DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. 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 1-12 as filed on 06/17/2026 are pending and herewith considered as indicated below.
Information Disclosure Statement
2. The information disclosure statement filed 06/14/2024 fails to comply with 37 CFR 1.98(a)(3)(i) because it does not include a concise explanation of the relevance, as it is presently understood by the individual designated in 37 CFR 1.56(c) most knowledgeable about the content of the information, of each reference listed that is not in the English language. It has been placed in the application file, but the information referred to therein has not been considered. Specifically, applications ES 2662066 T3, ES 1074587 U.
Claim Rejections - 35 USC § 103
3. 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.
4. Claims 1-6 and 8-11 are rejected under 35 U.S.C. 103 as being unpatentable over Beristain et al. (US 20110214824)(Herein Beristain) in view of Puchner et al. (US 20190128000 A1)(Herein Puchner).
In regards to Claim 1, Beristain discloses
A self-climbing modular system [Abstract] [Fig 1] for the protection of a structure [0148, “building”] under construction [0001], the self-climbing modular system [Abstract] [Fig 1] comprising:
a first base (4) [Fig 2] fixed in cantilever [Fig 2] with a first slab (5) [Fig 1] of the structure [0148, “building”], an end of the first base (4) [Fig 2] including a first support (10) [Fig 2];
a second base (4) [Fig 1] spaced-apart [Showing Spaced Apart, Fig 1] from the first base (4) [Fig 2] and fixed in cantilever [Fig 2] with the first slab (5) [Fig 1] , an end of the second base (4) [Fig 1] including a second support (10) [Fig 2];
a first upright (1) [Fig 1] having a portion thereof arranged in the first support (10) [Fig 2], the first upright (1) [Fig 1] and the first support (10) [Fig 2] being configured to allow guided vertical displacement [Intended use, element 1c disclosed to slide in element 16a] of the first upright (1) [Fig 1] with respect to the first base (4) [Fig 2];
a second upright (1) [Fig 1] having a portion thereof arranged [element 16a of support element 10] [0159] in the second support (10) [Fig 2], the second upright (1) [Fig 1] and the second support (10) [Fig 2] being configured to allow guided vertical displacement [Intended use, element 1c disclosed to slide in element 16a]; of the second upright (1) [Fig 1] with respect to the second base (4) [Fig 1], the first and second uprights (1) [Fig 1] being vertically displaceable independent of one another [Intended use, element 1c disclosed to slide in element 16a] ; and
one or more handrails (2a) that each has a first articulated end [Unnumbered Fig 1] (see examiners comment) coupled [Fig 1, Showing Coupled] to the first upright (1) [Fig 1] and a second articulated end [Unnumbered, Fig 1] coupled [Fig 1, Showing Coupled] to the second upright (1) [Fig 1].
However, Beristain fails to disclose
each of the one or more handrails comprising a first portion that includes the first articulated end and a second portion that includes the second articulated end, the first portion being slidable inside the second portion, each of the one or more handrails being configured to telescopically lengthen upon the first upright being vertically displaced without there being a same vertical displacement of the second upright.
Furthermore, Puchner discloses
each of the one or more handrails (2a, Beristain) (13) [Fig 31] comprising a first portion [Unnumbered, Fig 1, Beristain] (see examiners comments, Beristain) (13a) that includes the first articulated end [Unnumbered, Fig 1, Beristain] (see examiners comments, Beristain) and a second portion [Unnumbered, Fig 1, Beristain] (see examiners comments, Beristain) (13b) that includes the second articulated end [Unnumbered, Fig 1, Beristain] (see examiners comments, Beristain), the first portion (13a) being slidable inside [0083] the second portion (13b), each of the one or more handrails (2a, Beristain) being configured to telescopically [0083] lengthen upon the first upright (1, Beristain) [Fig 1] being vertically displaced [First and Second Upright
not directly connected to each other, see Fig 1, Beristain]. without there being a same vertical
displacement of the second upright (1, Beristain) [Fig 1] [First and Second Upright not directly
connected to each other, see Fig 1].
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
self-climbing modular system as disclosed by Beristain to further include each of the one or
more handrails comprising a first portion that includes the first articulated end and a second
portion that includes the second articulated end, the first portion being slidable inside the
second portion, each of the one or more handrails being configured to telescopically lengthen
upon the first upright being vertically displaced without there being a same vertical
displacement of the second upright as disclosed by Puchner. Once modified, the handrails (as
modified) being telescopic allows for an ease of installation, allowing for the first portion to be
slidably inserted into the second portion during installation on the jobsite.
