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 1-25 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.
Claim 1 recites the limitation "the railing spar" in line 4. There is insufficient antecedent basis for this limitation in the claim. See also claim 3.
Claim 2 recites the limitation "the extension" in line 2. There is insufficient antecedent basis for this limitation in the claim. Also see claims 4 and 6.
Claim 3 recites the limitation "the end-side widening" in line 2. There is insufficient antecedent basis for this limitation in the claim. See also claim 5.
Regarding claim 7, it is unclear what is meant by “has a reduced width….wherein, for reducing the width”. Is there any additional meaning to having a reduced width for reducing the width?
Regarding claim 15, lines 4 and 6, the recitation “the guardrail rail” renders the claim indefinite because it is unclear if this is a typo or if Applicant is attempting to recite and additional structure.
Regarding claim 15, lines 8-10, what does “which is moved into its position of use for this purpose” actually mean? And further what is “the railing post” which is being pivoted?
Regard claim 17, the claim is rendered indefinite because it merely recites a use without any active, positive steps delimiting how this use is actually practiced. Ex parteErlich, 3 USPQ2d 1011 (Bd. Pat. App. & Inter. 1986).
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 1-3, 8-11, 15-18, 22, and 23 is/are rejected under 35 U.S.C. 102(a)(1)as being anticipated by KR 10-2008-0108205 to Yim.
Regarding claim 1, Yim discloses a guardrail for a scaffold, having at least at one end a coupling portion (52, Fig.5) for coupling to a coupling member (61, 62) of a vertical post (1) or of a vertical frame of the scaffold, wherein the coupling portion is flat (Fig.5) and is penetrated by an elongate opening (54) which extends parallel to a longitudinal axis of the railing spar (Fig.5), which has a constant width up to an end widening (53).
Regarding claim 2, wherein, in top view of the coupling portion, the opening and/or the extension is/are arranged centrally with respect to the longitudinal axis (Fig.5).
Regarding claim 3, wherein the end-side widening is arranged at the end of the opening facing the railing spar (Fig.5).
Regarding claim 8, wherein the coupling portion has, in top view, two straight side edges (top and bottom of 52, Fig.5) and an arcuate end edge (left side of 52, Fig.5) connecting the two side edges.
Regarding claim 9, wherein the guardrail is formed from a metal tube (56, 57).
Regarding claim 10, wherein the guardrail has a coupling section at both ends (Fig.8) and wherein the two coupling sections are of the same or of different design (Fig.7 or 8).
Regarding claim 11, Yim discloses a scaffolding having at least one guardrail according to claim 1 (Fig.8) and at least one vertical post or vertical frame (1), which has at least one coupling element (60) for coupling to a coupling section of the guardrail spar.
Regarding claim 15, Yim discloses a method of erecting a scaffold (Fig.8) in which a guardrail according to claim 1 (See claim 1) is connected to an already assembled first vertical post or frame and a second vertical post or frame yet to be assembled (Fig.8), comprising: a) coupling a first coupling portion of the guardrail rail to a coupling member of the first vertical post or frame (connecting to 60, Fig. 3 and 8), b) coupling a second coupling portion of the guardrail rail to a coupling member of the second vertical post or frame (connecting to 60, Fig. 3 and 8), c) positioning the railing post with the aid of the second vertical post or frame, which is moved into its position of use for this purpose, the railing post being pivoted about the coupling element of the first vertical post or frame (Fig.8).
Regarding claim 16, wherein in step a) and/or in step b) the coupling element of the vertical post or frame is brought into engagement with the opening of the respective coupling portion of the railing rail (Fig. 3 and 8).
Regarding claim 17, use of a guardrail spar according to claim 1 in a scaffold, in a modular or frame scaffold, for forming a leading guardrail (Fig.8).
Regarding claim 18, wherein, in top view of the coupling section, the opening is widened on one side only (Fig.5).
Regarding claim 22, wherein the arcuate end edge is concentric with a rounding at the outer end of the opening (Fig.5).
Regarding claim 23, wherein the metal tube has a circular cross-sectional shape and/or is plastically deformed at least at one end to form or receive a coupling portion (Fig. 5, half circular but also has bent edge).
Claim(s) 1-3, 5, 6, 9-11, 17-20, and 23 is/are rejected under 35 U.S.C. 102(a)(1)as being anticipated by KR 10-2020-0041147 to Kim.
Regarding claim 1, Kim discloses a guardrail (200) for a scaffold, having at least at one end a coupling portion (202, 203) for coupling to a coupling member of a vertical post or of a vertical frame of the scaffold (P), wherein the coupling portion is flat (Fig.1) and is penetrated by an elongate opening (slot of 210/220, Fig.1 and 7) which extends parallel to a longitudinal axis of the railing spar, which has a constant width up to an end widening (circular opening of 210).
