DETAILED ACTION
Final Rejection
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 .
Response to Amendment
The amendment filed 10 December 2025 has been entered. Claims 1-20 remain pending in the application.
Claim Rejections - 35 USC § 103
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
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.
Claims 1-7, 9-15, and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Wescott (U.S. Patent 6,123,090) in view of Buonerba (U.S. Patent 8,132,686).
Regarding claim 1, Wescott discloses a water collector and drain (FIG. 3) for a scaffolding 20 (“a supporting framework” Merriam-Webster), comprising:
the scaffolding having at least one horizontal beam 30 and at least one vertical beam 23;
a basin 50 (Col. 4 ln 8-10) coupled to the at least one horizontal beam, the fabric basin having an open end 52 and a concaved end (at 56);
a drain exit 53 fluidly connected to the fabric basin at the concaved end; and
a connection arrangement 60/65 for attaching the fabric basin to the at least one horizontal beam such that the open end at least partially extends past (FIG. 5) the horizontal beam of the scaffolding (FIG. 3-7, 9; Col. 5 ln 1-Col. 6 ln 62).
Wescott is silent regarding the basin being fabric.
However, Buonerba teaches a scaffold 16 having at least one horizontal beam 21 and at least one vertical beam 17;
a fabric basin 26 coupled to the at least one horizontal beam by way of a clamp 74 (FIG. 5; Col. 2 ln 51-Col. 3 ln 36, Col. 3 ln 55-58).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing, to modify Wescott by making the basin fabric and connecting it to the horizontal beam with a clamp, as taught by Buonerba, for the purpose of providing a basin with more flexibility, lower cost, and ease of storage while providing a suitable equivalent basin to the one disclosed.
Regarding claim 2, Wescott, as modified above, discloses the claimed invention substantially as claimed, as set forth above from claim 1.
Westcott further discloses a filter 72 fluidly connected between the concaved end of the fabric basin and the drain exit (FIG. 6; Col. 7 ln 22-25).
Regarding claim 3, Wescott, as modified above, discloses the claimed invention substantially as claimed, as set forth above from claim 2.
Westcott further discloses the filter is replaceable (Col. 3 ln 14-16).
Regarding claim 4, Wescott, as modified above, discloses the claimed invention substantially as claimed, as set forth above from claim 1.
Westcott further discloses a drain hose 90 fluidly connected to the drain exit (FIG. 3-6; Col. 6 ln 30-42).
Regarding claim 5, Wescott, as modified above, discloses the claimed invention substantially as claimed, as set forth above from claim 4.
Westcott further discloses the drain hose is coupled to the vertical beam of the scaffolding (FIG. 3, 4).
Regarding claim 6, Wescott, as modified above, discloses the claimed invention substantially as claimed, as set forth above from claim 1.
Westcott/Buonerba further discloses the fabric basin further comprises:
a beam clamp (Buonerba 74) for adjustably fixing to the at least one horizontal beam;
at least one cable 60 (“a strong rope” Merriam-Webster) adjustably coupled to the beam clamp and adjustably coupled to the fabric basin at two ends; and at least one beam coupled to the fabric basin with the at least one cable (FIG. 5, 9; Col. 6 ln 5-34).
Regarding claim 7, Wescott, as modified above, discloses the claimed invention substantially as claimed, as set forth above from claim 6.
Westcott further discloses the at least one cable and at least one beam are adjustably coupled to rigidly support the fabric basin such that the open end is greater in square area than the concaved end (FIG. 6; Col. 6 ln 5-34).
Regarding claim 9, Wescott discloses a rain water trap 50 and drain 90, comprising:
a basin 50 (Col. 4 ln 8-10) having a collection end 52 and a funnel end (at 56);
a drain pipe 90 fluidly connected to the fabric basin at the funnel end; and
a connection arrangement 60/65 for attaching the fabric basin to a scaffolding framework 20 such that the collection end at least partially extends past (FIG. 5) at least one horizontal beam of the scaffolding (FIG. 3-7, 9; Col. 5 ln 1-Col. 6 ln 62).
