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 .
Status of the Claims
Claims 1, 3-6, 10-12, 15-16, 27, 29-31, 33-35, 38-39, and 43 are pending in the application.
Claims 2, 7-9, 13-14, 17-26, 28, 32, 36-37, 40-42, and 44-47 were previously canceled by Applicant.
Election/Restrictions
Applicant’s election without traverse of Species B (Figs. 6a-7f and 9-10c), corresponding to all of pending claims 1, 3-6, 10-12, 15-16, 27, 29-31, 33-35, 38-39, and 43, in the reply filed on 19 May 2026 is acknowledged.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
The use of the term multiple company and product names (see at least parags. [0081], [0087]-[0088], and [0090-0091]), which may be a trade name or a mark used in commerce, has been noted in this application. The term should be accompanied by the generic terminology; furthermore the term should be capitalized wherever it appears or, where appropriate, include a proper symbol indicating use in commerce such as ™, SM , or ® following the term.
Although the use of trade names and marks used in commerce (i.e., trademarks, service marks, certification marks, and collective marks) are permissible in patent applications, the proprietary nature of the marks should be respected and every effort made to prevent their use in any manner which might adversely affect their validity as commercial marks.
Drawings
The drawings are objected to because of the following informalities:
Color photographs and color drawings are not accepted in utility applications unless a petition filed under 37 CFR 1.84(a)(2) is granted. No such petition has been filed or granted and thus the use of photographs is not acceptable. The following drawings are objected to because they are either photographs or they contain excessive shading such that their reproduction is unclear upon publication (see US Patent Application Publication 2024/0344284):
Figs. 6b, 7b-9, and 10b-10c
In addition, the following figures are objected to because the ref. nos. and/or lead lines therein are not of sufficient weight and size, such that their reproduction is unclear upon publication:
Figs. 1-10c
The following figures are objected to because they include dimensions, which are not ref. nos. and thus should not be present in the figures:
Figs. 6a and 7a
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 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.
Claim, 12, 16, and 35 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 12: Claim 12 recites the limitation "the first horizontal beam" in lines 2-3. There is insufficient antecedent basis for this limitation in the claim.
For examination purposes, for this Office Action only, the Examiner will interpret this limitation as referring to the “first longitudinal beam” of claim 1.
Clarification and correction are required.
Re Claim 16: Claim 16 recites the limitation "the one or more electrical devices" in line 3. There is insufficient antecedent basis for this limitation in the claim.
For examination purposes, for this Office Action only, the Examiner will interpret claim 16 as though it depends from claim 15, rather than claim 1, since claim 15 provides proper antecedent basis for the “one or more electrical devices”.
Clarification and correction are required.
Re Claim 35: Claim 35 recites the limitation "the first horizontal beam" in line 3. There is insufficient antecedent basis for this limitation in the claim.
For examination purposes, for this Office Action only, the Examiner will interpret this limitation as referring to the “first longitudinal beam” of claim 27.
Clarification and correction are required.
Examiner notes that any prior art rejections made in this Office Action are made in view of the claims, as best understood by the Examiner, in view of the above indefiniteness rejections.
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 and 3-4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Horst (DE 20 2012 003 240, a copy of which was provided by Applicant with the IDS filed 30 April 2024, along with an English translation).
Re Claim 1: Horst discloses a road barrier module (see, for example, Fig. 34) comprising:
a first longitudinal beam (2c) comprising a first hollow portion along its length;
a second longitudinal beam (comprising the combination of L-profiles 2e and the lower section of vertical struts 2a; see annotated Fig. 34 below) disposed below the first longitudinal beam, the second longitudinal beam comprising a second hollow portion along its length;
a first upright (the upper section of vertical strut 2d; see annotated Fig. 34 below) connected to a first end of the first longitudinal beam and a first end of the second longitudinal beam;
a second upright (not shown in Fig. 34; the upper section of vertical strut 2d opposite the strut shown in Fig. 34) connected to a second end of the first longitudinal beam and a second end of the second longitudinal beam, the second longitudinal beam has a width that is greater than any of the first upright and second upright;
a connection system (2ab) disposed on the first upright and the second upright, the connection system constructed and arranged to provide for mechanical connections to adjacent road barrier modules; and
protective elements (2d) spanning the length of the first longitudinal beam and second longitudinal beam and connected to the first upright and second upright.
