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 .
DETAILED ACTION
The instant application having Application Number: 18/529,633 filed on 12/5/23 has a total of 18 claims pending for examination; there are 2 independent claims and 16 dependent claims, all of which are examined below.
Information Disclosure Statement
The Information Disclosure Statement(s) has been reviewed by the examiner and is found to comply with the provisions of 37 CFR 1.97, 1.98 and MPEP § 609.
Drawings
The drawing(s) have been reviewed by the examiner and are found comply with the provisions of 37 CFR 1.81 to 1.85.
Claim Rejections - 35 USC § 102
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 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.
Claim(s) 1-2 and 4 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent Application Publication No. 20140191172 to Christoffer et al. (hereinafter Christoffer).
With regards to claim 1, Christoffer teaches a guardrail receiver [figs 26-31 element 150] for use with a trench box or [note use of alternate language] parapet wall [fig 28 element 152] having sides defining a width [fig 28 element 152 shows a width that fits within clamp elements of element 150], comprising:
a first base portion [figs 26-31 element 154] including a first engaging portion [figs 26-31 elements 188, 189, 190] and a first connecting portion [figs 26-31 element 186] extending perpendicularly from each other [as shown];
a second base portion [figs 26-31 element 158] including a second engaging portion [figs 26-31 elements 166, 168, 170, 172, 174, 185, 187] and a second connecting portion [figs 26-31 element 176] extending perpendicularly from each other [as shown], the first [figs 26-31 element 186] and second connecting portions [figs 26-31 element 176] being slidably operatively connected [figs 26-31 elements 180 and 178 operatively connect elements 186 and 176 to slide - paragraph 71] to a desired position to accommodate the width of the trench box or [note use of alternate language] parapet wall [paragraphs 69-73], the first [figs 26-31 elements 188, 189, 190] and second engaging portions [figs 26-31 elements 166, 168, 170, 172, 174, 185, 187] configured and arranged to engage the sides defining the width [paragraphs 69-73];
a female connector [figs 26-31 top of element 186] operatively connected to one of the first base portion [figs 26-31 element 154] or [note use of alternate language] the second base portion; - Alternatively, figs 26-31 elements 164 are considered both female connectors and male connectors. As female connectors, elements 164 receive a threaded rod [see figs 5, 9 elements 38, 61] within element 55 and as male connectors, they fit within the cavity of element(s) 10 -
a male connector [figs 26-31 elements 164] operatively connected to one of the first base portion or [note use of alternate language] the second base portion [figs 26-31 element 158]; and
wherein the female [figs 26-31 top of element 186 or alternatively, one element 164 as explained above] and male connectors [figs 26-31 elements 164] are configured and arranged to be operatively connected to a variety of safety devices selected from a group consisting of [note use of alternate language] a guardrail leg [paragraph 69 – fig 9 element 10] and a ladder rail [it is capable of connecting to a ladder], wherein during use one of the female [figs 26-31 top of element 186 or alternatively, one element 164 as explained above] and male connectors [figs 26-31 elements 164] is used with one of the guardrail leg [figs 4-12 show the connectors coupled to guardrail elements] or [note use of alternate language] the ladder rail.
With regards to claim 2, Christoffer teaches the guardrail receiver of claim 1, wherein the female connector includes a first female connector and a second female connector [figs 26-31 top of element 186 and one element 164 as explained above].
With regards to claim 4, Christoffer teaches the guardrail receiver of claim 1, wherein the female connector [figs 26-31 top of element 186 or alternatively, one element 164 as explained above] is operatively connected to the second base portion [figs 26-31 element 158] and the male connector [figs 26-31 elements 164] is operatively connected to the first base portion [figs 26-31 element 154].
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) 3 and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent Application Publication No. 20140191172 to Christoffer et al. (hereinafter Christoffer) in view of US Patent No. 8,827,037 to Chilton (hereinafter Chilton).
With regards to claim 3, Christoffer teaches all of the above but is silent as to the guardrail receiver of claim 1, wherein the female connector includes a lateral bore configured and arranged to receive a securing member configured and arranged to secure the safety device within the female connector.
