Office Action 2: Final Rejection (2025-11-26)
Rejection types: 103 - Obviousness

CLAIMS:
Listing of Claims:

1\. (Currently Amended) A crash cushion apparatus comprising:
a rail assembly including:a plurality of anchor plates longitudinally spaced apart from each other; and
a rail extending longitudinally on the anchor plates;
a plurality of collapsible bays supported on the rail, at least some of the plurality of collapsible bays including:a divider slidably entrained on the rail and longitudinally spaced from a divider of an adjacent one of the plurality of collapsible bays;
and a plurality of side panels linking the dividers of the plurality of collapsible bays together,
each of the plurality of collapsible bays forming a space;
a plurality of crushable tubes oriented longitudinally in the spaces formed by the plurality of collapsible bays and extending between sequentially adjacent ones of the plurality of dividers, the plurality of dividers entraining the plurality of crushable tubes in the longitudinal orientation without the plurality of crushable tubes being fixed to the plurality of dividers,
the plurality of dividers being configured to be driven rearward along the rail and crush the plurality of crushable tubes to collapse the collapsible bays; and
a brace positioned in the space formed by one of the plurality of collapsible bays and configured to transfer lateral impact loads between opposing sides of the crash cushion apparatus,
wherein the brace extends to opposinq side panels of the plurality of side panels,and wherein the brace includes end brackets configured to nest on the opposinq side panels.

2\. (Original) The crash cushion apparatus of claim 1, wherein the brace is positioned in a forward-most collapsible bay of the plurality of collapsible bays.
3\. (Original) The crash cushion apparatus of claim 2, wherein the forward-most collapsible bay includes at least six of the plurality of crushable tubes.SVG {EMBED HERE} 0.3775.893

4\. (Original) The crash cushion apparatus of claim 3, wherein the forward-most collapsible bay includes eight of the plurality of crushable tubes.

5\. (Original) The crash cushion apparatus of claim 4, wherein some of the crushable tubes in the forward-most collapsible bay are upper crushable tubes and some of the crushable tubes in the forward-most collapsible bay are lower crushable tubes.

6\. (Canceled).

7\. (Canceled).

8\. (Currently Amended) The crash cushion apparatus of claim \[\[6\]\]1, wherein the brace is configured to slide relative to the opposinq side panels in a longitudinal direction of the crash cushion apparatus.

9\. (Currently Amended) The crash cushion apparatus of claim \[\[6\]\]1, wherein the brace includes structure configured to anchor a fastener thereto for securing the brace to the opposing side panels.

10\. (Original) The crash cushion apparatus of claim 1, wherein the brace is a hollow, cylindrical tube.

11\. (Currently Amended) A crash cushion apparatus comprising:
a rail assembly including:a plurality of anchor plates longitudinally spaced apart from each other; and
a rail extending longitudinally on the plurality of anchor plates;
a plurality of collapsible bays supported on the rail, at least some of the plurality of collapsible bays including:a divider slidably entrained on the rail and longitudinally spaced from a divider of an adjacent one of the plurality of collapsible bays;
and a plurality of side panels linking the dividers of the plurality of collapsible bays together,
each of the plurality of collapsible bays forming a space, one of the plurality of collapsible bays being a forward-most collapsible bay and one of the plurality of collapsible bays being a rearmost collapsible bay; a plurality of crushable tubes oriented longitudinally in the spaces formed by the plurality of collapsible bays and extending between sequentially adjacent ones of the plurality of dividers, the plurality of dividers entraining the plurality of crushable tubes in the longitudinal orientation without the plurality of crushable tubes being fixed to the plurality of dividers,
the plurality of dividers being configured to be driven rearward along the rail and crush the plurality of crushable tubes to collapse the collapsible bays,
the collapsible bay immediately aft of the forward-most collapsible bay having zero crushable tubesa;nd a brace positioned in the space formed by one of the plurality of collapsible bays and configured to transfer lateral impact loads between opposinq sides of the crash cushion apparatus,
wherein the brace extends to opposinq side panels of the plurality of side panels,and wherein the brace includes end brackets configured to nest on the opposinq side panels.Application Serial No. 18/488,433 Response dated November 12, 2025 Docket No. 58320-US-CIP1 Reply to Office Action of August 22, 2025

12\. (Original) The crash cushion apparatus of claim 11, wherein the forward-most collapsible bay includes at least six of the plurality of crushable tubes.

