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 .
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 1-5, 7-15, and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over EP 2 725 171, hereafter ‘171 in view of Fakhari (US 2019/0234103) and Walker et al. (US 2018/0274262).
Re Clms 1 and 7-8: ‘171 discloses a safety barrier (safety barrier as shown in figure 1) comprising a first barrier panel (barrier panel, fence panel 10, Fig. 1), the first barrier panel comprising: a first rail (12) extending along a first longitudinal axis and comprising a first plurality of apertures spatially distributed along the first longitudinal axis (see fig 1), each aperture extending entirely through the first rail (see fig 2); a second rail (11) extending along a second longitudinal axis and comprising a second plurality of apertures spatially distributed along the second longitudinal axis (each having apertures extending entirely therethrough, Figs. 1, 2; "The ends of these bars 13 pass through apertures formed in each of these cross members 11, 12."); and, a plurality of barrier members (13), each barrier member extending along a corresponding longitudinal axis (see fig 1); at least two longitudinally extending frame members (14, 15), each having a proximal end configured to be coupled to a corresponding end of the first rail and a distal end configured to be coupled to a corresponding end of the second rail (see fig 1); wherein the at least two frame members are coupled to opposing ends of the second rail such that the first longitudinal axis and the second longitudinal axis are substantially parallel and spaced apart (fig 1).
‘171 fails to disclose a longitudinally extending closure member selectively operable between a locked mode, in which the closure member is releasably coupled to the first rail such that the closure member is obstructing the first plurality of apertures, and further configured to be operated into an unlocked mode such that the closure member is not obstructing the first plurality of apertures, wherein:
when the at least two frame members are coupled to opposing ends of the second rail such that the first longitudinal axis and the second longitudinal axis are substantially parallel and spaced apart, and each of the plurality of barrier members are disposed through one of the first plurality of apertures and into a corresponding one of the second plurality of apertures, and the closure member is operated into the locked mode, then the plurality of barrier members are releasably captured between the first rail and the second rail and are spatially distributed along the first longitudinal axis and the second longitudinal axis to form a barrier, and when the closure member is operated from the locked mode into the unlocked mode, then the plurality of barrier members are individually releasable from the first rail and the second rail without tools at least by withdrawing a selected barrier member through the corresponding aperture in the first plurality of apertures until the selected barrier member is released from the corresponding aperture in the second plurality of apertures.
Fakhari teaches the use of a safety barrier having at least two longitudinally extending frame members (33, 34), each having a proximal end configured to be coupled to a corresponding end of the first rail (top rail 35) and a distal end configured to be coupled to a corresponding end of the second rail (bottom rail 36); when the at least two frame members are coupled to opposing ends of the second rail such that the first longitudinal axis and the second longitudinal axis are substantially parallel and spaced apart (spaced, parallel frame members, side rails 33, 34, at ends of rails 35, 36, Fig. 1). It would have been obvious to one having ordinary skill in the art before the effective filing date of the present invention to have modified ‘171 to provide frame members at respective ends of the cross members, the motivation being to form a more rigid barrier as well as to hold the cross members in a fixed, relative position while the bars are attached.
‘171 also fails to explicitly disclose a longitudinally extending closure member configured to be releasably coupled to the first rail in a locked mode obstructing the first plurality of apertures, and further configured to be operated into an unlocked mode not obstructing the first plurality of apertures wherein: each of the plurality of barrier members are disposed through one of the first plurality of apertures and into a corresponding one of the second plurality of apertures, and the closure member is operated into the locked mode, then the plurality of barrier members are releasably captured between the first rail and the second rail and are spatially distributed along the first longitudinal axis and the second longitudinal axis to form a barrier, and when the closure member is operated from the locked mode into the unlocked mode, then the plurality of barrier members are individually releasable from the first rail and the second rail without tools at least by withdrawing a selected barrier member through the corresponding aperture in the first plurality of apertures until the selected barrier member is released from the corresponding aperture in the second plurality of apertures.
Walker et al. teach a longitudinally extending closure member (24 with 26) configured to be releasably coupled to a first rail in a locked mode (when attached) obstructing a first plurality of apertures (where top of barrier member picket 16 is inserted), and further configured to be operated into an unlocked mode not obstructing the first plurality of apertures (unattached) wherein: each of the plurality of barrier members are disposed through one of the first plurality of apertures and into a corresponding one of the second plurality of apertures (barrier members, pickets 16, disposed in gaps 34 and 134, Figs. 10, 11, 16), and the closure member is operated into the locked mode, then the plurality of barrier members are releasably captured between the first rail and the second rail and are spatially distributed along the first longitudinal axis and the second longitudinal axis to form a barrier, and when the closure member is operated into the unlocked mode, then the plurality of barrier members are individually releasable from the first rail and the second rail without tools by withdrawing a selected barrier member through the corresponding aperture in the first plurality of apertures until the selected barrier member is released from the corresponding aperture in the second plurality of apertures (side portion 26 is operated between locked mode, Figs, 12, 16, and an unlocked mode, Figs. 11, 13). It would have been obvious to one having ordinary skill in the art before the effective filing date of the present invention to have further modified ‘171 with the teaching of Walker et al. with a reasonable expectation of success, where the top cross member is replaced with the cover portion and with the side portion, thereby locking the bars/pickets in the rails, the motivation being to permit easy replacement of bars.
