1Notice 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) 1-20 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by METALTECH Exterior Scaffolding WMB 8 Jun 2017 (hereinafter METALTECH).
Regarding claims 1, 4 and 5, METALTECH discloses a stack of scaffold ladder frames (bottom of page 5, “SAFERSTACK”), comprising: a first ladder frame and a second ladder frame (various configurations shown pages 1-4) stacked adjacent to the first ladder frame; wherein each ladder frame comprises: first and second vertical supports (pages 1, 3, 4); upper and lower horizontal supports; the upper horizontal support having a central section having a circular cross section and coped and narrowed end sections, with the end sections mounted to corresponding vertical supports (Frames are shown having upper and lower horizontal supports having coped and narrowed end sections mounted to corresponding vertical supports. Narrowed end sections are visible in images on pages 1-5); a center support mounted to the upper and lower horizontal supports between the vertical supports (Standard depicted frames include a center support mounted to upper and lower horizontal supports and between the vertical supports); wherein an end portion of the center support proximate the upper horizontal support is coped and narrowed (Frame shown on page 2 shows internal frame supports having coped and narrowed end portions including at the end portion of the internal support proximate the upper horizontal support); at least one rung mounted to the first vertical support and the center support in spaced relation to upper horizontal support (Standard frame shown of page 3); wherein an end portion of the rung proximate the first vertical support is coped and narrowed (Frame shown on page 2 shows enlarged view of the internal and external frame supports with rungs having coped and narrowed end portions); wherein the narrowed end section of the upper horizontal support forms a first recess (Page 2 plan view of multi-colored frames); wherein the narrowed end portion of the rung forms a second recess (Enlarged view on page 2 shows rungs having coped and narrowed end portions forming a recess); wherein the narrowed end portion of the center support forms a third recess (Sample frame shown on page 2); wherein the second ladder frame is oriented like the first ladder frame (“SAFERSTACK” pictures at bottom of page 5), and wherein the second ladder frame is staggered in two mutually orthogonal directions relative to the first ladder frame such that: the first vertical support of the second ladder frame is partially disposed in the first and second recesses of the first ladder frame (Shown bottom of page 5); the upper horizontal support of the second ladder frame is partially disposed in the third recess of the first ladder frame (Shown in a stack at bottom of page 5); a combined stack height of the first and second ladder frames is less than twice a diameter of the vertical supports (As shown in the cross-sectional view of a stack of "SAFERSTACK" frames at the bottom right of page 5, the combined stack height of two frames is less than twice the diameter of the vertical supports).
Regarding claim 2, METALTECH further discloses the horizontal supports and the vertical supports are made from tubing that is larger in cross-section than the rung and the center support; and wherein the first recess is deeper than the second and third recesses (As shown and described on page 3, the interior tubes of the ladder frames, including rungs and center supports, have a smaller diameter of 1 in than the perimeter tubes of 1.69 in, including horizontal and vertical supports. To allow for stacking as shown on page 5, the ends of the horizontal supports, center support, and at least one rung are inherently narrowed to a same width. Since the horizontal tubes have a larger cross-section, for all tubes to be narrowed to the same width, the first recess is deeper than the second and third recesses).
Regarding claim 3, METALTECH further discloses a third ladder frame; wherein the first, second, and third ladder frames are substantially identical; the third ladder frame stacked adjacent the second ladder frame (The stacks of ladder frames shown on page 5 show three or more ladder frames that are substantially identical to each other and stacked adjacent to each other); wherein the third ladder frame is oriented like the first ladder frame (Shown page 5), and wherein the third ladder frame is staggered in two mutually orthogonal directions relative to the second ladder frame such that: the first vertical support of the second ladder frame is partially disposed in the first and second recesses of the third ladder frame; the upper horizontal support of the second ladder frame is partially disposed in the third recess of the third ladder frame; a combined stack height of the first, second, and third ladder frames is less than three times a diameter of the vertical supports (Shown bottom page 5).
