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.
Claims 9 and 16 are 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.
Each of claims 9 and 16 recites only a process (“extruded”), which is an improper process of making recitation within a product 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 1, 2 and 7-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fredericks (U.S. Patent 3,957,383).
Fredericks discloses a guard (20) for a curb (15), the guard (20) having a sheet (column 4, lines 21-22, for example) of plastic material (fiberglass, for example) having a thickness, length and width (Figure 1, for example). A first lengthwise portion (22) overlaps at least part of the upper surface of the curb and a second lengthwise portion (21) overlaps with at least part of the side surface of the curb (Figure 2b, for example). The first portion is fastened to the upper surface of the curb (via 35, Figure 2d, for example).
Regarding claim 2, the material conforms to the curb (Figure 2b, for example).
Regarding claim 7, the width includes portions of the claimed range (column 2, lines 31-32).
Regarding claim 8, the length is in the claimed range (column 2, line 31).
Regarding claim 9, because the guard could have been made in the manner claimed, recitations are met. Note the 112 rejection, above.
Regarding claim 10, the fasteners penetrate the curb material (Figure 2d).
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 3-6 and 11-17 are rejected under 35 U.S.C. 103 as being unpatentable over Fredericks (U.S. Patent 3,957,383), as applied above.
Regarding claim 3, the examiner takes Official notice that it is well known to use ribs on upper surfaces of curb coverings in order to increase traction. For at least this reason, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to have configured Fredericks as claimed.
Regarding claim 4, the examiner takes Official notice that it is well known to position ribs along horizontal roadside surfaces. It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to have configured Fredericks in this manner in order to, for example, reflect light from traffic to illuminate the curb; thereby increasing safety, as is known in the art.
Regarding claims 5 and 12, the examiner takes Official notice that it is well known to use inner ribs on coverings. It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to have configured Fredericks as claimed in order to increase the underside surface area; thereby improving adhesion with the applied resin.
Regarding claims 6 and 13, the thickness of Fredericks is about 1/16 inches below the claimed range; however, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to have configured the thickness to be within the range in order to better shield from impact forces, as is the purpose of Fredericks.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The additional references teach curb guards.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GARY S HARTMANN whose telephone number is (571)272-6989. The examiner can normally be reached 11-7:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Thomas Will can be reached at 571272-6998. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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GARY S. HARTMANN
Primary Examiner
Art Unit 3671
/GARY S HARTMANN/Primary Examiner, Art Unit 3671