DETAILED ACTION
This is a non-final Office Action on the merits for U.S. App. 18/032,009. Receipt of the RCE, amendments, and arguments filed on 05/26/2026 is acknowledged.
Claims 1-3, 5, and 7 are pending.
Claims 4 and 6 are cancelled.
Claims 1-3, 5, and 7 are examined.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 05/26/2026 has been entered.
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) 1, 3, and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Goudron (FR 2965284) in view of Blum et al. (DE 102018128308).
Regarding claim 1, Goudron discloses a scaffold (see figure 1) comprising:
a step board portion (#30), including at least one step board (figure 4 depicts the use of a longitudinal board that extends between end hooks #31), a longitudinal length of the step board portion being defined by a longitudinal length of the at least one step board (see figure 4, where the longitudinal length extends in the x-axis direction of the figure from one set of end hooks #31 to the other);
a reinforcement member (the member formed by elements #58, #52, and #54 of figure 5) 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 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);
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, 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),
a first connection pole (#53) extending in the longitudinal direction and connecting at least one of the first support member and the second support member or the third support member and the fourth support member (see figure 1, where pole #53 connects the first and second members #21);
a plurality of second connection poles (#22) extending in the width-wise direction (see figure 1); and
at least one auxiliary support member (#51) 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 #51 extends between the first and second support members), wherein:
at least one of the plurality of second connection poles is a support-member -connecting second connection pole (the right pole #22 of figure 1) connecting at least one of (i) the first support member and the third support member or (ii) the second support member and the fourth support member (see figure 1, where the second pole #22 on the right side of figure 1 is connected between the second and fourth support members #21),
at least another one of the plurality of second connection poles (the left pole #22 of figure 1) is a step-board-supporting connection pole coupled to the at least one auxiliary support member and the supporting step board portion (see figure 1, where the left pole #22 is connected to the auxiliary support through element #21 and supports the step board #30 thereon),
the reinforcement member 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 at least one auxiliary support member connects between the reinforcement member and the first connection pole in the vertical direction (see figure 5), and is coupled to the step-board-supporting second connection pole (see figure 1, where the auxiliary support member #51 connects to the step board second pole #22 through element #21), whereby the at least one auxiliary support member supports the step board portion via the step-board-supporting second connection pole (see figure 1, where such elements are connected to one another so as to support the step board portion with the auxiliary support member),
the at least one auxiliary support member is attached to the reinforcement member, the first connection pole, and the step-board-supporting second connection pole by a joining portion (see figures 1 and 6a, where clamps #59 attach the auxiliary support member #51 directly or indirectly to the reinforcement member, the first connection pole and the second pole #22 (such as through element #21)),
the joining portion being clamps or rope tying (see figure 6a, where elements #59 are clamps that clamp around the circumference of the auxiliary support member #51),
the at least one auxiliary support member extends in the vertical direction (see figures 1 and 5), 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 Goudron
However, Goudron does not disclose 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.
Regarding claim 3, Goudron in view of Blum et al. render obvious 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 in view of Blum et al. render obvious each of the first, second, third, and fourth support members and the reinforcement member are coupled by the joining portion (elements #59 of Goudron clamp onto the auxiliary support members #51 so as to couple the reinforcement member to the support members #21).
Claim(s) 2 is rejected under 35 U.S.C. 103 as being unpatentable over Goudron in view of Blum et al. and Karanouh (U.S. Publication 2005/0061582).
Regarding claim 2, Goudron in view of Blum et al. render obvious 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 is rejected under 35 U.S.C. 103 as obvious over Goudron in view of Blum et al. and Brinkmann (EP 3375953).
Regarding claim 7, Goudron in view of Blum et al. render obvious 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).
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 as well as a different rejection.
Conclusion
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
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