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 .
DETAILED ACTION
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the support member carried by said frame for allowing releasable support of said frame by either one of said rack and the ground, as claimed in independent claims 1 and 10 must be shown or the feature(s) canceled from the claim(s). While the second option, the support member (112, 114) providing support of the frame by the ground, is shown in the figures, applicant has not provided a figure depicting the option where there are support members supporting the frame by the rack. This arrangement appears to be an alternative embodiment, that while made note of in specification [0066], is not shown in the figures.
No new matter should be entered.
Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections and Clarifications
Claim 1 is objected to because of the following informalities: the claim is directed to a scaffold “for a racking system” but positively recites connections between the scaffold and components of the racking system with at least the limitations “such that said frame is retained against said rack” and “wherein said frame is linked only to said at least one rack”. If the applicant intends to claim only the scaffold, limitations with respect to the racking system should be amended to not positively include the racking system (i.e. said frame is configured to be retained against said rack). If the applicant intends to claim the combination of the scaffold and the racking system, as in claim 10, this should be made clear from the start of the claim. For purposes of examination examiner has interpreted the claims to include the racking system in combination with the mobile scaffold.
Additionally with respect to Claim 1, and the limitation “said frame is linked only to said at least one rack and to no other rack”, and it is suggested applicant consider language such as “said frame is linked [or configured to be linked] to only one rack of the racking system” as the inclusion of “at least one rack” can lead to confusion as to how many racks the scaffold is connected to. Applicant has made clear in the disclosure the scaffold is for connecting to only rack, and so the claims have been interpreted as such.
Claim 2 is objected to because of the following informalities: it appears that “said second member” in line 1 should be “said support member”, as that is what the support member is referred to as in claim 1. Via the disclosure, specifically [0066], it is understood that the “support member” of claim 1 is the same as the “second member” of claim 2, as the disclosure refers to ground engaging support members 112, 114 as the “second support member”.
With respect to claims 8 and 16 it appears that “said rack support member” should be “rack guide member” as that is the term used in the respective independent claims 1 and 10.
With respect to claims 9 and 17, it appears applicant should remove the word “either” from line 2 as there are three options (the scaffold guide member, the rack guide member and the rack), and the word “either” suggests there are only two options.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 1-5 and 10-13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hilgendorf et al. (US 11,203872).
Hilgendorf et al. disclose:
1. A mobile scaffold for a racking system (20, figure 3, see below) of a type comprising at least one rack (30, figure 3), said scaffold comprising:
a frame (traveling step structure 22; figure 3) defining opposite first (upper) and second (lower) sides;
a platform (104) carried by said frame (figure 3), for supporting a person (“user”, Abstract) above ground (32);
a scaffold guide member (62; figure 9) carried by said frame (22, figure 8) on said first side (62 being carried by upper side frame member 60; figure 5) for allowing releasable engagement of said frame to a complementary rack guide member (24) on the rack (figure 3) such that said frame (22) is retained against said rack (figure 5), is guided along said rack and is movable along said rack (note directional arrow in figure 3); and
a support member (48, figure 3) carried by said frame for allowing releasable support of said frame by either one of said rack and the ground (figure 4);
wherein said frame (22) is linked only to said at least one rack (30) and to no other rack of said racking system (figure 1).
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2. A scaffold as defined in claim 1, wherein said second member (48) comprises a ground-engaging support member (figure 4) carried by said frame (22) for resting on the ground (figure 4).
3. A scaffold as defined in claim 2, wherein said ground-engaging member (48) comprises ground-engaging wheels (54) that are located on said second side (lower side) of said frame (wheels 54 being attached to lower side frame member 38 and 40).
4. A scaffold as defined in claim 2, wherein said scaffold guide member (62, figure 9) comprises guide wheels (72, figure 9) for engagement into a rail (24) forming said rack guide member carried by said rack (figure 8).
5. A scaffold as defined in claim 2, wherein said scaffold guide member (62) further allows the scaffold to be partly supported by said rack (figure 6), such that said scaffold guide member (62) and said ground-engaging support member (48) share a load of said scaffold (figure 6).
