DETAILED ACTION
This is a final Office Action on the merits for U.S. App. 18/032,009. Receipt of the amendments and arguments filed on 09/24/2026 is acknowledged.
Claims 1-3, 5, and 7-11 are pending.
Claims 4 and 6 are cancelled.
Claims 1-3, 5, and 7-11 are examined.
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 1-3, 5, and 7-11 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 defines “a second connection pole” without defining a first connection pole and thus renders the claimed invention indefinite since one of ordinary skill in the art would not know whether such a first connection pole is required or not. For examining purposes and in light of the specification and drawings, such a first connection pole is not considered required. Moreover, claims 2, 3, 5, and 7-11 are rendered indefinite for depending upon claim 1.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 3, 5, 9, and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Goudron (FR 2965284).
Regarding claim 1, Goudron discloses a scaffold (see figure 1) comprising:
a step board portion (#30);
a first reinforcement member (the upper left member formed by elements #58, #52, and #54 of figure 1, shown in greater detail in figure 5) coupled to a first end of the step board portion in a width-wise direction of the step board portion (see figures 1 and 6a, where the reinforcement member is coupled to the width-wise ends of the step board portion through elements #21 and #22 on a left side of the board portion #30);
a second reinforcement member coupled to a second end of the step board portion in the width-wise direction of the step board portion (the second reinforcement member can be considered the member formed by elements #58, #52, and #54 on a right, upper side of the board portion #30 as depicted in figure 1, which would be similar to the bottom reinforcement member similarly placed in the figure);
first, second, third, and fourth support members (#21; see figure 1 from Goudron below, which depicts the numbered support members) disposed on a ground or disposed on a base or a structure disposed on the ground (see figure 1, where the elements #21 comprise of structures #17 configured to be disposed on the ground), the first, second, third, and fourth support members extending in a vertical direction (see figure 1),
the first support member and the second support member being spaced apart from each other in a longitudinal direction of the step board portion (see figure 1),
the third support member and the fourth support member being spaced apart from each other in the longitudinal direction of the step board portion (see figure 1),
the first support member and the third support member being arranged in the width-wise direction of the step board portion (see figure 1), and
the second support member and the fourth support member being arranged in the width-wise direction of the step board portion (see figure 1),
a first auxiliary support member (#51) disposed between the first support member and the second support member and extending in the vertical direction (the left support member #51 of figures 1 and 5 would be positioned between the first and second support members as depicted in figure 6);
a second auxiliary support member disposed between the third support member and the fourth support member and extending in the vertical direction (see figure 1, where the auxiliary member #51 on the right second reinforcement member would extend between the third and fourth support members)
a first longitudinal connection pole (#53) connecting the first support member and the second support member (see figure 1, where the pole #53 of the first, left reinforcement member of figure 1 extends between the first and second support members);
a second longitudinal connection pole (#53) connecting the third support member and the fourth support member (see figure 1, where pole #53 of the second, right reinforcement member of figure 1 connects the third and fourth members #21); and
a second connection pole extending in the width-wise direction of the step board portion (the connection pole #22 which extends between the second and fourth support members #21);
wherein each of the first and second reinforcement members includes:
two extensions (#52 and #54) spaced apart from each other in a vertical direction (see figure 5) and extending in the longitudinal direction of the step board portion (see figure 5), and
coupling portions (#58) spaced apart from each other in the longitudinal direction and coupling the two extensions (see figure 5),
the first auxiliary support member is coupled, by joining portions, to the first reinforcement member, the first longitudinal connection pole, and the second connection pole (see figures 1 and 5, where joining portions #59a/c connect the auxiliary support member #51 to the reinforcement member and connection poles);
the second auxiliary support member is coupled, by joining portions, to the second reinforcement member, the second longitudinal connection pole, and the second connection pole (see figures 1 and 5, where joining portions #59a/c connect the auxiliary support member #51 to the reinforcement member and connection poles);
each of the first and second auxiliary support members supports the step board portion via the second connection pole
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Figure 1 from Goudron
Regarding claim 3, Goudron discloses the extensions and the coupling portions are integrally formed (see figures 1 and 5 of Goudron, where the extensions #52 and #54 and coupling portions #58 are interconnected so as to be integrally formed as a single, unified element).
Regarding claim 5, Goudron discloses the first support member and the second support member are coupled to the first reinforcement member by respective joining portions (#29 and #59a/c), and the third support member and the fourth support member are coupled to the second reinforcement member by respective joining elements (#29 and #59a/c).
Regarding claim 9, Goudron discloses the joining portion includes a clamp or rope used in a tightening process (see figure 6a, where elements #59 are clamps that clamp around the circumference of the auxiliary support member #51).
