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 . 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 (i.e., changing from AIA to pre-AIA ) 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.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Garcia et al. US 8,684,625 in view of Jonasz et al. US 2006/0245828.
Garcia et al. discloses a vehicle safety device (1) having a height and width sufficient to
permit a select class of motor vehicle (3) to straddle said device (1).
Said safety device (1) having a length greater than a length of said motor vehicle.
See Fig. 1; Col. 1, lns. 14-34, Col. 2, ln. 65-Col. 3, ln. 4. Wherein the device can be installed in an active roadway, such as adjacent a sidewalk, See Fig. 2. What Garcia et al. does not disclose is anchoring the device to the roadway. However, Jonasz et al. teaches it is known to make traffic safety devices (1) made of rubber, having bright colors, reflective properties and a steel plate around mounting holes (14), which are configured to receive spikes, screws or lag bolts with shields to permanently or temporarily install on a roadway, parking lot or the like and can weight up to 150 lbs.
[0026-31]. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the vehicle safety device of Garcia et al. from rubber, having bright colors, reflective properties and a steel plate around mounting holes (14), which are configured to receive spikes, in order to increase visibility and secure the device to the ground.
With respect to claim 10 Garcia et al. discloses a method of positioning the vehicle safety device (1) on a roadway, adjacent a sidewalk, and driving a vehicle (3) to straddle said vehicle safety device, Garcia et al. does not explicitly recite securing the device in place. However, Jonasz et al. teaches it is known to use spikes, screws and the like to secure traffic safety devices (1) made of rubber, having bright colors, reflective properties and a steel plate around mounting holes (14), to permanently or temporarily install on a roadway, parking lot or the like and can weight up to 150 lbs. [0026-31]. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the vehicle safety device of Garcia et al. from rubber, having bright colors, reflective properties and a steel plate around mounting holes (14), which are configured to receive spikes, in order to increase visibility and secure the device to the ground.
Response to Amendment
Applicant’s amendment filed 2/20/2026, with respect to the 35 USC 112(b) rejection of claims 7, 17 have been fully considered and are persuasive. The 112(b) of claims 7, 17 has been withdrawn.
Response to Arguments
Applicant's arguments filed 02/20/2026 have been fully considered but they are not persuasive. Applicant’s Rep. argues the prior art does not teach or suggest parking a vehicle over the ground clearance reduction device claimed. However, the Examiner does not concur. With respect to claims 1-9 the claimed invention a ground clearance reduction device having a length/width/height, and a securing device intended for use in securing the device to a ground surface. The prior art teaches a device that can be placed on a road and secured thereto. Therefore, the invention, said ground clearance reduction device is not dependent upon a vehicle or any particular type of vehicle being positioned over top the device. Patentability is based on the physical features of the device and not its intended use.
Further, relevant prior art only need show it can be secured to the ground with a
securing device. To that affect Garcia discloses a ground clearance reduction device (1) disposed on a roadway, adjacent a sidewalk. Jonasz teaches it is known to use fasteners to mount a ground clearance reduction device to a surface using a plurality of securing elements. Therefore, it would have been obvious to one of ordinary skill in the art before the claimed invention to secure the device of Garcia et al. with securing elements as taught by Jonasz in order to prevent the device from being removed from the surface.
With respect to claims 10-18 Garcia et al. disclose a method of disposing a ground clearance reduction device on a road surface, adjacent a sidewalk, the ground method comprising the steps:
Placing a ground clearance reduction device on a roadway adjacent a sidewalk.
Driving a vehicle (3) over said ground clearance reduction device.
What Garcia et al. do not disclose is securing the device to the road. However, Jonasz teaches it is known to use fasteners to mount a ground clearance reduction device to a surface using a plurality of securing elements. Therefore, it would have been obvious to one of ordinary skill in the art before the claimed invention to park over the clearance reduction device while stopped adjacent a sidewalk in order to prevent the device from being removed from the roadway.
The fact Applicant has found a new use for the device is not a patentable distinction when said use does not require any more than stopping the vehicle over top the device.
Applicant’s arguments are not persuasive and the rejection is maintained.
THIS ACTION IS MADE FINAL. 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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Conclusion
10. Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAYMOND W ADDIE whose telephone number is (571)272-6986. The examiner can normally be reached on m-f 7:30-12:30, then 6-9pm.
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/RAYMOND W ADDIE/Primary Examiner, Art Unit 3671 03/06/2026