13\. (Original) The crash cushion apparatus of claim 12, wherein the forward-most collapsible bay includes eight of the plurality of crushable tubes.

14\. (Original) The crash cushion apparatus of claim 11, wherein the forward-most collapsible bay includes at least three upper crushable tubes and three lower crushable tubes of the plurality of crushable tubes.

15\. (Original) The crash cushion apparatus of claim 11, wherein the forward-most collapsible bay includes four upper crushable tubes and four lower crushable tubes of the plurality of crushable tubes.

16\. (Original) The crash cushion apparatus of claim 11, wherein the forward-most collapsible bay and the rearmost collapsible bay each include eight crushable tubes of the plurality of crushable tubes.

17\. (Original) The crash cushion apparatus of claim 11, wherein some of the collapsible bays between the forward-most collapsible bay and rearmost collapsible bay include inclusively between four and six crushable tubes of the plurality of crushable tubes.

18\. (Original) The crash cushion apparatus of claim 11, further comprising a brace positioned in the space formed by one of the plurality of collapsible bays and configured to transfer lateral impact loads between opposing sides of the crash cushion apparatus.

19\. (Original) The crash cushion apparatus of claim 18, wherein the brace is positioned in a forward-most collapsible bay of the plurality of collapsible bays.

20\. (Currently Amended) A crash cushion apparatus comprising:
a rail assembly including:a plurality of anchor plates longitudinally spaced apart from each other; and
a rail extending longitudinally on the plurality of anchor plates;
a plurality of collapsible bays supported on the rail, at least some of the plurality of collapsible bays including:a divider slidably entrained on the rail and longitudinally spaced from a divider of an adjacent one of the plurality of collapsible bays;
and a plurality of side panels linking the dividers of the plurality of collapsible bays together,
each of the plurality of collapsible bays forming a space, one of the plurality of collapsible bays being a forward-most collapsible bay and one of the plurality of collapsible bays being a rearmost collapsible bay; and a plurality of crushable tubes oriented longitudinally in the spaces formed by the plurality of collapsible bays and extending between sequentially adjacent ones of the plurality of dividers, the plurality of dividers entraining the plurality of crushable tubes in the longitudinal orientation without the plurality of crushable tubes being fixed to the plurality of dividers,
the plurality of dividers being configured to be driven rearward along the rail and crush the plurality of crushable tubes to sequentially collapse the collapsible bays,
the forward-most collapsible bay including at least six crushable tubes of the plurality of crushable tubes, and
the collapsible bay immediately aft of the forward-most collapsible bay having zero crushable tubes; and
a brace positioned in the space formed by the forward-most collapsible bay and configured to transfer lateral impact loads between opposing sides of the crash cushion apparatus,
wherein the brace extends to opposinq side panels of the plurality of side panels,andSVG {EMBED HERE} 0.185.887Application Serial No. 18/488,433 Response dated November 12, 2025 wherein the brace includes end brackets confiqured to nest on the opposinq side panels.

21\. (New) The crash cushion apparatus of claim 1, wherein each end bracket includes a vertically-extending section, an upper section extending diagonally upward from the vertically-extending section, and a lower section extending diagonally downward from the vertically-extending section.

22\. (New) The crash cushion apparatus of claim 11, wherein each end bracket includes a vertically-extending section, an upper section extending diagonally upward from the vertically-extending section, and a lower section extending diagonally downward from the vertically-extending section.

