DETAILED ACTION
This action is in response to Applicant’s amendment received on December 8, 2025.
Claim 1-13, 15-20, 22 and 23 are pending in the application. Claims 22 and 23 have been added. Claims 14 and 21 have been cancelled.
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 of this title, 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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over More et al. (US PG Pub No. 2022/0098886), hereinafter “More”, in view of Beaulieu (US PG Pub No. 2020/0011484), hereinafter “Beaulieu”.
Regarding claim 1, More discloses a pedestrian support (8000) for a generator enclosure (7000), the pedestrian support (8000) comprising: a body (4020) configured to support a pedestrian (paragraph 48) and provide access to the generator enclosure (7000), the body (4020) including: an elongate length; a first end (4071) and a second end (4072) at opposite ends of the elongate length; a first bearing plate (4021) extending longitudinally from the elongate length at the first end (4071), the first bearing plate (4021) being configured to support the body (4020); a second bearing plate (4022) extending longitudinally from the elongate length at the second end (4072), the second bearing plate (4022) being configured to support the body (4020).
More fails to disclose that the body includes a first longitudinal side and a second longitudinal side extending along opposite sides of the elongate length; and a first sidewall extending downwardly from the first longitudinal side along the elongate length; and a second sidewall extending downwardly from the second longitudinal side along the elongate length.
However, Beaulieu discloses a support that comprises a body (Beaulieu (Fig. 1 (106’); paragraph 35)) that includes a first longitudinal side and a second longitudinal side extending along opposite sides of the elongate length (Beaulieu (paragraphs 35-37)); and a first sidewall extending downwardly from the first longitudinal side along the elongate length (Beaulieu (Fig. 1 (to one side of element 106’); paragraphs 35-37)); and a second sidewall extending downwardly from the second longitudinal side along the elongate length (Beaulieu (Fig. 1 (to the opposite side of element 106’); paragraphs 35-37)).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to have modified More by incorporating the teachings of Beaulieu in order to have a support platform that is solidly built and more resistant to weight.
Regarding claim 2, the modified invention of More discloses the pedestrian support of claim 1, wherein the first bearing plate (4021) is configured to be attached to a first beam (5001) disposed below a generator enclosure (7000), and wherein the second bearing plate (4022) is configured to be attached to a second beam (5002) disposed below the generator enclosure (7000).
Regarding claim 3, the modified invention of More discloses the pedestrian support of claim 2, wherein the first bearing plate (4021) is configured to be attached to a top flange (5051) of the first beam (5001), and wherein the second bearing plate (4022) is configured to be attached to a top flange (5052) of the second beam (5002).
Regarding claim 4, the modified invention of More discloses the pedestrian support of claim 3, wherein the first bearing plate (4021) is configured to be attached to the top flange (5051) of the first beam (5001) using an adhesive tape (paragraphs 66, 70), and wherein the second bearing plate (4022) is configured to be attached to the second beam (5002) using the adhesive tape (paragraphs 66, 70).
Regarding claim 5, the modified invention of More discloses the pedestrian support of claim 1.
More fails to disclose a textured surface disposed on a top surface of the body.
However, it would have been obvious to one having ordinary skill in the art at the time the invention was made to have modified More by incorporating a textured surface disposed on a top surface of the body, since it has been held to be within the general skill of a worker in the art to select known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Regarding claim 6, the modified invention of More discloses the pedestrian support of claim 1, wherein the body (4020), first bearing plate (4021), and second bearing plate (4022) are integrally formed (They are integrally formed as “skid panel 508”).
Regarding claim 7, the modified invention of More discloses a generator enclosure assembly, comprising: a generator enclosure (7000) including an engine (Fig. 3 (20)) and an alternator (Fig. 3 (30)); a first beam (5001) disposed below the generator enclosure (7000) and supporting the generator enclosure (7000); a second beam (5002) disposed below the generator enclosure (7000) and supporting the generator enclosure (7000); and a pedestrian support (8000) for the generator enclosure (7000) including: a body (4020), including: a first end (Beaulieu (Fig. 1 (106’); paragraph 35)), a second end (Beaulieu (Fig. 1 (106’); paragraph 35)), a first longitudinal side intermediate the first end and the second end, a second longitudinal side intermediate the first end and the second end (Beaulieu (paragraphs 35-37)), a first bearing plate (4021) extending from the first end (Beaulieu (Fig. 1 (106’); paragraph 35)), a second bearing plate (4022) extending from the second end (Beaulieu (Fig. 1 (106’); paragraph 35)), the first bearing plate (4021) attached to the first beam (5001) and the second bearing plate (4022) attached to the second beam (5002), wherein the first beam and the second beam are adjacent to one another without another beam disposed therebetween (Beaulieu (paragraphs 35-37)), a first sidewall extending downwardly from the first longitudinal side intermediate the first beam and the second beam (Beaulieu (paragraphs 35-37)), and a second sidewall extending downwardly from the second longitudinal side intermediate the first beam and the second beam (Beaulieu (paragraphs 35-37)).
