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 .
This non-final Office action is in response to Applicant’s patent application number 18/606,480 filed on 3/15/2024.
Currently, claims 1-17 are pending and examined.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the corrugated panel and u-shaped panel must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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.
Specification
The disclosure is objected to because of the following informalities: a u-shaped channel gasket does not describe in the specification.
Appropriate correction is required.
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 1-17 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.
Re claim 1, line 1; the claimed preamble sole draw to a sub-combination of “A flood barrier apparatus” and a citation “for a door opening” is intended use or functional. However, in lines 9-10; a citation “a first U-shaped channel attached to one side of the door opening” is confusing and indefinite because it’s unclear whether the Applicant intends to combine and positively claim with a door opening? Clarification is required. Claims 2-10 and 17 depending upon the rejected claim 1 are also rejected. For the examination purposes, the claims are being treated as a combination with a door opening. Claim 11, lines 9-10; having the same issues as mentioned; therefore, claims 11 and depending claims 12-16 are also rejected.
Re claim 1, line 7; a citation “said panel” does not have a proper antecedent basis, unless the Applicant meant “said barrier panel”? Correction is required.
Re claim 1, lines 13, 14, 15; a citation “a gasket” renders the claim confusing and indefinite because it’s unclear whether the same “a gasket” cited in line 10? Clarification is required.
Re claim 1, line 17; a citation “the u-shaped channels” does not have a proper antecedent basis, unless the Applicant meant “the first and second u-shaped channels”? Correction is required.
Re claim 1, lines 17-18; a citation “the gaskets” (in plural) does not have a proper antecedent basis. Correction is required. Claim 10, lines 4-5; having the same issues as mentioned is also rejected.
Re claim 3, line 2; a phrase “such as” renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Re claim 7, lines 2-3; a citation “said lower edge u-shaped rail” does not have a proper antecedent basis. Correction is required.
Re claim 10, line 2; a citation “said u-shaped channel gasket” does not have a proper antecedent basis. Correction is required.
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.
Claim(s) 1, 7, 9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US No. 2013/0272794 to Osborne.
Re claim 1: Osborne discloses a flood barrier apparatus 10 for a door opening (par. [0020]) comprising: a barrier panel 20/30 having an upper edge (i.e. near 30) spaced apart from a lower edge (near 40) forming a panel height, and first insert end 70 spaced apart from a second insert end 70 (other end of the barrier panel) forming a panel length, said first insert end 70 and said second insert end 70 formed perpendicular to said panel upper and lower edge (see Fig. 2), said panel 20/30 constructed and arranged to cover a lower portion of a door opening 52; a first U-shaped channel 12a (i.e. formed by 14/15/16) attached to one side of the door opening (par. [0020]), said first U-shaped channel 12a including a gasket 18 located in said channel; a second U-shaped channel 12b attached to an opposite side of the door opening (par. [0020]), said second U-shaped channel 12b including a gasket 18 located in said channel 12b; and a gasket 18 attached to said lower edge of said barrier panel 20/30; wherein said barrier panel first and second insert ends 70/70 are slidably inserted into the U-shaped channels 12a/12b, wherein said gaskets 18/18 provide a water-tight seal between said barrier panel 20/30 and a structure 18.
Re claim 7: including a rubber gasket 18 extending from an edge of said lower edge U-shaped rail 12a.
Re claim 9: including at least one lock pin 60 configured to extend through a U-shaped panel (i.e. a u-shaped channel panel is formed around the u-shaped channel 12a) and said panel to secure said barrier panel in said U-shaped channels 12a/12b to prevent dislodging during flood conditions.
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(s) 2, 3, 10-12, 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over US No. 2013/0272794 to Osborne.
Re claims 2, 12: Osborne discloses basic structures of the claimed invention as stated above but does not disclose expressly wherein said barrier panel 20/30 is constructed from corrugated 0.068” gauge aluminum. However, it would have been obvious to one with ordinary skill before the effective filing date of the claimed invention to choose different materials for the barrier panel, e.g. corrugated 0.068” gauge aluminum in order to optimize strong, lightweight and non-corrosive purposes for the barrier panel.
Re claims 3, 10, 16: Osborne discloses basic structures of the claimed invention as stated and further disclose a gasket 18 positioned in the u-shaped channel 12a/12b but does not disclose expressly wherein said U-shaped channel gasket is further defined by a ¼ inch diameter gasket positioned on each side the channel, wherein said barrier panel edge is positioned between the gaskets; and wherein said gasket is made of a flexible material, such as rubber or silicone, and is sized to fit within said U-shaped channel to provide a water-tight seal with said barrier panel. However, it would have been obvious to one with ordinary skill before the effective filing date of the claimed invention to have additional gasket, e.g. ¼” diameter gasket positioned on each side the channel and the barrier panel edge is poisoned between the gaskets; and wherein said gasket is made of a flexible material, such as rubber or silicone, and is sized to fit within said U-shaped channel in order to have a tight seal around the u-shaped channel and preventing air leaks.
