DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Objections
Claim 4 is objected to because of the following informalities:
Claim 4 recites “an upper right base portion and a left base portion” followed by “the right and left base portions”. This terminology is inconsistent and unclear. Appropriate correction is required.
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 1, 2, and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Marsden et al. (US 2015/0101253) (hereinafter Marsden) in view of Huang (US 2014/0007506) and further in view of Marsden et al. (US 2015/0089873) (hereinafter ‘873).
Regarding claim 1, Marsden discloses a gated barrier for engagement between first and second surfaces (See Figure 1), comprising: a) a gate frame having a first gate frame portion (element 142) and a second gate frame portion (element 141), each of the first and second gate frame portions having upper and lower support members (See Figure 1), each of the first and second gate frame portions having traversing support members traversing a distance between the upper and lower support members to tie together the upper and lower support members (See Figure 1); b) a first connection including a first base (at least element 30U) that is configured to be engaged to the first surface, the first connection engaging the gate frame, the gate frame being liftable from said first base (See at least paragraph [0028]), the first connection being an upper connection, the first base being an upper base; c) a second connection including a second base (at least element 30L) that is configured to be engaged to the first surface below the first base, the second connection engaging the gate frame, the gate frame being liftable from the second base, the second connection being a lower connection, the second base being a lower base; d) a third connection including a third base (at least element 18U) that is configured to be engaged to the second surface, the third connection engaging the gate frame, the gate frame being elevatable from the third base, the third connection being an upper connection, the third base being an upper base; e) a fourth connection including a fourth base (at least element 18L) that is configured to be engaged to the second surface below the third base, the fourth connection engaging the gate frame, the gate frame being elevatable from the fourth connection (See at least paragraph [0023], “Left-side panel 141 of barrier wall 140 is also free to slide up and down on hinges 18U, 18L along vertical pivot axis 14A during unlocking of gate 14 by a caregiver to allow swinging movement of the gate 14 from the closed position to the opened position”), the fourth connection being a lower connection, the fourth base being a lower base; f) upper and lower intermediate connections (elements 143U and 143L) fixing the first and second gate frame portions relative to each other to minimize lateral and longitudinal movement of the first and second gate frame portions relative to each other, the upper and lower intermediate connections being engagable to and disengageable from the first and second gate frame portions without destroying the integrity of the first and second gate frame portions and the upper and lower intermediate connections; g) wherein the first, second, third, and fourth bases include respective first, second, third, and fourth sockets; h) wherein the first, second, third, and fourth connections include respective first, second, third, and fourth pins (See Figure 1, considered elements 144, 145, and upper and lower hinge pins (elements 18U and 18L), see at least paragraph [0023]), “Left-side panel 141 of barrier wall 140 is also free to slide up and down on hinges 18U, 18L along vertical pivot axis 14A during unlocking of gate 14 by a caregiver to allow swinging movement of the gate 14 from the closed position to the opened position”); i) wherein the first, second, third, and fourth pins engage, respectively, the first, second, third, and fourth sockets; j) wherein the first and second pins include horizontally oriented shaft portions (See Figures 5-7); k) wherein the first and second pins are movable horizontally to and away from the first and second sockets respectively (See Figures 5-6, Examiner notes that a threaded connection is illustrated, additionally, elements 141 and 142 are slidable relative to each other, which would move elements 144 and 145 “horizontally to and away from the first and second sockets respectively”, See paragraph [0023]).
