DETAILED ACTION
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 34 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 34 (line 6) recites the limitation "the at least one cable". There is insufficient antecedent basis for this limitation in line 6 of the claim.
Examiner notes that claim 34 (line 7) recites “fixedly attaching at least one cable to the first post connection, ”. Accordingly, the limitations of “wherein the first post connection comprises the at least one cable wrapping around the first structural arm such that the at least one cable makes at least one revolution around the first structural arm; ” in claim 34 (lines 4-6) should be moved to after the recitation of “fixedly attaching at least one cable to the first post connection, ” in line 7 of the claim.
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 21, 22, 25-28, 31-35 and 38-40 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gerrard et al. (US 10,233,601).
As to claim 21, Gerrard et al. disclose a passive cable barrier system comprising:
at least one cable 5;
a first structural post 4,A that comprises a first structural base 7 and a first structural arm 4 that is fixedly coupled to the first structural base (Figure 1 reprinted with annotations below), wherein the first structural arm comprises a first post connection 6,18 to which the at least one cable is fixedly attached;
wherein the first post connection comprises the at least one cable wrapping around the first structural arm such that the at least one cable makes at least one revolution 18 around the first structural arm (cable 5 is wrapped one revolution back upon itself to form a closed loop 18 around first structural arm 4,A; Figure 3);
a second structural post 4,B that comprises a second structural base 7 and a second structural arm 4 that is fixedly coupled to the second structural base, wherein the second structural arm comprises a second post connection 6,18 to which the at least one cable is fixedly attached; and
at least one guide post 8 that each comprise a guide base 7 and a guide arm cable retention mechanism 8,6 that is attached to the guide base, wherein the guide arm cable retention mechanism slidably receives the at least one cable to maintain the at least one cable at a height and wherein the at least one guide post is positioned intermediate the first structural post and the second structural post; and
wherein at least one guide post is not capable of preventing the least one cable from displacing as a result of experiencing forces associated with vehicular collisions or similar impacts (cable retention coupler 6 loosely slidable guides cable 5 on guide post 8 without the coupler preventing displacement of the cable in either the horizontal or vertical direction, as clearly shown in Figure 1), and wherein a guide arm of the at least one guide post is comprised of at least one of a u-channel post or a square sign post (guide arm 8 of guide post 8 is a square post capable of use with a sign; Figures 1-3,12-15).
[AltContent: textbox (A)][AltContent: arrow][AltContent: textbox (C)][AltContent: arrow][AltContent: arrow][AltContent: textbox (B)][AltContent: textbox (D)][AltContent: arrow]
PNG
media_image1.png
373
731
media_image1.png
Greyscale
As to claim 22, Gerrard et al. disclose a passive cable barrier system comprising a third structural post 4,C that comprises a third structural base 7 and a third structural arm 4 that is fixedly coupled to the third structural base, wherein the third structural arm comprises a third post connection 6 to which the at least one cable 5 is fixedly attached and wherein the third structural post is fixedly attached to the at least one cable intermediate the first structural post 4,A and the second structural post 4,B (Figures 1-3,12-15).
As to claim 25, Gerrard et al. disclose a passive cable barrier system wherein the first and second structural posts 4,A,B comprise an end cable reinforcement D and wherein the first and second structural base 7 further comprise a structural reinforcement 10,12 (Figures 1-3,12-15).
As to claim 26, Gerrard et al. disclose a passive cable barrier system wherein the first post connection 6,18 comprises the at least one cable wrapping around the first structural arm 4,A such that the at least one cable 5 makes at least one revolution 18 around the first structural arm, wherein the second post connection 6,18 comprises the at least one cable 5 wrapping around the second structural arm 4,B such that the at least one cable makes at least one revolution 18 around the first structural arm and wherein a first end of the at least one cable is directed in a first direction and a second end of the at least one cable is directed in a second different direction, such that there is tension on the at least one cable around the first structural arm and the second structural arm (Figures 1-3,12-15).
As to claim 27, Gerrard et al. disclose a passive cable barrier system wherein the first post connection 6,18 further comprises a cable retention mechanism that defines a cable receiving area on the first structural arm 4,A and is capable of receiving the at least one cable 5 at a point where the first end of the at least one cable and second end of the at least one cable intersect, such that the at least one cable receiving area is configured to receive at least two portions of the at least one cable (Figures 1-3,12-15).
