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 .
DETAILED ACTION
The instant application having Application Number: 17/856,908 filed on 7/1/22 has a total of 43 claims pending for examination; there are 2 independent claims and 41 dependent claims, of which claims 1, 6-22 and 38-47 are examined below.
Election/Restrictions
Applicant’s election without traverse of species I in the reply filed on 1/5/26 is acknowledged.
Information Disclosure Statement
The Information Disclosure Statement(s) has been reviewed by the examiner and is found to comply with the provisions of 37 CFR 1.97, 1.98 and MPEP § 609.
Drawings
The drawing(s) have been reviewed by the examiner and are found comply with the provisions of 37 CFR 1.81 to 1.85.
Specification
The disclosure is objected to because of the following informalities:
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant's cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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, 6-22 and 38-47 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 pre-AIA the applicant regards as the invention.
With regards to claim 1, the phrase “metal top step” introduced in line 9 renders the claim indefinite since it’s not clear how to interpret it. Is it supposed to be a “step” entirely made out of metal positioned at the top position relative to other steps of the stool or is it supposed to be a “step” that has a metal top wherein the step can be in any position along the stool, not necessarily being the top step. Further clarification is requested. Examiner notes that any other mention of “metal top step” may need further clarification as well.
With regards to claims 6-22 and 38-46, due to their direct or indirect dependence from claim 1, they suffer from the same deficiencies and are rejected under the same rationale.
With regards to claim 47, line 9 also introduces a “metal top step” as claim 1 does and thus is rejected under similar rationale as above.
Due to the vagueness and a lack of clear definiteness in the claims, the claims have been treated on their merits as best understood by the examiner.
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.
Claim(s) 1 and 44 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent No. 8,684,139 to Leng (hereinafter Leng).
With regards to claim 1, Leng teaches a foldable step stool [figs 1-2, 4-10] comprising an expandable step frame [figs 1-2, 4-10 elements 100, 200, 300] including a front leg unit [figs 1-2, 4-10 elements 100] and a rear leg unit [figs 1-2, 4-10 elements 300] pivotably coupled [figs 1-2, 4-10 elements 110 pivotally couple elements 100 and 300] to the front leg unit [figs 1-2, 4-10 elements 100] at a leg-pivot axis [figs 1-2, 4-10 elements 110] for pivotable movement relative to the front leg unit [figs 1-2, 4-10 elements 100] during a change in the expandable step frame [figs 1-2, 4-10 elements 100, 200, 300] from a collapsed-storage mode [fig 4 when element 600 is unlocked and front and rear legs pushed towards each other, the front and rear legs lie alongside to each other] in which the rear leg unit [figs 1-2, 4-10 elements 300] lies alongside the front leg unit [figs 1-2, 4-10 elements 100] to an expanded-use mode [fig 8] in which ground-engaging lower ends of the rear leg unit [figs 1-2, 4-10 elements 300] and the front leg unit [figs 1-2, 4-10 elements 100] are separated to establish an acute angle [fig 8, angle between elements 100 and 300 as shown] between the front [figs 1-2, 4-10 elements 100] and rear leg units [figs 1-2, 4-10 elements 300], the rear leg unit [figs 1-2, 4-10 elements 300] including first and second rear legs [fig 1 shows two elements 300 – column 4 lines 13-16] and a step-support crossbar [figs 1-8 element 310] arranged to interconnect the first and second rear legs [as shown in fig 2, element 310 couples to elements 300],
a metal top step [figs 1-8 element 400 – column 4 lines 23-38] including a step panel [figs 1-8 element 420] on which a user may stand when the step frame [figs 1-2, 4-10 elements 100, 200, 300] is in the expanded-use mode [fig 8] and a rim [figs 1-8 element 410] coupled to a perimeter of the step panel [figs 1-8 element 420], the metal top step [figs 1-8 element 400] being pivotably coupled [figs 4-8 show the pivoting element 400] to each of the front [figs 1-2, 4-10 elements 100] and the rear legs units [figs 1-2, 4-10 elements 100] to support the step panel [figs 1-8 element 420] for movement between a horizontal orientation when the expandable step frame is in the expanded-use mode [fig 8] and a vertical orientation when the expandable step frame is in the collapsed- storage mode [fig 4 when element 600 is unlocked and front and rear legs pushed towards each other, the front and rear legs lie alongside to each other], and
