DETAILED ACTION
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 13, 14, 16 and 17 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 13 continues to recite positioning relative to an unclaimed component. This claim continues to not be treated on the merits.
Claim 14 also recites arrangement with respect to a feature (aperture) in an unclaimed component (plastic road barrier). This claim has not been further treated on the merits.
Claim 16 also recites a process (“upon engagement…”) with respect to an unclaimed component. And, as discussed in the previous Office action, the recitation of “do not contact a ground or other support surface” is indefinite because, given the structure of parent claim 12, there is no configuration for which this phrase positively points out and distinctly claims the invention. Any land-based structure must either be supported by the ground or an “other” support surface. This claim provides no structure which enables this lack of support configuration. Claim 16 has not been further treated on the merits.
Claim 17 continues to recite a range (33%) relative to an unclaimed component (terminal barrier section). This claim has not been further treated on the merits.
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 12 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kang (U.S. Patent 6,905,281).
Kang discloses an impact extension carriage frame assembly for use with at least one road barrier. There is a top plate (36), side frames (15) and cross member (any/all of 12, 31, 34 and fasteners which connect components, for example, see Figure 6). There is a transverse cutting member (21) connecting the side frames (by 39b, for example, Figure 6, for example). Because the member (15) is positioned such that it cuts through members (40) along the length of the barrier, it is deemed to meet the recitation of “at a downstream end.” Given the distance illustrated in the present specification, no further patentable weight may be given to this phrase.
Regarding claim 21, there are a plurality of hollow barrier sections (33, Figure 4, for example). A hollow section could naturally be filled with water. Regarding the connectors, Kange includes both linear (39a, for example) and non-linear (13) connectors (Figure 6, for example). These broadly meet claim recitations, since there is no finished structure in this kit claim.
Allowable Subject Matter
Claim 18 is allowed.
Response to Arguments
Applicant's arguments filed 29 June 2026 have been fully considered but they are not persuasive. While applicant has added the plastic road barrier as intended use in claim 12, this is still an unclaimed feature. The manner in which components are arranged with respect to this unclaimed feature continues to be indefinite. The claim must either positively recite the barrier or the dependent claims be sufficiently well defined structurally to positively point out and distinctly claim the structure in absence of this barrier(s).
Regarding the cutting member, web (21) meets this recitation, since it cuts through members (40). The broad recitation of “transverse” is met because it is transverse to at least the width of the assembly.
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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GARY S. HARTMANN
Primary Examiner
Art Unit 3671
/GARY S HARTMANN/Primary Examiner, Art Unit 3671
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