However, Chilton teaches wherein a female connector [Chilton fig 1 elements 177, 179, fig 2 element 208] includes a lateral bore [Chilton fig 1 holes where elements 133, 135 pass through elements 177, 179 as shown in fig 2 element 224] configured and arranged to receive a securing member [Chilton fig 1 elements 133, 135] configured and arranged to secure the safety device [Chilton fig 1 leg elements 101, 103 of element 100] within the female connector [Chilton fig 1 elements 177, 179, fig 2 element 208] for the benefit of securely locking a guardrail to a guardrail connector to prevent it from falling [Chilton column 4 lines 36-55, column 7 lines 39-55, column 8 lines 11-16, column 9 lines 16-37].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Christoffer and Chilton to have the female connector [Chilton fig 1 elements 177, 179, fig 2 element 208] includes a lateral bore [Chilton fig 1 holes where elements 133, 135 pass through elements 177, 179 as shown in fig 2 element 224] configured and arranged to receive a securing member [Chilton fig 1 elements 133, 135] configured and arranged to secure the safety device [Chilton fig 1 leg elements 101, 103 of element 100] within the female connector [Chilton fig 1 elements 177, 179, fig 2 element 208] for the benefit of securely locking a guardrail to a guardrail connector to prevent it from falling [Chilton column 4 lines 36-55, column 7 lines 39-55, column 8 lines 11-16, column 9 lines 16-37].
With regards to claim 8, Christoffer teaches all of the above but is silent as to the guardrail receiver of claim 1, further comprising a threaded rod interconnecting the first connecting portion and the second connecting portion.
However, Chilton teaches a guardrail receiver [Chilton fig 2 element 200] comprising a threaded rod [Chilton fig 2 element 216] interconnecting a first connecting portion [Chilton fig 2 element 202] and a second connecting portion [Chilton fig 2 element 204] for the benefit of providing continuous adjustment between the different sides of the guardrail receiver clamp mechanism while also eliminating mechanical play [Chilton column 8 line 55 to column 9 line 7].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Christoffer and Chilton to have a threaded rod [Chilton fig 2 element 216] interconnecting the first connecting portion [Chilton fig 2 element 202] and the second connecting portion [Chilton fig 2 element 204] for the benefit of providing continuous adjustment between the different sides of the guardrail receiver clamp mechanism while also eliminating mechanical play [Chilton column 8 line 55 to column 9 line 7].
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent Application Publication No. 20140191172 to Christoffer et al. (hereinafter Christoffer) in view of US Patent No. 3,995,833 to McLaughlin et al. (hereinafter McLaughlin).
With regards to claim 5, Christoffer teaches all of the above but is silent as to the guardrail receiver of claim 1, further comprising a toe board connector configured and arranged to receive a toe board.
However, McLaughlin teaches a guardrail receiver [McLaughlin fig 1 element 20] comprising a toe board [McLaughlin fig 1 element 74] connector [McLaughlin fig 1 element 70] configured and arranged to receive a toe board [McLaughlin fig 1 element 74] for the benefit of having a toe board that prevents items from falling over an edge, attached to a guardrail receiver, even when a guardrail isn’t connected to the guardrail receiver [McLaughlin column 4 lines 19-29].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Christoffer and McLaughlin to have the guardrail receiver [McLaughlin fig 1 element 20] comprising a toe board [McLaughlin fig 1 element 74] connector [McLaughlin fig 1 element 70] configured and arranged to receive a toe board [McLaughlin fig 1 element 74] for the benefit of having a toe board that prevents items from falling over an edge, attached to a guardrail receiver, even when a guardrail isn’t connected to the guardrail receiver [McLaughlin column 4 lines 19-29].
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent Application Publication No. 20140191172 to Christoffer et al. (hereinafter Christoffer) in view of US Patent No. 4,765,439 to Kresmery (hereinafter Kresmery).
With regards to claim 7, Christoffer teaches all of the above but is silent as to the guardrail receiver of claim 1, wherein the ladder rail includes a rail portion, a return, an extension, or [note use of alternate language] a stabilizer.
