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 . Claims 1-20 of the claim set received 05/02/2024 are pending.
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 “plurality of advertising material” of claims 9 and 16 and the “advertising material” of claim 20 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.
Claim Objections
Claim 12 is objected to because of the following informalities: “a first barrier frame and a second barrier frame” should be written “the first barrier frame and the second barrier frame” for consistency with base claim 10. Appropriate correction is required.
Claim 17 is objected to because of the following informalities: “each of the at least one barrier frame assemblies” should be written “each of the at least one barrier frame assembly” for consistency with base claim 10. 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 4-8 and 19 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.
Claims 4 and 5 each recite “a first barrier frame and a second barrier frame” where it is unclear how or if these barrier frames relate to the at least one barrier frame assembly of base claim 1.
Claims 6-8 are rejected as dependent on claim 5.
Claim 19 recites “a top cover portion” where it is unclear if this is the top cover portion introduced in claim 18 or is a different structure.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-8 and 10-15 are rejected under 35 U.S.C. 103 as being unpatentable over McShane (US 4,356,999) in view of Margolin (US 2015/0306435).
Regarding Claim 1, McShane discloses in Figs. 1-7, a fire suppression parking barrier (comprised of units 2) comprising:
at least one barrier frame assembly 2.
McShane does not disclose a fire suppression material slidingly engaged over the at least one barrier assembly; and a cover slidingly engaged over the fire suppression material.
Margolin discloses in Fig. 14, at least one barrier frame assembly 1450 similar to that disclosed by McShane. Margolin teaches in Figs. 2A and 2C, a curtain 110 a fire suppression material 235 slidingly engaged over the at least one barrier assembly (see Figs. 14A and 14B the material being incorporated into the drape 1460 which slidingly engages as shown in the figures) and a cover 240 slidingly engaged over the fire suppression material 235 (see Figs. 14A and 14B the cover being incorporated into the drape 1460 which slidingly engages as shown in the figures).
It would have been obvious to one of ordinary skill in the art at the time of filing to have modified the barrier frame assembly of McShane to include the drape 110 including the suppression material and the cover taught by Margolin in order to protect whatever objects or people which are located on the other side of the barrier from fire (Margolin para. 0083). The combination supporting the preamble intended use of preventing the spread of a vehicle fire.
Regarding Claims 2 and 3, McShane in view of Margolin teaches the claimed invention as discussed above. Margolin teaches the fire suppression material of the combination including wherein the fire suppression material is configured to suppress fire created by an electric vehicle and wherein the fire suppression material is capable to suppressing a fire having a temperature of at least 25000 Fahrenheit (see materials defining the fire suppression material 235 in para. 0048; from the instant application specification para. 0035: “the fire suppression material can be constructed of any known material in the arts which are used as a fire blanket or similar fire suppression device”).
Regarding Claim 4, McShane in view of Margolin teaches the claimed invention as discussed above. McShane further discloses wherein a first barrier frame 2 and a second barrier frame 2 are connected to one another (as shown in Fig. 5).
Regarding Claim 5, McShane in view of Margolin teaches the claimed invention as discussed above. McShane further discloses wherein a first barrier frame 2 is connected to a second barrier 2 frame using one or more connection members 22 to releasably engage to one or more receivers 24 (see Fig. 5).
Regarding Claim 6, McShane in view of Margolin teaches the claimed invention as discussed above. McShane further discloses wherein the one or more connection members 22 are provided on a first side (left side as shown in Figs. 5 and 6) of a body portion (body of barrier frame 2).
Regarding Claim 7, McShane in view of Margolin teaches the claimed invention as discussed above. McShane further discloses wherein the one or more receivers 24 are provided on a second side (right side as shown in Figs. 5 and 6) of the body portion.
Regarding Claim 8, McShane in view of Margolin teaches the claimed invention as discussed above. McShane further discloses wherein the one or more receivers 24 each include an aperture to each receive the one or more connection members 22 (see Figs. 5-7).
