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 .
The amendment filled 02/24/2026 has been entered. Claims 3-17, 19-30, 33-34, 36-38 and 40-41 have been cancelled. Claims 1, 18, 31 and 32 have been amended. Therefore, claims 1-2, 18, 31-32, 35 and 39 remain pending in the application.
Claim Interpretation
Claims 2, 18 and 32 recite “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”; where the horizontal pipe member was previously only recited in intended use form, it is noted that claims 2, 18 and 32 positively recite and require the horizontal pipe member.
Claim Objections
Claim 31 is objected to because of the following informalities:
Claim 31 as currently amended recites “at least three horizontal members”; horizontal members as referred to in the specification being refence numeral 14 only illustrated in prior art figures 1A and 1B, appear to be the same as the horizontal pipe members 114; hence reciting them as two different components is reciting the same component with two different nomenclatures.
Appropriate correction is required.
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.
Claims 1 and 2 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Soujeole, US (2020/0123790).
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 ends of each auxiliary support member extend a distance outwardly past the grating edge members (note that while auxiliary support members 102b extend past grating edge members 108, it is also submitted that inserts shown in fig. 7 inserted into members 102b are also considered part of the auxiliary support members; see annotated drawings) such that the extended ends of the auxiliary support members are positioned to support a horizontal pipe member (210b; as shown in fig. 7) on an upper surface thereof {where under one interpretation, the claim only requires that the “auxiliary support members are positioned to support” i.e., intended use, therefore the structure of the auxiliary support members 102b, 102f, along with their unnumbered inserts (see annotated drawings below) and the coupling rings (see annotated drawings below) are all considered part of the auxiliary support members, and are indeed positioned to support a horizontal pipe member on an upper surface thereof, if a horizontal pipe was to be placed on their top surface. And as alternate interpretation provides that: since the coupling rings as shown in the annotated drawings below are also part of the auxiliary support members, the horizontal pipe member is indeed supported on “an upper surface of the lower portion of the coupling ring, in accordance with the broadest reasonable interpretation}, and
wherein the extended ends of the auxiliary support members each include a feature (220; see annotated drawings) configured to enable fixing of the horizontal pipe member thereto.
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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 being anticipated by Soujeole, US (2020/0123790).
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 ends of each auxiliary support member extend a distance outwardly past the grating edge members (note that while auxiliary support members 102b extend past grating edge members 108, it is also submitted that inserts shown in fig. 7 inserted into members 102b are also considered part of the auxiliary support members; see annotated drawings) such that the extended ends of the auxiliary support members are positioned to support a respective horizontal pipe member (210b; as shown in fig. 7) on an upper surface thereof {where under one interpretation, the claim only requires that the “auxiliary support members are positioned to support” i.e., intended use, therefore the structure of the auxiliary support members 102b, 102f, along with their unnumbered inserts (see annotated drawings below) and the coupling rings (see annotated drawings below) are all considered part of the auxiliary support members, and are indeed positioned to support a horizontal pipe member on an upper surface thereof, if a respective horizontal pipe was to be placed on their top surface. And as alternate interpretation provides that: since the coupling rings as shown in the annotated drawings below are also part of the auxiliary support members, the horizontal pipe member is indeed supported on “an upper surface of the lower portion of the coupling ring, in accordance with the broadest reasonable interpretation}, 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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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 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 ends of each auxiliary support member extend a distance outwardly past the grating edge members (note that while auxiliary support members 102b extend past grating edge members 108, it is also submitted that inserts shown in fig. 7 inserted into members 102b are also considered part of the auxiliary support members; see annotated drawings) such that the extended ends of the auxiliary support members are positioned to support a horizontal pipe member (210b; as shown in fig. 7) on an upper surface thereof {where under one interpretation, the claim only requires that the “auxiliary support members are positioned to support” i.e., intended use, therefore the structure of the auxiliary support members 102b, 102f, along with their unnumbered inserts (see annotated drawings below) and the coupling rings (see annotated drawings below) are all considered part of the auxiliary support members, and are indeed positioned to support a horizontal pipe member on an upper surface thereof, if a horizontal pipe was to be placed on their top surface. And as alternate interpretation provides that: since the coupling rings as shown in the annotated drawings below are also part of the auxiliary support members, the horizontal pipe member is indeed supported on “an upper surface of the lower portion of the coupling ring, in accordance with the broadest reasonable interpretation}, 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}.
