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 .
Specification
The disclosure is objected to because of the following informalities:
[0025], line 4, “removable” should be replaced with “removably”.
Appropriate correction is required.
Claim Objections
Claim 5 is objected to because of the following informalities:
Lines 1-2, “connection element” should be replaced with “connector”, see para. [0022] versus para. [0028]. Similar replacements should be made in claims 6-9.
Appropriate correction is required.
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.
Claims 1, 10, 11, 17, and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Robathan (GB2192660).
1: A work platform system (!2, Fig. 1) for use on a sloped surface (10), wherein the sloped surface extends at an angle from a horizontal axis, the work platform system (10) comprising: a plurality of support elements, each of the support elements comprising: a first base member (16) for attaching to the sloped surface; a second base member (22) for attaching to the sloped surface; a vertical support member (14) attached to the first base member (16) such that the vertical support member extends in a direction that is substantially perpendicular to the horizontal axis; and a horizontal support member (13) attached to the second base member (24A, B) and configured to be removably attached (15, see wingnut) to the vertical support member, wherein the horizontal support member (13) is substantially parallel to the horizontal axis when the horizontal support member is attached to both the vertical support member and the second base member; and a work platform (20) being supported by the horizontal support members of the plurality of support elements such that the work platform is substantially parallel to the horizontal axis.
10: The work platform system according to claim 1, wherein the vertical support member (14) is pivotally attached (pg. 2, line 30) to the first base member (16), the horizontal support member (13) is pivotally attached (pg. 1, line 80) to the second base member (24A, B), and the vertical support member and the horizontal support member are attached (15) to maintain the vertical support member in the substantially perpendicular position relative to the horizontal axis and to maintain the horizontal support member in the substantially parallel position relative to the horizontal axis.
11. A support element for a work platform system used on a sloped surface, wherein the sloped surface extends at an angle from a horizontal axis, the support element comprising: a first base member (16) for attaching to the sloped surface; a second base member (24A, B) for attaching to the sloped surface; a vertical support member (14) pivotally attached (pg. 2, line 30) to the first base member (16) such that the vertical support member is capable of extending in a direction that is substantially perpendicular to the horizontal axis; and a horizontal support member (13) pivotally attached to the second base member (24A, B) such that the horizontal support member (13) is capable of extending in a direction that is substantially parallel to the horizontal axis, wherein the horizontal support member (13) is configured to be removably attached (15, see wing nut) to the vertical support member (14) such that the horizontal support member maintains a substantially parallel position relative to the horizontal axis.
17: A method of assembling a work platform system on a sloped surface, wherein the sloped surface extends at an angle from a horizontal axis, the method comprising: attaching a plurality of support elements to the sloped surface, wherein attaching each support element of the plurality of support elements comprises: attaching a first base member (16) to the sloped surface such that a vertical support member (14) is attached to the sloped surface via a connection between the first base member (16) and the vertical support member (14); attaching a second base member (24A, B) to the sloped surface such that a horizontal support member (13) is attached to the sloped surface via a connection between the second base member (24A, B) and the horizontal support member; and attaching (15) the horizontal support member to the vertical support member such that the horizontal support member is substantially parallel to the horizontal axis; and supporting a work platform (20) with the horizontal support members (13) of the plurality of support elements such that the work platform (20) is substantially parallel to the horizontal axis.
18: The method according to claim 17, wherein the vertical support member is connected to the first base member prior to the first base member being attached to the sloped surface (pg. 1, lines 29-34).
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.
Claims 2-6, 9, 12-15, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Robathan (GB2192660) in view of Behrbohm (US20240240473).
2: Robathan fails to disclose the work platform system according to claim 1, wherein a height of the vertical support member is adjustable. Behrbohm teaches, in the context of a scaffolding, wherein a height of the vertical support member is adjustable (Behrbohm, Fig. 1 and [0008]: “It is also possible to dispense with the provision of mutually engaging thread formations on the other axial end portion of the spindle rod element, since the length of the entire spindle strut can be continuously adjusted by turning the spindle nut element solely through the threaded engagement between the spindle nut element held axially on the spindle rod element and the spindle rod element which is in threaded engagement with it”). It 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 to have included wherein a height of the vertical support member is adjustable in a work platform system of Robathan according to the teachings Squire in order to accommodate a localized variance in elevation of the work platform supporting surface.