OFFICE 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 .
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.
Claim(s) 1-5 and 8-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 9051698 to Anghileri et al. (hereinafter “Anghileri”) in view of US 2008/0085153 to LaTurner et al. (hereinafter “LaTurner”).
-From Claim 1: Anghileri discloses a crash cushion apparatus 10 comprising:
a rail assembly including:
a plurality of anchor plates 24 longitudinally spaced apart from each other; and
a rail 22 extending longitudinally on the anchor plates;
a plurality of collapsible bays supported on the rail, at least some of the plurality of
collapsible bays including:
a divider 36 slidably entrained on the rail and longitudinally spaced from a divider of an adjacent one of the plurality of collapsible bays; and
a plurality of side panels 18 linking the dividers of the plurality of collapsible bays together, each of the plurality of collapsible bays forming a space;
a plurality of crushable tubes 44 oriented longitudinally in the spaces formed by the plurality of collapsible bays and extending between sequentially adjacent ones of the plurality of dividers, the plurality of dividers 36 entraining the plurality of crushable tubes in the longitudinal orientation without the plurality of crushable tubes being fixed to the plurality of dividers, the plurality of dividers 36 being configured to be driven rearward along the rail and crush the plurality of crushable tubes to collapse the collapsible bays.
However, Anghileri does not disclose:
a brace positioned in the space formed by one of the plurality of collapsible bays and configured to transfer lateral impact loads between opposing sides of the crash cushion apparatus,
wherein the brace extends to opposing side panels of the plurality of side panels, and
wherein the brace includes end brackets configured to nest on the opposing side panels.
LaTurner teaches a crash cushion similar to Anghileri which includes one or more braces 284 positioned in the space formed by one of the plurality of collapsible bays and configured to transfer lateral impact loads between opposing sides of the crash cushion apparatus, wherein the brace extends to opposite side panels of the plurality of side panels, and wherein the brace includes end brackets configured to nest on the opposing side panels. (¶121-122)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Anghileri by adding one or more braces as taught by LaTurner in order to enhance the lateral stiffness of the side panels during an impact.
-From Claim 2: LaTurner teaches wherein the brace 284 is positioned in a forward-most collapsible bay of the plurality of collapsible bays. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Anghileri by adding one or more braces as taught by LaTurner in order to enhance the lateral stiffness of the side panels during an impact.
-From Claim 3: Anghileri does not specifically disclose wherein the forward-most collapsible bay includes at least six of the plurality of crushable tubes; rather, it shows it as having four tubes in the first few bays, and then six thereafter.
However, it would have been obvious to one having ordinary skill in the art at the time the invention was made to alter the number of crush tubes in each of the respective bays, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
-From Claim 4: Anghileri does not specifically disclose wherein the forward-most collapsible bay includes eight of the plurality of crushable tubes.
However, it would have been obvious to one having ordinary skill in the art at the time the invention was made to alter the number of crush tubes in each of the respective bays, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art.  In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
-From Claim 5: Anghileri discloses wherein some of the crushable tubes in the forward-most collapsible bay are upper crushable tubes and some of the crushable tubes in the forward-most collapsible bay are lower crushable tubes.
-From Claim 8: LaTurner teaches wherein the brace 284 is configured to slide relative to the opposing side panels in a longitudinal direction of the crash cushion apparatus. (See e.g., Fig. 29, showing slideable brace 284; ¶122 describing operation of sliding brace embodiment)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Anghileri by adding one or more braces as taught by LaTurner in order to enhance the lateral stiffness of the side panels during an impact.
-From Claim 9: LaTurner teaches wherein the brace includes structure configured to anchor a fastener thereto for securing the brace to the opposing side panels. (Id.)(describing locator pins on the ends of the braces).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Anghileri by adding one or more braces as taught by LaTurner in order to enhance the lateral stiffness of the side panels during an impact.
-From Claim 10: Anghileri does not specifically disclose wherein the brace is a hollow, cylindrical tube; rather, 44 is a hollow square-shaped tube.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to change the cross sectional shape of the crush tubes from square to cylindrical, since there is no invention in merely changing the shape or form of an article without changing its function except in a design patent.  Eskimo Pie Corp. v. Levous et al., 3 USPQ 23.
-From Claim 11: Anghileri discloses a crash cushion apparatus 10 comprising:
a rail assembly including:
a plurality of anchor plates 24 longitudinally spaced apart from each other; and
a rail 23 extending longitudinally on the plurality of anchor plates;
