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 .
The following final office action is in response to the reply filed November 20, 2025.
Drawings
The drawing corrections filed June 11, 2025 and November 20, 2025 have been approved.
The drawings, however, are still objected to because they fail to comply with 37 CFR 1.84(l) since the lines, numbers, and letters are not sufficiently dense and dark, and uniformly thick and well-defined as to give the drawings satisfactory reproduction characteristics. Note that at least figures 1, 1a and 2-7 (see the drawings filed July 25, 2022) fail to comply with 37 CFR 1.84(l). See the examples below from the drawing correction filed July 25, 2022.
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Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 1 is objected to because “the ladder having” on line 3 brings the clarity of the claim into question because it is redundant. Note that the applicant has set forth a ladder in the preamble of claim 1 and that the ladder comprises the upper and lower ends, opposing side rails and treads.
Claim 1 is objected to because “pivot point” on line 11 brings the clarity of the claim into question because it is unclear how the support tube defines a point. It appears that the support tube would define a pivot axis rather than a pivot point.
Claim 16 is objected to because “the ladder having” on line 3 brings the clarity of the claim into question because it is redundant. Note that the applicant has set forth a ladder in the preamble of claim 1 and that the ladder comprises the upper and lower ends, opposing side rails and treads.
Claim 16 is objected to because “pivot point” on line 11 brings the clarity of the claim into question because it is unclear how the support tube defines a point. It appears that the support tube would define a pivot axis rather than a pivot point.
Claim 16 is objected to because “or one or more of the treads located below the support tube” on line 16 brings the clarity of the claim into question because it is unclear what the applicant is attempting to set forth. It appears that the phrase “or one or more of the treads located below the support tube” should follow “the lower end of the ladder” on line 15 of claim 16.
Appropriate correction is required.
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.
Claims 1, 6-9, 11-16 and 20 are 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.
Recitations such as “the force generating element in combination . . . moves the ladder” on lines 13-15 of claim 1 and “the force generating element causes the ladder to automatically rotate” on lines 18-19 of claim 1 render the claims indefinite because it is unclear how the ladder is able to move the ladder to the predetermined angular position and automatically cause the ladder to return to the horizontal position. It appears that the force generating element only returns the ladder from the predetermined angular position to the horizontal position. It is unclear how the force generating element would be able to move the ladder to the predetermined angular position and return the ladder from the predetermined angular position to the horizontal position.
Recitations such as “the force generating element in combination . . . moves the ladder” on lines 13-15 of claim 16 and “the force generating element causes the ladder to automatically rotate” on lines 23-24 of claim 16 render the claims indefinite because it is unclear how the ladder is able to move the ladder to the predetermined angular position and automatically cause the ladder to return to the horizontal position. It appears that the force generating element only returns the ladder from the predetermined angular position to the horizontal position. It is unclear how the force generating element would be able to move the ladder to the predetermined angular position and return the ladder from the predetermined angular position to the horizontal position.
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 1, 6, 7, 12, 13, 15 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Laymance (US 7017709) in view of Grovender (US 2015/0291262).
Laymance discloses an automatically retractable marine ladder, comprising:
the ladder 16 having opposing upper and lower ends (labeled below), a pair of opposing siderails 20, 22, and a plurality of treads 32 attached to the opposing siderails 20, 22;
a support tube 68 pivotably attached to at least one of the siderails 20, 22, wherein the support tube 68 is located adjacent a user foot entry and exit point (labeled below) on the ladder, enabling the ladder to rotate about the support tube 68, and wherein the support tube 68 is rigidly attached to a fixed element 12 (not shown, but see the seawall as set forth on line 42 of column 4) located in or adjacent to a body of water;
a force generating element 40 associated with the ladder 16, wherein the force generating element 40 facilitates rotation of the ladder 16 about a pivot point associated with the support tube 68;
wherein the force generating element 40 causes the ladder 16 to be generally horizontally positioned when the ladder is not in use as set forth on lines 2-4 of column 8, and wherein body weight of a user exerted on one or more of the siderails 20, 22, or on one or more of the treads 32 located between the support tube 68 and the lower end of the ladder, moves the ladder 16 to a predetermined angular position, thereby enabling the user to exit the ladder and then enter the water, or to step onto the ladder and then exit the water via the fixed element 12; and
wherein following the exit of the user from the ladder, the force generating element 40 causes the ladder 16 to automatically rotate from the predetermined angular position to the generally horizontal position as set forth on lines 2-4 of column 8 (claim 1);
wherein the support tube 68 may be coupled and decoupled from the fixed element 12, thereby freeing the marine ladder 16 from the fixed element 12 by removing the bolts (not shown) from the holes 66 in the bracket 18 (fig. 5), thereby freeing the marine ladder from the fixed element 12 (claim 6). See lines 46-49 of column 5;
wherein the fixed element 12 comprises one or more of the following: a standing sectional dock; a standing wheel-in dock; a floating dock; a swim raft; a mobile swim loading platform; a breakwall 12; a bulkhead; a boat; a bridge (claim 7);
wherein the support tube 68 is pivotably attached to the ladder using at least one hinge mechanism 28, 30 (claim 13);
further comprising an axis pin 72 allowing the at least one hinge mechanism 28, 30 and the entire ladder 16 to rotate relative to the fixed element 12, wherein the axis pin 72 has a first end (labeled below) rigidly attached to the hinge mechanism 28, 30 (note that the first end is received within the hinge mechanism and is therefore rigidly attached thereto), and a second end (labeled below) free to rotate relative to the opposing siderails 20, 22 since the second end rotates relative to the ladder 16 as the ladder 16 pivots (claim 15).