3: Robathan in view of Behrbohm disclose the work platform system according to claim 2, wherein the vertical support member comprises a first portion that is externally threaded and a second portion that is internally threaded, and an engagement member that allows a user to rotate the second portion relative to the first portion to adjust the height of the vertical support member (Behrbohm, Fig. 1 and [0008]: “It is also possible to dispense with the provision of mutually engaging thread formations on the other axial end portion of the spindle rod element, since the length of the entire spindle strut can be continuously adjusted by turning the spindle nut element solely through the threaded engagement between the spindle nut element held axially on the spindle rod element and the spindle rod element which is in threaded engagement with it”).
4: Robathan in view of Behrbohm disclose the work platform system according to claim 2, wherein the vertical support member comprises a first portion and a second portion, wherein the second portion is configured to telescope relative to the first portion to adjust the height of the vertical support member (Behrboham, Fig. 1, note that the threaded portion 14 is telescopic relative to the tubular portion 12”).
5: Robathan fails to disclose the work platform system according to claim 1, further comprising a first connection element that is attached to the vertical support element and configured to removably attach the horizontal support element to the vertical support element. Behrbohm teaches, in the context of scaffolding, wherein a first connection element (Behrbohm, Fig. 1, 34) that is attached to the vertical support element and configured to removably attach the horizontal support element to the vertical support element. It 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 to have included a first connection element that is attached to the vertical support element and configured to removably attach the horizontal support element to the vertical support element in the work platform disclosed by Robathan according to the teachings of Behrbohm in order to provide a site for coupling another scaffold element.
6: Robathan in view of Behrbohm disclose the work platform system according to claim 5, wherein the first connection element comprises a rosette (Behrbohm, Fig. 1, 34).
9: Robathan in view of Behrbohm disclose the work platform system according to claim 5, wherein the first connection element is permanently attached to the vertical support member (Behrbohm, [0034]: “welding”).
12: The support element according to claim 11, wherein a height of the vertical support member is adjustable. Robathan fails to disclose the work platform system according to claim 11, wherein a height of the vertical support member is adjustable. Behrbohm teaches, in the context of a scaffolding, wherein a height of the vertical support member is adjustable (Behrboham, Fig. 1 and [0008]: “It is also possible to dispense with the provision of mutually engaging thread formations on the other axial end portion of the spindle rod element, since the length of the entire spindle strut can be continuously adjusted by turning the spindle nut element solely through the threaded engagement between the spindle nut element held axially on the spindle rod element and the spindle rod element which is in threaded engagement with it”). It 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 to have included wherein a height of the vertical support member is adjustable in a work platform system of Robathan according to the teachings Squire in order to accommodate a localized variance in elevation of the work platform supporting surface.
13: Robathan in view of Behrbohm disclose the support element according to claim 12, wherein the vertical support member comprises a first portion that is externally threaded and a second portion that is internally threaded, and an engagement member that allows a user to rotate the second portion relative to the first portion to adjust the height of the vertical support member (Behrbohm, Fig. 1 and [0008]: “It is also possible to dispense with the provision of mutually engaging thread formations on the other axial end portion of the spindle rod element, since the length of the entire spindle strut can be continuously adjusted by turning the spindle nut element solely through the threaded engagement between the spindle nut element held axially on the spindle rod element and the spindle rod element which is in threaded engagement with it”).
14: Robathan fails to disclose the work platform system according to claim 11, further comprising a first connection element that is attached to the vertical support element and configured to removably attach the horizontal support element to the vertical support element. Behrbohm teaches, in the context of scaffolding, wherein a first connection element (Behrbohm, Fig. 1, 34) that is attached to the vertical support element and configured to removably attach the horizontal support element to the vertical support element. It 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 to have included a first connection element that is attached to the vertical support element and configured to removably attach the horizontal support element to the vertical support element in the work platform disclosed by Robathan according to the teachings of Behrbohm in order to provide a site for coupling another scaffold element.
15: Robathan in view of Behrbohm disclose the work platform system according to claim 14, wherein the first connection element comprises a rosette (Behrbohm, Fig. 1, 34).