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Re Claim 3: Horst discloses a road barrier module (see Fig. 34), wherein the second longitudinal beam (comprising the combination of L-profiles 2e and the lower section of vertical struts 2a; see annotated Fig. 34 above) has an outward tapered profile (see Fig. 345b).
Re Claim 4: Horst discloses a road barrier module (see Fig. 34), wherein the protective elements (2d) are connected to the outward tapered profile of the second longitudinal beam (see Fig. 34b).
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.
Claims 5-6, 10-12, and 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Horst (DE 20 2012 003 240), as applied to claims 1 and 3-4 above, in view of Alsaffar (US Patent 8,545,126).
Re Claims 5-6: Horst, as discussed for claim 1 above, discloses a module significantly as claimed except for further comprising a source of electrical power disposed in the first longitudinal beam or second longitudinal beam (as is required by claim 5); and wherein the source of power comprises a connection to an electrical grid or photovoltaic panel (as is required by claim 6).
Alsaffar teaches the use of a road barrier module (10) comprising a first longitudinal portion (the upper portion, including lights 54 and resilient electrical cord 48) comprising a first hollow portion (22) along its length; a second longitudinal portion (the lower portion, including spring 24); and a connection system (50, 52, 36); and further comprising a source (48) of electrical power disposed in the first longitudinal portion or second longitudinal portion; and wherein the source of power (48) comprises a connection to an electrical grid or photovoltaic panel (58; Figs. 1 and 4), for the purpose of providing electrical power for accessories for the module.
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Horst, with a reasonable expectation of success, such that it further comprises a source of electrical power disposed in the first longitudinal beam or second longitudinal beam (as is required by claim 5); and wherein the source of power comprises a connection to an electrical grid or photovoltaic panel (as is required by claim 6), as taught by Alsaffar, for the purpose of providing electrical power for accessories for the module.
Re Claims 10: Horst, as discussed for claim 1 above, discloses a module significantly as claimed except wherein the connection system further provides electrical continuity between adjacent modules.
Alsaffar teaches the use of a road barrier module comprising a first longitudinal portion (the upper portion, including lights 54 and resilient electrical cord 48) comprising a first hollow portion (22) along its length; a second longitudinal portion (the lower portion, including spring 24); and a connection system (50, 52, 36); and further wherein the connection system further provides electrical continuity (“The two connectors 50 and 52 mate with one another both mechanically and electrically”; see Col. 3 lines 33-34) between adjacent modules (10), for the purpose of providing electrical power for accessories for the module.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Horst, with a reasonable expectation of success, such that the connection system further provides electrical continuity between adjacent modules, as taught by Alsaffar, for the purpose of providing electrical power for accessories for the module.
Re Claims 11-12, as best understood by the Examiner: Horst, as discussed for claim 1 above, discloses a module significantly as claimed except for further comprising one or more lighting devices positioned on the first longitudinal beam, second longitudinal beam, or the protective elements (as is required by claim 11); and wherein the one or more lighting devices are positioned horizontally along the protective elements or along the first horizontal beam (as is required by claim 12).
Alsaffar teaches the use of a road barrier module comprising a first longitudinal portion (the upper portion, including lights 54 and resilient electrical cord 48) comprising a first hollow portion (22) along its length; a second longitudinal portion (the lower portion, including spring 24); and a connection system (50, 52, 36); and further comprising one or more lighting devices (54; Fig. 1) positioned on the first longitudinal portion; and wherein the one or more lighting devices (54) are positioned horizontally along the first longitudinal portion (see Fig. 1), for the purpose of providing lighting/visibility for the module.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Horst, with a reasonable expectation of success, such it further comprises one or more lighting devices positioned on the first longitudinal beam, second longitudinal beam, or the protective elements (as is required by claim 11); and wherein the one or more lighting devices are positioned horizontally along the protective elements or along the first horizontal beam (as is required by claim 12), as taught by Alsaffar, for the purpose of providing lighting/visibility for the module.
Re Claims 15-16, as best understood by the Examiner: Horst, as discussed for claim 1 above, discloses a module significantly as claimed except for further comprising one or more lighting devices positioned on the first longitudinal beam, further comprising one or more electrical devices attached to the first longitudinal beam, second longitudinal beam, or the protective elements (as is required by claim 15); and wherein the first hollow portion of the first longitudinal beam or the second hollow portion of the second longitudinal beam are constructed and arranged to house the one or more electrical devices (as is required by claim 16).