10. A racking system (figure 3, see below) comprising at least one rack (30) and a mobile scaffold (20), said scaffold comprising:
a frame (traveling step structure 22; figure 3) defining opposite first (upper) and second (lower) sides;
a platform (104) carried by said frame (figure 3), for supporting a person (“user”, Abstract) above ground (32);
a scaffold guide member (62, figure 9) carried by said frame (22, figure 8) on said first side (62 is carried by upper side frame member 60; figure 5);
a rack guide member (24, figure 3) carried by said rack (30, figure 3) which is complementary to said scaffold guide member (figure 8), with said scaffold guide member (62) releasably engaging said rack guide member (24) such that said scaffold is retained against said rack (figure 5) and is guided along said rack while allowing said scaffold to be movable along said rack (note directional arrow in figure 3); and
a support member (48. Figure 3) carried by said frame (22) for allowing releasable support of said frame by either one of said rack and the ground (figure 4);
wherein said frame is linked to a single rack of said racking system (figure 3).
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11. A racking system as defined in claim 10, wherein said support member (48) comprises a ground-engaging support member (figure 4) carried by said frame (22) for resting on the ground (figure 4).
12. A racking system as defined in claim 10, wherein said scaffold guide member (62, figure 9) comprises guide wheels (72, figure 9), and said rack guide member (24) comprises a rail (figure 3).
13. A racking system as defined in claim 11, wherein said scaffold guide member (62) further allows a load of said scaffold (20) to be partly supported by said rack (figure 6), such that said scaffold guide member (62) and said ground-engaging support member (48) share the load of said scaffold (figure 6).
Claim(s) 1, 8, 10 and 16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Traylor (US 1,444,759).
Traylor discloses:
1. A mobile scaffold (figure 2) for a racking system (10-12, figure 1) of a type comprising at least one rack (shelves of 10, not shown), said scaffold comprising:
a frame (ladder, figure 2) defining opposite first and second sides (front and rear sides of ladder, with the front of the ladder facing the shelves);
a platform (26, figure 3) carried by said frame, (figure 2) for supporting a person above ground (capable of, in the same manner as any of the rungs support a person);
a scaffold guide member (14, figure 1) carried by said frame (ladder) on said first side (figure 1) for allowing releasable engagement of said frame (ladder) to a complementary rack guide member (15) on the rack (10) such that said frame is retained against said rack (figure 1), is guided along said rack and is movable along said rack (figure 2, rollers 14 engaging bar 15 allow for the ladder to travel along 15; figure 2)
a support member (ground wheels 16) carried by said frame (figure 2) for allowing releasable support of said frame by either one of said rack and the ground (figure 2);
wherein said frame (ladder) is linked only to said at least one rack (10-12) and to no other rack of said racking system (end knobs of rail 15 prevent the rail movement to beyond the rack limits).
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8. A scaffold as defined in claim 1, wherein said frame (ladder) comprises a height adjustment member (17, 18, figure 3, see above) for adjusting the height of the platform (26) relative to said rack support member (15; as noted above “rack support member is supposed to be “rack guide member”) and to a ground-engaging support member (wheels 16).
10. A racking system (figure 2) comprising at least one rack (10-12, figure 1) and a mobile scaffold (ladder with platform), said scaffold comprising:
a frame (ladder) defining opposite first and second sides (front and rear sides of ladder, with the front side being the side that faces the rack);
a platform (26, figure 3) carried by said frame (figure 2), for supporting a person above ground (capable of, in the same manner as any of the rungs support a person);
a scaffold guide member (14) carried by said frame on said first side (figure 1);
a rack guide member (15) carried by said rack (10) which is complementary to said scaffold guide member (figure 1), with said scaffold guide member (14) releasably engaging said rack guide member (15) such that said scaffold is retained against said rack (figure 1) and is guided along said rack while allowing said scaffold to be movable along said rack (figure 2, rollers 14 engaging bar 15 allow for the ladder to travel along 15; figure 2); and
a support member (ground wheels 16, figure 2) carried by said frame (ladder) for allowing releasable support of said frame by either one of said rack and the ground (figure 2);
wherein said frame is linked to a single rack of said racking system (end knobs of rail 15 prevent the rail movement to beyond the rack limits).
