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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/19/2025 has been entered.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1, 3-5, 7, 11-12, and 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Price US 2010/0119468 (hereinafter Price) in view of Hoffman US 2069067 (hereinafter Hoffman) in view of Pool US 2002/0070577 (hereinafter Pool).
Re. Cls. 1-16, as an initial matter, the Examiner wishes to point out that Applicant’s claims are directed towards a folding step and ladder that is intended to be used with a particular vehicle (i.e. a semi-truck with various included parts). Therefore, the Examiner will treat limitations dealing with the semi-truck as intended use recitations since they refer to how the folding step and ladder is to be used rather than what constitutes the step and ladder. Further, it has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. Ex parte Masham, 2 USPQ2d 1647 (1987).
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Re. Cl. 1, Price discloses: A folding step and ladder apparatus (Fig. 6) for mounting onto a frame of a semi-truck, adjacent a front wheel of the truck, for use by an operator of the truck for maintenance of a windshield or a wiper of the truck, wherein an engine of the truck is in front of a cab of the truck and the frame extends forwardly under the engine and adjacent the front wheel, and wherein the frame, at about an uppermost surface of the front wheel, is located below the uppermost surface of the front wheel (see Fig. 6, the apparatus is capable of being used in the claimed intended use by having 608 mounted to an appropriate portion of a semi-truck), the apparatus comprising: a) a base (608, Fig. 6) adapted to be mounted onto the frame, adjacent the front wheel (see Fig. 6, 608s are adapted to mount onto a frame by having the flat surface with holes as shown), b) a step platform (606, Fig. 6) having first and second opposite ends and a length extending from the first end to the second end of the step platform (see Fig. 6, length extending in a direction from 608 to 602), the step platform defining a plane extending along the length between the first and second ends (see Fig. 6), wherein the first end of the step platform is pivotally mounted to the base (see Fig. 6-7; the platform 606 is pivotally mounted to 608 and thus is pivotally mounted to an upper end of 608), the step platform being pivotable between a vertical storage position and a horizontal deployed position (see Figs. 6-7); c) a ladder (602, 612 and 614, Fig. 6) mounted to the second end of the step platform (see Fig. 6, when 602 is within 626, the top ends of 612 are pivotally mounted to 626), wherein, in operation, when the base is mounted to the frame, adjacent the front wheel, the upper end of the base and the first end of the step platform are elevated to the first elevation (see Fig. 6-7, the upper end of 608 which is mounted to a supporting structure via the holes shown elevates the 606 relative to lower end of 608), so that the first end of the step platform is elevated above an and vertically spaced from the frame and the uppermost surface of the front wheel of the truck so that, when the step platform is deployed and rotated to the horizontal deployed position, the step platform crosses over the front wheel without interference so as to be located above and vertically spaced from the uppermost surface of the front wheel, and wherein, when in the horizontal deployed position the length of the step platform positions the second end of the step platform to an outside of the front wheel so that when the ladder pivots downwardly from the second end of the step platform, the ladder hangs so as to cross downwardly over the front wheel to thereby allow the operator to ascend the ladder and stop onto the step platform to access the windshield or wiper (see Fig. 6, by being structured as shown, the device is capable of being used in the claimed intended use, by having 608 mounted to an appropriate position on a vehicle and having 606 extending over a wheel so that 612, 614 extends down on an outer side of the wheel and enabling a user to stand on the ladder for maintenance).
Re. Cl. 3, Price discloses: when in the storage position, the step and ladder apparatus is substantially vertically aligned over the base (see Fig. 7).
Re. Cl. 4, Price discloses: when the step platform is in the vertical storage position (see Fig. 7), and when the ladder is rotated down onto the step platform so as to also be in a storage position (see Fig. 7), the step platform and ladder are snugged alongside the engine and vertically adjacent the frame, and wherein the truck includes a hood defining a wheel well which covers the front wheel when the hood is closed over the engine, and wherein the hood also includes a mud guard defined by an interior of the wheel well which, when the hood is closed, extends between the front wheel and the step platform and ladder when in their storage positions to thereby inhibit a build-up of mud splashing onto the step platform and ladder (see Fig. 7, due to the illustrated storage position, the device is capable of being used in the claimed intended use by having the portions 608 mounted onto an appropriate portion of a truck frame).
