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 § 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.
Claims 2 and 9-15 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.
As to Claim 2, the claim recites “a first aperture” and “a second aperture”. It is unclear if they are part of the “one or more apertures” of claim 1. Appropriate correction is required.
As to Claim 9, the claim recites “each end” when it should be “each of the first end and second end”. Appropriate correction is required.
The dependent claims of claim 9 are also rejected for depending on a rejected independent claim.
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 1-6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fritch (U.S. Patent No. 5,157,867).
As to Claim 1, Fritch discloses a water containment barrier liner system comprising:
A liner member (100) with a top (112), bottom (Bottom of 112), and first (116a), second (116b), third (116c), and fourth sides (Bottom of 125); and
A channel (125) adjacent to and running along a length of one or more of the liner member sides wherein the channel terminates in one or more apertures and is configured to receive an elongate member (122).
As to Claim 2, Fritch discloses the invention of Claim 1 (Refer to Claim 1 discussion). Fritch also discloses wherein the channel (125) has a first end terminating in a first aperture and a second end terminating in a second aperture.
As to Claim 3, Fritch discloses the invention of Claim 1 (Refer to Claim 1 discussion). Fritch also discloses wherein the channel (125) is formed from a folded-over portion of the liner member (100).
As to Claim 4, Fritch discloses the invention of Claim 1 (Refer to Claim 1 discussion). Fritch also discloses wherein the liner member (100) and channel (125) are configured to roll into a stowed position and unroll into an extended position (The liner is made of a flexible material and therefor e is capable of being rolled and unrolled).
As to Claim 5, Fritch discloses the invention of Claim 1 (Refer to Claim 1 discussion). Fritch also discloses wherein the liner member is made of a generally water impermeable material (Column 10, Lines 9-16: “As mentioned above, the landscape edging strip 9 is preferably made of thin, flexible low density polyethylene, but any other extrudable non-water degradable plastic or elastomeric material may be utilized so long as the extrusion product is sufficiently flexible to permit the landscape edging strip 9 to readily conform to changes in ground slope”. Polyethylene is a water impermeable material).
As to Claim 6, Fritch discloses the invention of Claim 1 (Refer to Claim 1 discussion). Fritch also discloses further comprising the elongate member (122).
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 7-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fritch (U.S. Patent No. 5,157,867) in view of Hallsten (U.S. Patent No. 5,454,195).
As to Claim 7, Fritch discloses the invention of Claim 1 (Refer to Claim 1 discussion). Fritch also discloses a portion of the top side (112) of the liner member (100) that is located adjacent the channel (125) configured to underlay a portable water containment barrier (37). However, Fritch is silent about the water containment barrier having a generally hollow body that is configured to receive one or more materials to at least partially fill the body. Hallsted discloses a water containment barrier (14) having a generally hollow body that is configured to receive one or more materials to at least partially fill the body (Column 4, Lines 50-54: “Toward the top of the module 14 is a preferably closable opening 22, through which the hollow module can be filled with a ballast such as, for example, water or sand, to increase the stability and strength of the module”). Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to make the water containment barrier have a generally hollow body that is configured to receive one or more materials to at least partially fill the body. The motivation would have been to increase the stability and strength of the barrier.
As to Claim 8, Fritch as modified teaches the invention of Claim 7 (Refer to Claim 7 discussion). Fritch as modified also teaches further comprising the portable water containment barrier with a generally hollow body configured to receive one or more materials to at least partially fill the body (Hallsted - Column 4, Lines 50-54: “Toward the top of the module 14 is a preferably closable opening 22, through which the hollow module can be filled with a ballast such as, for example, water or sand, to increase the stability and strength of the module”).
As to Claim 9, Fritch discloses a water containment barrier liner system comprising;
A generally water impermeable (Column 10, Lines 9-16: “As mentioned above, the landscape edging strip 9 is preferably made of thin, flexible low density polyethylene, but any other extrudable non-water degradable plastic or elastomeric material may be utilized so long as the extrusion product is sufficiently flexible to permit the landscape edging strip 9 to readily conform to changes in ground slope”. Polyethylene is a water impermeable material) liner member (100) with a top (112), bottom (Bottom of 112), and first (116a), second (116b), third (116c), and fourth sides (Bottom of 125); and
A channel (125) adjacent to and running along a length of one or more of the liner member sides wherein the channel (125) is formed from a folded-over portion of the liner member (100), has a first end terminating in a first aperture and a second end terminating in a second aperture, each end configured to receive an elongate member (122); and wherein a portion of the top side (112) of the liner member that is located adjacent to the channel (125) is configured to underlay a portable water containment barrier (37).
