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 .
Acknowledgment is made of the amendment filed June 9, 2026. The application has been updated accordingly.
Drawings
The drawings were received on June 9, 2026. These drawings are acceptable.
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 27-28, 31-32 and 36-38 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rene (FR 2699208).
Rene discloses:
Claim 28: A collapsible guardrail (Fig. 2), comprising:
a base (Fig. 2; 1) comprising a base left-end region (Fig. 2; see detail) and a base right-end region (Fig. 2; see detail) opposite the base left-end region (Fig. 2; see detail);
a mid rail (Fig. 2; 10) positioned above the base (Fig. 2; 10 is above 1), wherein the mid rail comprises a mid-rail left-end region (Fig. 2; see detail) and a mid-rail right-end region opposite the mid-rail left-end region (Fig. 2; see detail), and wherein the mid-rail left-end region (Fig. 2; see detail) is positioned above the base left-end region and the mid-rail right-end region is positioned above the base right-end region (Fig. 2; see detail);
a top rail (Fig. 2; 2) positioned above and parallel to the mid rail (Fig. 2; 2 is positioned above and parallel to 10), wherein the top rail comprise a top-rail left-end region (Fig. 2; see detail) and a top-rail right-end region (Fig. 2; see detail) opposite the top-rail left-end region, and wherein the top-rail left-end region is positioned above the mid-rail left-end region (Fig. 2; see detail) and the top-rail right-end region is positioned above the mid-rail right-end region (Fig. 2; see detail);
a lower left-side leg (Fig. 2; see detail) comprising a lower-left-side-leg lower-end region (Fig. 2; end nearest 4 on the left side) and a lower-left-side-leg upper-end region (Fig. 2; end nearest 7 on the left side) opposite the lower-left-side-leg lower-end region, wherein the lower-left-side-leg lower-end region is pivotally coupled to the base left-end region (Fig. 1-3; depict the pivotal movement relative to 1), and wherein the lower-left-side-leg upper-end region is pivotally and translationally coupled to the mid rail (Fig. 1-3; depict the pivotal and transitional relationship relative to 10);
an upper left-side leg (Fig. 2; see detail) positioned above the lower left-side leg (Fig. 2; see detail) and comprising an upper-left-side-leg upper-end region (Fig. 2; end nearest 5 on the left side) and an upper-left-side-leg lower-end region (Fig. 2; end nearest 7 on the left side) opposite the upper-left-side-leg upper-end region, wherein the upper-left-side-leg upper-end region is pivotally coupled to the top-rail left-end region (Fig. 1-3; depict the pivotal movement relative to 2), and wherein the upper-left-side-leg lower-end region is pivotally and translationally coupled to the mid rail (Fig. 1-3; depict the pivotal and transitional relationship relative to 10);
a lower right-side leg (Fig. 2; see detail) comprising a lower-right-side-leg lower-end region (Fig. 2; end nearest 4’ on the right side) and a lower-right-side-leg upper-end region (Fig. 2; end nearest 8’ on the right side) opposite the lower-right-side-leg lower-end region, wherein the lower-right-side-leg lower-end region is pivotally coupled to the base right-end region (Fig. 1-3; depict the pivotal movement relative to 1), and wherein the lower-right-side-leg upper-end region is pivotally and translationally coupled to the mid rail (Fig. 1-3; depict the pivotal and transitional relationship relative to 10); and
an upper right-side leg (Fig. 2; see detail) positioned above the lower right-side leg (Fig. 2; see detail) and comprising an upper-right-side-leg upper-end region (Fig. 2; end nearest 5’ on the right side) and an upper-right-side-leg lower-end region (Fig. 2; end nearest 8’ on the right side) opposite the upper-right-side-leg upper-end region, wherein the upper-right-side-leg upper-end region is pivotally coupled to the top-rail right-end region (Fig. 1-3; depict the pivotal movement relative to 2), and wherein the upper-right-side-leg lower-end region is pivotally and translationally coupled to the mid rail (Fig. 1-3; depict the pivotal and transitional relationship relative to 10);
