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 .
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 coupling between the fixing members (104) and the plurality of tower extensions (102) must be shown or the feature(s) canceled from the claim(s) (claims 1, 14, 20).
[Wingdings font/0xE0]Note that currently the connection between fixing members 104 and tower extensions 102 are neither shown now described in detail.
No new matter should be entered.
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 Rejections - 35 USC § 103
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 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) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over St. Germain (US 5,159,993) in view of Slezak (GB 2510881).
With respect to claims 1-13
St. Germain discloses: 1. A scaffolding system (figure 1) comprising:
a plurality of tower extensions (2, 2, figure 1);
one or more fixing members (6, 6, figure 1) coupled to the plurality of tower extensions (figure 1);
a first platform (10) and a second platform (12) adjustably connected to the plurality of tower extensions (figure 1), wherein:
the first platform (10) is positioned below the second platform (12) and separation distance between the first platform and the second platform is fixed by the one or more fixing members (6, 6, figure 1),
one or more dimensions of the first platform (10) and one or more dimensions of the second platform (12) are adjustable (width of flooring 14 can be adjusted by adding more or less channel members 84 as seen in figure 3, to allow for open spaces/pass throughs; additionally, each platform 10 and 12 includes an extension platform 138 as seen in figure 10), and
a position of the first and second platforms along the plurality of tower extensions is manually adjustable (figure 6; note that a user must first climb the tower and attach hook 110 to a higher elevation before the chains can lift the unit as a whole, and that the speed reducer can be operated by a hand-held rotary tool; col. 4, line 64- col. 5, line 9).
St. Germain does not disclose an extendable wall connected to an outer edge of the first platform and an outer edge of the second platform that is directly above the outer edge of the first platform, wherein a length of the wall that is parallel to the outer edges of the first and second platforms is adjustable.
However, Slezak teaches:
an extendable wall (7a, 7b, figure 1) connected to an outer edge of the first platform (lower platform 9) and an outer edge of the second platform (upper platform 9) that is directly above the outer edge of the first platform (figure 1), wherein a length of the wall that is parallel to the outer edges of the first and second platforms is adjustable (sections 7b slide in and out with respect to 7a).
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 the scaffolding system of St. Germain with an extendable wall connected to an outer edge of the first platform and an outer edge of the second platform, wherein the length of the wall that is parallel to the outer edges of the first and second platforms is adjustable, as taught by Slezak to provide additional safety to those working on the platform, as well as those working below, preventing fall of workers and/or debris, during construction and/or maintenance, that is easily adjustable to the length of the platform while also collapsible to a more compact storage size.
St. Germain further discloses:
2. The scaffolding system of claim 1, wherein the plurality of tower extensions (2, 2) comprises a first tower extension (left-hand tower 2) and a second tower extension (right-hand tower 2), wherein:
a first side edge (left side edge) of the first platform and a first side edge (left side edge) of the second platform are adjustably connected to the first tower extension (figure 1); and
a second side edge (right side edge) of the first platform and a second side edge (right side edge) of the second platform are adjustably connected to the second tower extension (figure 1).
3. The scaffolding system of claim 1, wherein each tower extension comprises a plurality of holes (rectangular openings formed by 32, 34; figure 17) that are equally spaced along the height of the tower extension (figure 17) and configured to receive fasteners (110, 124) to anchor the first platform (via fixing members 6) and the second platform (via fixing members 6) to the tower extension when the position of the first and second platforms along the plurality of tower extensions is not being adjusted (figures 6-7).
With respect to claims 4 & 5 and the claimed lateral distance between the first tower extension and the second tower extension, and a height of each tower extension of the plurality of tower extensions, examiner notes that such limitations are a matter of obvious design choice. As explained in MPEP 2144.04, IV. A. Changes in Size/Proportion, “the Federal Circuit held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device”, and "mere scaling up of a prior art process capable of being scaled up, if such were the case, would not establish patentability in a claim to an old process so scaled." Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date to space and dimension the plurality of tower exertions of St. Germain, as needed to provide a stable and safely assembled scaffolding system for the job at hand.
