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 .
Status of Claims
Claims 36-55 as filed on 09/08/2025 are pending and herewith considered as indicated below.
Claims 1-35 as filed 05/15/2024 have been cancelled as of 09/08/2025.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 36-55 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In regards to Claim 36, “the first beam support” as recited in line 3 lacks proper
antecedent basis. It appears “the first beam support” is intended to recite “the first support beam” as properly introduced.
In regards to Claim 41, “the width of the head” as recited in line 3 lacks proper
antecedent basis. It appears “the width of the head” is intended to recite “the width transverse to the axis of the head” as properly introduced.
In regards to Claim 46, “in the channels” as recited in lines 4 and 13 lacks proper
antecedent basis. It appears “in the channels” is intended to recite “in the channel” as properly introduced.
In regards to Claim 46, “an axis” as recited in line 15 appears unclear. An axis has been defined and properly introduced in independent claim 36. It appears an axis as used in claim 46 is the same axis as iterated in claim 36. Examiner has interpreted both instances of an axis to be the same.
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.
Claims 36-38 and 55 are rejected under 35 U.S.C. 103 as being unpatentable over Lung Ching Shih (US 20150322675)(Herein Shih) in view of Zhang et al. (US 20160138261 A1)(Herein Zhang).
In regards to Claim 36, Shih discloses
A beam assembly [Fig 6, Showing Beam Assembly] for use with a scaffolding system,
the beam assembly [Fig 6, Showing Beam Assembly] comprising:
a first support beam (10) [Fig 8] that extends axially [Fig 6, Showing Extending Axially] relative to an axis and configured to provide structural support [0007] for the scaffolding system [Intended Use], the first beam support (10) [Fig 8] including:
an upper attachment portion [Fig 5, Upper Portion of element (10), adjacent to element (22)] having a first width transverse to the axis [Fig 5, Showing a first width transverse to the axis], the upper attachment portion [Fig 5, Upper Portion of element (10), adjacent to element (22)] formed to define a plurality of first through holes (25) [Fig 5] that extend transverse to the axis [Fig 5, Showing extend transverse to the axis] through the upper attachment portion [Fig 5, Upper Portion of element (10), adjacent to element (22)], the plurality of first through holes (25) [Fig 5] having a first diameter [Fig 5, Showing First Diameter] and being spaced apart from one another axially with a preset spacing distance [Fig 5, Showing spaced apart from one another axially] [0033],
a lower attachment portion [Fig 5, Lower Portion of element (10), adjacent to element (23)] spaced apart vertically [Fig 5] from the upper attachment portion [Fig 5, Upper Portion of element (10), adjacent to element (22)], the lower attachment portion [Fig 5, Upper Portion of element (10), adjacent to element (23)] having a second width transverse to the axis [Fig 5, Showing second width transverse to the axis], the lower attachment portion [Fig 5, Upper Portion of element (10), adjacent to element (23)] formed to define a plurality of second through holes (28) [Fig 12] [0035] that extend transverse to the axis [Fig 12, Showing extending transverse] through the lower attachment portion [Fig 5, Lower Portion of element (10), adjacent to element (23)], and the plurality of second through holes (28) [Fig 12] [0035] being spaced apart from one another axially with the preset spacing distance [Fig 5, Showing spaced apart from one another axially] ,
a web portion [Fig 5, Middle portion of element (10), adjacent Upper and Lower Mount] that extends vertically between and interconnects [Fig 5, Showing web extending vertically and interconnecting upper and lower attachment mount] the upper attachment portion [Fig 5, Upper Portion of element (10), adjacent to element (22)] and the lower attachment portion [Fig 5, Lower Portion of element (10), adjacent to element (23)],
wherein the web portion [Fig 5, Middle portion of element (10), adjacent Upper and Lower Mount] is formed to define a plurality of third through holes (211) [Fig 11] [0033] that extend transverse to the axis through the web member [Fig 5, Middle portion of element (10), adjacent Upper and Lower Mount],
However, Shih fails to explicitly disclose
An upper attachment mount, lower attachment mount and a web member.
the plurality of second through holes having a second diameter equal to the first
diameter
the web member having a third width transverse to the axis that is smaller than the first width and the second width to define a channel vertically between the upper attachment mount and the lower attachment mount on two sides of the first support beam
the plurality of third through holes having a third diameter that is greater than the first diameter and the second diameter, and the plurality of third through holes being spaced apart from one another axially
Furthermore, Zhang discloses
An upper attachment mount (32) [Fig 1], lower attachment mount (16) [Fig 1] and a web member (26) [Fig 1].