Laymance is silent concerning a hydraulic or pneumatic device and the hydraulic or pneumatic device moving the ladder to a predetermined angular position.
However, Grovender (US 2015/0291262) discloses an automatically retractable marine ladder 100, comprising a force generating element 400 associated with the ladder 100, wherein the force generating element 400 comprises a hydraulic or pneumatic device (see lines 1-2 of paragraph 24 that set forth that the force generating element 400 comprises gas spring, i.e., a pneumatic device) that facilitates rotation of the ladder 100 about a pivot point;
wherein the force generating element 400 causes the ladder 100 to be positioned in a stowed position, as shown in figure 1, when the ladder 100 is not in use, and wherein the force generating element 400 in combination with body weight of a user exerted on one or more of the siderails (labeled below), or on one or more of the treads (labeled below), as set forth on lines 4-6 of paragraph 26, moves the ladder to a predetermined angular position, as shown in figure 6, thereby enabling the user to exit the ladder 100 and then enter the water, or to step onto the ladder 100 and then exit the water; and wherein following the exit of the user from the ladder 100, the force generating element 400 causes the ladder 100 to automatically rotate from the predetermined angular position, as shown in figure 6, to the stowed position, as shown in figure 1 and set forth in paragraph 31.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to replace the force generating element of Laymance with the for generating element of Grovender with a reasonable expectation of success to enable automatic positioning of the ladder of Laymance in the stowed position, i.e., horizontal position, regardless of the height of the water relative to the ladder.
With respect to claim 12, Laymance, as modified above, further discloses a dampener 400’ associated with the support tube 68 that smooths ladder movement as the ladder 16 comes to a rest at the predetermined angular position.
With respect to claim 20, Laymance discloses that the body of water comprises: a lake; an ocean; an above-ground pool; an in-ground pool; a hot tub as set forth on lines 23-26 of column 4.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Laymance in view of Grovender as applied to claims 1, 6, 7, 12, 13, 15 and 20 above, and further in view of Graves et al. (US 2022/0381090).
Graves et al. discloses a ladder 100 comprising a hand rail 164a located at a lower end of the ladder.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide Laymance, as modified above, with a handrail, as taught by Graves et al., with a reasonable expectation of success to enable a user to properly position themselves relative to the ladder as they move up and down the ladder.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Laymance in view of Grovender as applied to claims 1, 6, 7, 12, 13 and 15 above.
Laymance, as modified above, discloses that the ladder is at a predetermined angle relative to a top surface of the body of water when in use, but is silent concerning the particular angle.
However, one of ordinary skill in the art is expected to routinely experiment with parameters so as to ascertain the optimum or workable ranges for a particular use. Accordingly, it would have been no more than an obvious matter of engineering design choice, as determined through routine experimentation and optimization, for one of ordinary skill to provide Laymance, as modified above, with a predetermined angular position relative to a top surface of the body of water when in use of about 60° to ensure users can easily move up and down the ladder when in its deployed position.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Laymance in view of Grovender as applied to claims 1, 6, 7, 12, 13 and 15 above.
