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 23 and 29-31 are objected to because of the following informalities:
Applicant is advised that should claim 23 be found allowable, claim 29 will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
Claims 30 and 31 are unclear in the way they are written whether they are independent claims or dependent claims. If they are intended to be independent claims, they should include all the limitations of the claims they are referring to, without reference of another claim. If they are dependent, they should include the same preamble as the independent claim from which they depend.
Claims 31 combines two statutory classes, i.e. method and apparatus, in one claim. The combination of different statutory classes in one claim is improper, correction is required.
Appropriate correction is required.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 14-18, 20, 21, 23-27 and 29 are rejected under 35 U.S.C. 103 as being unpatentable over Gartner (International Patent Application WO 2019185573A1) in view of Zanni (United States Patent Application US 2023138486A1).
Regarding Claim 14, Gartner discloses A protection device for protecting installation personnel during installation works on a passenger transport system in the form of an escalator or moving walkway, the protection device comprising: at least one blocking device; and(Figure 1: Maintenance rail 100)at least one support which is connected to the at least one blocking device,(Figure 1: Supports 108)wherein said at least one blocking device extends transversely to the at least one support and along a longitudinal extent of the passenger transport system at least during the installation works,(Figure 1: Slats 110 extending transversely)wherein the at least one support comprises a fastening region at one end of the at least one support, which fastening region is configured for fastening to a supporting structure of the passenger transport system;(Figure 1: Clamping device 116).
However, Gartner does not disclose at least one sensor module; and a signal connecting unit configured to exchange data with the at least one sensor module and with a data transmission module of the passenger transport system, wherein the at least one sensor module is positioned in the fastening region of the at least one support, the at least one sensor module configured to detect the data about a fastening state of the fastening region and to transmit said data via the signal connecting unit to the data transmission module of the passenger transport system.
Zanni discloses a similar protection device comprising at least one sensor module; Anda signal connecting unit configured to exchange data with the at least one sensor module and with a data transmission module of the passenger transport system, wherein the at least one sensor module is positioned in the fastening region of the at least one support, the at least one sensor module configured to detect the data about a fastening state of the fastening region and to transmit said data via the signal connecting unit to the data transmission module of the passenger transport system.(Paragraphs 0064-0067: "The first sensing device 27 and the sensing sensor 16 are connectable to a control system adapted to authorize the machining of the workpiece P when the pressure of the first hydraulic fluid under pressure in the first chamber 26 and the pressure of the air in the sensing channel 15 are simultaneously higher than their respective threshold values. The control system, not shown in the figures, consists, e.g., of a control unit (electronic, hydraulic or a combination of both) that manages the operation of the machine tool M. In actual facts, in order to consent to the start of the mechanical machining on the workpiece P, the control system carries out a double check: it checks whether the first chamber 26 is pressurized, i.e., it is supplied with the first pressurized hydraulic fluid; and it checks whether the sensing channel 15 is pressurized, i.e. it is closed and air cannot vent outwards. If both of these circumstances occur at the same time, then the control system senses that the clamping unit is correctly arranged in the clamping position and consents to the tools of the machine tool M to carry out the machining operations; such a circumstance is shown in FIG. 3 .").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Gartner to include the sensor module as taught by Zanni. The motivation for the modification would have been to allow for an apparatus that correctly clamps workpieces onto a mounting surface and prevents the clamped workpiece from beings worked on or unloaded when not properly places, clamped or released (Paragraphs 0010-0014).
Regarding Claim 15, Gartner in view of Zanni discloses the protection device of claim 14, as seen above. Gartner further discloses wherein the fastening region of the at least one support is configured as a clamping region, wherein the clamping region is configured as a panel clamping region of a balustrade panel of the passenger transport system and is configured to be fastened in a clamping device fixedly installed on the supporting structure of the passenger transport system,(Figure 2: Shows fastening device 16 clamped onto carrier support 102), and Zanni further discloses and wherein the at least one sensor module is configured to detect whether or not the clamping region is fastened in the clamping device.(Paragraph 0064: "The first sensing device 27 and the sensing sensor 16 are connectable to a control system adapted to authorize the machining of the workpiece P when the pressure of the first hydraulic fluid under pressure in the first chamber 26 and the pressure of the air in the sensing channel 15 are simultaneously higher than their respective threshold values.").