Wescott is silent regarding the basin being fabric.
However, Buonerba teaches a scaffold 16 having at least one horizontal beam 21 and at least one vertical beam 17;
a fabric basin 26 coupled to the at least one horizontal beam by way of a clamp 74 (FIG. 5; Col. 2 ln 51-Col. 3 ln 36, Col. 3 ln 55-58).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing, to modify Wescott by making the basin fabric and connecting it to the horizontal beam with a clamp, as taught by Buonerba, for the purpose of providing a basin with more flexibility, lower cost, and ease of storage while providing a suitable equivalent basin to the one disclosed.
Regarding claim 10, Wescott, as modified above, discloses the claimed invention substantially as claimed, as set forth above from claim 9.
Westcott further discloses a filter 72 fluidly connected between the funnel end of the fabric basin and the drain pipe (FIG. 6; Col. 7 ln 22-25).
Regarding claim 11, Wescott, as modified above, discloses the claimed invention substantially as claimed, as set forth above from claim 10.
Westcott further discloses the filter is replaceable (Col. 3 ln 14-16).
Regarding claim 12, Wescott, as modified above, discloses the claimed invention substantially as claimed, as set forth above from claim 9.
Westcott further discloses a drain hose 90 fluidly connected to the funnel end (FIG. 3-6; Col. 6 ln 30-42).
Regarding claim 13, Wescott, as modified above, discloses the claimed invention substantially as claimed, as set forth above from claim 12.
Westcott further discloses the drain hose is coupled to a beam 23 of the scaffolding (FIG. 3-4).
Regarding claim 14, Wescott, as modified above, discloses the claimed invention substantially as claimed, as set forth above from claim 9.
Westcott/Buonerba further discloses the fabric basin further comprises:
a beam clamp (Buonerba 74) for adjustably fixing to the at least one horizontal beam;
at least one cable 60 (“a strong rope” Merriam-Webster) adjustably coupled to the beam clamp and adjustably coupled to the fabric basin at two ends; and at least one beam coupled to the fabric basin with the at least one cable (FIG. 5, 9; Col. 6 ln 5-34).
Regarding claim 15, Wescott, as modified above, discloses the claimed invention substantially as claimed, as set forth above from claim 14.
Westcott further discloses the at least one cable and at least one beam are adjustably coupled to rigidly support the fabric basin such that the collection end is greater in square area than the funnel end (FIG. 6; Col. 6 ln 5-34).
Regarding claim 17, Wescott discloses a water collection and drainage attachment (FIG. 3) for a scaffold 20 (“a supporting framework” Merriam-Webster), comprising:
the scaffold having at least one horizontal beam 30 and at least one vertical beam 23;
a basin 50 (Col. 4 ln 8-10) coupled to the at least one horizontal beam, the fabric basin having an open end 52 and a concaved end (at 56);
a drain exit 53 fluidly connected to the fabric basin at the concaved end; and
a connection arrangement 60/65 for attaching the fabric basin to the at least one horizontal beam such that the open end at least partially extends past (FIG. 5) the horizontal beam of the scaffold (FIG. 3-7, 9; Col. 5 ln 1-Col. 6 ln 62).
Wescott is silent regarding the basin being fabric.
However, Buonerba teaches a scaffold 16 having at least one horizontal beam 21 and at least one vertical beam 17;
a fabric basin 26 coupled to the at least one horizontal beam by way of a clamp 74 (FIG. 5; Col. 2 ln 51-Col. 3 ln 36, Col. 3 ln 55-58).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing, to modify Wescott by making the basin fabric and connecting it to the horizontal beam with a clamp, as taught by Buonerba, for the purpose of providing a basin with more flexibility, lower cost, and ease of storage while providing a suitable equivalent basin to the one disclosed.