However, Kresmery teaches a receiver [Kresmery figs 1-5 element 10] on a parapet wall [Kresmery figs 1-5 element 14] having a ladder rail includes a rail portion [Kresmery figs 1-5 element 12 shows two rails], a return, an extension, or [note use of alternate language] a stabilizer, for the benefit of securing a ladder to a wall so that it is prevented from any movement [Kresmery – abstract, column 1 lines 12-26]
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Christoffer and Kresmery to have the ladder rail includes a rail portion [Kresmery figs 1-5 element 12 shows two rails], a return, an extension, or [note use of alternate language] a stabilizer, for the benefit of securing a ladder to a wall so that it is prevented from any movement [Kresmery – abstract, column 1 lines 12-26].
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent Application Publication No. 20030042072 to Murray (hereinafter Murray).
With regards to claim 9, Murray teaches a guardrail receiver assembly [figs 1, 4] for use with a trench box or [note use of alternate language] parapet wall [fig 4 element 4] including walls forming a corner [fig 1], each wall having sides defining a width [fig 1 wall elements and fig 4 element 4 have a width], comprising:
a first guardrail receiver [figs 1, 4 element 10] comprising:
a first base [figs 1, 4 element 12] configured and arranged to engage the sides of a first wall [fig 1 left wall element similar to fig 4 element 4];
a first connector [figs 1, 4 element 14] operatively connected to the first base [figs 1, 4 element 12] and configured and arranged to be operatively connected to a first safety device [figs 1, 4 element 9] selected from the group consisting of [note use of alternate language] a first guardrail leg [figs 1, 4 element 9] and a first ladder rail;
a second guardrail receiver [figs 1, 4 element 10] comprising:
a second base [figs 1, 4 element 12] configured and arranged to engage the sides of a second wall [fig 1 front wall element on same plane as window elements. similar to fig 4 element 4];
a second connector [figs 1, 4 element 14] operatively connected to the second base [figs 1, 4 element 12] and configured and arranged to be operatively connected to a second safety device [figs 1, 4 element 9] selected from the group consisting of [note use of alternate language] a guardrail leg [figs 1, 4 element 9] and a ladder rail;
wherein when the first [figs 1, 4 element 14] and second guardrail receivers [figs 1, 4 element 14] are configured and arranged to be positioned on adjacent walls [as shown in fig 1] proximate the corner [as shown in left side of fig 1], positioned approximately ninety degrees relative to each other [fig 1 left wall and front wall are 90 degrees relative to each other], the first [figs 1, 4 element 14] and second guardrail receivers [figs 1, 4 element 14] being configured and arranged to form a corner gap [figs 1, 4 two left most elements 10 show a corner gap] between outer, inwardly facing surfaces of portions of the first and second safety devices [figs 1, 4 elements 9] operatively connected to the first [figs 1, 4 element 14] and second connectors [figs 1, 4 element 14].
Murray teaches all of the above but is silent as to the corner gap being of not more than 7 inches.
However, it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention have the corner gap be of not more than 7 inches, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Claim(s) 10-11 and 16-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent Application Publication No. 20030042072 to Murray (hereinafter Murray) in view of US Patent Application Publication No. 20140191172 to Christoffer et al. (hereinafter Christoffer).
With regards to claim 10 (note this is similar in scope to claim 1 above), Murray teaches all of the above but is silent as to the guardrail receiver assembly of claim 9, wherein each of the first and second bases comprises a first base portion and a second base portion, the first base portion including a first engaging portion and a first connecting portion extending perpendicularly from each other, the second base portion including a second engaging portion and a second connecting portion extending perpendicularly from each other, the first and second connecting portions being slidably operatively connected to a desired position to accommodate the width of the trench box or parapet wall, the first and second engaging portions configured and arranged to engage the sides defining the width; wherein each of the first and second connectors comprises a female connector and a male connector, the female connector is operatively connected to one of the first base portion or the second base portion, the male connector is operatively connected to one of the first base portion or the second base portion, wherein the female and male connectors are configured and arranged to be operatively connected to a variety of safety devices selected from a group consisting of a guardrail leg and a ladder rail, wherein during use one of the female and male connectors is used with one of the guardrail leg or the ladder rail.
