DETAILED ACTION
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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on December 30, 2025 has been entered.
Response to Arguments
Applicant's arguments filed December 30, 2025 have been fully considered but they are not persuasive.
Applicant’s argument that according to Rothfuss ‘526 the section of the wire 12 which is before the eye 22 is always (in all the embodiment) and only straight, and no teaching can be found in Rothfuss ‘526 to have the first section 18 shaped not as a straight section is noted but is not considered persuasive because Rothfuss ‘526 explicitly states in paragraph 0056 that “at least one of the legs 18, 19 has a profiled section which can be a sharp bend and/or a wave-shaped bend 24 or the like”. This recitation is provided in relationship to Fig.’s 46-48. Further, Fig. 48 explicitly shows the leg 18 as being profiled with a wave-shaped bend while the leg 19 is straight. Although Rothfuss ‘256 does not show the exact configuration of the leg 18 being profiled with a sharp bend while leg 19 remains straight, such a configuration is provided in the disclosure of paragraph 0056. Therefore, the previous rejection is maintained based on the modification of Tiboni in view of the teachings of Rothfuss to add a bend to either wire portion of the connection.
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 1-13 are rejected under 35 U.S.C. 103 as being unpatentable over Tiboni (EP 3,073,017) in view of Rothfuss (US 2003/0145526).
Regarding claim 1, Tiboni discloses a containment gabion for the containment of inert material (e.g. 1, Fig. 1, claim 1), the containment gabion comprising a hollow body having an internal space configured for containing the inert material (e.g. 1, Fig. 1, claim 1), wherein: said hollow body is identified by a plurality of side walls having a metal mesh structure (e.g. 2 and 3, claim 1, paragraph 0022), the side walls comprising: a support base (e.g. 2, Fig. 1, claim 1) and vertical walls, the vertical walls vertically projecting from the support base (e.g. 3, Fig. 1, claim 1); said support base identifies a ground support plane of said gabion, said support base comprising the metal mesh structure formed by a first order of first horizontal rods parallel to a first side of said containment gabion and by a second order of second horizontal rods orthogonal to said first horizontal rods (e.g. first horizontal rods 2o and second horizontal rods 2v, Fig. 2, paragraph 0025); each vertical wall comprises the metal mesh structure formed by vertical rods and by horizontal rods joined together (e.g. Fig. 1, paragraph 0019); each vertical wall is constrained to said support base at a lower end and to adjacent vertical walls at respective lateral ends (e.g. claim 1), and wherein at least one of the vertical walls extending parallel to said first order of first horizontal rods comprises at least one of the vertical rods which, at the lower end of said vertical wall, comprises a first hook (e.g. 5b, Fig. 2) having: a vertical portion substantially perpendicular to the ground support plane identified by said support base (e.g. 5c, Fig. 2), a first bending portion extended, in continuation of said vertical portion, around a first of the first horizontal rods of said support base (e.g. 5d, Fig. 2), said first of the first horizontal rods being the horizontal rod of said first order of first horizontal rods which is closest to said vertical portion (e.g. 2b, Fig. 2); a first portion extended in continuation of said first bending portion parallel to and below said ground support plane identified by said support base until it surpasses a second horizontal rod of said first order of first horizontal rods of said support base (e.g. 5e, Fig. 2), said second horizontal rod being spaced further from said vertical portion than said first horizontal rod (e.g. 2c, Fig. 2); a second portion having opposite ends and extended in continuation of said first portion with a direction of development inclined with respect to said ground support plane identified by said support base (e.g. 5f, Fig. 2), said second portion extending towards the internal space of said containment gabion until reaching a third horizontal rod of said first order of first horizontal rods of said support base (e.g. 2d, Fig. 2), said third horizontal rod being spaced further from said vertical portion than said second horizontal rod (e.g. Fig. 2); a second bending portion extended in continuation of said second portion to hook said third horizontal rod (e.g. 5g, Fig. 2) and a third portion extended in continuation of said second bending portion and having an incident direction of development with respect to said ground support plane identified by said support base (e.g. 5h, Fig. 2). Tiboni does not disclose that said second portion of said first hook comprises an intermediate portion displaced further towards the internal space of said containment gabion with respect to an ideal straight line passing through said opposite ends of said second portion. Rothfuss teaches a containment gabion for the containment of inert material (e.g. 1, Fig. 49, paragraph 0023), the containment gabion comprising a hollow body having an internal space configured for containing the inert material (e.g. 1, Fig. 49, paragraph 0023), wherein: said hollow body is identified by a plurality of side walls having a metal mesh structure (e.g. 7-11, Fig. 49, paragraph 0023), the side walls comprising: a support base (e.g. 10, Fig. 49, paragraph 0023) and vertical walls, the vertical walls vertically projecting from the support base (e.g. 7-9, Fig. 49, paragraph 0023); said support base identifies a ground support plane of said gabion (e.g. Fig. 49), said support base comprising the metal mesh structure formed by a first order of first horizontal rods parallel to a first side of said containment gabion and by a second order of second horizontal rods orthogonal to said first horizontal rods (e.g. 12 and 13, paragraph 0024); each vertical wall comprises the metal mesh structure formed by vertical rods and by horizontal rods joined together (e.g. 12 and 13, paragraph 0024); each vertical wall is constrained to said support base at its lower end and to adjacent vertical walls at respective lateral ends (e.g. paragraph 0024), and wherein at least one of the vertical walls extending parallel to said first order of first horizontal rods comprises at least one of the vertical rods which, at the lower end of said vertical wall, comprises a connection (e.g. 14, paragraph 0024) having: a portion having opposite ends and extended with a direction of development inclined with respect to said ground support plane identified by said support base (e.g. 19, Fig. 46), wherein said portion comprises a bend such that an intermediate portion is displaced with respect to an ideal straight line passing through said opposite ends of said portion (e.g. 24, Fig. 46, paragraphs 0056-0057 wherein Examiner notes that the bend can be applied to either leg 18 or 19). It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to add a bend as taught by Rothfuss to the second portion of Tiboni (thereby creating an intermediate portion displaced further towards the internal space of said containment gabion with respect to an ideal straight line passing through said opposite ends of said second portion) because a change in the shape of a prior art device is a design consideration within the skill of the art, and the bend would provide the expected benefit of allowing greater expansions or compressions, thereby avoiding stress and breakage of the wire (e.g. Rothfuss, paragraphs 0027 and 0056).
