blocking and releasing the passage is arranged so as to be movable, or displaceable relative to a support element of the passage device. (see FIG. 3) (claim 9)
EP 0655546A2, as applied above, further discloses wherein the passage device is designed as a rotary barrier, wherein at least two of the barrier elements in the form of barrier arms are mounted so as to be rotatable about a common axis. (see FIG. 3) (claim 11)
EP 0655546A2, as applied above, further discloses wherein the passage device is designed as a turnstile, having at least one rotary arm (see FIG. 3) or having at least one turnstile wing, or having at least one barrier screen or having at least one turnstile column, wherein the rotary arm of the turnstile or the turnstile wing of the turnstile or the barrier screen of the turnstile or the turnstile column of the turnstile has at least one of the barrier elements or are designed as the barrier element. (claim 12)
EP 0655546A2, as applied above, further discloses wherein the rotary door 16 (see Fig. 1) has at least one rotary door leaf 14, wherein the at least one rotary door leaf has at least one barrier element. (claim 13)
EP 0655546A2, as applied above, further discloses wherein the revolving door 16 (see Fig. 1) having at least one revolving door leaf 14, wherein the revolving door leaf has at least one barrier element. (claim 14)
EP 0655546A2, as applied above, further discloses wherein the sliding-door system 16 (see Fig. 1 – note that a rotating door also slides) having at least one sliding door leaf 14, wherein the sliding door leaf has at least one barrier element. (claim 15)
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over EP 0655546A2 in view of Toshimi in view of Hormann, as applied to claim 1 above, in further view of US 9689189 to Zinda.
EP 0655546A2, as applied above, fails to disclose wherein the base body is made of metal or plastic.
Zinda teaches of the base body 108 of a barrier element made of plastic. (see FIG. 1A and col. 5)
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the base body disclosed in EP 0655546A2, as applied above, with the plastic body taught in Zinda with a reasonable expectation of success in order to further protect the filling, in order to strengthen the base body, to form the base body of an inexpensive and durable material, as well as since it has been held to be within the general skill of a worker in the art before the effective filing date of the claimed invention to select a known material on the basis of its suitability for the intended use as a matter of design choice. (claim 3)
Claims 1, 3, 5, 9 and 11-15 are rejected under 35 U.S.C. 103 as being unpatentable over EP 0655546A2 in view of US 5430974 to Hering in view of Toshimi in view of Hormann.
EP 0655546A2 discloses a passage device for access control or separation, the passage device comprises: at least one movable barrier element, which projects into a passage of the passage device and blocks the passage, wherein the passage device is one of a rotary door, a revolving door, or a sliding door system. (see annotated FIG. 1 above and FIG. 2)
EP 0655546A2 fails to disclose wherein the barrier element has a base body with at least one hollow space, the base body having a closed ring-shaped in a cross-section that completely encloses the hollow space, wherein the hollow space is at least partially filled with a filling, and is cast with the filling, wherein the filling is formed of metal, plastic, or a concrete mixture of solid aggregate and configured to increase bending stiffness and fills the hollow space by at least 80% of the hollow space, wherein the barrier element is configured with a first length longer than the base body having a second length and the filling extends over a third length inside the base body, wherein the second length extends over at least 50% of the first length, and the third length extends over at least 50% of the second length, wherein the barrier element has an outer diameter of at least 20 mm or at most 30 mm, or wherein the base body has a wall thickness of at least 0.5 mm or up to 10 mm.
Hering discloses a passage device for access control or separation, the passage device 10 comprising: at least one barrier element, which projects into a passage of the passage device and blocks the passage, (see FIG. 1) wherein the barrier element has a base body 20 (note: the base body includes elements 23,27,28; see FIGS. 3 and 4) with at least one hollow space (inside the base body between element 14 and the inner surface 34 of the base body; see FIGS. 3 and 4), the base body having a closed ring-shape in a cross-section that completely encloses the hollow space (see annotated figure below) wherein the barrier element is configured with a first length longer than the base body having a second length and the hollow space extends over a third length inside the base body, wherein the second length extends over at least 50% of the first length, and the third length extends over at least 50% of the second length.
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Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to swap at least one barrier element disclosed in EP 0655546A2 with the barrier element taught in Hering with a reasonable expectation of success in order to allow “for displaying indicia,” such as “advertisements,” on the at least one barrier element. (see Abstract and col. 1 of Hering)
Hering fails to disclose wherein the hollow space is at least partially filled with a filling, and is cast with the filling, wherein the filling is formed of metal, plastic or a concrete mixture of solid aggregate and configured to increase bending stiffness and fills the hollow space by at least 80% of the hollow space, wherein the barrier element is configured with a first length longer than the base body having a second length and the filling extends over a third length inside the base body.
Toshmi teaches of wherein the hollow space is at least partially filled with a filling 8, (see FIGS. 1 and 2) and is cast with the filling,
(Note: it has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. In other words, a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. In this case, “the hollow space” is capable of being “cast with the filling,” as recited.)
wherein the filling fills the hollow space by at least 80% of the hollow space, wherein the barrier element is configured with a first length longer than the base body having a second length and the filling extends over a third length inside the base body. (see annotated FIG. 1 above)
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the base body disclosed in EP 0655546A2 with the filing taught in Toshimi with a reasonable expectation of success in order to strengthen the structural integrity of the base body and alleviate the impact on a passerby when passing through the passage device and contacting the base body.
