Office Action 2: Notice of Allowance (2025-05-14)

CLAIMS:
IN THE CLAIMS

This listing of claims will replace all prior listings.

1\. (Currently Amended) A system for at least partially filling an orchestra pit or extending a stage, comprising:a frame assembly including a leg,
wherein the leg comprises an outer leg portion, an inner leg portion partially within the outer leg portion, and a support fastener,
wherein a bottom edge of the inner leg portion is configured to rest on a top of the support fastener, and
wherein the leg further comprises a collar, and wherein a first set of fasteners connect the collar to the outer leg portion and a second set of fasteners connect the collar to the inner leg portion.

2\. (Original) The system as recited in claim 1, wherein the support fastener is a pin.

3\. (Currently Amended) The system as recited in claim 2, wherein:the leg comprises a connection assembly configured to connect the outer leg portion to the inner leg portion, and
the connection assembly includes a-thecollar.
4\. (Original) The system as recited in claim 3, wherein:
the outer leg portion includes a plurality of sets of openings configured to receive the pin,

each set of openings includes two vertically aligned openings formed in opposite sides of the outer leg portion,
each set of openings is vertically spaced-apart from each of the other sets of openings, and
each set of openings is vertically below the collar.

5\. (Original) The system as recited in claim 3, wherein:the collar includes a central opening,
the central opening includes a first portion and a second portion having a diameter less than the first portion, and
an upper edge of the outer leg portion is received in the first portion.

6\. (Original) The system as recited in claim 5, wherein the inner leg portion is arranged in the central opening such that the bottom edge of the inner leg portion is vertically below the collar.

7\. (Original) The system as recited in claim 5, wherein the second portion is above the first portion.

8\. (Original) The system as recited in claim 5, wherein the collar includes a ledge between the first and second portions of the central opening, and wherein the ledge rests on the upper edge of the outer leg portion.

9\. (Currently Amended) A system for at least partially filling an orchestra pit or extending a stage, comprising:

a frame assembly including a leg,
wherein the leg comprises an outer leg portion, an inner leg portion partially within the outer leg portion, and a support fastener, and
wherein a bottom edge of the inner leg portion is configured to rest on a top of the support fastener,
wherein the support fastener is a pin wherein the leg comprises a connection assembly configured to connect the outer leg portion to the inner leg portion,
wherein the connection assembly includes a collar,
wherein the outer leg portion includes a plurality of sets of openings configured to receive the pin,
wherein each set of openings includes two vertically aligned openings formed in opposite sides of the outer leg portion,
wherein each set of openings is vertically spaced-apart from each of the other sets of openings,
wherein each set of openings is vertically below the collar,
wherein the collar includes a central opening,
wherein the central opening includes a first portion and a second portion having a diameter less than the first portion,
wherein an upper edge of the outer leg portion is received in the first portion, wherein a first set of fasteners connect the collar to the outer leg portion, and
wherein a second set of fasteners connect the collar to the inner leg portion.

10\. (Original) The system as recited in claim 9, wherein:

the inner leg portion includes a plurality of channels,
the second set of fasteners includes a plurality of nuts,
each of the nuts is arranged in a corresponding one of the channels, and
the second set of fasteners includes a plurality of bolts configured to project through corresponding openings in the collar to engage with a corresponding one of the nuts.

11\. (Original) The system as recited in claim 10, wherein the plurality of channels are tapered toward a central axis of the inner leg portion.

12\. (Original) The system as recited in claim 11, wherein:an outer surface of the inner leg portion is substantially polygonal in cross-section,
the outer surface of the inner leg portion includes a plurality of slots, and
each of the slots leads to one of the plurality of channels.

13\. (Original) The system as recited in claim 12, wherein an inner surface of the outer leg portion is substantially polygonal in cross-section and substantially matches a shape of the outer surface of the inner leg portion.

14\. (Original) The system as recited in claim 13, wherein the inner surface of the outer leg portion and the outer surface of the inner leg portion are both substantially octagonal in cross- section.

15\. (Original) The system as recited in claim 4, wherein the leg comprises a support channel attached adjacent a top edge of the inner leg portion, wherein the support channel is configured to at least partially support a beam.

16\. (Original) The system as recited in claim 4, wherein the leg comprises an adjustable leveling foot assembly attached adjacent a bottom edge of the outer leg portion.

17\. (Currently Amended) A method of at least partially filling an orchestra pit or extending a stage, comprising:erecting a frame assembly by arranging an inner leg portion of a leg partially within an outer leg portion such that a bottom edge of the inner leg portion rests rest on a top of a support fastener inserted through openings in the outer leg portion, wherein the step of erecting the frame assembly includes connecting the inner leg portion to the outer leg portion using a collar, wherein a first set of fasteners connect the collar to the outer leg portion and a second set of fasteners connect the collar to the inner leg portion.