Regarding claim 8, the modified invention of the modified invention of More discloses the generator enclosure assembly of claim 7, further comprising a fuel tank disposed below the first beam (5001) and the second beam (5002).
Regarding claim 9, the modified invention of More discloses the generator enclosure assembly of claim 7, wherein the first bearing plate (4021) is attached to a top flange (5051) of the first beam (5001), and wherein the second bearing plate (4022) is attached to a top flange (5052) of the second beam (5002).
Regarding claim 10, the modified invention of More discloses the generator enclosure assembly of claim 7, wherein the pedestrian support (8000) comprises two or more pedestrian supports Fig. 10 (8000) each including a body (4020), a first bearing plate (4021), and a second bearing plate (4022), the first bearing plate (4021) attached to one beam (5003) and the second bearing plate (4022) attached to another beam (5004), different than the one beam (5003).
Regarding claim 11, the modified invention of More discloses the generator enclosure assembly of claim 7.
More fails to disclose a textured surface disposed on a top surface of the body.
However, it would have been obvious to one having ordinary skill in the art at the time the invention was made to have modified More by incorporating a textured surface disposed on a top surface of the body, since it has been held to be within the general skill of a worker in the art to select known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Regarding claim 12, the modified invention of More discloses the generator enclosure assembly of claim 7, wherein the first bearing plate (4021) and the second bearing plate (4022) are attached to the first beam (5001) and the second beam (5002), respectively, using an adhesive tape (paragraphs 66, 70).
Regarding claim 13, the modified invention of More discloses the generator enclosure assembly of claim 7, wherein the first bearing plate (4021) and the second bearing plate (4022) are attached to the first beam (5001) and the second beam (5002), respectively, using one or more fasteners (paragraphs 66, 70).
Regarding claim 14, the modified invention of More discloses the generator enclosure assembly of claim 7, wherein the pedestrian support is comprised of a metal or metal alloy (paragraphs 46, 48, 60).
Regarding claim 15, the modified invention of More discloses a generator (Beaulieu (Fig. 1 (120))) enclosure (7000) comprising: a primary compartment (Fig. 3 (120)) of the generator (Beaulieu (Fig. 1 (120))) enclosure (7000), the primary compartment (Fig. 3 (120)) including a top panel opening (in the vicinity of element 106) formed in a top panel (106) of the primary compartment (Fig. 3 (120)) and an install guide (Fig. 11) disposed around a portion of the top panel opening (in the vicinity of element 106); and an expansion box (4001), the expansion box (4001) including a bottom opening and a plurality of mounting holes (As best shown in Figs. 11-16 and 23-24), the bottom opening being configured to receive the install guide and the plurality of mounting holes being configured to receive a fastener for securing the expansion box (4001) to the install guide (paragraphs 57-59).
Regarding claim 16, the modified invention of More discloses the generator enclosure of claim 15, further comprising an air discharge pipe (4003) disposed in the expansion box (4001).
Regarding claim 17, the modified invention of More discloses the generator enclosure of claim 15, wherein the install guide (Fig. 11; paragraphs 57-59) further comprises a face including one or more guide mounting holes configured to receive the fastener for securing the expansion box (4001) to the install guide (Fig. 11; paragraphs 57-59).
Regarding claim 18, the modified invention of More discloses the generator enclosure of claim 17, wherein the install guide (Fig. 11; paragraphs 57-59) comprises two or more legs, each leg configured to be disposed along a different side of the top panel opening (Fig. 12; paragraphs 57-59, 62, 63).
Regarding claim 19, the modified invention of More discloses the generator enclosure of claim 15, wherein the top panel opening and the bottom opening have a substantially square shape, and wherein the install guide is disposed along three sides of the top panel opening (Fig. 12; paragraphs 57-59, 62, 63).
Regarding claim 20, the modified invention of More discloses the generator enclosure of claim 15, wherein the primary compartment (Fig. 3 (120)) includes an engine (Fig. 3 (20)) and an alternator (Fig. 3 (30)).
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Allowable Subject Matter
Claims 22 and 23 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant’s remarks filed on December 8, 2025 have been fully considered but they are not deemed persuasive.
Applicant contends that the reference of More et al. (US PG Pub No. 2022/0098886), hereinafter “More” fails to disclose a first and a second sidewalls extending downwardly from the first and second longitudinal sides, respectively, of the elongate length. Examiner submits that the reference of More was not relied on for the disclosure of the afore-mentioned limitations. Examiner further submits that the reference of Beaulieu (US PG Pub No. 2020/0011484), hereinafter “Beaulieu” was relied on for the disclosure of a first and a second sidewalls extending downwardly from the first and second longitudinal sides, respectively, of the elongate length (Beaulieu (Fig. 1 (to one side of element 106’ and to the opposite side of element 106’); paragraphs 35-37)). Therefore, it is understood that the combination of More, in view of Beaulieu teaches all the limitations required by the independent claims.
Accordingly, the grounds of rejection are deemed proper.
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 extension fee 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.
Conclusion
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/O.M/Examiner, Art Unit 3747
/LINDSAY M LOW/Supervisory Patent Examiner, Art Unit 3747