Patents

Decision Information

Decision Content

                 COMMISSIONER'S DECISION

 

Obviousness - Improvements in Scaffolding

 

The scaffolding comprises upright supports, longitudinally extending bearers

or legers and transversely extending bearers or transoms, all of which are

connected together to form a rigid structure. A proposed amendment to claim

1 was accepted by the applicant.

 

Final Action - Affirmed - modification accepted

 

                     *********************

 

This decision deals with a request for review by the Commissioner of

Patents of the Examiner's Final Action dated July 14, 1977, on application

206,165 (class 304-15), and is entitled "Improvements in or Relating to

Builders Scaffolding."

 

The application relates to builders scaffolding of the kind comprising upright

supports, longitudinally extending bearers or ledgers and transversely extend-

ing bearers or transoms, all of which are connected together to form a rigid

structure. Figure 1, shown below, is directed to one aspect of the inven-

tion:

 

                     (See formula I)

 In the Final Action the examiner rejected the claim in view of the following

 Canadian patents:

 

 Canadian Patents

 

 442,184              June 17,1947              Vocisano

 

 442,715              July  8,1947              Alderfer

 

 615,841              Mar. 27,1957               Russell

 

 722,066              Nov. 23,1965               Alziari

 

 763,839             July  25,1967               Squire

 

 The patent to Russell discloses a telescopic jack post. Squire shows a base

 jack for a scaffold. Alziari shows a sleeve mounted on a vertical form

 support post. The patents to Alderfer and Vocisano show additional examples

 of telescoping jack posts having both discrete and continuous adjustments.

 

 In the Final Action the examiner had, inter alia, this to say:

 

 ...

 

 In the patent to Squire a base jack for a scaffold is combined

 with discrete pin-in-hole adjustment. True, as applicant

 states the tubular members cannot be rotated under load in the

 patent to Squire however this patent states:

 

 Screw jacks 18 are provided at the bottom of the

 base frames 14-15 for levelling of the frames and

 the shoring scaffold while screw jacks 19 are

 provided at the top of the extension frames 16-17

 for fine adjustment of the head of the shoring

 scaffold.

 

Whether the load supporting nut 77 is rotated as in the patent

 to Squire or whether the tubing itself is rotated as in the

 present application is not considered a patentable distinction.

 The patent to Squire also shows through holes 29 for adjustable

 reception of extension legs 36-27.

 

 The patent to Alziari shows in figures 1 and 2 a sleeve mounted

 on a vertical form support post by a pin-in-hole attachment.

 A screw jack is mounted on the sleeve for continuous adjustment.

 Applicant states in his reply that his support bracket of

 metal strip can be manufactured as a pressing which is

 relatively inexpensive and which does not require threading.

 However, whether the screw thread is at one end of the tube

 as in the present application, or a threaded bracket as in the

 patent to Alziari is not considered a patentable distinction.

 Screw threading is required at some point to produce the obvious

 result. The limiting factor, when considering the strength

 of the pin to support the load of the scaffold is considered to

 be shear strength, not bending moment as stated in applicant's

 disclosure.

 

The patents to Alderfer and Vocisano show additional examples

of telescoping jack posts having both discrete and continuous

adjustment. Applicant states that these references are totally

irrelevant, however, the present disclosure states that:

 

"Furthermore, again without modification, the jack

could be applied to a prop."

 

Thus the two situations are closely related in the present

application. They are also common knowledge in the prior art

and presented in numerous references.

 

All claims are therefore again rejected as directed to sub-

ject matter entirely obvious in view of the prior art. In

addition, nothing in applicant's disclosure is seen that

would require the exercise of inventive ingenuity.

 

...

 

In response to the Final Action the agent present his position (in part):

 

 ...

 

   The present invention relates to a base jack for the tubular

standards of a scaffold structure, which jack, in comparison

to the cited references, provides, inter alia, the following

novel and important advantages:

 

a) The present base jack enables both coarse and fine

vertical adjustment by means solely of the base jack itself;

 

b) The present base jack enables such coarse and fine ad-

justment in a scaffolding comprising tubular stands which are

not in any way modified for use with the base jack and which

are all of the same diameter; and

 

c) By employing a bracket slidable along a tube for support-

ing the lower most end of the standard, such end can be

supported at any of a plurality of positions distributed

along substantially the entire length of the tube. Conse-

quently, the standard can, when required, be supported at a con-

siderably lower position than would be possible with a jack

employing two tubes telescopically displaceable for coarse ad-

justment, as discussed in greater detail below.