Examiner believes that Marsden satisfies “wherein the first, second, third, and fourth connections include respective first, second, third, and fourth pins; and wherein the first, second, third, and fourth pins engage, respectively, the first, second, third, and fourth sockets and wherein the third and fourth pins include respective vertically oriented shaft portions”. However, if Applicant disagrees, and since little structural detail is shown regarding the pin and socket connection for elements 18U and 18L, Examiner notes that Huang teaches that it is known in the art to configure a gated barrier for engagement between first and second surfaces, comprising: a) a gate frame having upper and lower support members (elements 12, 14, 18, 20), the gate frame further having traversing support members (element 16) traversing a distance between the upper and lower support members to tie together the upper and lower support members; b) a first connection including a first base (element 36) that is configured to be engaged to the first surface, the first connection engaging the gate frame, the gate frame being liftable from said first base, the first connection being an upper connection, the first base being an upper base; c) a second connection including a second base (element 38) that is configured to be engaged to the first surface below the first base, the second connection engaging the gate frame, the gate frame being liftable from the second base, the second connection being a lower connection, the second base being a lower base; d) a third connection including a third base (element 26) that is configured to be engaged to the second surface, the third connection engaging the gate frame, the gate frame being elevatable from the third base, the third connection being an upper connection, the third base being an upper base; e) a fourth connection including a fourth base (element 28) that is configured to be engaged to the second surface below the third base, the fourth connection engaging the gate frame, the gate frame being elevatable from the fourth connection, the fourth connection being a lower connection, the fourth base being a lower base; f) an intermediate connection (element 34) fixing the first and second gate frame portions relative to each other to minimize lateral and longitudinal movement of the first and second gate frame portions relative to each other, the intermediate connection being engagable to and disengageable from the first and second gate frame portions without destroying the integrity of the first and second gate frame portions and the intermediate connection (See Figures 11a-11d); g) wherein the first, second, third, and fourth bases include respective first, second, third, and fourth sockets; h) wherein the first, second, third, and fourth connections include respective first, second, third, and fourth pins (elements 42, 106, 220, 318); i) wherein the first, second, third, and fourth pins engage, respectively, the first, second, third, and fourth sockets (See Figures 1a-10d); j) wherein the first and second pins include horizontally oriented shaft portions; k) wherein the first and second pins are movable horizontally to and away from the first and second sockets respectively (Examiner notes that elements 220 and 318 are mounted on element 10, and “are movable horizontally to and away from the first and second sockets” via the slidably adjustable engagement between elements 8 and 10); and l) wherein the third and fourth pins include respective vertically oriented shaft portions (See Figures 1a-4, paragraphs [0082-0086]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure hinges 18U and 18L of Marsden such that they included vertically oriented shaft portions, as taught by Huang, since configuring the third and fourth pins of Marsden such that they include a vertically oriented shaft portion would be logical and obvious for enabling “Left-side panel 141 of barrier wall 140 is also free to slide up and down on hinges 18U, 18L along vertical pivot axis 14A” as disclosed by Marsden, and since configuring the hinges of Marsden in this manner would function as intended for the purpose of Marsden. Additionally, all the claimed elements were known in the prior art as evidenced above, and one of ordinary skill in the art could have combined the elements as claimed, or substituted one known element for another, using known methods with no change in their respective functions. Such a combination or substitution would have yielded predictable results to one of ordinary skill in the art at the time the invention was made, since the elements perform as expected and thus the results would be expected. MPEP 2143
Further, although very little structural detail is shown regarding elements 143U and 143L of Marsden, Examiner notes that ‘873 teaches that it is known in the art to configure a similar gated barrier for engagement between first and second surfaces (See Figure 1), comprising: a) a gate frame having a first gate frame portion (element 32) and a second gate frame portion (element 30), each of the first and second gate frame portions having upper and lower support members (See Figure 1), each of the first and second gate frame portions having traversing support members traversing a distance between the upper and lower support members to tie together the upper and lower support members (See Figure 1); b) a first connection including a first base (at least element 93) that is configured to be engaged to the first surface, the first connection engaging the gate frame, the gate frame being liftable from said first base, the first connection being an upper connection, the first base being an upper base; c) a second connection including a second base (at least element 94) that is configured to be engaged to the first surface below the first base, the second connection engaging the gate frame, the gate frame being liftable from the second base, the second connection being a lower connection, the second base being a lower base; d) a third connection including a third base (at least element 91) that is configured to be engaged to the second surface, the third connection engaging the gate frame, the gate frame being elevatable from the third base, the third connection being an upper connection, the third base being an upper base; e) a fourth connection including a fourth base (at least element 92) that is configured to be engaged to the second surface below the third base, the fourth connection engaging the gate frame, the gate frame being elevatable from the fourth connection, the fourth connection being a lower connection, the fourth base being a lower base; f) upper and lower intermediate connections (elements 60 and 60’) fixing