In regards to Claim 2, Beristain as modified discloses the self-climbing modular system [Abstract] [Fig 1] according to claim 1. Puchner discloses wherein the one or more handrails (2a, Beristain) (13) [Figs 31-32] comprising are configured to telescopically lengthen [0085 “Preferably, the extension devices 13 are telescopic.”] upon the first upright (1, Beristain) [Fig 1] being vertically displaced without there being a vertical displacement [First and Second Upright not directly connected to each other, see Fig 1, Beristain] of the second upright (1, Beristain) [Fig 1].
In regards to Claim 3, Beristain discloses the self-climbing modular system [Abstract] [Fig 1] according to claim 1, wherein each of the first and second uprights (1) [Fig 1] comprises first and second U-shaped posts [Fig 3] that are coupled [Fig 4] to one another. However, fails to disclose first and second U-shaped posts that are coupled to one another by a plurality of bolts.
Additionally, it would have been obvious one having ordinary skill in the art before the effective filing date of the claimed invention to modify self-climbing modular system of Beristain to have additional bolts (8c) [Fig 4] [0153] in order to secure the first and second U-Shaped Posts to each other. When modified, adding a plurality of bolts enhances the securing mechanism throughout the coupled U-Shaped Posts. In general, it has been held that the duplication of parts is considered within the level of ordinary skill in the art absent production of a new or unexpected result. In re Harza, 274 F.2d 669.
In regards to Claim 4, Beristain discloses the self-climbing modular system [Abstract] [Fig 1] according to claim 3, wherein each of the first and second U-shaped posts [Fig 3, Either Side, Elements 1b and 1c in combination] includes a web (1b) , the plurality of bolts (8c) [As modified in Claim 3] securing the web (1b) of the first U-shaped post [Fig 3, Either Side] to the web (1b) of the second U-shaped post. [Fig 3, Either Side].
In regards to Claim 5, Beristain discloses the self-climbing modular system [Abstract] [Fig 1] according to claim 1, wherein each of the first base (4) [Fig 2] and second base (4) [Fig 1] comprises first and second longitudinal members (11a) [Fig 17A] that is each fixed to the slab [Fixed via Elements 22 and 23, Figs 17A-17B].
In regards to Claim 6, Beristain discloses the self-climbing modular system [Abstract] [Fig 1] according to claim 5, wherein the first and second longitudinal members (11a) [Fig 17A] are each U-shaped [Fig 17A, “U-Shaped”] and are separated [Showing Separated] [Fig 17A] from one another by a gap having a constant width [Unnumbered, Fig 17A, See examiners comments].
In regards to Claim 9, Beristain discloses the self-climbing modular system [Abstract] [Fig 1] according to claim 1, further comprising a first extendable tie rod (25) [Fig 20] that braces the first upright (1) [Fig 1] to the first base (4) [Fig 2], the first extendable tie rod (25) [Fig 20] having a first end (25) [Fig 20] secured to the first upright (1) [Fig 1]. However, fails to disclose a second end secured to the first base.
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 self-climbing modular system as disclosed by Beristain to move the second end connection of the first extendable tie rod to be secured to the base. When modified, it allows for an easier connection and disassembly. 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).
In regards to Claim 10, Beristain as modified in claim 9, discloses the self-climbing modular system [Abstract] [Fig 1] according to claim 9, further comprising a second extendable tie rod (25) [Fig 20] [Figs 5-6, Showing Opposite Sides] that braces the second upright (1) [Fig 1] to the second base (4) [Fig 1], the second extendable tie rod (25) [Fig 20] having a first end [Unnumbered, Fig 20] secured to the second upright (1) [Fig 1] and a second end [Unnumbered, Fig 20] secured to the second base (4) [Fig 1].
In regards to Claim 11, Beristain as modified in claim 9, discloses the self-climbing modular system [Abstract] [Fig 1] according to claim 9, wherein the first extendable tie rod (25) [Fig 20] includes a first portion [Unnumbered, Fig 20] coupled to the first upright (1) [Fig 1] and a second portion [Unnumbered, Fig 20] coupled to the first base (4) [Fig 2], the first portion [Unnumbered, Fig 20] being slidable [Para. 0178 discloses extending and retreating i.e. “slidable”] inside the second portion [Unnumbered, Fig 20].
5. Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Beristain et al. (US 20110214824)(Herein Beristain) in view of Puchner et al. (US 20190128000 A1)(Herein Puchner) as applied to claim 5 above, and Blinn (US 20130168626 A1)(Herein Blinn).
