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 .
Acknowledgment is made of the amendment filed April 13, 2026. The application has been updated accordingly.
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 1-2, 4-5, 11 and 13-15 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Mikic et al. (2022/0010568) hereinafter Mikic.
Mikic discloses:
Claim 1: A scaffold connection element for coupling two scaffold members, the scaffold connection element including:
a first receiver (Fig. 2; 2 upper) configured to receive at least part of a first scaffold member (Fig. 2; 41 upper);
a second receiver (Fig. 2; 2 lower) configured to receive at least part of a second scaffold member (Fig. 2; 41 lower) with the first and second scaffold members substantially parallel with each other and/or co-axial with each other (Fig. 2; 41 upper and lower are co-axial with one another); and
a depth adjustment arrangement (Fig. 2; 5/21) configured to adjust a depth of the first receiver, such that the depth adjustment arrangement is useable to alter a distance between the first and second scaffold members received by the scaffold connection element (Fig. 2; 5, Para. [0078]), further including an outer wall which at least partially defines the first receiver (Fig. 2; outer surface of 2 upper), and wherein the depth adjustment arrangement includes one or more pairs of key apertures (Fig. 2; 21) and a key (Fig. 2; 5), wherein the key is configured to be received by the or each pair of key apertures to alter the depth of the first receiver (Fig. 2; 5/21, Para. [0078]).
Claim 2: The element according to claim 1, wherein the first and second receivers are substantially coaxial such that the first and second scaffold members received therein are substantially coaxially arranged (Fig. 2; 2 upper and lower are co-axial with one another).
Claim 4: The element according to claim 1, wherein the key includes an elongate main body and a head member (Fig. 2; see detail), the head member being shaped in a corresponding manner to a part of the outer wall which the head member is configured to engage when the key is received by at least one of the one or more pairs of key apertures (Fig. 2; 5/21, Para. [0078]).
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Claim 5: The element according to claim 1, wherein the at least one of the one or more pairs of key apertures extends diagonally across the scaffold connection element (Fig. 2; 5/21, Para. [0078]).
Claim 11: The element according to claim 1, further including one or more inner stop members (Fig. 4; 25a) located between the first and second receivers, wherein the or each stop member is configured to abut one or more of:
the first scaffold member and the second scaffold member (Fig. 4; Para. [0085]).
Claim 13: The element according to claim1, further including a first connection arrangement (Fig. 2; 32) configured to mate with a second connection arrangement (Fig. 2; 421) of a further scaffold member (Fig. 2; 42).
Claim 14: A scaffold system including:
a scaffold connection element (Fig. 2; 2) for coupling two scaffold members (Fig. 2; 41 upper and lower), the scaffold connection element including:
a first receiver (Fig. 2; 2 upper) configured to receive at least part of a first scaffold member (Fig. 2; 41 upper) including an outer wall which at least partially defines the first receiver (Fig. 2; outer surface of 2 upper);
a second receiver (Fig. 2; 2 lower) configured to receive at least part of a second scaffold member (Fig. 2; 41 lower) with the first and second scaffold members substantially parallel with each other and/or co-axial with each other (Fig. 2; 41 upper and lower are co-axial with one another); and
a depth adjustment arrangement (Fig. 2; 5/21) configured to adjust a depth of the first receiver, such that the depth adjustment arrangement is useable to alter a distance between the first and second scaffold members received by the scaffold connection element (Fig. 2; 5, Para. [0078]); and
a further scaffold member (Fig. 2; 42) having a second connection arrangement (Fig. 2; 421) configured to mate with a first connection arrangement (Fig. 2; 32) of the scaffold connection element (Fig. 2; 2),
wherein the depth adjustment includes one or more pairs of key apertures (Fig. 2; 21) and a key (Fig. 2; 5), wherein the key is configured to be received by the or each pair of key apertures to alter the depth of the first receiver (Fig. 2; 5, Para. [0078]).
Claim 15: The scaffold system according to claim 14, wherein the further scaffold member is a safety rail or a deck member (Fig. 2; 42, Para. [0080]).
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 6 is rejected under 35 U.S.C. 103 as being unpatentable over Mikic et al. (2022/0010568) hereinafter Mikic, in view of McCracken (2007/0264076).
Claim 6: Mikic discloses the element according to claim 1, but fails to disclose wherein the key includes one or more retaining member apertures which are configured to receive a retaining member to inhibit or substantially prevent removal of the key from the pair of key apertures in which it is receivable.
However, McCracken discloses retaining member apertures (Fig. 1; 40) configured to receive a retaining member (Fig. 1; 30).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to modify the key of Mikic to include the apertures, as taught by McCracken, with a reasonable expectation of success because it would prevent the key from falling out of the opening (Para. [0020]).