the first and second gate frame portions relative to each other to minimize lateral and longitudinal movement of the first and second gate frame portions relative to each other, the upper and lower intermediate connections being engagable to and disengageable from the first and second gate frame portions without destroying the integrity of the first and second gate frame portions and the upper and lower intermediate connections; wherein the upper intermediate connection engages the upper support members of the first and second gate frame portions and includes a top extending over and being adjacent to uppermost surfaces of the upper support members (See Figures 3-5, element 60 extends over the uppermost surfaces of the upper support members), said top extending from an outer side of an upper support member of the first gate frame portion to an outer side of an upper support member of the second gate frame portion (See Figures 3-5); and wherein the lower intermediate connection engages the lower support members of the first and second gate frame portions and includes a bottom extending over and being adjacent to lowermost surfaces of the lower support members, said bottom extending from an outer side of a lower support member of the first gate frame portion to an outer side of a lower support member of the second gate frame portion (See Figures 1A and 3-5, Examiner notes that “bottom panel motion blocker” as shown in Figure 1A would be installed in a manner similar to element 60 as shown in Figures 3-5). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the gated barrier of Marsden such that the upper and lower intermediate connections 143U and 143L were configured in a manner similar to the upper and lower intermediate connections (elements 60 and 60’) of ‘873, as this would provide a removable retaining device, desirable for the purpose of retaining the width of the adjustable gated barrier of Marsden in the desired configuration, and since intermediate connections as taught by ‘873 would function as intended when used as the intermediate connections for Marsden, and since all the claimed elements were known in the prior art as evidenced above, and one of ordinary skill in the art could have combined the elements as claimed, or substituted one known element for another, using known methods with no change in their respective functions. Such a combination or substitution would have yielded predictable results to one of ordinary skill in the art at the time the invention was made, since the elements perform as expected and thus the results would be expected. MPEP 2143
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Marsden et al. (US 2015/0101253) (hereinafter Marsden) in view of Huang (US 2014/0007506) and further in view of Marsden et al. (US 2015/0089873) (hererinafter ‘873).
Regarding claim 2, Marsden discloses a gated barrier for engagement between first and second surfaces (See Figure 1), comprising: a) a gate frame having a first gate frame portion (element 142) and a second gate frame portion (element 141), each of the first and second gate frame portions having upper and lower support members (See Figure 1), each of the first and second gate frame portions having traversing support members traversing a distance between the upper and lower support members to tie together the upper and lower support members (See Figure 1); b) a first connection including a first base (at least element 30U) that is configured to be engaged to the first surface, the first connection engaging the gate frame, the gate frame being liftable from said first base (See at least paragraph [0028]), the first connection being an upper connection, the first base being an upper base; c) a second connection including a second base (at least element 30L) that is configured to be engaged to the first surface below the first base, the second connection engaging the gate frame, the gate frame being liftable from the second base, the second connection being a lower connection, the second base being a lower base; d) a third connection including a third base (at least element 18U) that is configured to be engaged to the second surface, the third connection engaging the gate frame, the gate frame being elevatable from the third base, the third connection being an upper connection, the third base being an upper base; e) a fourth connection including a fourth base (at least element 18L) that is configured to be engaged to the second surface below the third base, the fourth connection engaging the gate frame, the gate frame being elevatable from the fourth connection (See at least paragraph [0023], “Left-side panel 141 of barrier wall 140 is also free to slide up and down on hinges 18U, 18L along vertical pivot axis 14A during unlocking of gate 14 by a caregiver to allow swinging movement of the gate 14 from the closed position to the opened position”), the fourth connection being a lower connection, the fourth base being a lower base; f) upper and lower intermediate connections (elements 143U and 143L) fixing the first and second gate frame portions relative to each other to minimize lateral and longitudinal movement of the first and second gate frame portions relative to each other, the upper and lower intermediate connections being engagable to and disengageable from the first and second gate frame portions without destroying the integrity of the first and second gate frame portions and the upper and lower intermediate connections; ; g) wherein the first, second, third, and fourth bases include respective first, second, third, and fourth sockets; h) wherein the first, second, third, and fourth connections include respective first, second, third, and fourth pins (See Figure 1, considered elements 144, 145, and upper and lower hinge pins (elements 18U and 18L), see at least paragraph [0023]), “Left-side panel 141 of barrier wall 140 is also free to slide up and down on hinges 18U, 18L along vertical pivot axis 14A during unlocking of gate 14 by a caregiver to allow swinging movement of the gate 14 from the closed position to the opened position”); i) wherein the first, second, third, and fourth pins engage, respectively, the first, second, third, and fourth sockets; j) wherein the first and second pins include horizontally oriented shaft portions (See Figures 5-7); k) wherein the first and second pins are movable horizontally to and away from the first and second sockets respectively (See Figures 5-6, Examiner notes that a threaded connection is illustrated, additionally, elements 141 and 142 are slidable relative to each other, which would move elements 144 and 145 “horizontally to and away from the first and second sockets respectively”, See paragraph [0023]).