a releasable step-retainer lock [figs 1-8 element 640, 610] including a latch base [figs 1-8 element 610], a pivotable crossbar latch [figs 1-8 element 640] supported for pivotable movement about a latch-pivot axis [fig 3 element 630] relative to the latch base [fig 3 element 610] to engage the step-support crossbar [figs 1-8 element 310] of the step frame [figs 1-2, 4-10 elements 100, 200, 300] when the step frame [figs 1-2, 4-10 elements 100, 200, 300] is in the expanded-use mode [fig 8] to stabilize the expandable step frame [figs 1-2, 4-10 elements 100, 200, 300] and the step stool [figs 1-2, 4-10] is opened and to disengage the step-support crossbar [figs 1-8 element 310] of the step frame [figs 1-2, 4-10 elements 100, 200, 300] when the step frame [figs 1-2, 4-10 elements 100, 200, 300] is in the collapsed-storage mode [fig 4 when element 600 is unlocked and front and rear legs pushed towards each other, the front and rear legs lie alongside to each other] and the step stool [figs 1-2, 4-10] is closed [fig 4 when element 600 is unlocked and front and rear legs pushed towards each other, the front and rear legs lie alongside to each other], and latch-mount means [figs 1-8 element 620] for coupling the latch base [figs 1-8 element 610] to an underside of the metal top step [figs 1-8 element 400] to cause the releasable step-retainer lock [figs 1-8 element 640, 610] to move with the metal top step [figs 1-8 element 400] relative to the step frame [figs 1-2, 4-10 elements 100, 200, 300] during a change of the step frame between the collapsed-storage mode [fig 4 when element 600 is unlocked and front and rear legs pushed towards each other, the front and rear legs lie alongside to each other] and the expanded-use mode [fig 8] without forming holes or [note use of alternate language] other blemishes in the step panel [figs 1-8 element 420] of the metal top step [figs 1-8 element 400 – elements 610 are mounted to the underside of element 400 by means of intermediate plate element 620 which does not form any blemishes on the step panel element 420 which would spoil the visual appearance of the step panel 420 as shown in figures 1, 3, 9 and 10 (element 420 doesn’t have any blemishes].
With regards to claim 44, Leng teaches the foldable step stool of claim 1, wherein the releasable step-retainer lock includes a latch-pivot axle [fig 3 element 310] and the pivotable crossbar latch [fig 3 element 640] includes a fingergrip [fig 3 element 644] and a support arm [fig 3 element 641] arranged to interconnect the fingergrip [fig 3 element 644] and the latch-pivot axle [fig 3 element 310] and to engage a latch-pivot blocker [fig 2 element 422] of the latch base when the step frame is in the collapsed-storage mode [fig 4 when element 600 is unlocked and front and rear legs pushed towards each other, the front and rear legs lie alongside to each other] and in the expanded-use mode [fig 8].
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent No. 6,427,805 to Gibson et al (hereinafter Gibson).
With regards to claim 1, Gibson teaches a foldable step stool [figs 1-5, 12-14 element 10] comprising an expandable step frame [figs 1-5, 12-14 element 12] including a front leg unit [figs 1-5, 12-14 element 14] and a rear leg unit [figs 1-5, 12-14 element 16] pivotably coupled to the front leg unit [figs 1-5, 12-14 element 14] at a leg-pivot axis for pivotable movement [figs 1-5, 12-14 element 174] relative to the front leg unit [figs 1-5, 12-14 element 14] during a change in the expandable step frame [figs 1-5, 12-14 element 10] from a collapsed-storage mode [fig 4] in which the rear leg unit [figs 1-5, 12-14 element 16] lies alongside the front leg unit [figs 1-5, 12-14 element 14] to an expanded-use mode [figs 1-3, 8, 12-13] in which ground-engaging lower ends of the rear leg unit [figs 1-5, 12-14 element 16] and the front leg unit [figs 1-5, 12-14 element 14] are separated to establish an acute angle [figs 1-3, as shown] between the front [figs 1-5, 12-14 element 14] and rear leg units [figs 1-5, 12-14 element 16, made up of elements 29, 31], the rear leg unit [figs 1-5, 12-14 element 16, made up of elements 29, 31] including first and second rear legs [figs 1-5, 12-14 elements 16, made up of elements 29, 31] and a step-support crossbar [figs 1-5, 12-14 element 180] arranged to interconnect the first and second rear legs [figs 1-5, 12-14 elements 16, made up of elements 29, 31],
a metal top step [figs 1-5, 12-14 element 34] including a step panel [figs 1-5, 12-14 element 95] on which a user may stand when the step frame [figs 1-5, 12-14 element 12] is in the expanded-use mode [figs 1-3, 8, 12-13] and a rim [front and back panels 96, 98, and side panels 126, 128] coupled to a perimeter of the step panel [figs 1-5, 12-14 element 95], the metal top step [figs 1-5, 12-14 element 34] being pivotably coupled [at connection point between element 34 and elements 14 and 16] to each of the front [figs 1-5, 12-14 element 14] and the rear legs units [figs 1-5, 12-14 element 16] to support the step panel [figs 1-5, 12-14 element 95] for movement between a horizontal orientation when the expandable step frame is in the expanded-use mode [figs 1-3 show element 34 in a horizontal orientation] and a vertical orientation when the expandable step frame is in the collapsed- storage mode [fig 4 shows element 34 in a vertical orientation in the collapsed-storage mode], and
