DETAILED ACTION
Drawings
New corrected drawings in compliance with 37 CFR 1.121(d) are required in this application because the reference numerals are barely legible, e.g., reference numeral 22 in Fig. 4. Applicant is advised to employ the services of a competent patent draftsperson outside the Office, as the U.S. Patent and Trademark Office no longer prepares new drawings. The corrected drawings are required in reply to the Office action to avoid abandonment of the application. The requirement for corrected drawings will not be held in abeyance.
Figures 1 and 2 should be designated by a legend such as --Prior Art-- because only that which is old is illustrated, see specification at [0004]. See MPEP § 608.02(g). Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. The replacement sheet(s) should be labeled “Replacement Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore,
the clamping width is at least 10% greater than the unclamped width of claim 1,
the attaching points of claims 6, 8, and 9, and,
the automated clamping bracket of claim 11,
must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 1 is objected to because of the following informalities:
Second to last line, “is” should be removed,
Second to last line, “surface” should be replaced with –side--, and,
Second to last line, “extends” should be replaced with –extending--.
Appropriate correction is required.
Claim 2 is objected to because of the following informalities:
Line 2, “clamped” should be replaced with –clamping--.
Appropriate correction is required.
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 1-11 are rejected under 35 U.S.C. 103 as being unpatentable over Taylor (US5295557) in view of Farlow (US458525).
1. Taylor discloses a manhole platform comprising:
a support plate (14, Fig. 2) for mounting on an upper surface of a concrete manhole (Fig. 1), the support plate having an upper side (Fig. 1) and a lower side (Fig. 2);
a clamping bracket (20, Fig. 2) extending downwardly from the lower side;
and an actuator (38, Fig. 2) positioned to be operable from the upper side of the support plate (14, Fig. 2, note from Figs. 1 and 2 that a worker can reach and operate the handle 38 from the upper side of the support plate); wherein
the clamping bracket comprises an attaching portion (32, Fig. 2) and a clamping portion (20, Fig. 2);
the clamping portion (20, Fig. 2) is moveable between a clamping position and an unclamped position (col. 3, lines 36-62: “Adjustable attachment point 20 provides a threadibly adjustable pin 32 which cooperates with a threaded fitting 34 at the center 24 of adjustable fitting 20. Threaded pin 32 has an extension 36 passing outward from attachment point 20 and includes a handle 38 for leverage when using adjustable attach point 20 for securing platform 10”); and,
a safety cage (46, 48, Fig. 1) formed on the upper surface of the support plate and extending upwardly therefrom.
Taylor fails to disclose wherein, in the clamping position the clamping portion has a clamping width in a first direction parallel to the lower side of the support plate; the attaching portion is attached to the support plate at a proximal end and extends downwardly to a distal end; the clamping portion is attached to the distal end of the attaching portion; in the unclamped position the clamping portion has an unclamped width in the first direction parallel to the lower side of the support plate; the clamping width is at least 10% greater than the unclamped width; and, in both the clamping position and the unclamped position the attaching portion has a width that is less than or equal to the unclamped width.
Farlow teaches, in the context of clamping brackets for manhole platforms, a clamping bracket wherein, in the clamping position the clamping portion (20, Fig. 2) has a clamping width in a first direction parallel to the lower side (Fig. 2) of the support plate (14); the attaching portion (J) is attached to the support plate (C) at a proximal end (Fig. 2) and extends downwardly to a distal end (Fig. 2); the clamping portion (G) is attached to the distal end of the attaching portion (J); in the unclamped position the clamping portion has an unclamped width in the first direction parallel to the lower side of the support plate; the clamping width is at least 10% greater than the unclamped width (Fig. 3); and, in both the clamping position and the unclamped position the attaching portion (J) has a width that is less than or equal to the unclamped width (Fig. 2).
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, in the clamping position the clamping portion has a clamping width in a first direction parallel to the lower side of the support plate; the attaching portion is attached to the support plate at a proximal end and extends downwardly to a distal end; the clamping portion is attached to the distal end of the attaching portion; in the unclamped position the clamping portion has an unclamped width in the first direction parallel to the lower side of the support plate; the clamping width is at least 10% greater than the unclamped width; and, in both the clamping position and the unclamped position the attaching portion has a width that is less than or equal to the unclamped width in the manhole platform of Taylor according to the teachings of Farlow in order to secure the platform to the manhole in a water tight manner, see pg. 1, line 14 of Farlow.