Regarding Claim 10, McShane discloses in Figs. 1-7, a fire suppression parking barrier comprising:
at least one barrier frame assembly 2 including a first barrier frame and a second barrier frame 2 (see Figs. 1 and 2).
McShane does not disclose a fire suppression material slidingly engaged over the at least one barrier assembly; and a cover slidingly engaged over the fire suppression material.
Margolin discloses in Fig. 14, at least one barrier frame assembly 1450 similar to that disclosed by McShane. Margolin teaches in Figs. 2A and 2C, a curtain 110 a fire suppression material 235 slidingly engaged over the at least one barrier assembly (see Figs. 14A and 14B the material being incorporated into the drape 1460 which slidingly engages as shown in the figures) and a cover 240 slidingly engaged over the fire suppression material 235 (see Figs. 14A and 14B the cover being incorporated into the drape 1460 which slidingly engages as shown in the figures).
It would have been obvious to one of ordinary skill in the art at the time of filing to have modified the barrier frame assembly of McShane to include the drape 110 including the suppression material and the cover taught by Margolin in order to protect whatever objects or people which are located on the other side of the barrier from fire (Margolin para. 0083). The combination supporting the intended use of preventing the spread of a vehicle fire.
Regarding Claim 11, McShane in view of Margolin teaches the claimed invention as discussed above. Margolin teaches the fire suppression material of the combination including wherein the fire suppression material is configured to suppress fire created by an electric vehicle causing a fire to burn at temperature of at least 25000 Fahrenheit (see materials defining the fire suppression material 235 in para. 0048; from the instant application specification para. 0035: “the fire suppression material can be constructed of any known material in the arts which are used as a fire blanket or similar fire suppression device”).
Regarding Claim 12, McShane in view of Margolin teaches the claimed invention as discussed above. McShane further discloses wherein a first barrier frame 2 and a second barrier frame 2 are connected to one another via one or more connection members 22 to releasably engage to one or more receivers 24 (see Figs. 5-8).
Regarding Claim 13, McShane in view of Margolin teaches the claimed invention as discussed above. McShane further discloses wherein the one or more connection members 22 are provided on a first side (left side as shown in Figs. 5 and 6) of a body portion (body of barrier frame 2).
Regarding Claim 14, McShane in view of Margolin teaches the claimed invention as discussed above. McShane further discloses wherein the one or more receivers 24 are provided on a second side (right side as shown in Figs. 5 and 6) of the body portion.
Regarding Claim 15, McShane in view of Margolin teaches the claimed invention as discussed above. McShane further discloses wherein the one or more receivers 24 each include an aperture to each receive the one or more connection members 22 (see Figs. 5-7).
Claims 9 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over McShane (US 4,356,999) in view of Margolin (US 2015/0306435) and further in view of Evers (US D447,181).
Regarding Claim 9, McShane in view of Margolin teaches the claimed invention as discussed above but does not disclose wherein the cover includes a plurality of advertising material.
Evers discloses in Figs. 1 and 2, a cover for a barrier frame assembly. Evers teaches in the same figures, the cover includes a plurality of advertising material (see LOGO).
It would have been obvious to one of ordinary skill in the art at the time of filing to have modified McShane in view of Margolin such that the cover includes a plurality of advertising material as taught by Evers in order to enable advertisement.
Regarding Claim 16, McShane in view of Margolin teaches the claimed invention as discussed above but does not disclose wherein the cover includes a plurality of advertising material.
Evers discloses in Figs. 1 and 2, a cover for a barrier frame assembly. Evers teaches in the same figures that the cover includes a plurality of advertising material (see LOGO).
It would have been obvious to one of ordinary skill in the art at the time of filing to have modified McShane in view of Margolin such that the cover includes a plurality of advertising material as taught by Evers in order to enable advertisement.
Claims 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over McShane (US 4,356,999) in view of Margolin (US 2015/0306435), Evers (US D447,181), and Doublet (US 6,647,016).
