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Claims 9-10, 13, and 15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim.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 7/13/26.
Specification
The disclosure is objected to because of the following informalities:
The abstract is too short. The abstract should be in narrative form and generally limited to a single paragraph within the range of 50 to 150 words in length. See MPEP § 608.01(b) for guidelines for the preparation of patent abstracts.
Appropriate correction is required.
Claim Objections
Claim 5 objected to because of the following informalities:
Claim 5 recites “the front portion” and “the rear portion”. The examiner recommends reciting that these portions belong to the reflecting member instead of the body. Appropriate correction is required.
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) 1-3, 5-8, 11-12, 14, and 16-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Carr (GB 2520632 A), in view of Lee (WO 2012161499 A2).
Regarding claim 1, Carr teaches a bike lane delineator, comprising:
a body (Fig 5a-5e, 102) comprising a base (Fig 5b, portion below 104), a front portion (Fig 5b, left side), a rear portion (Fig 5b, right side), a first sidewall (Fig 5a, face 4), and a second sidewall (Fig 5a, face 6).
While Carr teaches reflective surface 104 (Fig 5a, Abstract) and multiple reflect means are conceived (claim 29), Carr is not explicit on a plurality of reflecting members protruding from the body.
Lee teaches a plurality of reflecting members protruding from the body (Abstract, Fig 7, reflecting members 21/30).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention disclosed by Carr by having the plurality reflective members as disclosed by Lee because it would be a simple substitution of one known element (the reflective strip of Carr) for another (the reflective member of Lee) to obtain predictable results (a reflective surface on a roadway surface).
Regarding claim 2, Carr as modified teaches wherein the reflecting members comprise a spherical segment protruding from the body (Fig 7 of Lee, members 21/30).
Regarding claim 3, Carr as modified teaches wherein the body includes a plurality of retention cavities and the reflecting members are located in the retention cavities (Fig 7 of Lee, within cavities as seen; as a modification to Lee, these are location on the face 4 where 104 is located).
Regarding claim 5, Carr as modified teaches wherein the reflecting members include a front portion (Fig 7, 21) and a rear portion (Fig 7, 30), wherein the front portion is translucent and defines the spherical segment (from translation, “a light-transmitting body 21 formed of a transparent material”, see Fig 7, spherical as seen) and the rear portion includes a reflective material (from translation, “a reflection layer forming step of forming a reflection layer 30”).
Regarding claim 6, Carr as modified teaches wherein the rear portion of the reflecting member is positioned in the retention cavity of the body (Fig 7, 30 is within the cavity as seen).
Regarding claim 7, Carr as modified teaches wherein the reflecting members are located in the first sidewall (Fig 5a-5b of Carr, reflecting member 104 is on the first side, as seen, this is modified to be the reflecting members).
Regarding claim 8, while Carr as modified teaches wherein the front portion and the rear portion of the body includes the reflecting members (as a modification to Lee, these are location on the face defined as the front and rear portions where 104 is located, see Fig 5d of Carr), Carr as modified is not explicit on alcoves and the reflecting members are located in the alcoves.
Lee teaches the body containing alcoves and the reflecting members are located in the alcoves (Fig 7 of Lee, the reflecting members are located within alcoves/valleys 13b as seen).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention disclosed by Carr by having the reflecting member located in the valleys/alcoves as disclosed by Lee because it would limit the ability for vehicles to directly contact and therefore potentially damage the reflecting members.
Regarding claim 11, Carr teaches wherein the first sidewall and the second sidewall are asymmetrical (Fig 5a, sides 6 and 4 are asymmetric, as seen).
Regarding claim 12, Carr teaches wherein the first sidewall is convex (Fig 5c, side 4 is convex as seen) and the second sidewall is planar (Fig 5a, 6 is planar as seen).
Regarding claim 14, Carr teaches further including a plurality of bores through the body that are configured to receive a securing member (Fig 5b, Abstract, “apertures 26, with corresponding removable caps, in the top surface or front wall for securement to the ground using screws or bolts.”).
Regarding claim 16, Carr teaches where at least one bore is located in each of the front portion and the rear portion (Fig 5b, front and rear portion may be defined as where the slop begins which would include the first and last 26/30, as seen).
Regarding claim 17, Carr teaches wherein the bores are located in the first sidewall, the front portion and the rear portion (Fig 5b, front and rear portion may be defined as where the slop begins which would include the first and last 26/30, as seen. Middle 2 bores 26 are in the first sidewall).
.
Regarding claim 18, Carr teaches wherein the body include hollows (Fig 5b, hollows/bores 26).
Regarding claim 19, Carr teaches wherein the body includes a plurality of sections separated by channels (Fig 5b, sections may be arbitrarily defined such that there are sections defined by channels 30).
Regarding claim 20, Carr teaches wherein the sections have alternating colors (see MPEP 2112.01, the coloration functions only to convey visual information to a user and does not have a functional relationship to product itself. See also In re Seid, 161 F.2d 229, 73 USPQ 431 (CCPA 1947) (matters relating to ornamentation only which have no mechanical function cannot be relied upon to patentably distinguish the claimed invention from the prior art)”).
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Carr (GB 2520632 A), in view of Lee (WO 2012161499 A2), in view of Brown (US 20080179791 A1).
Regarding claim 4, Carr as modified is silent on wherein the reflecting members are retained by an interference fit within the retention cavities.
Brown teaches wherein the reflecting members are retained by an interference fit within the retention cavities (Para 0065, “insert(s) can be fixed into the corresponding opening(s) by any suitable technique, for example adhesive bonding, acoustic welding, some form of snap or press fit, an interference fit, and so on”).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention disclosed by Carr as modified by having the inserted members interference fit as disclosed by Brown because it would be obvious to try. Brown articulates a finite number of known options for securing an insert in a road device with predictable results (adhesive bonding, acoustic welding, some form of snap or press fit, or an interference fit).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Christ (US 5836714 A) teaches portable control barriers for use in sporting or entertainment events having a lightweight housing formed of a resiliently deformable material. Each housing has an interior surface defining an internal chamber that can be selectively filled with a ballast.
Arn (US 3984175 A) teaches a pavement marker includes a shell-like body of light transmitting material, such as synthetic resin. It has a reflective wall formed on it which is filled with epoxy resin
Fur (US 4515499 A) teaches a traffic lane delineator includes an elongate centrally disposed planar strip flanked on at least one side, and generally both sides, by outwardly extending tabs or ribs.
Hannah (US 7621691 B2) teaches a longitudinal, channelizing traffic separator system has interlocking D-shaped curb sections with a recessed delineator post mounting receptacle formed in the top side of interlocked sections at an interlock joint.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THEODORE N YAO whose telephone number is (571)272-8745. The examiner can normally be reached typically 8am-4pm ET.
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, TARA SCHIMPF can be reached at (571) 270-7741. 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.
/THEODORE N YAO/Primary Examiner, Art Unit 3676
Prosecution Insights