16. A racking system as defined in claim 10, wherein said frame (ladder) comprises a height adjustment member (17, 18, figure 3) for adjusting the height of the platform (26) relative to said rack support member (15) and a ground-engaging support member (16).
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) 6-7 and 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hilgendorf et al. as applied to claims 1-5 and 10-13 above, and further in view of Park Ki Young (KR 101277065).
Re: claim 6, Hilgendorf et al. disclose: said scaffold (20) is movable between an operative position (figure 5) in which said platform (104, figure 5) is generally horizontal (figure 5) for supporting the person above ground (figure 5) and in which said support member (48) rests on the ground (figure 3), and a stored position (figure 6) in which said frame (22) and said platform (104) are moved away from said operative position into a compact configuration (figure 6) that occupies less horizontal space than said operative position (figure 5 vs figure 6).
Hilgendorf et al, do not disclose that in the compact position the support member is raised above ground such that the load of said scaffold is entirely supported by the rack.
However, Park Ki Young teach: that in the compact position (figure 2 compact position; figure 1 operative position) the support member (11) is raised above ground (figure 2) such that the load of said scaffold (folding stairs) is entirely supported by the rack (1).
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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 scaffold of Hilgendorf et al. in a manner that lifts all ground engaging support members above the ground in the compact configuration, as taught by Park Ki Young, so as to provide clearance between the scaffold and the floor, so as not to interfere with cleaning and maintenance of the floor surface when the scaffold is not in use.
Re: claim 7, Hilgendorf et al. disclose: wherein said platform (104, figure 3) is pivotally mounted to said frame (figure 1 vs fig 3) and is pivotable between said operative (figure 3) and stored positions (figure 1).
Re: claim 14, Hilgendorf et al. disclose: said scaffold (20) is movable between an operative position (figure 5) in which said frame (22) and said platform (104) are deployed away from said rack(figure 3), in which said platform (104, figure 5) is generally horizontal (figure 5) for supporting the person above ground (figure 5) and in which said support member (48) rests on the ground (figure 3), and a stored position (figure 6) in which said frame (22) and said platform (104) are moved closer to said rack compared to said operative position (figure 5 vs figure 6) such that said scaffold occupies less horizontal (figure 5 vs figure 6).
Hilgendorf et al, do not disclose that in the compact position the support member is raised above ground such that the load of said scaffold is entirely supported by the rack.
However, Park Ki Young teach: that in the compact position (figure 2 compact position; figure 1 operative position) the support member (11) is raised above ground (figure 2) such that the load of said scaffold (folding stairs) is entirely supported by the rack (1).
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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 scaffold of Hilgendorf et al. in a manner that lifts all ground engaging support members above the ground in the compact configuration, as taught by Park Ki Young, so as to provide clearance between the scaffold and the floor, so as not to interfere with cleaning and maintenance of the floor surface when the scaffold is not in use.
15. Hilgendorf et al. disclose: wherein said platform (104, figure 3) is pivotally mounted to said frame (figure 1 vs fig 3) and is pivotable between said operative (figure 3) and stored positions (figure 1).
Claim(s) 9 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hilgendorf et al. as applied to claims 1-5 and 10-13 above, and further in view of Kerr (US pub 2014/0097039). Hilgendorf et al. does not disclose wherein said frame further carries a brake that is releasably engageable with either one of the scaffold guide member, the rack guide member and the rack, for releasably fixing a position of said scaffold relative to the rack.
However, Kerr teaches:
Claims 9 and 17: wherein said frame further carries a brake (100, figure 12) that is releasably engageable with either one of the scaffold guide member, the rack guide member (14, figure 12) and the rack, for releasably fixing a position of said scaffold relative to the rack.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide scaffold of Hilgendorf et al. with a brake, for releasably fixing a position of the scaffold relative to the rack, as taught by Kerr, so as to automatically hold scaffold in position when a user is positioned thereon, providing additional safety and security to not only the user ascending the scaffolding but for those working there below.
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Daniel Cahn can be reached at 571-270-5616. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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COLLEEN M. CHAVCHAVADZE
Primary Examiner
Art Unit 3634
/COLLEEN M CHAVCHAVADZE/ Primary Examiner, Art Unit 3634