As to claim 28, Gerrard et al. disclose a passive cable barrier system comprising:
at least one cable 5;
a first structural post 4,A that comprises a first structural base 7 and a first structural arm 4 that is fixedly coupled to the first structural base, wherein the first structural arm comprises a first post connection 6,18 to which the at least one cable is fixedly attached;
a second structural post 4,B that comprises a second structural base 7 and a second structural arm 4 that is fixedly coupled to the second structural base, wherein the second structural arm comprises a second post connection 6,18 to which the at least one cable is fixedly attached;
wherein the first post connection comprises the at least one cable wrapping around the first structural arm such that the at least one cable makes at least one revolution 18 around the first structural arm (cable 5 is wrapped one revolution back upon itself to form a closed loop 18 around first structural arm 4,A; Figure 3);
a third structural post 4,C that comprises a third structural base 7 and a third structural arm 4 that is fixedly coupled to the third structural base, wherein the third structural arm comprises a third post connection 6 to which the at least one cable is fixedly attached and wherein the third structural post is fixedly attached to the at least one cable intermediate the first structural post and the second structural post; and
at least one guide post 8 that each comprise a guide base 7 and a guide arm cable retention mechanism 8,6 that is attached to the guide base, wherein the guide arm cable retention mechanism slidably receives the at least one cable to maintain the at least one cable at a height and wherein the at least one guide post is positioned intermediate the first structural post and the second structural post; and
wherein at least one guide post is not capable of preventing the least one cable from displacing as a result of experiencing forces associated with vehicular collisions or similar impacts (cable retention coupler 6 loosely slidable guides cable 5 on guide post 8 without the coupler preventing displacement of the cable in either the horizontal or vertical direction, as clearly shown in Figure 1), and wherein a guide arm of the at least one guide post is comprised of at least one of a u-channel post or a square sign post (guide arm 8 of guide post 8 is a square post capable of use with a sign; Figures 1-3,12-15).
As to claim 31, Gerrard et al. disclose a passive cable barrier system wherein the first and second structural posts 4,A,B comprise an end cable reinforcement D and wherein the first and second structural base 7 comprise a structural reinforcement 10,12 (Figures 1-3,12-15).
As to claim 32, Gerrard et al. disclose a passive cable barrier system wherein the first post connection 6,18 comprises the at least one cable wrapping around the first structural arm 4,A such that the at least one cable 5 makes at least one revolution 18 around the first structural arm, wherein the second post connection 6,18 comprises the at least one cable wrapping around the second structural arm 4,B such that the at least one cable 5 makes at least one revolution 18 around the first structural arm and wherein a first end of the at least one cable is directed in a first direction and a second end of the at least one cable is directed in a second different direction, such that there is tension on the at least one cable around the first structural arm and the second structural arm (Figures 1-3,12-15).
As to claim 33, Gerrard et al. disclose a passive cable barrier system wherein the first post connection 6,18 further comprises a cable retention mechanism that defines a cable receiving area on the first structural arm 4,A and is capable of receiving the at least one cable 5 at a point where the first end of the at least one cable and second end of the at least one cable intersect, such that the at least one cable receiving area is configured to receive at least two portions of the at least one cable (Figures 1-3,12-15).
As to claim 34, Gerrard et al. disclose a method of operating passive cable barrier system comprising:
mounting a first structural post 4,A to a ground surface, wherein the first structural post comprises a first structural base 7 and a first structural arm 4 that is fixedly coupled to the first structural base, wherein the first structural arm comprises a first post connection 6,18;
fixedly attaching at least one cable 5 to the first post connection;
wherein the first post connection comprises the at least one cable wrapping around the first structural arm such that the at least one cable makes at least one revolution 18 around the first structural arm (cable 5 is wrapped one revolution back upon itself to form a closed loop 18 around first structural arm 4,A; Figure 3);
mounting a second structural post 4,B to the ground surface, wherein the second structural post comprises a second structural base 7 and a second structural arm 4 that is fixedly coupled to the second structural base, wherein the second structural arm comprises a second post connection 6,18;
fixedly attaching the at least one cable 5 to the second post connection so that the at least one cable is under tension;
providing at least one guide post 8 that each comprise a guide base 7 and a guide arm cable retention mechanism 8,6 that is attached to the guide base; and
slidably receiving the at least one cable in the guide arm cable retention mechanism slidably to maintain the at least one cable at a height and wherein the at least one guide post is positioned intermediate the first structural post and the second structural post; and
wherein at least one guide post is not capable of preventing the least one cable from displacing as a result of experiencing forces associated with vehicular collisions or similar impacts (cable retention coupler 6 loosely slidable guides cable 5 on guide post 8 without the coupler preventing displacement of the cable in either the horizontal or vertical direction, as clearly shown in Figure 1), and wherein the at least one cable does not wrap or coil around the guide arm cable retention mechanism (cable 5 does not wrap or coil around the guide arm cable retention mechanism 8,6, as clearly shown in Figure 1; Figures 1-3,12-15).
