DETAILED ACTION
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, 24-28, 30-35 and 37-40 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 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 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; Figures 1-3,12-15).
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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 24, Gerrard et al. disclose a passive cable barrier system wherein the at least one cable 5 does not wrap or coil around the guide arm cable retention mechanism 8,6 (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 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 around the first structural arm, wherein the second post connection 6 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 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 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 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 to which the at least one cable is fixedly attached;
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; Figures 1-3,12-15).
As to claim 30, Gerrard et al. disclose a passive cable barrier system wherein the at least one cable 5 does not wrap or coil around the guide arm cable retention mechanism 8,6 (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 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 around the first structural arm, wherein the second post connection 6 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 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 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;
fixedly attaching at least one cable 5 to the first post connection;
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;
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; 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 37, Gerrard et al. disclose a method of operating the passive cable barrier system wherein the at least one cable 5 does not wrap or coil around the guide arm cable retention mechanism 8,6 (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 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 around the first structural arm, wherein the fixedly attaching the at least one cable 5 to the second post connection 6 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 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 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 January 26, 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 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.
Examiner disagrees. As to claims 21, 28 and 34, Gerrard et al. disclose a cable barrier system wherein at least one guide post 8 is not capable of preventing the least one cable 5 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; Figures 1-3,12-15).
Examiner notes that Figure 3C of the instant application clearly shows that cable retention coupler 116 loosely slidable guides cable 115 on guide post 110 without the coupler preventing displacement of the cable in either the horizontal or vertical direction; thus rendering the guide post not capable of preventing the least one cable from displacing as a result of experiencing forces associated with vehicular collisions or similar impacts. Figure 1 of the Gerrard et al. reference likewise clearly shows that 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; similar in both structure and function to that of the disclosure of the instant application. Accordingly, the Gerrard et al. reference discloses a cable barrier system 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 to the same extent which Applicant’s invention does, and Attorney’s arguments regarding such appear to be mere conjecture.
Furthermore, Examiner notes that claims 21, 28 and 34 each fail to recite any limitations which clearly define what structural features provide for the functional limitations of the guide post not being capable of preventing the least one cable from displacing as a result of experiencing forces associated with vehicular collisions or similar impacts.
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).
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02/27/26
/MICHAEL P FERGUSON/Primary Examiner, Art Unit 3619