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 .
Election/Restrictions
Claims 4-14 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on April 7, 2026.
Claim Rejections - 35 USC § 102
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.
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, 15, 17 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jones (3,513,606).
Jones discloses:
Claim 1: A temporary perimeter containment assembly comprising:
a main frame having a central section (Fig. 21; 42 center), the central section comprising central posts (Fig. 21; 2 left and right) which are generally parallel and spaced apart from each other (Fig. 21; 2 left and right are depicted as spaced apart), each post being adjustable in height (Fig. 21; via 21) to allow the post to extend fully between a floor surface and a ceiling of a building floor (Fig. 21; Col. 4, Lines 35-41),
bars or gates (Fig. 21; 36 upper and lower) extending between the central posts,
wherein each central post in cross-section is generally rectangular (Fig. 1; 2, Col. 3, Lines 37-40), including opposing first side faces and opposing second side faces (Fig. 1; see detail), wherein each of the first and second faces comprises a continuous channel (Fig. 1; 3) extending the length of the post between lower and upper ends thereof (Fig. 1; 3, Col. 3, Lines 37-40).
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Claim 2: The assembly of claim 1 wherein the central posts each comprises a support screw jack (Fig. 1; 17) at a lower end thereof, and a spring-loaded header plate (Fig. 1; 21) at an upper end thereof for engaging the ceiling (Fig. 21; Col. 4, Lines 35-41).
Claim 15: The assembly of claim 1 further comprising a support section (Fig. 21; 42 right) to extend to a live side edge from the central section, the support section comprising vertical end posts (Fig. 21; 2 positioned on the outer edge of 42 right, Col. 5, Lines 13-20) and horizontal support beams (Fig. 21; 36 upper, positioned on the outer edge of 42 right, Col. 5, Lines 13-20) extending between the end posts and the central posts (Col. 5, Lines 13-20), and gates or bars extending between the end posts (Fig. 21; 36 lower, positioned on the outer edge of 42 right, Col. 5, Lines 13-20), wherein the horizontal support beams are connected to a channel of the second side face (Col. 5, Lines 13-20).
Claim 17: The assembly of claim 1 further comprising an extension section (Fig. 21; 42 right) to extend to a work side from the central section (Fig. 21; 42 center), the extension section comprising proximal posts (Fig. 21; 2 positioned on the outer edge of 42 right, Col. 5, Lines 13-20) and horizontal support beams (Fig. 21; 36 upper, positioned on the outer edge of 42 right, Col. 5, Lines 13-20) extending between the proximal posts and the central posts, and gates or bars extending between the proximal posts (Fig. 21; 36 lower, positioned on the outer edge of 42 right, Col. 5, Lines 13-20).
Claim 20: The assembly of claim 17 further comprising a plant stopper bunt (Fig. 21; 18) extending between the proximal posts at the floor surface (Fig. 21; 18 are shown extending between 2 at the floor surface).
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 3 is rejected under 35 U.S.C. 103 as being unpatentable over Jones (3,513,606) in view of Hohmann et al. (2019/0226220) hereinafter Hohmann.
Claim 3: Jones discloses the assembly of claim 2 wherein the header plate is mounted via a spring (Fig. 1; 27) located internally within the post but fails to disclose a pivoting tab indicator to show when the plate has sufficiently engaged the ceiling.
However, Hohmann discloses a pivoting tab (Fig. 15; 52, Para. [0171]).
Therefore, 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 Jones to include the pivoting tab, as taught by Hohmann, with a reasonable expectation of success because it would provide a visual signal to a user that the assembly is in the fully extended position (Para. [0171]).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Jones (3,513,606) in view of D’Alessio et al. (4,481,748) hereinafter D’Alessio.
Claim 16: Jones discloses the assembly of claim 15 but fails to disclose further comprising half-ring brackets mounted to a channel of the second side face, the half-ring brackets having angularly spaced apertures for selectable angular attachment of the horizontal support beam thereto.
However, D’Alessio discloses half-ring brackets (Fig. 11; 21) having angularly spaced apertures (Fig. 11; 25-27) for selectable angular attachment.
Therefore, 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 Jones to include the brackets, as taught by D’Alessio, with a reasonable expectation of success because it would allow a variety of assembly configurations to be achieved.
Claims 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Jones (3,513,606) in view of Melic (2017/0096824).
Claim 18: Jones discloses the assembly of claim 15 but fails to disclose further including a hinged pivotable kickplate to extend between the lower portions of the end posts.
However, Melic discloses a hinged pivotable kickplate (Fig. 2b; 12, Para. [0080 & 0082]).
Therefore, 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 Jones to include the kickplate, as taught by Melic, with a reasonable expectation of success because it would prevent items from rolling under the panels.
Claim 19: Melic discloses the assembly of claim 18 wherein the kickplate is pivotable downwardly to allow the kickplate to lay flat on the floor surface (Fig. 2b; 12, Para. [0080 & 0082]).
Conclusion
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/Kathleen M. McFarland/Examiner, Art Unit 3635
Kathleen M. McFarland
Examiner
Art Unit 3635
/BRIAN D MATTEI/Supervisory Patent Examiner, Art Unit 3635
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