wherein the collapsible guardrail has a deployed configuration (Fig. 3), in which the lower-left-side-leg upper-end region and the upper-left-side-leg lower-end region are adjacent the mid-rail left-end region (Fig. 3), and in which the lower-right-side-leg upper-end region and the upper-right-side-leg lower-end region are adjacent the mid-rail right-end region (Fig. 3);
wherein the collapsible guardrail has a collapsed configuration (Fig. 1), in which the lower-left-side-leg upper-end region and the upper-left-side-leg lower-end region are spaced-away from the mid-rail left-end region toward the mid-rail right-end region (Fig. 1-3; the left side legs are depicted this way going from deployed to collapsed), and in which the lower-right-side-leg upper-end region and the upper-right-side-leg lower-end region are spaced-away from the mid-rail right-end region toward the mid-rail left-end region (Fig. 1-3; the right side legs are depicted this way going from deployed to collapsed); and
wherein when the collapsible guardrail is in the deployed configuration:
the lower-left-side-leg upper-end region is laterally left of the lower-left-side-leg lower- end region (Fig. 2; see detail);
the upper-left-side-leg lower-end region is laterally left of the upper-left-side-leg upper- end region (Fig. 2; see detail);
the lower-right-side-leg upper-end region is laterally right of the lower-right-side-leg lower-end region (Fig. 2; see detail); and
the upper-right-side-leg lower-end region is laterally right of the upper-right-side-leg upper-end region (Fig. 2; see detail).
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Claim 29: A collapsible guardrail, comprising:
a base (Fig. 2; 1) comprising a base left-end region (Fig. 2; see detail) and a base right-end region (Fig. 2; see detail) opposite the base left-end region (Fig. 2; see detail);
a mid rail (Fig. 2; 10) positioned above the base (Fig. 2; 10 is above 1), wherein the mid rail comprises a mid-rail left-end region (Fig. 2; see detail) and a mid-rail right-end region opposite the mid-rail left-end region (Fig. 2; see detail), and wherein the mid-rail left-end region (Fig. 2; see detail) is positioned above the base left-end region and the mid-rail right-end region is positioned above the base right-end region (Fig. 2; see detail);
a top rail (Fig. 2; 2) positioned above and parallel to the mid rail (Fig. 2; 2 is positioned above and parallel to 10), wherein the top rail comprise a top-rail left-end region (Fig. 2; see detail) and a top-rail right-end region (Fig. 2; see detail) opposite the top-rail left-end region, and wherein the top-rail left-end region is positioned above the mid-rail left-end region (Fig. 2; see detail) and the top-rail right-end region is positioned above the mid-rail right-end region (Fig. 2; see detail);
a lower left-side leg (Fig. 2; see detail) comprising a lower-left-side-leg lower-end region (Fig. 2; end nearest 4 on the left side) and a lower-left-side-leg upper-end region (Fig. 2; end nearest 7 on the left side) opposite the lower-left-side-leg lower-end region, wherein the lower-left-side-leg lower-end region is pivotally coupled to the base left-end region (Fig. 1-3; depict the pivotal movement relative to 1), and wherein the lower-left-side-leg upper-end region is pivotally and translationally coupled to the mid rail (Fig. 1-3; depict the pivotal and transitional relationship relative to 10);
an upper left-side leg (Fig. 2; see detail) positioned above the lower left-side leg (Fig. 2; see detail) and comprising an upper-left-side-leg upper-end region (Fig. 2; end nearest 5 on the left side) and an upper-left-side-leg lower-end region (Fig. 2; end nearest 7 on the left side) opposite the upper-left-side-leg upper-end region, wherein the upper-left-side-leg upper-end region is pivotally coupled to the top-rail left-end region (Fig. 1-3; depict the pivotal movement relative to 2), and wherein the upper-left-side-leg lower-end region is pivotally and translationally coupled to the mid rail (Fig. 1-3; depict the pivotal and transitional relationship relative to 10);
