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 .
Specification
The corrected Abstract was received on 6/5/26 and is accepted.
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, 3-7, 15, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over CN 215107073 (Mikic).
Regarding Claim 1, Mikic teaches a scaffold post, comprising: a base post (41/2) which extends along a longitudinal axis (along the length of 41/2), at least one connecting disc (3) which is inseparably and directly (by welding – see Page 17 of the accompanying translation) attached to an outer circumferential surface of the base post and which has at least one connecting surface (the top surface) which is oriented perpendicular to a longitudinal axis, wherein a plurality of accommodation openings (312) which, starting from the connecting surface, extend in the direction of the longitudinal axis and extend through the connecting disc are incorporated in the connecting disc, and wherein the connecting disc encloses the base post and projects around the entire base post in a radial direction to the longitudinal axis and in a circumferential direction (see Fig. 4), at least two connection hooks (43) which are attached to an outer circumferential surface of the base post and, when viewed from above, extend, in a direction of extension, radially away from the longitudinal axis from a plane perpendicular to the longitudinal axis; at least two partial connecting discs (31, see Fig. 1) which are inseparably and directly attached to the outer circumferential surface of the base post (by welding – see Page 17 of the accompanying translation) and which have at least one connecting surface (the top surface) which is oriented perpendicular to the longitudinal axis, wherein a plurality of accommodation openings (312) which, starting from the connecting surface, extend in the direction of the longitudinal axis and extend through the partial connecting disc are incorporated in each of the partial connecting discs, and wherein the partial connecting discs project beyond the base post to different extents in a radial direction to the longitudinal axis as viewed in a circumferential direction around the base post, wherein each partial connecting disc radially projects beyond the base post to a lesser extent in a direction (along line A-A – see below) parallel to the direction of extension than in directions (perpendicular to line A-A) perpendicular and opposite to the direction of extension, and wherein the connection hooks project further beyond the circumferential surface of the base post in the direction of extension than the partial connecting discs project beyond the circumferential surface of the base post in the direction of extension (see Fig. 7).
Mikic is silent on the attachment means for the connection hooks, but teaches the use of welding for the rest of the parts attached to the outer circumferential surface of the base post. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Mikic by using welding to attach the connection hooks as taught by Mikic in order to securely and permanently attach the hooks to the base post. Such a device, as modified, would therefore have the connection hooks inseparably and directly attached (via such welding) to the outer circumferential surface of the base post.
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Regarding Claim 3, Mikic, as modified, teaches that the shape and the size of the accommodation openings of the partial connecting disc are implemented so that they are identical to the shape and the size of the accommodation openings of the connecting disc, wherein the number (4) of accommodation openings of the connecting disc is larger than the number (3) of the accommodation openings of the partial connecting disc, and/or the partial connecting disc and the connection hook are arranged at a distance to each other (see Figs. 5 and 7) in the direction of the longitudinal axis.
Regarding Claim 4, Mikic, as modified, teaches that the partial connecting disc is implemented so that it is identical to a portion of the connecting disc, wherein this portion is defined by an edge (at B, see above) which is oriented in a direction perpendicular to the direction of extension (line A-A), and the edge is arranged at a distance corresponding to the distance from the longitudinal axis to the outer circumferential surface of the base post in the direction of extension +/−20% from the longitudinal axis in the direction of extension.
Regarding Claim 5, Mikic, as modified, teaches that the connecting disc has four accommodation openings (see Fig. 4) which are respectively arranged around the longitudinal axis at an angle of 90° to each other, and the partial connecting disc has three accommodation openings (see Fig. 1) two adjacent accommodation openings of which are arranged around the longitudinal axis at an angle of 90° with respect to an accommodation opening arranged in between, wherein one of the accommodation openings of the connecting disc is oriented in the direction of extension, and the three accommodation openings of the partial connecting dis are flush with the three accommodation openings of the connecting disc which are not oriented in the direction of extension (when the two discs are arranged on a post in series).
Regarding Claim 6, Mikic, as modified, teaches a scaffold section comprising at least one scaffold post according to claim 1, wherein the scaffold post has a substantially vertical orientation (see Fig. 2), further comprising: at least one scaffold element which is formed by a horizontal transom (6) or a railing beam and has a substantially horizontal orientation, wherein either a railing beam is positively connected to a connection hook of the scaffold post, or a horizontal transom is positively connected to a partial connecting disc.
Regarding Claim 7, Mikic, as modified, teaches (see Fig. 2) that at least four scaffold posts are provided, wherein respectively two scaffold posts are connected to each other and arranged one above the other in a vertical orientation in the direction of the longitudinal axis, wherein respectively one such combination of two scaffold posts is oriented parallel to another such combination of two scaffold posts, wherein respectively one of the lower scaffold posts is connected to a horizontal transom (such as 6 at 1 on the lower right), and respectively one end of the horizontal transom is positively connected to a partial connecting disc, and wherein respectively one of the upper scaffold posts is connected to a railing beam (44), and respectively one end of the railing beam is positively connected to a connection hook, and wherein the connection hook and the direction of extension of the two upper scaffold posts are oriented in the direction opposite to the connection hook and to the direction of extension of the two lower railing posts.