Examiner notes that since little structural detail is shown regarding the pin and socket connection for elements 18U and 18L, Examiner notes that Huang teaches that it is known in the art to configure a gated barrier for engagement between first and second surfaces, comprising: a) a gate frame having upper and lower support members (elements 12, 14, 18, 20), the gate frame further having traversing support members (element 16) traversing a distance between the upper and lower support members to tie together the upper and lower support members; b) a first connection including a first base (element 36) that is configured to be engaged to the first surface, the first connection engaging the gate frame, the gate frame being liftable from said first base, the first connection being an upper connection, the first base being an upper base; c) a second connection including a second base (element 38) that is configured to be engaged to the first surface below the first base, the second connection engaging the gate frame, the gate frame being liftable from the second base, the second connection being a lower connection, the second base being a lower base; d) a third connection including a third base (element 26) that is configured to be engaged to the second surface, the third connection engaging the gate frame, the gate frame being elevatable from the third base, the third connection being an upper connection, the third base being an upper base; e) a fourth connection including a fourth base (element 28) that is configured to be engaged to the second surface below the third base, the fourth connection engaging the gate frame, the gate frame being elevatable from the fourth connection, the fourth connection being a lower connection, the fourth base being a lower base; f) an intermediate connection (element 34) fixing the first and second gate frame portions relative to each other to minimize lateral and longitudinal movement of the first and second gate frame portions relative to each other, the intermediate connection being engagable to and disengageable from the first and second gate frame portions without destroying the integrity of the first and second gate frame portions and the intermediate connection (See Figures 11a-11d); g) wherein the third base of the third connection comprises a socket (element 62, see Figures 1a-3, paragraph [0082], “a first pin part 60, which is located in a recess 62 defined in top surface 54”) and a limiter (considered combination of elements 76 and 78), the limiter having first and second positions relative to the socket (considered positions shown in Figures 2a and 2b); h) wherein the third connection comprises a pin having first and second pin ends (elements 60 and 64), the first pin end being engagable in said socket, the second pin end being engagable to the gate frame; i) the pin being liftable in said socket when the limiter is in said first position such that the gate frame is liftable relative to the first base; j) the pin being retained in the socket when the limiter is in the first position such that the limiter permits lifting of the pin relative to the third base; and k) the pin being retained in the third base when the limiter is in the first position such that the limiter prevents removal of the pin from the third base (Examiner notes that hinge pin 42 is liftable, and also retained in the socket and base when the button 76 is not depressed. This configuration is necessary for proper functionality of the gate).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure hinges 18U and 18L of Marsden in the manner as taught by Huang, since this would provide a hinge with a limiter feature for the third base of Marsden, which would help to prevent accidental separation of the gate from the hinge base due to the functionality of the limiter, which would be found desirable for particular applications of the gate, and for particular users, and since configuring the hinges of Marsden in this manner would function as intended for the purpose of Marsden. Additionally, all the claimed elements were known in the prior art as evidenced above, and one of ordinary skill in the art could have combined the elements as claimed, or substituted one known element for another, using known methods with no change in their respective functions. Such a combination or substitution would have yielded predictable results to one of ordinary skill in the art at the time the invention was made, since the elements perform as expected and thus the results would be expected. MPEP 2143