a lower right-side leg (Fig. 2; see detail) comprising a lower-right-side-leg lower-end region (Fig. 2; end nearest 4’ on the right side) and a lower-right-side-leg upper-end region (Fig. 2; end nearest 8’ on the right side) opposite the lower-right-side-leg lower-end region, wherein the lower-right-side-leg lower-end region is pivotally coupled to the base right-end region (Fig. 1-3; depict the pivotal movement relative to 1), and wherein the lower-right-side-leg upper-end region is pivotally and translationally coupled to the mid rail (Fig. 1-3; depict the pivotal and transitional relationship relative to 10); and
an upper right-side leg (Fig. 2; see detail) positioned above the lower right-side leg (Fig. 2; see detail) and comprising an upper-right-side-leg upper-end region (Fig. 2; end nearest 5’ on the right side) and an upper-right-side-leg lower-end region (Fig. 2; end nearest 8’ on the right side) opposite the upper-right-side-leg upper-end region, wherein the upper-right-side-leg upper-end region is pivotally coupled to the top-rail right-end region (Fig. 1-3; depict the pivotal movement relative to 2), and wherein the upper-right-side-leg lower-end region is pivotally and translationally coupled to the mid rail (Fig. 1-3; depict the pivotal and transitional relationship relative to 10);
wherein the collapsible guardrail has a deployed configuration (Fig. 3), in which the lower-left-side-leg upper-end region and the upper-left-side-leg lower-end region are adjacent the mid-rail left-end region (Fig. 3), and in which the lower-right-side-leg upper-end region and the upper-right-side-leg lower-end region are adjacent the mid-rail right-end region (Fig. 3);
wherein the collapsible guardrail has a collapsed configuration (Fig. 1), in which the lower-left-side-leg upper-end region and the upper-left-side-leg lower-end region are spaced-away from the mid-rail left-end region toward the mid-rail right-end region (Fig. 1-3; the left side legs are depicted this way going from deployed to collapsed), and in which the lower-right-side-leg upper-end region and the upper-right-side-leg lower-end region are spaced-away from the mid-rail right-end region toward the mid-rail left-end region (Fig. 1-3; the right side legs are depicted this way going from deployed to collapsed);
wherein at least one of the lower-left-side-leg upper-end region and the upper-left-side-leg lower- end region is biased toward the mid-rail left-end region (Fig. 1-3; depict biasing toward the mid-rail left-end region); and
wherein at least one of the lower-right-side-leg upper-end region and the upper-right-side-leg lower-end region is biased toward the mid-rail right-end region (Fig. 1-3; depict biasing toward the mid-rail right-end region).
Claim 31: A collapsible guardrail (Fig. 2), comprising:
a base (Fig. 2; 1) comprising a base left-end region (Fig. 2; see detail) and a base right-end region (Fig. 2; see detail) opposite the base left-end region (Fig. 2; see detail);
a mid rail (Fig. 2; 10) positioned above the base (Fig. 2; 10 is above 1), wherein the mid rail comprises a mid-rail left-end region (Fig. 2; see detail) and a mid-rail right-end region opposite the mid-rail left-end region (Fig. 2; see detail), and wherein the mid-rail left-end region (Fig. 2; see detail) is positioned above the base left-end region and the mid-rail right-end region is positioned above the base right-end region (Fig. 2; see detail);
a top rail (Fig. 2; 2) positioned above and parallel to the mid rail (Fig. 2; 2 is positioned above and parallel to 10), wherein the top rail comprise a top-rail left-end region (Fig. 2; see detail) and a top-rail right-end region (Fig. 2; see detail) opposite the top-rail left-end region, and wherein the top-rail left-end region is positioned above the mid-rail left-end region (Fig. 2; see detail) and the top-rail right-end region is positioned above the mid-rail right-end region (Fig. 2; see detail);
a lower left-side leg (Fig. 2; see detail) comprising a lower-left-side-leg lower-end region (Fig. 2; end nearest 4 on the left side) and a lower-left-side-leg upper-end region (Fig. 2; end nearest 7 on the left side) opposite the lower-left-side-leg lower-end region, wherein the lower-left-side-leg lower-end region is pivotally coupled to the base left-end region (Fig. 1-3; depict the pivotal movement relative to 1), and wherein the lower-left-side-leg upper-end region is pivotally and translationally coupled to the mid rail (Fig. 1-3; depict the pivotal and transitional relationship relative to 10);
