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 .
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, 12-18, and 20-29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Maisonnette (US 11,401,148) in view of DeLong (US 4,357,881).
Maisonnette discloses:
A lifting machine (figure 1) comprising:
a work platform (3);
a lifting mechanism (2) for raising the work platform (figure 2), and
a control console (10) for controlling the lifting mechanism (column 10, lines 30-33), wherein
the work platform (3) includes
a floor (7) and
a guard rail (8) forming a longitudinal wall (8b) and a transverse wall (8a) of an enclosure at least partially surrounding the floor (figure 1), the guard rail (8) including a top rail (figure 4), the top rail being non-circular in cross-section (note flat top and sides of guard rail 8, best seen in figure 4), and having a top face (top surface of rail 8) and a bottom face (bottom surface of rail 8), and
the control console (10, figure 3) includes a fixing device (12, figure 3) configured to removably fit the control console to the top rail (8, figure 4).
Maisonnette does not close the fixing device configured to removably snap-fit the control console to the top rail and including an at least partially elastically deformable fixing member and a bearing surface configured to come into bearing contact with the top rail when the control console is coupled to the top rail, the bearing surface and the fixing member defining a housing, the housing defining a passage for receiving the top rail, the passage being configured to, by elastic deformation of the fixing member, widen upon introducing the top rail into the housing.
However, DeLong teaches: a fixing device (18, figure 3) configured to removably snap-fit (column 1, lines 57-58) the control console (tray 16) to the top rail (12, figure 1), the fixing device (straight arms and web of 18; see below) including an at least partially elastically deformable fixing member (arms of 18) and a bearing surface (inwardly protruding bulge at end of arm of 18; see below) being separate from the fixing device (in that it is a different component/feature of 18 than that identified as the fixing device) and configured to come into bearing contact with the top rail (figure 3) when the control console (tray 16) is coupled to the top rail (12, figure 3) the bearing surface and the fixing member defining a housing (figure 3), the housing defining a passage for receiving the top rail (figure 3), the passage being configured to, by elastic deformation of the fixing member, widen upon introducing the top rail into the housing (column 1, lines 57-58).
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Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to construct the fixing device of Maisonnette as snap fit section and including the bearing member, as taught by DeLong, so as to provide a more secure fit between the control console and the top rail, without requiring the use of any additional fixing members or tools, and still allowing for quick and easy application and removal of the console to and from the rail as needed.
With respect to the fixing device (18), DeLong further teaches:
12. The lifting machine of claim 1, wherein the bearing surface (see above) is configured to contact the bottom face of the top rail (see above).
13. The lifting machine of claim 1, wherein the fixing member (arms and web of 18, as identified above) extends over the top rail when the control console is coupled to the top rail (figure 3).
14. The lifting machine of claim 1, wherein the fixing member (arms and web of 18, as identified above) is provided in the form of a U-shaped spring clamp (figure 3), and the bearing surface (inward protruding bulge as identified above) faces the U-shaped spring clamp to delimit the housing for receiving the top rail (see above).
15. The lifting machine of claim 14, wherein the housing (formed by 18) is quadrangular in cross-section (figure 3), and the passage for receiving the top rail is defined at least partially by the bearing surface (see above) and an end of a branch of the U-shaped spring clamp (figure 3).
16. The lifting machine of claim 14, wherein, when the control console is coupled to the top rail, the bearing surface (as identified above) is orthogonal to a branch of the U-shaped spring clamp (figure 3) and the top rail (12) is fitted between the bearing surface and a web of the U-shaped spring clamp (figure 3).
Re: claim 17, the result of the combination Maisonnette in view of DeLong, as advanced for claim 1 above, would results in: wherein the control console (Maisonnette 10) at least partially overhangs the guard rail (Maisonnette figure 4) to produce a tilting torque when the control console is coupled to the top rail (Maisonnette figure 4), the tilting torque bringing the bearing surface (the identified bearing surface of 18 in DeLong) into contact with the bottom face of the top rail (DeLong, figure 3).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to construct the fixing device of Maisonnette snap fit section and including the bearing member, as taught by DeLong, so as to provide a more secure fit between the control console and the top rail, without requiring the use of any additional fixing members or tools, and still allowing for quick and easy application and removal of the console to and from the rail as needed
Re: claim 18,Maisonnette discloses: wherein the control console (10) includes a control member (13, figure 3), a first side plate (11, figure 3), and a second side plate (left side panel 22), the first side plate (11) has a first inner face (facing towards 13) and a first outer face (facing outwardly, opposite inner face), the second side plate has a second inner face (facing towards control panel) and a second outer face (opposing the inner face), the first inner face faces the second inner face (figure 3), the control member (13) extends between the first side plate and the second side plate (figure 3), the fixing member (12) is a first fixing member (figure 3), and the first fixing member protrudes outwardly from the first outer face (figure 3).