2. Taylor in view of Farlow disclose the manhole platform according to claim 1, wherein the clamping portion (G) is lockable in the clamped position (pg. 2, lines 4-7 of Farlow: “As the nut is tightened, these outer ends of the levers will be forced firmly against the ring, and it will be seen that the cover will be thereby held securely in place”).
3. Taylor in view of Farlow disclose the manhole platform according to claim 1, wherein the support plate consists of a flat plate (see Figs. 1-3 of Taylor).
4. Taylor in view of Farlow disclose the manhole platform according to claim 1, wherein the safety cage includes an openable gate (58, Fig. 1 of Taylor).
5. Taylor in view of Farlow disclose the manhole platform according to claim 1, wherein the safety cage includes a ladder support on an outer side (see Taylor, col. 5, line 49-53).
6. Taylor in view of Farlow disclose the manhole platform according to claim 1, further comprising one or more attaching points attached to the upper side of the support plate (see Taylor, col. 5, lines 21-30: “Generally, such casings C are provided with lift attach points P aligned with the approximate vertical center of gravity, for the attachment of lifting means (not shown) to hoist such a casing C into position. Such casings C will generally weigh from two to three tons; thus, the entire assembly of platform 10 and casing C cannot be lifted solely by means of the lifting rings 60 provided with platform 10”).
7. Taylor in view of Farlow disclose the manhole platform according to claim 1, wherein the attaching portion (J, Fig. 3 of Farlow) of the clamping bracket comprises a bar or rod (G, Fig. 3 of Farlow).
8. Taylor in view of Farlow disclose the manhole platform according to claim 1, further comprising one or more attaching points see Taylor, col. 5, lines 21-30: “Generally, such casings C are provided with lift attach points P aligned with the approximate vertical center of gravity, for the attachment of lifting means (not shown) to hoist such a casing C into position. Such casings C will generally weigh from two to three tons; thus, the entire assembly of platform 10 and casing C cannot be lifted solely by means of the lifting rings 60 provided with platform 10”).
9. Taylor in view of Farlow disclose the manhole platform according to claim 8, wherein the attaching points are formed on an upper surface of the platform see Taylor, col. 5, lines 21-30: “Generally, such casings C are provided with lift attach points P aligned with the approximate vertical center of gravity, for the attachment of lifting means (not shown) to hoist such a casing C into position. Such casings C will generally weigh from two to three tons; thus, the entire assembly of platform 10 and casing C cannot be lifted solely by means of the lifting rings 60 provided with platform 10”).
10. Taylor in view of Farlow disclose the manhole platform according to claim 1, wherein the clamping bracket (20, Fig. 2 of Taylor) is manual and is operated by moving the actuator (38, Fig. 2) between a first position and a second position (Taylor, (col. 3, lines 36-62: “Adjustable attachment point 20 provides a threadibly adjustable pin 32 which cooperates with a threaded fitting 34 at the center 24 of adjustable fitting 20. Threaded pin 32 has an extension 36 passing outward from attachment point 20 and includes a handle 38 for leverage when using adjustable attach point 20 for securing platform 10”).
11. Taylor in view of Farlow fails to disclose the manhole platform according to claim 1, wherein the clamping bracket is automated and the actuator is a lever, switch, or button that acts to operate the clamping bracket. Per MPEP 2144.III, providing automatic means to replace a manual activity is prima facie obvious. 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 clamping bracket is automated and the actuator is a lever, switch, or button that acts to operate the clamping bracket in the manhole platform of Taylor in view of Farlow in order to obviate the need to actuate the clamping bracket manually.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Siegenthaler (US10974940) discloses a manhole adjustment ring removal assembly.
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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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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/BAP/Examiner, Art Unit 3634
/DANIEL P CAHN/Supervisory Patent Examiner, Art Unit 3634
