DETAILED ACTION
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 .
Examiner acknowledges the response filed 7/14/2026. Claims 1-8 remain pending in the application.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 3 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 3 claims “a breaking load of the attachment wire net is smaller than the breaking load of the plane member” which is exactly the limitation at the end of claim 1. Therefore, this claim fails to further limit claim 1.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Rejections - 35 USC § 102
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 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 1-5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP 2021-165507, hereafter ‘507.
Re Clms 1 and 3: ‘507 discloses a common-use rockfall protection and avalanche prevention fence, comprising: terminal struts (vertical post 11) installed at respective ends of the prevention fence (see figs 13 and 14); a plane member (“reinforcing wire mesh” 13 or 12-2) fixed to the terminal struts (11) and deployed between the terminal struts ; an intermediate strut (16) disposed between the terminal struts; and an attachment wire net (“connecting wire mesh” 12) extending around the intermediate strut (fig 13 shows an alternative embodiment where “12” encircles the intermediate strut 16) for fixedly attaching the plane member (13) to the intermediate strut (14), a breaking load of fixing of the attachment wire net being smaller than a breaking load of the plane member (Examiner notes that paragraph 0040 discloses the plane member 13 could be the same as attachment wire net 12, but plane member 13 could be made of a high-strength wire mesh (with a higher breaking load) in high-strength applications. Examiner notes that paragraph 0040 discloses that the intermediate strut (14) and the attachment wire net (12) are attached with coupling coil “C”, fixedly attaching the plane member (13) to the strut (14).
Re Clm 2: ‘507 discloses wherein when receiving a snow pressure due to accumulated snow, sliding of the plane member with respect to the intermediate strut is suppressed by the attachment wire net, and wherein when receiving predetermined collision energy at a time of collision of a rockfall, fixing by the attachment wire net is broken, and the plane member is configured to slide with respect to the intermediate strut. Examiner notes that the sliding of plane member 13 against intermediate strut 14 happens when attachment wire net 12 is broken due to energy from the rockfall.
Re Clm 4: ‘507 discloses comprising an attachment member (coil “C”) for attaching the attachment wire net to the plane member, wherein a breaking load (disclosed as 1230 N/mm^2) of the attachment member is smaller than the breaking load of the plane member (disclosed as 1400 N/mm^2).
Re Clm 5: ‘507 discloses wherein the breaking load of fixing of the attachment wire net is adjusted by an attachment range of the attachment wire net in an up-down direction. Examiner notes that the configuration, locations, and amount of attachment of the attachment wire net in an up-down would indeed result in a change/adjustment of the breaking load of the fixing of the attachment wire net.
Allowable Subject Matter
Claims 6-8 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include 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: Examiner notes that the prior art does not provide for a backup wire net, attached to the plane member.
Response to Arguments
Applicant's arguments filed 7/14/2026 have been fully considered but they are not persuasive.
Applicant argues on the bottom of page 6 to the top of page 7 that the mesh “12” of JP ‘507 does not extend around the intermediate strut. Examiner disagrees and notes that element 16 is also an intermediate strut that is between terminal struts 11. Figure 13 clearly shows a configuration of the fence where a connecting wire mesh 12 encircles and “extends around” the intermediate strut 16.
Allowable Subject Matter
Claims 6-8 remain 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.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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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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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/JONATHAN P MASINICK/Primary Examiner, Art Unit 3678
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