DETAILED ACTION
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 1-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Industrial Galvanizers (WO 2009/021290).
As to claim 1, Industrial Galvanizers discloses an end plate 12 configured to integrate with a first end wall or a second end wall of a roadway barrier, the end plate comprising:
a body wall 70 including a front surface and a rear surface, the body wall configured to couple with a first side wall and a second side wall of the roadway barrier; and
a brace 98,99.2 attached along a width of the rear surface of the body wall and extending rearward therefrom, the brace including a first notch A and a laterally-spaced apart second notch B (Figure 8 reprinted below with annotations), each notch providing an opening in the brace that is capable of allowing the brace to bend at the notch locations (Figures 1-13).
[AltContent: textbox (B)][AltContent: textbox (A)][AltContent: arrow][AltContent: arrow]
PNG
media_image1.png
265
614
media_image1.png
Greyscale
As to claim 2, Industrial Galvanizers discloses an end plate comprising:
a first side flange 99 extending rearward from a left side edge of the body wall 70, the first side flange configured to couple with the first side wall of the roadway barrier; and
a second side flange 99 extending rearward from a right side edge of the body wall, the second side flange configured to couple with the second side wall of the roadway barrier (Figures 1-13).
As to claim 3, Industrial Galvanizers discloses an end plate comprising first and second bottom flanges 88 each extending rearward from a bottom edge of the body wall 70 (Figures 1-13).
As to claim 4, Industrial Galvanizers discloses an end plate wherein the first notch A and the second notch B each have a generally rectangular shape with first and second opposing side surfaces and an end surface positioned therebetween (Figures 1-13).
As to claim 5, Industrial Galvanizers discloses an end plate wherein the first notch A and the second notch B are each capable of widening during a vehicular impact with the roadway barrier (Figures 1-13).
As to claim 6, Industrial Galvanizers discloses an end plate wherein the end plate comprises a left bumper 74,76,78 and a right bumper 74,76,78 spaced apart from the left bumper, each bumper attached to the front surface of the body wall 70, and the first notch A is roughly aligned with a feature of the right bumper and the second notch B is roughly aligned with a feature of the left bumper (Figures 1-13).
As to claim 7, Industrial Galvanizers discloses an end plate 12 configured to integrate with a first end wall or a second end wall of a roadway barrier, the end plate comprising:
a body wall 70 including a front surface and a rear surface;
a first side flange 99 extending rearward from a left side edge of the body wall, the first side flange configured to couple with a first side wall of the roadway barrier;
a second side flange 99 extending rearward from a right side edge of the body wall, the second side flange configured to couple with a second side wall of the roadway barrier;
first and second bottom flanges 88 each extending rearward from a bottom edge of the body wall; and
a brace 98,99.2 attached along a width of the rear surface of the body wall and extending rearward therefrom, the brace including a first notch A and a laterally-spaced apart second notch B, each notch providing an opening in the brace that is capable of allowing the brace to bend at the notch locations, and each notch capable of widening during a vehicular impact with the roadway barrier (Figures 1-13).
As to claim 8, Industrial Galvanizers discloses an end plate wherein the end plate comprises a left bumper 74,76,78 and a right bumper 74,76,78 spaced apart from the left bumper, each bumper attached to the front surface of the body wall 70, and the first notch A is roughly aligned with a feature of the right bumper and the second notch B is roughly aligned with a feature of the left bumper (Figures 1-13).
As to claim 9, Industrial Galvanizers discloses a roadway barrier comprising:
a first side wall 22 and a second side wall 22 spaced apart from the first side wall; and
a first end wall and a second end wall spaced apart from the first end wall, each end wall coupled with the side walls and including an end plate 12 comprising:
a body wall 70 including a front surface and a rear surface,
a first side flange 99 extending roughly orthogonal from the rear surface on a first side edge of the body wall, the first side flange configured to couple with the first side wall,
a second side flange 99 extending roughly orthogonal from the rear surface on a second side edge of the body wall, the second side flange configured to couple with the second side wall,
first and second bottom flanges 88 each extending roughly orthogonal from the rear surface on a bottom edge of the body wall, and
a brace 98,99.2 attached along a width of the rear surface of the body wall and extending orthogonal therefrom, the brace including a first notch A and a laterally-spaced apart second notch B, each notch providing an opening in the brace that is capable of allowing the brace to bend at the notch locations, and each notch capable of widening during a vehicular impact with the roadway barrier (Figures 1-13).
As to claim 10, Industrial Galvanizers discloses a roadway barrier wherein the end plate comprises a left bumper 74,76,78 and a right bumper 74,76,78 spaced apart from the left bumper, each bumper attached to the front surface of the body wall 70, and the first notch A is roughly aligned with a feature of the right bumper and the second notch B is roughly aligned with a feature of the left bumper (Figures 1-13).
Claims 1-5 and 7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dyke et al. (US 6,485,224).
As to claim 1, Dyke et al. disclose an end plate 40 configured to integrate with a first end wall or a second end wall of a roadway barrier, the end plate comprising:
a body wall 42 including a front surface and a rear surface, the body wall configured to couple with a first side wall and a second side wall of the roadway barrier; and
a brace 70 attached along a width of the rear surface of the body wall and extending rearward therefrom, the brace including a first notch 72 and a laterally-spaced apart second notch 72, each notch providing an opening in the brace that is capable of allowing the brace to bend at the notch locations (Figures 1-8).
As to claim 2, Dyke et al. disclose an end plate comprising:
a first side flange 46 extending rearward from a left side edge of the body wall 42, the first side flange configured to couple with the first side wall of the roadway barrier; and
a second side flange 46 extending rearward from a right side edge of the body wall, the second side flange configured to couple with the second side wall of the roadway barrier (Figures 1-8).
As to claim 3, Dyke et al. disclose an end plate comprising first and second bottom flanges A each extending rearward from a bottom edge of the body wall 42 (Figure 7 reprinted below with annotations; Figures 1-8).
[AltContent: textbox (A)][AltContent: arrow]
PNG
media_image2.png
228
517
media_image2.png
Greyscale
As to claim 4, Dyke et al. disclose an end plate wherein the first notch 72 and the second notch 72 each have a generally rectangular shape with first and second opposing side surfaces and an end surface positioned therebetween (Figures 1-8).
As to claim 5, Dyke et al. disclose an end plate wherein the first notch 72 and the second notch 72 are each capable of widening during a vehicular impact with the roadway barrier (Figures 1-8).
As to claim 7, Dyke et al. disclose an end plate 40 configured to integrate with a first end wall or a second end wall of a roadway barrier, the end plate comprising:
a body wall 42 including a front surface and a rear surface;
a first side flange 46 extending rearward from a left side edge of the body wall, the first side flange configured to couple with a first side wall of the roadway barrier;
a second side flange 46 extending rearward from a right side edge of the body wall, the second side flange configured to couple with a second side wall of the roadway barrier;
first and second bottom flanges A each extending rearward from a bottom edge of the body wall; and
a brace 70 attached along a width of the rear surface of the body wall and extending rearward therefrom, the brace including a first notch 72 and a laterally-spaced apart second notch 72, each notch providing an opening in the brace that is capable of allowing the brace to bend at the notch locations, and each notch capable of widening during a vehicular impact with the roadway barrier (Figures 1-8).
Response to Arguments
Applicant’s arguments with respect to claims 1-10 have been considered but are moot because the new ground of rejection does not rely on the same interpretation of the 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.
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.
08/28/26
/MICHAEL P FERGUSON/Primary Examiner, Art Unit 3619
Prosecution Insights