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 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 12 and 19-20 are rejected under 35 U.S.C. 102a1 as being anticipated by Honeycutt et al. (US 2013/0219790) (hereinafter Honeycutt).
Regarding claim 12, Honeycutt discloses a gate apparatus comprising a gate apparatus comprising: a mounting structure (element 410); at least one hinge (element 900) attachable to the mounting structure; and a swingable structure (element 402) attachable to the at least one hinge via a respective expandible clamping mechanism (See Figures 16-19B, at least element 1600), the swingable structure having at least one tubular arm (Examiner notes that element 402 includes at least one tubular arm, and is attachable to element 900 via engagement of clamping member (element 1600) with elements 404 and 406).
Regarding claim 19, Honeycutt discloses a gate apparatus comprising: a mounting structure (element 410); at least one hinge (element 900) attachable to the mounting structure; and a swingable structure (element 400) attachable to the at least one hinge; the swingable structure having at least one tubular arm having a proximal arm element (element 404) and a distal arm element (element 402) telescopically received in the proximal arm element, the distal arm element being slidable with respect to the proximal arm element to adjust a width of the swingable structure; and a clamp (considered combination of at least elements 1600, 1603, 1615) configured to maintain the swingable structure at a selected width, the clamp having a first axial portion (element 1600) of greater inner diameter for engaging the proximal arm element (See paragraphs [0056-0060], element 1600 is compressible and is adjustably engageable with inner surface of element 404) and a second axial portion (element 1615) of lesser inner diameter to engage the distal arm element.
Regarding claim 20, Honeycutt discloses wherein the clamp defines an axial gap between the first axial portion and the second axial portion (See at least Figures 17A-17B, Examiner notes that an “axial gap” between elements 1615 and 1600 is illustrated).
Claims 19 and 20 are rejected under 35 U.S.C. 102a1 as being anticipated by Satrom et al. (US 2020/0370370) (hereinafter Satrom).
Regarding claim 19, Satrom discloses a gate apparatus comprising: a mounting structure (at least element 202); at least one hinge (See at least Figure 5, elements 410 and 420) attachable to the mounting structure; and a swingable structure (at least element 210) attachable to the at least one hinge; the swingable structure having at least one tubular arm having a proximal arm element (Figures 10A-10B, element 1010) and a distal arm element (element 1020) telescopically received in the proximal arm element, the distal arm element being slidable with respect to the proximal arm element to adjust a width of the swingable structure; and a clamp (element 1030) configured to maintain the swingable structure at a selected width, the clamp having a first axial portion (See Figures 10A-10D, considered upper half of element 1030, engaged with element 1010) of greater inner diameter for engaging the proximal arm element and a second axial portion (See Figures 10A-10D, considered lower half of element 1030, engaged with element 1020) of lesser inner diameter to engage the distal arm element.
Regarding claim 20, Satrom discloses wherein the clamp defines an axial gap between the first axial portion and the second axial portion. Examiner notes that the open portion of the clamp, through which elements 1010 and 1020 are received is “an axial gap”. Additionally, the “gap” between the upper most portion of the clamp, as viewed from Figures 10C-10D, and the lower most portion is “an axial gap between the first axial portion and the second axial portion”).
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 12-13 and 15-18 are rejected under 35 U.S.C. 103 as being unpatentable Van Parys (US 2005/0066476) in view of Wang (US 2018/0274288).
Regarding claim 12, Van Parys discloses a gate apparatus (See Figure 7, See at least paragraphs [0003-0007], Examiner notes that the hinge mechanism of Van Parys is explicitly intended for use with a ”window” or “door” which satisfies the broad term “gate”, also see paragraph [0055]) comprising: a mounting structure (element 13); at least one hinge (considered at least elements 1, 2, and 3) attachable to the mounting structure; and a swingable structure (combination of elements 14 and 2) attachable to the at least one hinge via a respective expandible clamping mechanism (at least element 6).
Although detail with regard to the swingable structure is not illustrated, and therefore the swingable structure is not explicitly shown as having at least one tubular arm, Examiner notes that Wang teaches that it is known in the art to configure a gate apparatus that includes a mounting structure (considered structure to which element 400 directly mounts for support in operation, See paragraphs [0003], [0037-0038]); at least one hinge (element 400) attachable to the mounting structure; and a swingable structure (at least elements 100 and 200) attachable to the at least one hinge, the swingable structure having at least one tubular arm (upper and lower element 120). 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 swingable barrier of Van Parys such that element 14 of Van Parys (See Figure 7) is modified to be similar to the swingable barrier structure of Wang, including at least one tubular arm, since the hinge mechanism of Van Parys would function as intended with configured for use with a tubular swinging barrier including at least one tubular arm, as taught by Wang, and since an expandable tubular swinging barrier would be desirable for particular applications (e.g. as a safety gate, as taught by Wang). 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
Regarding claim 13, Van Parys discloses wherein the expandible clamping mechanism includes a split ring (See Figures 3 and 6, element 6 is a “split ring”) engaging a frustoconical portion of the at least one hinge (See Figures 1-2 and 4-5, element 3A is shown as “frustoconical”).
Regarding claim 15, Van Parys as modified by Wang for claim 12 above teaches wherein the at least one hinge comprises first and second hinges (See Wang Figure 1, upper and lower hinge elements are explicitly illustrated, as being associated with upper and lower tubular arms) respectively associated with first and second arms of the swingable structure.
Regarding claim 16, Van Parys as modified by Wang for claim 12 above teaches a vertical element (either of element 110 or 130) extending between the first and second arms.
Regarding claim 17, Van Parys as modified by Wang for claim 12 above teaches wherein the first and second arms each comprise a proximal arm element (Figure 2, element 126) and a distal arm element (element 128) telescopically received in the proximal arm element.
Regarding claim 18, Van Parys as modified by Wang for claim 12 above teaches wherein the distal arm elements are portions of a U-shaped arm structure (upper and lower element 128, when assembled with element 110, are considered to satisfy the term “a U-shaped arm structure”).
Allowable Subject Matter
Claims 1-11 are allowed.
Claims 14 and 21-23 are 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.
Reasons for Allowance
Examiner generally agrees with conclusions regarding claims 1-11, as presented in the International Search Report for corresponding application PCT/US/2025/020683. The prior art of record lacks the structure and functionality of the gate apparatus as claimed in claim 1. Specifically, the prior art lacks the first pivoting part and the second pivoting part defining an internal space in which the spring element is received so as to be entirely enclosed, the internal space being formed by opposed recesses defined in the first pivoting part and the second pivoting part; and wherein the internal space is configured to allow the spring element to be seated in the internal space in a selected one of a first orientation and a second orientation allowing the first pivoting part and the second pivoting part of the at least one hinge to be aligned or perpendicular when the swingable structure is in a closed position, in combination with the overall invention as claimed.
Conclusion
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