a plurality of collapsible bays supported on the rail, at least some of the plurality of collapsible bays including:
a divider 36 slidably entrained on the rail and longitudinally spaced from a divider of an adjacent one of the plurality of collapsible bays; and
a plurality of side panels 18 linking the dividers of the plurality of collapsible bays together,
each of the plurality of collapsible bays forming a space, one of the plurality of collapsible bays being a forward-most collapsible bay and one of the plurality of collapsible bays being a rearmost collapsible bay; and
a plurality of crushable tubes 44 oriented longitudinally in the spaces formed by the plurality of collapsible bays and extending between sequentially adjacent ones of the plurality of dividers, the plurality of dividers entraining the plurality of crushable tubes in the longitudinal orientation without the plurality of crushable tubes being fixed to the plurality of dividers, the plurality of dividers being configured to be driven rearward along the rail and crush the plurality of crushable tubes to collapse the collapsible bays.
However, Anghileri does not disclose:
[A] the collapsible bay immediately aft of the forward-most collapsible bay having zero crushable tubes; or
[B] a brace positioned in the space formed by one of the plurality of collapsible bays and configured to transfer lateral impact loads between opposing sides of the crash cushion apparatus,
wherein the brace extends to opposing side panels of the plurality of side panels, and
wherein the brace includes end brackets configured to nest on the opposing side panels.
As to [A], it would have been obvious to one having ordinary skill in the art at the time the invention was made to alter the number of crush tubes in each of the respective bays, since (a) the number of crush tubes is at a minimum toward the front end in Anghileri as it is, and (b) it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art.  In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
As to [B], LaTurner teaches a crash cushion similar to Anghileri which includes one or more braces 284 positioned in the space formed by one of the plurality of collapsible bays and configured to transfer lateral impact loads between opposing sides of the crash cushion apparatus, wherein the brace extends to opposite side panels of the plurality of side panels, and wherein the brace includes end brackets configured to nest on the opposing side panels. (¶121-122)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Anghileri by adding one or more braces as taught by LaTurner in order to enhance the lateral stiffness of the side panels during an impact.
-From Claim 12: Anghileri does not specifically disclose wherein the forward-most collapsible bay includes at least six of the plurality of crushable tubes; rather, it shows it as having four tubes in the first few bays, and then six thereafter.
However, it would have been obvious to one having ordinary skill in the art at the time the invention was made to alter the number of crush tubes in each of the respective bays, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art.  In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
-From Claim 13: Anghileri does not specifically disclose wherein the forward-most collapsible bay includes eight of the plurality of crushable tubes.
However, it would have been obvious to one having ordinary skill in the art at the time the invention was made to alter the number of crush tubes in each of the respective bays, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art.  In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
-From Claim 14: Anghileri does not disclose wherein the forward-most collapsible bay includes at least three upper crushable tubes and three lower crushable tubes of the plurality of crushable tubes.
However, it would have been obvious to one having ordinary skill in the art at the time the invention was made to alter the number of crush tubes in each of the respective bays, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art.  In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
-From Claim 15: Anghileri does not disclose wherein the forward-most collapsible bay includes four upper crushable tubes and four lower crushable tubes of the plurality of crushable tubes.
However, it would have been obvious to one having ordinary skill in the art at the time the invention was made to alter the number of crush tubes in each of the respective bays, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art.  In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
-From Claim 16: Anghileri does not disclose wherein the forward-most collapsible bay and the rearmost collapsible bay each include eight crushable tubes of the plurality of crushable tubes.
However, it would have been obvious to one having ordinary skill in the art at the time the invention was made to alter the number of crush tubes in each of the respective bays, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art.  In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
-From Claim 17: Anghileri does not disclose wherein some of the collapsible bays between the forward-most collapsible bay and rearmost collapsible bay include inclusively between four and six crushable tubes of the plurality of crushable tubes.
-From Claim 18: LaTurner teaches a brace positioned in the space formed by one of the plurality of collapsible bays and configured to transfer lateral impact loads between opposing sides of the crash cushion apparatus.
