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 .
Election/Restrictions
Applicant’s election without traverse of Species I in the reply filed on December 18, 2025 is acknowledged.
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.
Claim 11 is 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 11 recites the limitation "the first scaffold element and the second scaffold element" in the last line. There is insufficient antecedent basis for this limitation in the claim.
For the purpose of this Office Action the examiner assumes the applicant meant to recite “the first scaffold member and the second scaffold member" instead.
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 element and the second scaffold element (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 element 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 element, the second scaffold element (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.
Conclusion
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.
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/Kathleen M. McFarland/Examiner, Art Unit 3635
Kathleen M. McFarland
Examiner
Art Unit 3635
/RYAN D KWIECINSKI/Primary Examiner, Art Unit 3635