an upper left-side leg (Fig. 2; see detail) positioned above the lower left-side leg (Fig. 2; see detail) and comprising an upper-left-side-leg upper-end region (Fig. 2; end nearest 5 on the left side) and an upper-left-side-leg lower-end region (Fig. 2; end nearest 7 on the left side) opposite the upper-left-side-leg upper-end region, wherein the upper-left-side-leg upper-end region is pivotally coupled to the top-rail left-end region (Fig. 1-3; depict the pivotal movement relative to 2), and wherein the upper-left-side-leg lower-end region is pivotally and translationally coupled to the mid rail (Fig. 1-3; depict the pivotal and transitional relationship relative to 10);
a lower right-side leg (Fig. 2; see detail) comprising a lower-right-side-leg lower-end region (Fig. 2; end nearest 4’ on the right side) and a lower-right-side-leg upper-end region (Fig. 2; end nearest 8’ on the right side) opposite the lower-right-side-leg lower-end region, wherein the lower-right-side-leg lower-end region is pivotally coupled to the base right-end region (Fig. 1-3; depict the pivotal movement relative to 1), and wherein the lower-right-side-leg upper-end region is pivotally and translationally coupled to the mid rail (Fig. 1-3; depict the pivotal and transitional relationship relative to 10); and
an upper right-side leg (Fig. 2; see detail) positioned above the lower right-side leg (Fig. 2; see detail) and comprising an upper-right-side-leg upper-end region (Fig. 2; end nearest 5’ on the right side) and an upper-right-side-leg lower-end region (Fig. 2; end nearest 8’ on the right side) opposite the upper-right-side-leg upper-end region, wherein the upper-right-side-leg upper-end region is pivotally coupled to the top-rail right-end region (Fig. 1-3; depict the pivotal movement relative to 2), and wherein the upper-right-side-leg lower-end region is pivotally and translationally coupled to the mid rail (Fig. 1-3; depict the pivotal and transitional relationship relative to 10); and
a lattice structure (Fig. 3; see detail) operatively coupled between the base (Fig. 3; 1) and the top rail (Fig. 3; 2) and configured to operatively support the top rail relative to the base, wherein the lattice structure comprises:
a first angled member (Fig. 3; see detail) comprising a first-angled-member lower-end region (Fig. 3; nearest 4) and a first- angled-member upper-end region (Fig. 3; nearest 5) opposite the first-angled-member lower-end region, wherein the first- angled-member lower-end region is pivotally and translationally coupled to the base (Fig. 3; at 4), and wherein the first-angled-member upper-end region is pivotally and translationally coupled to the top rail (Fig. 3; at 5); and
a second angled member (Fig. 3; see detail) comprising a second-angled-member lower-end region (Fig. 3; nearest 4’) and a second-angled-member upper-end region (Fig. 3; nearest 5’) opposite the second-angled-member lower-end region, wherein the second-angled-member lower-end region is pivotally and translationally coupled to the base (Fig. 3; at 4’), and wherein the second-angled-member upper-end region is pivotally and translationally coupled to the top rail (Fig. 3; at 5’);
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wherein the collapsible guardrail has a deployed configuration (Fig. 3), in which the lower-left-side-leg upper-end region and the upper-left-side-leg lower-end region are adjacent the mid-rail left-end region (Fig. 3); and
in which the lower-right-side-leg upper-end region and the upper-right-side-leg lower-end region are adjacent the mid-rail right-end region (Fig. 3);
wherein the collapsible guardrail has a collapsed configuration (Fig. 1), in which the lower-left-side-leg upper-end region and the upper-left-side-leg lower-end region are spaced-away from the mid-rail left-end region toward the mid-rail right-end region (Fig. 1-3; the left side legs are depicted this way going from deployed to collapsed), and in which the lower-right-side-leg upper-end region and the upper-right-side-leg lower-end region are spaced-away from the mid-rail right-end region toward the mid-rail left-end region (Fig. 1-3; the right side legs are depicted this way going from deployed to collapsed).