6. The scaffolding system of claim 1, wherein each tower extension (2) of the plurality of tower extensions (figure 1) comprises two parallel bars (32, figure 17) coupled to each other by a plurality of rungs (34, figure 17), wherein each rung (34) of the plurality of rungs forms a 90° angle with the two parallel bars (figure 17).
Re: claim 7. the plurality of rungs (34, figure 17) are equally spaced along the two parallel bars (figure 17). While St. Germain does not disclose the exact spacing between rungs examiner again refers to MPEP 2144.04, IV. A. Changes in Size/Proportion and the obviousness of adjusting the dimensions. It should also be noted that there would be a limited amount of useful spacings between rungs, as too small a spacing would not allow a user’s foot to step there between, and too large a spacing would be difficult for a user to reach and step from one rung to the next.
8. The scaffolding system of claim 1, wherein a deck portion (flooring 14) of the first platform (10) and a deck portion (flooring 14) of the second platform (12) are configured to be removable (figure 14).
9. The scaffolding system of claim 1, wherein a side edge of the first platform and a side edge of the second platform are configured to receive timber (intended use/capable of) in order to increase a length of the first platform in a first dimension of the one or more dimensions of the first platform or to increase a length of a first dimension of the one or more dimensions of the second platform (intended use/capable of).
10. The scaffolding system of claim 1, comprising a plurality of arms (44, 46, 54, 56, 58) connected to the plurality of tower extensions (figure 5), and wherein each arm of the plurality of arms is configured to connect to a structure (building B, figure 5), wherein an inclination of each arm of the plurality of arms with respect to the structure is configured to be adjustable (sections 54 being cables, which can be angularly adjustable).
11. The scaffolding system of claim 1, wherein the first and second platforms are coupled to one or more ropes (chains), wherein the positions of the first and second platforms along the plurality of tower extensions are configured to be manually adjusted using a winch configured to control the one or more ropes (figure 6; note that a user must first climb the tower and attach hook 110 to a higher elevation before the chains can lift the unit as a whole, and that the speed reducer can be operated by a hand-held rotary tool; col. 4, line 64- col. 5, line 9).
With respect to the extendable wall of Slezak
12. The scaffolding system of claim 1, wherein the extendable wall comprises a plurality of sliding panels (7a, 7b) configured to at least partially overlap (7b slides in and out with respect to 7a; figure 1).
13. The scaffolding system of claim 1, comprising one or more side walls 9ununumbered side wall perpendicular to section 7b in figure 1) connected to a side edge of the first platform or a side edge of the second platform (figure 1).
With respect to method claims 14-19
St. Germain discloses: 14. A method for adjusting a scaffolding system (figure 10, the method comprising:
adjustably connecting a first platform (10) and a second platform (10) to a plurality of tower extensions (2, 2, figure 1, connection via 6) such that the first platform (10) is positioned below the second platform (12, figure 1);
connecting a plurality fixing members (6) to the first platform (@76), the second platform (@76), and the plurality of tower extensions (figure 1) to fix a separation distance between the first platform and the second platform (figure1);
manually adjusting a position of a first platform and a position of a second platform along a plurality of tower extensions (climbing by user and hooking of 110, and operation of hand-held rotary tool on 121); and
adjusting one or more dimensions of the first platform and one or more dimensions of the second platform (addition of or removal of planks 84 as seen in figure 14, or extending auxiliary platform 138 outward, as seen in figure 10).
St. Germain does not disclose connecting an extendable wall connected to an outer edge of the first platform and an outer edge of the second platform that is directly above the outer edge of the first platform, and adjusting a length of the wall that is parallel to the outer edges of the first and second platforms.
However, Slezak teaches:
connecting an extendable wall (7a, 7b, figure 1) connected to an outer edge of the first platform (lower platform 9) and an outer edge of the second platform (upper platform 9) that is directly above the outer edge of the first platform (figure 1), and adjusting a length of the wall that is parallel to the outer edges of the first and second platforms based on adjustments of one or more dimensions of the first platform and the second platform (sections 7b slide in and out with respect to 7a so as to adjust to length of platforms 9).