Re. Cl. 5, Price discloses: the ladder is sized to nest with the step platform when the step platform is in the vertical storage position (see Fig. 7).
Re. Cl. 7, Price discloses: the base includes a stop (see annotated figure 7), and the first end of the step platform abuts against the stop when the step platform is horizontal (see Fig. 6).
Re. Cl. 11, Price discloses: the step platform further comprises opposite first and second platform rails (see annotated figure 6), the first and second platform rails positioned perpendicular to and sandwiching the opposite first and second ends of the platform and extending downwardly from a support surface of the step platform when the step platform is in the horizontal position (see Fig. 6), the first and second platform rails and the support surface defining a platform cavity therebetween (see Fig. 6, where 602 fits within), the step platform having a platform width extending between the first and second platform rails (see Fig. 6), and the ladder further comprising opposite first and second legs (612, Fig. 6) and a plurality of rungs extending perpendicularly between the opposite first and second legs of the ladder (see Fig. 6, 602 and 614 and Paragraph 0079 Lines 1-3), the first and second legs of the ladder defining a ladder width extending from the first leg to the second leg of the ladder (see Fig. 6), and wherein when the step platform is pivoted to the horizontal so as to be in the horizontal position the ladder is in the horizontal position and coaxially aligned with the step platform (see Fig. 6, portion 602 is coaxial with 626), the ladder width is less than the platform width and the upper end of the ladder is slidably connected to the first and second platform rails to thereby allow the operator of the truck to slide the first and second legs of the ladder along the first and second platform rails so as to slide the ladder into the platform cavity into a ladder storage position (see Fig. 6-7).
Re. Cl. 12, Price discloses: when the ladder is in the ladder storage position (see Fig. 7), the step platform is pivotable to the vertical so as to be in a platform storage position (see Fig. 7).
Re. Cl. 14, Price discloses: when the ladder is in the ladder storage position and the step platform is in the platform storage position (see Fig. 7), the step platform and ladder are snugged alongside the engine and vertically adjacent the frame, and wherein the truck includes a hood defining a wheel well which covers the front wheel when the hood is closed over the engine, and wherein the hood also includes a mud guard defined by an interior of the wheel well which, when the hood is closed, extends between the front wheel and the step platform and ladder when in their storage positions to thereby inhibit a build-up of mud splashing onto the step platform and ladder (see Fig. 7, due to the illustrated storage position, the device is capable of being used in the claimed intended use by having the portions 608 mounted onto an appropriate portion of a truck frame).
Re. Cl. 1 and 15, Price does not disclose the base having an upper end and a lower end, wherein, when the base is mounted to the frame via the lower end, the upper end of the base is located vertically above and at a first elevation relative to the frame and the uppermost surface of the front wheel, the step platform pivotally mounted to the upper end of the base, the ladder having an upper end pivotally mounted to the second end of the step platform a lowermost end opposite the upper end, the ladder being pivotable, about a pivot axis located at the second end of the step platform, between a first planar position wherein the ladder lies within the plane of the step platform and a second planar position wherein the ladder is transverse to the plane of the step platform, and wherein the lowermost end of the ladder defines an arcuate travel path having a constant radius of rotation about the pivot axis when travelling between the first planar position and the second planar position (Cl. 1) or a ladder handle is mounted to the second end of the ladder for sliding the ladder between the ladder storage position and the horizontal position of the ladder (Cl. 15). Hoffman discloses a folding step configuration (Fig. 1) which includes a base (8, Fig. 1) adapted to be mounted on a frame (see vertical support, Fig. 