the web member (26) [Fig 1] having a third width [0025] (D1) [Fig 2A] transverse to the axis that is smaller [Fig 2A, showing smaller] than the first width [Fig 1, Width of (32)] and the second width [Fig 1, Width of (16)] to define a channel [0025] [Fig 1] vertically between the upper attachment mount (32) [Fig 1] and the lower attachment mount (16) [Fig 1] on two sides [Both sides of (10), Fig 8, Shih) of the first support beam (10, Shih) [Fig 8]
Based on the prior art relied upon above, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the beam support assembly (specifically the support beam) by Shih to further an upper attachment mount, lower attachment mount and web member and the web member having a third width transverse to the axis that is smaller than the first width and the second width to define a channel vertically between the upper attachment mount and the lower attachment mount on two sides of the first support beam as disclosed by Zhang. When modified, the upper attachment mount, lower attachment mount and web member with all limitations allow for ease of installation throughout the entire assembly.
Additionally, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the plurality of second through holes of Shih to have a second diameter equal to the first diameter in order to facilitate attachment. When modified, the first and second through holes allow for facilitating secure attachment of a standard sized fastener. When modified to have the same diameter, it allows attachment as intended to either side of the beam. In general, a change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Additionally, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify third plurality of holes of Shih to have the plurality of third through holes having a third diameter that is greater than the first diameter and the second diameter in order to facilitate attachment. When modified, the third plurality of holes being larger in diameter than the first and second through holes allows for accepting passthrough of additional structure, reduced weight or to allow for use of larger fasteners. In general, a change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
In regards to Claim 37, Shih as modified discloses
The beam assembly [Fig 6, Showing Beam Assembly] of claim 36, wherein the upper attachment mount [Fig 5, Upper Portion of element (10), adjacent to element (22)], the lower attachment mount [Fig 5, Lower Portion of element (10), adjacent to element (23)], and the web member [Fig 5, Middle portion of element (10), adjacent Upper and Lower Mount] cooperate to define a passage [Unnumbered, Fig 8] (see examiners comments) that extends axially [As shown in Fig 6] through the first support beam (10) [Fig 8].
In regards to Claim 38, Shih as modified discloses
The beam assembly [Fig 6, Showing Beam Assembly] of claim 37 further comprising a joining beam (50) [Fig 8] that extends [Fig 8] [0039] into the passage [Unnumbered, Fig 8] (see examiners comments) formed in the first support beam (10) [Fig 8], the joining beam (50) [Fig 8] including an upper flange [Fig 8, Upper portion of (50)], a lower flange [Fig 8, Lower portion of (50)] spaced apart vertically from the upper flange [Fig 8, Upper portion of (50)], and a web [Fig 8, Middle portion of (50)] that extends vertically [Fig 8] between and interconnects the upper flange [Fig 8, Upper portion of (50)] and the lower flange [Fig 8, Lower portion of (50)].
In regards to Claim 55, Shih discloses
The beam assembly [Fig 6, Showing Beam Assembly] of claim 36, wherein the plurality of first through holes (25) [Fig 5], the plurality of second through holes (28) [Fig 12] [0035], and the plurality of third through holes (211) [Fig 11] [0033] extend in a same direction transverse to the axis [Fig 11, Showing extending in a same direction].
Claim 39 are rejected under 35 U.S.C. 103 as being unpatentable over Lung Ching Shih (US 20150322675)(Herein Shih) in view of Zhang et al. (US 20160138261 A1)(Herein Zhang) and McDonald (US 10151100).
In regards to Claim 39, Shih as modified discloses
The beam assembly [Fig 6, Showing Beam Assembly] of claim 38
McDonald discloses
wherein the upper flange [Fig 8, Upper portion of (50) , Shih] is formed to define a plurality of first joining beam (50, Shih) [Fig 8-9] through holes (9) [Fig 9] that are spaced apart from one another axially [As shown in Fig 9] with the preset spacing distance [As shown in Fig 9] such that the plurality of first joining beam (50, Shih) [Fig 8-9] through holes (9) [Fig 9] are configured to align with the plurality of first through holes (25, Shih) [Fig 5], the lower flange [Fig 8, Lower portion of (50) , Shih] is formed to define a plurality of second joining beam (50, Shih) [Fig 8-9] through holes (9) [Fig 9] that are spaced apart from one another axially [As shown in Fig 9] with the preset spacing distance [As shown in Fig 9] such that the plurality of second joining beam (50, Shih) [Fig 8-9] through holes (9) [Fig 9] are configured to align with the plurality of second through holes (28, Shih) [Fig 12] [0035], and the web [Fig 8, Middle portion of (50) , Shih] is formed to define a plurality of third joining beam (10) [Fig 9] through holes (16) [Fig 9] that are spaced apart from one another axially [As shown in Fig 9] such that the plurality of third joining beam (50, Shih) [Fig 8-9] through holes (16) [Fig 9] are configured to align with the plurality of third through holes (211, Shih) [Fig 11] [0033].
