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 02/06/2026 is acknowledged.
Claims 1-3, 5, and 7 are pending.
Claims 4 and 6 are cancelled.
Claims 1-3, 5, and 7 are examined.
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, and 5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated Darby (U.S. Publication 2013/0126270).
Regarding claim 1, Darby discloses a scaffold (see figure 1) comprising:
a step board portion (#11), including at least one step board (figure 1 depicts the use of a longitudinal board to form portion #11, where such a board can comprise of a hatch as taught in paragraph 30), a longitudinal length of the step board portion being defined by a longitudinal length of the at least one step board (see figure 1, where the longitudinal length extends in the parallel length direction of the boards in the NNW to SSE direction of the figure);
a reinforcement member (the member formed by elements #15, #14, and #17 of figure 2) coupled to at least one end of the step board portion, the at least one end being in a width-wise direction of the step board portion (see figure 1, where the reinforcement member is coupled to the width-wise ends of the step board portion through elements #4 and #5);
first, second, third, and fourth support members (#4; see figure 1 from Darby 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 #4 comprise of rollers/structures #8 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, second, third, and fourth support members supporting the step board portion and the reinforcement member (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),
the second support member and the fourth support member being arranged in the width-wise direction of the step board portion (see figure 1), and
at least one auxiliary support member (member #16) disposed at least one of between the first support member and the second support member or between the third support member and the fourth support member (see figure 1, where an auxiliary member #16 extends between the first and second support members and another auxiliary support member extends between the third and fourth support members #4), the at least one auxiliary support member being coupled to the reinforcement member (see figures 1 and 2, where auxiliary support members #16 are coupled to the reinforcement member between elements #14 and #15), wherein:
the first support member and the second support member and/or the third support member and the fourth support member are respectively connected to each other by a first connection pole (#13) extending in the longitudinal direction (see figure 1),
the first support member and the third support member and/or the second support member and the fourth support member are respectively connected to each other by a second connection pole (#5) extending in the width-wise direction (see figure 1),
wherein the reinforcement member includes:
two extensions (#14 and #15) spaced apart from each other in a vertical direction (see figures 1 and 2) and extending in the longitudinal direction of the step board portion (see figures 1 and 2), and
coupling portions (#17) spaced apart from each other in the longitudinal direction and coupling the two extensions (see figures 1 and 2), and
the at least one auxiliary support member is connected to the first connection pole (see figure 1, where the auxiliary support member #16 are connected to the first connection pole #13) and supports the step board portion indirectly via the first connection pole and the second connection pole (see figure 1, where the auxiliary support member #16 supports the step board portion indirectly through the connections with elements #13, #14, #4, and #5 and the lateral support provided through such connections to maintain proper erection of step board #11),
the at least one auxiliary support member connects between the reinforcement member and the first connection pole in the vertical direction (see figures 1 and 2),
the at least one auxiliary support member extends in the vertical direction (see figures 1 and 2), and
at least a part of the at least one auxiliary support member is positioned above the step board portion (see figure 1).
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Figure 1 from Darby
Regarding claim 3, Darby discloses the extensions and the coupling portions are integrally formed (see figures 1 and 2, where the extensions #14 and #15 and coupling portions #17 are interconnected so as to be integrally formed as a single, unified element).
Regarding claim 5, Darby discloses each of the first, second, third, and fourth support members is joined to the reinforcement member by a joining portion (elements #5 and #18 are used to join the reinforcement member and support members to one another).
Claim Rejections - 35 USC § 102/103
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) 7 is rejected under 35 U.S.C. 102(a)(1) as anticipated by Darby or, in the alternative, under 35 U.S.C. 103 as obvious over Darby in view of Brinkmann (EP 3375953).
Regarding claim 7, Darby discloses the step board portion includes step boards (figure 1 depicts 2 step boards extend in the longitudinal direction to form the step board portion #11, where one of such boards can be considered a hatch as taught in paragraph 30). However, if the Examiner is considered to over broadly interpret Darby as disclosing 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 Darby 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).
Claim Rejections - 35 USC § 103
Claim(s) 2 is rejected under 35 U.S.C. 103 as being unpatentable over Darby in view of Karanouh (U.S. Publication 2005/0061582).
Regarding claim 2, Darby discloses the use of first and second coupling portions #17 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 Darby 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 Darby 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).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-3, 5, and 7 have been considered but are moot because Applicant’s amendments to the claims required the use of a different primary reference that was not 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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/THEODORE V ADAMOS/Primary Examiner, Art Unit 3635