LaTurner teaches a crash cushion similar to Anghileri which includes one or more braces 284 positioned in the space formed by one of the plurality of collapsible bays and configured to transfer lateral impact loads between opposing sides of the crash cushion apparatus. (¶121)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Anghileri by adding one or more braces as taught by LaTurner in order to enhance the lateral stiffness of the side panels during an impact.
-From Claim 19: LaTurner teaches wherein the brace 284 is positioned in a forward-most collapsible bay of the plurality of collapsible bays.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Anghileri by adding one or more braces as taught by LaTurner in order to enhance the lateral stiffness of the side panels during an impact.
-From Claim 20: Anghileri discloses a crash cushion apparatus 10 comprising:
a rail assembly including:
a plurality of anchor plates 24 longitudinally spaced apart from each other; and
a rail 22 extending longitudinally on the plurality of anchor plates;
a plurality of collapsible bays supported on the rail, at least some of the plurality of collapsible bays including:
a divider 36 slidably entrained on the rail and longitudinally spaced from a divider of an adjacent one of the plurality of collapsible bays; and
a plurality of side panels 18 linking the dividers of the plurality of collapsible bays together,
each of the plurality of collapsible bays forming a space, one of the plurality of collapsible bays being a forward-most collapsible bay and one of the plurality of collapsible bays being a rearmost collapsible bay; and
a plurality of crushable tubes 44 oriented longitudinally in the spaces formed by the plurality of collapsible bays and extending between sequentially adjacent ones of the plurality of dividers, the plurality of dividers entraining the plurality of crushable tubes in the longitudinal orientation without the plurality of crushable tubes being fixed to the plurality of dividers,
the plurality of dividers being configured to be driven rearward along the rail and crush the plurality of crushable tubes to sequentially collapse the collapsible bays.
However, Anghileri does not disclose:
[A] the forward-most collapsible bay including at least six crushable tubes of the plurality of crushable tubes, and
[B] the collapsible bay immediately aft of the forward-most collapsible bay having zero crushable tubes; and
[C] a brace positioned in the space formed by the forward-most collapsible bay and configured to transfer lateral impact loads between opposing sides of the crash cushion apparatus,
wherein the brace extends to opposing side panels of the plurality of side panels, and
wherein the brace includes end brackets configured to nest on the opposing side panels.
As to [A] and [B], it would have been obvious to one having ordinary skill in the art at the time the invention was made to alter the number and location of crush tubes in each of the respective bays, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art.  In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
As to [B], it would have been obvious to one having ordinary skill in the art at the time the invention was made to alter the number of crush tubes in each of the respective bays, since (a) the number of crush tubes is at a minimum toward the front end in Anghileri as it is, and (b) it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art.  In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
As to [C], LaTurner teaches a crash cushion similar to Anghileri which includes one or more braces 284 positioned in the space formed by one of the plurality of collapsible bays and configured to transfer lateral impact loads between opposing sides of the crash cushion apparatus, wherein the brace extends to opposite side panels of the plurality of side panels, and wherein the brace includes end brackets configured to nest on the opposing side panels. (¶121-122)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Anghileri by adding one or more braces as taught by LaTurner in order to enhance the lateral stiffness of the side panels during an impact.
Allowable Subject Matter
Claims 21 and 22 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.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art is lacking a teaching, suggestion, or motivation to modify and/or combine Anghileri and/or LaTurner such that: each end bracket includes a vertically-extending section, an upper section extending diagonally upward from the vertically-extending section, and a lower section extending diagonally downward from the vertically-extending section.
Response to Arguments
Applicant's arguments filed 11/12/2025 have been fully considered but they are not persuasive.
Applicant argues:
The Office Action does not explain what in LaTurner is considered end brackets. Indeed, LaTurner does not contemplate or show end brackets of any kind. The Office Action also does not provide support for LaTurner disclosing alleged end brackets configured to nest on the opposing side panels. Again, the bridge members 284 merely extend flush to the side panels, which cannot be construed as nesting on the opposing side panels, and cannot be construed as end brackets nesting on the opposing side panels.
Examiner disagrees.  First, LaTurner does contemplate brackets.  See Figs. 29 and 34, showing bracket 240.  Second, the limitation “configured to nest” would not be limited to the characteristics of Applicant’s invention, and is broad enough to include the structural relationship disclosed in LaTurner between the brace(s) and the panel(s)
Applicant’s arguments with respect to claim 8 are considered moot in view of the new ground of rejection, necessitated by Applicant’s amendment(s) to claim 8.
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.

