DETAILED ACTION
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “tab extending from one said barricade section distal end support member, aligning with a socket at a corresponding location of an adjacent similarly facing said barricade section distal end support member; where said socket is open to the rear of the section giving access to a removable connection bolt; where said removable connection bolt will connect the said socket to the said tab; where said socket has an opening for said tab to the rear of said support member , the outside of said support member, and a partial opening to the front of said support member containing said socket, and has no opening to the inside of the said support member” claimed in claims 5 and 6 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 1-6 are objected to because of the following informalities:
In claim 1 (line 2) “of two sections…lower and an upper” should recite –two sections… lower section and un upper section--.
In claim 1 (line 4) “that share” should recite –wherein the upper and lower sections share--.
In claim 1 (line 4) “support members” should recite –vertical support members--.
In claim 1 (line 6) “with a plurality… both the front” should recite –a plurality… both front--.
In claim 1 (line 8) “having… from bottom” should recite –the upper and lower sections having… from a bottom--.
In claim 1 (line 9) “the top” should recite –a top--.
In claim 1 (line 10) “where said barricade can be interconnected to” should recite –where said upper and lower sections can be interconnected to other barrier sections to--.
In claim 2 (line 1) “that common” should recite –wherein the common--.
In claim 2 (line 2) “W shape: ” should recite –W cross-sectional shape; --.
In claim 2 (line 3) “said bottom rail” should recite –said lower rail--.
In claim 2 (line 6) “said upper rail” should recite –said top rail--.
In claim 2 (line 8) “with interconnecting” should recite –interconnecting--.
In claim 3 (line 1) “in claim 1” should recite –in claim 2--.
In claim 3 (line 3) “said bottom rail” should recite –said lower rail--.
In claim 3 (line 7) “the middle” should recite –a middle--.
In claim 3 (line 8) “said bottom rail” should recite –said lower rail--.
In claim 4 (line 1) “that comprises” should recite –wherein the barricade comprises--.
In claims 5 and 6 (line 1) “that comprise of connection” should recite –wherein the barricade comprises connection--.
In claims 5 and 6 (line 3) “backward: ” should recite –backward; --.
In claims 5 and 6 (line 4) ”align” should recite –aligns--.
In claims 5 and 6 (line 5) “the corresponding location of the” should recite –a corresponding location of an--.
In claims 5 and 6 (line 6) “member: ” should recite –member; --.
For the purpose of examining the application, it is assumed that appropriate correction has been made.
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 5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Soulsby (GB 2 471 063).
As to claim 1, Soulsby discloses a barricade comprising:
two sections 4 identified as a lower section and an upper section;
where said upper section sets on said lower section;
wherein the upper and lower sections share a common supportive structure comprised a plurality of vertical support members 13 in-between a lower rail 8 and a top rail 6;
a plurality of offset contact points 14 to both a front and rear of said barricade, that can be connected to a surface;
the upper and lower sections having a descending width of said common supportive structure from a bottom of said lower section, through said common supportive structure to the top of said upper section (V-shaped shoulders 18, which extend between the top and bottom of the upper and lower sections 4, define a descending width of the each section; Figure 3);
where said upper and lower sections can be interconnected to other barricade sections to increase length of the overall said barricade length (Figures 1-12).
As to claim 2, Soulsby discloses a barricade wherein the common support structure is achieved in said lower section 4 with a descending modified upside-down W cross-sectional shape;
where the said lower rail 8 of said lower section is shaped in a modified upside-down W looking at it from the top down;
the top rail 6 of said lower section is shaped in said modified upside-down W looking at it from the top down, with said top rail having a reduction in width creating a rearward angle of said support members in-between said lower and top rails of the lower section;
interconnecting points of said modified upside-down W on said lower rail that create said offset contact points 14 to the front and rear of said barricade having rearward facing tabs to secure said barricade to the ground (Figures 1-12).
As to claim 5, Soulsby discloses a barricade wherein the barricade comprises connection points 26,28 between said sections 4 that are adjacent to one another for the increase in the length of the overall said barricade that allow for each said section to move independently forward and backward;
where a tab 26 extends from one said barricade section distal end support member 13, aligns with a socket 28 at a corresponding location of an adjacent similarly facing said barricade section distal end support member;
where said socket is open to the rear of the section giving access to a removable connection bolt 40;
where said removable connection bolt will connect the said socket to the said tab;
where said socket has an opening for said tab to the rear of said support member, the outside of said support member, and a partial opening to the front of said support member containing said socket, and has no opening to the inside of the said support member (Figures 1-12).
Allowable Subject Matter
Claims 3, 4 and 6 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
As to claim 3, Soulsby discloses the claimed barricade with the exception of where the common support structure is achieved in said upper section with said descending modified upside-down W shape; where said lower rail of the upper section is shaped in said modified upside-down W looking at it from the top, meeting the same dimensions as said top rail of the lower section; where said top rail of the upper section is shaped in a modified V where said vertical support members are provided at either end and a middle of said upper section creating a rearward angle of said support members from said lower rail of the upper section to said top rail of said upper section.
There is no teaching or suggestion, absent the applicant’s own disclosure, for one having ordinary skill in the art before the effective filing date of the claimed invention to modify the barricade disclosed by Soulsby to have the above mentioned elemental features. Furthermore, such modifications would not be obvious.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL P FERGUSON whose telephone number is (571)272-7081. The examiner can normally be reached M-F (10:00 am-7:00 pm EST).
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, Anna Momper can be reached at (571)270-5788. 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.
01/07/26
/MICHAEL P FERGUSON/Primary Examiner, Art Unit 3619