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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicants’ submission filed on 08/18/2026 has been entered. Claims 3-17, 19-30, 33-34, 36-38 and 40-41 have been cancelled. Claims 1, 18 and 31 have been amended. Therefore, claims 1-2, 18, 31-32, 35 and 39 remain pending in the application.
Claim Objections
Claims 1, 18 and 31 are objected to because of the following informalities:
Claims 1, 18 and 31 recite the limitation “a sufficient distance”; this language is objected to because the term “sufficient” is considered a relative term, where there is no specific amount or length that would be known to constitute or define sufficiency.
Appropriate correction is required.
Claim Rejections - 35 USC § 102/103
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 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.
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 of this title, 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 and 2 are rejected under 35 U.S.C. 102(a)(1) as anticipated by Soujeole, US (2020/0123790); or, in the alternative, under 35 U.S.C. 103 as obvious over Soujeole, US (2020/0123790) in view of Hewett, US (2003/0101677).
In regards to claim 1 Soujeole discloses:
A monopole platform assembly (200; fig. 7, 8), the platform assembly comprising:
a frame (102; fig. 3), the frame comprising:
an elongate, hollow main support member (102m; fig. 3) of rectangular cross-section (as shown in fig. 3); and
a plurality of elongate, hollow auxiliary support members (102b, 102f) of rectangular cross- section attached orthogonally to the main support member (as shown in fig. 3);
a mounting plate (104) coupled to an end of the main support member (end closer to viewer as shown in fig. 3);
at least two grating edge members (108) coupled to the auxiliary support members (as shown in fig. 2); and
a grating (106; fig. 2), wherein the grating is supported by the two grating edge members, the auxiliary support members, and the main support member (as shown in fig. 2 & 6),
wherein opposing flanged ends of each auxiliary support member (opposite ends of 102b, 102f, and flanged by the unnumbered brackets/plates/flanges as shown in the annotated drawings of fig. 7 below) extend outwardly a sufficient distance past an outer edge of the grating edge members (auxiliary support members 102b extend past outer edges of grating edge members 108 as shown in fig. 3, it is also submitted that inserts in the form of unnumbered brackets/plates/flanges shown in fig. 7 inserted into members 102b are also considered part of the auxiliary support members; see annotated drawings) such that the extended flanged ends of the auxiliary support members are positioned below at least a portion of a horizontal pipe member {portion of 210b supported above at least the lower half/portion of the support rings (see annotated drawings below) which are considered part of the extended flanged ends; as one interpretation, please see alternative 103 rejection below} with the horizontal pipe member contacting and being secured to an upper surface of the respective extended flanged end of the auxiliary support members {upper surface of the bottom half/portion of the support rings (see annotated drawings below) contacting the horizontal pipe member 210b}, and
wherein the flanged extended ends of the auxiliary support members each include a feature (rings at the ends of the flanges/brackets; see annotated drawings) configured to enable (intended use) fixing of the horizontal pipe member thereto.
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If it was found that the flanged ends of the auxiliary support member of Soujeole do not meet the limitations of “the extended flanged ends of the auxiliary support members are positioned below at least a portion of a horizontal pipe member with the horizontal pipe member contacting and being secured to an upper surface of the respective extended flanged end of the auxiliary support members”; examiner submits the rejection of Soujeole above, in further view of Hewett. Where Hewett teaches extended flanged ends (end of 33, flanged by stabilizing member 28; as shown in fig. 6A; reproduced below) of the auxiliary support members (33 equivalent to 102b, 102f of Soujeole) are positioned below at least a portion of a horizontal pipe member (32) with the horizontal pipe member contacting and being secured to an upper surface (top surface 22 of stabilizing member 28 and secured by wing nut combination 34; fig. 6A) of the respective extended flanged end of the auxiliary support members (as shown in fig. 6A; see below).
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Therefore, before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to utilize a stabilizing member 28 as taught by Hewett onto the ends of the auxiliary support members of Soujeole for the predictable result with reasonable expectation of success i.e., to enhance stability of the relative positing of the members with respect to each other resulting from (a) the curved groove into which the horizontal pipe sits and (b) the fastening wing nut combination which further enhances attachment between the members.