1), the base having an upper end (see Fig. 1, where 10 is located) and a lower end (see Fig. 2-3 lower end of 8, which is secured to the vertical support via fasteners), wherein, when the base is mounted to the frame via the lower end (see Fig. 2-3), the upper end of the base is located vertically above and at a first elevation relative to the frame (see Fig. 2-3), the step platform (6, 18, Fig. 2-3) pivotally mounted to the upper end of the base (see Fig. 2, via 28), wherein in operation the upper end of the base and the first end of the step platform are elevated to the first elevation (see Fig. 2, shown in solid lines). Re. Cl. 7, Hoffman discloses the base includes a stop (16, Fig. 3), and the first end of the step platform abuts against the stop when the step platform is horizontal (see Fig. 3, left end of step platform 18 has 24 on it which abuts the stop 16).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the Price device to have its base replaced with the base of Hoffman with reasonable expectation of success since it has been held obvious to replace one known means with another to achieve a predictable result (pivotally mounting a step/shelf to a supporting surface). KSR Int’l Co. V. Teleflex Inc. 550 U.S. ___, 82 USPQ 2d 1385 (Supreme Court 2007) (KSR)
Re. Cls. 1 and 15, Price in view of Hoffman does not disclose the ladder having an upper end pivotally mounted to the second end of the step platform a lowermost end opposite the upper end, the ladder being pivotable, about a pivot axis located at the second end of the step platform, between a first planar position wherein the ladder lies within the plane of the step platform and a second planar position wherein the ladder is transverse to the plane of the step platform, and wherein the lowermost end of the ladder defines an arcuate travel path having a constant radius of rotation about the pivot axis when travelling between the first planar position and the second planar position (Cl. 1) or a ladder handle is mounted to the second end of the ladder for sliding the ladder between the ladder storage position and the horizontal position of the ladder (Cl. 15). Pool discloses a folding step and ladder apparatus (Fig. 1) which includes a step platform (16, Fig. 1) defining a horizontal plane (see Fig. 1) and pivotable between a vertical and horizontal position (see Fig. 1, by being attached to a vehicle), a ladder (16, Fig. 1) mounted to the step platform (see Fig. 1). Re. Cl. 1, Pool discloses the ladder having an upper end (38, Fig. 1) pivotally mounted to the second end of the step platform (see Fig. 1-5), a lowermost end opposite the upper end (36, Fig. 1), the ladder being pivotable (see Fig. 1-3), about a pivot axis located at the second end of the step platform (see Fig. 1-3), between a first planar position wherein the ladder lies within the plane of the step platform (see Fig. 3-4) and a second planar position wherein the ladder is transverse to the plane of the step platform (see Fig. 1-2), and wherein the lowermost end of the ladder defines an arcuate travel path having a constant radius of rotation about the pivot axis when travelling between the first planar position and the second planar position (see Fig. 1-3, when pulling the ladder 16 out and pivoting from the position shown in Fig. 3 to Fig. 1, the lowermost end would define a constant radius arcuate path rotation centers 46 and 80). Re. Cl. 15, Pool discloses a ladder handle (88, Fig. 4) is mounted to the second end of the ladder for sliding the ladder between the ladder storage position and the ladder horizontal position (see Paragraph 0037).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to replace the ladder of Price with the ladder of Pool with reasonable expectation of success since it has been held obvious to replace one known means with another to achieve a predictable result. KSR Int’l Co. V. Teleflex Inc. 550 U.S. ___, 82 USPQ 2d 1385 (Supreme Court 2007) (KSR). Furthermore, the Pool ladder configuration would provide an added advantage of having the angle the ladder forms with the step platform kept by the interaction with the stop (58) as discussed in Paragraph 0031.
Claims 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Price in view of Hoffman in view of Pool as applied above, and further in view of Demonte US 2022/0009418 (hereinafter Demonte).