Claims 7-10, 12 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Mikic et al. (2022/0010568) hereinafter Mikic, in view of Sadaki et al. (JP 2001295465) hereinafter Sadaki.
Claim 7: Mikic discloses the element according to claim 1, but fails to disclose wherein the depth adjustment arrangement further includes a winder having:
a main body member securable within an internal channel or passage defined by the scaffold connection element;
a threaded winder shaft mounted to the main body member and configured for rotation with respect thereto; and
an abutment member located at an engagement end of the threaded winder shaft and within the first receiver, wherein rotation of the winder shaft with respect to the main body member moves the abutment member within the first receiver to adjust the depth of the first receiver.
However, Sadaki discloses a main body member (Fig. 1; 6);
a threaded winder shaft (Fig. 1; 5) mounted to the main body member and configured for rotation with respect thereto (Fig. 1; 5, Para. [0010]); and
an abutment member (Fig. 1; 2) located at an engagement end of the threaded winder shaft, wherein rotation of the winder shaft with respect to the main body member moves the abutment member within the first receiver to adjust the depth of the first receiver (Fig. 1; 2, Para. [0010]).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to modify the scaffold connection element of Mikic to include the winder, as taught by Sadaki, with a reasonable expectation of success because it would allow for fine tuning the adjustment of the scaffold members.
Thus, in combination Mikic and Sadaki disclose the main body member, of Sadaki, securable within an internal channel or passage defined by the scaffold connection element, of Mikic; an abutment member, of Sadaki, located at an engagement end of the threaded winder shaft, of Sadaki, and within the first receiver, of Mikic.
Claim 8: Mikic and Sadaki disclose the element according to claim 7, wherein the main body member is a plate (Sadaki - Fig. 1; 6) defining a threaded winder shaft aperture (Sadaki - Fig. 1; where 5 passes through 6) configured to receive the threaded winder shaft and the threaded winder shaft further includes an adjustment end (Sadaki - Fig. 1; at 6) having an adjustment member (Sadaki - Fig. 1; 8) configured for rotation with the threaded winder shaft such that the adjustment member is useable to rotate the threaded shaft with respect to the main body member (Sadaki - Fig. 1; 8, Para. [0010]), the adjustment member being accessible through the second receiver (Mikic - Fig. 2; 2 lower).
Claim 9: Mikic and Sadaki disclose the element according to claim 7, wherein the winder includes a winder wall (Sadaki - Fig. 1; 9a) which extends from the main body member and which defines a first winder attachment aperture (Sadaki - Fig. 1; 10a), the first winder attachment aperture being configured to receive an attachment member (Sadaki - Fig. 1; 11) to secure the winder to an outer wall of the scaffold connection element (Mikic - Fig. 2; 2).
Claim 10: Mikic and Sadaki disclose the element according to claim 7, further including one or more inner stop members (Mikic - Fig. 4; 25a) located between the first and second receivers, wherein the or each stop member is configured to abut one or more of:
the first scaffold member, the second scaffold member (Mikic - Fig. 4; Para. [0085]), and the winder (Sadaki - Fig. 1; 1, once combine with Mikic).
Claim 12: Mikic discloses the element according to claim 1, but fails to disclose wherein the depth adjustment arrangement further includes a winder having:
a main body member (Fig. 1; 6);
a threaded winder shaft (Fig. 1; 5) mounted to the main body member and configured for rotation with respect thereto (Fig. 1; 5, Para. [0010]); and
an abutment member (Fig. 1; 2) located at an engagement end of the threaded winder shaft, wherein rotation of the winder shaft with respect to the main body member moves the abutment member to adjust the depth (Fig. 1; 2, Para. [0010]), and wherein the threaded winder shaft further includes an adjustment end (Fig. 1; at 6) having an adjustment member (Fig. 1; 8) configured for rotation with the threaded winder shaft such that the adjustment member is useable to rotate the threaded shaft with respect to the main body member (Fig. 1; 8, Para. [0010]).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to modify the scaffold connection element of Mikic to include the winder, as taught by Sadaki, with a reasonable expectation of success because it would allow for fine tuning the adjustment of the scaffold members.
Thus, in combination Mikic and Sadaki disclose the main body member, of Sadaki, securable within an internal channel or passage defined by the scaffold connection element, of Mikic; an abutment member, of Sadaki, located at an engagement end of the threaded winder shaft, of Sadaki, and within the first receiver, of Mikic, the adjustment member, of Sadaki, being accessible through the second receiver, of Mikic.