20. The lifting machine of claim 18, wherein at least one of the first side plate or the second side plate is provided with an integral lateral gripping handle (15, figure 3), and the control console includes a central handle (unnumbered arcuate handle seen in figure 3 to the right of control member 13) disposed between and coupled to (via connecting components) the first side plate and the second side plate (figure 3).
Re: 21. The combination of Maisonnette in view of DeLong would result in a control console (Maisonnette, 10) that would couple to the top rail (8, figure 4, Maisonnette) of a lifting machine (figure 2) by: introducing the top rail (12, DeLong) into an insertion passage (flared entry passage seen in figure 3 at base of 18, DeLong ) of a housing (18, DeLong), the housing being at least partially defined by a bearing surface (inwardly protruding bulge of 18, DeLong, as defined above), the bearing surface being separate from the fixing device (in that it is a different component/feature of 18 than that identified as the fixing device) and a fixing member (arms and web of 18, DeLong); twisting the housing relative to the top rail (moving from position in figure 4 to position in figure 3, DeLong), wherein the fixing member is elastically deformed (press fit onto/over 12; DeLong); and snapping the top rail into a predetermined location relative to the housing (with the press-fit action), wherein the fixing member at least partially elastically rebounds when the top rail is positioned in the predetermined location relative to the housing (figure 3).
Re: 22, Maisonnette discloses: A lifting machine (figure 1) comprising:
a work platform (3) having a top rail (figure 4),;
a lifting mechanism (2) configured to vertically adjust the work platform (figure 2); and
a control console (10) configured to control the lifting mechanism (column 10, lines 30-33), the control console (10) including a fixing device (12, figure 3) configured to removably couple the control console to the work platform (figure 4).
Maisonnette does not disclose including the fixing device including an elastically deformable fixing member a bearing surface separate from the fixing device and configured to come into contact with the top rail when the control console is coupled to the work platform.
However, DeLong teaches:
including a fixing device (18, figure 3) with an elastically deformable fixing member (column 1, lines 57-58) configured to removably couple the control console (tray 16) to the work platform (figure 1), and a bearing surface (inwardly protruding bulge at end of arm of 18; as defined above) being separate from the fixing device (in that it is a different component/feature of 18 than that identified as the fixing device) and configured to come into bearing contact with the top rail (figure 3) when the control console (tray 16) is coupled to the work platform (figure 3).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to construct the fixing device of Maisonnette snap fit section and including the bearing surface, as taught by DeLong, so as to provide a more secure fit between the control console and the top rail, without requiring the use of any additional fixing members or tools, and still allowing for quick and easy application and removal of the console to and from the rail as needed.
Re: 23. Maisonnette in view of DeLong result in: the lifting machine of claim 22, wherein the fixing device (Maisonnette12 with elastically deformable configuration of 18 in Delong) is configured to snapably couple the control console to the top rail (DeLong, column 1, lines 57-58).
Re: 24. Maisonnette in view of DeLong result in: The lifting machine of claim 23, wherein the top rail (8, Maisonnette) is imparted with a non- circular cross-section (see flat sides of 8 in figure 4, Maisonnette), a top face (top surface of 8 Maisonnette), and a bottom face (bottom surface of 8, Maisonnette), and the fixing device (12 of Maisonnette with elastically deformable construction of 18 in DeLong) is configured to resiliently snap onto the top face and the bottom face (DeLong, column 1, lines 57-58, figure 3) .
Re: 25. The lifting machine of claim 23, wherein the fixing device (12, Maisonnette; 18 DeLong) defines a passage (figure 3, both), and the top rail is received in the passage when the control console is coupled to the top rail (Maisonnette figure 4; DeLong figure 1).