20: Robathan fails to disclose the method according to claim 17, further comprising adjusting a height of the vertical support member to cause a connection point between the vertical support member and the horizontal support member to be positioned such that the horizontal support member is substantially parallel to the horizontal axis. Behrbohm teaches, in the context of a scaffolding, adjusting a height of the vertical support member to cause a connection point between the vertical support member and the horizontal support member to be positioned such that the horizontal support member is substantially parallel to the horizontal axis (Behrboham, Fig. 1 and [0008]: “It is also possible to dispense with the provision of mutually engaging thread formations on the other axial end portion of the spindle rod element, since the length of the entire spindle strut can be continuously adjusted by turning the spindle nut element solely through the threaded engagement between the spindle nut element held axially on the spindle rod element and the spindle rod element which is in threaded engagement with it”). It 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 to have included adjusting a height of the vertical support member to cause a connection point between the vertical support member and the horizontal support member to be positioned such that the horizontal support member is substantially parallel to the horizontal axis in the method of assembling a work platform system disclosed by Robathan according to the teachings Squire in order to accommodate a localized variance in elevation of the work platform supporting surface.
Claims 7, 8, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Robathan (GB2192660) in view of Behrbohm (US20240420473) and further in view of Yoo (KR20210078118).
7: Robathan in view of Behrbohm does not explicitly disclose the work platform system according to claim 5, wherein the first connection element comprises a first bracket that is configured to be engaged by a second bracket of the horizontal support element to removably attach the horizontal support element to the vertical support element. Yoo teaches, in the context of scaffolding, wherein the first connection element (252) comprises a first bracket (253) that is configured to be engaged by a second bracket (51) of the horizontal support element (50) to removably attach the horizontal support element to the vertical support element. It 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 to have included wherein the first connection element comprises a first bracket that is configured to be engaged by a second bracket of the horizontal support element to removably attach the horizontal support element to the vertical support element in the work platform disclosed by Robathan in view of Behrbohm in order to provide further adjustability to the vertical member.
8. Robathan in view of Behrbohm does not explicitly disclose the work platform system according to claim 5, wherein the first connection element is movable relative to the vertical support member such that a user can adjust a connection location on the vertical support member for connecting the horizontal support member to the vertical support member. Yoo teaches wherein the first connection element (252) is movable relative to the vertical support (10) member such that a user can adjust a connection location on the vertical support member for connecting the horizontal support member to the vertical support member (“The vertical support installation structure for a system stilt according to the present invention installs a support member that can be adjusted in height up and down by a screw-fastening method on a connecting pipe having screws formed on the outer surface, and pipes of different diameters formed on the inner and outer sides of the vertical support member on the upper surface of the support member can be selected and used by a worker as an upper vertical support member according to the needs or circumstances of the site”, (Yoo MT, [0017]). It 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 to have included wherein the first connection element is movable relative to the vertical support member such that a user can adjust a connection location on the vertical support member for connecting the horizontal support member to the vertical support member in the work platform disclosed by Robathan in view of Behrbohm according to the teachings of Yoo in order to provide further adjustability to the vertical member.
16: Robathan in view of Behrbohm does not explicitly disclose the work platform system according to claim 14, wherein the first connection element comprises a first bracket that is configured to be engaged by a second bracket of the horizontal support element to removably attach the horizontal support element to the vertical support element. Yoo teaches, in the context of scaffolding, wherein the first connection element (252) comprises a first bracket (253) that is configured to be engaged by a second bracket (51) of the horizontal support element (50) to removably attach the horizontal support element to the vertical support element. It 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 to have included wherein the first connection element comprises a first bracket that is configured to be engaged by a second bracket of the horizontal support element to removably attach the horizontal support element to the vertical support element in the work platform disclosed by Robathan in view of Behrbohm in order to provide further adjustability to the vertical member.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Robathan (GB2192660).
19: Robathan does not explicitly disclose the method according to claim 17, wherein the horizontal support member (13) is connected to the second base member (24A, B) prior to the second base member being attached to the sloped surface. However, per MPEP 2144.04.IV.C, selection of any order of performing process steps is prima facie obvious in the absence of new or unexpected results. Accordingly, it 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 to have connected the horizontal support member (13) to the second base member (24A, B) prior to the second base member being attached to the sloped surface in the method of assembling a work platform system according to Robathan as a routine expedient.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Ben Pezzlo whose telephone number is (571)272-9656. The examiner can normally be reached M to Th 7 to 5.
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/BAP/Examiner, Art Unit 3634
/DANIEL P CAHN/Supervisory Patent Examiner, Art Unit 3634