Regarding claims 6 , 7, 9, 11-13, 15, 17, 18 and 20, METALTECH discloses a scaffold ladder frame (Pages 1-5), comprising: first and second vertical supports (Pages 1, 3, and 4); upper and lower horizontal supports formed of tubular material (Cross section shown pages 3 and 5); the horizontal supports having a central section with a circular cross section and narrowed end sections, with the end sections mounted to corresponding vertical supports (The frames are shown as having upper and lower horizontal supports having narrowed end sections mounted to corresponding vertical supports. The narrowed end sections are visible in the images on pages 1, 2, 3, and 4 which shows narrowed end sections in a stack of frames); wherein the horizontal supports are formed of a first size tubular material wherein the end sections of the horizontal supports include a generally flat terminal sections having a first width (Enlarged view on page 2); a center support mounted to the upper and lower horizontal supports between the vertical supports wherein the center support is formed of a second size tubular material, the second size smaller than the first size which is larger than the first width (The depicted frames on page 3 include a center support mounted to upper and lower horizontal supports and between the vertical supports. Additionally, the general specifications shows and describes that all interior tubes, including the center support, are formed of 1 in. tubular material, which is smaller than the 1.69 in. tubular material of the perimeter tubes); wherein an end portion of the center support proximate the upper horizontal support is coped and narrowed to have a second width matching the first width (Page 3 shows a center support mounted to upper and lower horizontal supports and between the vertical supports. Additionally, the sample frame shown on page 2 shows that all internal frame supports have coped and narrowed end portions, including at the end portion of the internal support proximate the upper horizontal support. When the frames are stacked as illustrated at the bottom of page 5, the upper horizontal support of one frame is partially disposed in the third recess of the adjacent ladder frame in the stack. To enable the efficient stacking of the frames as shown while maximizing the second width the second width is set to match the first width); at least two rungs mounted to the first vertical support and the center support in spaced relation to upper horizontal support; wherein the rungs are formed of second size tubular material, wherein an end portion of the rungs proximate the first vertical support is narrowed to have a second width matching the first width (The depicted standard frame on page 3 includes two or more rungs mounted to the first vertical support and the center support. Additionally, the frame shown has interior tubes, including ladder rungs formed of 1 in. diameter tubular material. Further, the enlarged image of the sample frame shown on page 2 shows coped and narrowed end portions of all rungs, including at the end portions proximate the vertical support. Finaly, to enable the efficient stacking of the frames as shown on p. 5 while maximizing the second width the second width is set to match the first width); and a plurality of cross braces, each configured to be releasably connected to both the first and second ladder frames to form a self-supporting scaffold (Assembled scaffolds of pages 1, 3, and 5 include X shaped cross braces).
Regarding claim 8, METALTECH further discloses the first width is approximately half a diameter of the one of the vertical supports (At the bottom of page 5, the reference depicts 5 "SAFERSTACK" frames having a stack height equivalent to that of 4 regular frames. As shown, 4 regular frames have a stack height of 4*D, where D is the vertical support diameter. In contrast 5 Saferstack frames have a stack height of 3*D+2*W, where W is the width of the narrowed end. Hence, solving 4*D=3*D+2*W, we obtain W=D/2. Hence, the width of the narrowed end is approximately half a diameter of the vertical support.)
Regarding claims 10 and 19, METALTECH further discloses the end sections of upper horizontal support are asymmetrically narrowed and have vertically elongated cross-sections compared to the central section; wherein the central section of the upper horizontal support has a top centerline and a bottom centerline (As shown in the enlarged image of the sample frame on page 2, the upper horizontal supports have narrowed end sections that are asymmetrically elongated as a result of being compressed); wherein a top of the end section of the upper horizontal support aligns with the top centerline of the central section; and wherein a bottom of the end section of the upper horizontal support is disposed below the bottom centerline of the central section (As shown in the enlarged image of the sample frame on page 2, the top of the end section of the horizontal support aligns with the top centerline of the central section of the horizontal support. In the enlarged image of the sample frame on page 2, the bottom of the end section of the horizontal support extends below the bottom centerline of the central section).
Regarding claim 14, METALTECH further discloses the second size being about 60% of the first size (The general specifications at the bottom left of page 3 detail perimeter tubes of D=1.69 in (13 gauge) outside diameter and interior tubes of d=1 in (16 gauge) outside diameter. di = 1/1.69* = 60%*D).
Regarding claim 16, METALTECH further discloses a walkboard (Assembled scaffolds shown on pages 3 and 4 include walkboards).
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) 1, 3, 11-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tasse US 2009/0236181 in view of METALTECH Exterior Scaffolding WMB 8 Jun 2017 (hereinafter METALTECH).
Regarding claim 1, Tasse discloses a stack of scaffold ladder frames (Tasse, Figures 1-4), comprising: a first ladder frame and a second ladder frame stacked adjacent to the first ladder frame (Tasse, Figure 4); wherein each ladder frame comprises: first and second vertical supports (14A, 14B, 16A, 16B); upper and lower horizontal supports (18, 20); the upper horizontal support having a central section (34) and narrowed end sections (33, 35), with the end sections mounted to corresponding vertical supports (Tasse, ¶0036); a center support (26A, 26B) mounted to the upper and lower horizontal supports between the vertical supports (Tasse, ¶0033); at least one rung (28A, 28B) mounted to the first vertical support and the center support in spaced relation to upper horizontal support; wherein an end portion of the rung proximate the first vertical support is narrowed (at 40, 42); wherein the narrowed end section of the upper horizontal support forms a first recess (Tasse, ¶0036); wherein the narrowed end portion of the rung forms a second recess (Tasse, ¶0037); wherein the second ladder frame is oriented like the first ladder frame (Tasse, Figures 3 and 4), and wherein the second ladder frame is staggered in two mutually orthogonal directions relative to the first ladder frame (in that the second ladder frame is above and offset to the left or right relative to the first ladder frame) such that: the first vertical support of the second ladder frame is partially disposed in the first and second recesses of the first ladder frame (Tasse, ¶0038); and a combined stack height of the first and second ladder frames is less than twice a diameter of the vertical supports (Tasse, ¶0039, Figures 1-4).