Based on the prior art relied upon above, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the beam assembly by Shih to further include the first, second and third plurality joining beam through holes as disclosed by McDonald. When modified, the upper flange, lower flange and web with the added plurality of joining beam through holes all for ease of installation and connection between different beam sections in regards to the beam assembly as intended.
Claims 40-42 are rejected under 35 U.S.C. 103 as being unpatentable over Lung Ching Shih (US 20150322675)(Herein Shih) in view Zhang et al. (US 20160138261 A1)(Herein Zhang). and Jeske (US 20170051498 A1).
In regards to Claim 40, Shih as modified discloses
The beam assembly [Fig 6, Showing Beam Assembly] of claim 36. However, fails to disclose wherein the first support beam further includes a top rail that extends away from the upper attachment mount, the top rail having a stem coupled with the upper attachment mount and head having a width transverse to the axis that is greater than a width of the stem.
Furthermore, Jeske discloses
wherein the first support beam (10, Shih) [Fig 8] further includes a top rail (400) [Fig 4] that extends away from the upper attachment mount [Fig 5, Upper Portion of element (10), adjacent to element (22), Shih], the top rail (400) [Fig 4] having a stem (103) [Fig 4] coupled with the upper attachment mount [Fig 5, Upper Portion of element (10), adjacent to element (22) , Shih] and head (109) [Fig 4] having a width transverse to the axis [As shown in Fig 4] that is greater than a width of the stem (103) [Fig 4].
Based on the prior art relied upon above, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the beam assembly by Shih to further include wherein the first support beam further includes a top rail that extends away from the upper attachment mount, the top rail having a stem coupled with the upper attachment mount and head having a width transverse to the axis that is greater than a width of the stem as disclosed by Jeske. When modified, the top rail with all limitations allows for ease of installation, maintaining structural integrity of the beam assembly and allows for post connect.
In regards to Claim 41, Shih as modified discloses
The beam assembly [Fig 6, Showing Beam Assembly] of claim 40, wherein the head (109, Jeske) [Fig 4] includes a flat outermost surface (109c, Jeske) [Fig 4] and a T-bolt slot (111, Jeske) [Fig 4] that extends axially [Fig 4, Showing Extending Axially, Jeske] along a length of the first support beam (10) [Fig 8] and opens outwardly [As seen in Fig 4, Showing Opening Out of the flat outermost surface, Jeske] out of the flat outermost surface (109c, Jeske) [Fig 4], and the lower attachment mount [Fig 5, Lower Portion of element (10), adjacent to element (23)] is formed to define a T-bolt slot (111) [Fig 4] that opens through a lowermost surface [Unnumbered, Fig 4, Jeske] (see examiners comment) of the lower attachment mount [Fig 5, Lower Portion of element (10), adjacent to element (23)].
However, Shih as modified with Jeske fails to disclose wherein the width of the head is about 48.3 millimeters
However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify width of the head of Jeske to have size of 48.3 millimeters in order to facilitate post attachment. When modified the 48.3-millimeter head allows for ease of procurement and attachment as a size of 48.3 millimeters is readily available. In general, a change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
In regards to Claim 42, Shih as modified discloses
The beam assembly [Fig 6, Showing Beam Assembly] of claim 40. However, fails to disclose wherein the head is D-shaped when viewed along the axis.
However, it would have been obvious as a matter of choice to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the head of Jeske to have a D in shape in order to allow for increased stability in use comparatively to the triangular shape of Jaske. In general, it has been held that a mere change in shape of a component is within the level of ordinary skill in the art absent persuasive evidence that a particular configuration of the claimed shape is significant. In re Dailey, 357 F.2d 669, 149.
Claim 47 is rejected under 35 U.S.C. 103 as being unpatentable over Lung Ching Shih (US 20150322675)(Herein Shih) in view Zhang et al. (US 20160138261 A1)(Herein Zhang) and Antrag Auf Nichtnennung (DE 102018103898 A1)(Herein Nichtnennung).
In regards to Claim 47, Shih as modified discloses
The beam assembly [Fig 6, Showing Beam Assembly] of claim 36.