Claim 32: The collapsible guardrail of claim 31, wherein the lattice structure is further operatively coupled to the mid rail (Fig. 3; at 6 and 7’) and configured to support the mid rail relative to the top rail and the base (Fig. 3; the lattice structure provides support to 10 relative to 1 and 2).
Claim 36: The collapsible guardrail of claim 31, wherein the first angled member is pivotally coupled to the second angled member (Fig. 3; via their connection to 10).
Claim 37: The collapsible guardrail of claim 31, wherein the first angled member and the second angled member are pivotally coupled to the mid rail (Fig. 3; at 6and 7’ respectively).
Claim 38: The collapsible guardrail of claim 31, wherein the first angled member and the second angled member define an X shape (Fig. 2; as the first and second angle members get closer they define an X shape).
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 2 is rejected under 35 U.S.C. 103 as being unpatentable over Rene (FR 2699208).
Rene discloses:
Claim 2: A collapsible guardrail (Fig. 2), comprising:
a base (Fig. 2; 1) comprising a base left-end region (Fig. 2; see detail) and a base right-end region (Fig. 2; see detail) opposite the base left-end region (Fig. 2; see detail);
a mid rail (Fig. 2; 10) positioned above the base (Fig. 2; 10 is above 1), wherein the mid rail comprises a mid-rail left-end region (Fig. 2; see detail) and a mid-rail right-end region opposite the mid-rail left-end region (Fig. 2; see detail), and wherein the mid-rail left-end region (Fig. 2; see detail) is positioned above the base left-end region and the mid-rail right-end region is positioned above the base right-end region (Fig. 2; see detail);
a top rail (Fig. 2; 2) positioned above and parallel to the mid rail (Fig. 2; 2 is positioned above and parallel to 10), wherein the top rail comprise a top-rail left-end region (Fig. 2; see detail) and a top-rail right-end region (Fig. 2; see detail) opposite the top-rail left-end region, and wherein the top-rail left-end region is positioned above the mid-rail left-end region (Fig. 2; see detail) and the top-rail right-end region is positioned above the mid-rail right-end region (Fig. 2; see detail);
a lower left-side leg (Fig. 2; see detail) comprising a lower-left-side-leg lower-end region (Fig. 2; end nearest 4 on the left side) and a lower-left-side-leg upper-end region (Fig. 2; end nearest 7 on the left side) opposite the lower-left-side-leg lower-end region, wherein the lower-left-side-leg lower-end region is pivotally coupled to the base left-end region (Fig. 1-3; depict the pivotal movement relative to 1), and wherein the lower-left-side-leg upper-end region is pivotally and translationally coupled to the mid rail (Fig. 1-3; depict the pivotal and transitional relationship relative to 10);
an upper left-side leg (Fig. 2; see detail) positioned above the lower left-side leg (Fig. 2; see detail) and comprising an upper-left-side-leg upper-end region (Fig. 2; end nearest 5 on the left side) and an upper-left-side-leg lower-end region (Fig. 2; end nearest 7 on the left side) opposite the upper-left-side-leg upper-end region, wherein the upper-left-side-leg upper-end region is pivotally coupled to the top-rail left-end region (Fig. 1-3; depict the pivotal movement relative to 2), and wherein the upper-left-side-leg lower-end region is pivotally and translationally coupled to the mid rail (Fig. 1-3; depict the pivotal and transitional relationship relative to 10);
a lower right-side leg (Fig. 2; see detail) comprising a lower-right-side-leg lower-end region (Fig. 2; end nearest 4’ on the right side) and a lower-right-side-leg upper-end region (Fig. 2; end nearest 8’ on the right side) opposite the lower-right-side-leg lower-end region, wherein the lower-right-side-leg lower-end region is pivotally coupled to the base right-end region (Fig. 1-3; depict the pivotal movement relative to 1), and wherein the lower-right-side-leg upper-end region is pivotally and translationally coupled to the mid rail (Fig. 1-3; depict the pivotal and transitional relationship relative to 10); and
