DETAILED ACTION
Specification
The abstract of the disclosure does not commence on a separate sheet in accordance with 37 CFR 1.52(b)(4) and 1.72(b). A new abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text.
Claim Objections
Claim 7 is objected to because of the following informalities:
Claim 7 depends from claim 1. Lines 2 and 4 of claim 7 recite “the first side” and “the second side” respectively – these limitation were first recited in claim 2, accordingly, they lack proper antecedence and it appears applicant may have intended claim 7 to depend from claim 2.
Appropriate correction is required.
Claim 9 is objected to because of the following informalities:
Line 3, “tapper” should be replaced with –taper--.
Appropriate correction is required.
Claim 10 is objected to because of the following informalities:
Claim 10 depends from claim 2. Claim 10 recites “the third angle” and “the fourth angle”. The “first angle” and “the second angle” are recited in claim 8. Accordingly, it lacks proper antecedence and appears applicant may have intended claim 10 to depend from claim 8.
Appropriate correction is required.
Claim 30 is objected to because of the following informalities:
Claim 30 depends from claim 28. Line 2 of claim 32, which depends from claim 30, recites “the engagement surface” – this limitation was first recited in claim 29, accordingly, it lacks proper antecedence and appears applicant may have intended claim 30 to depend from claim 29.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 2, 5, and 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hyun (KR20150119754).
1: Hyun discloses a guardrail ledger (Figs. 1-5) for use with a scaffolding system, the guardrail ledger comprising:
an elongated support member (2) that extends along an axis between a first end and a second end of the elongated support member,
a ledger head (30, Fig. 5) coupled to the first end of the elongated support member, the ledger head having an upper ledger body (31) and a lower ledger body (33) with a horizontal slot formed between the upper ledger body and the lower ledger body for receiving a first scaffolding rosette (10) therein,
a hook ledger head (30, Fig. 5) coupled to the second end of the elongated support member, the hook ledger head including a ledger connector base (30) coupled with the second end of the elongated support member, and a prong support body (31) that extends from an upper end of the ledger connector base to form an open space vertically below the prong support body, and a pair of prongs (34, Figs. 1 and 3) that extend vertically downward from the prong support body, and wherein the prong support body is formed to define a first slot (32, Fig. 1) therein for receiving a first wedge (20) to couple the hook ledger head with a second scaffolding rosette.
2: The guardrail ledger of claim 1, wherein the pair of prongs (34, Fig. 3) includes a first prong (34) and a second prong (34), the first prong extends downwardly from a first side of the prong support body (see Fig. 3, note that the left ledger shows the right prong), and the second prong extends downwardly from a second side of the prong support body (see Fig. 3, note that the right ledger shows the left prong – the prongs are on first and second sides of each ledger head).
5: The guardrail ledger of claim 1, wherein the prong support body includes an engagement surface that is spaced apart axially distally from the ledger connector base and the engagement surface is concave and adapted to engage a vertical scaffold post (MT [0024]: “the support member (36) formed on the lower plate (33) is composed of a contact surface (36a) that extends forward on the lower plate (33) and is bent vertically downward, unlike the support member (35) formed on the upper plate (31), and a support surface (36b) that extends to the left and right sides of the lower plate (33) and is bent vertically downward to support the rear of the contact surface (36a). Thus, when a load applied to the horizontal steel pipe (2) is transferred to the vertical steel pipe (1)”).
12: The guardrail ledger of claim 2, wherein both the first prong and the second prong are arranged relative to one another such that both the first prong and the second prong simultaneously extend into corresponding holes formed in the second scaffolding rosette (see [0022] of the MT of Hyun: “the process of mounting the mounting projection (34) of the clevis (30) onto the mounting part (14) of the bracket (10) does not require precise aiming; instead, a temporary assembly is easily achieved simply by placing the tip of the clevis (30) onto the flange bracket (10) and hooking the mounting projections (34) on both sides into the mounting holes (14)”).
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 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over Hyun (KR20150119754) in view of Thacker (US20110180350).
3: Hyun fails to disclose the guardrail ledger of claim 1, wherein the prong support body is formed to define a second slot that extends through the prong support body and opens into the first slot to allow the wedge to extend through either one of the first slot and the second slot. Thacker teaches, in the context of scaffolds, wherein a prong support body (Fig. 15, [0029]: “FIG. 15 is a perspective view of a rosette coupled to a portion of a vertical member with an internal wedge head of the invention and a conventional head/wedge coupled to the rosette”) is formed to define a second slot (see lead line from 904 in Fig. 9 of Thacker) that extends through the prong support body and opens into the first slot (see Fig. 4 of Thacker) to allow the wedge to extend through either one of the first slot and the second slot. It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains to have included wherein the prong support body is formed to define a second slot that extends through the prong support body and opens into the first slot to allow the wedge to extend through either one of the first slot and the second slot in the guardrail ledger of Hyun according to the teachings of Thacker in order to provide for redundancy in securing the guardrail ledger head to a rosette.
