DETAILED ACTION
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 .
Claim Objections
Claims 9 is objected to because of the following informalities:
Claim 9 recites “the second horizontal direction”; since claim 9 depends from claim 1 (not claim 5), this limitation lacks antecedent basis in the claims.
Appropriate correction is required.
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.
Claims 1-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bulley, US (2011/0012000).
In regards to claim 1 Bulley discloses:
A walkway structure (platform assembly 10; figs. 1-5) comprising: a first frame (16/23; fig. 5) located apart from the ground in a vertical direction (vertical height of 23) and extending in a first horizontal direction (horizontal extension of 23; as shown in fig. 5); a footboard (66) located on a side surface (surface of 16/23 facing assembly 10; fig. 5) of the first frame and comprising at least one first hole (a first or one of the holes through which fasteners passes to secure and attach platform 66 to upper surface plate 47; as described in paragraph [0067]; excerpt below); at least one bracket (30, including 40, 42, 52 ; fig. 3) coupled to the footboard and the first frame (as shown in fig. 5); and a first coupler (54) configured to couple the bracket (30) to the first frame (16/23) (as shown in fig. 5), wherein the bracket comprises: a first plate (40 including 44) coupled to the footboard (66; as shown in figs. 1, 2, 5); a second plate (42) coupled to the first plate (fig. 3); and a third plate (52) coupled to the second plate (fig. 3), wherein a lower surface of the third plate (bottom surface of 52) is in contact with an upper surface of the first frame (top surface of 23) (in contact as shown in figs. 5, 6).
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In regards to claim 2 Bulley discloses the first coupler comprises a knob bolt (63; fig. 7).
In regards to claim 3 Bulley discloses the second plate comprises a hole formed in a center thereof (hollow opening through middle of tube 42; fig. 4).
In regards to claim 4 Bulley discloses the footboard further comprises a second hole (a second of the holes through which fasteners passes to secure and attach platform 66 to upper surface plate 47; as described in paragraph [0067]; excerpt below) extending in the vertical direction in an area overlapping the first plate (overlapping 44 as shown in fig. 2, 3), and the footboard and the bracket are coupled to each other by a second coupler passing through the second hole (fasteners as described in paragraph [0067]).
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In regards to claim 5 Bulley discloses a horizontal cross-section of the second hole has a shape extending in a second horizontal direction (at least along the width of the diameter of the holes through which the fastener passes).
In regards to claim 6 Bulley discloses the footboard further comprises a plurality of third holes extending in the vertical direction (the rest of apertures 46; fig. 3 illustrates at least 6).
In regards to claim 7 Bulley discloses the footboard comprises a first sidewall (32) formed on one side surface (surface opposite to 42; fig. 3) that is not adjacent to the first frame (fig. 3).
In regards to claim 8 Bulley discloses the first plate (40 including 44) is coupled to a lower surface of the footboard (44 at bottom surface of 66), the second plate (42) extends in the vertical direction (as shown in figs. 1, 3, 5), and the third plate (52) extends in a horizontal direction toward the first frame (as shown in figs. 1, 5).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Bulley as applied to claim 1 above.
In regards to claim 9 Bulley does not specify the dimensions of holes 46 i.e., (a width in a range of about 45 mm to about 55 mm in the first horizontal direction and has a length in a range of about 90 mm to about 110 mm in the second horizontal direction that forms an angle of 90 degrees with the first horizontal direction). However, examiner takes Official Notice that slot shaped holes made to receive fasteners such as those described by Bulley to attach the footboards to the bracket, are old and well-known in the art. A person of ordinary skill in the art before the effective filing date of the claimed invention, would have found that having a slot with the dimensions about 45 mm to about 55 mm in the first horizontal direction and about 90 mm to about 110 mm in the second horizontal direction would have provided for suitable range for the fasteners of the footboards to allow for fine adjustments for the optimum placement of the footboards on the bracket.
Claims 10-17 are rejected under 35 U.S.C. 103 as being unpatentable over Kesil, US (2019/0229003) in view of Bulley, US (2011/0012000).
