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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 April 27, 2026 has been entered.
Claim Objections
Claim 24 is objected to because of the following informalities: claim 24, lines 2-3 recite, in part, “...the fixing device is configured to resiliently snap onto the top face and the bottom face”; however, it is the bearing surface (10) that snaps onto the bottom face, not the fixing device (8).
It appears claim 24, line 3 should be amended to remove the limitation “and the bottom face”.
Appropriate correction is required.
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, 13, 18, 20 and 22-29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Maisonnette (US 11,401,148) in view of Haney (US 10,718,120).
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),
the fixing device (12), positioning the rail against an outer face of a side plate (outer face of side plate 11 that faces top rail, figure 4) of the control console (figure 4).
Maisonnette does not close the fixing device (12) 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, the fixing member compressing the top rail against an outer face of a side plate of the control console.
However, Haney teaches: a fixing device (right hand hook 106, figure 4, see below) configured to removably snap-fit (column 3, lines 9-15) the control console (tray 102, figure 3) to the top rail (10, figure 3), the fixing device including an at least partially elastically deformable fixing member (160, see below) and
a bearing surface (left-hand 160, see below) being separate from the fixing device (see below) and configured to come into bearing contact with the top rail (10) when the control console (tray 102, figure 3) is coupled to the top rail (10, figure 3), the bearing surface (left-hand 160) and the fixing member (see below) defining a housing (figure 4), 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 (snap fitting of 160 about rail 10), the fixing member (right-hand 160, see below) compressing the top rail (10) against an outer face of a side plate (122, figure 4) of the control console (tray 102; figure 3).
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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 with a snap fit section and including a bearing member/surface, as taught by Haney, 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 (right-hand hook 106, see above), Haney further teaches: 13. The lifting machine of claim 1, wherein the fixing member (right-hand 160) extends over the top rail when the control console (tray 102) is coupled to the top rail (figures 3 & 5).
Re: claim 18, Maisonnette discloses: wherein the side plate (11, figure 3) is a first side plate, and the outer surface is a first outer surface (figure 3),
the control console (10) includes a control member (13, figure 3), the 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),
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).
Re: claim 20, Maisonnette discloses: 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: 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),
the fixing device (12) positioning the top rail against an outer face of a side plate (outer face of side plate 11 that faces top rail) of the control console (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, the fixing member compressing the top rail against an outer face of a side plate of the control console.
However, Haney teaches:
a fixing device (right hand hook 106, figure 4, see below) with an elastically deformable (“snap fit”, col. 3, lines 9-15) fixing member (160, see below) configured to removably couple (column 3, lines 9-15) the control console (tray 102, figure 3) to the work platform (figure 3), and
a bearing surface (left-hand 160, see below) separate from the fixing device (see below) and configured to come into contact with the top rail (10) when the control console (tray 102, figure 3) is coupled to the work platform (figure 3), the fixing member (right-hand 160, see below) compressing the top rail (10) against an outer face of a side plate (122, figure 4) of the control console (tray 102; figure 3).
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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 with a snap fit section and including a bearing member/surface, as taught by Haney, 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 Haney result in: the lifting machine of claim 22, wherein the fixing device (Maisonnette 12 with elastically deformable configuration taught by Henley as advanced above) is configured to snapably couple the control console to the top rail (“snap fit”, col. 3, lines 9-15).
Re: 24. Maisonnette in view of Haney 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 Haney) is configured to resiliently snap onto the top face (Haney, figures 3 and 5; col. 3, lines 9-15) and the bottom face (as noted in the Claim Objection above this limitation should be removed as the fixing device of applicant’s does not snap onto the bottom face of the top rail).
Re: 25. Maisonnette in view of Haney result in: The lifting machine of claim 23, wherein the fixing device (12, Maisonnette with elastically deformable construction of Haney;) 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; Haney figure 3).
Re: 26. Maisonnette in view of Haney 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 Haney) is snapably couplable with the top rail (Haney, column 3, lines 9-15 and figure 3) along the inboard side and along the outboard side (Haney, figure 3).
Re: 27. Maisonnette in view of Haney result in: the lifting machine of claim 23, wherein the top rail is captured between the elastically deformable fixing member (of Haney, as advanced above) and the bearing surface (Haney, left hand 160) when the control console is coupled to the top rail (figure 3).