Further, although very little structural detail is shown regarding elements 143U and 143L of Marsden, Examiner notes that ‘873 teaches that it is known in the art to configure a similar gated barrier for engagement between first and second surfaces (See Figure 1), comprising: a) a gate frame having a first gate frame portion (element 32) and a second gate frame portion (element 30), each of the first and second gate frame portions having upper and lower support members (See Figure 1), each of the first and second gate frame portions having traversing support members traversing a distance between the upper and lower support members to tie together the upper and lower support members (See Figure 1); b) a first connection including a first base (at least element 93) that is configured to be engaged to the first surface, the first connection engaging the gate frame, the gate frame being liftable from said first base, the first connection being an upper connection, the first base being an upper base; c) a second connection including a second base (at least element 94) that is configured to be engaged to the first surface below the first base, the second connection engaging the gate frame, the gate frame being liftable from the second base, the second connection being a lower connection, the second base being a lower base; d) a third connection including a third base (at least element 91) that is configured to be engaged to the second surface, the third connection engaging the gate frame, the gate frame being elevatable from the third base, the third connection being an upper connection, the third base being an upper base; e) a fourth connection including a fourth base (at least element 92) that is configured to be engaged to the second surface below the third base, the fourth connection engaging the gate frame, the gate frame being elevatable from the fourth connection, the fourth connection being a lower connection, the fourth base being a lower base; f) upper and lower intermediate connections (elements 60 and 60’) fixing the first and second gate frame portions relative to each other to minimize lateral and longitudinal movement of the first and second gate frame portions relative to each other, the upper and lower intermediate connections being engagable to and disengageable from the first and second gate frame portions without destroying the integrity of the first and second gate frame portions and the upper and lower intermediate connections; wherein the upper intermediate connection engages the upper support members of the first and second gate frame portions and includes a top extending over and being adjacent to uppermost surfaces of the upper support members (See Figures 3-5, element 60 extends over the uppermost surfaces of the upper support members), said top extending from an outer side of an upper support member of the first gate frame portion to an outer side of an upper support member of the second gate frame portion (See Figures 3-5); and m) wherein the lower intermediate connection engages the lower support members of the first and second gate frame portions and includes a bottom extending over and being adjacent to lowermost surfaces of the lower support members, said bottom extending from an outer side of a lower support member of the first gate frame portion to an outer side of a lower support member of the second gate frame portion (See Figures 1A and 3-5, Examiner notes that “bottom panel motion blocker” as shown in Figure 1A would be installed in a manner similar to element 60 as shown in Figures 3-5). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the gated barrier of Marsden such that the upper and lower intermediate connections 143U and 143L were configured in a manner similar to the upper and lower intermediate connections (elements 60 and 60’) of ‘873, as this would provide a removable retaining device, desirable for the purpose of retaining the width of the adjustable gated barrier of Marsden in the desired configuration, and since intermediate connections as taught by ‘873 would function as intended when used as the intermediate connections for Marsden, and since all the claimed elements were known in the prior art as evidenced above, and one of ordinary skill in the art could have combined the elements as claimed, or substituted one known element for another, using known methods with no change in their respective functions. Such a combination or substitution would have yielded predictable results to one of ordinary skill in the art at the time the invention was made, since the elements perform as expected and thus the results would be expected. MPEP 2143
Regarding claim 4, Marsden discloses a gate combination comprising: a) a right gate portion and a left gate portion (elements 141 and 142), the right gate portion having upper and lower support members and the left gate portion having upper and lower support members (See Figure 1); b) an upper right base portion (at least elements 30U and 30L) and a left base portion (at least elements 18U and 18L), the right and left base portions opposing each other; c) a right upper connection engaging the right gate portion to the right base portion (See Figure 1); d) a right lower connection engaging the right gate portion to the right base portion (See Figure 1); e) a left upper connection engaging the left gate portion to the left base portion (See Figure 1); f) a left lower connection engaging the left gate portion to the left base portion (See Figure 1); g) the right upper connection comprising a latch (See Figure 2, at least element 30U), a right upper pin (element 144), and a right upper pin receiver (element 30U), the right upper pin engagable to the right upper pin receiver; h) the right lower connection comprising a right lower pin (element 145) and a right lower pin receiver (element 30L), the right lower pin engagable to the right lower pin receiver; i) the left upper connection comprising a left upper pin