DETAILED ACTION
Election/Restrictions
Applicant’s election without traverse of Species 1, Figures 1-6 and 7E-7G, claims 1-5, 7-12, 14, 15, 19 and 20, in the reply filed on April 3, 2026 is acknowledged.
Claims 6, 13 and 16-18 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim.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 April 3, 2026.
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, 2, 5, 7-12, 14, 15, 19 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wong (US 4,124,198).
As to claim 1, Wong discloses a fencing system comprising:
a first post 12 comprising:
a first end;
a second end; and
an elongated body 12 extending from the first end to the second end, wherein a first groove 24 is defined in a first side of the elongated body; and
a panel 20 configured to be mechanically coupled to the first post, the panel comprising:
a first side comprising a first protrusion 22 configured to engage the first groove;
a second side comprising a second protrusion 22 configured to engage a second groove 24 of a second post 12; and
a planar body extending from the first side to the second side (Figures 1-5).
As to claim 2, Wong discloses a fencing system wherein the panel 20 is configured to be mechanically coupled to the first post 12 by a friction fit between the first protrusion 22 and the first groove 24 (Figures 1-5).
As to claim 5, Wong discloses a fencing system wherein the first groove 24 extends from the first end at least partially through the first side of the elongated body 12 towards the second end of the first post 12 (Figures 1-5).
As to claim 7, Wong discloses a fencing system wherein the first groove 24 extends along the first side of the elongated body 12 and does not extend to the first end of the first post 12 and the second end of the first post (Figures 1-5).
As to claim 8, Wong discloses a fencing system wherein the first groove 24 extends from the first side of the elongated body 12 to a second side of the elongated body opposite the first side (Figures 1-5).
As to claim 9, Wong discloses a fencing system wherein a second groove 24 is defined in a second side of the elongated body 12 (Figures 1-5).
As to claim 10, Wong discloses a fencing system wherein a second groove 24 is defined in the first side of the elongated body 12, wherein the second groove and the first groove 24 are different (Figures 1-5).
As to claim 11, Wong discloses a fencing system wherein the first groove 24 and the second groove 24 are substantially parallel to each other (Figures 1-5).
As to claim 12, Wong discloses a fencing system wherein a longitudinal axis is defined between the first end and the second end and the first groove 24 and the second groove 24 are defined along different portions of the longitudinal axis (Figures 1-5).
As to claim 14, Wong discloses a fencing system wherein the first side of the panel 20 comprises a third protrusion 22, wherein a gap is defined intermediate the third protrusion and the first protrusion 22 (Figures 1-5).
As to claim 15, Wong discloses a fencing system wherein the first post 12 is tubular (Figures 1-5).
As to claim 19, Wong discloses a fencing system comprising:
the second post 12 comprising:
a first end;
a second end; and
a second elongated body 12 extending from the first end to the second end, wherein the second groove 24 is defined in a first side of the second elongated body (Figures 1-5).
As to claim 20, Wong discloses a method of assembly of the fencing system, the method comprising:
engaging the first protrusion 22 of the panel 20 with the first groove 24 of the first post 12, thereby mechanically coupling the panel to the first post (Figures 1-5).
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 3 is rejected under 35 U.S.C. 103 as being unpatentable over Wong in view of Buckley (US 2010/0193756).
As to claim 3, Wong fails to disclose a fencing system comprising a gasket configured to engage the first groove and the first protrusion, and wherein the panel is configured to be coupled to the first post by a friction fit between the first protrusion, the gasket, and the first groove.
Buckley teaches a fencing system comprising a gasket configured to engage a first groove in a first post and a first end of a rail, and wherein the rail is configured to be coupled to the first post by a friction fit between the first end of the rail, the gasket, and the first groove; the friction gasket securely retaining the rail within the groove (Figures 23A-23J). Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the fencing system disclosed by Wong to comprise a friction gasket, as taught by Buckley, disposed between the first protrusion and the first groove, in order to securely retain the protrusion within the groove.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Wong in view of German (US 5,161,783).
As to claim 4, Wong fails to disclose a fencing system comprising an adhesive, wherein the panel is configured to be adhesively coupled to the first post by positioning the adhesive intermediate the first protrusion and the first groove and engaging the first protrusion with the first groove.
German teaches a fencing system comprising an adhesive, wherein a rail 30 is configured to be adhesively coupled to a first post 20 by positioning the adhesive intermediate a first end of the rail and a first groove 46 in the post and engaging the first end of the rail with the first groove; the adhesive securely retaining rail within the groove (Figure 2; C2 L49-53). Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the fencing system disclosed by Wong to comprise an adhesive, as taught by German, disposed between the first protrusion and the first groove, in order securely retain the first protrusion within the first groove.
Conclusion
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).
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04/17/26
/MICHAEL P FERGUSON/Primary Examiner, Art Unit 3619
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