Re: 28. Maisonnette in view of Haney result in: the lifting machine of claim 27, wherein the elastically deformable fixing member (160 of Haney as advanced above) is provided in the form of a U-shaped spring clamp (Haney, figure 5, 160 being part of and following a contour of the U-shaped hook 106).
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 Haney 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 Haney 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 14, figure 1), 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.
Claim(s) 12 and 14-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Maisonnette in view of Haney as applied to claims 1 and 22 above, and further in view of DeLong (US 4,357881). Maisonnette as modified by Haney, does not teach wherein the bearing surface is configured to contact the bottom face of the top rail, wherein the fixing member is provided in the form of a U-shaped spring clamp, and the bearing surface faces the U-shaped spring clamp to delimit the housing for receiving the top rail
However, DeLong teaches:
12. The lifting machine of claim 1, wherein the bearing surface (see below) is configured to contact the bottom face of the top rail (see below).
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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 in view of Haney with the bearing surface contacting the bottom face of the rail, 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 14, Maisonnette in view of Haney, as advanced above teach
wherein the fixing member (Maisonnette with fixing member of Haney, as identified above) is provided in the form of a U-shaped spring clamp (160 being part of u-shaped hook 106 as explained above), but do not teach the bearing surface faces the U-shaped spring clamp to delimit the housing for receiving the top rail.
However, Delong teaches 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). 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 in view of Haney with the bearing surface positioned on the side plate to face the u-shaped clamp, 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 15. Maisonnette in view of Haney and DeLong teach the lifting machine of claim 14, wherein the housing (formed by 12 of Maisonnette with modifications by Haney and DeLong) is quadrangular in cross-section (Maisonnette, DeLong), and the passage for receiving the top rail is defined at least partially by the bearing surface (Haney and Delong; see above) and an end of a branch of the U-shaped spring clamp (Haney and Delong; see above).
Re: 16. Maisonnette modified by Haney and DeLong would result in the lifting machine of claim 14, wherein, when the control console is coupled to the top rail (Maisonnette, figure 4), the bearing surface (DeLong, as identified above) is orthogonal to a branch of the U-shaped spring clamp (when Maisonnette 12 is modified by Haney and DeLong) and the top rail is fitted between the bearing surface and a web of the U-shaped spring clamp (when Maisonnette 12 is modified by Haney and DeLong).
Re: claim 17, the result of the combination Maisonnette in view of Haney and 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
Claim(s) 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Maisonnette (US 11,401,148) in view of Haney (US 10,718,120)
Re: claim 21. the combination of Maisonnette in view of Haney 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 Maisonnette) by: introducing the top rail (10, Haney) into an insertion passage (at lower ends of 106 ) of a housing (defined by 106), the housing being at least partially defined by a bearing surface (as identified in images of Haney above) and a fixing member (as identified in images of Haney above), the bearing surface being separate from the fixing member (see above); twisting the housing relative to the top rail (part of the motion in fitting a snap fit clamp to a rail like that in Haney), wherein the fixing member is elastically deformed (during the fitting of 160 on rail); and snapping the top rail into a predetermined location relative to the housing (with the snap-fit action), wherein the fixing member (as identified above) at least partially elastically rebounds when the top rail is positioned in the predetermined location relative to the housing (figure 3; snap fit action), the fixing member compressing the top rail against an outer face of a side plate (identified below) of the control console (when applied to console of Maisonnette).
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 Haney, 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
Response to Arguments
Applicant's arguments filed April 27, 2026 have been fully considered but they are not persuasive.
Applicant’s remarks are primarily based on the argument that the prior art combination of Maisonnette in view of DeLong does not teach or suggest the newly added limitation “the fixing member compressing the top rail against an outer face of a side plate of the control console”, which has been added to each of the independent claims.
With respect to each of the independent claims 1, 21 and 22, the remarks are not found persuasive since, in light of the amendments, the secondary reference of DeLong has been replaced with Haney (US 10,718,120), which as explained in the rejections above teaches a fixing member (160, identified below) compressing the top rail (Haney, 10, figure 3) against an outer face of a side plate of the control console (tray 102 of Haney, figure 3).
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For at least these reasons applicant’s arguments are not found persuasive and the claims remain rejected as advanced above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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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COLLEEN M. CHAVCHAVADZE
Primary Examiner
Art Unit 3634
/COLLEEN M CHAVCHAVADZE/ Primary Examiner, Art Unit 3634
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