4. Hyun in view of Thacker disclose the guardrail ledger of claim 3, wherein the first slot extends generally vertically through the prong support body and the second slot extends vertically and axially through the prong support body (see Figs. 4 and 15 of Thacker).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Hyun (KR20150119754) in view of Layher (US4394095).
6: Hyun discloses the guardrail ledger of claim 1, wherein the hook ledger head is fixed with the elongated support member (30, Fig. 2). Hyun fails to disclose wherein the ledger head is fastened with the elongated support member to allow for limited movement relative to the elongated support member. Layher teaches, in the context of scaffolding, wherein a ledger head (24, Fig. 2) is fastened (25, Fig. 2) with the elongated support member (11) to allow for limited movement relative to the elongated support member. It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains to have included wherein the ledger head is fastened with the elongated support member to allow for limited movement relative to the elongated support member in the guardrail ledger of Hyun according to the teachings of Layher in order to install the guardrail ledger diagonally (see Layher col. 1, lines 59-62).
Claims 7-8 and 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over Hyun (KR20150119754) in view of So (US20130319797).
Hyun fails to disclose the guardrail ledger of claim 1, wherein the first prong extends transversely away from the first side of the prong support body relative to the axis by a first angle and the second prong extends transversely away from the second side of the prong support body relative to the axis by a second angle, the first angle is between about 35 and 85 degrees, and the second angle is between about 35 and 85 degrees. So teaches, in the context of scaffolding, wherein the first prong (see annotated Fig. 23 of So below in blue) extends transversely away from the first side of the prong support body relative to the axis by a first angle and the second prong extends transversely away from the second side of the prong support body relative to the axis by a second angle, the first angle is between about 35 and 85 degrees, and the second angle is between about 35 and 85 degrees. It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains to have included wherein the first prong extends transversely away from the first side of the prong support body relative to the axis by a first angle and the second prong extends transversely away from the second side of the prong support body relative to the axis by a second angle, the first angle is between about 35 and 85 degrees, and the second angle is between about 35 and 85 degrees in the guardrail ledger of Hyun according to the teachings of So in order to gain a better viewing angle of the engagement of each prong with the rosette.
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8: Hyun in view of So appears to disclose the guardrail ledger of claim 7, wherein the first angle is between about 55 and 65 degrees and the second angle is between about 55 and 65 degrees. Specifically, annotated Fig. 23 of So above in blue appears to show the first and second angle being between 55 and 65 degrees, however, So does not specifically disclose the first and second angle being between 55 and 65 degrees. Nonetheless, per MPEP 2144.05.I, even where claimed ranges do not overlap with the prior are but are merely close, a prima facie case of obvious exists. Accordingly, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains to have included wherein the first angle is between about 55 and 65 degrees and the second angle is between about 55 and 65 degrees in the guardrail ledger of Hyun in view of So since the disclosed range appears to be close to the claimed range.
9: Hyun fails to disclose the guardrail ledger of claim 2, wherein the first side of the prong support body and the second side of the prong support body taper toward each other as the prong support body extends axially away from the ledger connector base. So teaches, in the context of scaffolding, wherein the first side of the prong support body and the second side of the prong support body taper toward each other (annotated Fig. 23 of So above in red) as the prong support body extends axially away from the ledger connector base. It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains to have included wherein the first side of the prong support body and the second side of the prong support body taper toward each other as the prong support body extends axially away from the ledger connector base in the guardrail ledger of Hyun according to the teachings of Thacker in order to provide a symmetrical silhouette to the ledger head.
10: Hyun fails to disclose the guardrail ledger of claim 2, wherein the first side of the prong support body extends at a third angle between about 10 and 30 degrees relative to the axis inward toward the second side of the prong support body and the second side of the prong support body extends at a fourth angle between about 10 and 30 degrees relative to the axis inward toward the first side of the prong support body. So teaches, in the context of scaffolding, wherein the first side of the prong support body extends at a third angle between about 10 and 30 degrees relative to the axis inward toward the second side of the prong support body and the second side of the prong support body extends at a fourth angle between about 10 and 30 degrees relative to the axis inward toward the first side of the prong support body (see annotated Fig. 23 of So above in red). It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains to have included wherein the first side of the prong support body extends at a third angle between about 10 and 30 degrees relative to the axis inward toward the second side of the prong support body and the second side of the prong support body extends at a fourth angle between about 10 and 30 degrees relative to the axis inward toward the first side of the prong support body in the guardrail ledger of Hyun according to the teachings of So in order to provide a symmetrical silhouette to the ledger head.