Regarding claim 2, the combination of Tiboni and Rothfuss further discloses that said intermediate portion of said second portion of said first hook comprises two inclined portions converging in a vertex, said vertex being displaced towards the internal space of said containment gabion with respect to said ideal straight line (e.g. Rothfuss, 24, Fig. 46).
Regarding claim 3, the combination of Tiboni and Rothfuss further discloses that said two inclined portions are two straight sections (e.g. Rothfuss, 24, Fig. 46).
Regarding claim 4, the combination of Tiboni and Rothfuss further discloses that said two inclined portions converging in a vertex are inclined by an angle λ between 110° and 170° (e.g. Rothfuss, Fig. 46 wherein Applicant has not defined what element the inclined portions are inclined relative to, therefore the inclined portions are considered inclined relative to an axis 155° from their own axis).
Regarding claim 5, the combination of Tiboni and Rothfuss further discloses that said second portion of said first hook comprises a curvilinear profile section with convexity facing the interior of said containment gabion (e.g. Rothfuss, 24, Fig. 46).
Regarding claim 6, the combination of Tiboni and Rothfuss further discloses that said second portion of said first hook remains substantially contained in the thickness of said support base (e.g. Tiboni, Fig. 2).
Regarding claim 7, the combination of Tiboni and Rothfuss further discloses that said ideal straight line passing through said opposite ends of said second portion is inclined by an angle α and further discloses that the angle is between 10° and 70° (e.g. Tiboni, Fig. 2, paragraph 0041), but the combination of Tiboni and Rothfuss does not explicitly disclose that the angle is between 12° and 70°. It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to contrive any number of desirable ranges for the angle limitation disclosed by Applicant, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. Further, it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. Finally, Applicant has not disclosed that this angle provides an advantage, is used for a particular purpose, or solves a stated problem and the angle range of the combination of Tiboni and Rothfuss is almost identical to the claimed angle range.
Regarding claim 8, the combination of Tiboni and Rothfuss further discloses that said third portion is a straight portion extending from said second bending portion for a section (e.g. Tiboni, Fig. 2), but the combination of Tiboni and Rothfuss does not explicitly disclose that the section is between 18 mm and 50 mm. It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to contrive any number of desirable ranges for the section limitation disclosed by Applicant, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. Further, it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. Finally, Applicant has not disclosed that this section provides an advantage, is used for a particular purpose, or solves a stated problem.
Regarding claim 9, the combination of Tiboni and Rothfuss further discloses that said first portion of said hook is a straight portion (e.g. Tiboni, Fig. 2).
Regarding claim 10, the combination of Tiboni and Rothfuss further discloses that said second horizontal rod is adjacent to said first horizontal rod and/or said third horizontal rod is adjacent to said second horizontal rod (e.g. Tiboni, Fig. 2).
Regarding claim 11, the combination of Tiboni and Rothfuss further discloses that said support base comprises a plurality of sides, and at least one first side of the sides is longer than at least one of the other sides and said first order of first horizontal rods parallel to a first side of said containment gabion is extended parallel to said at least one first side of the support base (e.g. Tiboni, Fig. 1 and paragraph 0031).
Regarding claim 12, the combination of Tiboni and Rothfuss further discloses that each of the opposite vertical walls of said containment gabion extending parallel to said at least one first side of the support base comprises a plurality of said first hooks (e.g. Tiboni, paragraph 0031).
Regarding claim 13, the combination of Tiboni and Rothfuss further discloses a plurality of U-shaped second hooks configured to connect the lower end of at least one of the vertical walls parallel to said second order of second horizontal rods with the horizontal rod of said second order of second horizontal rods which is closest to said at least one of the vertical walls (e.g. Tiboni, 5a, paragraph 0029).
Conclusion
All claims are identical to or patentably indistinct from, or have unity of invention with claims in the application prior to the entry of the submission under 37 CFR 1.114 (that is, restriction (including a lack of unity of invention) would not be proper) and all claims could have been finally rejected on the grounds and art of record in the next Office action if they had been entered in the application prior to entry under 37 CFR 1.114. Accordingly, THIS ACTION IS MADE FINAL even though it is a first action after the filing of a request for continued examination and the submission under 37 CFR 1.114. See MPEP § 706.07(b). 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 STACY N LAWSON whose telephone number is (571)270-7515. The examiner can normally be reached Mon-Fri 9am-3pm.
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, Amber Anderson can be reached at 571-270-5281. 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.
/S.N.L./Examiner, Art Unit 3678
/AMBER R ANDERSON/Supervisory Patent Examiner, Art Unit 3678