Tasse fails to disclose an end portion of the center support proximate the upper horizontal support being narrowed, forming a third recess.
METALTECH teaches a stack of scaffold ladder frames (METALTECH, page 5) having a center support wherein an end portion of the center support proximate the upper horizontal support is narrowed and forms a recess (METALTECH, Figure depicted by standard frame on page 3 and page 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the stack of scaffold ladder frames of Tasse so that the center support had a narrowed end portion as taught by METALTECH and to partially dispose the upper horizontal support of the second ladder frame in the third recess of the first ladder frame as to increase the compactness and stackability of the ladder frames.
Regarding claim 3, Tasse in view of METALTECH further discloses a third ladder frame; wherein the first, second, and third ladder frames are substantially identical; the third ladder frame stacked adjacent the second ladder frame (Tasse, Figures 1-3); wherein the third ladder frame is oriented like (parallel to) the first ladder frame, and wherein the third ladder frame is staggered in two mutually orthogonal directions relative to the second ladder frame (third ladder frame is above and offset to the left or right relative to the second ladder frame) such that: the first vertical support of the second ladder frame is partially disposed in the first and second recesses of the third ladder frame (Tasse, ¶0038); the upper horizontal support of the second ladder frame being partially disposed in the third recess of the third ladder frame (to increase the compactness and stackability of the ladder frames as discussed above); a combined stack height of the first, second, and third ladder frames is less than three times a diameter of the vertical supports (Tasse, ¶0039).
Regarding claims 11-13, Tasse discloses a scaffold, comprising: first and second ladder frames (10A, 10B), each ladder frame comprising: first and second vertical supports (14A, 14B, 16A, 16B); upper and lower horizontal supports (18, 20) formed of tubular material; the upper horizontal support having a central section (34) and narrowed end sections (33, 35), with the end sections mounted to corresponding vertical supports; wherein the upper horizontal support is formed of a first size tubular material; wherein the end sections of the upper horizontal support include a generally flat terminal section (33, 35) having a first width; a center support (26A, 26B) mounted to the upper and lower horizontal supports between the vertical supports (Tasse, Figure 4); wherein the center support is formed of a second size tubular material (Tasse, Figure 4), the second size smaller than the first size; wherein the second size is larger than the first width; at least one rung (28A, 28B) mounted to the first vertical support and the center support in spaced relation to upper horizontal support; wherein the rung is formed of second size tubular material (Tasse, Figure 4); wherein an end portion of the rung proximate the first vertical support is narrowed (40, 42) to have a second width matching the first width; a plurality of cross braces (Tasse, ¶0004), each configured to be releasably connected to both the first and second ladder frames to form a self-supporting scaffold.
Tasse fails to disclose end portions of the center support proximate the upper horizontal support being coped or narrowed to have a second width matching the first width.
METALTECH teaches a ladder frames (METALTECH, page 5) having a center support wherein end portions of the center support proximate the upper horizontal support is coped and narrowed to have a second width matching the first width (METALTECH, Figure depicted by standard frame on page 3 and page 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the stack of scaffold ladder frames of Tasse so that the center support had narrowed and coped end portions as taught by METALTECH as to increase the compactness and stackability of the ladder frames.
Regarding claim 14, Tasse in view of METALTECH discloses the center support being narrower than the vertical supports (Tasse, Figure 4). Tasse in view of METALTECH fails to disclose the exact percentage. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention with a reasonable expectation of success through routine tests and expectation to arrive at the second size to be about 60% of the first size as to decrease the overall weight of the ladder.
Regarding claim 15, Tasse in view of METALTECH further discloses at least two rungs for each ladder frame (Tasse, Figure 4).
Regarding claim 16, Tasse in view of METALTECH further discloses a walkboard configured to be supported by the upper horizontal supports of the first and second ladder frames (Tasse, ¶0004).
Regarding claim 17, Tasse in view of METALTECH further discloses the second horizontal supports also have narrowed end sections (Tasse, Figure 4).
Regarding claims 18 and 19, Tasse in view of METALTECH further discloses the end sections of the second horizontal supports are asymmetrically flattened end section, with the central section of the top horizontal support has a top centerline and a bottom centerline; the narrowed end sections of the upper horizontal support are asymmetrically flattened end sections having a vertically elongated cross-section compared to the central section; a top of each end section aligns with the top centerline of the central section; and a bottom of each end section is disposed below the bottom centerline of the central section (in that the end section of the upper horizontal support 20B is asymmetrically narrowed such that the top of the narrowed end section 30, 33 aligns with the top of the central section of the upper horizontal support 20B and the bottom of the narrowed end section extends below the bottom of the central section of the upper horizontal support).
Regarding claim 20, Tasse in view of METALTECH further discloses for each ladder frame the central section of the upper horizontal support has a circular cross-section (Tasse, ¶0032).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: GB 2210129.
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/KRISTEN C HAYES/Primary Examiner, Art Unit 3642