In regards to claim 2 Soujeole discloses the distance that the ends of each auxiliary support member extends is equal to or greater than an outer diameter of the horizontal pipe member {as shown in fig. 7, distance auxiliary support member (along with the inserts) extends is greater than an outer diameter of the horizontal pipe member 210b}.
Claims 31, 32 and 35 are rejected under 35 U.S.C. 102(a)(1) as anticipated by Soujeole, US (2020/0123790); or, in the alternative, under 35 U.S.C. 103 as obvious over Soujeole, US (2020/0123790) in view of Hewett, US (2003/0101677).
In regards to claim 31 Soujeole discloses:
A platform assembly (200; fig. 7, 8), the platform assembly comprising:
a mounting structure (150; fig. 8);
at least three horizontal members (210t(s) or 210b(s); fig. 7); and
at least three platforms (three sets of platforms 100; fig. 7), each platform comprising:
a frame (102; fig. 3), the frame comprising:
an elongate, hollow main support member (102m; fig. 3) of rectangular cross-section (as shown in fig. 3); and
a plurality of elongate, hollow auxiliary support members (102b, 102f) of rectangular cross-section (as shown in fig. 3) attached orthogonally to the main support member (as shown in fig. 3);
a mounting plate (104) coupled to an end of the main support member (end closer to viewer as shown in fig. 3);
at least two grating edge members (108) coupled to the auxiliary support members (as shown in fig. 2); and
a grating (106; fig. 2), wherein the grating is supported by the two grating edge members, the auxiliary support members (as shown in fig. 2 & 6), and
wherein opposing flanged ends of each auxiliary support member (opposite ends of 102b, 102f, and flanged by the unnumbered brackets/plates/flanges as shown in the annotated drawings of fig. 7 below) extend outwardly a sufficient distance past the grating edge members (auxiliary support members 102b extend past outer edges of grating edge members 108 as shown in fig. 3, it is also submitted that inserts in the form of unnumbered brackets/plates/flanges shown in fig. 7 inserted into members 102b are also considered part of the auxiliary support members; see annotated drawings) such that the flanged extended ends of the auxiliary support members are positioned below at least a portion of a horizontal pipe member {portion of 210b supported above at least the lower half/portion of the support rings (see annotated drawings below) which are considered part of the extended flanged ends; as one interpretation, please see alternative 103 rejection below} with the horizontal pipe member contacting and being secured to an upper surface of the respective extended flanged end of the auxiliary support members {upper surface of the bottom half/portion of the support rings (see annotated drawings below) contacting the horizontal pipe member 210b}, and the horizontal pipe member is coupled to at least two auxiliary support members of one of the platforms (as shown in fig. 7), and
wherein each platform is secured to the mounting structure by the mounting plate (as shown in fig. 8).
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If it was found that the flanged ends of the auxiliary support member of Soujeole do not meet the limitations of “the extended flanged ends of the auxiliary support members are positioned below at least a portion of a horizontal pipe member with the horizontal pipe member contacting and being secured to an upper surface of the respective extended flanged end of the auxiliary support members”; examiner submits the rejection of Soujeole above, in further view of Hewett. Where Hewett teaches extended flanged ends (end of 33, flanged by stabilizing member 28; as shown in fig. 6A; reproduced below) of the auxiliary support members (33 equivalent to 102b, 102f of Soujeole) are positioned below at least a portion of a horizontal pipe member (32) with the horizontal pipe member contacting and being secured to an upper surface (top surface 22 of stabilizing member 28 and secured by wing nut combination 34; fig. 6A) of the respective extended flanged end of the auxiliary support members (as shown in fig. 6A; see below).
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Therefore, before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to utilize a stabilizing member 28 as taught by Hewett onto the ends of the auxiliary support members of Soujeole for the predictable result with reasonable expectation of success i.e., to enhance stability of the relative positing of the members with respect to each other resulting from (a) the curved groove into which the horizontal pipe sits and (b) the fastening wing nut combination which further enhances attachment between the members.
In regards to claim 32 Soujeole discloses the distance that the ends of each auxiliary support member extends is equal to or greater than an outer diameter of the horizontal pipe member {as shown in fig. 7, distance auxiliary support member (along with the inserts) extends is greater than an outer diameter of the respective horizontal pipe member 210b}.