Regarding claim 18, Wescott, as modified above, discloses the claimed invention substantially as claimed, as set forth above from claim 17.
Westcott/Buonerba further discloses the fabric basin further comprises:
a beam clamp (Buonerba 74) for adjustably fixing to the at least one horizontal beam;
at least one cable 60 (“a strong rope” Merriam-Webster) adjustably coupled to the beam clamp and adjustably coupled to the fabric basin at two ends; and at least one beam coupled to the fabric basin with the at least one cable (FIG. 5, 9; Col. 6 ln 5-34).
Regarding claim 19, Wescott, as modified above, discloses the claimed invention substantially as claimed, as set forth above from claim 18.
Westcott further discloses the at least one cable and at least one beam are adjustably coupled to rigidly support the fabric basin such that the open end is greater in square area than the concaved end (FIG. 6; Col. 6 ln 5-34).
Regarding claim 20, Wescott, as modified above, discloses the claimed invention substantially as claimed, as set forth above from claim 19.
Westcott further discloses the fabric basin further comprises a ridged structure 71 at the edges of the fabric basin configured to maintain the open ends shape (FIG. 6; Col. 6 ln 54-62).
Claims 8 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Wescott in view of Buonerba in further view of Belilty (U.S. Patent 11,220,807).
Regarding claim 8, Wescott, as modified above, discloses the claimed invention substantially as claimed, as set forth above from claim 1.
Wescott is silent regarding a storage tank fluidly connected to the fabric basin.
However, Belilty teaches a storage tank 30 fluidly connected to the fabric basin 10 (FIG. 1A-1B; Col. 3 ln 12-16).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing, to modify Wescott by adding a storage tank at the end of the drain tube connected to the fabric basin, as taught by Belilty, for the purpose of collecting the rain water for use or removal at a different area.
Regarding claim 16, Wescott, as modified above, discloses the claimed invention substantially as claimed, as set forth above from claim 9.
Wescott is silent regarding a storage tank fluidly connected to the fabric basin.
However, Belilty teaches a storage tank 30 fluidly connected to the fabric basin 10 (FIG. 1A-1B; Col. 3 ln 12-16).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing, to modify Wescott by adding a storage tank at the end of the drain tube connected to the fabric basin, as taught by Belilty, for the purpose of collecting the rain water for use or removal at a different area.
Response to Arguments
Applicant's arguments filed 10 December 2025 have been fully considered but they are not persuasive.
Applicant first argues that none of the references refer to a scaffolding. Applicant states that Wescott is directed toward an apparatus for transporting water. However, as stated above, a scaffold is “a supporting framework” as defined by Merriam-Webster. Wescott discloses a “frame” 20. Examiner is not persuaded by applicant’s argument. Wescott very clearly discloses a water collector in container/catch basin 50 that is for a scaffolding in the form of frame 20. Applicant’s argument is not persuasive.
Next applicant argues that none of the cited references disclose a fabric basin that extends past a horizontal bar to collect rainwater. As stated in the rejection above at page 3, Wescott discloses a catch basin 50 that overhangs at least partially past the horizontal beam of the scaffolding as shown in Figure 5. Examiner agrees that Wescott does not discloses the basin being fabric. However, Buonerba teaches a fabric basin 26 for holding water. It would be obvious to one of ordinary skill to change the material that the catch basin is made of for the purpose of providing a basin with more flexibility, lower cost, and ease of storage while providing a suitable equivalent basin to the one disclosed. Applicant has not stated any reason as to why a modification to the material of the catch basin of Wescott would not be obvious to one of ordinary skill in the art. Applicant’s arguments are therefore not persuasive.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER D BALLMAN whose telephone number is (571)272-9984. The examiner can normally be reached Mon-Fri 6:00-3:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Craig M Schneider can be reached at 571-272-3607. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER D BALLMAN/Examiner, Art Unit 3753
/CRAIG M SCHNEIDER/Supervisory Patent Examiner, Art Unit 3753