and a left upper pin receiver, the left upper pin engaging the left upper pin receiver (See Figure 1); j) the left lower connection comprising a left lower pin and a left lower pin receiver, the left lower pin engaging the left lower pin receiver (See Figure 1); k) the right gate portion slidingly engaged to the left gate portion such that a total length of the right and left gate portions can be slidingly increased and slidingly decreased; l) the right and left gate portions when engaged to each other being liftable relative to the right and left bases when the latch is operated to disengage the right gate portion from the right base portion (See at least paragraph [0028]); n) upper and lower intermediate connections (elements 143U and 143L) fixing the first and second gate frame portions relative to each other to minimize lateral and longitudinal movement of the first and second gate frame portions relative to each other, the upper and lower intermediate connections being engagable to and disengageable from the first and second gate frame portions without destroying the integrity of the first and second gate frame portions and the upper and lower intermediate connections;
Examiner notes that since little structural detail is shown regarding the pin and socket connection for elements 18U and 18L, Examiner notes that Huang teaches that it is known in the art to configure a gated barrier for engagement between first and second surfaces, comprising: a) a gate frame having upper and lower support members (elements 12, 14, 18, 20), the gate frame further having traversing support members (element 16) traversing a distance between the upper and lower support members to tie together the upper and lower support members; b) a first connection including a first base (element 36) that is configured to be engaged to the first surface, the first connection engaging the gate frame, the gate frame being liftable from said first base, the first connection being an upper connection, the first base being an upper base; c) a second connection including a second base (element 38) that is configured to be engaged to the first surface below the first base, the second connection engaging the gate frame, the gate frame being liftable from the second base, the second connection being a lower connection, the second base being a lower base; d) a third connection including a third base (element 26) that is configured to be engaged to the second surface, the third connection engaging the gate frame, the gate frame being elevatable from the third base, the third connection being an upper connection, the third base being an upper base; e) a fourth connection including a fourth base (element 28) that is configured to be engaged to the second surface below the third base, the fourth connection engaging the gate frame, the gate frame being elevatable from the fourth connection, the fourth connection being a lower connection, the fourth base being a lower base; f) an intermediate connection (element 34) fixing the first and second gate frame portions relative to each other to minimize lateral and longitudinal movement of the first and second gate frame portions relative to each other, the intermediate connection being engagable to and disengageable from the first and second gate frame portions without destroying the integrity of the first and second gate frame portions and the intermediate connection (See Figures 11a-11d); with one of the left upper connection and left lower connection comprising a stop (considered combination of elements 76 and 78, see at least paragraphs [0084-0085]), See at least Figures 2a and 2b); such that lifting of the right and left gate portions relative to the right and left base portions is terminated by the stop after the latch has disengaged the right gate portion from the right base portion.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure hinges 18U and 18L of Marsden such in the manner as taught by Huang, since this would provide a hinge with a stop feature for the hinge of Marsden, which would help to prevent accidental separation of the gate from the hinge base due to the functionality of the stop feature, which would be found desirable for particular applications of the gate, and for particular users, and since configuring the hinges of Marsden in this manner would function as intended for the purpose of Marsden. Additionally, all the claimed elements were known in the prior art as evidenced above, and one of ordinary skill in the art could have combined the elements as claimed, or substituted one known element for another, using known methods with no change in their respective functions. Such a combination or substitution would have yielded predictable results to one of ordinary skill in the art at the time the invention was made, since the elements perform as expected and thus the results would be expected. MPEP 2143