EP 0655546A2, as applied above, discloses wherein the barrier element has an outer diameter, but fails to disclose exactly what constitutes that outer diameter.
On the other hand, a person of ordinary skill in the art is expected to routinely experiment with parameters so as to ascertain the optimum or workable sizes and ranges for a particular use. Accordingly, it would have been no more than an obvious matter of engineering design choice, as determined through routine experimentation and optimization, for one of ordinary skill to form the EP 0655546A2 barrier element with an outer diameter of at least 20 mm. Furthermore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to form the EP 0655546A2 barrier element with an outer diameter of at least 20 mm with a reasonable expectation of success in order to further prevent passage of people through the passage device.
Thus, EP 0655546A2, as applied above, discloses wherein the barrier element has an outer diameter of at least 20 mm, or at most 300 mm, or wherein the base body has a wall thickness of at least 0.5 mm, or up to 10 mm.
EP 0655546A2, as applied above, fails to disclose wherein the filling is formed of metal, plastic, or a concrete mixture of solid aggregate and configured to increase bending stiffness.
Hormann teaches of a passage device with a base body 1 with a filling 4 formed of plastic (see col. 2 and FIG. 1; “core 4 made of expanded plastic”), or metal, or a concrete mixture of solid aggregate and configured to increase bending stiffness.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the filling of the base body disclosed in EP 0655546A2, as applied above, with at a filling formed of plastic as taught in Hormann with a reasonable expectation of success in order to strengthen the interior of the base body without sacrificing the cushioning aspect of the filling, to form the base body of an inexpensive and durable material, as well as since it has been held to be within the general skill of a worker in the art before the effective filing date of the claimed invention to select a known material on the basis of its suitability for the intended use as a matter of design choice. (claim 1)
EP 0655546A2, as applied above, further discloses wherein the base body is made of metal or plastic. (see col. 4 of Hering) (claim 3)
EP 0655546A2, as applied above, further discloses wherein the filling is formed with or without additive. (see col. 2 of Hormmann; Hormann is silent as to any additive in the filling; thus the prior art discloses “the filling is formed .. without additive,” as recited.) (claim 5)
EP 0655546A2, as applied above, further discloses wherein the at least one barrier element for blocking and releasing the passage is arranged so as to be movable, or displaceable relative to a support element 12 of the passage device. (see FIG. 1 of Hering) (claim 9)
EP 0655546A2, as applied above, further discloses wherein the passage device is designed as a rotary barrier, wherein at least two of the barrier elements in the form of barrier arms are mounted so as to be rotatable about a common axis. (see FIG. 1) (claim 11)
EP 0655546A2, as applied above, further discloses wherein the passage device is designed as a turnstile, having at least one rotary arm (see FIG. 1) or having at least one turnstile wing, or having at least one barrier screen or having at least one turnstile column, wherein the rotary arm of the turnstile or the turnstile wing of the turnstile or the barrier screen of the turnstile or the turnstile column of the turnstile has at least one of the barrier elements or are designed as the barrier element. (claim 12)
EP 0655546A2, as applied above, further discloses wherein the rotary door 16 (see Fig. 1) has at least one rotary door leaf 14, wherein the at least one rotary door leaf has at least one barrier element. (claim 13)
EP 0655546A2, as applied above, further discloses wherein the revolving door 16 (see Fig. 1) having at least one revolving door leaf 14, wherein the revolving door leaf has at least one barrier element. (claim 14)
EP 0655546A2, as applied above, further discloses wherein the sliding-door system 16 (see Fig. 1 – note that a rotating door also slides) having at least one sliding door leaf 14, wherein the sliding door leaf has at least one barrier element. (claim 15)
Response to Arguments
Applicant's arguments filed June 5, 2026 have been fully considered but they are not persuasive.
More specifically, on pages 4-6 of the applicant’s response filed June 5, 2026, the applicant contends that Toshimi fails to disclose “wherein the filling is formed of metal, plastic, or a concrete mixture of solid aggregate and configured to increase bending stiffness,” as recited in claim 1. The examiner agrees with the applicant and notes that Hormann, not Toshimi, is cited in the rejections above to teach “wherein the filling is formed of metal, plastic, or a concrete mixture of solid aggregate and configured to increase bending stiffness.”
Similarly, on pages 7-9 of the applicant’s response filed June 5, 2026, the applicant contends that ‘546 in view of Hering in view of Toshimi fail to disclose “the base body having a closed ring-shaped in a cross-section that completely encloses the hollow space” and “wherein the filling is formed of metal, plastic, or a concrete mixture of solid aggregate and configured to increase bending stiffness,” as recited in claim 1. The examiner disagrees in part. First, Hering does in fact disclose the base body 23, 27,28 “having a closed ring-shaped in a cross-section that completely encloses the hollow space.” (see at least FIG. 4 of Hering) Second, Hormann, not Toshimi, is cited in the rejections above to teach “wherein the filling is formed of metal, plastic, or a concrete mixture of solid aggregate and configured to increase bending stiffness.”
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARCUS MENEZES whose telephone number is (571)272-5225. The examiner can normally be reached on M - F 8-5 PST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Daniel Cahn can be reached on 571-270-5616. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Marcus Menezes/
Primary Examiner, Art Unit 3634
Prosecution Insights