APPLICANT REBUTTAL: Remarks:
Status of Claims
Claims 1-20 were previously pending with claims 1, 11, and 20 being independent. Claims 1, 8, 9, 11, and 20 are presently amended. Claims 6 and 7 have been canceled. Claims 21 and 22 are new. Therefore, claims 1-5 and 8-22 are pending with claims 1, 11, and 20 being independent.
Office Action
In the Office Action dated August 22, 2025 (hereinafter "Office Action"), claim 7 was rejected under 35 U.S.C. § 103 as being unpatentable over US Pat. No. 9,051,698 to Anghileri in view of US Pat. App. Pub. No. 2008/0085153 to LaTurner. Specifically, the Office Action asserted LaTurner teaches a brace including end brackets configured to nest on opposing side panels. The Office Action points to paragraphs 121 and 122 of LaTurner to support this assertion. Applicant respectfully disagrees.
Paragraphs 121 and 122 merely discuss bridge members 284 extending between the side panels. Paragraphs 121 and 122 refer to FIGS. 14, 29, and 34, which clearly show the bridge members 284 abutting the side panels in FIG. 14 or side structures 330 in FIGS. 29 and 34 (see below-red circles added for clarity). The Office Action does not explain what in LaTurner is considered end brackets. Indeed, LaTurner does not contemplate or show end brackets of any kind. The Office Action also does not provide support for LaTurner disclosing alleged end brackets configured to nest on the opposing side panels. Again, the bridge members 284 merely extend flush to the side panels, which cannot be construed as nesting on the opposing side panels, and cannot be construed as end brackets nesting on the opposing side panels.
Docket No. 58320-US-CIP1
Docket No. 58320-US-d
Reply to Office Action of August 22, 2025
rejection of claims 1, 11, and 20 be withdrawn.
Claim 8 was rejected as being unpatentable over Anghileri in view of LaTurner. Specifically, the Office Action asserted LaTurner teaches the brace (bridge member) 284 is in slideable engagement with the opposing side panels. The Office Action added that LaTurner explains that the locator pins on the end of the braces slide out of the openings in the side panels during an impact.
Claim 8 has been amended to more clearly recite the desired claim scope. That is, claim 8 now recites, among other features, the brace is configured to slide relative to the opposing side panels in a longitudinal direction of the crash cushion apparatus. Support for this amendment can be found at least in paragraph [0132] of the Application as filed.
The locator pins of LaTurner prevent sliding of the bridge member 284 relative to the opposing side panels in the longitudinal direction. It would also not be obvious to modify LaTurner to achieve this feature because there is no reason or suggestion to do so. Applicant therefore respectfully requests the rejection of claim 8 be withdrawn.
New claims 21 and 22 recite, among other features, each end bracket includes a vertically- extending section and an upper section and a lower section extending diagonally from the vertically-extending section. Support for these claims can be found at least in FIGS. 12 and 13 of the Drawings as filed. None of the cited prior art references, alone or in combination, teach this feature.
The remaining claims not specifically discussed herein depend, either directly or indirectly, from claims 1, 11, and 20. In view of this amendment and the remarks herein, Applicant respectfully submits claims 1-5 and 8-22 are in allowable condition and requests a corresponding Notice of Allowance. In the event of further questions, the Examiner is urged to call the undersigned. Any fee which might be due in connection with this application should be applied against our Deposit Account No. 19-0522.
Respectfully submitted,