Further, although very little structural detail is shown regarding elements 143U and 143L of Marsden, Examiner notes that ‘873 teaches that it is known in the art to configure a similar gated barrier for engagement between first and second surfaces (See Figure 1), comprising: a) a gate frame having a first gate frame portion (element 32) and a second gate frame portion (element 30), each of the first and second gate frame portions having upper and lower support members (See Figure 1), each of the first and second gate frame portions having traversing support members traversing a distance between the upper and lower support members to tie together the upper and lower support members (See Figure 1); b) a first connection including a first base (at least element 93) that is configured to be engaged to the first surface, the first connection engaging the gate frame, the gate frame being liftable from said first base, the first connection being an upper connection, the first base being an upper base; c) a second connection including a second base (at least element 94) that is configured to be engaged to the first surface below the first base, the second connection engaging the gate frame, the gate frame being liftable from the second base, the second connection being a lower connection, the second base being a lower base; d) a third connection including a third base (at least element 91) that is configured to be engaged to the second surface, the third connection engaging the gate frame, the gate frame being elevatable from the third base, the third connection being an upper connection, the third base being an upper base; e) a fourth connection including a fourth base (at least element 92) that is configured to be engaged to the second surface below the third base, the fourth connection engaging the gate frame, the gate frame being elevatable from the fourth connection, the fourth connection being a lower connection, the fourth base being a lower base; f) upper and lower intermediate connections (elements 60 and 60’) fixing the first and second gate frame portions relative to each other to minimize lateral and longitudinal movement of the first and second gate frame portions relative to each other, the upper and lower intermediate connections being engagable to and disengageable from the first and second gate frame portions without destroying the integrity of the first and second gate frame portions and the upper and lower intermediate connections; and wherein the upper intermediate connection engages the upper support members of the first and second gate frame portions and includes a top extending over and being adjacent to uppermost surfaces of the upper support members, said top extending from an outer side of an upper support member of the first gate frame portion to an outer side of an upper support member of the second gate frame portion (See Figures 3-5); p) wherein the upper intermediate connection includes a bottom extending over and being adjacent to lowermost surfaces of the upper support members, said bottom extending from an outer side of an upper support member of the first gate frame portion to an outer side of an upper support member of the second gate frame portion (See Figures 3-5); q) wherein the lower intermediate connection engages the lower support members of the first and second gate frame portions and includes a top extending over and being adjacent to uppermost surfaces of the lower support members, said top extending from an outer side of a lower support member of the first gate frame portion to an outer side of a lower support member of the second gate frame portion (See Figures 3-5); and r) wherein the lower intermediate connection includes a bottom extending over and being adjacent to lowermost surfaces of the lower support members, said bottom extending from an outer side of a lower support member of the first gate frame portion to an outer side of a lower support member of the second gate frame portion (See Figures 1A and 3-5, “bottom panel motion blocker” as shown in Figure 1A would be similar to element 60 as shown in Figures 3-5). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the gated barrier of Marsden such that the upper and lower intermediate connections 143U and 143L were configured in a manner similar to the upper and lower intermediate connections (elements 60 and 60’) of ‘873, as this would provide a removable retaining device, desirable for the purpose of retaining the width of the adjustable gated barrier of Marsden in the desired configuration, and since intermediate connections as taught by ‘873 would function as intended when used as the intermediate connections for Marsden, and since all the claimed elements were known in the prior art as evidenced above, and one of ordinary skill in the art could have combined the elements as claimed, or substituted one known element for another, using known methods with no change in their respective functions. Such a combination or substitution would have yielded predictable results to one of ordinary skill in the art at the time the invention was made, since the elements perform as expected and thus the results would be expected. MPEP 2143
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 and 2 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Allowable Subject Matter
Claim 3 is allowed.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 JUSTIN B REPHANN whose telephone number is (571)270-7318. The examiner can normally be reached Monday-Friday 8:00am-4:30pm.
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/JUSTIN B REPHANN/Examiner, Art Unit 3634