Regarding Claim 16, Gartner in view of Zanni discloses the protection device of claim 14, as seen above. Gartner further discloses wherein the fastening region of the at least one support is configured as a clamp device for fastening to the supporting structure of the passenger transport system, wherein the clamp device has a clamping plate and at least one clamping claw which can be braced toward the clamping plate,(Page 5, lines 270-278: "FIG. 2 shows a three-dimensional illustration of a fastening device 106 according to an exemplary embodiment. The fastening device 106 corresponds substantially to the fastening device in FIG. 1 The clamping device 116 is shown here with more detail. The fixed jaw 120 is hook-shaped and has a groove 200 in which a first side surface 202 of the carrier 102 is arranged. Due to the groove 200, the fixed jaw has a support surface 204, a clamping surface 206 and a holding surface 208. The support surface 204 rests on a first surface 210 of the carrier 102 oriented transversely to the first side surface 202. The clamping surface 206 is oriented substantially perpendicular to the support surface 204 and abuts the first side surface 202. The support surface 208 is oriented substantially parallel to the support surface 204 and spaced from the support surface 204 by a width of the groove 200. The width of the groove 200 is slightly greater than a material thickness of the carrier 102.") and Zanni further discloses wherein the at least one sensor module is positioned in the at least one clamping claw and/or in the clamping plate, (Figure 5: Shows sensor 16 within clamping unit 3)and wherein the at least one sensor module is configured to detect whether or not a region of the supporting structure is fastened between the clamping plate and the at least one clamping claw.(Paragraph 0064: "The first sensing device 27 and the sensing sensor 16 are connectable to a control system adapted to authorize the machining of the workpiece P when the pressure of the first hydraulic fluid under pressure in the first chamber 26 and the pressure of the air in the sensing channel 15 are simultaneously higher than their respective threshold values.").
Regarding Claim 17, Gartner in view of Zanni discloses the protection device of claim 14, as seen above. Gartner further discloses wherein at least two of the at least one support are fixedly connected to at least one of the at least one blocking device and form a rigid railing.(Figure 1: Supports 108 and slats 110)
Regarding Claim 18, Gartner in view of Zanni discloses the protection device of claim 14, as seen above. Gartner further discloses wherein the at least one support comprises a receptacle, in which the at least one blocking device is positioned in so as to protrude from the receptacle.(Figure 1: Retaining means 112)
Regarding Claim 20, Gartner in view of Zanni discloses the protection device of claim 14, as seen above. Zanni further discloses wherein the at least one support comprises a hinge positioned between the fastening region and the at least one blocking device so that the at least one support is configured to pivot between a transport position and an installation position,(Paragraph 0033: "Conveniently, the clamping unit 3 comprises: at least one bracket element 4 hinged to a movable portion 5 around a first hinging axis A and adapted to come into contact with the workpiece P in the clamping position; at least one hinging linkage 6 , 7 hinged to the basic frame 2 around a second hinging axis B and hinged to the bracket element 4 around a third hinging axis C.") and wherein one of the at least one sensor module is positioned in a region of the hinge,(Figure 4: Sensor 16) which sensor module is configured to detect hinge data about a position state of the hinge and transmit said hinge data via the signal connecting unit to the data transmission module of the passenger transport system.(Paragraph 0064: "The first sensing device 27 and the sensing sensor 16 are connectable to a control system adapted to authorize the machining of the workpiece P when the pressure of the first hydraulic fluid under pressure in the first chamber 26 and the pressure of the air in the sensing channel 15 are simultaneously higher than their respective threshold values.")
Regarding Claim 21, Gartner in view of Zanni discloses the protection device of claim 20, as seen above. Gartner further discloses wherein one of the at least one blocking device connected to the at least one support is configured to block pivoting of the hinge at least in the installation position.(Page 1, lines 38-41: "A clamping device for maintaining the clamping device in the open state and for maintaining the clamping device in the closed state in a locking position; and a blocking device by which the slide is blocked in the locking position when the support is inserted into the receiving device and by which the slide is released when no support is inserted into the receiving device (300).")