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 the scaffolding system of St. Germain with an extendable wall connected to an outer edge of the first platform and an outer edge of the second platform, wherein the length of the wall that is parallel to the outer edges of the first and second platforms is adjustable and adjusting the length of the wall based on a dimension of the first and second platform, as taught by Slezak to provide additional safety to those working on the platform, as well as those working below, preventing fall of workers and/or debris, during construction and/or maintenance, that is easily adjustable to the length of the platform while also collapsible to a more compact storage size.
15. The method of claim 14, comprising connecting a first side wall to a side edge of the first platform and a second side wall to a side edge of the second platform (figure 1).
16. The method of claim 14, the separation distance between the first platform and the second platform is greater than or equal to 5 feet and less than or equal to 10 feet (see explanation of obviousness of dimensions in above rejections).
17. The method of claim 14, wherein manually adjusting the position of the first platform (10) and the second platform (12) along the plurality of tower extensions (figure 1) comprises winding or unwinding, using a winch (121), a plurality of ropes (106) coupled to the first and second platforms (col. 4, line 53- col. 5, line 9).
18. The method of claim 14, wherein adjusting a first dimension of the one or more dimensions of the first platform or a first dimension of the one or more dimensions of the second platform comprises attaching timber to a side edge of the first platform or a side edge of the second platform in order to increase a length of the first platform in the first dimension or to increase a length of the second platform in the first dimension (addition of or removal of planks 84 as seen in figure 14, while 84 is not disclosed as “timber”, examiner refers to MPEP 2144.07 wherein it is explained Reading a list and selecting a known compound to meet known requirements is no more ingenious than selecting the last piece to put in the last opening in a jig-saw puzzle. In the instant case, one of ordinary skill in the art would find it obvious to use flooring of whatever material best suits their needs and is readily available).
19. The method of claim 14, comprising: connecting a first end of an arm (4, figure 2) configured to couple to a structure (B, figure 5) to the plurality of tower extensions (figure 5); adjusting an inclination of the arm of the plurality of arms relative to the structure (positioning of cables 54); and connecting a second end of the arm (58) to the structure (figure 5).
With respect to claim 20
St. Germain discloses: 20. A scaffolding system (figure 1) comprising:
a plurality of tower extensions (2, 2, figure 1);
one or more fixing members (6, 6, figure 1) coupled to the plurality of tower extensions (figure 1);
a first platform (10) and a second platform (12) adjustably connected to the plurality of tower extensions (figure 1), wherein:
the first platform (10) is positioned below the second platform (12) and separation distance between the first platform and the second platform is fixed by the one or more fixing members (6, 6, figure 1),
one or more dimensions of the first platform (10) and one or more dimensions of the second platform (12) are adjustable (width of flooring 14 can be adjusted by adding more or less channel members 84 as seen in figure 3, to allow for open spaces/pass throughs; additionally, each platform 10 and 12 includes an extension platform 138 as seen in figure 10),
a plurality of ropes (chain 106) coupled to the first platform and the second platform (figure 1); and
a winch (121) configured to wind and unwind the plurality of ropes (figure 6), wherein the winch is configured to be operated by hand (“can be driven by a portable hand-held rotary tool”; col. 5, lines 4-5) wherein, when the winch is operated, the positions of the first platform and the second platform along the plurality of tower extensions are adjusted (col. 4, lines 53- col. 5, line 10).
St. Germain does not disclose an extendable wall connected to an outer edge of the first platform and an outer edge of the second platform that is directly above the outer edge of the first platform, wherein a length of the wall that is parallel to the outer edges of the first and second platforms is adjustable.
However, Slezak teaches:
an extendable wall (7a, 7b, figure 1) connected to an outer edge of the first platform (lower platform 9) and an outer edge of the second platform (upper platform 9) that is directly above the outer edge of the first platform (figure 1), wherein a length of the wall that is parallel to the outer edges of the first and second platforms is adjustable (sections 7b slide in and out with respect to 7a).
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 the scaffolding system of St. Germain with an extendable wall connected to an outer edge of the first platform and an outer edge of the second platform, wherein the length of the wall that is parallel to the outer edges of the first and second platforms is adjustable, as taught by Slezak to provide additional safety to those working on the platform, as well as those working below, preventing fall of workers and/or debris, during construction and/or maintenance, that is easily adjustable to the length of the platform while also collapsible to a more compact storage size.
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