DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This Office Action is in response to the claims filed on 04/29/2026.
Claims 1, 5, 15, 19, and 21-36 are currently pending and have been examined below. Claims 2-4, 6-14, 16-18, and 20 are cancelled.
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, 21, and 23-26); (5 and 27-32); and (15, 19, 22, and 33-36) are rejected under 35 U.S.C. 103 as being unpatentable over Mulgrew (US 20080179581) in view of Helmbold (FR 2593851).
Note that the dependent claims were written with respect to their dependency.
Claim 1
(Mulgrew discloses) A barrier gate (120; figures 37-46), comprising:
a hollow stanchion (113) defining a first length (vertical length of 113) along a longest dimension of the stanchion, one end of the stanchion at an end of the first length being open (figure 38);
an arm (114) rotatably connected to the stanchion (via the rotation of the connecting screws 149 through the pocket 134; see similar assembly in figure 44);
a brace (126), the brace defining a second length (length of 126 in figure 38) along a longest dimension of the brace and defining a brace profile perpendicular to the second length (profile of 126 in figure 38);
the brace being configured for attachment both to the stanchion and to the arm (figure 37) to fix rotation of the stanchion relative to the arm (intended use; ‘fix’ was interpreted as --make stable or firm--); and
the open end configured such that the brace may be received within the stanchion by inserting the brace through the open end only when the brace is not fixedly attached to the stanchion and to the arm (figures 38 and 41 showing the brace received within the stanchion when the brace is not attached to the stanchion and arm in the assembled configuration in figure 37).
Mulgrew shows a direct attachment of the brace to the arm but is silent regarding the brace being configured for direct attachment to the stanchion.
(However, Helmbold teaches) a brace (21; Helmbold figure 4) being configured for direct attachment both to a stanchion (19) and to an arm (25).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the assembly of Mulgrew such that the brace directly attaches to the stanchion and arm as taught by Helmbold, with a reasonable expectation of success, for additional support contacts of the brace to the stanchion and the arm therefore significantly improving the structural integrity of the barrier gate.
Claim 21
(Mulgrew, as modified above, discloses) The barrier gate of Claim 1, in which the brace is attachable to the arm without a threaded fastener (figure 37).
Claim 23
(Mulgrew, as modified above, discloses) The barrier gate of Claim 1, in which the stanchion, the arm, and the brace are rectilinear (figure 37).
Claim 24
(Mulgrew, as modified above, discloses) The barrier gate of Claim 1, further including a wedge plate (131) attached to the arm, and the brace connects to the arm at the wedge plate (figure 37).
Claim 25
(Mulgrew, as modified above, discloses) The barrier gate of Claim 1, in which the stanchion carries a hinge plate (138) that is located outboard of the stanchion and opposite the arm (figure 37).
Claim 26
(Mulgrew, as modified above, discloses) The barrier gate of Claim 1, in which the brace carries a connection plate (one of the plate faces of 126 in the perspective view in figure 38) and the brace profile includes the connection plate (figure 38).
Claim 5
(Mulgrew discloses) A barrier gate (120; figures 37-46), comprising:
a hollow stanchion (113) defining a length (vertical length of 113) along a longest dimension of the stanchion, the length having a first end (top end) and an opposing second end (bottom end), the second end being open (figure 38);
an arm (114) rotatably connected to the stanchion (via the rotation of the connecting screws 149 through the pocket 134; see similar assembly in figure 44);
a brace (126), the brace having opposed third and fourth ends (respective oblique ends of 126) and defining a brace profile (profile of 126 in figure 38) predetermined to be receivable within the hollow stanchion through the second end (figure 41), such that the brace may be removably positioned within the stanchion only by passing the third end through the second end and moving the third end along the length to proximate the first end (figure 41 showing the brace removably positioned within the stanchion);
the brace attachable to the stanchion at an angle to the stanchion (figure 37); and
the brace is attachable directly to the arm without the use of a threaded fastener (figures 37-38 showing 126 touching 114 without any fastener), to fix rotation of the arm relative to the stanchion (intended use; ‘fix’ was interpreted as --make stable or firm--).
Mulgrew is silent regarding the brace attachable directly to the stanchion at an angle to the stanchion.
(However, Helmbold teaches) a brace (21; Helmbold figure 4) attachable directly to a stanchion (19) at an angle to the stanchion (Helmbold figures 1 and 4).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the assembly of Mulgrew such that the brace directly attaches to the stanchion as taught by Helmbold, with a reasonable expectation of success, for additional support contacts of the brace to the stanchion and the arm therefore significantly improving the structural integrity of the barrier gate.
Claim 27
(Mulgrew discloses) The barrier gate of Claim 5, in which attaching the brace to the stanchion and to the arm fixes the rotation of the stanchion perpendicular to the arm (attachment of the brace to both the arm and stanchion provides structure to stabilize a downward rotation the arm towards the stanchion).
Claim 28
(Mulgrew discloses) The barrier gate of Claim 5, further including a brace bracket (Annotated figure 38 below).
Mulgrew fails to disclose in which the brace bracket is attached to the arm and the brace connects to the arm by interfitting within the brace bracket.