Alsaffar teaches the use of a road barrier module comprising a first longitudinal portion (the upper portion, including lights 54 and resilient electrical cord 48) comprising a first hollow portion (22) along its length; a second longitudinal portion (the lower portion, including spring 24); and a connection system (50, 52, 36); and further comprising one or more electrical devices (48) attached to the first longitudinal portion; and wherein a first hollow portion (22) of the first longitudinal portion is constructed and arranged to house the one or more electrical devices (48), for the purpose of providing electrical power for accessories for the module.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Horst, with a reasonable expectation of success, such it further comprises one or more lighting devices positioned on the first longitudinal beam, further comprising one or more electrical devices attached to the first longitudinal beam, second longitudinal beam, or the protective elements (as is required by claim 15); and wherein the first hollow portion of the first longitudinal beam or the second hollow portion of the second longitudinal beam are constructed and arranged to house the one or more electrical devices (as is required by claim 16), as taught by Alsaffar, for the purpose of providing electrical power for accessories for the module.
Claims 27, 29-31, 33-35, 38-39, and 43 are rejected under 35 U.S.C. 103 as being unpatentable over Horst (DE 20 2012 003 240) in view of Zhang (CN 103374892, a copy of which is attached herewith, along with a machine-generated English translation) and Volkmann (DE 102 29 051, a copy of which is attached herewith, along with a machine-generated English translation).
Re Claim 27: Horst discloses a road barrier system (see, for example, Fig. 34) comprising:
one or more road barrier modules (2), each module comprising:
a first longitudinal beam (2c) comprising a first hollow portion along its length;
a second longitudinal beam (comprising the combination of L-profiles 2e and the lower section of vertical struts 2a; see annotated Fig. 34 above) disposed below the first longitudinal beam, the second longitudinal beam comprising a second hollow portion along its length;
a first upright (the upper section of vertical strut 2d; see annotated Fig. 34 above) connected to a first end of the first longitudinal beam and a first end of the second longitudinal beam;
a second upright (not shown in Fig. 34; the upper section of vertical strut 2d opposite the strut shown in Fig. 34) connected to a second end of the first longitudinal beam and a second end of the second longitudinal beam, the second longitudinal beam has a width that is greater than any of the first upright and second upright;
a connection system (2ab) disposed on the first upright and the second upright, the connection system constructed and arranged to provide for mechanical connections to adjacent road barrier modules; and
protective elements (2d) spanning the length of the first longitudinal beam and second longitudinal beam and connected to the first upright and second upright.
Horst does not explicitly disclose the following:
one or more lighting devices operatively connected to the module;
one or more electrical devices positioned to measure one or more parameters around the module;
a photovoltaic panel disposed on a top surface of the module operatively coupled to the one or more lighting devices or the one or more electrical devices; and
a control unit constructed and arranged to operate the one or more lighting devices and the one or more electrical devices.
Re limitations (i), (iii), and (iv): Zhang teaches the use of a modular road barrier system comprising one or more road barrier modules (see Figs. 1-2) comprising a first longitudinal portion (the upper portion); a second longitudinal portion (the lower portion); and further comprising one or more lighting devices (3) operatively connected to the module; a photovoltaic panel (1) disposed on a top surface of the module operatively coupled to the one or more lighting devices (3); and a control unit (4) constructed and arranged to operate the one or more lighting devices (3), for the purpose of providing and controlling accessories for the module.
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Horst, with a reasonable expectation of success, such that it further comprises one or more lighting devices operatively connected to the module; a photovoltaic panel disposed on a top surface of the module operatively coupled to the one or more lighting devices or the one or more electrical devices; and a control unit constructed and arranged to operate the one or more lighting devices and the one or more electrical devices, as taught by Zhang, for the purpose of providing and controlling accessories for the module.
Re limitation (ii): Volkmann teaches the use of a modular road barrier system comprising one or more road barrier modules (6) comprising a first longitudinal beam (12); a second longitudinal beam (14); a connection system (16); and further comprising one or more electrical devices (for example, “data lines for sensor and/or guidance and/or warning devices”; see parag. [0032] of the attached translation; see at least supply lines 22, 23) positioned to measure one or more parameters around the module, for the purpose of measuring and/or transmitting information regarding the surroundings of the system.
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the device of Horst, with a reasonable expectation of success, such that it further comprises one or more electrical devices positioned to measure one or more parameters around the module, as taught by Volkmann, for the purpose of measuring and/or transmitting information regarding the surroundings of the system
Re Claim 29: Horst further discloses a system (see Fig. 34), wherein the second longitudinal beam (comprising the combination of L-profiles 2e and the lower section of vertical struts 2a; see annotated Fig. 34 above) of each module has an outward tapered profile (see Fig. 345b).
