DETAILED ACTION
Information Disclosure Statement
The information disclosure statement filed 18 December 2024 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. In addition to the two GB references not being included, the DE reference included incorrect information; however, this reference was included in the subsequent information disclosure statement, where it has been considered. It has been placed in the application file, but two GB references referred to therein have not been considered.
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 52 is 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.
The recitations of “that” and “its” in claim 52 are vague terms that must be replaced by positive recitations of specific elements, due to the equivocal nature of the terms.
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 47-49, 51-54 and 58 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Morrish et al. (U.S. Patent 11,111,091).
Looking to Figure 2a, Morrish discloses a ramp curb including a spine (205) with first (208, 210) and second (214) flanges projecting laterally there from. Figure 2a illustrates the flanges to be spaced and arranged as claimed.
Regarding claim 48, the first flange (208) is an upper flange.
Regarding claim 49, there is a rail (216) configured as claimed (Figure 2c, for example).
Regarding claim 51, the parts are integrally formed.
Regarding claim 52, the cross-sectional shape appears to be constant.
Regarding claim 53, the end portions of the first flange (208, 210) are substantially planar.
Regarding claim 54, the channel (212) supports a ramp member therein (column 7, lines 61-63).
Regarding claim 58, there are opposed curbs (Figure 2c, for example). Given the ramp in the channels, claim recitations are met.
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 50, 55-57 and 59-60 are rejected under 35 U.S.C. 103 as being unpatentable over Morrish et al. (U.S. Patent 11,111,091), as applied above.
Regarding claim 50, the distances are not disclosed; thereby leaving the decision to one skilled in the art. It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to have used any relative dimensions in order to suit a particular application. Such dimensions are not patentably distinguishing in this instance.
Regarding claims 55 and 56, because the ramp panel is not shown, characteristics thereof are not shown and are left to one skilled in the art. The examiner takes Official notice that it is known to use legs on ramp panels in order to provide support as desired. For this reason, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to have arranged Morrish as claimed.
Regarding claims 57, 59 and 60, the examiner takes Official notice that it is known to connect adjacent members by the means of claim 57 and method of claims 59-60. It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to have fixed the curb to the ramp in this manner in order to obtain a safe and secure final product.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The additional references teach ramp members.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GARY S HARTMANN whose telephone number is (571)272-6989. The examiner can normally be reached 11-7:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christopher Sebesta can be reached at 571 272-0547. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GARY S HARTMANN/Primary Examiner, Art Unit 3671
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