However, Shih fails to disclose
further comprising a scaffold post connector that includes a beam connector configured to couple with the first support beam and a post coupler configured to couple with an upright scaffold post,
wherein the beam connector includes a mount plate, a first flange that extends away from the mount plate , and a second flange that extends away from the mount plate, the first flange being spaced apart from the second flange to receive the first support beam therebetween, and the first flange and the second flange each including a plurality of through holes that align with at least one of the plurality of first through holes and the plurality of second through holes to allow fasteners to extend through the first flange, the second flange, and at least one of the upper attachment mount and the lower attachment mount of the first support beam,
wherein the post coupler is coupled with the mount plate and extends away from the first flange and the second flange and the post coupler is formed to mate with a male or female end of the upright scaffold post,
wherein the plurality of through holes are elongated in a direction of the axis.
Furthermore, Nichtnennung discloses
further comprising a scaffold post connector (40) [Fig 5] that includes a beam connector (90) [Fig 5] configured to couple [Fig 5, Showing Fastener Holes] with the first support beam (10, Shih) [Fig 8] and a post coupler (100) [Fig 5] configured to couple [Fig 5, Showing Fastener Holes] with an upright scaffold post (94) [Fig 5],
wherein the beam connector (90) [Fig 5] includes a mount plate (98) [Fig 5], a first flange (97.1) [Fig 5] that extends away [Fig 5, Showing extending below] from the mount plate (98) [Fig 5] , and a second flange (97.2) [Fig 5] that extends away [Fig 5, Showing extending below] from the mount plate (98) [Fig 5], the first flange (97.1) [Fig 5] being spaced apart [Fig 5, Showing Spaced] from the second flange (97.2) [Fig 5] to receive the first support beam (10, Shih) [Fig 8] therebetween, and the first flange (97.1) [Fig 5] and the second flange (97.2) [Fig 5] each including a plurality of through holes (87.1, 87.2) [Fig 5] that align with at least one of the plurality of first through holes (25, Shih) [Fig 5] and the plurality of second through holes (28, Shih) [Fig 12] [0035] to allow fasteners [As intended, elements (87.1 , 87.2) are called “fastener holes” ] to extend through the first flange (97.1) [Fig 5], the second flange (97.2) [Fig 5], and at least one of the upper attachment mount [Fig 5, Upper Portion of element (10), adjacent to element (22), Shih] and the lower attachment mount [Fig 5, Lower Portion of element (10), adjacent to element (23), Shih] of the first support beam (10, Shih) [Fig 8],
wherein the post coupler (100) [Fig 5] is coupled with the mount plate and extends away [Fig 5, Showing Extending Away] from the first flange (97.1) [Fig 5] and the second flange (97.2) [Fig 5] and the post coupler (100) [Fig 5] is formed to mate with a male or female end of the upright scaffold post (94) [Fig 5],
wherein the plurality of through holes (87.1, 87.2) [Fig 5] are elongated in a direction of the axis [Fig 5, as shown elongated a direction of the axis]
Based on the prior art relied upon above, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the beam assembly by Shih to further include further comprising a scaffold post connector that includes a beam connector configured to couple with the first support beam and a post coupler configured to couple with an upright scaffold post, wherein the beam connector includes a mount plate, a first flange that extends away from the mount plate , and a second flange that extends away from the mount plate, the first flange being spaced apart from the second flange to receive the first support beam therebetween, and the first flange and the second flange each including a plurality of through holes that align with at least one of the plurality of first through holes and the plurality of second through holes to allow fasteners to extend through the first flange, the second flange, and at least one of the upper attachment mount and the lower attachment mount of the first support beam, wherein the post coupler is coupled with the mount plate and extends away from the first flange and the second flange and the post coupler is formed to mate with a male or female end of the upright scaffold post, wherein the plurality of through holes are elongated in a direction of the axis as disclosed by Nichtnennung. When modified, the scaffold post connector with all limitations allows for a releasable connection between the post connector and beam, furthermore providing a handle-connection adapter allowing for positioning at different intervals as preferred in the field. (Nichtnennung, Description, Paragraph 6, “Accordingly, the invention relates to a stick-connection adapter for releasably attaching a stem for a frame to a carrier, the plurality, preferably along an imaginary line, in each case the same carrier mounting position distances of 100 mm or an integral multiple of 100 mm to each other arranged carrier attachment means of carrier attachment means and / or for releasably attaching to a extending in the direction of its stem axis of a scaffold”.)
