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 .
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) 21-27, 29-37, 39 and 40 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Revuelta FR 2941729.
Regarding claim 21, Revuelta discloses a guard rail system for a scaffold; the scaffold having first, second, third, and fourth guard rail mounting points (at 24) located proximate corresponding corners of the scaffold (Revuelta, Figure 2); the guard rail system comprising: a first side rail assembly (formed by 68) configured to mount to the first and second mounting points; the first side rail assembly having longitudinally opposing first and second end portions (Revuelta, Figure 9); a second side rail assembly (formed by 68) configured to mount to the third and fourth mounting points (Revuelta, Figure 9); a first gate (72); a second gate (72); a first support post (32) configured to mount to the third mounting point; a second support post (32) configured to mount to the fourth mounting point; wherein the first gate is configured to be pivotally mounted to the first end portion of the first side rail assembly and latch to second side rail assembly when the second side rail assembly is mounted to the third and fourth mounting points and latch to the first support post when the first support post is mounted to the third mounting point (via 74); and wherein the second gate is configured to be pivotally mounted to the second end portion of the first side rail assembly and latch to second side rail assembly when the second side rail assembly is mounted to the third and fourth mounting points and latch to the second support post when the second support post is mounted to the fourth mounting point (via 74).
Regarding claim 22, Revuelta further discloses the first side rail assembly includes a first hinge portion (74) in the first end portion, and another first hinge portion in the second end portion; wherein the first gate includes a second hinge portion (sleeve) configured to mate with the first hinge portion in the first end portion to pivotally mount the first gate to the first side rail (Revuelta translation: “ According to one embodiment, each gate 72 includes at the level of a post two hinges 74, each having an axis oriented downwards, cooperating with two sleeves (or two tabs each with an opening) attached to a post of a railing 68 so as to form two hinges.”); wherein the second gate includes a second hinge portion (74) configured to mate with the first hinge portion in the second end portion to pivotally mount the second gate to the first side rail (Revuelta translation: “ According to one embodiment, each gate 72 includes at the level of a post two hinges 74, each having an axis oriented downwards, cooperating with two sleeves (or two tabs each with an opening) attached to a post of a railing 68 so as to form two hinges.”).
Regarding claim 23, Revuelta further discloses the first hinge portions being hinge pins; wherein the second hinge portions are sleeves (Revuelta translation: “ According to one embodiment, each gate 72 includes at the level of a post two hinges 74, each having an axis oriented downwards, cooperating with two sleeves (or two tabs each with an opening) attached to a post of a railing 68 so as to form two hinges.”).
Regarding claim 24, Revuelta further discloses the first side rail assembly being formed of multiple sections (68), releasably joined together (via base 10 which contain hollow tubes 32 in which 68 rests. Revuelta, Figure 3. Revuelta translation: “ Each railing 68 comprises on the one hand two uprights whose lower ends are capable of fitting into the hollow tubes 32”).
Regarding claim 25, Revuelta further discloses the second side rail assembly being formed of multiple sections (68) releasably joined together (via base 10 which contain hollow tubes 32 in which 68 rests. Revuelta, Figure 3. Revuelta translation: “ Each railing 68 comprises on the one hand two uprights whose lower ends are capable of fitting into the hollow tubes 32”).
Regarding claim 26, Revuelta further discloses the first and second side rail assemblies including respective top rails, center rails, and bottom rails (Revuelta, Figure 9).
Regarding claim 27, Revuelta further discloses the second side rail, the first support post, and the second support post each including respective latch posts (Revuelta translation: “ According to one embodiment, each gate 72 includes at the level of a post two hinges 74, each having an axis oriented downwards, cooperating with two sleeves (or two tabs each with an opening) attached to a post of a railing 68 so as to form two hinges.”).
Regarding claim 29, Revuelta further discloses the first side rail assembly being formed of multiple sections (68) releasably joined together (via base 10 which contain hollow tubes 32 in which 68 rests. Revuelta, Figure 3. Revuelta translation: “ Each railing 68 comprises on the one hand two uprights whose lower ends are capable of fitting into the hollow tubes 32”); wherein the second side rail assembly is formed of multiple sections (68) releasably joined together (via base 10 which contain hollow tubes 32 in which 68 rests. Revuelta, Figure 3. Revuelta translation: “ Each railing 68 comprises on the one hand two uprights whose lower ends are capable of fitting into the hollow tubes 32”); wherein the first gate is formed as a single unit (Revuelta, Figure 9); and wherein the second gate is formed as a single unit (Revuelta, Figure 9).
Regarding claim 30, Revuelta further discloses the first and second side rail assemblies include respective top rails, center rails, and bottom rails (Revuelta, Figure 9).