an upper right-side leg (Fig. 2; see detail) positioned above the lower right-side leg (Fig. 2; see detail) and comprising an upper-right-side-leg upper-end region (Fig. 2; end nearest 5’ on the right side) and an upper-right-side-leg lower-end region (Fig. 2; end nearest 8’ on the right side) opposite the upper-right-side-leg upper-end region, wherein the upper-right-side-leg upper-end region is pivotally coupled to the top-rail right-end region (Fig. 1-3; depict the pivotal movement relative to 2), and wherein the upper-right-side-leg lower-end region is pivotally and translationally coupled to the mid rail (Fig. 1-3; depict the pivotal and transitional relationship relative to 10);
wherein the collapsible guardrail has a deployed configuration (Fig. 3), in which the lower-left-side-leg upper-end region and the upper-left-side-leg lower-end region are adjacent the mid-rail left-end region (Fig. 3), and in which the lower-right-side-leg upper-end region and the upper-right-side-leg lower-end region are adjacent the mid-rail right-end region (Fig. 3);
wherein the collapsible guardrail has a collapsed configuration (Fig. 1), in which the lower-left-side-leg upper-end region and the upper-left-side-leg lower-end region are spaced-away from the mid-rail left-end region toward the mid-rail right-end region (Fig. 1-3; the left side legs are depicted this way going from deployed to collapsed), and in which the lower-right-side-leg upper-end region and the upper-right-side-leg lower-end region are spaced-away from the mid-rail right-end region toward the mid-rail left-end region (Fig. 1-3; the right side legs are depicted this way going from deployed to collapsed); and
wherein in the deployed configuration, the collapsible guardrail has a height (Fig. 3; from the bottom of 1 to the top of 2);
wherein each of the lower left-side leg, the upper left-side leg, the lower right-side leg and the upper right-side leg has a width that is transverse to a length of the base (Fig. 9; each of the side leg segments have a width that is transverse to a length of the base);
wherein each of the lower left-side leg, the upper left-side leg, the lower right-side leg, and the upper right-side leg comprises a web (Fig. 9; three sides of the leg) and at least one flange extending orthogonal from the web (Fig. 14; see detail).
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While Rene fails to specifically disclose wherein the width of the legs are at least 5% of the height of the guardrail, the examiner asserts that such a width would be necessary in order to provide any amount of rigidity to the legs, 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 side legs at least 5% of the height of the guardrail to ensure structural integrity.
Claims 27 and 30 are rejected under 35 U.S.C. 103 as being unpatentable over Rene (FR 2699208) in view of Sinkoff (6,191,886).
Claim 27: Rene discloses the collapsible guardrail of claim 26, but fails to disclose wherein each of the lower left-side leg, the upper left-side leg, the lower right-side leg, and the upper right-side leg comprises a C-channel.
However, Sinkoff discloses legs comprising C-channel (Fig. 2; 36).
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 legs of Rene to include the C-channel, as taught by Sinkoff, with a reasonable expectation of success because it would allow the legs to nest together when in the collapsed position (Fig. 3).
Claim 30: Rene discloses the collapsible guardrail of claim 29, but fails to disclose further comprising:
a left-side spring operatively coupled between the base and the lower left-side leg and configured to bias the lower-left-side-leg upper-end region toward the mid-rail left-end region, or between the top rail and the upper left-side leg and configured to bias the upper-left-side-leg lower-end region toward the mid-rail left-end region; and
a right-side spring operatively coupled between the base and the lower right-side leg and configured to bias the lower-right-side-leg upper-end region toward the mid-rail right-end region, or between the top rail and the upper right-side leg and configured to bias the upper-right-side-leg lower- end region toward the mid-rail right-end region.
However, Sinkoff discloses a spring (Fig. 4; 60/62).
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 collapsible guardrail of Rene to include the springs, as taught by Sinkoff, with a reasonable expectation of success because it would aide in maintaining the deployed configuration and add stability to the guardrail.