Re claim 11: Osborne discloses a flood barrier apparatus 10 for a door opening (par. [0020]) comprising: a barrier panel 20/30 having an upper edge (i.e. near 30) spaced apart from a lower edge (near 40) forming a panel height, and first insert end 70 spaced apart from a second insert end 70 (other end of the barrier panel) forming a panel length, said first insert end 70 and said second insert end 70 formed perpendicular to said panel upper and lower edge (see Fig. 2), said panel 20/30 constructed and arranged to cover a lower portion of a door opening 52; a first U-shaped channel 12a (i.e. formed by 14/15/16) attached to one side of the door opening (par. [0020]), said first U-shaped channel 12a including a gasket 18 located in said channel; a second U-shaped channel 12b attached to an opposite side of the door opening (par. [0020]), said second U-shaped channel 12b including a gasket 18 located in said channel 12b; and a gasket 18 attached to said lower edge of said barrier panel 20/30; wherein said barrier panel first and second insert ends 70/70 are slidably inserted into the U-shaped channels 12a/12b, wherein said gaskets 18/18 provide a water-tight seal between said barrier panel 20/30 and a structure 18; at least one lock pin 60 configured to extend through a U-shaped panel (i.e. a u-shaped channel panel is formed around the u-shaped channel 12a) and said panel to secure said barrier panel in said U-shaped channels 12a/12b. Osborne discloses basic structures of the claimed invention as stated and further disclose a gasket 18 positioned in the u-shaped channel 12a/12b but does not disclose expressly wherein said U-shaped channel gasket is further defined by a ¼ inch diameter gasket positioned on each side the channel, wherein said barrier panel edge is positioned between the gaskets. However, it would have been obvious to one with ordinary skill before the effective filing date of the claimed invention to have additional gasket, e.g. ¼” diameter gasket positioned on each side the channel and the barrier panel edge is poisoned between the gaskets in order to have a complete seal around the u-shaped channel for preventing air leaks.
Claim(s) 4-6, 8, 13-15 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over US No. 2013/0272794 to Osborne in view of US No. 4,685,261 to Seaquist.
Re claims 5, 8, 14, 17: Osborne discloses basic structures of the claimed invention as stated above but does not disclose expressly at least one aperture positioned beneath said upper edge for use as a hand hold while handling the barrier panel. Seaquist discloses an apparatus of a storm shutter, including panels 10/12, a plurality of u-shaped channels 6/8, and at least one aperture forming by an arc of 20 beneath the upper edge 14 of the panel 12. It would have been obvious to one with ordinary skill before the effective filing date of the claimed invention to provide Osborne an aperture beneath the upper edge of the barrier panel as taught by Seaquist for easy carrying and moving the barrier panel as needed.
Re claims 4, 6, 13, 15: Osborne discloses basic structures of the claimed invention as stated above but does not disclose expressly including a ⅛ inch U-shaped rail secured to said upper/lower edges with rivets positioned approximately 8 inches on center. Seaquist discloses an apparatus of a storm shutter, including panels 10/12, a plurality of u-shaped channels rails 6/8 to secured to the upper/lower edges (see Fig. 1). It would have been obvious to one with ordinary skill before the effective filing date of the claimed invention to provide Osborne u-shaped channel rails 6/8 for securing the upper and lower edges, respectively in order to provide more stronger support to the barrier panel. Osborne in view of Seaquist disclose basic structures of the claimed invention as stated but do not disclose expressly the u-shaped rails are 1/8”, secured with rivets positioned approximately 8” on center. However, it would have been obvious to one with ordinary skill before the effective filing date of the claimed invention to choose different sizes for the u-shaped secured with rivets at different locations of the barrier panel in order to provide more securement for the barrier panel; since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure (see attached PTO-892).
Contact Information
Any inquiry concerning this communication or earlier communication from the examiner should be directed to CHI Q. NGUYEN whose telephone number is (571) 272-6847. The examiner can normally be reached on Monday-Friday from 7AM-5PM or email: chi.nguyen@uspto.gov. If attempt to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Brian Mattei can be reached at (571) 270-3238. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pairdirect.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at (866) 217-9197.
/CHI Q NGUYEN/
Primary Examiner, Art Unit 3635
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