DETAILED ACTION
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 1, 6, 8-11, 17-19, and 21-23 are rejected under 35 U.S.C. 103 as being unpatentable over Robathan (GB2192660) in view of Williams (US5078532)
1: Robathan discloses a work platform system (12, 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 (12) 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; a horizontal support member (13) attached to the second base member (24A, B, Fig. 2); 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.
Robathan fails to disclose a first connector attached to the vertical support element, wherein the first connector comprises two vertically spaced apart brackets; and a second connector attached to the horizontal support element and configured to be removably attached to the first connector, wherein the second connector comprises two protrusions corresponding to the two vertically spaced apart brackets of the first connector; wherein the horizontal support member is substantially parallel to the horizontal axis when the second connector is attached to the first connector.
Williams teaches, in the context of scaffolding, a first connector (2, 21, Figs. 1 and 2) attached to a vertical support element (5), wherein the first connector comprises two vertically spaced apart brackets (2 and 21, Figs. 1 and 2); and a second connector (6, Figs. 1 and 2) attached to a horizontal support element (12) and configured to be removably attached to the first connector (Figs. 1 and 2) , wherein the second connector comprises two protrusions (40, 41, Figs. 1 and 2) corresponding to the two vertically spaced apart brackets of the first connector; wherein a horizontal support member (col. 3, line 1 of Williams, “horizontal scaffold member 12”) is substantially parallel to the horizontal axis when the second connector is attached to the first connector.
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 connector attached to the vertical support element, wherein the first connector comprises two vertically spaced apart brackets; and a second connector attached to the horizontal support element and configured to be removably attached to the first connector, wherein the second connector comprises two protrusions corresponding to the two vertically spaced apart brackets of the first connector; wherein the horizontal support member is substantially parallel to the horizontal axis when the second connector is attached to the first connector in the work platform system of Robathan according to the teachings of Williams in order to provide additional safety and weight bearing capability to the vertical and horizontal members.
6: Robathan in view of Williams disclose the work platform system according to claim 1, wherein the first connection element comprises a rosette (2, Figs. 1 and 2 of Williams).
8. Robathan in view of Williams fail to disclose the work platform system according to claim 1, wherein the first connector 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. However, per MPEP 2144.04.V.D., adjustablility, where needed, is not a patentable advance. Here, the need to provide a level platform surface on an inclined roof is recognized by Robathan, e.g., see the wing nut at 15 in Fig. 1. 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 connector 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 system of Robathan in view of Williams to fine tune the leveling of the platform.
9. Robathan in view of Williams disclose the work platform system according to claim 1, wherein the first connector (2, 21, Figs. 1 and 2 of Williams) is permanently attached to the vertical support member (5).
10: Robathan in view of Williams disclose the work platform system according to claim 1, wherein the vertical support member (14 Robathan) is pivotally attached (pg. 2, line 30) to the first base member (16 Robathan), the horizontal support member (13 Robathan) is pivotally attached (pg. 1, line 80) to the second base member (24A, B, Robathan), and the vertical support member and the horizontal support member are attached (Fig. 1 of Williams) 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. Robathan discloses 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.
Robathan fails to disclose a first connector attached to the vertical support element, wherein the first connector comprises two vertically spaced apart brackets; and a second connector attached to the horizontal support element and configured to be removably attached to the first connector, wherein the second connector comprises two protrusions corresponding to the two vertically spaced apart brackets of the first connector; wherein the horizontal support member is substantially parallel to the horizontal axis when the second connector is attached to the first connector. Williams teaches, in the context of scaffolding, a first connector (2, 21, Figs. 1 and 2) attached to a vertical support element (5), wherein the first connector comprises two vertically spaced apart brackets (2 and 21, Figs. 1 and 2); and a second connector (6, Figs. 1 and 2) attached to a horizontal support element (12) and configured to be removably attached to the first connector (Figs. 1 and 2) , wherein the second connector comprises two protrusions (40, 41, Figs. 1 and 2) corresponding to the two vertically spaced apart brackets of the first connector; wherein a horizontal support member (col. 3, line 1 of Williams, “horizontal scaffold member 12”) is substantially parallel to the horizontal axis when the second connector is attached to the first connector. 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 connector attached to the vertical support element, wherein the first connector comprises two vertically spaced apart brackets; and a second connector attached to the horizontal support element and configured to be removably attached to the first connector, wherein the second connector comprises two protrusions corresponding to the two vertically spaced apart brackets of the first connector; wherein the horizontal support member is substantially parallel to the horizontal axis when the second connector is attached to the first connector in the work platform system of Robathan according to the teachings of Williams in order to provide additional safety and weight bearing capability to the vertical and horizontal members.
