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 Group II, claims 7-18 in the reply filed on 02/23/2026 is acknowledged.
Amended claims 1-6 do not read on the elected invention in that they require a gate connected between first and second side rails that define an enclosure. These claims are an invention that distinct from the elected invention.
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 7 and 12 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Shafer et al US 2021/0276849.
Regarding claim 7, Shafer discloses a gate assembly for a safety rail on an aerial work platform, the gate assembly comprising a gate (76) pivotally connected to the safety rail via a hinge (80), wherein the hinge comprises a quick release pin (Shafter, ¶0049), and wherein the hinge is configured such that removal of the quick release pin enables separation of the gate from the safety rail (74).
Regarding claim 12, Shafer discloses a work platform for an aerial lift, the platform comprising: a platform floor (40); a safety rail (74); and a gate assembly coupled with the safety rail, the gate assembly including a gate (76) pivotally connected to the safety rail via a hinge (80), wherein the hinge comprises a quick release pin (Shafer, ¶0049), and wherein the hinge is configured such that removal of the quick release pin enables removal of the gate from the safety rail.
Claim(s) 7, 9, 12, 14, and 17 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Crick et al GB 2487505.
Regarding claim 7, Crick discloses a gate assembly for a safety rail on an aerial work platform, the gate assembly comprising a gate (103) pivotally connected to the safety rail (1205) via a hinge (104), wherein the hinge comprises a quick release pin (112), and wherein the hinge is configured such that removal of the quick release pin enables separation of the gate from the safety rail (Crick, page 8: lines 1-11).
Regarding claim 9, Crick further discloses a spring (110) secured on the quick release pin, the spring urging the gate toward a closed position (Crick, page 9: lines 27-30).
Regarding claim 12, Crick discloses a work platform for an aerial lift, the platform comprising: a platform floor (1204); a safety rail (1205); and a gate assembly coupled with the safety rail, the gate assembly including a gate (103) pivotally connected to the safety rail via a hinge (104), wherein the hinge comprises a quick release pin (112), and wherein the hinge is configured such that removal of the quick release pin enables removal of the gate from the safety rail (Crick, page 8: lines 1-11).
Regarding claim 14, Crick further discloses a spring (110) secured on the quick release pin, the spring urging the gate toward a closed position (Crick, page 9: lines 27-30).
Regarding claim 17, Crick further discloses the gate comprises top (107) and bottom (108) connecting plates fixed thereto, and wherein the hinge comprises: a top support plate (502) fixed to the safety rail, a bottom support plate (503) fixed to the safety rail, and the quick release pin extending through the top and bottom support plates and through the top and bottom connecting plates (Crick, Figure 1).
Allowable Subject Matter
Claims 8, 10, 11, 13, 15, 16 and 18 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.
The following is a statement of reasons for the indication of allowable subject matter: The prior art fails to disclose either alone or in combination a gate assembly as claimed having a R-clip, a second door, or a hinge having sandwiched plates.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: US 20230056050.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KRISTEN C HAYES whose telephone number is (571)272-7881. The examiner can normally be reached M-F 8am-6pm.
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, Michener Joshua can be reached at 571.272.1467. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/KRISTEN C HAYES/Primary Examiner, Art Unit 3642
Prosecution Insights