However, Christoffer teaches wherein each of the first [Christoffer figs 26-31 element 150] and second bases [Christoffer figs 26-31 element 150] comprises a first base portion [Christoffer figs 26-31 element 154] and a second base portion [Christoffer figs 26-31 element 158], the first base portion [Christoffer figs 26-31 element 154] including a first engaging portion [Christoffer figs 26-31 elements 188, 189, 190] and a first connecting portion [Christoffer figs 26-31 element 186] extending perpendicularly from each other [as shown], the second base portion [Christoffer figs 26-31 element 158] including a second engaging portion [Christoffer figs 26-31 elements 166, 168, 170, 172, 174, 185, 187] and a second connecting portion [Christoffer figs 26-31 element 176] extending perpendicularly from each other [as shown], the first [Christoffer figs 26-31 element 186] and second connecting portions [Christoffer figs 26-31 element 176] being slidably operatively connected [Christoffer figs 26-31 elements 180 and 178 operatively connect elements 186 and 176 to slide - paragraph 71] to a desired position to accommodate the width of the trench box or [note use of alternate language] parapet wall [paragraphs 69-73], the first [Christoffer figs 26-31 elements 188, 189, 190] and second engaging portions [Christoffer figs 26-31 elements 166, 168, 170, 172, 174, 185, 187] configured and arranged to engage the sides defining the width [Christoffer paragraphs 69-73];
wherein each of the first [Christoffer figs 26-31 element 150] and second connectors [figs 26-31 element 150] comprises a female connector [Christoffer figs 26-31 top of element 186 or Alternatively, figs 26-31 elements 164 are considered both female connectors and male connectors. As female connectors, elements 164 receive a threaded rod [see figs 5, 9 elements 38, 61] within element 55] and a male connector [Christoffer figs 26-31 elements 164], the female connector [Christoffer figs 26-31 top of element 186 or alternatively, one element 164 as explained above] is operatively connected to one of the first base portion [Christoffer figs 26-31 element 154] or [note use of alternate language] the second base portion, the male connector [Christoffer figs 26-31 elements 164] is operatively connected to one of the first base portion or [note use of alternate language] the second base portion [Christoffer figs 26-31 element 158], wherein the female [Christoffer figs 26-31 top of element 186 or alternatively, one element 164 as explained above] and male connectors [Christoffer figs 26-31 elements 164] are configured and arranged to be operatively connected to a variety of safety devices selected from a group consisting of [note use of alternate language] a guardrail leg [Christoffer paragraph 69 – fig 9 element 10] and a ladder rail [it is capable of connecting to a ladder], wherein during use one of the female [Christoffer figs 26-31 top of element 186 or alternatively, one element 164 as explained above] and male connectors [Christoffer figs 26-31 elements 164] is used with one of the guardrail leg [Christoffer figs 4-12 show the connectors coupled to guardrail elements] or [note use of alternate language] the ladder rail, for the benefit of providing a safety rail that is reusable, that quickly assembles and disassembles that is more stable, force resistant and safer than comparable wooden safety rails and that meets all specifications established by safety agencies [Christoffer paragraph 7].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Murray and Christoffer to have each of the first [Christoffer figs 26-31 element 150] and second bases [Christoffer figs 26-31 element 150] comprises a first base portion [Christoffer figs 26-31 element 154] and a second base portion [Christoffer figs 26-31 element 158], the first base portion [Christoffer figs 26-31 element 154] including a first engaging portion [Christoffer figs 26-31 elements 188, 189, 190] and a first connecting portion [Christoffer figs 26-31 element 186] extending perpendicularly from each other [as shown], the second base portion [Christoffer figs 26-31 element 158] including a second engaging portion [Christoffer figs 26-31 elements 166, 168, 170, 172, 174, 185, 187] and a second connecting portion [Christoffer figs 26-31 element 176] extending perpendicularly from each other [as shown], the first [Christoffer figs 26-31 element 186] and second connecting portions [Christoffer figs 26-31 element 176] being slidably operatively connected [Christoffer figs 26-31 elements 180 and 178 operatively connect elements 186 and 176 to slide - paragraph 71] to a desired position to accommodate the width of the trench box or [note use of alternate language] parapet wall [paragraphs 69-73], the first [Christoffer figs 26-31 elements 188, 189, 190] and second engaging portions [Christoffer figs 26-31 elements 166, 168, 170, 172, 174, 185, 187] configured and arranged to engage the sides defining the width [Christoffer paragraphs 69-73];