In regards to claim 35 Soujeole discloses the mounting structure is a monopole antenna (150 described as monopole antenna; paragraph [0040]).
Claim Rejections - 35 USC § 103
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 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 18 is rejected under 35 U.S.C. 103 as being unpatentable over Soujeole, US (2020/0123790) in view of Hewett, US (2003/0101677), in further view of Pass, US (2011/0279347).
In regards to claim 18 Soujeole discloses:
A monopole platform assembly (200; fig. 7, 8), the platform assembly comprising:
a frame (102; fig. 3), the frame comprising:
an elongate, hollow main support member (102m; fig. 3) of rectangular cross-section (as shown in fig. 3); and
a plurality of elongate, hollow auxiliary support members (102b, 102f) of rectangular cross- section attached orthogonally to the main support member (as shown in fig. 3);
a mounting plate (104) coupled to an end of the main support member;
at least two grating edge members coupled to the auxiliary support members (end closer to viewer as shown in fig. 3); and
a grating (106; fig. 2), wherein the grating is supported by the two grating edge members, the auxiliary support members, and the main support member (as shown in fig. 2 & 6);
wherein opposing flanged ends of each auxiliary support member (opposite ends of 102b, 102f, and flanged by the unnumbered brackets/plates/flanges as shown in the annotated drawings of fig. 7 below) extend outwardly a sufficient distance past an outer edge of the grating edge members (auxiliary support members 102b extend past outer edges of grating edge members 108 as shown in fig. 3, it is also submitted that inserts in the form of unnumbered brackets/plates/flanges shown in fig. 7 inserted into members 102b are also considered part of the auxiliary support members; see annotated drawings) such that the flanged extended ends of the auxiliary support members are positioned below at least a portion of a horizontal pipe member {portion of 210b supported above at least the lower half/portion of the support rings (see annotated drawings below) which are considered part of the extended flanged ends; as one interpretation, please see alternative 103 rejection below} with the horizontal pipe member contacting and being secured to an upper surface of the respective extended flanged end of the auxiliary support members {upper surface of the bottom half/portion of the support rings (see annotated drawings below) contacting the horizontal pipe member 210b}, the distance that the flanged ends of each auxiliary support member extends is equal to or greater than an outer diameter of the horizontal pipe member {as shown in fig. 7, distance auxiliary support member (along with the inserts) extends is greater than an outer diameter of the horizontal pipe member 210b}.
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Soujeole does not disclose the horizontal pipe member is secured to a respective auxiliary support member via one or more fasteners.
AND
If it was found that the flanged ends of the auxiliary support member of Soujeole do not meet the limitations of “the extended flanged ends of the auxiliary support members are positioned below at least a portion of a horizontal pipe member with the horizontal pipe member contacting and being secured to an upper surface of the respective extended flanged end of the auxiliary support members”; examiner submits the rejection of Soujeole above, in further view of Hewett.
Hewett teaches extended flanged ends (end of 33, flanged by stabilizing member 28; as shown in fig. 6A; reproduced below) of the auxiliary support members (33 equivalent to 102b, 102f of Soujeole) are positioned below at least a portion of a horizontal pipe member (32) with the horizontal pipe member contacting and being secured to an upper surface (top surface 22 of stabilizing member 28 and secured by wing nut combination 34; fig. 6A) of the respective extended flanged end of the auxiliary support members (as shown in fig. 6A; see below) wherein the horizontal pipe member (33; Hewett) is secured to a respective auxiliary support member via one or more fasteners (wing nut combination 34; fig. 6A; Hewett) inserted through corresponding apertures in the flanged ends of the auxiliary support member (apertures through 33 and through 28; Hewett).
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Therefore, before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to utilize a stabilizing member 28 as taught by Hewett onto the ends of the auxiliary support members of Soujeole for the predictable result with reasonable expectation of success i.e., to enhance stability of the relative positing of the members with respect to each other resulting from (a) the curved groove into which the horizontal pipe sits and (b) the fastening wing nut combination which further enhances attachment between the members.
In regards to claim 18 Soujeole or Soujeole and Hewett do not teach the one or more fasteners are U-bolts.