Regarding Claim 23, Gartner in view of Zanni discloses the protection device of claim 14, as seen above. Zanni further discloses wherein the at least one sensor module comprises a passive or active RFID chip (Paragraph 0065: "The control system, not shown in the figures, consists, e.g., of a control unit (electronic, hydraulic or a combination of both) that manages the operation of the machine tool M.", wherein an electronic control system is common in the art as having an RFID chip)and at least one sensor element from the group: force measurement sensor, bipolar switch, proximity sensor, optical sensor.(Paragraph 0044: "The first pneumatic circuit 17 is provided with the sensing sensor 16 (such as a pressure switch), by means of which the air pressure inside the sensing channel 15 can be known.")
Regarding Claim 24, Gartner in view of Zanni discloses the protection device of claim 23, as seen above. Zanni further discloses wherein the signal connecting unit has an RFID reader and a signal transmission module.(Paragraph 0065: "The control system, not shown in the figures, consists, e.g., of a control unit (electronic, hydraulic or a combination of both) that manages the operation of the machine tool M.", wherein an electronic control system is common in the art as having an RFID chip, and wherein the control system transmits signals to operate the tool)
Regarding Claim 25, Gartner in view of Zanni discloses the protection device of claim 15, as seen above. Gartner further discloses wherein at least two of the at least one support are fixedly connected to at least one of the at least one blocking device and form a rigid railing.(Figure 1: Supports 108 and slats 110)
Regarding Claim 26, Gartner in view of Zanni discloses the protection device of claim 15, as seen above. Gartner further discloses wherein the at least one support comprises a receptacle, in which the at least one blocking device is positioned in so as to protrude from the receptacle.(Figure 1: Retaining means 112)
Regarding Claim 27, Gartner in view of Zanni discloses the protection device of claim 18, as seen above. Zanni further discloses wherein the at least one support comprises a hinge positioned between the fastening region and the at least one blocking device or the receptacle of the at least one support so that the at least one support is configured to pivot between a transport position and an installation position, (Paragraph 0033: "Conveniently, the clamping unit 3 comprises: at least one bracket element 4 hinged to a movable portion 5 around a first hinging axis A and adapted to come into contact with the workpiece P in the clamping position; at least one hinging linkage 6 , 7 hinged to the basic frame 2 around a second hinging axis B and hinged to the bracket element 4 around a third hinging axis C.")and wherein one of the at least one sensor module is positioned in a region of the hinge,(Figure 4: Sensor 16) which sensor module is configured to detect hinge data about a position state of the hinge and transmit said hinge data via the signal connecting unit to the data transmission module of the passenger transport system.(Paragraph 0064: "The first sensing device 27 and the sensing sensor 16 are connectable to a control system adapted to authorize the machining of the workpiece P when the pressure of the first hydraulic fluid under pressure in the first chamber 26 and the pressure of the air in the sensing channel 15 are simultaneously higher than their respective threshold values.")
Regarding Claim 29, Gartner in view of Zanni discloses the protection device of claim 14, as seen above. Zanni further discloses wherein the at least one sensor module comprises a passive or active RFID chip (Paragraph 0065: "The control system, not shown in the figures, consists, e.g., of a control unit (electronic, hydraulic or a combination of both) that manages the operation of the machine tool M.", wherein an electronic control system is common in the art as having an RFID chip)and at least one sensor element from the group: force measurement sensor, bipolar switch, proximity sensor, optical sensor.(Paragraph 0044: "The first pneumatic circuit 17 is provided with the sensing sensor 16 (such as a pressure switch), by means of which the air pressure inside the sensing channel 15 can be known.").
Allowable Subject Matter
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Claims 19, 22, 28 and 30-33 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:
Regarding Claims 19, there is no prior art alone or in combination that included the combination of recited limitations in Claims 14, 18 and 19. The art alone or in combination did not teach wherein one of the at least one sensor module is positioned in the receptacle, which sensor module is configured to detect receptacle data about an arrangement of the at least one blocking device in the receptacle and to transmit said receptacle data via the signal connecting unit to the data transmission module of the passenger transport system. The closest prior arts of record Gartner (International Patent Application WO 2019185573A1) and Zanni (United States Patent Application US 2023138486A1) teach a similar protection device comprising a blocking device, a support, a fastening region ,a sensor module, and wherein the support comprises a receptacle, but both fail to teach wherein one of the at least one sensor module is positioned in the receptacle, which sensor module is configured to detect receptacle data about an arrangement of the at least one blocking device in the receptacle and to transmit said receptacle data via the signal connecting unit to the data transmission module of the passenger transport system. Additionally, no other references, or reasonable combination thereof, could be found which disclose or suggest these features in combination with other limitations in the claims.