Claim 48 is rejected under 35 U.S.C. 103 as being unpatentable over Lung Ching Shih (US 20150322675)(Herein Shih) in view Zhang et al. (US 20160138261 A1)(Herein Zhang) and Antrag Auf Nichtnennung (DE 102018103898 A1)(Herein Nichtnennung)
In regards to Claim 48, Shih as modified discloses
The beam assembly [Fig 6, Showing Beam Assembly] of claim 37
wherein the joining beam stub (50) [Figs 8-9] includes an upper flange [Figs 8-9, Upper portion of element (50)] configured to be received in the upper attachment mount [Fig 8-9, Upper Portion of element (10), adjacent to element (22), Shih], a lower flange [Figs 8-9, Lower portion of element (50)] configured to be received in the lower attachment mount [Fig 8-9, Upper Portion of element (10), adjacent to element (23), Shih], and a web [Fig 9, Middle portion of element (50)] that extends between and interconnects the upper flange [Figs 8-9, Upper portion of element (50)] and the lower flange [Figs 8-9, Upper portion of element (50)], and the web [Figs 8-9, Middle portion of element (50)] is configured to be received in the web member [Fig 8-9, Middle portion of element (10), adjacent Upper and Lower Mount]
However, Shih fails to disclose
further comprising a guardrail post configured to couple with the first support beam and an upright scaffold post, the guard rail post including a joining beam stub configured to be received in the passage formed in the first support beam and a post coupler coupled with the joining beam stub and extending vertically to mate with the upright scaffold post,
the upper flange is formed to define a plurality of first joining beam through holes that are spaced apart from one another axially with the preset spacing distance such that the plurality of first joining beam through holes are configured to align with the plurality of first through holes, the lower flange is formed to define a plurality of second joining beam through holes that are spaced apart from one another axially with the preset spacing distance such that the plurality of second joining beam through holes are configured to align with the plurality of second through holes, and the web is formed to define a plurality of third joining beam through holes that are spaced apart from one another axially such that the plurality of third joining beam through holes are configured to align with the plurality of third through holes.
Furthermore, Nichtnennung discloses
a guardrail post (40) [Fig 5] configured to couple with the first support beam (10, Shih) [Fig 8] and an upright scaffold post (94) [Fig 5], the guard rail post (40) [Fig 5] including a joining beam stub (50, Shih) [Figs 8-9] configured to be received in the passage [Unnumbered, Fig 8, Shih] (see examiners comments) formed in the first support beam (10, Shih) [Fig 8] and a post coupler (40) [Fig 5] coupled with the joining beam stub (50, Shih) [Figs 8-9] and extending vertically [Extending Vertically, as shown in Fig 8] to mate with the upright scaffold post (94) [Fig 5],
Based on the prior art relied upon above, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the beam assembly by Shih to further include a guardrail post configured to couple with the first support beam and an upright scaffold post, the guard rail post including a joining beam stub configured to be received in the passage formed in the first support beam and a post coupler coupled with the joining beam stub and extending vertically to mate with the upright scaffold post as disclosed by Nichtnennung. When modified, the guardrail post with all limitations allow for ease of installation regarding safety.
Additionally, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the joining beam stub of Shih to be modified to include the upper flange is formed to define a plurality of first joining beam through holes that are spaced apart from one another axially with the preset spacing distance such that the plurality of first joining beam through holes are configured to align with the plurality of first through holes, the lower flange is formed to define a plurality of second joining beam through holes that are spaced apart from one another axially with the preset spacing distance such that the plurality of second joining beam through holes are configured to align with the plurality of second through holes, and the web is formed to define a plurality of third joining beam through holes that are spaced apart from one another axially such that the plurality of third joining beam through holes are configured to align with the plurality of third through holes in order to facilitate secure attachment between the guardrail post and the beam as part of the assembly. Furthermore, it would’ve been obvious to one of skill in the art to modify the joining beam to allow for easier attachment since the joining beam as used in Shih is a connecting beam. It has been held that choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success is within the level of ordinary skill in the art. See MPEP 2143 (E).
Claim 49 is rejected under 35 U.S.C. 103 as being unpatentable over Lung Ching Shih (US 20150322675)(Herein Shih) in view Zhang et al. (US 20160138261 A1)(Herein Zhang) and Walraven et al. (US 20100102187 A1)(Herein Walraven)
In regards to Claim 49, Shih as modified discloses
The beam assembly [Fig 6, Showing Beam Assembly] of claim 36.