Regarding Claim 17, McShane in view of Margolin and Evers teaches the claimed invention as applied to claim 16 but does not disclose wherein each of the at least one barrier frame assemblies includes a plurality of legs.
Doublet teaches in Figs. 1 and 8, at least one barrier frame 1 including a first barrier frame 17 and a second barrier frame 18 wherein each of the of the at least one barrier frame assemblies includes a plurality of legs 19-21.
It would have been obvious to one of ordinary skill in the art at the time of filing to have modified McShane further such that each of the at least one barrier frame assembly includes a plurality of legs as taught by Doublet in order to provide added stability to the at least one barrier frame assembly (Doublet col. 1, ll. 19-23).
Regarding Claims 18 and 19, McShane in view of Margolin, Evers, and Doublet teaches the claimed invention as discussed above. McShane teaches in Figs. 2A-2C, the drape of the combination including the fire suppression material 235 and the cover 240, each having a first surface and a second surface as any sheet of material has and wherein the fire suppression material and the cover respective surfaces are integrally connected to a top portion (the top end of the drape as shown in Figs. 14A and 14B).
cover surface and a second cover surface integrally connected to a top cover portion.
Regarding Claim 20, McShane discloses in Figs. 1-7, a fire suppression parking barrier comprising:
at least one barrier frame assembly 2 including a first barrier frame and a second barrier frame 2 (see Figs. 1 and 2).
McShane does not disclose wherein each of the first barrier frame and the second barrier frame include a plurality of legs to retain the at least one barrier frame assembly in an upright position; a fire suppression material slidingly engaged over the at least one barrier assembly to prevent the spread of a fire between vehicles parked in a parking area; and a cover slidingly engaged over the fire suppression material, the cover to display advertising material thereon.
Doublet teaches in Figs. 1 and 8, at least one barrier frame 1 including a first barrier frame 17 and a second barrier frame 18 wherein each includes a plurality of legs 19-21 to retain the at least one barrier frame assembly in an upright position.
It would have been obvious to one of ordinary skill in the art at the time of filing to have modified McShane such that each of the at least one barrier frame assembly includes a plurality of legs as taught by Doublet in order to provide added stability to the at least one barrier frame assembly (Doublet col. 1, ll. 19-23).
Margolin discloses in Fig. 14, at least one barrier frame assembly 1450 similar to that disclosed by McShane. Margolin teaches in Figs. 2A and 2C, a curtain 110 a fire suppression material 235 slidingly engaged over the at least one barrier assembly (see Figs. 14A and 14B the material being incorporated into the drape 1460 which slidingly engages as shown in the figures) and a cover 240 slidingly engaged over the fire suppression material 235 (see Figs. 14A and 14B the cover being incorporated into the drape 1460 which slidingly engages as shown in the figures).
It would have been obvious to one of ordinary skill in the art at the time of filing to have modified the barrier frame assembly of McShane to include the drape 110 including the suppression material and the cover taught by Margolin in order to protect whatever objects or people which are located on the other side of the barrier from fire (Margolin para. 0083). The fire suppression material and combination supporting the intended use of preventing the spread of a vehicle fire.
Evers discloses in Figs. 1 and 2, a cover for a barrier frame assembly. Evers teaches in the same figures the cover to display advertising material (see LOGO).
It would have been obvious to one of ordinary skill in the art at the time of filing to have modified McShane in view of Margolin such that the cover displays advertising material as taught by Evers in order to enable advertisement.
Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure can be found in the attached Notice of References Cited.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RENE D FORD whose telephone number is (571)272-8140. The examiner can normally be reached on M-F 9am-5pm.
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, Phutthiwat Wongwian can be reached on (571) 270-5426. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/R.D.F/Examiner, Art Unit 3741
/PHUTTHIWAT WONGWIAN/Supervisory Patent Examiner, Art Unit 3741