Regarding claim 31, Revuelta discloses a guard rail system for a scaffold; the scaffold having first, second, third, and fourth guard rail mounting points (at 24) located proximate corresponding corners of the scaffold (Revuelta, Figure 2); the guard rail system comprising: a first side rail assembly (formed by 68) configured to mount to the first and second mounting points; the first side rail assembly having longitudinally opposing first and second end portions (Revuelta, Figure 9); a second side rail assembly (formed by 68) configured to mount to the third and fourth mounting points (Revuelta, Figure 9); a first gate (72) configured to be pivotally mounted to the first end portion of the first side rail assembly (via 74); a second gate (72) configured to be pivotally mounted to the second end portion of the first side rail assembly (via 74); a first support post (32) configured to mount to the third mounting point; a second support post (32) configured to mount to the fourth mounting point; wherein the guard rail system is changeable between a four-sided configuration (Revuelta, Figures 9) and an three-sided configuration (in that isolated upright posts can be used. Revuelta translation: “Each gate 72 includes at the level of the other upright at least one hinge 76, having an axis oriented downwards and cooperating with at least one sleeve (or at least one tab with an opening) attached to an isolated upright 70 or to an upright of a railing 68 so as to form a latch.”); wherein in the four-sided configuration, the guard rail system forms a closed perimeter fence (Revuelta, Figure 9) and: the first gate is pivotally mounted to the first end portion of the first side rail assembly and extends to and is latched (at 76) to the second side rail assembly (Revuelta translation: “ According to one embodiment, each gate 72 includes at the level of a post two hinges 74, each having an axis oriented downwards, cooperating with two sleeves (or two tabs each with an opening) attached to a post of a railing 68 so as to form two hinges.”); and the second gate is pivotally mounted to the second end portion of the first side rail assembly and extends to and is latched to (at 76) the second side rail assembly (Revuelta translation: “ According to one embodiment, each gate 72 includes at the level of a post two hinges 74, each having an axis oriented downwards, cooperating with two sleeves (or two tabs each with an opening) attached to a post of a railing 68 so as to form two hinges.”); and; wherein, in the three-sided configuration, the guard rail system forms a perimeter fence open on one side and: the first gate is pivotally mounted to the first side rail assembly and extends to and is latched to the first support post with the second gate is pivotally mounted to the first side rail assembly, and extends to and is latched to, the second support post (Revuelta translation: “ According to one embodiment, each gate 72 includes at the level of a post two hinges 74, each having an axis oriented downwards, cooperating with two sleeves (or two tabs each with an opening) attached to a post of a railing 68 so as to form two hinges.”); and the second side rail assembly is detached from all of the first side rail assembly, the first gate, and the second gate (in that the scaffold is modular).
Regarding claim 32, Revuelta further discloses the first side rail assembly including a first hinge portion in the first end portion and another first hinge portion in the second end portion; wherein the first gate includes a second hinge portion configured to mate with the first hinge portion in the first end portion to pivotally mount the first gate to the first side rail; wherein the second gate includes a second hinge portion configured to mate with the first hinge portion in the second end portion to pivotally mount the second gate to the first side rail (Revuelta translation: “ According to one embodiment, each gate 72 includes at the level of a post two hinges 74, each having an axis oriented downwards, cooperating with two sleeves (or two tabs each with an opening) attached to a post of a railing 68 so as to form two hinges.”).
Regarding claim 33, Revuelta further discloses the first hinge portions being hinge pins; wherein the second hinge portions being sleeves (Revuelta translation: “ According to one embodiment, each gate 72 includes at the level of a post two hinges 74, each having an axis oriented downwards, cooperating with two sleeves (or two tabs each with an opening) attached to a post of a railing 68 so as to form two hinges.”).
Regarding claims 34 and 35, Revuelta further discloses the first and second side rail assemblies being formed of multiple sections (68) releasably joined together (Revuelta, Figure 9).
Regarding claim 36, Revuelta further discloses the first and second side rail assemblies including respective top rails, center rails, and bottom rails (Revuelta, Figure 9).
Regarding claim 37, Revuelta further discloses the second side rail, the first support post, and the second support post each including respective latch posts (Revuelta translation: “ According to one embodiment, each gate 72 includes at the level of a post two hinges 74, each having an axis oriented downwards, cooperating with two sleeves (or two tabs each with an opening) attached to a post of a railing 68 so as to form two hinges.”).
Regarding claim 39, Revuelta further discloses the first side rail assembly being formed of multiple sections (68) releasably joined together; wherein the second side rail assembly is formed of multiple sections (68) releasably joined together; wherein the first gate is formed as a single unit; and wherein the second gate is formed as a single unit (Revuelta, Figure 9).
Regarding claim 40, Revuelta further discloses the first and second side rail assemblies including respective top rails, center rails, and bottom rails (Revuelta, Figure 9).
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) 28 and 38 is/are rejected under 35 U.S.C. 103 as being unpatentable over Revuelta FR 2941729 in view of Ruemmer DE 102010009247.
Regarding claims 28 and 38, Revuelta discloses the guard rail system of claims 27 and 37, respectively. Revuelta fails to disclose the latch posts each including a locking member rotatable about a pivot pin. Ruemmer teaches a guard rail system having latch posts (21p) including a locking member (32) rotatable about a pivot pin (321). It would have been obvious to one of ordinary skill in the art before the filing date of the invention with a reasonable expectation of success to modify each latch post of Revuelta with a locking member rotatable about a pivot pin as taught by Ruemmer as to provide a way to secure the guard rails to the posts.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: US 2023/0235580; KR 2006033757.
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/KRISTEN C HAYES/Primary Examiner, Art Unit 3642