18\. (Cancelled)

19\. (Currently Amended) The method as recited in claim 17,wherein the step of erecting the frame assembly includes adjusting a leveling foot assembly adjacent a bottom edge of the outer leg portion.

20\. (Original) The method as recited in claim 17, further comprising:

supporting a tension grid panel or a deck panel using the frame assembly.

OFFICE 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 .
Drawings
The drawings were received on 04/22/2025.  These drawings are acceptable.
Reasons for Allowance
The following is an examiner’s statement of reasons for allowance: Claims 1-17, 19, and 20 are allowable for the same reasons discussed in page 8 of the Non-Final Rejection dated 02/19/2025.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee.  Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion

APPLICANT REBUTTAL: REMARKSStatus Subsequent to the Non-Final Office Action:Claims 1-17 and 19-20 are pending, with claims 1, 9, and 17 being independent. Claims 1, 3, 9, 17, and 19 are amended. Claim 18 is canceled.No new matter has been added.The pending claims should be allowed for at least the below reasons.Drawings Reference number 96 has been added to Figure 11, without adding new matter, rendering moot the objection.Anticipation Claims 1, 2, 17, and 20 stand rejected under 35 U.S.C. § 102(a)(1) for allegedly being anticipated by Buchanan (U.S. 4,332,116). Applicant traverses this ground of rejection.A claim is anticipated only if each and every element as set forth in the claim is found, either expressly or inherently described, in a single prior art reference. Verdegaal Bros. v. Union Oil Co. of California, 814 F.2d 628, 631 (Fed. Cir. 1987).Claims 1 and 17 have been amended similarly. For example, claim 1 recites "wherein the leg further comprises a collar, and wherein a first set of fasteners connect the collar to the outer leg portion and a second set of fasteners connect the collar to the inner leg portion." Buchanan does not teach a collar, a first set of fasteners, or a second set of fasteners, as claimed. Accordingly, this rejection should be withdrawn.Obviousness Independent claim 1 stands rejected under 35 U.S.C. § 103 for allegedly being obvious over John (U.S. 4,234,151) in view of Buchanan. Independent claim 17 stands rejected under 35 U.S.C. § 103 for allegedly being obvious over Thiede (U.S. 2002/0116885) in view of John and Buchanan.In order to establish a prima facie case of obviousness, all the claim limitations must be taught or suggested in the references cited by the Examiner. In re Kotzab, 217 F.3d 1365, 1370 (Fed. Cir. 2000). Furthermore, "it remains necessary to identify the reason why a person of ordinary skill in the art would have combined the prior art elements in the manner claimed" to establish a prima facie case of obviousness. KSR Int'l Co. v. Teleflex, Inc. 127 S. Ct. 1727 (2007).Neither John nor Buchanan teaches "wherein the leg further comprises a collar, and wherein a first set of fasteners connect the collar to the outer leg portion and a second set of fasteners connect the collar to the inner leg portion," as recited in claim 1, and as similarly recited in claim 17. John discloses a collar 17, but that collar is not connected to inner tube 2 and outer tube 4 via two sets of fasteners, as claimed. Buchanan also lacks this arrangement, as noted above.Therefore, there is no prima facie case of obviousness.Regarding the ground of rejection used Thiede as a base reference, the Examiner uses Thiede to simply teach an orchestra pit or stage extension with a frame assembly, but otherwise makes a similar rejection to the above. Therefore, this rejection is defective for at least the above reasons.Claim 9 Allowable dependent claim 9 has been amended into independent form, including the previous base claim and intervening claims.Reservation of rights Applicant reserves all rights, and, in particular, reserves the right to pursue all originally- filed and previously presented claims in a continuation or divisional application.Further, each of the pending dependent claims should be allowed for at least the reason that it depends from an allowable base claim (without regard to the other patentable features recited therein). In re Fine, 837 F.2d 1071; MPEP § 2143.03.Applicant does not concede to any rejections not specifically addressed herein.Closing Based on the foregoing, the rejections should be withdrawn. Should any minor issues remain, Applicant's representative can be reached at the below number.The Commissioner is authorized to charge Deposit Account No. 50-1482 in the name of Carlson, Gaskey & Olds, P.C. for any required fees or credit the account for any overpayment.Respectfully Submitted, CARLSON, GASKEY & OLDS, P.C./Timothy J. Murphy/ Timothy J. Murphy Registration No. 64,613 400 West Maple, Suite 350 Birmingham, MI 48009 Telephone: (248) 283-0732