However, Shih fails to disclose
further comprising an angle bracket configured to couple the first support beam with a second support beam, the angle bracket including a base plate configured to with the first support beam and a joining beam stub that extends away from the base plate and into a passage formed in the second support beam,
wherein the base plate is formed to include a plurality of holes configured to align with subsets of the plurality of first through holes and the plurality of second through holes to allow fasteners to extend through the plurality of holes in the base plate and into the upper attachment mount and the lower attachment mount of the first support beam.
Furthermore, Walraven discloses
an angle bracket (3) [Fig 1] configured to couple the first support beam (10, Shih) [Fig 8] with a second support beam (10, Shih) [Fig 8], the angle bracket (3) [Fig 1] including a base plate (31) [Fig 1] configured to couple [Fig 1, Showing Coupling] with the first support beam (10, Shih) [Fig 8]
wherein the base plate (31) [Fig 1] is formed to include a plurality of holes (33) [Fig 1] configured to align with subsets of the plurality of first through holes (25, Shih) [Fig 5] and the plurality of second through holes (28, Shih) [Fig 12] [0035] to allow fasteners [0015] to extend through the plurality of holes (33) [Fig 1] in the base plate (31) [Fig 1] and into the upper attachment mount [Fig 5, Upper Portion of element (10), adjacent to element (22) , Shih] and the lower attachment mount [Fig 5, Lower Portion of element (10), adjacent to element (23) , Shih] of the first support beam (10) [Fig 8, Shih].
a joining beam stub (32) [Fig 1] that extends away from the base plate (31) [Fig 1] and into a passage [Unnumbered, Fig 8, Shih] (see examiners comments) formed in the second support beam (10, Shih) [Fig 8],
Based on the prior art relied upon above, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the beam assembly by Shih to further include further comprising an angle bracket configured to couple the first support beam with a second support beam, the angle bracket including a base plate configured to with the first support beam, wherein the base plate is formed to include a plurality of holes configured to align with subsets of the plurality of first through holes and the plurality of second through holes to allow fasteners to extend through the plurality of holes in the base plate and into the upper attachment mount and the lower attachment mount of the first support beam and a joining beam stub that extends away from the base plate and into a passage formed in the second support beam as disclosed by Walraven. When modified, the angle bracket with all limitations allows for facilitating attachment between the different beam supports in the beam assembly.
Claims 51-52 are rejected under 35 U.S.C. 103 as being unpatentable over Lung Ching Shih (US 20150322675)(Herein Shih) in view of Zhang et al. (US 20160138261 A1)(Herein Zhang) and Hackney (US 20080277551 A1)
In regards to Claim 51, Shih as modified discloses
The beam assembly [Fig 6, Showing Beam Assembly] of claim 36.
However, fails to disclose
an anchor bracket configured to couple the first support beam with a foundation structure, the anchor bracket including a base plate configured to couple with the foundation structure, a first mount plate that extends away from the base plate, and a second mount plate that extends away from the base plate, the first mount plate and the second mount plate spaced apart from one another therebetween, and the first mount plate and the second mount plate configured to receive fasteners that extend through , through the first support beam, and through the second mount plate.
Furthermore, Hackney discloses
an anchor bracket (300) [Fig 5] configured to couple [Fig 9, Showing Coupling] the first support beam (10, Shih) [Fig 8] with a foundation structure (1) [Fig 9], the anchor bracket (300) [Fig 5] including a base plate (101-6) [Fig 1A] [0030] configured to couple [Fig 9, Showing Coupling] with the foundation structure (1) [Fig 9], a first mount plate (101) [Fig 5] that extends away from the base plate (101-6) [Fig 1A] [0030], and a second mount plate (101) [Fig 5] that extends away from the base plate (101-6) [Fig 1A] [0030], the first mount plate (101) [Fig 5] and the second mount plate (101) [Fig 5] spaced apart from one another [Fig 9, Showing Spaced Apart to receive beam (3)] to receive the first support beam (10, Shih) [Fig 8] therebetween, and the first mount plate (101) [Fig 5] and the second mount plate (101) [Fig 5] configured to receive fasteners (1000) [Fig 9] that extend through [Fig 9, Showing Extending Through] the first mount plate (101) [Fig 5], through the first support beam (10, Shih) [Fig 8], and through the second mount plate (101) [Fig 5].