11. Hyun in view of So appear to disclose the guardrail ledger of claim 10, wherein the third angle is between about 15 and 25 degrees and the fourth angle is between about 15 and 25 degrees. Specifically, annotated Fig. 23 of So above in red appears to show the third angle is between about 15 and 25 degrees and the fourth angle is between about 15 and 25 degrees, however, So does not specifically disclose the third and fourth angle being between 15 and 25 degrees. Nonetheless, per MPEP 2144.05.I, even where claimed ranges do not overlap with the prior are but are merely close, a prima facie case of obvious exists. Accordingly, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains to have included wherein the third angle is between about 15 and 25 degrees and the fourth angle is between about 15 and 25 degrees in the guardrail ledger of Hyun in view of So since the disclosed range appears to be close to the claimed range.
Claims 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Hyun (KR20150119754) in view of Busk (EP2354375).
13: Hyun discloses the guardrail ledger of claim 2, wherein the first prong and the second prong each include a first segment coupled with the prong support body that extends generally only vertically downward. Hyun fails to disclose a second segment that curves toward the elongated support member as the second segment extends vertically downward away from the first segment, and a third segment that extends from the second portion at least axially proximally toward the elongated support member. Busk teaches in the context of guardrail ledgers wherein a prong includes (see annotated Fig. 1B of Busk below) a second segment that curves toward the elongated support member as the second segment extends vertically downward away from the first segment, and a third segment that extends from the second portion at least axially proximally toward the elongated support member. It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains to have included wherein each of the first and second prongs of Hyun include a second segment that curves toward the elongated support member as the second segment extends vertically downward away from the first segment, and a third segment that extends from the second portion at least axially proximally toward the elongated support member in the guardrail ledger of Hyun according to the teachings of Busk in order to allow the guardrail ledger to be suspended from the second rosette prior to attachment of the ledger head to the first rosette.
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14: Hyun discloses the guardrail ledger of claim 2, wherein the entire prong support body (31, Fig. 1) is located above a center point of the elongated support member. Hyung fails to disclose wherein the first prong and the second prong extend vertically downwardly below a lowest most surface of the elongated support member and the ledger connector base. Busk teaches, in the context of guardrail ledgers, wherein a prong (8, see annotated Fig. 1B of Busk above) extends vertically downwardly below a lowest most surface of the elongated support member (6) and the ledger connector base (7). It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains to have included wherein the first and second prongs of Hyun extend vertically downwardly below a lowest most surfaces of the elongated support member and the ledger connector base according to the teachings of Busk in order to allow the guardrail ledger to be suspended from the second rosette prior to attachment of the ledger head to the first rosette.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Hyun (KR20150119754) in view of Stringer (US20060039746).
16. Hyun fails to disclose the guardrail ledger of claim 1, wherein the hook ledger head further includes a wedge retainer configured to engage the first wedge and located in the first slot and coupled with the prong support body. Stringer discloses, in the context of scaffolding, wherein a ledger head (54, Fig. 11) includes a wedge retainer (76) configured to engage the first wedge (30) and located in the first slot (note from Fig. 9 that the wedge retainer 76 intersects the slot in the ledger head). It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains to have included wherein the hook ledger head further includes a wedge retainer configured to engage the first wedge and located in the first slot and coupled with the prong support body in the guardrail ledger of Hyun according to the teachings of Stringer in order to allow “the assembled post/connecting head and wedge assembly to be efficiently stored and/or shipped”, see [0042] of Stringer.
Claims 28 and 29 are rejected under 35 U.S.C. 103 as being unpatentable over Hyun (KR20150119754) in view of Layher (US4394095) and further in view of Busk (EP2354375).