Re. Cls. 17-19, the combination of Price, Hoffman and Pool does not disclose a platform handle having a lower end mounted to the step platform and an upper end located at a higher elevation than the lower end when the step platform is in the horizontal deployed position (Cl. 17), the lower end of the platform handle is pivotably mounted to the step platform between the first and second opposite ends, the platform handle being pivotable between a deployed position and a stowed position (Cl. 18) or the platform handle is laterally offset from the step platform and from the ladder in both the deployed position and the stowed position (Cl 19). Demonte discloses a ladder and step apparatus (Fig. 3) which includes a step platform (25, Fig. 3) and a platform handle (27, Fig. 3) having a lower end mounted to the step platform (see Fig. 3) and an upper end located at a higher elevation than the lower end when the step platform is in the horizontal deployed position (see Fig. 3); the lower end of the platform handle is pivotably mounted to the step platform between the first and second opposite ends (see Fig. 3 and 12), the platform handle being pivotable between a deployed position (see Fig. 3) and a stowed position (see Fig. 12, the handle is capable of being pivoted downwardly to a stowed position where the handle is not straight vertical with respect to 24, i.e. lying parallel to surface 29); the platform handle is laterally offset from the step platform and from the ladder in both the deployed position and the stowed position (see Fig. 3 and 12, no matter how much handle 27 is pivoted, it will remain laterally offset from or to the side of the platform 25).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combined Price, Hoffman and Pool device to have the handle of Demonte with reasonable expectation of success since Demonte states that such a modification permits grasping by a user while the user is climbing the structure (Paragraph 0048, Lines 1-5). Such a modification would make it safer to traverse the structure.
Claims 20-23 are rejected under 35 U.S.C. 103 as being unpatentable over Price in view of Pool.
Re. Cl. 1, Price discloses: A folding step and ladder apparatus (Fig. 6) adapted to be mounted onto a truck for providing maintenance access thereto (see Fig. 6, using 608), the apparatus comprising: a base (608, Fig. 6) adapted to be fastened to a frame of the truck adjacent a front wheel (see Fig. 6 and Paragraph 0074, in the same manner as attached to the engine compartment as discussed); a step platform (606, Fig. 6) having a first end pivotably mounted to the base (see Fig. 6-7) and a second end opposite the first end (see Fig. 6, where 602 comes out of), the step platform being pivotable between an upright storage position wherein the step platform extends upwardly from the base (see Fig. 7) and a deployed position wherein the step platform extends outwardly from the base and is configured to support the weight of an operator standing thereon (see Fig. 6); and a ladder (602, 612, 614 Fig. 6) telescopically received within the step platform (see Fig. 6-7), the ladder being slidingly displaceable in a substantially horizontal plane defined by the step platform between a retracted ladder position and a fully extended ladder position (see Fig. 6-7), the ladder being stored within the step platform in the retracted ladder position (see Fig. 7).
Re. Cls. 20-23, Price does not disclose the ladder having an upper end pivotable about a pivot axis, the pivot axis being located at the second end of the step platform when the ladder is in the fully extended position; wherein when the ladder is in the fully extended ladder position, the ladder rotates, about the pivot axis, out of the substantially horizontal plane and towards the ground by pivoting between a first planar position in the substantially horizontal plane and a second planar position transverse to the substantially horizontal plane; and wherein rotation of the ladder about the pivot axis is prevented when the ladder is sliding in the substantially horizontal plane between the retracted ladder position and the fully extended ladder position (Cl. 20), the ladder is in the second planar position, the ladder abuts a stop that limits rotational movement of the ladder about the pivot axis (Cl. 21), when the ladder is in the second planar position, an interior angle is defined between the ladder and the substantially horizontal plane defined by the step platform, the angle remaining fixed when a load is applied on a step of the ladder (Cl. 22), or the angle is obtuse (Cl. 23). Pool discloses a folding step and ladder (Fig. 1) which includes a step platform (16, Fig. 1) defining a horizontal plane (see Fig. 1) and pivotable between a vertical and horizontal position (see Fig. 1, by being attached to a vehicle), a ladder (16, Fig. 1) mounted to the step platform (see Fig. 1). Re. Cl. 20, Pool discloses a ladder (16 Fig. 1) telescopically received within the step platform (see Fig. 1-5), the ladder being slidingly displaceable in a substantially horizontal plane defined by the step platform between a retracted ladder position and a fully extended ladder position (see Fig. 1-5, by pulling the ladder 