As to claim 35, Gerrard et al. disclose a method of operating the passive cable barrier system comprising:
mounting a third structural post 4,C in the ground surface intermediate the first structural post 4,A and the second structural post 4,B, wherein the third structural post comprises a third structural base 7 and a third structural arm 4 that is fixedly coupled to the third structural base, wherein the third structural arm comprises a third post connection 6; and
fixedly attaching the at least one cable 5 to the third post connection (Figures 1-3,12-15).
As to claim 38, Gerrard et al. disclose a method of operating the passive cable barrier system comprising:
reinforcing the first and second structural posts 4,A,B with end cable reinforcements D; and
reinforcing the first structural base 7 and the second structural base 7 with a structural reinforcement 10,12 (Figures 1-3,12-15).
As to claim 39, Gerrard et al. disclose a method of operating the passive cable barrier system wherein the fixedly attaching the at least one cable 5 to the first post connection 6,18 comprises wrapping the at least one cable wrapping around the first structural arm 4,A such that the at least one cable makes at least one revolution 18 around the first structural arm, wherein the fixedly attaching the at least one cable 5 to the second post connection 6,18 comprises wrapping the at least one cable wrapping around the second structural arm 4,B such that the at least one cable makes at least one revolution 18 around the second structural arm and wherein a first end of the at least one cable is directed in a first direction and a second end of the at least one cable is directed in a second direction, such that there is tension on the at least one cable around the first structural arm and the second structural arm (Figures 1-3,12-15).
As to claim 40, Gerrard et al. disclose a method of operating the passive cable barrier system wherein the first post connection 6,18 further comprises a cable retention mechanism that defines a cable receiving area on the first structural arm 4,A and wherein the method further comprises receiving the at least one cable 5 at a point where the first end of the at least one cable and second end of the at least one cable intersect, such that the at least one cable receiving area is capable of receiving at least two portions of the at least one cable (Figures 1-3,12-15).
Response to Arguments
Applicant's arguments filed May 07, 2026 have been fully considered but they are not persuasive.
As to claims 21, 28 and 34, Attorney argues that:
Gerrard et al. fail to disclose a cable barrier system wherein the first post connection comprises the at least one cable wrapping around the first structural arm such that the at least one cable makes at least one revolution around the first structural arm, as loop 16 of the Gerrard et al. reference is formed by turning the end of cable 5 back on itself.
Examiner disagrees. As to claims 21, 28 and 34, Gerrard et al. discloses a cable barrier system wherein the first post connection 6,18 comprises the at least one cable 5 wrapping around the first structural arm 4,A such that the at least one cable makes at least one revolution 18 around the first structural arm (cable 5 is wrapped one revolution back upon itself to form a closed loop 18 around first structural arm 4,A; Figure 3).
As to claims 21 and 28, Attorney further argues that:
Gerrard et al. fail to disclose a cable barrier system wherein a guide arm of the at least one guide post is comprised of at least one of a u-channel post or a square sign post.
Examiner disagrees. As to claims 21 and 28, Gerrard et al. disclose a cable barrier system wherein a guide arm 8 of the at least one guide post 8 is comprised of at least one of a u-channel post or a square sign post (guide arm 8 of guide post 8 is a square post capable of use with a sign; Figures 1-3,12-15).
Conclusion
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.
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).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
04/20/26
/MICHAEL P FERGUSON/Primary Examiner, Art Unit 3619
Prosecution Insights