Regarding Claim 15, Mikic, as modified, teaches that the scaffold post is for vertically oriented installation in a scaffold section (see Fig. 2).
Regarding Claim 16, Mikic, as modified, teaches that the at least one connecting disc is attached to the outer circumferential surface of the base post by a weld connection; the at least two connection hooks are attached to the outer circumferential surface of the base post by a weld connection; and the at least two partial connecting discs are attached to the outer circumferential surface of the base post by a weld connection (see above).
Claims 2 and 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over CN 215107073 (Mikic) as applied to Claim 1 above.
Regarding Claim 2, Mikic, as modified, is silent on the exact assembly of the device, but inherently teaches a device that can be arranged so that along the longitudinal axis, starting from a first end of the base post, first the connecting disc, at a distance to it, a first partial connecting disc, and, on the side of the first partial connecting disc opposite to the connecting disc, at a distance, a second partial connecting disc are arranged, wherein the distance between the connecting disc and the first partial connecting disc and the distance between the first partial connecting disc and the second partial connecting disc are equally large or are different from each other by a maximum of 30% with respect to the distance between the connecting disc and the first partial connecting disc. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Mikic by assembling the device in such a manner in order to meet the scaffolding needs of the individual use case.
Regarding Claim 8, Mikic, as modified, is silent on the exact assembly of the device, but inherently teaches a device that can be arranged so that at least eight scaffold posts are provided, wherein respectively two scaffold posts are connected to each other in the direction of the longitudinal axis and arranged one above the other in a vertical orientation, wherein respectively one such combination of two scaffold posts is oriented parallel to another such combination of two scaffold posts, wherein the two lower scaffold posts are connected to a horizontal transom (such as 6), and respectively one end of this horizontal transom is positively connected to a partial connecting disc of a scaffold post, and wherein the two upper scaffold posts are connected to a railing beam (such as 42 or 44), and respectively one end of the railing beam is positively connected to a connection hook of a scaffold post, and wherein the connection hook and the direction of extension of the two upper scaffold posts are oriented in the direction opposite to the connection hook and the direction of extension of the two lower railing posts so that a two-dimensional frame is formed, and wherein, moreover, respectively two scaffold posts are connected to each other in the direction of the longitudinal axis and arranged one above the other in a vertical orientation so that two additional combinations of two scaffold posts oriented one above the other are formed, and these additional combinations are respectively oriented parallel to one of the combinations of the two-dimensional frame and positioned at a distance from the two-dimensional frame, wherein the two additional combinations are respectively arranged in the two-dimensional frame in the direction of extension of a scaffold post or in a direction opposite thereto, and the two additional combinations are respectively connected to the two-dimensional frame by at least two horizontally oriented horizontal transoms, wherein the these horizontal transoms are positively connected to a partial connecting disc or to a connecting disc of a scaffold post in the two-dimensional frame and to a partial connecting disc or to a connecting disc of a scaffold post in another combination, respectively. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Mikic by assembling the device in such a manner in order to meet the scaffolding needs of the individual use case.
Regarding Claim 9, Mikic, as modified, is silent on the exact assembly of the device, but inherently teaches a device that can be arranged so that four of the scaffold posts define a lower level of the scaffold section, wherein adjacent scaffold posts in the lower level are respectively connected by at least one horizontal transom, wherein these horizontal transoms are positively connected to a partial connecting disc of the adjacent scaffold posts, respectively, and four additional scaffold posts define an upper level of the scaffold section, wherein at least two adjacent scaffold posts in the upper level are connected to each other by a horizontally oriented railing beam, wherein this railing beam is positively connected to a connection hook of the adjacent scaffold posts, respectively. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Mikic by assembling the device in such a manner in order to meet the scaffolding needs of the individual use case.
Regarding Claim 10, Mikic, as modified, is silent on the exact assembly of the device, but inherently teaches a device that can be arranged so that in the lower level of the scaffold section, at least two adjacent scaffold posts are connected by means of two parallelly oriented horizontal transoms which are positively connected to a partial connecting disc of a scaffold post, respectively, and in that, in the upper level of the scaffold section, at least two adjacent scaffold posts are connected by means of two parallelly oriented railing beams which are positively connected to a connection hook of a scaffold post, respectively.
Claims 11-14 are rejected under 35 U.S.C. 103 as being unpatentable over CN 215107073 (Mikic) as applied to Claim 1 above.
Regarding Claim 11, Mikic, as modified, teaches, through the normal and customary use of the device, a method for constructing a scaffold section, comprising the steps of: A) providing at least one scaffold post (see Fig. 2) according to claim 1, B) deciding whether a scaffold section having an increased rigidity is required, wherein, in this case, the method is continued with process step C), or whether a scaffold section having a lower rigidity is required, wherein, in this case, the method is continued with process step D), C) connecting a horizontal transom (such as 6) to a partial connecting disc of the scaffold post, wherein one end of the horizontal transom is positively connected to the partial connecting disc, D) connecting a railing beam (such as 44) to a connection hook of the scaffold post, wherein one end of the railing beam is positively connected to the connection hook. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Mikic by assembling the device in such a manner as to meet the needs of the individual work site.