16 out of 12/14), the ladder being stored within the step platform in the retracted ladder position (see Fig. 4-5), the ladder having an upper end pivotable about a pivot axis (see Fig. 2-4, about an axis at 46, 80), the pivot axis being located at the second end of the step platform when the ladder is in the fully extended position (see Fig. 2); wherein when the ladder is in the fully extended ladder position, the ladder rotates, about the pivot axis, out of the substantially horizontal plane and towards the ground by pivoting between a first planar position in the substantially horizontal plane and a second planar position transverse to the substantially horizontal plane (see Fig. 1-5, by pulling out 16 and holding it horizontally, the ladder 16 can then pivot in the manner claimed to be positioned as shown in Fig. 2); and wherein rotation of the ladder about the pivot axis is prevented when the ladder is sliding in the substantially horizontal plane between the retracted ladder position and the fully extended ladder position (see Fig. 1-4, before the ladder 16 is fully extended, the rails 12/14 would prevent pivoting of the ladder by their interference with 80 and 46). Re. Cl. 21, Pool discloses the ladder is in the second planar position, the ladder abuts a stop that limits rotational movement of the ladder about the pivot axis (see 58, Fig. 2). Re. Cl. 22, Pool discloses when the ladder is in the second planar position, an interior angle is defined between the ladder and the substantially horizontal plane defined by the step platform, the angle remaining fixed when a load is applied on a step of the ladder (see Fig. 2, by interaction with 58). Re. Cl. 23, Pool discloses the angle is obtuse (see Fig. 2, the angle between 16 and 34 is shown as obtuse).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to replace the ladder of Price with the ladder of Pool with reasonable expectation of success since it has been held obvious to replace one known means with another to achieve a predictable result. KSR Int’l Co. V. Teleflex Inc. 550 U.S. ___, 82 USPQ 2d 1385 (Supreme Court 2007) (KSR). Furthermore, the Pool ladder configuration would provide an added advantage of having the angle the ladder forms with the step platform kept by the interaction with the stop (58) as discussed in Paragraph 0031.
Claims 24-26 are rejected under 35 U.S.C. 103 as being unpatentable over Price in view of Pool as applied above, and further in view of Demonte US 2022/0009418 (hereinafter Demonte).
Re. Cls. 24-26, the combination of Price and Pool does not disclose a platform handle having a lower end mounted to the step platform and an upper end located at a higher elevation than the lower end when the step platform is in the horizontal deployed position (Cl. 24), the lower end of the platform handle is pivotably mounted to the step platform between the first and second opposite ends, the platform handle being pivotable between a deployed position and a stowed position (Cl. 25) or the platform handle is laterally offset from the step platform and from the ladder in both the deployed position and the stowed position (Cl 26). Demonte discloses a ladder and step apparatus (Fig. 3) which includes a step platform (25, Fig. 3) and a platform handle (27, Fig. 3) having a lower end mounted to the step platform (see Fig. 3) and an upper end located at a higher elevation than the lower end when the step platform is in the horizontal deployed position (see Fig. 3); the lower end of the platform handle is pivotably mounted to the step platform between the first and second opposite ends (see Fig. 3 and 12), the platform handle being pivotable between a deployed position (see Fig. 3) and a stowed position (see Fig. 12, the handle is capable of being pivoted downwardly to a stowed position where the handle is not straight vertical with respect to 24, i.e. lying parallel to surface 29); the platform handle is laterally offset from the step platform and from the ladder in both the deployed position and the stowed position (see Fig. 3 and 12, no matter how much handle 27 is pivoted, it will remain laterally offset from or to the side of the platform 25).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combined Price and Pool device to have the handle of Demonte with reasonable expectation of success since Demonte states that such a modification permits grasping by a user while the user is climbing the structure (Paragraph 0048, Lines 1-5). Such a modification would make it safer to traverse the structure.
Allowable Subject Matter
Claims 9-10 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.
Response to Arguments
Applicant’s arguments with respect to claims 1 and 20 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Jennings US 2642217, Layne US 2025/0083606, Pyle US 3756622, and Bechen US 7261357 disclose other known ladder configurations which are presented to the Applicant for their consideration.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER E GARFT whose telephone number is (571)270-1171. The examiner can normally be reached Monday-Friday 8:00 a.m. to 5:00 p.m..
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/CHRISTOPHER GARFT/Primary Examiner, Art Unit 3632