Laymance, as modified above, discloses that the ladder 16 returns to its generally horizontal position at a rate, but is silent concerning a particular rate.
However, one of ordinary skill in the art is expected to routinely experiment with parameters so as to ascertain the optimum or workable ranges for a particular use. Accordingly, it would have been no more than an obvious matter of engineering design choice, as determined through routine experimentation and optimization, for one of ordinary skill to provide the ladder 16 of Laymance, as modified above, with a rate of rotational movement about the support tube 68 when the ladder is returning to the generally horizontal position of about one foot/second of angular velocity to provide users with sufficient time to move out of the way of the ladder as it returns to its stored position.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Laymance in view of Grovender as applied to claims 1, 6, 7, 12, 13 and 15 above, and further in view of McCann (US 3068958). McCann discloses a ladder 10 comprising a hinge mechanism 24, 28, 31 which includes a stop pin 24 rigidly attached to a rail 16 that works in conjunction with the hinge mechanism 28, 31 to fix ladder movement to a predetermined angular position during ladder use as shown in figure 4.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to replace the stop shaft 72 of Laymance, as modified above, with a stop pin, as taught by McCann, with a reasonable expectation of success to reduce the weight of the ladder and to reduce the cost of manufacturing the ladder.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Laymance (US 7017709) in view of Grovender (US 2015/0291262). Laymance discloses an automatically retractable marine ladder, comprising:
the ladder 16 having upper and lower ends (labeled below), a pair of opposing siderails 20, 22, and a plurality of treads 32 attached to the opposing siderails 20, 22;
a support tube 68 pivotably attached to at least one of the siderails 20, 22, and located adjacent a user foot entry and exit point (labeled below) on the ladder 16, enabling the ladder 16 to rotate about the support tube 68, wherein the support tube is rigidly attached to a fixed element 12 (not shown, but see the seawall as set forth on line 42 of column 4) located in or adjacent to a body of water;
a force generating element 40 associated with the support tube 68, wherein the force generating element 40 facilitates rotation of the ladder 16 about a pivot point located on the support tube 68;
wherein the force generating element 40 causes the ladder 16 to rotate to a generally horizontal position when the ladder 16 is not in use as set forth on lines 2-4 of column 8, and wherein body weight of a user exerted on one or more of the siderails 20, 22, or one or more of the treads 32 located between the support tube 68 and the lower end of the ladder, moves the ladder 16 to a predetermined angular position, or one or more of the treads located below the support tube, thereby enabling the ladder user, if standing on the fixed element 12, to step onto the ladder 16, causing the ladder 16 to rotate from the generally horizontal position to the predetermined angular position, descend the ladder 16 and then exit the ladder 16 and move into the water, or if the ladder user is in the water and wishes to proceed to the fixed element 12, to pull down on the ladder 16 to move the ladder into the predetermined angular position and then step onto the ladder from the water, ascend the ladder and then exit the ladder and step onto the fixed element; and
wherein following the exit of the user from the ladder 16, the force generating element 40 causes the ladder 16 to automatically rotate from the predetermined angular position to the generally horizontal position.
Laymance is silent concerning a force generating element 40 comprising a pneumatic or hydraulic device that facilitates rotation of the ladder about a pivot point and the force generating element moving the ladder to a predetermined angular position.
However, Grovender (US 2015/0291262) discloses an automatically retractable marine ladder 100, comprising a force generating element 400 associated with the ladder 100, wherein the force generating element 400 comprises a pneumatic or hydraulic device (see lines 1-2 of paragraph 24 that set forth that the force generating element 400 comprises gas spring, i.e., a pneumatic device) that facilitates rotation of the ladder 100 about a pivot point; wherein the force generating element 400 causes the ladder 100 to be positioned in a stowed position, as shown in figure 1, when the ladder 100 is not in use, and wherein the force generating element 400, in combination with body weight of a user exerted on one or more of the siderails (labeled below), or on one or more of the treads (labeled below), as set forth on lines 4-6 of paragraph 26, located between an upper end of the ladder (labeled below) and the lower end of the ladder (labeled below), moves the ladder to a predetermined angular position, as shown in figure 6, thereby enabling the user to exit the ladder 100 and then enter the water, or to step onto the ladder 100 and then exit the water; and wherein following the exit of the user from the ladder 100, the force generating element 400 causes the ladder 100 to automatically rotate from the predetermined angular position, as shown in figure 6, to the stowed position, as shown in figure 1 and set forth in paragraph 31.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to replace the force generating element of Laymance with the force generating element of Grovender with a reasonable expectation of success to enable automatic positioning of the ladder of Laymance in the stowed position, i.e., horizontal position, regardless of the height of the water relative to the ladder.