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In regards to claim 18 Soujeole does not disclose the horizontal pipe member is secured to a respective auxiliary support member via one or more fasteners, the one or more fasteners inserted through the apertures of auxiliary support member, wherein the one or more fasteners are U-bolts.
Pass teaches wherein the horizontal pipe member (46F; fig. 6A) is secured to a respective auxiliary support member (22) via one or more fasteners, the one or more fasteners (fasteners 50; figs. 6A/B) inserted through corresponding apertures (38) in auxiliary support member (where brackets 22 and 24 are considered part of auxiliary support members 14 & 16; fig. 2C), wherein the one or more fasteners are U-bolts (fasteners 50 described as U-bolts).
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 for the predictable result with reasonable expectation of success i.e., for the easy use, readily availability, secure and inexpensive utility of U-bolts. Note also that Soujeole appears to already suggest the use of U-bolts (fig. 7).
Claim 39 is rejected under 35 U.S.C. 103 as being unpatentable over Soujeole, US (2020/0123790) as applied to claim 1 above, and further in view of Pass, US (2011/0279347).
In regards to claim 39 Soujeole discloses the extended ends of the auxiliary support members each comprise a flanged edge (see annotated drawings below).
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In regards to claim 39 Soujeole does not explicitly disclose flanged edge having a plurality of apertures, and wherein the horizontal pipe member is supported by the flanged edges and secured to the auxiliary support members via one or more fasteners received through the apertures.
Pass teaches flanged edge (flanged at 22, 24; fig. 2C) having a plurality of apertures (38; fig. 6A), and wherein the horizontal pipe member (46-F) is supported by the flanged edges (as shown in fig. 6A) and secured to the auxiliary support members via one or more fasteners (fasteners 50; figs. 6A/B) received through the apertures (as shown in fig. 6A).
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 for the predictable result with reasonable expectation of success i.e., for the easy use, readily availability, secure and inexpensive utility of U-bolts. Note also that Soujeole appears to already suggest the use of U-bolts (fig. 7).
Response to Arguments
Applicant's arguments filed 02/24/2026 have been fully considered but they are not persuasive because:
Applicant argues “Applicant has amended Claim 1 herein to recite that the extended ends of the auxiliary support members are positioned to support the horizontal pipe member on an upper surface thereof. Applicant respectfully submits that Soujeole fails to disclose each and every element as set forth in independent Claim 1 as presented herein, and thus, Soujeole fails to anticipate the invention as claimed ... the ends of the auxiliary support members 102b, 102f for the platform 100 disclosed in Soujeole do not extend a sufficient distance that would allow a horizontal member 21 0b to be supported on an upper surface thereof ... This is further evident by the use of mounting brackets 220 that are inserted into the ends of the auxiliary support members 102b, 102f of the platform 100 which are configured to secure the horizontal member 210b to an outer edge of the support members 102b, 102f”; examiner respectfully disagrees with applicant’s interpretation and presents that Soujeole indeed discloses (as interpreted by examiner under the broadest reasonable interpretation): the extended ends of the auxiliary support members are positioned to support a horizontal pipe member (210b; as shown in fig. 7) on an upper surface thereof {where under one interpretation, the claim only requires that the “auxiliary support members are positioned to support” i.e., intended use, therefore the structure of the auxiliary support members 102b, 102f, along with their unnumbered inserts (see annotated drawings above) and the coupling rings (see annotated drawings above) are all considered part of the auxiliary support members, and are indeed positioned to support a horizontal pipe member on an upper surface thereof, if a horizontal pipe was to be placed on their top surface. And as alternate interpretation provides that: since the coupling rings as shown in the annotated drawings below are also part of the auxiliary support members, the horizontal pipe member is indeed supported on “an upper surface of the lower portion of the coupling ring, in accordance with the broadest reasonable interpretation}.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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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