Regarding claim 2, wherein, in top view of the coupling portion, the opening and/or the extension is/are arranged centrally with respect to the longitudinal axis (Fig.1).
Regarding claim 3, wherein the end-side widening is arranged at the end of the opening facing the railing spar (220).
Regarding claim 5, wherein the end-side widening is arranged at the end of the opening facing away from the railing spar (210, Fig.1), wherein, in top view of the coupling section, the opening is widened on both sides (210, Fig.1), is formed mirror-symmetrically with respect to the longitudinal axis.
Regarding claim 6, wherein, in top view of the coupling section, the extension is rounded, circular or part- circular (Fig.1).
Regarding claim 9, wherein the guardrail is formed from a metal tube (201, conventional pipe forms 201).
Regarding claim 10, wherein the guardrail has a coupling section at both ends (202 and 203) and wherein the two coupling sections are of the same or of different design (202 and 203).
Regarding claim 11, Kim discloses a scaffolding having at least one guardrail according to claim 1 (200, see claim 1) and at least one vertical post (P), which has at least one coupling element (holes into which 340 is inserted) for coupling to a coupling section of the guardrail spar.
Regarding claim 17, use of a guardrail spar according to claim 1 in a scaffold, in a modular or frame scaffold, for forming a leading guardrail (Fig.1).
Regarding claim 18, wherein, in top view of the coupling section, the opening is widened on one side only (Fig.1).
Regarding claim 19, wherein, in top view of the coupling section, the opening is widened on both sides (Fig.1).
Regarding claim 20, wherein, in top view of the coupling section, the opening is formed mirror-symmetrically with respect to the longitudinal axis (Fig.1).
Regarding claim 23, wherein the metal tube has a circular cross-sectional shape and/or is plastically deformed at least at one end to form or receive a coupling portion (Fig.1).
Claim(s) 1-4, 8-18, and 22-25 is/are rejected under 35 U.S.C. 102(a)(1)as being anticipated by DE 10 2018 123 567 A1 to Gaiser et al.
Regarding claim 1, Gaiser et al. disclose a guardrail (10) for a scaffold (Fig.1), having at least at one end a coupling portion (end 12 and 22, Fig.2) for coupling to a coupling member (14) of a vertical post (16), wherein the coupling portion is flat (12b, Fig.4) and is penetrated by an elongate opening (12c, Fig.4) which extends parallel to a longitudinal axis of the railing spar, which has a constant width up to an end widening (perpendicular portion of 12c, Fig.4).
Regarding claim 2, wherein, in top view of the coupling portion, the opening and/or the extension is/are arranged centrally with respect to the longitudinal axis (Fig.4).
Regarding claim 3, wherein the end-side widening is arranged at the end of the opening facing the railing spar (Fig.4).
Regarding claim 4, wherein the extension is guided in a slot-like manner up to a side edge of the couple section (Fig.4).
Regarding claim 8, wherein the coupling portion has, in top view, two straight side edges (Fig.4) and an arcuate end edge (Fig.4) connecting the two side edges.
Regarding claim 9, wherein the guardrail is formed from a metal tube (10).
Regarding claim 10, wherein the guardrail has a coupling section at both ends (Fig.2) and wherein the two coupling sections are of the same or of different design (Fig.2, 5, and 7).
Regarding claim 11, Gaiser et al. discloses a scaffolding (Fig.1a) having at least one guardrail according to claim 1 (Fig.2) and at least one vertical post or vertical frame (16), which has at least one coupling element (14, Fig.5) for coupling to a coupling section of the guardrail spar.
Regarding claim 12, Gaiser et al. disclose wherein the coupling element is substantially L-shaped (14, Fig.5) and has a first section (horizontal section secured to 16) connected to the vertical stem or vertical frame and a second section (vertical section of 14) arranged at an angle thereto.
Regarding claim 13, Gaiser et al. disclose wherein the first portion and the second portion of the coupling element each have a circular cross-sectional shape (Fig. 5) and/or the second portion has a bead-like projection (projection on 14, Fig.5).
Regarding claim 14, Gaiser et al. disclose wherein the bead-like projection is arranged at least on the side of the second portion facing the vertical stem or the vertical frame, so that the distance between the second portion of the coupling element and the vertical stem or the vertical frame is reduced by the projection (Fig.5).