In regards to Claim 7, Beristain discloses the self-climbing modular system [Abstract] [Fig 1] according to claim 5, wherein each of the first support (10) [Fig 2] and second support (10) [Fig 2]. However, fails to disclose wherein each of the first support and second support comprises a first lateral flange secured to the first longitudinal member and a second lateral flange secured to the second longitudinal member, the first lateral flange having fixed thereto one or more rollers that reside in a first guide of the respective first and second uprights, the second lateral flange having fixed thereto one or more rollers that reside in a second guide of the respective first and second uprights.
Furthermore, Blinn discloses wherein each of the first support (10, Beristain) [Fig 2] and second support (10, Beristain) [Fig 2] comprises a first lateral flange (141) [Fig 16] secured [Pin Connection, Fig 16] to the first longitudinal member (11a, , Beristain) [Fig 17A] and a second lateral flange (141) [Fig 16] secured [Pin Connection, Fig 16] to the second longitudinal member (11a, Beristain) [Fig 17A], the first lateral flange (141) [Fig 16] having fixed thereto one or more rollers (142) that reside [When modified, Beristain] in a first guide of the respective first and second uprights (1, Beristain) [Fig 1], the second lateral flange (141) having fixed thereto one or more rollers (142) that reside [When modified, Beristain] in a second guide of the respective first and second uprights (1, Beristain) [Fig 1].
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 self-climbing modular system as disclosed by Beristain to further include each of the first support and second support comprises a first lateral flange secured to the first longitudinal member and a second lateral flange secured to the second longitudinal member, the first lateral flange having fixed thereto one or more rollers that reside in a first guide of the respective first and second uprights, the second lateral flange having fixed thereto one or more rollers that reside in a second guide of the respective first and second uprights as disclosed by Blinn. When modified, the flanges would attach to the longitudinal members via a securing mechanism after modifying the longitudinal members to have through holes and connecting the flanges and rollers to the uprights to allow for easier vertical displacement during operations, since it is known in the art that rollers are able to easily glide.
6. Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Beristain et al. (US 20110214824)(Herein Beristain) in view of Puchner et al. (US 20190128000 A1)(Herein Puchner) as applied to claim 1 above, and Song Jae Keun (KR 100944463)(Herein Song).
In regards to Claim 8, Beristain as modified discloses the self-climbing modular system [Abstract] [Fig 1] according to claim 1.
Song discloses comprising first and second handrails (30, Puchner) [Figs 4 and 10] to which a taut safety net [Element 2, Para 0148, Fig 1, Beristain] (200) [Fig 2] [Description of Embodiments, Paragraph 24, “prevent the worker/work tool from falling out of building”] is fixed.
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 self-climbing modular system as disclosed by Beristain to further include a safety net as disclosed by Song. When modified, the safety net allows for safety of persons/equipment from falling, furthermore resulting in an easier installation and set up since the net is lighter in weight comparatively to the disclosed safety panel (element 2, Beristain).
7. Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Beristain et al. (US 20110214824)(Herein Beristain) in view of Puchner et al. (US 20190128000 A1)(Herein Puchner) as applied to claim 11 above, and Brewka et al. (US 20080173788)(Herein Brewka).
In regards to Claim 12, Beristain as modified discloses the self-climbing modular [Abstract] [Fig 1] system according to claim 11, wherein the first portion [Unnumbered, Fig 20] of the first extendable [Para. 0178 discloses extending and retreating i.e. “slidable”] tie rod (25) [Fig 20], the second portion [Unnumbered, Fig 20] of the first extendable tie rod (25) [Fig 20] including a hollow body [Allowing for extending/retrieval as intended in the reference application; Para. 0178] having first and second holes (24 Upper end, 10i, Lower end] [Fig 20] respectively located on first and second opposite sides of the hollow body [Fig 20, Opposite sides] , there being a bolt (34, 26) extending through the first and second holes (24 Upper end, 10i, Lower end] [Fig 20] of the hollow body. However, fails to disclose wherein the first portion of the first extendable tie rod incudes a flat bar having disposed along a length thereof a plurality of spaced-apart through holes, there being a bolt extending through one of the plurality of holes in the flat bar to fix a length of the first extendable tie bar.