Regarding Claims 22 and 28, there is no prior art alone or in combination that included the combination of recited limitations in Claims 14, 15, 22 and 28. The art alone or in combination did not teach wherein the at least one blocking device is configured such that personal protective equipment can be fastened thereto and at least one of the at least one sensor module is positioned in the at least one support such that the at least one sensor module is configured to detect a stress spike acting on the protection device and to transmit corresponding data via the signal connecting unit to the data transmission module of the passenger transport system. The closest prior arts of record Gartner (International Patent Application WO 2019185573A1) and Zanni (United States Patent Application US 2023138486A1) teach a similar protection device comprising a blocking device, a support, a fastening region ,a sensor module, and wherein the support is configured as a clamping region, but both fail to teach wherein the at least one blocking device is configured such that personal protective equipment can be fastened thereto and at least one of the at least one sensor module is positioned in the at least one support such that the at least one sensor module is configured to detect a stress spike acting on the protection device and to transmit corresponding data via the signal connecting unit to the data transmission module of the passenger transport system. Additionally, no other references, or reasonable combination thereof, could be found which disclose or suggest these features in combination with other limitations in the claims.
Regarding Claims 30-33, there is no prior art alone or in combination that included the combination of recited limitations in Claims 14 and 30-33. The art alone or in combination did not teach wherein the installation script is retrievable from a storage medium via a data connection to the data transmission module of the passenger transport system, and wherein the installation script is configured to be displayed on a screen of the user interaction module and to present, in chronological order, individual installation steps, which are acknowledged with a user input after a current individual installation step has been carried out, in order to call up a subsequent individual installation step; and wherein, in the case of at least one of the individual installation steps, the data from at least one of the at least one sensor module regarding the fastening state of the fastening region of the at least one support of the protection device corresponding to the at least one of the at least one sensor module is retrieved via the data transmission module and the signal connecting unit. The closest prior arts of record Gartner (International Patent Application WO 2019185573A1) and Zanni (United States Patent Application US 2023138486A1) teach a similar protection device comprising a blocking device, a support, a fastening region and a sensor module, but both fail to teach wherein the installation script is retrievable from a storage medium via a data connection to the data transmission module of the passenger transport system, and wherein the installation script is configured to be displayed on a screen of the user interaction module and to present, in chronological order, individual installation steps, which are acknowledged with a user input after a current individual installation step has been carried out, in order to call up a subsequent individual installation step; and wherein, in the case of at least one of the individual installation steps, the data from at least one of the at least one sensor module regarding the fastening state of the fastening region of the at least one support of the protection device corresponding to the at least one of the at least one sensor module is retrieved via the data transmission module and the signal connecting unit. Additionally, no other references, or reasonable combination thereof, could be found which disclose or suggest these features in combination with other limitations in the claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
United States Patent US 11,697,518 B2 (Werner, Juergen): This patent has been deemed pertinent due to its similarities between Claims 14-33. Werner teaches a similar device handling articles comprising a work module and a folding mechanism to erect back and front flaps of the packaging type, as seen in Figure 2.
United States Patent Application US 2018/0319631 A1 (Illedits, Thomas): This patent application has been deemed pertinent due to its similarities between Claims 14-33. Illedits teaches a similar support structure for a passenger transport system comprising load bearing framework components wherein a plurality of framework components are installed and assembled connecting to each other, as seen in Figure 1.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ABBY ALLURA JORGENSEN whose telephone number is (571)270-7124. The examiner can normally be reached M-F 8-5:30.
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/ABBY A JORGENSEN/ Examiner, Art Unit 3651
/GENE O CRAWFORD/ Supervisory Patent Examiner, Art Unit 3651