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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 07/24/2024 was considered by the examiner.
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 1-3, 6-9, and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wurth US8141683.
Claim 1, Wurth discloses a modular decking system (an expandable platform; Title), comprising: at least one extendable joist (44a-h); at least two extendable beams each connected to the at least one extendable joist (42b and 42d); and at least one extendable bearer supporting the at least one extendable joist and the at least two extendable beams (42a and 42c), and the at least one extendable bearer is connected to the at least one extendable joist (corner members 40a-40d), wherein each extendable joist, each extendable beam, and each extendable bearer are extendable and retractable relative to one another (each side member, and each extension member can be expanded and retracted to achieve a desired depth and width of the platform 10 by loosening the connection to the corner members 40a-d and the connection between the extension members 44a-h; Col.7: 3-14).
Claim 2, Wurth discloses each extendable joist, each extendable beam, and each extendable bearer are configured to move relative to one another for setting an overall size of the modular decking system (Col.7:3-14).
Claim 3, Wurth discloses each extendable joist, each extendable beam, and each extendable bearer are configured to define an overall size of the modular decking system without cutting or drilling by an assembler (Col. 7: 3-14).
Claim 6, Wurth discloses the at least two extendable beams each comprise a first beam member and a second beam member disposed within and movable relative to the first beam member (50; Figs. 4-5), and the second beam member is configured for extending a length of each extendable beam (Col.6:20-23).
Claim 7, Wurth discloses the second beam member comprises a first-beam-member facing surface and a beam recessed channel in the first-beam-member facing surface (the corners 40b, 40d having slots 80a-b on a surface facing the side members; Figs. 5,7; Col.5:8-17), and the beam recessed channel is configured to reduce friction between the second beam member and the first beam member (slots 80a, b reducing the contact area between the side members and corner members will reduce the friction between them; Figs. 5, 7).
Claim 8, Wurth discloses the at least one extendable bearer comprises a first bearer member and a second bearer member disposed within and movable relative to the first bearer member (side members 42a, 42c have a lip 50 inside which the corner member 40a, 40c is slidably attached; Figs. 4-5; Col.6: 14-20), and the second bearer member is configured for extending a length of the at least one extendable bearer (the corner members allowing the length of the side members and therefore the width or depth of the platform to be extended; Col.6: 20-23).
Claim 9, Wurth discloses the second bearer member comprises a first-bearer-member facing surface and a bearer recessed channel in the first-bearer-member facing surface (the corners 40a, 40c having slots 80a-b on a surface facing the side members 42a,42c; Figs. 5,7; Col.5: 8-17), and the bearer recessed channel is configured to reduce friction between the second bearer member and the first bearer member (slots 80a, b reducing the contact area between the side members and corner members will reduce the friction between them; Figs. 5, 7).
Claim 15, Wurth discloses providing a modular decking system (an expandable platform; Title) comprising at least one extendable joist (44a-h), at least two extendable beams (42b and 42d; Fig. 4), and at least one extendable bearer (another set of side members 42a, 42c; Fig. 2), connecting the at least one extendable joist to each extendable beam (44a, 44c, 44e, 44g are connected to side member 42b, 44b, 44d, 44f, 44h are connected to side member 42d, each pair is connected; Figs. 4-5); connecting the at least one extendable joist to the at least one extendable bearer such that the at least one extendable bearer supports the at least one extendable joist and the at least two extendable beams (connecting the side members 42a, 42c to the side members 42b, 42d by the corner members 40a-d and thereby connecting the side members 42a, 42c to the extension members; Figs. 4-5); and setting an overall size of the modular decking system by extending or retracting each extendable joist, each extendable beam, and each extendable bearer relative to one another (adjusting the width and depth of the platform by sliding the corner members, adjusting the length of the sides, and connecting the now extended extension member pairs to set the size; Col.6:20-58).
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 4, 5, and 10-14 are rejected under 35 U.S.C. 103 as being unpatentable over Wurth US8141683 as applied to claim1 above, and further in view of Tecedor EP 2434073.
Claim 4, Wurth discloses the at least one extendable joist comprises a first joist member and a second joist member (extension member pairs 44a-b, 44c-d, 44e-f, 44g-h; Fig. 4) but fails to explicitly disclose wherein the at least one extendable joist comprises a first joist member and a second joist member disposed within and movable relative to the first joist member, and the second joist member is configured for extending a length of the at least one extendable joist.
Tecedor before the filing date of the instant invention discloses the at least one extendable joist comprises a first joist member and a second joist member disposed within and movable relative to the first joist member (joists 17 having two parts 16, similar to beams 12, one inserted into the other to allow sliding; Figs. 1, 4; P:0035-0036), and the second joist member is configured for extending a length of the at least one extendable joist (the parts 16 sliding to extend the length of the joists 17). It would have been obvious to one of ordinary skill in the art before the filing date of the instant invention to have modified the apparatus of Wurth such that the at least one extendable joist comprises a first joist member and a second joist member disposed within and movable relative to the first joist member, and the second joist member is configured for extending a length of the at least one extendable joist as taught by Tecedor with the motivation being to reduce the risk of separating the two pieces when shear forces act on connecting hardware.