Furthermore, Brewka discloses the first portion [Unnumbered, Fig 20, Beristain] of the first extendable [Para. 0178 discloses extending and retreating i.e. “slidable”, Beristain] tie rod (25 Beristain) [Fig 20] incudes a flat bar (234) [Fig 17] having disposed along a length thereof a plurality [Multiple Shown, Fig 17] of spaced-apart through holes (236) and there being a bolt (34, 26, Beristain) (242) extending through the first and second holes (24 Upper end, 10i Lower end, Beristain] [Fig 20] of the hollow body and one of the plurality of holes (236) in the flat bar (234) [Fig 17] to fix a length of the first extendable tie bar (25, Beristain) [Fig 20].
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 self-climbing modular system as disclosed by Beristain to further include the first portion of the first extendable tie rod incudes a flat bar having disposed along a length thereof a plurality of spaced-apart through holes, there being a bolt extending through one of the plurality of holes in the flat bar to fix a length of the first extendable tie bar as disclosed by Brewka. When modified, the flat bar would act as a connection mechanism for the tie rod, modified so that the flat bar would enter the tie rod, fastened using one the bolts to be monolithic and connect to the base. Additionally, when modified, the flat bar creates an ease of installation and ease of assembly and disassembly.
Response to Arguments
8. Objections to the Claims: Applicant' s argument with respect to the claim objections is persuasive and objection to the claims is hereby withdrawn.
9. Claim Rejections 35 USC 112: Applicant' s argument with respect to the claims rejected under 35 USC 112 is persuasive and rejection of the claims pursuant to 35 USC 112 is hereby withdrawn.
10. Claim Rejections 35 USC 103: Applicant' s arguments with respect to all claims have been considered but are not persuasive.
In regards to Claims 1-6 and 8-11
Applicant recites both Beristain and Puchner fails to disclose handrails.
Applicant recites Beristain discloses wooden beams 2a is arranged horizontally and attached directly to two vertical masts. Which are not capable of functioning as handrails.
Furthermore, Applicant recites Puchner does not disclose handrails of any kind. Additionally, Applicant recites the threaded nature of the extension devices 13 make them dangerous to be used as handrails since using them as handrails could cause harm to the hands of the user when the outer panel 12b is displaced laterally from the inner panel. Also, forces applied to the extension devices by hand would have a very high probability of damaging the threaded parts.
Additionally, Applicant recites extension device 13 are incapable of having ends that are vertically displaceable with respect to the one another as required by Claim 1. Claim 1, recites “each of the one or more handrails being configured to telescopically lengthen upon the first upright being vertically displaced without there being a same vertical displacement of the second upright”.
Examiners Response: Per Merriam Webster articulate in its full defined meaning is “consisting of segments united by joints - JOINTED”. Furthermore, articulated in its full defined meaning is “connected by joint or Joints”. As disclosed by Beristain, handrails (2a, or wooden beams) are joined and connected to the mast (1), as per [0149] “the panel -2- can be supported by standard horizontal wooden beams -2a- standard attached directly to the masts -1- with standard connectors.”
Additionally, as per Merriam Webster a handrail is “a narrow rail for grasping with the hand as a support”. Puchner discloses (13) to be an extension device that has a treaded nature (13a), Puchner does not disclose (13b) to be threaded externally. Thus as per BRI, the extension devices (13) of Puchner is understood to have the ability to function as a handrail. Furthermore, in response to the harming a user, the extension device only has to have the functionality of performing as a handrail (as per in the above sentences). Harming the users hand is not actively recited in the claims and have no weight.
In response to applicants’ argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., threaded nature damaging the users hand) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Additionally, per the claims the handrails does not have to have the ability of being vertically displaceable on one side compared to the second side. The limitation as recited in claim 1 is “each of the one or more handrails being configured to telescopically lengthen upon the first upright being vertically displaced without there being a same vertical displacement of the second upright” as per BRI and as one of ordinary skill in the art would understand, functionally, the handrails only need to telescopically lengthen upon vertical displacement of the first upright. The claim does not actively recite the handrail has to be vertically displaced one on side.
Additionally, the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981).
For the above reasons, the rejection with respect to 103 has been maintained.
Examiner Comments
PNG
media_image1.png
760
604
media_image1.png
Greyscale
Figure 1, Beristain
PNG
media_image2.png
412
557
media_image2.png
Greyscale
Figure 17A, Beristain
PNG
media_image3.png
733
623
media_image3.png
Greyscale
Figure 20, Beristain
Conclusion
13. THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
14. 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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Mattei can be reached at 571-270-3238. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Z.K.A./Examiner, Art Unit 3635
/KYLE J. WALRAED-SULLIVAN/Primary Examiner, Art Unit 3635
Prosecution Insights