Re: 26. Maisonnette in view of DeLong result in: the lifting machine of claim 23 wherein the top rail (8, Maisonnette) has an inboard side and an outboard side (figure 4), and the fixing device (12 of Maisonnette with elastically deformable construction of 18 in DeLong) is [device] snapably couplable with the top rail (DeLong, column 1, lines 57-58, figure 3) along the inboard side and along the outboard side (DeLong figure 3).
Re: 27. Maisonnette in view of DeLong result in: the lifting machine of claim 23, wherein the top rail is captured between the elastically deformable fixing member (arms and web of 18 as identified above) and the bearing surface (see below) when the control console (of Maisonnette) is coupled to the top rail.
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Re: 28. Maisonnette in view of DeLong result in: the lifting machine of claim 27, wherein the elastically deformable fixing member (arms and web of 18) is provided in the form of a U-shaped spring clamp (see above).
29. The lifting machine of claim 22, wherein the control console includes a side plate, and the fixing device protrudes outwardly from the side plate (Maisonnette, figure 3).
Claim(s) 19 and 30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Maisonnette in view of DeLong as applied to claims 1, 18 and 22 above, and further in view of Pruett et al. (US pub 2004/0108164). Maisonnette in view of DeLong fail to teach wherein a second fixing member protrudes outwardly from the second outer face, and the control console is selectively coupleable to the top rail in a plurality of positions.
However, Pruett et al. teach:
19. wherein a second fixing member (24, figure 1; with 26 being the first fixing member) protrudes outwardly from the second outer face (outer face of 16), and the control console (tool tray 10) is selectively coupleable to the top rail (rungs or top cap of ladder) in a plurality of positions (plurality of positions shown in figures 5-11).
30. wherein the fixing device (26) is a first fixing device (figure 5), the control console (tool tray 10) includes a second fixing device (24, figure 6), and the first fixing device (26) is opposite the second fixing device (figure 1).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to construct the control console of Maisonnette to include a second fixing device, opposite the first fixing device, as taught by Pruett et al., so as provide a more versatile control console, readily adaptable to be positioned on a variety of different sizes and/or shapes of lifting platform guardrails, and so as to allow a user to hang the console in different orientations as needed, depending on platform configurations.
Response to Arguments
Applicant's arguments filed November 10, 2025 have been fully considered but they are not persuasive. Applicant’s remarks are primarily based on the argument that the prior art of DeLong does not teach or suggest a bearing surface “being separate from the fixing device”, as required in each of the independent claims.
However, this is not found persuasive for at least a couple of reasons. First of all, as advanced in the above rejections, the bearing surface of DeLong can be considered separate from the fixing device in that it is a different component/feature of 18 than that identified as the fixing device. Separate surfaces and devices can still be part of the same whole. The bulge that forms the bearing surface is a distinct feature of 18, separate from the planar side walls and web that form the U-shape.
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Secondly, even if applicant were to argue a narrower or special definition of separate (examiner notes that no such definition appears to be part of the disclosure), or considered “separate” to be equal to “removable”, the obviousness of making something separate versus integral would still be considered. As explained in MPEP 2144.04, B. Making Integral, and C. Making Separable, “the use of a one-piece construction instead of the structure disclosed in [the prior art] would be merely a matter of obvious engineering choice”, and “if it were considered desirable for any reason… it would be obvious to make the [part] removable for that purpose.”
In the instant application there does not appear that there would be any change in function if the bearing surface is bolted or otherwise removably adhered to the fixing device, or if the bearing surface and fixing device are distinct parts of a larger member, as both options still provide a snap-fit securement of the console to the work platform rail.
It is also noted that applicant’s own specification [0009] says that the fixing device and bearing surface are preferably integral to one of the branches of the U. [emphasis added].
For at least these reasons applicant’s arguments are not found persuasive and the claims remain rejected as advanced above.
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 COLLEEN M CHAVCHAVADZE whose telephone number is (571)272-6289. The examiner can normally be reached M-F 8:00AM-4:00PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Daniel Cahn can be reached at 571-270-5616. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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COLLEEN M. CHAVCHAVADZE
Primary Examiner
Art Unit 3634
/COLLEEN M CHAVCHAVADZE/Primary Examiner, Art Unit 3634