In regards to claim 10 Kesil discloses:
An overhead hoist transfer system (system shown in fig. 4) comprising: a pair of first frames (22a, 22b; fig. 4) located apart from the ground in a vertical direction (as shown in fig. 4) and extending in a first horizontal direction (direction along longitudinal length of 22a, b), at least one pair of travel rails (horizontal portions of 22a, 22b i.e., 22a2, 22ba; fig. 1a) located underneath the first frame (underneath the vertical portions as shown in fig. 4) and supported by the first frame; and an overhead hoist transfer apparatus (20/24; fig. 1a) moving along the travel rails.
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In regards to claim 10 Kesil does not disclose a footboard and at least one bracket.
Bulley teaches a footboard (66) comprising at least one first hole (a first or one of the holes through which fasteners passes to secure and attach platform 66 to upper surface plate 47; as described in paragraph [0067]; excerpt below); at least one bracket (30, including 40, 42, 52 ; fig. 3) coupled to any one of the first frames (equivalent to 16/23; Bulley) and the footboard; a first coupler (54) configured to couple the bracket (30) to the first frame (16/23) (as shown in fig. 5); wherein the bracket comprises: a first plate (40 including 44) coupled to the footboard (66; as shown in figs. 1, 2, 5); a second plate (42) coupled to the first plate (fig. 3); and a third plate (52) coupled to the second plate (as shown in fig. 3), wherein a lower surface of the third plate (bottom surface of 52) is in contact with an upper surface of the first frame (top surface of 23) (in contact as shown in figs. 5, 6).
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Therefore, before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to utilize walkway assembly taught by Bulley onto the system of Kesil for the predictable result with reasonable expectation of success i.e., to provide for safe means for a worker to climb and walk around the top area of the overhead transfer system of Kesil to perform inspection, maintenance repairs, etc. The modification of Kesil with the walkway of Bulley subsequently teaches the footboard located between the pair of first frames. Note that a person of ordinary skill in the art would find it routine to adjust the scale and proportions of the apparatus of Bulley to fit the system of Kesil.
In regards to claim 11 Bulley teaches the first plate (40 including 44) is coupled to a lower surface of the footboard (44 at bottom surface of 66), the second plate (42) extends in the vertical direction (as shown in figs. 1, 3, 5), and the third plate (52) extends in a horizontal direction toward the first frame (as shown in figs. 1, 5).
In regards to claim 12 Kesil discloses a second frame (32) located underneath the first frame and arranged to intersect the first frame in the vertical direction (fig. 1a), wherein the second frame is coupled to the travel rails (as shown in fig. 1a).
In regards to claim 13 Bulley teaches the footboard further comprises a second hole (a second of the holes through which fasteners passes to secure and attach platform 66 to upper surface plate 47; as described in paragraph [0067]; excerpt above) extending in the vertical direction in an area overlapping the first plate (overlapping 44 as shown in fig. 2, 3), and the footboard and the bracket are coupled to each other by a second coupler passing through the second hole (fasteners as described in paragraph [0067]).
In regards to claim 14 Bulley teaches the first coupler comprises a knob bolt (63; fig. 7).
In regards to claim 15 Bulley does not specify the dimensions of holes 46 i.e., (a width in a range of about 45 mm to about 55 mm in the first horizontal direction and has a length in a range of about 90 mm to about 110 mm in the second horizontal direction that forms an angle of 90 degrees with the first horizontal direction). However, examiner takes Official Notice that slot shaped holes made to receive fasteners such as those described by Bulley to attach the footboards to the bracket, are old and well-known in the art. A person of ordinary skill in the art before the effective filing date of the claimed invention, would have found that having a slot with the dimensions about 45 mm to about 55 mm in the first horizontal direction and about 90 mm to about 110 mm in the second horizontal direction would have provided for suitable range for the fasteners of the footboards to allow for fine adjustments for the optimum placement of the footboards on the bracket.
In regards to claim 16 Kesil discloses a storage box (34, 60) installed adjacent to the travel rail (fig. 1a), wherein the storage box comprises a plurality of slots (spaces in and between gripper mechanism 60; fig. 4, 9).
In regards to claim 17 Kesil discloses the storage box is formed only in an installation area that is a partial area of the travel rail (space underneath 22a, b considered a “partial area of the travel rail”).
Claims 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Kesil, US (2019/0229003) in view of Bulley, US (2011/0012000).