Claims 17 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Laymance in view of CH 699 107.
Laymance discloses an automatically retractable marine ladder 16 having upper (labeled below) and lower (labeled below) ends, a pair of opposing siderails 20, 22, a support tube 68 pivotably attached to at least one of the side rails of the ladder, enabling the ladder to rotate about the support tube, a force generating element 40 associated with the support tube 68, and a plurality of treads 32 connecting the opposing siderails 20, 22, wherein the support tube 68 is rigidly attached to a fixed element 12 (not shown, but see the seawall as set forth on line 42 of column 4) located in or adjacent to a body of water, and the support tube 68 is located adjacent a user foot entry and exit point (labeled below) on the ladder 16, and the ladder 16 is generally horizontally positioned when not in use as set forth on lines 2-4 of column 8, wherein a user is adapted to mount the ladder 16 from the fixed element 12 and exert force or body weight on one or more of the siderails 20, 22, or one or more of the treads 32 located between the support tube 68 and the lower end of the ladder, thereby causing the ladder to move to a predetermined angular position as shown in figure 1;
the user is adapted to descend the ladder 16, and then exit the ladder 16 into the body of water;
the ladder 16 automatically retracts to the generally horizontal position (see figure 8 and lines 56-59 of column 7) under influence of the force generating element 40;
when the user wishes to exit the body of water and re-mount the ladder 16, the user while in the water pulls down on one or more of the siderails 20, 22, or on one or more of the treads 32 located below the support tube 68, thereby causing the ladder 16 to move to the predetermined angular position, and enabling the user to ascend the ladder 16 and then exit the ladder to the fixed element 12; and
the ladder is once again caused by the force generating element 40 to automatically retract to the generally horizontal position (claim 17);
the support tube 68 is decouplable from the fixed element 12 by removing the bolts (not shown) from the holes 66 in the bracket 18 (fig. 5), thereby freeing the marine ladder from the fixed element 12 (claim 18). See lines 46-49 of column 5.
Laymance is silent concerning a force generating element comprising a hydraulic or pneumatic element and a method for using the ladder.
However, CH 699 107 discloses a marine ladder 1 comprising a force generating element 4 comprising a hydraulic or pneumatic device as set forth in paragraph 22 which sets forth that the element 4 is a “gas tension spring”, wherein the force generating element 4 automatically returns the ladder 1 to a horizontal position P as shown in figure 3 and set forth in paragraph 22.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to replace the force generating element of Laymance with the force generating element of CH 699 107 with a reasonable expectation of success to enable automatic positioning of the ladder of Laymance in the stowed position, i.e., horizontal position, regardless of the height of the water relative to the ladder.
Additionally, the use of the ladder, as set forth by Laymance as modified above, would inherently lead to the method steps set forth in claims 17 and 18.
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Response to Arguments
Applicant's arguments filed November 20, 2025 have been fully considered but they are not persuasive.
The applicant argues that one of ordinary skill in the art would not have combined the teachings of Laymance and Grovender since the force generating element of Grovender is designed to retain the ladder in upright stowed position. This is not found to be persuasive because one of ordinary skill in the art would have replaced the force generating element of Laymance with the force generating element of Grovender such that the ladder of Laymance would function in the same manner with the float 40 of Laymance or the gas spring 400 of Grovender.
With respect to the applicant’s arguments concerning the motivation to combine Laymance and CH 699 107, the examiner respectfully disagrees. The rationale to modify or combine the prior art does not have be expressly stated in the prior art; the rationale may be expressly or impliedly contained in the prior art or it may be reasoned from knowledge generally available to one of ordinary skill in the art, established scientific principles, or legal precedent established by prior case law. In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988); In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992). Since the applicant has failed to address the reasoning/rationale supplied by the examiner as to why the modification would have been obvious, the applicant’s arguments are not persuasive.
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 GREGORY J STRIMBU whose telephone number is (571)272-6836. The examiner can normally be reached 8:00-4:30 Monday-Friday.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Daniel Cahn can be reached at 571-270-5616. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GREGORY J STRIMBU/Primary Examiner, Art Unit 3634