15: Robathan in view of Williams disclose the support element according to claim 11, wherein the first connector comprises a rosette (2, Figs. 1 and 2 of Williams).
17: Robathan discloses 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.
Robathan fails to disclose wherein the vertical support member comprises a first connector, and wherein the first connector comprises two vertically spaced apart brackets and wherein the horizontal support member comprises a second connector, wherein the second connector is configured to be removably attached to the first connector, and wherein the second connector comprises two protrusions corresponding to the two vertically spaced apart brackets of the first connector. Williams teaches, in the context of scaffolding, a vertical support member (5) comprising a first connector (2, 21, Figs. 1 and 2) wherein the first connector comprises two vertically spaced apart brackets (2 and 21, Figs. 1 and 2); and wherein a horizontal support member (12) comprises a second connector (6, Figs. 1 and 2) and wherein the second connector comprises two protrusions (40, 41, Figs. 1 and 2) corresponding to the two vertically spaced apart brackets of the first connector. 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 vertical support member comprises a first connector, and wherein the first connector comprises two vertically spaced apart brackets and wherein the horizontal support member comprises a second connector, wherein the second connector is configured to be removably attached to the first connector, and wherein the second connector comprises two protrusions corresponding to the two vertically spaced apart brackets of the first connector in the method of Robathan according to the teachings of Williams in order to provide additional safety and weight bearing capability to the vertical and horizontal members.
18: Robathan in view of Williams disclcose 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 (see Robathan at pg. 1, lines 29-34).
19: Robathan in view of Williams 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 in view of Williams as a routine expedient.
21: Robathan in view of Williams disclose the work platform system according to claim 1, wherein the second connector further comprises a locking member (18, Figs. 1-2 of Williams) that locks the second connector (6, Figs. 1 and 2 of Williams) to the first connector (2, 21, Figs. 1-2 of Williams) when the locking member is in a locked condition (Fig. 1 of Williams).
22: Robathan in view of Williams disclose the support element according to claim 11, wherein the second connector further comprises a locking member (18, Figs. 1-2 of Williams) that locks the second connector (6, Figs. 1 and 2 of Williams) to the first connector (2, 21, Figs. 1-2 of Williams) when the locking member is in a locked condition (Fig. 1 of Williams).
23: Robathan in view of Williams disclose the method according to claim 17, wherein the second connector further comprises a locking member (18, Figs. 1-2 of Williams) that locks the second connector (6, Figs. 1 and 2 of Williams) to the first connector (2, 21, Figs. 1-2 of Williams) when the locking member is in a locked condition (Fig. 1 of Williams).
Claims 2-4, 12-15, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Robathan (GB2192660) in view of Williams (US5078532) and further in view of Behrbohm (US20240240473).
2: Robathan in view of Williams 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 in view of Williams according to the teachings Behrbohm in order to accommodate a localized variance in elevation of the work platform supporting surface.
3: Robathan in view of Williams and further 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 Williams and further 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”).
12: Robathan in view of Williams 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 in view of Williams according to the teachings Behrbohm in order to accommodate a localized variance in elevation of the work platform supporting surface.
13: Robathan in view of Williams and further 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”).
20: Robathan in view of Williams 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 in view of Williams according to the teachings of Behrbohm in order to accommodate a localized variance in elevation of the work platform supporting surface.
Response to Arguments
Applicant’s arguments with respect to claims 1, 11, and 17 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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/BAP/Examiner, Art Unit 3634
/COLLEEN M CHAVCHAVADZE/Primary Examiner, Art Unit 3634
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