Re Claim 30: Horst further discloses a system (see Fig. 34), wherein the protective elements (2d) are connected to the outward tapered profile of the second longitudinal beam (see Fig. 34b).
Re Claim 31: Zhang further teaches the use of a modular road barrier system comprising one or more road barrier modules (see Figs. 1-2), wherein each module further comprises a connection to an electrical grid or a battery (5), for the purpose of providing electrical power.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the device of Horst, with a reasonable expectation of success, such that each module further comprises a connection to an electrical grid or a battery, as taught by Zhang, for the purpose of providing electrical power.
Re Claim 33: Volkmann further teaches the use of a modular road barrier system comprising one or more road barrier modules (6), wherein the connection system of each module further provides electrical continuity (for example, via supply lines 21/22) between adjacent modules (6), for the purpose of providing electrical power.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the device of Horst, with a reasonable expectation of success, such that the connection system of each module further provides electrical continuity between adjacent modules, as taught by Volkmann, for the purpose of providing electrical power.
Re Claims 34-35, as best understood by the Examiner: Zhang further teaches the use of a modular road barrier system comprising one or more road barrier modules (see Figs. 1-2), wherein the one or more lighting devices (3) of each module are positioned on the first longitudinal portion; and wherein the one or more lighting devices (3) of each module are positioned horizontally along the first horizontal portion of each module, for the purpose of providing lighting/visibility for the module.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the device of Horst, with a reasonable expectation of success, such that the one or more lighting devices of each module are positioned on the first longitudinal beam, second longitudinal beam, or the protective elements (as is required by claim 34); and wherein the one or more lighting devices of each module are positioned horizontally along the protective elements of each module or horizontally along the first horizontal beam of each module (as is required by claim 35), as taught by Zhang, for the purpose of providing lighting/visibility for the module.
Re Claim 38: Volkmann further teaches the use of a modular road barrier system comprising one or more road barrier modules (6), wherein the one or more electrical devices (for example, “data lines for sensor and/or guidance and/or warning devices”; see parag. [0032] of the attached translation; see at least supply lines 22, 23) are positioned on the first longitudinal beam (12) of each module, for the purpose of measuring and/or transmitting information regarding the surroundings of the system.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the device of Horst, with a reasonable expectation of success, such that the one or more electrical devices are positioned on the first longitudinal beam, second longitudinal beam, or the protective elements of each module, as taught by Volkmann, for the purpose of measuring and/or transmitting information regarding the surroundings of the system.
Re Claim 39: Volkmann further teaches the use of a modular road barrier system comprising one or more road barrier modules (6), wherein a first hollow portion (see Figs. 2-4) of the first longitudinal beam (12) of each module are constructed and arranged to house the one or more electrical devices (for example, “data lines for sensor and/or guidance and/or warning devices”; see parag. [0032] of the attached translation; see at least supply lines 22, 23), for the purpose of measuring and/or transmitting information regarding the surroundings of the system.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the device of Horst, with a reasonable expectation of success, such that the first hollow portion of the first longitudinal beam or the second hollow portion of the first longitudinal beam of each module are constructed and arranged to house the one or more electrical devices, as taught by Volkmann, for the purpose of measuring and/or transmitting information regarding the surroundings of the system.
Re Claim 43: Volkmann further teaches the use of a modular road barrier system comprising one or more road barrier modules (6), wherein a control unit (27) is constructed and arranged to operate one or more lighting devices (32) responsive to a measurement of a parameter from one or more sensors (for example, “data lines for sensor and/or guidance and/or warning devices”; see parag. [0032] of the attached translation; see at least supply lines 22, 23), for the purpose of measuring and/or transmitting information regarding the surroundings of the system.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the device of Horst, with a reasonable expectation of success, such that the control unit is constructed and arranged to operate the one or more lighting devices responsive to a measurement of a parameter from one or more sensors, as taught by Volkmann, for the purpose of measuring and/or transmitting information regarding the surroundings of the system.
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 MATTHEW R MCMAHON whose telephone number is (571)270-3067. The examiner can normally be reached Mon-Fri 9am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amber Anderson can be reached at (571) 270-5281. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW R MCMAHON/ Primary Examiner, Art Unit 3678
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