 

It is emphasized that not a single one of the cited references

provides a single one of these three advantages.

 

Moreover, as will be more readily apparent from the following

discussion, these three advantages are not the only advantages

of the present invention.

 

With respect to the Russell reference, which relates to a

telescopic jack post and not to a base jack, the Examiner

has commented that the combination of screw and pin-in-hole

adjustment is old and well known in many and diverse situations,

the cited references being examples.

 

However, it does not follow from this that it would be obvious

to the man skilled in the art that it would be possible, or even

desirable, that the Russell jack post could be modified to

provide the present invention.

 

In fact, neither the Russell patent nor any of the other cited

references even anticipates the basic concept of combining

screw and pin-in-hole adjustment in the base jack. Whether or

not it would be difficult for the man skilled in the art to imple-

ment this combination in a practical manner after the basic concept

has been concerned in no way detracts from the inventive merit of

the concept itself....

 

 ...

 

Consequently, to arrive at the present invention from the

Russell reference, it is necessary to conceive the following

modifications of the Russell jack post:-

 

Firstly, it is necessary to conceive the concept of a base

jack enabling both coarse and fine adjustment which can be

inserted into the lower end of a tubular standard.

 

Secondly, it is necessary to realize that the jack post taught

by Russell can be changed into a base jack by turning it upside

down.

 

Thirdly, it is necessary to abandon the concept of two telescop-

ically adjustable tubes, as taught by Russell, and instead adopt

the concept of a single post with means for adjustably support-

ing the standard on such single post.

 

Fourthly, it is necessary to abandon Russell's teachings of a

collar I having reverse annular cups, which is an essential

feature of claim 1 of the Russell patent, and to substitute

therefor a bracket.

 

It is respectfully but emphatically submitted that such numerous

and extensive modifications, which would leave very little

remaining of the teachings of the Russell patent, would not be

obvious to a man skilled in the art without hindsight knowledge

of the present invention.

 

...

 

On March 7, 1978 the examiner referred this application to the Board and stated

that in view of "persuasive arguments" he was willing to allow the claims

providing the subject matter of claim 3 was combined with that of claim 1.

 

We carefully reviewed the prosecution of the application and decided that such

an amendment would, in our view. place the claims in allowable form. Accord-

ingly, we notified the agent Mr. Brian Long. He in turn, on March 13, 1978,

submitted a counter proposed amendment to the Board where claims 1 and 3 were

amended to read:

 

1. A base jack for the tubular standards of a scaffold structure

which comprises a tube having a plurality of spaced pairs of

transverse holes, a support bracket slidable lengthwise of said

tube and having a single pair of transverse holes arranged to

coincide with any one of said pairs of holes in said tube, said

support bracket comprising a metal strip which is shaped to

present a box-like projection, the free ends of said strip being

of arcuate formation to closely fit round said tube, a locking

pin provided to extend through the coincident holes in said

bracket and said tube to selectively position said bracket on

said tube, and a base plate supporting a screw threaded rod which

is in threaded engagement with a screw thread at one end of said

tube, the other end of said tube being adapted telescopically to

fit into one end of a tubular standard, wherein the support

bracket is in direct sliding engagement with the tube, said support

bracket having means at the uppermost edge of the bracket to

provide a bearing surface for said one end of the tubular standard.

 

3. A base jack as claimed in claim 2, in which the means for pro-

viding a bearing surface on the bracket comprise an annular plate

secured to said uppermost edge.

 

We reviewed the proposed amendments to claims 1 and 3 and accepted them after

one additional restriction "... annular bearing" was added to claim 1. The

applicant submitted the appropriate amendment on March 15, 1978. On April

3, 1978 the applicant submitted a further amendment cancelling claim 6.

Claims 1 to 5 are now in the application.

 

In the circumstances we find it unnecessary to comment further because the

amendments made and the arguments presented overcome the rejection in the

Final Action. We recommend that the amendments to claims 1 and 3 be accepted.

 

J.F. Hughes

Assistant Chairman

Patent Appeal Board, Canada

 

I have reviewed the prosecution of this application and agree with the

recommendations of the Patent Appeal Board. Accordingly, I accept the

claims presently on file in this application. This application is returned

to the examiner for resumption of prosecution.

 

                                    Agent for Applicant

J.H.A. Gariepy

Commissioner of Patents                Bell & Adams

                                      151 Sparks Street

                                      Ottawa, Ontario

                                       K1P 5E3

Dated at Hull, Quebec

this 13th. day of April, 1978

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.