Based on the prior art relied upon above, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the beam assembly by Shih to further include an anchor bracket configured to couple the first support beam with a foundation structure, the anchor bracket including a base plate configured to couple with the foundation structure, a first mount plate that extends away from the base plate, and a second mount plate that extends away from the base plate, the first mount plate and the second mount plate spaced apart from one another therebetween, and the first mount plate and the second mount plate configured to receive fasteners that extend through , through the first support beam, and through the second mount plate as disclosed by Hackney. When modified, the anchor bracket with all limitations allowing for connection to a foundational structure (see Hackney, Paragraph 0047]
In regards to Claim 52, Shih as modified discloses,
The beam assembly [Fig 6, Showing Beam Assembly] of claim 51
Hackney discloses,
wherein the first mount plate (101) [Fig 5] and the second mount plate(101) [Fig 5] each are formed to define a first set of holes (101-7) [Fig 9] and a second set of holes (101-7) [Fig 9], the first set of holes (101-7) [Fig 9] are arranged to align with a number of the plurality of first through holes (25, Shih) [Fig 5] and the plurality of second through holes (28, Shih) [Fig 12] [0035] formed in the first support beam (10, Shih) [Fig 8] when the first mount plate (101) [Fig 5] and the second mount plate (101) [Fig 5] are in a first orientation [Fig 3C, Showing first orientation] relative to the first support beam (10, Shih) [Fig 8], and the second set of holes (101-7) [Fig 9]are arranged to align with the number of the plurality of first through holes (25, Shih) [Fig 5] and the plurality of second through holes (28, Shih) [Fig 12] [0035] formed in the first support beam (10, Shih) [Fig 8] when the first mount plate (101) [Fig 5] and the second mount plate (101) [Fig 5] are in a second orientation relative [Fig 9, Showing Second Orientation] to the first support beam (10, Shih) [Fig 8] that is rotated 45 degrees relative to the first orientation [As shown in Figures] .
Claim 54 is rejected under 35 U.S.C. 103 as being unpatentable over Lung Ching Shih (US 20150322675)(Herein Shih) in view of Zhang et al. (US 20160138261 A1)(Herein Zhang) and Seung Wu Lee (KR 20140080399 A)(Herein Lee)
In regards to Claim 54, Shih as modified discloses
The beam assembly [Fig 6, Showing Beam Assembly] of claim 38.
wherein the joining beam (50) [Figs 8-9] includes an upper rectangular tube [Figs 8-9, Showing Upper Rectangular Tube] that forms the upper flange [Fig 8, Upper portion of (50)], a lower rectangular tube [Figs 8-9, Showing Lower Rectangular Tube] that forms the lower flange [Fig 8, Upper portion of (50)], and a web plate [Figs 8-9, Showing Middle Plate] that forms the web (52) [Fig 8] and
However, Shih fails to disclose
wherein the upper rectangular tube and the lower rectangular tube are made of a first material and the web plate is made of a second material that is different than the first material,
wherein the web plate includes a body segment , an upper tab that extends upwardly away from the body segment, and a lower tab that extends downwardly away from the body segment, the upper tab formed to define a plurality of first holes , the lower tab formed to define a plurality of second holes, and the body segment formed to define a plurality of third holes that are larger in diameter than the plurality of first and second holes,
wherein the upper rectangular tube is formed to define a first slot therein and the upper tab of the web plate is received in the first slot and the lower rectangular tube is formed to define a second slot therein and the lower tab of the web plate is received in the second slot.
Furthermore, Lee discloses
wherein the web plate [Figs 8-9, Showing Middle Plate, Shih] includes a body segment [Figs 8-9, Showing Middle Plate, Shih], an upper tab (22) [Fig 7] that extends upwardly [As modified, See below] away from the body segment [Figs 8-9, Showing Middle Plate, Shih], and a lower tab (22) [Fig 7] that extends downwardly away [As modified, See below] from the body segment [Figs 8-9, Showing Middle Plate, Shih], the upper tab [As modified, See below] formed to define a plurality of first holes (221) [Fig 7] , the lower tab (22) [Fig 7] formed to define a plurality of second holes (221) [Fig 7], and the body segment [Figs 8-9, Showing Middle Plate, Shih] formed to define a plurality of third holes (53) [Figs 8-9]
wherein the upper rectangular tube [Figs 8-9, Showing Upper Rectangular Tube, Shih] is formed to define a first slot [Unnumbered] [Fig 7] (see examiners comments) therein and the upper tab (22) [Fig 7] of the web plate is received in the first slot [Unnumbered] [Fig 7] (see examiners comments) and the lower rectangular tube [Figs 8-9, Showing Lower Rectangular Tube, Shih] is formed to define a second slot [Unnumbered] [Fig 7] (see examiners comments) therein and the lower tab (22) [Fig 7] of the web plate [Figs 8-9, Showing Web Plate, Shih] is received in the second slot [Unnumbered] [Fig 7] (see examiners comments).
