DETAILED ACTION
This action is in response to amendments filed December 12, 2025.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Election/Restrictions
Applicant’s election without traverse of the species Picket Connection VII (Fig. 11) and Picket-Hing Knuckle Connection III (Fig. 16-17) in the reply filed on August 6, 2025 is acknowledged. Accordingly, claim 12 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a non-elected species, there being no allowable generic or linking claim.
Status of claims
Claims 1-20 are pending. Claim 12 is withdrawn from consideration as being drawn to a nonelected species, as noted above.
Claim Objections
Claims 4, 6, 8, 13, 17-18, 20 are objected to because of the following informalities:
While the language of claims 4, 6, 8, 13, 17-18, 20 do not explicitly warrant a rejection under 35 U.S.C. 112(b) for indefiniteness, the following amendments should be made in order to more clearly recite the intended scope of the claims.
Claim 4 should be amended in lines 5-6 to recite --to a portion of a shape of a hole in a picket fence wall of the first flat side of the first picket-- to clearly define that the picket fence wall is a part of the first flat side of the first picket defined in claim 1, so as to avoid ambiguity with whether or not the picket fence wall is on a different side of the picket or not.
Claim 6 should be amended in lines 7-8 to recite --wherein the second structure is separated from the flat surface of the interface structure to define the first space, the first space having a distance greater than a thickness-- as such more clearly defines the cooperate structural and functional relationship of the second structure/interface structure/picket fence wall, as the separation of the second structure is what forms the first space and allows the portion of the picket fence wall to be positioned in the first space.
Claim 8 should be amended in lines 3-7 to recite --having a shape corresponding to a portion of a shape of a second hole in the picket fence wall of the first picket, the first protruding structure and the second protruding structure each aligned with the , wherein…-- in order to provide grammar corrections and in order to clearly define that the second hole also within the picket fence wall, the same as the first hole, so as to avoid ambiguity as to whether they are within different walls or not.
Claim 13 should be amended in line 4 to recite --wherein each picket of the first set of pickets has a first recessed inner surface-- and in line 6 to recite --wherein each picket of the second set of pickets has a second recessed inner surface-- in order to clearly define that the recesses are located on each picket of each picket set, as seen in Fig. 11 of Applicant’s application.
Claim 17 should be amended in lines 6-17 to recite:
--a plurality of interface structures, a respective interface structure of the plurality of interface structures coupling a respective hinge knuckle of the plurality of hinge knuckles to a flat side of a respective picket of a respective picket fence segment of the plurality of picket fence segments, each interface structure comprising a curved surface in contact with the cylindrical outer surface of the respective hinge knuckle and a flat surface in contact with the flat side of the respective picket
a plurality of double hinge pins, each double hinge pin including a first pin and a second pin coupled to the first pin, wherein the first pin of a first double hinge pin of the plurality of double hinge pins is inserted into a first hinge knuckle of the plurality of hinge knuckles coupled to a first picket of a first picket fence segment of the plurality of picket fence segments, and the second pin of the first double hinge pin of the plurality of double hinge pins is inserted into a second hinge knuckle of the plurality of hinge knuckles coupled to a second picket of a second picket fence segment of the plurality of picket fence segments adjacent to the first picket fence segment--.
Said amendments more clearly define that each only one interface structure of the plurality is needed to couple only one of the hinge knuckles to a picket of one of the picket fence segments. Further, the language within the claim is more clear when reciting that each double hinge pin of the plurality includes a first pin and a second pin coupled to the first pin. Further, it is necessary to define to define that the first/second hinge knuckles are coupled to first/second pickets of the first/second picket fence segments, to clearly define that the hinge knuckles are coupled to pickets, and not some other segment or element of the picket fence segments.
Claim 18 should be amended in line 4 to recite --wherein the first pin and the second pin of each double hinge pin have different lengths-- so as to clearly define that the differing length pins are a part of each double hinge pin, not only the first double hinge pin recited in claim 17.
In claim 20, the limitation “wherein the first hinge knuckle of the plurality of hinge knuckles is coupled to a first picket of the first picket segment” in lines 2-3 should be deleted, as such language is already proposed to be within claim 17.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
Claims 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over Jones, Jr. (US 8,662,478; hereinafter Jones) in view of Graham, Jr. (US 3,970,045; hereinafter Graham) and Reckermann (DE-4031781).
Regarding claim 2, Jones discloses of a fencing system comprising:
a first set of pickets (see Annotated Fig. 1 below);
a second set of pickets (see Annotated Fig. 1);
a first hinge knuckle coupled to a first side of a first picket (17) of the first set of pickets (see Annotated Fig. 1);
a second hinge knuckle coupled to a second side of a second picket (16) of the second set of pickets (see Annotated Fig. 1).