In regards to claim 18 Kesil discloses:
An overhead hoist transfer system (system shown in fig. 4) comprising: a pair of first frames (22a, 22b; fig. 4) located apart from the ground in a vertical direction (as shown in fig. 4) and extending in a first horizontal direction (direction along longitudinal length of 22a, b); at least one pair of travel rails (horizontal portions of 22a, 22b i.e., 22a2, 22ba; fig. 1a) located underneath the first frame (underneath the vertical portions as shown in fig. 4) and supported by the first frame; and an overhead hoist transfer apparatus (20/24; fig. 1a) moving along the travel rails.
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In regards to claim 18 Kesil does not disclose a footboard and at least one bracket.
Bulley teaches a footboard (66) comprising at least one first hole (a first or one of the holes through which fasteners passes to secure and attach platform 66 to upper surface plate 47; as described in paragraph [0067]; excerpt below); at least one bracket (30, including 40, 42, 52 ; fig. 3) coupled to any one of the first frames (equivalent to 16/23; Bulley) and the footboard; a first coupler (54) configured to couple the bracket (30) to the first frame (16/23) (as shown in fig. 5); wherein the bracket comprises: a first plate (40 including 44) coupled to the footboard (66; as shown in figs. 1, 2, 5); a second plate (42) coupled to the first plate (fig. 3); and a third plate (52) coupled to the second plate (as shown in fig. 3), wherein a lower surface of the third plate (bottom surface of 52) is in contact with an upper surface of the first frame (top surface of 23) (in contact as shown in figs. 5, 6, the first coupler comprises a knob bolt (63; fig. 7), the footboard further comprises a second hole (a second of the holes through which fasteners passes to secure and attach platform 66 to upper surface plate 47; as described in paragraph [0067]; excerpt below) extending in the vertical direction in an area overlapping the first plate (overlapping 44 as shown in fig. 2, 3), the first plate is coupled to a lower surface of the footboard (44 at bottom surface of 66), the second plate extends in the vertical direction (as shown in figs. 1, 3, 5), the third plate (52) extends in a horizontal direction toward the first frame (as shown in figs. 1, 5), and the footboard and the bracket are coupled to each other by a second coupler passing through the second hole (fasteners as described in paragraph [0067]).
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Therefore, before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to utilize walkway assembly taught by Bulley onto the system of Kesil for the predictable result with reasonable expectation of success i.e., to provide for safe means for a worker to climb and walk around the top area of the overhead transfer system of Kesil to perform inspection, maintenance repairs, etc. The modification of Kesil with the walkway of Bulley subsequently teaches the footboard located between the pair of first frames. Note that a person of ordinary skill in the art would find it routine to adjust the scale and proportions of the apparatus of Bulley to fit the system of Kesil.
In regards to claim 19 Bulley does not specify the dimensions of holes 46 i.e., (a width in a range of about 45 mm to about 55 mm in the first horizontal direction and has a length in a range of about 90 mm to about 110 mm in the second horizontal direction that forms an angle of 90 degrees with the first horizontal direction). However, examiner takes Official Notice that slot shaped holes made to receive fasteners such as those described by Bulley to attach the footboards to the bracket, are old and well-known in the art. A person of ordinary skill in the art before the effective filing date of the claimed invention, would have found that having a slot with the dimensions about 45 mm to about 55 mm in the first horizontal direction and about 90 mm to about 110 mm in the second horizontal direction would have provided for suitable range for the fasteners of the footboards to allow for fine adjustments for the optimum placement of the footboards on the bracket.
In regards to claim 20 Kesil discloses a storage box (34, 60) installed adjacent to the travel rail (fig. 1a), wherein the storage box comprises a plurality of slots (spaces in and between gripper mechanism 60; fig. 4, 9), and the storage box is formed only in an installation area that is a partial area of the travel rail (space underneath 22a, b considered a “partial area of the travel rail”).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please refer to PTO-892 form for list of cited references.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHIREF M MEKHAEIL whose telephone number is (571)270-5334. The examiner can normally be reached 10-7 Mon-Fri.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Daniel Cahn can be reached at 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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/S.M.M/Examiner, Art Unit 3634
/DANIEL P CAHN/Supervisory Patent Examiner, Art Unit 3634
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