Thus, in combination Rene and Sinkoff disclose a left-side spring, of Sinkoff, operatively coupled between the base and the lower left-side leg and configured to bias the lower-left-side-leg upper-end region toward the mid-rail left-end region, of Rene, or between the top rail and the upper left-side leg and configured to bias the upper-left-side-leg lower-end region toward the mid-rail left-end region; and
a right-side spring, of Sinkoff, operatively coupled between the base and the lower right-side leg and configured to bias the lower-right-side-leg upper-end region toward the mid-rail right-end region, of Rene, or between the top rail and the upper right-side leg and configured to bias the upper-right-side-leg lower- end region toward the mid-rail right-end region.
Claims 33-34 are rejected under 35 U.S.C. 103 as being unpatentable over Rene (FR 2699208) in view of Zhang (CN 204475884).
Claim 33: Rene discloses the collapsible guardrail of claim 31, but fails to disclose wherein the lattice structure comprises:
a lower-left lattice member pivotally coupled to the base;
an upper-left lattice member pivotally coupled to the lower-left lattice member and pivotally coupled to the top rail;
a lower-right lattice member pivotally coupled to the base; and
an upper-right lattice member pivotally coupled to the lower-right lattice member and pivotally coupled to the top rail.
However, Zhang discloses additional lattice structure (Fig. 1; see detail).
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 guardrail structure of Rene to include the additional lattice structure, as taught by Zhang, with a reasonable expectation of success because it would give additional support and rigidity to the guardrail while helping prevent access through larger openings.
Thus, in combination Rene and Zhang disclose a lower-left lattice member, of Zhang, pivotally coupled to the base, of Rene;
an upper-left lattice member, of Zhang, pivotally coupled to the lower-left lattice member and pivotally coupled to the top rail, of Rene;
a lower-right lattice member, of Zhang, pivotally coupled to the base, of Rene; and
an upper-right lattice member, of Zhang, pivotally coupled to the lower-right lattice member and pivotally coupled to the top rail, of Rene.
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Claim 34: Zhang discloses the collapsible guardrail of claim 33, wherein the lower-left lattice member, the upper-left lattice member, the lower-right lattice member, and the upper-right lattice member define a parallelogram (Fig. 1; see detail).
Allowable Subject Matter
Claims 1, 3, 5-7, 11-14 and 25-26 are allowed.
Claims 35 and 39 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.
Claim 34 is considered allowable due to the lower-left lattice member, the upper-left lattice member, the lower-right lattice member, and the upper-right lattice member defining a parallelogram.
Claim 35 is considered allowable due to the base left-side track extending from the base left-end region toward the base right-end region, wherein the first-angled-member lower-end region is configured to translate along the base left- side track when the collapsible guardrail transitions between the deployed configuration and the collapsed configuration; and
a base right-side track extending from the base right-end region toward the base left-end region, wherein the second-angled-member lower-end region to considered to translate along the base right-side track when the collapsible guardrail transitions between the deployed configuration and the collapsed configuration; and wherein the top rail defines:
a top-rail left-side track extending from the top-rail left-end region toward the top-rail right-end region, wherein the second-angled-member upper-end region is configured to translate along the top-rail left-side track when the collapsible guardrail transitions between the deployed configuration and the collapsed configuration; and
a top-rail right-side track extending from the top-rail right-end region toward the top-rail left-end region, and wherein the first-angled-member upper-end region is configured to translate along the top-rail right-side track when the collapsible guardrail transitions between the deployed configuration and the collapsed configuration.
Claim 35 is considered allowable due to a lower-left lattice member pivotally coupled to the base; an upper-left lattice member pivotally coupled to the lower-left lattice member and pivotally coupled to the top rail; a lower-right lattice member pivotally coupled to the base; and
an upper-right lattice member pivotally coupled to the lower-right lattice member and pivotally coupled to the top rail; wherein the first angled member is pivotally coupled to the lower-left lattice member and is pivotally coupled to the upper-right lattice member; and
wherein the second angled member is pivotally coupled to the upper-left lattice member and is pivotally coupled to the lower-right lattice member.
Response to Arguments
Applicants’ arguments with respect to claims 2 and 27 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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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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