28. Hyun discloses a method of assembling a scaffolding system, the method comprising: inserting a first prong (34) and a second prong (34) of a hook ledger head (30) into corresponding holes (14) formed in a first scaffolding rosette (10) of a first vertical scaffold post (see Fig. 1 of Hyun), the hook ledger head connected with a first end of an elongated support member (2), coupling a ledger head (30) to a second scaffolding rosette of a second scaffold post (see Fig. 1 of Hyun – note that the same method is performed at both ends of the elongated support member 2), the ledger head being coupled to a second end of the elongated support member (2), moving the ledger head and the second scaffold post upwardly while the first prong and the second prong are retained in the holes formed in the first scaffolding rosette (see [0022] of Hyun: “a temporary assembly is easily achieved simply by placing the tip of the clevis (30) onto the flange bracket (10) and hooking the mounting projections (34) on both sides into the mounting holes (14)”), and moving a wedge through a first slot formed in the hook ledger head so that the wedge extends through the hook ledger head and interlocks the hook ledger head with the scaffolding rosette (see Fig. 1 of Hyun).
Hyun fails to disclose wherein the ledger head allows limited movement relative to the elongated support member. Layher teaches, in the context of scaffolding, wherein a ledger head (24, Fig. 2) allows for limited movement relative to the elongated support member. It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains to have included wherein the ledger head allows for limited movement relative to the elongated support member in the method of Hyun according to the teachings of Layher in order to install the guardrail ledger diagonally (see Layher col. 1, lines 59-62).
Hyun in view of Layher fail to disclose coupling the second scaffold post vertically to a spigot of the scaffolding system such that the second scaffold post extends generally vertically away from the spigot and the elongated support member extends generally horizontally. Busk teaches in the context of methods for assembling scaffold systems (see Fig. 3 of Busk) coupling the second scaffold post (1) vertically to a spigot of the scaffolding system such that the second scaffold post extends generally vertically away from the spigot and the elongated support member (6) extends generally horizontally. It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains to have included coupling the second scaffold post vertically to a spigot of the scaffolding system such that the second scaffold post extends generally vertically away from the spigot and the elongated support member extends generally horizontally in the method disclosed by Hyun in view of Layher according to the teachings of Busk in order to attach and lock the railing element onto a subsequent storey from a position on an already built storey, see [0014] of Busk.
29: Hyun in view of Layher and further in view of Busk disclose the method of claim 28, wherein moving the wedge through the first slot urges the hook ledger head and the first vertical scaffold post toward one another to cause a curved engagement surface of the hook ledger head to engage the first vertical scaffold post (see MT [0025] of Busk: “when a wedge (20) is inserted and struck to penetrate the wedge hole (32) penetrating the upper plate (31) and lower plate (33) of the crevis (30) and the wedge hole (12) of the flange bracket (10), the crevis (30) is firmly connected to the flange bracket (10) by wedge action, as shown in the plan view of FIG. 4”).
Claims 30-32 are rejected under 35 U.S.C. 103 as being unpatentable over Hyun (KR20150119754) in view of Layher (US4394095) and further in view of Busk (EP2354375) and further in view Stringer (US20060039746).
30. Hyun in view of Layer and further in view of Busk fails to disclose the method of claim 28, further comprising inserting the wedge into a second slot formed in the hook ledger head to temporarily retain the wedge in the second slot during the moving step. Stringer teaches, in the context of scaffolding, wherein a ledger head (54, Fig. 11) includes a slot (76) configured to temporarily retain a wedge (30). It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains to have included inserting the wedge into a second slot formed in the hook ledger head to temporarily retain the wedge in the second slot during the moving step in the method of Hyun in view of Layer and further in view of Busk according to the teachings of Stinger in order to allow “the assembled post/connecting head and wedge assembly to be efficiently stored and/or shipped”, see [0042] of Stringer.
31. Hyun in view of Layer in view of Busk and further in view of Stinger disclose the method of claim 30, wherein the second slot opens into the first slot (note from Fig. 9 of Stinger that the wedge retainer 76 intersects the slot in the ledger head).
32. Hyun in view of Layer in view of Busk and further in view of Stinger disclose the method of claim 30 wherein the second slot (76, Fig. 1 of Stringer) opens into the engagement surface (72, Fig. 2 of Stringer) of the hook ledger head (see 110 in Fig. 3 of Stringer [0050]: “It is also to be understood that various openings, such as an upper opening 110 extending through the upper front end face 72 and a lower opening 112 extending through the lower front end face 92, can be made in the connecting head 40. These openings 110 and/or 112 prevent any crack propagation if one of the sections begins to fail or "crack" along surfaces 92 or 72”).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Ben Pezzlo whose telephone number is (571)272-9656. The examiner can normally be reached M to Th 7 to 5.
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/BAP/ Examiner, Art Unit 3634
/DANIEL P CAHN/ Supervisory Patent Examiner, Art Unit 3634
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