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 § 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.
Claims 1-3, 6, 7, and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mu et al. (CN112681143).
Re claim 1, Mu et al. disclose a scaffold assembly (see below annotated Fig. 5 of the MT of Mu et al.) comprising:
a framework comprising:
a bottom beam (10) being configured to be positioned between adjacent columns (12) of a pair of adjacent columns of a structure under construction, the bottom beam (10) having opposed ends (14) configured to reversibly engage the adjacent columns;
a pair of posts (16), each post of the pair of posts being attached to and extending substantially perpendicularly from the bottom beam proximate to a respective opposed end (14) of the bottom beam (10); and
a top beam (18) being attached to and extending between the posts (16) distal from the bottom beam (10), the top beam (18) being dimensionally longer than the bottom beam defining a pair of extensions (22), wherein each extension of the pair of extensions is configured to be positioned atop a respective adjacent column (12) of the pair of adjacent columns, such that the framework is supported by the pair of adjacent columns and is spaced apart from a workpiece (“expansion joint”, see para. [n0048] of the MT of Mu et al.) extending between the adjacent columns; and
a plate (24) attached to the bottom beam and extending substantially perpendicularly from the framework toward the workpiece, wherein the plate (24) provides a platform for a user to sit or stand upon to manipulate the workpiece and wherein the top beam (18) is configured to prevent the user from falling from the platform (note that construction workers standing on the steel scaffolding to fix the expansion join between the two T-beams would be prevented from failing over by the top beam 18, see para. [n0048] of the MT of Mu et al.).
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Re claim 2, the scaffold assembly of Claim 1, wherein the opposed ends (14) of the bottom beam are tapered to complement tapers of bases of the adjacent columns (12) of the pair of adjacent columns of the structure under construction.
Re claim 3, the scaffold assembly of Claim 1, further including a barrier (26) attached to the framework and extending across a space defined by the pair of posts (12), the top beam (18), and the bottom beam (10), wherein the barrier (26) is configured to prevent the user from falling through the space.
Re claim 6, the scaffold assembly of Claim 1, further including a front beam (28) being attached to the plate (24) and extending in parallel with the bottom beam (10), the front beam (28) having opposite ends configured to reversibly engage the adjacent columns (12) of the pair of adjacent columns.
Re claim 7, the scaffold assembly of Claim 6, wherein the opposite ends (14) of the front beam (28) are tapered to complement the tapers of bases of the adjacent columns (12) of the pair of adjacent columns.
Re claim 11, the method of increasing safety while finishing a web wall, the method comprising providing the scaffold assembly of Claim 1, and: lowering the framework between adjacent columns of a pair of adjacent columns of a bridge under construction (para. [n0046] of the MT of Mu et al.: “Hoist the telescopic device with middle and bottom supports between the two T-beams”), such that the opposed ends of the bottom beam are reversibly engaged to the adjacent columns, such that the pair of extensions are positioned atop the adjacent column of the pair of adjacent columns (see para. [n0056] of the MT of Mu et al. “use a wrench to unscrew the two side center supports from the center sleeve until the bottom support contacts the side of the T-beam)”, and such that the framework is supported by the pair of adjacent columns and is spaced apart from a web wall extending between the adjacent columns; and sitting or standing upon the platform to finish a concrete surface of the web wall (“expansion joint”, see para. [n0048] of the MT of Mu et al.), such that the top beam prevents the user from falling from the platform (note that construction workers standing on the steel scaffolding to fix the expansion join between the two T-beams would be prevented from failing over by the top beam 18, see para. [n0048] of the MT of Mu et al.).
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 4 is rejected under 35 U.S.C. 103 as being unpatentable over (CN112681143).
Re claim 4, Mu et al. fail to disclose the scaffold assembly of Claim 3, wherein the barrier (26) comprises a pair of crossbeams, each crossbeam of the pair of crossbeams being attached to and extending between the posts of the pair of posts. However, per MPEP 2144.VI.B, the duplication of parts has no patentable significance unless a new and unexpected result is produced. It 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 to have included a pair of crossbeams in a scaffold assembly according to Mu et al. as a routine expedient.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Mu et al. (CN112681143) in view of Pendleton et al. (US3744590).
Re claim 5, Mu et al. fail to disclose the scaffold assembly of Claim 1, further including a pair of bars, each bar being attached to and extending between the plate and a respective post of the pair of posts, such that the pair of bars supports the plate relative to the framework. Pendleton et al. teach, in the context of scaffolding, a pair of bars (14, Fig. 1) each bar being attached to and extending between the plate (11) and a respective post (12) of the pair of posts, such that the pair of bars supports the plate relative to the framework. It 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 to have included a pair of bars each bar being attached to and extending between the plate and a respective post of the pair of posts, such that the pair of bars supports the plate relative to the framework in the scaffold assembly of Mu et al. according to the teachings of Pendleton et al. in order to “steady the scaffold” (see col. 1, line 33 of Pendleton et al.).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Mu et al. (CN112681143).