Based on the prior art relied upon above, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the beam assembly by Shih to further include wherein the web plate includes a body segment , an upper tab that extends upwardly away from the body segment, and a lower tab that extends downwardly away from the body segment, the upper tab formed to define a plurality of first holes , the lower tab formed to define a plurality of second holes, and the body segment formed to define a plurality of third holes that are larger in diameter than the plurality of first and second holes wherein the upper rectangular tube is formed to define a first slot therein and the upper tab of the web plate is received in the first slot and the lower rectangular tube is formed to define a second slot therein and the lower tab of the web plate is received in the second slot as disclosed by Lee. When modified, the web plate with all limitations allow for a redundancy ease of installation and stability, furthermore rotating the upper and lower tabs (as disclosed by Lee) and integrating the tabs to the web plate allows for an increase in structural integrity. Furthermore, allowing installation to go through the slot allows for an ease of connection between all components as disclosed. Additionally, the slot as disclosed by Lee allows for a redundancy structural integration and stability.
However, it would have been obvious as a matter of choice to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the plurality of third holes of Shih to have larger diameter than the plurality of first holes and plurality of second holes in shape in order to facilitate attachment of standard sizes . In general, it has been held that a mere change in shape of a component is within the level of ordinary skill in the art absent persuasive evidence that a particular configuration of the claimed shape is significant. In re Dailey, 357 F.2d 669, 149.
Allowable Subject Matter
Claims 43-46, 50 and 53 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include 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:
In regards to Claim 43, the prior art of record fails to teach the totality of the invention,
in combination with the additionally claimed elements, a ringlock ledger connector configured to couple with the first support beam and one or more ledgers, the ringlock ledger connector including a ringlock connector, a first lock plate, and a second lock plate, the ringlock connector sized to be received and extend through one of the plurality of third through holes, the first lock plate is coupled with the ringlock connector and configured to block the ringlock connector from passing entirely through the one of the plurality of third through holes, and the second lock plate being removably coupled with the ringlock connector.
In regards to Claim 44, the prior art of record fails to teach the totality of the invention,
in combination with the additionally claimed elements, wherein the ringlock connector includes a centerbody configured to be received in the one of the plurality of third through holes, a first connection plate that extends away from the centerbody and formed to define a first aperture therein for receiving a first wedge of a first ledger, and a second connection plate that extends away from the centerbody opposite the first connection plate and formed to define a second aperture therein for receiving a second wedge of a second ledger.
In regards to Claim 45, the prior art of record fails to teach the totality of the invention, in combination with the additionally claimed elements, wherein the first lock plate extends around the first connection plate and is located between the first aperture and the centerbody and wherein the second lock plate is formed to include a slot sized to receive the second connection plate to allow the second lock plate to removably couple with the ringlock connector.
In regards to Claim 46, the prior art of record fails to teach the totality of the invention, in combination with the additionally claimed elements, wherein the first and second lock plates each have curved segments that match a contour of a scaffold post,
wherein the first connection plate and the second connection plate are each rectangular and sized to be received in the channels formed by the web member, the upper attachment mount and wherein the first connection plate and the second connection plate are each configured to engage the upper attachment mount and the lower attachment mount in response to rotation of the ringlock ledger connector to limit rotation of the ringlock ledger connector,
further comprising a ledger coupled with the ringlock ledger connector, the ledger including an elongated support body, a first ledger head at a first end of the elongated support body, and a second ledger head at a second end of the elongated support body opposite the first ledger head,
wherein the ringlock ledger connector is configured to be received in the channels in the first support beam (10) [Fig 8] in a first orientation and a second orientation that is rotated 90 degrees from the first orientation about an axis that extends through the first centerbody, the first connection plate, and the second connection plate.
In regards to Claim 50, the prior art of record fails to teach the totality of the invention, in combination with the additionally claimed elements, wherein the angle bracket further includes a top rail that extends vertically upward from the joining beam stub, the top rail configured to align vertically with a top rail of the first support beam and a top rail of the second support beam.
In regards to Claim 53, the prior art of record fails to teach the totality of the invention, in combination with the additionally claimed elements, wherein the guardrail post further includes a top rail coupled with the joining beam stub.
Examiners Comment
PNG
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727
696
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Greyscale
Jaske, Figure 4
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730
751
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Greyscale
Shih, Figure 8
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. See PTO 892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZAKARIA K. AL-ASWAR whose telephone number is (571)272-6335. The examiner can normally be reached M through F 7:30 to 5PM.
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/Z.K.A./Examiner, Art Unit 3635
/KYLE J. WALRAED-SULLIVAN/Primary Examiner, Art Unit 3635
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