However, Fritch is silent about the water containment barrier having a generally hollow body that is configured to receive one or more materials to at least partially fill the body. Hallsten discloses a water containment barrier (14) having a generally hollow body that is configured to receive one or more materials to at least partially fill the body (Column 4, Lines 50-54: “Toward the top of the module 14 is a preferably closable opening 22, through which the hollow module can be filled with a ballast such as, for example, water or sand, to increase the stability and strength of the module”). Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to make the water containment barrier of a generally hollow body that is configured to receive one or more materials to at least partially fill the body. The motivation would have been to increase the stability and strength of the barrier.
As to Claim 10, Fritch as modified teaches the invention of Claim 9 (Refer to Claim 9 discussion). Fritch as modified also teaches wherein the liner member (Fritch: 100) and channel are configured to roll into a stowed position and unroll into an extended position (The liner is made of a flexible material and therefor e is capable of being rolled and unrolled).
As to Claim 11, Fritch as modified teaches the invention of Claim 9 (Refer to Claim 9 discussion). Fritch as modified also teaches further comprising the elongate member (Fritch: 122).
As to Claim 12, Fritch as modified teaches the invention of Claim 9 (Refer to Claim 9 discussion). Fritch as modified also teaches further comprising the portable water containment barrier with a generally hollow body configured to receive one or more materials to at least partially fill the body (Hallsted - Column 4, Lines 50-54: “Toward the top of the module 14 is a preferably closable opening 22, through which the hollow module can be filled with a ballast such as, for example, water or sand, to increase the stability and strength of the module”).
As to Claim 13, Fritch as modified teaches the invention of Claim 11 (Refer to Claim 11 discussion). Fritch as modified also teaches wherein the elongate member (Fritch: 122) is configured to abut a back side of the portable water containment barrier (Fritch: 37) through the channel (Fritch: 125) to form a backstop for the portable water containment barrier with respect to forces on the front side of the portable water containment barrier.
As to Claim 14, Fritch as modified teaches the invention of Claim 9 (Refer to Claim 9 discussion). Fritch as modified also teaches wherein the liner member (Fritch: 100) is configured to form an apron (Fritch: Figure 4) in front of the portable water containment barrier (Fritch: 37).
As to Claim 15, Fritch as modified teaches the invention of Claim 14 (Refer to Claim 9 discussion). Although Fritch as modified does not explicitly teach that wherein the apron has a length that is at least two times one or more of the width and depth of a base of the portable water containment barrier, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to make the apron with a length that is at least two times one or more of the width and depth of a base of the portable water containment barrier since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level or ordinary skill in the art.
As to Claim 16, Fritch discloses a water containment method comprising the steps of:
Providing a liner member (100) with a channel (125) running along an edge of the liner member;
Providing an elongate member (122);
Placing the liner member (100) on the ground and inserting the elongate member (122) into the channel (125);
Providing a portable water containment barrier (37);
Placing the portable water containment barrier (37) on the liner member (100) so that the liner member forms an apron (Figure 4) forward of the portable water containment barrier (100) and the elongate member (122) and channel (125) form a backstop to a back side (Figure 4) of the water containment barrier (37) with respect to forces on a front side of the portable water containment barrier (37).
However, Fritch is silent about the water containment barrier having a generally hollow body that is configured to receive one or more materials to at least partially fill the body. Hallsten discloses a water containment barrier (14) having a generally hollow body that is configured to receive one or more materials to at least partially fill the body (Column 4, Lines 50-54: “Toward the top of the module 14 is a preferably closable opening 22, through which the hollow module can be filled with a ballast such as, for example, water or sand, to increase the stability and strength of the module”). Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to make the water containment barrier of a generally hollow body that is configured to receive one or more materials to at least partially fill the body. The motivation would have been to increase the stability and strength of the barrier.
As to Claim 17, Fritch as modified teaches the invention of Claim 16 (Refer to Claim 16 discussion). Fritch as modified also teaches further comprising the step of placing material (Fritch: 33) over one or more leading edges of the liner member (Fritch: 100).
As to Claim 18, Fritch as modified teaches the invention of Claim 16 (Refer to Claim 16 discussion). Fritch as modified also teaches further comprising the step of rolling the liner member and channel into a stowed position (The liner is made of a flexible material and therefor e is capable of being rolled and unrolled).
As to Claim 19, Fritch as modified teaches the invention of Claim 16 (Refer to Claim 16 discussion). Fritch as modified also teaches further comprising the step of unrolling the liner member and channel into an extended position (The liner is made of a flexible material and therefor e is capable of being rolled and unrolled).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EDWIN J TOLEDO-DURAN whose telephone number is (571)270-7501. The examiner can normally be reached Monday through Friday: 10:00AM to 6:00PM 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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/EDWIN J TOLEDO-DURAN/Primary Examiner, Art Unit 3678
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