(However, Mulgrew teaches) connecting braces (121-125) to an arm (115) by interfitting within a brace bracket (Annotated figure 38 below).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to connect the brace (126) of Mulgrew to the arm similar to how the braces 121-125 are fitted within the arm 115 as taught by Mulgrew, with a reasonable expectation of success, for improving the secured and stable installation between the brace and the arm.
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Annotated figure 38
Claim 29
(Mulgrew discloses) The barrier gate of Claim 5, in which the brace includes a connection plate (134), the connection plate is sized to removably reside within the stanchion (figure 37), and the connection plate being configured to be attached to the stanchion (figure 37).
Claim 30
(Mulgrew discloses) The barrier gate of Claim 5, in which the arm carries an extension (125) that telescopically slides relative to the arm (figure 41).
Claim 31
(Mulgrew discloses) The barrier gate of Claim 5, in which the barrier gate further includes an extension (125) residing within the arm that telescopically extends relative to the arm (figure 41).
Claim 32
(Mulgrew discloses) The barrier gate of Claim 5, in which the brace includes a wedge plate (Annotated figure 38 above) at one end and the arm carries a brace bracket (Annotated figure 38 above), the wedge plate being configured to interfit with the brace bracket (intended use; the wedge plate can be configured to interfit with the brace bracket similar to the interfit connection of 121-125 to 114).
Claim 15
(Mulgrew discloses) A barrier gate (120; figures 37-46), comprising:
a stanchion (113), the stanchion having a first end and a second end (Annotated figure 37 below) and defining an interior hollow (figures 38 and 41 showing the hollow interior of 113), the first end being open (figure 38);
an arm (114) with third and fourth ends (Annotated figure 37 below), the third end attached to the stanchion (figure 37);
a beam (125; figure 41) that extends telescopically from the arm;
a brace (126), the brace having a fifth end and a sixth end (Annotated figure 37 below) and defining a brace profile that is smaller than the interior hollow (figure 41);
wherein the barrier gate defines two states:
a compact transport state (compact state in figure 41) in which the first and second ends of the stanchion reside proximate to the arm (figure 41), and the brace resides within the interior hollow of the stanchion through the first end and unattached to the arm and the stanchion (figure 41); and a deployed state in which one of the first end and second end is disposed distal to the arm (figure 37), the fifth end is attached to the stanchion, and the sixth end abuts against and is attached to the arm (figure 37).
Mulgrew is silent regarding the fifth end abuts against and is attached to the stanchion.
(However, Helmbold teaches) a fifth end of a brace (end of 21 attached 19) abuts against and is attached to a stanchion (19).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the assembly of Mulgrew such that the brace abuts the stanchion as taught by Helmbold, with a reasonable expectation of success, for additional support contacts of the brace to the stanchion and the arm therefore significantly improving the structural integrity of the barrier gate.
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Annotated figure 37
Claim 19
(Mulgrew discloses) The barrier gate of Claim 15, in which the beam extends telescopically from within the arm (figure 41).
Claim 22
(Mulgrew discloses) The barrier gate of Claim 15, in which the second end is rotatably connected to the third end (via the rotation of the screws 149 in figure 44).
Claim 33
(Mulgrew discloses) The barrier gate of Claim 15, in which the attachment of the sixth end to the arm in the deployed state is devoid of a threaded fastener (figure 37).
Claim 34
(Mulgrew discloses) The barrier gate of Claim 15, in which the third end is hingeably attached to the stanchion (via the pivoting if only one screw 149 is attaching the third end to the stanchion; note that ‘hingeably’ was interpreted based off its root word of ‘hinge’ as --to attach by or as if by a hinge or hinges-- and --A jointed or flexible device that allows the turning or pivoting of a part, such as a door or lid, on a stationary frame--).
Claim 35
(Mulgrew discloses) The barrier gate of Claim 15, in which the stanchion, the arm, and the brace are rectilinear (figure 37).
Claim 36
(Mulgrew discloses) The barrier gate of Claim 15, in which the stanchion defines a constant first cross-section along a length of the stanchion (cross-section of 113 shown in figure 41) and the arm defines a constant second cross-section along a length of the arm (cross-section of 114 shown in figure 41), the first and second cross-sections being identical (identical in the number of sides; figure 41).
Response to Arguments
Applicant’s amendments directed to the claim objections have been considered.
Applicant's arguments filed on 04/29/2026 have been considered but are not persuasive.
Applicant’s arguments are based from the amendments regarding the direct attachment of the brace to the stanchion and the arm. Examiner notes that Mulgrew teaches its brace to directly attach to the arm therefore the argument regarding the direct attachment of the brace to the arm was found unpersuasive. Also, this feature is reasonably taught by the secondary reference therefore the combination of the two references meets the claim limitations such that none of these features place the application in condition for allowance.
Conclusion
THIS ACTION IS MADE FINAL. 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 PATRICK B PONCIANO whose telephone number is (571)272-9910. The examiner can normally be reached M-F 6:30-4:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Daniel Cahn can be reached at (571) 270-5616. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PATRICK B. PONCIANO/Examiner, Art Unit 3634
/DANIEL P CAHN/Supervisory Patent Examiner, Art Unit 3634
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