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 .
Status of the Claims
Claims 1-5 are pending in the application.
Drawings
The drawings are objected to for the following informalities:
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “14” has been used to designate both the “bottom rail 14” and the “rectangular opening 14”.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description:
“metal fence 20” (see page 3, 1st paragraph, of the original disclosure).
“metal fence 30” (see page 3, 2nd paragraph, of the original disclosure).
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. 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 1-5 are objected to because of the following informalities: Appropriate correction is required.
Re Claim 1: Claim 1 should be amended as follows:
--1) A metal fence, comprising:
A) at least two metal posts,
B) at least one footing wherein said at least two metal posts are rigidly inserted into said footing, and
C) at least one hollow metal board connected between said at least two metal posts.--
Re Claim 2: Claim 2 should be amended as follows:
--2) The metal fence as in Claim 1, wherein said at least one footing is a concrete footing.--
Re Claim 3: Claim 3 should be amended as follows:
--3) The metal fence as in Claim 1, wherein said at least one hollow metal board is a plurality of extruded hollow metal boards wherein each hollow metal board is filled with acoustical insulation.--
Re Claim 4: Claim 4 should be amended as follows:
--4) The metal fence as in Claim 1, further comprising:
A) a metal top rail slidingly connected between said at least two metal posts, and
B) a metal bottom rail slidingly connected between said at least two metal posts,
wherein said at least one metal board is slidingly and vertically connected between said at least two metal posts and said top rail and said bottom rail.--
Re Claim 5: Claim 5 should be amended as follows:
--5) The metal fence as in Claim 1, further comprising:
A) a metal top rail slidingly connected between said at least two metal posts,
B) a metal bottom rail slidingly connected between said at least two metal posts,
C) two metal vertical channels each adjacent to one of said at least two posts and each slidingly connected between said top rail and said bottom rail,
wherein said at least one metal board is slidingly and horizontally connected between said two vertical channels and said top rail and said bottom rail.--
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 1-4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by McKeown (US Patent 4,838,524).
Re Claim 1: McKeown discloses a metal fence (10), comprising:
at least two metal posts (16),
footing (“Posts 16 will be anchored in the ground by embedment thereinto or into concrete footers (not shown).”; see Col. 4, lines 9-11) wherein said at least two metal posts (16) are rigidly inserted into said footing, and
at least one hollow metal board (12/12’/12A/12B; see Figs. 1, 2, and 9; note that front and rear sheets 20 and 22 of panels 12 are formed of metal; “Front sheet 20 and rear sheet 22 may each comprise a unitary metallic sheet”; see Col. 4, lines 37-38) connected between said at least two metal posts.
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Re Claim 2: McKeown discloses a metal fence (10) wherein said footing is concrete footing (“Posts 16 will be anchored in the ground by embedment thereinto or into concrete footers (not shown).”; see Col. 4, lines 9-11).
Re Claim 3: McKeown discloses a metal fence (10) wherein said at least one hollow metal board (12/12’/12A/12B) is a plurality of extruded hollow metal boards wherein each hollow metal board is filled with acoustical insulation (noise absorbing material 50, 54; see Figs. 3-7).
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Re Claim 4: McKeown discloses a metal fence (10; see, for example, the embodiment of Fig. 9), further comprising:
a metal top rail (60) slidingly connected between said two metal posts (16), and
a metal bottom rail (62) slidingly connected between said two metal posts (16),
wherein said metal boards (12B) are slidingly and vertically connected between said two metal posts (16) and said top rail (60) and said bottom rail (62.
Claims 1-2 and 5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Amsellem (US Patent Application Publication 2023/0340800).
Re Claim 1: Amsellem discloses a metal fence (2; Fig. 1), comprising:
at least two metal posts (20, 21, 32; see Figs. 2, 3, and 5; the posts comprising base post 10 in combination with tubular member 40; see Fig 2),
footing (concrete poured in a hole; see parag. [0039]) wherein said at least two metal posts (at base posts 10) are rigidly inserted into said footing, and
at least one hollow (see the cross-section of Fig. 3) metal board (slats 100) connected between said at least two metal posts.
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Re Claim 2: Amsellem discloses a metal fence wherein said footing is concrete footing (concrete poured in a hole; see parag. [0039]).
Re Claim 5: Amsellem discloses a metal fence further comprising:
a metal top rail (uppermost slat 100; see, for example, Fig. 5) slidingly connected between said two metal posts (20, 21),
a metal bottom rail (lowermost slat 100; see, for example, Fig. 5) slidingly connected between said two metal posts (20, 21),
two metal vertical channels (158; Fig. 2) each adjacent to one of said two posts and each sliding connected between said top rail and said bottom rail,
wherein said metal boards (the remaining slats 100) are slidingly and horizontally connected between said two vertical channels and said top rail and said bottom rail.
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.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over McKeown (US Patent 4,838,524), as applied to claims 1-4 above, and further in view of Amsellem (US Patent Application Publication 2023/0340800).
Re Claim 5: McKeown discloses a metal fence (10; see, for example, the embodiment of Fig. 2), further comprising:
a metal top rail (for example, the uppermost panel 12’) slidingly connected between said two metal posts (16),
a metal bottom rail (19) slidingly connected between said two metal posts (16),
wherein said metal boards (12’) are slidingly and horizontally connected between said top rail and said bottom rail.
McKeown fails to explicitly disclose further comprising C) two metal vertical channels each adjacent to one of said two posts and each sliding connected between said top rail and said bottom rail, wherein said metal boards are slidingly and horizontally connected between said two vertical channels and said top rail and said bottom rail.
Amsellem teaches the use of a metal fence (2; Fig. 1), comprising at least two metal posts (20, 21, 32; see Figs. 2, 3, and 5; the posts comprising base post 10 in combination with tubular member 40; see Fig 2), a footing (concrete poured in a hole; see parag. [0039]) wherein said at least two metal posts (at base posts 10) are rigidly inserted into said footing, and at least one hollow (see the cross-section of Fig. 3) metal board (slats 100) connected between said at least two metal posts; and further comprising a metal top rail (uppermost slat 100; see, for example, Fig. 5) slidingly connected between said two metal posts (20, 21), a metal bottom rail (lowermost slat 100; see, for example, Fig. 5) slidingly connected between said two metal posts (20, 21), and further comprising two metal vertical channels (158; Fig. 2) each adjacent to one of said two posts and each sliding connected between said top rail and said bottom rail, wherein said metal boards (the remaining slats 100) are slidingly and horizontally connected between said two vertical channels and said top rail and said bottom rail, for the purpose of holding the boards in position between the posts.
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 device of McKeown, with a reasonable expectation of success, such that it further comprises two metal vertical channels each adjacent to one of said two posts and each sliding connected between said top rail and said bottom rail, wherein said metal boards are slidingly and horizontally connected between said two vertical channels and said top rail and said bottom rail, as taught Amsellem, for the purpose of holding the boards in position between the posts.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW R MCMAHON whose telephone number is (571)270-3067. The examiner can normally be reached Mon-Fri 9am-5pm.
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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.
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/MATTHEW R MCMAHON/Primary Examiner, Art Unit 3678