Re claim 8, Mu et al. fail to disclose the scaffold assembly of Claim 1, further including a set of handles attached to the top beam and being configured for grasping in hands of one or more users to lift and to position the framework. However, per MPEP 2144.V.A, the fact that a claimed device is portable or movable is not sufficient by itself to patentably distinguish over an otherwise old device unless there are new or unexpected results. Accordingly, it 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 to have included handles with the top beam of the framework of the scaffold assembly disclosed by Mu et al. in order to aid in moving and/or “temporary fixing” the framework (see para. [n0079] of MT of Mu et al.).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Mu et al. (CN112681143) in view of Lasko (US3805711).
Re claim 9, Mu et al. fail to disclose the scaffold assembly of Claim 8, wherein each handle comprises a C-ring having opposing ends, the opposing ends being attached to the top beam. Lakso teaches, in the context of a stand, a C-ring (18) having opposing ends, the opposing ends being attached to a top beam (16). It 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 to have included a C-ring having opposing ends, the opposing ends being attached to the top beam in a framework of the scaffold of Mu et al. according to the teachings of Lakso in order to aid in moving and/or “temporary fixing” the framework (see para. [n0079] of MT of Mu et al.).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Mu et al. (CN112681143) in view of Pendleton et al. (US3744590) and further in view of Lasko (US3805711).
Mu et al. disclose a scaffold assembly (see above annotated Figs. 4 and 5 of the MT of Mu et al.) comprising: a framework comprising: a bottom beam (10) being configured to be positioned between the adjacent columns (12) of a pair of adjacent columns of a structure under construction, the bottom beam (10) having opposed ends (14) configured to reversibly engage the adjacent columns (12), the opposed ends of the bottom beam being tapered to complement tapers of bases of the adjacent columns of the pair of adjacent columns of the structure under construction (see above annotated Figs. 4 and 5 of the MT of Mu et al.); a pair of posts (16), each post of the pair of posts being attached to and extending substantially perpendicularly from the bottom beam proximate to a respective opposed end of the bottom beam (10); and a top beam (18) being attached to and extending between the posts (16) distal from the bottom beam, the top beam (18) being dimensionally longer than the bottom beam defining a pair of extensions (22), wherein each extension (22) of the pair of extensions is configured to be positioned atop a respective adjacent column (12) of the pair of adjacent columns, such that the framework is supported by the pair of adjacent columns and is spaced apart from a workpiece (“expansion joint”, see para. [n0048] of the MT of Mu et al.) extending between the adjacent columns; a plate (24) attached to the bottom beam and extending substantially perpendicularly from the framework toward the workpiece, wherein the plate (24) provides a platform for a user to sit or stand upon to manipulate the workpiece and wherein the top beam (18) is configured to prevent the user from falling from the platform (note that construction workers standing on the steel scaffolding to fix the expansion join between the two T-beams would be prevented from failing over by the top beam 18, see para. [n0048] of the MT of Mu et al.); a barrier (26) attached to the framework and extending across a space defined by the pair of posts (12), the top beam (18), and the bottom beam (10), wherein the barrier (26) is configured to prevent the user from falling through the space, a front beam (28) being attached to the plate (24) and extending in parallel with the bottom beam (10), the front beam (28) having opposite ends configured to reversibly engage the adjacent columns (12) of the pair of adjacent columns, the opposite ends of the front beam being tapered to complement the tapers of the bases of the adjacent columns of the pair of adjacent columns (see above annotated Figs. 4 and 5 of the MT of Mu et al.).
Mu et al. fail to disclose the barrier comprising a pair of crossbeams, each crossbeam of the pair of crossbeams being attached to and extending between the posts of the pair of posts. However, per MPEP 2144.VI.B, the duplication of parts has no patentable significance unless a new and unexpected result is produced. It 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 to have included a pair of crossbeams in a scaffold assembly according to Mu et al. as a routine expedient.
Mu et al. also fail to disclose a pair of bars, each bar being attached to and extending between the plate and a respective post of the pair of posts, such that the pair of bars supports the plate relative to the framework. Pendleton et al. teach, in the context of scaffolding, a pair of bars (14, Fig. 1) each bar being attached to and extending between the plate (11) and a respective post (12) of the pair of posts, such that the pair of bars supports the plate relative to the framework. It 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 to have included a pair of bars each bar being attached to and extending between the plate and a respective post of the pair of posts, such that the pair of bars supports the plate relative to the framework in the scaffold assembly of Mu et al. according to the teachings of Pendleton et al. in order to “steady the scaffold” (see col. 1, line 33 of Pendleton et al.).
Mu et al. further fail to disclose a set of handles attached to the top beam and being configured for grasping in hands of one or more users to lift and to position the framework, each handle comprising a C-ring having opposing ends, the opposing ends being attached to the top beam. Lakso teaches, in the context of a stand, a C-ring (18) handles having opposing ends, the opposing ends being attached to top beams (16). It 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 to have included C-ring handles having opposing ends, the opposing ends being attached to the top beam in a framework of the scaffold of Mu et al. according to the teachings of Lakso in order to aid in moving and/or “temporary fixing” the framework (see para. [n0079] of MT of Mu et al.).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Sun et al. (CN108277745) disclose a T-beam suspended work platform structure. Vosbikian et al. (US20090294214) and Cindric et al. (US20180085912) disclose handles.
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/BAP/Examiner, Art Unit 2418
/COLLEEN M CHAVCHAVADZE/Primary Examiner, Art Unit 3634