Regarding claim 10, Goudron discloses each of the first and second auxiliary support members extends in the vertical direction with at least a part thereof positioned above the step board portion (see figure 1, where the auxiliary support members #51 extend well above the step board portion #30 during use to protect a user thereon).
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) 2 is rejected under 35 U.S.C. 103 as being unpatentable over Goudron in view of Karanouh (U.S. Publication 2005/0061582).
Regarding claim 2, Goudron discloses the use of first and second coupling portions #58 in Goudron spaced from one another, except for first, second and third coupling portions positioned and distanced from one another as defined. However, it is highly well known in the art, as evidenced by Karanouh, that such reinforcement members #40 comprising of extension members #44 and #46 and coupling portions #48 can comprise of two or more of such coupling portions #48 provided in such a structure. See paragraph 41. Therefore, it would have been obvious before the effective filing date of the claimed invention to have constructed the reinforcement member of Goudron to comprise of three coupling portions, as taught in Karanouh, in order to increase the strength of such a reinforcing element, such as for longer spans, and also since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. In re Harza, 124 USPQ 378 (CCPA 1960). Furthermore, it would have been obvious before the effective filing date of the claimed invention to have constructed the coupling portions to be equidistant from one another within the reinforcement member of Goudron in view of Karanouh in order to properly transfer the forces through the reinforcement member and also since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70 (CCPA 1950).
Claim(s) 7 and 8 are rejected under 35 U.S.C. 103 as obvious over Goudron in view of Brinkmann (EP 3375953).
Regarding claim 7, Goudron discloses the step board portion includes a step board as depicted in figure 4 of Goudron except for such a step board portion includes a plurality of step boards used to form such a step board portion. It is highly well known in the art, as evidenced by Brinkmann, that such scaffolding step board portions can comprise a plurality of step boards #94 that extend longitudinally in the longitudinal direction, where such step boards can be used in conjunction with a hatch step board. See figures 7 and 11. Therefore, it would have been obvious before the effective filing date of the claimed invention to have constructed the step board portion of Goudron to comprise of a plurality of step boards, as taught in Brinkmann, in order to form the scaffold with a platform that extends the entire width of the scaffold for proper support and safety of a user and also since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. In re Harza, 124 USPQ 378 (CCPA 1960).
Regarding claim 8, Goudron discloses the claimed invention except for the step board portion includes at least one step board, and a longitudinal length of the step board portion is defined by a longitudinal length of the at least one step board. Figure 1 appears to depict the step board #30 comprises of two sections of boards which extend along the longitudinal direction of the assembly but such a description is not explicitly stated within Goudron. It is highly well known in the art, as evidenced by Brinkmann, that such scaffolding step board portions can comprise a plurality of step boards #94 that extend longitudinally in the longitudinal direction, where such step boards can be used in conjunction with a hatch step board. See figures 7 and 11. Therefore, it would have been obvious before the effective filing date of the claimed invention to have constructed the step board portion of Goudron to comprise of at least one step board that extends in the longitudinal length of the step portion board portion, as taught in Brinkmann, in order to form the scaffold with a platform that extends the entire width of the scaffold for proper support and safety of a user and also since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. In re Harza, 124 USPQ 378 (CCPA 1960).
Claim(s) 11 is rejected under 35 U.S.C. 103 as obvious over Goudron in view of Blum et al. (DE 102018128308).
Regarding claim 11, Goudron discloses the claimed invention except for the first, second, third, and fourth support members are arranged such that a part of a building is positioned between a pair including the first support member and the third support member and a pair including the second support member and the fourth support member. It is highly well known in the art, as evidenced by Blum et al., that scaffolding #1 is commonly known and used in the art to be located on a building roof in order to straddle the ridge of the roof. See figures 1 and 2. Two roof panels #5 are provided with an articulated connection #6 so as to angle relative to the angle of the roof and allow connection to and properly support for vertical support members #8 so that the ridge of the roof extends between pairs of the support members #8. See figures 1 and 2. Therefore, it would have been obvious before the effective filing date of the claimed invention to have oriented the scaffolding of Goudron upon a roof of a building SO that the ridge of the roof extends between the pair of first and third support members and the pair of second and fourth members, as taught in Blum et al., in order to properly support and orient the scaffolding where needed upon the building and allow access to higher areas of the building, such as a chimney, to be repaired or constructed.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-3, 5, and 7-11 have been considered but are moot because Applicant’s amendments to the claims required the use of a different interpretation of the primary reference and different rejection than previously used.
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 THEODORE V ADAMOS whose telephone number is (571)270-1166. The examiner can normally be reached Monday - Friday 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian D Mattei can be reached at (571) 270-3238. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THEODORE V ADAMOS/Primary Examiner, Art Unit 3635