Pass teaches one or more fasteners are U-bolts (fasteners 50 described as U-bolts; fig. 6A, B; Pass).
Therefore, before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to utilize U-bolts such as the ones taught by Pass to secure the horizontal pipe member to the auxiliary support member of Soujeole as modified by Hewett for the predictable result with reasonable expectation of success i.e., for the easy use, readily availability, secure and inexpensive utility of U-bolts.
Claim 39 is rejected under 35 U.S.C. 103 as being unpatentable over Soujeole, US (2020/0123790) in view of Hewett, US (2003/0101677).
In regards to claim 39 Soujeole as modified by Hewett teaches the extended ends of the auxiliary support members (33; Hewett) each comprise a flanged edge (flanged by stabilizing member 28; as shown in fig. 6A; Hewett) having a plurality of apertures (at least apertures through 33 and through 28; Hewett), and wherein the horizontal pipe member (32; Hewett) is supported by the flanged edges (as shown in fig. 6A; Hewett) and secured to the auxiliary support members via one or more fasteners (wing nut combination 34; fig. 6A; Hewett) received through the apertures (as shown in fig. 6A; Hewett) (following the alternative rejection of 103 requiring Hewett as detailed above following the same motivation).
Response to Arguments
Applicants’ arguments filed 08/18/2026 have been fully considered but they are not persuasive because:
Applicant argues “contrary to the claimed invention, the ends of the auxiliary support members 102b, 102f for the platform 100 disclosed in Soujeole do not extend a sufficient distance past the outer edges of the grating 106 such that a horizontal member 210b could be supported on an upper surface thereof ... without acquiescing to the rejections in the Final Action, as noted above, Applicant has amended the claims to further distinguish the claimed invention from the cited references, namely, to recite that the auxiliary support members have flanged ends that are positioned below at least a portion of a horizontal pipe member. Thus, even assuming arguendo that the inserts and coupling rings are part of the auxiliary support members (which Applicant is not conceding), Soujeole fails to teach or suggest opposing flanged ends of the support member being positioned below at least a portion of the horizontal pipe member with the horizontal pipe member contacting an upper surface thereof”; examiner respectfully disagrees with applicant’s interpretation and presents that: on one hand, and under one of the two alternative rejections above: Soujeole indeed discloses opposing flanged ends of each auxiliary support member (opposite ends of 102b, 102f, and flanged by the unnumbered brackets/plates/flanges as shown in the annotated drawings of fig. 7 below) extend outwardly a sufficient distance past an outer edge of the grating edge members (auxiliary support members 102b extend past outer edges of grating edge members 108 as shown in fig. 3, it is also submitted that inserts in the form of unnumbered brackets/plates/flanges shown in fig. 7 inserted into members 102b are also considered part of the auxiliary support members; see annotated drawings) such that the extended flanged ends of the auxiliary support members are positioned below at least a portion of a horizontal pipe member {portion of 210b supported above at least the lower half/portion of the support rings (see annotated drawings below) which are considered part of the extended flanged ends; as one interpretation, please see alternative 103 rejection below} with the horizontal pipe member contacting and being secured to an upper surface of the respective extended flanged end of the auxiliary support members {upper surface of the bottom half/portion of the support rings (see annotated drawings below) contacting the horizontal pipe member 210b}. And, on the other hand, the rejection of Soujeole above, is further provided with an alternative rejection of Soujeole in view of Hewett, where Hewett teaches extended flanged ends (end of 33, flanged by stabilizing member 28; as shown in fig. 6A; reproduced below) of the auxiliary support members (33 equivalent to 102b, 102f of Soujeole) are positioned below at least a portion of a horizontal pipe member (32) with the horizontal pipe member contacting and being secured to an upper surface (top surface 22 of stabilizing member 28 and secured by wing nut combination 34; fig. 6A) of the respective extended flanged end of the auxiliary support members (as shown in fig. 6A; see below).
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Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please refer to PTO-892 form for list of cited references.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHIREF M MEKHAEIL whose telephone number is (571)270-5334. The examiner can normally be reached 10-7 Mon-Fri.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Daniel Cahn can be reached at 571-270-5616. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/S.M.M/Examiner, Art Unit 3634
/DANIEL P CAHN/Supervisory Patent Examiner, Art Unit 3634
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