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 .
Acknowledgment is made of the amendment filed October 28, 2025. The application has been updated accordingly.
Election/Restrictions
Claims 38, 41, 51-53 and 55-56 remain withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on April 21, 2025.
Upon the allowance of a generic claim, applicant will be entitled to consideration of claims to additional species which depend from or otherwise require all the limitations of an allowable generic claim as provided by 37 CFR 1.141.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 30 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 30 recites the limitation "the power spring" in line 4. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
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 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 29, 35 and 48-49 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lair (2008/0060874).
Lair discloses:
Claim 29: An extension ladder comprising:
a base section (Fig. 8; 500) including a first base rail (Fig. 9; 505 left) and a second base rail (Fig. 9; 505 right) in a spaced relation including a plurality of base rungs attached to and extending between the first base rail and the second base rail (Fig. 9; 520);
a fly section (Fig. 8; 600) including a first fly rail (Fig. 9; 605 left) and a second fly rail (Fig. 9; 605 right) in a spaced relation including a plurality of fly rungs attached to and extending between the first fly rail and the second fly rail (Fig. 9; 620), the fly section slidably coupled to the base section (Fig. 8; Para. [0033]); and
a force applicator (Fig. 4; 109) coupled to the base section (Fig. 4; via 50) and the fly section (Fig. 8; 50 is coupled to 600 via the connection of 700), the force applicator configured to offset at least a portion of a weight of the fly section (Para. [0040]),
wherein the extension ladder is movable between an extended state where at least a portion of the fly section is extended beyond the base section (Fig. 8; 600 is extended beyond 500) and a fully retracted state where the fly section is nested with the base section (Fig. 2; 600 is nested with 500), and
wherein the extension ladder is in an adjustment configuration when the extension ladder is moving between the extended state (Fig. 8) and the fully retracted state (Fig. 3) and the force applicator offsets at least the portion of the weight of the fly section when the extension ladder is in the adjustment configuration (Para. [0040]).
Claim 35: The extension ladder of claim 29 but fails to disclose further comprising a housing covering the force applicator (Fig. 4; 109 is depicted with a housing covering the motor).
Claim 48: The extension ladder of claim 29 further comprising a lock (Fig. 2; see detail) to hold the fly section to the base section at various positions in the adjustment configuration (Fig. 2; the lip “lock” of 600 holds 600 to 500 at various positions).
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Claim 49: The extension ladder of claim 29 further comprising a pulley (Fig. 3; 305) attached to one of the plurality of fly rungs (Fig. 3; via 501) and a hoist rope (Fig. 3; 50) passed through the pulley in the adjustment configuration to extend the fly section relative to the base section (Para. [0035-0037]).
Allowable Subject Matter
Claims 30-34, 36-37, 43-47 and 50 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim 30 is considered allowable due to the recitation of “wherein the force applicator comprises a spring assembly coupled to the base section and the fly section, wherein the spring assembly includes an output spool, a storage spool, and a power spring, wherein the power spring is attached to the output spool and the storage spool”
Claims 31-34, 36-37, 39-40, 43-47 and 50 are considered allowable due to their dependency from claim 30.
Response to Arguments
Applicant’s arguments with respect to claims 29, 35 and 48-49 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kathleen M. McFarland whose telephone number is (571)272-9139. The examiner can normally be reached Monday-Friday 8:00am-4:00pm.
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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.
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/Kathleen M. McFarland/Examiner, Art Unit 3635
Kathleen M. McFarland
Examiner
Art Unit 3635
/BRIAN D MATTEI/Supervisory Patent Examiner, Art Unit 3635