Regarding claim 15, Gaiser et al. disclose a method of erecting a scaffold (Fig.1a) in which a guardrail according to claim 1 (Fig.2, 5, 7; See claim 1) is connected to an already assembled first vertical post or frame and a second vertical post or frame yet to be assembled (Fig.1a), comprising: a) coupling a first coupling portion of the guardrail rail to a coupling member of the first vertical post or frame (Fig.5), b) coupling a second coupling portion of the guardrail rail to a coupling member of the second vertical post or frame (Fig.7), c) positioning the railing post with the aid of the second vertical post or frame, which is moved into its position of use for this purpose, the railing post being pivoted about the coupling element of the first vertical post or frame (Fig.5 and 7).
Regarding claim 16, wherein in step a) and/or in step b) the coupling element of the vertical post or frame is brought into engagement with the opening of the respective coupling portion of the railing rail (Fig. 5 and 7).
Regarding claim 17, use of a guardrail spar according to claim 1 in a scaffold, in a modular or frame scaffold, for forming a leading guardrail (Fig.1a).
Regarding claim 18, wherein, in top view of the coupling section, the opening is widened on one side only (Fig.5).
Regarding claim 22, wherein the arcuate end edge is concentric with a rounding at the outer end of the opening (Fig.5).
Regarding claim 23, wherein the metal tube has a circular cross-sectional shape (10a) and/or is plastically deformed at least at one end to form or receive a coupling portion (12a into 12b, Fig. 5).
Regarding claim 24, Gaiser et al. disclose wherein the second section is arranged at right angles thereto (Fig.5), which second section extends vertically upwards in the position of use of the vertical stem or vertical frame (Fig.5).
Regarding claim 25, Gaiser et al. disclose wherein the bead-like projection extends only over a partial circumferential region (Fig.5).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 12-14, 24, and 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over KR 10-2008-0108205 to Yim in view of US 2021/0285242 A1 to Steck et al.
Regarding claim 12, Yim discloses a coupling element but does not disclose wherein the coupling element is substantially L-shaped and has a first section connected to the vertical stem or vertical frame and a second section arranged at an angle thereto.
Steck et al. disclose the coupling element is substantially L-shaped (Fig.4a, 50, Fig.5b) and has a first section (horizontal portion, Fig.5b) connected to the vertical stem or vertical frame and a second section (vertical portion, Fig.5b) arranged at an angle thereto.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have provided the framing elements of Yim with an L-shaped coupling element as taught by Steck et al. so to provide a coupling element which enables the rails to be more easily mounted by enabling the rail to be easy set and hold onto the vertical portion of the member while the installer is able to grip and maneuver the rail into final position.
Regarding claim 13, Steck et al. disclose wherein the first portion and the second portion of the coupling element each have a circular cross-sectional shape (Fig. 5a-6) and/or the second portion has a bead-like projection (54,56).
Regarding claim 14, Steck et al. disclose wherein the bead-like projection is arranged at least on the side of the second portion facing the vertical stem or the vertical frame, so that the distance between the second portion of the coupling element and the vertical stem or the vertical frame is reduced by the projection (Fig.4a).
Regarding claim 24, Steck et al. disclose wherein the second section is arranged at right angles thereto (Fig,.5b), which second section extends vertically upwards in the position of use of the vertical stem or vertical frame (Fig.4a).
Regarding claim 25, Steck et al. disclose wherein the bead-like projection extends only over a partial circumferential region (Fig.4a-6).
Claim(s) 7 and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over KR 10-2020-0041147 to Kim in view of WO 2018/073741 to Amadio.
Regarding claim 7, Kim does not disclose wherein the coupling section has a reduced width at its end facing away from the railing spar, wherein, for reducing the width.
Amadio discloses wherein the coupling section has a reduced width (10) at its end facing away from the railing spar, wherein, for reducing the width.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have provided a reduced width at the end of the coupling section of Kim as taught by Amadio so to round the edge and rid the rail of sharp edges which will not interfere with installation or cause injury during installation.
Regarding claim 21, Kim does not disclose wherein the coupling section has a recess on both sides.
Amadio discloses the coupling section has a recess on both sides (Fig.6 where the plate 5 connects to tube 7, the plate has recesses on each side).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have provided recesses to the sides of the coupling section of Kim as taught by Amadio to enable the coupling section to meet the edges of the tube, thereby eliminating any unnecessary material sticking out of the sides of the rail/coupling section connection.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RYAN D KWIECINSKI whose telephone number is (571)272-5160. The examiner can normally be reached Monday - Thursday from 8:30 am to 4:00 pm.
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RDK
/RYAN D KWIECINSKI/Primary Examiner, Art Unit 3635