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 . In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Response to Arguments
Applicant's request for reconsideration of the finality of the rejection of the last Office action is persuasive and, therefore, the finality of that action is withdrawn.
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.
Claim(s) 1, 2, 4, 12, 17, 19, 50, 57, 58 is/are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Glaesener US 4,290,585. Glaesener discloses a barrier comprising a plurality of upright bodies (1), arranged in a plurality of rows according to height Fig. 3.
Wherein the upright bodies are hingedly connected to one another, via chain and eye sockets (6, 25). Col. 4, ln.50-Col. 5, ln. 37.
With respect to claim 50 it would have been obvious if not inherent the barrier assembly of Glaesener would deflect no more than 2.2m in order to avoid hitting an oncoming vehicle or running off the road.
Claim(s) 1-4, 11, 17-19, 33, 34, 37, 50, 57, 58 is/are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Kulp et al. US 7,866,913. Kulp et al. disclose a water ballasted barrier assembly comprising: At least 3 hingedly connected hollow barriers (110) each having an inclined top surface and being of different heights fig. 31; Col. 4, ln. 3, Col. 5, ln. 24-Col. 6, ln. 65
With respect to claims 11, 17-19, the limitations are shown in fig. 31.
With respect to claims 33, 34 Kulp et al. discloses the barriers (110) can be filled with water for ballast.
With respect to claims 37 Kulp et al. discloses the barriers are configured to be moved by a transfer vehicle such as a fork lift.
With respect to claim 50 it would have been obvious if not inherent the barrier assembly of Glaesener would deflect no more than 2.2m in order to avoid hitting an oncoming vehicle or running off the road. Col. 2 lns. 14-44.
With respect to claims 57, 58 Kulp et al. discloses the barriers are configured to be crushed by an impacting vehicle and attenuate some of the impact energy.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 38-39 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kulp et al. US 7,866,913 in view of Booth et al. US 4,474,503. disclose a water ballasted barrier assembly comprising: At least 3 hingedly connected hollow barriers (110) each having an inclined top surface and being of different heights fig. 31; Col. 4, ln. 3, Col. 5, ln. 24-Col. 6, ln. 65. What Kulp et al. do not disclose is a “conveyor engaging part” configured to engage a conveyor mechanism of a different type of transfer vehicle.
However Booth teaches a road barrier transfer vehicle (60) configured with an overriding trolley (54), to engage an overhang (20) disposed near a top of the barrier, in order to lift and move a chain of pivotally connected road barriers (18). See Figs. 7, 8; Col. 2, lns. 1-29. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the inclined overhanging flange (44) of Kulp et al.’s barrier (110) as an engagement means with a transfer vehicle in order to facilitate repositioning the barrier assembly.
Claim(s) 40-45 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kulp et al. US 7,866,913 in view of Krivoy US 6,984,088. Kulp et al. disclose a water ballasted barrier assembly comprising: At least 3 hingedly connected hollow barriers
(110) each having an inclined top surface and being of different heights. And a pair of hinge assemblies disposed at opposing ends of the barrier, the hinge assemblies being vertically spaced apart and comprise openings (118) configured to receive a fastener (126). fig. 31; Col. 4, ln. 3, Col. 5, ln. 24-Col. 6, ln. 65. What Kulp et al. do not disclose is adjusting the height of the barriers. However, Krivoy teaches a pivoting barrier transporter and positioner (50) comprising:
A 1st part (62) vertically telescopically received in a 2nd part (60) such that one end of the barrier can be raised or lowered. See Figs. 1, 3; Col. 9, ln. 4-66. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the barrier assembly of Kulp et al. with a barrier lifting and positioning device taught b Krivoy in order to facilitate proper placement of the barrier.
Conclusion
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAYMOND W ADDIE whose telephone number is (571)272-6986. The examiner can normally be reached on m-f 7:30-12:30, then 6-9pm.
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, Chris Sebesta can be reached on 571-272-0547. The fax phone number for the organization where this application or
proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you need help from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/RAYMOND W ADDIE/Primary Examiner, Art Unit 3671 9/1/2026
Prosecution Insights