Claim 5, Wurth as modified discloses the second joist member comprises a first-joist-member facing surface and a joist recessed channel in the first-joist-member facing surface (extension members 44b having a surface facing 44a, said surface having slots 83; Figs. 4, 8), and the joist recessed channel is configured to reduce friction between the second joist member and the first joist member (slots 83 reducing the contact area between extension member pairs will reduce the friction between them; Figs. 4, 8).
Claim 10, Wurth discloses at least one post (18; Fig. 2), the at least one post is connected to the at least one extendable bearer but fails to explicitly disclose at least one extendable post configured to be fixed to the ground, the at least one extendable post is connected to the at least one extendable bearer.
Tecedor before the filing date of the instant invention discloses at least one extendable post configured to be fixed to the ground, the at least one extendable post is connected to the at least one extendable bearer (four cylindrical posts 1 formed by upper 2, and lower 3 post parts in sliding engagement, fixed to the ground by flat bars 4 and connected to extendable beams 12; Fig. 1). It would have been obvious to one of ordinary skill in the art before the filing date of the instant invention to have modified the apparatus of Wurth to include at least one extendable post configured to be fixed to the ground, the at least one extendable post is connected to the at least one extendable bearer as taught by Tecedor with the motivation being to allow the platform to be removed and stand freely, expanding the number of use cases it has.
Claim 11, Wurth as modified fails to explicitly disclose wherein the at least one extendable post comprises a first post member fixed to the ground and a second post member disposed within and movable relative to the first post member.
Tecedor before the filing date of the instant invention discloses wherein the at least one extendable post comprises a first post member fixed to the ground and a second post member disposed within and movable relative to the first post member (a lower post part 3 secured to the ground, and an upper post part 2 slid inside part 3; Fig. 2). It would have been obvious to one of ordinary skill in the art before the filing date of the instant invention to modify Wurth such that the at least one extendable post comprises a first post member fixed to the ground and a second post member disposed within and movable relative to the first post member as taught by Tecedor with the motivation being to allow the platform to be removed and stand freely, while maintaining a compact and portable frame for transportation (Tecedor, P:0010).
Claim 12, Wurth as modified fails to explicitly disclose wherein the second post member comprises a first-post-member facing surface and a post recessed channel in the first-post-member facing surface, and the post recessed channel is configured to reduce friction between the second post member and the first post member.
Tecedor before the filing date of the instant invention discloses the second post member comprises a first-post-member facing surface and a post recessed channel in the first-post-member facing surface (the entire surface of the part 2 facing the inside of part 3, said surface having holes 6 therein; Fig. 2; P:0033), and the post recessed channel is configured to reduce friction between the second post member and the first post member (holes 6 will reduce the contact area between parts 2 and 3, thereby reducing friction; Fig. 2). It would have been obvious to one of ordinary skill in the art before the filing date of the instant invention to modify Wurth such that the second post member comprises a first-post-member facing surface and a post recessed channel in the first-post-member facing surface, and the post recessed channel is configured to reduce friction between the second post member and the first post member as taught by Tecedor with the motivation being to provide holes for adjusting the height of the platform (Tecedor, Para:0033).
Claim 13, Wurth fails to disclose wherein each extendable beam comprises at least one locating member configured to locate and receive the at least one joist therein.
Tecedor teaches wherein each extendable beam comprises at least one locating member configured to locate and receive the at least one joist therein (beam 12 has a channel for receiving connectors 14 of joists 17; Fig. 5]). It would have been obvious to one of ordinary skill in the art before the filing date of the instant invention to have modified Wurth such that each extendable beam comprises at least one locating member configured to locate and receive the at least one joist therein as taught by Tecedor with the motivation being to reduce the difficulty of assembling the platform (Tecedor, P:0010).
Claim 14, Wurth as modified fails to disclose each locating member of each extendable beam comprises a cutout in the extendable beam.
Tecedor teaches each locating member of each extendable beam comprises a cutout in the extendable beam (the channel in beam 12; Fig. 5). It would have been obvious to one of ordinary skill in the art before the filing date of the instant invention to modify Wurth each locating member of each extendable beam comprises a cutout in the extendable beam as taught by Tecedor with the motivation being to reduce the difficulty of assembling the platform (Tecedor, Para:0010).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Refer to attached NOTICE OF REFERENCE CITED.
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BABAJIDE A. DEMUREN
Primary Examiner
Art Unit 3633
/BABAJIDE A DEMUREN/Primary Examiner, Art Unit 3633