Claim 18: Mikic discloses a method of fitting a winder to a scaffold connection element, the method comprising:
providing a scaffold connection element having;
a first receiver (Fig. 2; 2 upper) with an outer wall defining an internal channel or passage (Fig. 2; outer surface of 2 upper), the first receiver configured to receive at least part of a first scaffold member (Fig. 2; 41 upper);
a second receiver (Fig. 2; 2 lower) configured to receive at least part of a second scaffold member (Fig. 2; 41 lower) with the first and second scaffold members substantially parallel with each other and/or co-axial with each other (Fig. 2; 41 upper and lower are co-axial with one another); and
a depth adjustment arrangement (Fig. 2; 5/21) that includes one or more pairs of key apertures (Fig. 2; 21) and a key (Fig. 2; 5), wherein the key is configured to be received by the or each pair of key apertures to alter the depth of the first receiver (Fig. 2; 5/21, Para. [0078]);
an outer wall defining an internal channel or passage (Fig. 2; outer surface of 2 lower);
each receiver (Fig. 2; 2 upper and lower) being configured to receive a respective scaffold member (Fig. 2; 41 upper and lower),
but fails to disclose providing a winder having a main body member defining an aperture to receive a threaded winder shaft of the winder, an abutment member being provided at an engagement end of the threaded winder shaft;
inserting the winder into the internal channel or passage; and
securing the winder to the outer wall within the internal channel or passage such that the winder is between the first receiver and the second receiver, the abutment member being located within the first receiver, and the winder being operable to adjust a depth of the first receiver by adjusting a location of the abutment member within the first receiver by rotation of the threaded winder shaft with respect to the main body member.
However, Sadaki discloses a winder having a main body member (Fig. 1; 6);
a threaded winder shaft (Fig. 1; 5) mounted to the main body member and configured for rotation with respect thereto (Fig. 1; 5, Para. [0010]); and
an abutment member (Fig. 1; 2) located at an engagement end of the threaded winder shaft, wherein rotation of the winder shaft with respect to the main body member moves the abutment member within the first receiver to adjust the depth of the first receiver (Fig. 1; 2, Para. [0010]), securing the winder (Fig. 1; via 11)
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to modify the scaffold connection element of Mikic to include the winder, as taught by Sadaki, with a reasonable expectation of success because it would allow for fine tuning the adjustment of the scaffold members.
Thus, in combination Mikic and Sadaki disclose the main body member, of Sadaki, securable within an internal channel or passage defined by the scaffold connection element, of Mikic; an abutment member, of Sadaki, located at an engagement end of the threaded winder shaft, of Sadaki, and within the first receiver, of Mikic.
Response to Arguments
Applicant’s arguments filed April 13, 2026 have been fully considered but they are not persuasive.
With respect to the prior art rejections, applicant first argues that the primary reference of Mikic fails to disclose a depth adjustment arrangement. This argument is not persuasive because the depth of the vertical post (41) is adjusted based on whether or not the upper plug-in element (5) is installed, if the upper plug-in element is not installed the upper vertical post would rest upon the end face of the lower vertical post, whereby, the installation of the upper plug-in element would adjust the upper vertical upwardly from the position of the lower vertical post.
Additionally, the applicant argues that the examiners application of Sadaki is incorrect and that the pedestal (6) of Sadaki must be considered the “abutment member” instead of the main body member the examiner mapped, because the pedestal of Sadaki is the component that is moved in order to adjust the depth of the second arm (4). This argument is not persuasive since it is of no import to the examiner’s interpretation of the prior art.
The applicant further argues that the pedestal (6) of Sadaki is not located at an engagement end of the threaded winder shaft or located with the first receiver. This argument is not persuasive because the pedestal of Sadaki is moveable up and down the threads of the screw portion (5), therefore, it can be positioned at any location along the threads. Moreover, the recitation of “an engagement end” is very broad and can be interpreted as anywhere along the screw portion. In response to the pedestal not being located within the first receiver, the examiner would like to point out that once combined, an engagement end of the threaded winder shaft, of Sadaki, would be located within the first receiver, of Mikic.
In response to applicant's argument that the winder arrangement of Sadaki would allow third parties to adjust the connection when in the assembled configuration, by simple removal of a pin to release the side plates, resulting in compromised structural security and integrity of the connection, this observation does not result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art, therefore, it meets the claim.
For at least these reasons the applicant’s remarks are not found persuasive and the claims remain rejected as advanced above.
Conclusion
THIS ACTION IS MADE FINAL. 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 Kathleen M. McFarland whose telephone number is (571)272-9139. The examiner can normally be reached Monday-Friday 8:00am-4:00pm.
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, Brian 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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/Kathleen M. McFarland/Examiner, Art Unit 3635
Kathleen M. McFarland
Examiner
Art Unit 3635
/BRIAN D MATTEI/Supervisory Patent Examiner, Art Unit 3635
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