Regarding Claim 12, Mikic, as modified, inherently teaches that in the case in which process step C) was performed, at least one additional scaffold post (see Fig. 2, there is another post) is provided and positively connected to the other end of the horizontal transom by means of one of its partial connecting discs, and at least two additional scaffold posts are provided which, in a vertical orientation, are connected to one of the already connected scaffold posts by respectively at least one additional horizontal transom (such as 42), wherein this connection is established by means of respectively one connecting disc or partial connecting disc on each scaffold post.
Regarding 13, Mikic, as modified, inherently teaches that in the case in which process step D) was performed, at least one additional scaffold post (see Fig. 2) is provided and positively connected to the other end of the railing beam by means of one of its connection hooks, and at least two additional scaffold posts are provided, which, in a vertical orientation, are connected to one of the already connected scaffold posts by respectively at least one horizontal transom (such as 42), wherein this connection is established by means of respectively one connecting disc on each scaffold post.
Regarding Claim 14, Mikic, as modified, inherently teaches that, a scaffold section which constitutes a lower level of the scaffold section is assembled, and then a scaffold section is installed on the lower level, wherein the direction of extension of the scaffold posts of the upper level is oriented in the direction opposite to the direction of extension of the scaffold posts of the lower level so that a scaffold section having two levels arranged one above the other is obtained the lower level of which has a higher rigidity than its upper level (the device can inherently be arranged in such a manner).
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over CN 215107073 (Mikic).
Mikic teaches a scaffold post, comprising: a base post (41/2) which extends along a longitudinal axis (along the length of 41/2), at least one connecting disc (3) which is attached to the base post and which has at least one connecting surface (the top surface) which is oriented perpendicular to a longitudinal axis, wherein a plurality of accommodation openings (312) which, starting from the connecting surface, extend in the direction of the longitudinal axis and extend through the connecting disc are incorporated in the connecting disc, and wherein the connecting disc encloses the base post and projects around the entire base post in a radial direction to the longitudinal axis and in a circumferential direction (see Fig. 4), at least two connection hooks (43) which are attached to an outer circumferential surface of the base post and, when viewed from above, extend, in a direction of extension, radially away from the longitudinal axis from a plane perpendicular to the longitudinal axis; at least two partial connecting discs (31, see Fig. 1) which are attached to the base post and which have at least one connecting surface (the top surface) which is oriented perpendicular to the longitudinal axis, wherein a plurality of accommodation openings (312) which, starting from the connecting surface, extend in the direction of the longitudinal axis and extend through the partial connecting disc are incorporated in each of the partial connecting discs, and wherein the partial connecting discs project beyond the base post to different extents in a radial direction to the longitudinal axis as viewed in a circumferential direction around the base post, wherein each partial connecting disc radially projects beyond the base post to a lesser extent in a direction (along line A-A – see below) parallel to the direction of extension than in directions (perpendicular to line A-A) perpendicular and opposite to the direction of extension, and wherein the connection hooks project further beyond the circumferential surface of the base post in the direction of extension than the partial connecting discs project beyond the circumferential surface of the base post in the direction of extension (see Fig. 7).
Mikic is silent on the exact order to the components of the base post. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Mikic by assembling the components so that along the longitudinal axis, starting from a first end of the base post, first the connecting disc, at a distance to it, a first partial connecting disc, and, on the side of the first partial connecting disc opposite to the connecting disc, at a distance, a second partial connecting disc are arranged in order to meet the individual needs of the user as the device is designed to be modular and is explicitly designed to meet the application in which it is to be installed.
Allowable Subject Matter
Claims 17, 18, and 20 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.
Response to Arguments
Applicant's arguments filed 6/5/26 have been fully considered but they are not persuasive.
The applicant’s arguments are directed to the nature of the base post itself, while the amendments are directed to the nature of the connection between the discs and hooks and the base post. As the base post has been defined as including elements 2 and 41, the connection at issue is taught by the reference. In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., that the base post is a singular/unitary/inseparable etc. element) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
With respect to the applicant’s arguments regarding Claim 19: the passage of the reference quoted by the applicant is referring to how other elements may be attached to the base post and parts thereof, not to how the base post itself may be assembled. As the device is inherently a modular device and intended to be assembled in a variety of ways, the claimed arrangement is clearly one of the way in which the refence may be assembled.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NOAH C. HAWK whose telephone number is (571)272-1480. The examiner can normally be reached M-F 9am to 5:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Dunn can be reached at 5712726670. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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NOAH C. HAWK
Primary Examiner
Art Unit 3636
/Noah C. Hawk/Primary Examiner, Art Unit 3636
Prosecution Insights