Re Clms 2 and 10: ‘171 as modified above disclose a coupling member having a first coupling aperture at a first end and a second coupling aperture at a second end configured such that (coupling, body 23 with ring 24 on both sides of, and including, post 15, ring 24 defining an aperture, Fig. 3): when the coupling member is brought into register with the first barrier panel and at least one of the plurality of barrier members are operated through the corresponding aperture of the first plurality of apertures in the first rail, through the first coupling aperture of the coupling member, and into a corresponding aperture of the second plurality of apertures in the second rail, and a barrier member of a second barrier panel is operated through a third rail of the second barrier panel, through the second coupling aperture of the coupling member, and into a fourth rail of the second barrier panel, then the first barrier panel and the second barrier panel are releasably coupled together (bars 13 on ends of cross members 11, 12 on two, adjacent fence panels 10, are operated through respective rings 24, one of which is illustrated in Fig. 3).
Re Clm 3 and 11-12: ‘171 as modified above discloses wherein: at least one of: the first rail, and the second rail, comprises a cross-section defining a lumen (cavity, end opening of rails) extending from a distal end and from a proximal end of the rail (cross members 12, 13 are hollow), such that the rail is configured to receive a coupling member (body 23 and ring 24, Fig. 3) into the lumen such that, when a coupling aperture through the coupling member (ring 24, Fig. 3) is operated into register with at least one aperture of the first plurality of apertures and the second plurality of apertures (first rail, cross member 11; second rail, cross member 12, each having apertures extending entirely therethrough, Figs. 1, 2), and at least one locking barrier member of the plurality of barrier members is operated through the first rail and into the second rail, including through the at least one aperture and through the coupling aperture, then the locking barrier member releasably couples the first barrier panel to the coupling member (body 23 and ring 24 are inserted into the hollow ends of cross members 11, 12, and end most bars, i.e. locking barrier, are operated through the apertures and rings, Fig. 3; a ring 24 to be received within the corresponding crossbar and is positioned opposite an opening of said cross member 11, 12 to receive and thus be made integral with the portion of a bar 13 received in the cross member).
Re Clm 4 and 13: ‘171 as modified above disclose wherein at least one of the frame members is fixedly coupled to the coupling member (spaced, parallel frame members, side rails 33, 34, at ends of rails 35, 36, as taught by Fakhari, Fig. 1, would be fixedly coupled to body 23 and ring 24 of Lippi via the rigid, interconnected components, Fig. 3).
Re Clm 5 and 14: ‘171 fails to explicitly disclose a third rail extending along a third longitudinal axis, the third rail comprising a third plurality of apertures spatially distributed along the third longitudinal axis, wherein the third rail is configured to be disposed between the first rail and the second rail with the plurality of barrier members disposed through corresponding apertures of the third plurality of apertures. Examiner notes that both secondary references, especially Walker et al., show a third rail extending along a third longitudinal axis, the third rail comprising a third plurality of apertures spatially distributed along the third longitudinal axis, wherein the third rail is configured to be disposed between a first rail and a second rail with a plurality of barrier members disposed through corresponding apertures of the third plurality of apertures (third rail, middle rail 200, having apertures, openings 202, receiving pickets 16, Figs. 10, 11). It would have been obvious to one having ordinary skill in the art before the effective filing date of the present invention to have modified ‘171 with the teaching of a middle third rail provided, as taught by Walker et al. with a reasonable expectation of success, for the purpose of providing a sturdier fence.
Re Clm 9: ‘171 as modified above discloses wherein the closure member is hingedly coupled to the first rail (as taught by Walker et al., see figs 10, 12, 14, 18 for hingedly attaching closure members together with top rail).
Re Clm 15: Examiner notes that ‘171 as modified above fails to disclose. Examiner further notes, however, that Fakhari further teaches a gate panel (fig 1, see gate 53) having a plurality of coupling members (for example 71, 73) extending from at least one side, the coupling members to couple to the first and second rails of the barrier panel (see Fakhari, fig 1).
Re Clm 18: Examiner notes that Walker et al. further teach an accessory (Walker et al., see structural member 200) having at least a first aperture (202) such that, when a barrier member of the plurality of barrier members is passed through the first aperture and disposed in the first rail and the second rail, then the accessory is releasably coupled to the barrier panel (see figs). It would have been obvious to one having ordinary skill in the art before the effective filing date of the present invention to have modified ‘171 with the teaching of providing an accessory as claimed, as taught by Walker et al. with a reasonable expectation of success, for the purpose of providing a support ledge.
Re Clm 19: ‘171 as modified above disclose wherein the accessory comprises a hay rack. Examiner notes that the support ledge/rail member 200 constitutes a hay rack (a structure capable of holding or supporting hay).
Allowable Subject Matter
Claims 6, 16, 17, and 20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The following is a statement of reasons for the indication of allowable subject matter:
Re Clm 6, 16, and 17: the prior art discloses a gate hingedly and releasably coupled to the gate panel, but fail to disclose it is releasably coupled by a removable barrier member extending through at least two apertures in the gate panel and at least one aperture in the gate.
Re Clm 20: the prior art discloses similar feeders, but fails to disclose wherein at least one of the upper and lower frame members of the feeder are configured to releasably coupled to the safety barrier by at least one of the plurality of barrier members being disposed through the at least one of the upper and lower frame members.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN PETER MASINICK whose telephone number is (571)270-3060. The examiner can normally be reached Monday-Friday 8a-5p EST.
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/JONATHAN P MASINICK/ Primary Examiner, Art Unit 3678