wherein each of the first [Christoffer figs 26-31 element 150] and second connectors [figs 26-31 element 150] comprises a female connector [Christoffer figs 26-31 top of element 186 or Alternatively, figs 26-31 elements 164 are considered both female connectors and male connectors. As female connectors, elements 164 receive a threaded rod [see figs 5, 9 elements 38, 61] within element 55] and a male connector [Christoffer figs 26-31 elements 164], the female connector [Christoffer figs 26-31 top of element 186 or alternatively, one element 164 as explained above] is operatively connected to one of the first base portion [Christoffer figs 26-31 element 154] or [note use of alternate language] the second base portion, the male connector [Christoffer figs 26-31 elements 164] is operatively connected to one of the first base portion or [note use of alternate language] the second base portion [Christoffer figs 26-31 element 158], wherein the female [Christoffer figs 26-31 top of element 186 or alternatively, one element 164 as explained above] and male connectors [Christoffer figs 26-31 elements 164] are configured and arranged to be operatively connected to a variety of safety devices selected from a group consisting of [note use of alternate language] a guardrail leg [Christoffer paragraph 69 – fig 9 element 10] and a ladder rail [it is capable of connecting to a ladder], wherein during use one of the female [Christoffer figs 26-31 top of element 186 or alternatively, one element 164 as explained above] and male connectors [Christoffer figs 26-31 elements 164] is used with one of the guardrail leg [Christoffer figs 4-12 show the connectors coupled to guardrail elements] or [note use of alternate language] the ladder rail, for the benefit of providing a safety rail that is reusable, that quickly assembles and disassembles that is more stable, force resistant and safer than comparable wooden safety rails and that meets all specifications established by safety agencies [Christoffer paragraph 7].
With regards to claim 11, it is of similar scope as claim 4 above and thus is rejected under similar rationale, combined for the same reasons as above.
With regards to claim 16, Murray teaches all of the above but is silent as to the guardrail receiver assembly of claim 9, wherein the first and second connectors are each selected from the group consisting of a female connector and a male connector, the first and second connectors being configured and arranged to be operatively connected to the respective first or second safety device, wherein during use one of the first and second connectors is used with one of the safety devices.
However, Christoffer teaches a first [Christoffer figs 26-31 element 150] and second connectors [Christoffer figs 26-31 element 150] are each selected from the group consisting of [note use of alternate language] a female connector [Christoffer figs 26-31 top of element 186 or Alternatively, figs 26-31 elements 164 are considered both female connectors and male connectors. As female connectors, elements 164 receive a threaded rod [see figs 5, 9 elements 38, 61] and a male connector [Christoffer figs 26-31 elements 164], the first [figs 26-31 element 150] and second connectors [figs 26-31 element 150] being configured and arranged to be operatively connected to the respective first [Christoffer paragraph 69 – fig 9 element 10] or [note use of alternate language] second safety device, wherein during use one of the first [Christoffer figs 26-31 top of element 186 or alternatively, one element 164 as explained above] and second connectors [Christoffer figs 26-31 elements 164] is used with one of the safety devices [Christoffer figs 4-12 show the connectors coupled to guardrail elements], for the benefit of providing a safety rail that is reusable, that quickly assembles and disassembles that is more stable, force resistant and safer than comparable wooden safety rails and that meets all specifications established by safety agencies [Christoffer paragraph 7].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Murray and Christoffer to have the first [Christoffer figs 26-31 element 150] and second connectors [Christoffer figs 26-31 element 150] are each selected from the group consisting of [note use of alternate language] a female connector [Christoffer figs 26-31 top of element 186 or Alternatively, figs 26-31 elements 164 are considered both female connectors and male connectors. As female connectors, elements 164 receive a threaded rod [see figs 5, 9 elements 38, 61] and a male connector [Christoffer figs 26-31 elements 164], the first [figs 26-31 element 150] and second connectors [figs 26-31 element 150] being configured and arranged to be operatively connected to the respective first [Christoffer paragraph 69 – fig 9 element 10] or [note use of alternate language] second safety device, wherein during use one of the first [Christoffer figs 26-31 top of element 186 or alternatively, one element 164 as explained above] and second connectors [Christoffer figs 26-31 elements 164] is used with one of the safety devices [Christoffer figs 4-12 show the connectors coupled to guardrail elements], for the benefit of providing a safety rail that is reusable, that quickly assembles and disassembles that is more stable, force resistant and safer than comparable wooden safety rails and that meets all specifications established by safety agencies [Christoffer paragraph 7].