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Annotated Figure 1
Jones does not explicitly disclose wherein each of the first and second hinge knuckles comprise a single vertical opening, a double hinge pin including a first pin and a second pin conjoined together, the first pin of the double hinge pin inserted into the vertical opening of the first hinge knuckle, the second pin of the double hinge pin inserted into the vertical opening of the second hinge knuckle, wherein a thickness of the first set of pickets, a thickness of the second set of pickets, and a distance between the first pin and the second pin enable the first set of pickets to be folded flat against the second set of pickets in a first configuration.
Graham (Fig. 1-9) teaches of a similar fencing system comprising fencing panels (10, 12, 14) connected to one another, wherein adjacent fence panels are joined together via a double hinge pin (58), wherein each double hinge pin includes a first pin and a second pin conjoined together (see Annotated Fig. 2 below, see Col. 3 lines 40-60 stating double hinge pin 58 is secured to abutting hinge knuckles 56 of adjacent panels, thus there are first and second pins), wherein each fence panel comprises hinge knuckles (56) that each have a single vertical opening (see Annotated Fig. 2, each hinge knuckle 56 must have a single opening to receive one of the pins of the double hinge pin as described in Col. 3 lines 40-60), and wherein a first pin of each double hinge pin is to be inserted into the vertical opening of a hinge knuckle of first fence panel and the second pin of each double hinge is to be inserted into the vertical opening of the hinge knuckle of an adjacent fence panel (see Col. 3 lines 40-60), thereby providing a sturdy enclosure that requires no anchoring to ground embedded supports or posts (see Col. 3 lines 55-60).
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Annotated Figure 2
It would be obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Jones with the teachings of Graham, such that each of the first and second hinge knuckles comprise a single vertical opening, wherein the fence system comprises a double hinge pin including a first pin and a second pin conjoined together, wherein the first pin of the double hinge pin is inserted into the vertical opening of the first hinge knuckle and the second pin of the double hinge pin is inserted into the vertical opening of the second hinge knuckle, thereby securing the first and second sets of pickets together and providing a sturdy enclosure that requires no anchoring to ground embedded supports or posts.
Reckermann teaches of a similar fencing system comprising a plurality of fencing panels (panels formed via 1, 2, 6; see Fig. 1-3), wherein a thickness of each of the fencing panels and a distance between pinned connections (6) of the panels allow for the panels to be folded flat against each other in a first configuration (see Fig. 3) and unfolded in a second configuration (see Fig. 2), as being folded flat against each other in the first configuration allows for the fencing system to be folded up like an accordion, thereby taking up less space when the fencing system is not in use (see [0005] of the translated description).
It would be obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Jones with the teachings of Reckermann, to have the thicknesses of the first and second sets of pickets and the distance between the first and second pins enable the first set of pickets to be folded flat against the second set of pickets in a first configuration and to have the first and second sets of pickets be unfolded in a second configuration, as such would allow the fencing system to be folded up like an accordion when in the first configuration, thereby taking up less space when the fencing system is not in use.
Regarding claim 3, the combination of Jones, Graham, and Reckermann further teach wherein the first set of pickets and the second set of pickets are configured to be unfolded into a second configuration (as taught in claim 2).
Allowable Subject Matter
Claims 1, 4-11, 13-20 are considered allowable in view of the aforementioned claim objections to claims 4, 6, 8, 13, 17-18, 20 allowed.
Regarding independent claims 1 and 17, the combination of prior art references of Jones in view of Knudslien (US 4,844,424) teach of the claimed fencing systems comprising nearly all of the limitations of the claimed inventions, including picket fence segments (Jones), hinge knuckles (Jones), and double hinge pines (Knudslien). However, neither reference, nor combination thereof explicitly disclose of interface structures coupling the hinge knuckles to a flat side of a picket of the sets of pickets, wherein the interface structure comprises a curved surface in contact with the cylindrical outer surface of the first hinge knuckle and a flat surface in contact with the first flat side of the first picket.
There is no teaching, suggestion, or motivation, absent Applicant’s own disclosure, for the above references to have an interface structure as claimed coupling the hinge knuckles to a respective picket of the picket fence segments. Furthermore, such modifications would not be obvious.
**Examiner notes that if claim 1 is issued allowance, claim 12, which is currently withdrawn, should be amended in the same manner as claim 13 above.
Response to Arguments
The amendments to the drawings, specification, and claims filed December 12, 2025 have been received. Accordingly, the prior claim objections and drawing objections have been withdrawn. Further, note that in response to the claim amendments, claims 1, 4-11, 13-20 have been allowed.
As to the amendments to claims 2-3, claims 2-3 have overcome the prior grounds of rejection over Jones in view of Knudslien and Reckermann. However, upon further search and consideration, a new grounds of rejection under 35 U.S.C. 103 has been issued regarding claims 2-3 over Jones in view of Graham and Reckermann. See above.
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.
10. Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN J BAYNES whose telephone number is (571)270-1852. The examiner can normally be reached on M-F 8:30AM-4:30PM EST.
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/K.J.B./Examiner, Art Unit 3678
/AMBER R ANDERSON/Supervisory Patent Examiner, Art Unit 3678