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 arguments filed 4/02/2026, with respect to the rejection(s) of claim(s) 1-4, 11-12, 17-19, 33-34, 37-45, 50, 57-58 under 35 USC 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of CA 3178902 (Seguin et al.).
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-4, 17-18, 33-34, 37-45, 57-58 is/are rejected under 35 U.S.C. 102(a)(2) as
being anticipated by CA 3178902 (Seguin et al.).
Seguin et al. disclose a concrete barrier assembly (10) comprising a plurality of barrier segments (121-12n). Wherein the assembly (10) includes barrier segments (1212-12N) having a relatively short height, a plurality of barrier segments (127-1211) having an inclined upper surface (161), and a further plurality of relatively tall barrier segments (121-127) all pivotably connected in series. See Figs. 37, 64A, 78.
Wherein each barrier segment (121-12n) can be relocated by a vehicle (20) by lifting each barrier segment by engaging an overhang portion (33). Wherein some of the barrier segments are height adjustable. See Figs. 75-76B, 83-85C.
Wherein the barrier segments (12x) can be hollow and contain a ballast material (103) to adjust the weight of the barrier segment and provide crash cushioning during a vehicular impact. See Figs. 81-82.
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) 19, 50 is/are rejected under 35 U.S.C. 103 as being unpatentable over CA 3178902 (Seguin et al.) Although Seguin et al. do not disclose the height ratio between adjacent barrier modules Seguin et al. disclose the barrier segments are individually adjustable in height via threaded screws. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the height ratio between adjacent barrier segments about 1: 1.1 as a matter of design choice. Further, it would have been obvious to prevent the barrier assembly from deflecting more than 2.2m in order to prevent endangering vehicles moving in the opposite direction.
Applicant's submission of an information disclosure statement under 37 CFR 1.97(c) with the timing fee set forth in 37 CFR 1.17(p) on 4/02/2026 prompted the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 609.04(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.
Conclusion
6. 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 6/12/2026
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