NEXT OFFICE 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 .
Allowable Subject Matter
Claims 1-5, 8-17, 19, and 20 are allowed.
The following is an examiner’s statement of reasons for allowance:
Examiner finds Applicant's arguments as to allowability presented in the Remarks submitted 12/30/2025 to be persuasive and, therefore, adopts them as the basis for the finding of allowability.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee.  Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion

CITED REFERENCE SUMMARIES: Ref US20080085153: Claims:
1. A vehicle crash cushion for decelerating a vehicle comprising: 
a plurality of support members at least some of which are moveable in a longitudinal direction from an initial position to an impact position, wherein said plurality of support members are spaced apart in said longitudinal direction and define at least in part first, second and third bays between respective pairs of said support members when said support members are in said initial condition, wherein said first bay is positioned forwardly of said second bay and said second bay is positioned forwardly of said third bay; and  said first, second and third bays comprising first, second and third energy absorbing structures respectively, wherein said first, second and third energy absorbing structures have first, second and third impact strengths respectively, wherein said first impact strength is greater than said second and third impact strengths and wherein said third impact strength is greater than said second impact strength, wherein said second, third and first bays are collapsible in sequential order as respective support members defining at least in part each of said second, third and first bays are moved in said longitudinal direction from said initial condition to said impact position.
2. The vehicle crash cushion of claim 1 further comprising a plurality of side panels connected to said plurality of support members and defining at least in part said first, second and third bays, wherein at least one of said first, second and third energy absorbing structures comprises a strap connected between one of said support members and one of said side panels defining a respective one of said first, second and third bays.
3. The vehicle crash cushion of claim 2 wherein said strap is further connected to an adjacent side panel positioned rearwardly of said one of said side panels.
4. The vehicle crash cushion of claim 2 wherein said first energy absorbing structure comprises a first strap connected to a side panel defining in part said first bay, said second energy absorbing structure comprises a second strap connected to a side panel defining in part said second bay, and said third energy absorbing structure comprises a third strap connected to a side panel defining in part said third bay.
5. The vehicle crash cushion of claim 4 wherein said second strap is shorter than said first and third straps.
6. The vehicle crash cushion of claim 1 wherein said first, second and third bays have first, second and third lengths respectively, wherein said second length is greater than said first and third lengths.
7. The vehicle crash cushion of claim 1 wherein at least one of said first, second and third energy absorbing structures comprises a deforming member connected to one of said support members, wherein said deforming member is deformably engaged with an attenuator member extending in said longitudinal direction.
8. The vehicle crash cushion of claim 7 wherein said attenuator member comprises a tube.
9. A method of decelerating a vehicle with a crash cushion comprising: 
providing said crash cushion comprising first, second and third bays, wherein said first bay is positioned forwardly of said second bay and said second bay is positioned forwardly of said third bay, wherein said first, second and third bays comprise first, second and third energy absorbing structures respectively, wherein said first, second and third energy absorbing structures have first, second and third impact strengths respectively, wherein said first impact strength is greater than said second and third impact strengths and wherein said third impact strength is greater than said second impact strength;  impacting said crash cushion and sequentially collapsing said second, third and first bays.
10. A vehicle crash cushion comprising: 
at least a pair of spaced apart support members;  a side panel coupled to said support members, said side panel comprising at least one exterior ridge defining an interior valley; and  a reinforcing member disposed in said interior valley, said reinforcing member having a height that varies along at least a portion of a length thereof, wherein said reinforcing member penetrates said interior valley a varying amount corresponding to the height thereof.
11. A crash cushion comprising: 
a deformable tube extending in a longitudinal direction and having a first length defined between first and second ends, wherein a portion of said tube is at least partially filled with a secondary component, wherein said portion of said tube filled with said secondary component has a greater deformation strength than unfilled portions of said tube, wherein said portion of said tube filled with said secondary component has a second length less than said first length; and  a deforming member moveable relative to said deformable tube in said longitudinal direction between at least a first and second position, wherein said deforming member deforms said deformable tube as said deforming member and said deformable tube are moved relative to each other between said first and second positions.
12. The crash cushion of claim 11 wherein said deforming member comprises a housing surrounding said deformable tube.