With regards to claim 17, it is of similar scope as claim 2 above and thus is rejected under similar rationale, combined for the same reasons as above.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent Application Publication No. 20030042072 to Murray (hereinafter Murray) in view of US Patent Application Publication No. 20140191172 to Christoffer et al. (hereinafter Christoffer) in view of in view of US Patent No. 3,995,833 to McLaughlin et al. (hereinafter McLaughlin).
With regards to claim 12, it is of similar scope as claim 5 above and thus is rejected under similar rationale, combined for the same reasons as above.
Claim(s) 14 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent Application Publication No. 20030042072 to Murray (hereinafter Murray) in view of US Patent Application Publication No. 20140191172 to Christoffer et al. (hereinafter Christoffer) in view of US Patent No. 8,827,037 to Chilton (hereinafter Chilton).
With regards to claim 14 it is of similar scope as claim 8 above and thus is rejected under similar rationale, combined for the same reasons as above.
With regards to claim 18, it is of similar scope as claim 3 above and thus is rejected under similar rationale, combined for the same reasons as above.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent Application Publication No. 20030042072 to Murray (hereinafter Murray) in view of US Patent Application Publication No. 20140191172 to Christoffer et al. (hereinafter Christoffer) in view of in view of US Patent No. 4,765,439 to Kresmery (hereinafter Kresmery).
With regards to claim 15 it is of similar scope as claim 7 above and thus is rejected under similar rationale, combined for the same reasons as above.
Allowable Subject Matter
Claims 6 and 13 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
With regards to claim 6, the prior art of record alone or in combination fails to teach or fairly suggest wherein the female connector includes a first female connector and a second female connector and the toe board connector includes a first toe board connector and a second toe board connector, and wherein the first and second female connectors and the first and second toe board connectors are operatively connected to the second base portion and the male connector is operatively connected to the first base portion, the first female connector positioned between the second connecting portion and the first toe board connector and the second female connector positioned between the second connecting portion and the second toe board connector, in combination with the other limitations found in the claim.
With regards to claim 13, the prior art of record alone or in combination fails to teach or fairly suggest wherein the female connector includes a first female connector and a second female connector and the toe board connector includes a first toe board connector and a second toe board connector, and wherein the first and second female connectors and the first and second toe board connectors are operatively connected to the second base portion and the male connector is operatively connected to the first base portion, the first female connector positioned between the second connecting portion and the first toe board connector and the second female connector positioned between the second connecting portion and the second toe board connector in combination with the other limitations found in the claim.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US Patent No. 6,038,829 to Franks teaches a safety rail for parapet walls that clamps to the walls and provides protections at wall corners.
US Patent No. 11,982,127 to Lajoie et al. teaches support clamps that attach to parapet walls that have connectors for guardrails and ladders.
US Patent No. 3,881,698 to Marsh teaches a safety handrail support having a front plate that attaches to toe boards.
US Patent No. 6,679,482 to Allenbaugh teaches a perimeter guard having perimeter holders that appear to have female and male connectors.
US Patent No. D331529 to Reinklou teaches a guard rail support that appears to have a female and male connectors.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID E MARTINEZ whose telephone number is (571)272-4152. The examiner can normally be reached Monday-Friday 8:30am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Daniel P Cahn can be reached on (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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DEM
/DAVID E MARTINEZ/Primary Examiner, Art Unit 3634
Prosecution Insights