13. The crash cushion of claim 11 wherein said deforming member comprises an impingement member comprising a contact surface having an initial contact portion and a maximum contact portion, wherein said maximum contact portion impinges a greater amount on said deformable member than does said initial contact portion.
14. The crash cushion of claim 11 wherein said secondary component comprises a tube.
15. The crash cushion of claim 11 wherein said secondary component comprises a material selected from the group consisting of rubber, water, plastic, sand, polyurethane foam.
16. A vehicle crash cushion comprising: 
an elongated frame comprising a plurality of sections including at least a first and second section arranged end to end along a longitudinal direction, said first and second frame sections comprising first and second side panels respectively, wherein each of said side panels comprises at least one longitudinally extending ridge and at least one longitudinally extending valley, and wherein said first side panel is moveable relative to said second side panel in response to an axial force being applied to said elongated frame; and  a connector comprising at least one first strap portion disposed in said at least one valley of said first side panel, said at least one first strap portion connected to said first side panel in said at least one valley, and at least one second strap portion disposed adjacent to said at least one ridge of said second side panel, said second strap connected to said second side panel along said at least one ridge, wherein said first and second strap portions lie in first and second laterally offset planes respectively.
17. The vehicle crash cushion of claim 16 wherein said frame further comprises a plurality of support members spaced along said longitudinal direction and defining at least in part said first and second frame sections, wherein said at least one second strap portion is connected to one of said support members.
18. The vehicle crash cushion of claim 16 wherein said connector comprises a pair of first strap portions and said first side panel comprises at least a pair of valleys, wherein said first strap portions are disposed in respective ones of said valleys and are secured respectively to said first side panel in said valleys.
19. The vehicle crash cushion of claim 16 wherein said second strap portion comprises a vertical portion connected to said pair of first strap portions and a horizontal portion connected to said second side panel along said at least one ridge.
20. The vehicle crash cushion of claim 19 wherein said second strap portion is substantially T-shaped.
21. The vehicle crash cushion of claim 16 wherein said first strap portion is connected to said first side panel along opposite side edges of said first strap portion.
22. The vehicle crash cushion of claim 21 wherein said first strap portion is connected to said first side panel with a plurality of first attachment locations spaced along one of said side edges and is connected to said first side panel with a plurality of second attachment locations spaced along the other of said side edges.
23. The vehicle crash cushion of claim 22 wherein at least a portion of said first and second attachment locations are staggered along said longitudinal direction.
24. The vehicle crash cushion of claim 16 wherein said first strap portion and said valley of said first side panel define a cavity therebetween.
25. A method of decelerating a vehicle with a crash cushion comprising: 
providing said crash cushion comprising an elongated frame comprising a plurality of sections including at least a first and second section arranged end to end along a longitudinal direction, said first and second frame sections comprising first and second side panels respectively, wherein each of said side panels comprises at least one longitudinally extending ridge and at least one longitudinally extending valley, and a connector comprising at least one first strap portion disposed in said at least one valley of said first side panel, said at least one first strap portion connected to said first side panel in said at least one valley, and at least one second strap portion disposed adjacent to said at least one ridge of said second side panel, said second strap connected to said second side panel along said at least one ridge, wherein said first and second strap portions lie in first and second laterally offset planes respectively;  impacting said crash cushion in an axial direction;  moving said first side panel relative to said second side panel in response to said impacting said crash cushion; and  progressively disconnecting said at least one first strap portion from said first side panel as said first side panel is moved relative to said second side panel.
26. The method of claim 25 wherein said frame further comprises a plurality of support members spaced along said longitudinal direction and defining at least in part said first and second frame sections, wherein said at least one second strap portion is connected to one of said support members.
27. The method of claim 25 wherein said connector comprises a pair of first strap portions and said first side panel comprises at least a pair of valleys, wherein said first strap portions are disposed in respective ones of said valleys and are secured respectively to said first side panel in said valleys and wherein said progressively disconnecting said first strap portion from said first side panel comprises progressively disconnecting said pair of first strap portions from said first side panel as said first side panel is moved relative to said second side panel.
Ref US9051698T: [content unavailable]