a releasable step-retainer lock [element 22] including a latch base [element 228 figs 9 column 7 lines 18-21], a pivotable crossbar latch [element 22] supported for pivotable movement about a latch-pivot axis [element 216] relative to the latch base [element 228] to engage the step-support crossbar [figs 1-5, 12-14 element 180] of the step frame [figs 1-5, 12-14 element 12] when the step frame [figs 1-5, 12-14 element 12] is in the expanded-use mode [figs 1-3, 8, 12-13] to stabilize the expandable step frame [figs 1-5, 12-14 element 12] and the step stool [figs 1-5, 12-14 element 10] is opened and to disengage the step-support crossbar [figs 1-5, 12-14 element 180] of the step frame [figs 1-5, 12-14 element 12] when the step frame [figs 1-5, 12-14 element 12] is in the collapsed-storage mode [fig 4 shows element 34 in a vertical orientation in the collapsed-storage mode] and the step stool is closed [fig 4], and latch-mount means for coupling the latch base to an underside of the metal top step [element 22 is formed to include apertures 194 through which a pin 198 pivotably couples element 22 to the underside of element 34 – column 6 lines 35-37] to cause the releasable step-retainer lock to move with the metal top step relative to the step frame during a change of the step frame between the collapsed-storage mode [fig 4 shows element 34 in a vertical orientation in the collapsed-storage mode] and the expanded-use mode [figs 1-3, 8, 12-13] without forming holes or other blemishes in the step panel of the metal top step [element 22 shown to couple with element 180 without the need for additional holes or blemishes when engaged or disengaged – figs 2, 4, 5 column 6 lines 35-37].
Allowable Subject Matter
Claims 6-22, 38-43 and 45-46 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claim 47 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
With regards to claim 6, the prior art of record alone or in combination fails to teach or fairly suggest wherein the latch base is made of a plastics material and the latch-mount means includes a latch-base anchor made of a metal material and arranged to engage the underside of the step panel of the metal top step and weldment coupled to the latch-base anchor and to the rim of the metal top step, in combination with the other limitations found in the claim.
With regards to claims 7-14, due to their direct or indirect dependence from claim 6, they indicate allowable subject matter for at least the same reasons.
With regards to claim 15, the prior art of record alone or in combination fails to teach or fairly suggest wherein the latch base is made of a plastics material and the latch-mount means includes a latch-base anchor made of a metal material and arranged to engage the underside of the step panel of the metal top step, weldment coupled to the latch-base anchor and to the rim of the metal top step, and a base fastener configured to couple the latch base made of the plastics material to the latch-base anchor made of the metal material without passing through the step panel of the metal top step, in combination with the other limitations found in the claim.
With regards to claims 16-20, due to their direct or indirect dependence from claim 15, they indicate allowable subject matter for at least the same reasons.
With regards to claim 21, the prior art of record alone or in combination fails to teach or fairly suggest wherein the latch-mount means includes a latch-base anchor fixed to the step panel and the latch base engages the latch-base anchor to locate the releasable step-retainer lock in an interior region of the metal top step bounded by the rim, in combination with the other limitations found in the claim.
With regards to claim 22, due to its direct dependence from claim 21, it is indicated as having allowable subject matter for at least the same reasons.
With regards to claim 38, the prior art of record alone or in combination fails to teach or fairly suggest wherein the latch- mount means includes a latch-base anchor made of a metal material and weldment coupled to the latch-base anchor and to the metal top step, in combination with the other limitations found in the claim.
With regards to claims 39-43, due to their direct or indirect dependence from claim 38, they indicate allowable subject matter for at least the same reasons.
With regards to claim 45, the prior art of record alone or in combination fails to teach or fairly suggest wherein a proximal end of the support arm is formed to include an axle-mount bearing sized to receive the latch-pivot axle therein to establish rotative bearing engagement of the latch-pivot axle and the support arm during pivotable movement of the pivotable crossbar latch about the latch-pivot axis, in combination with the other limitations found in the claim.
With regards to claim 46, due to its direct dependence from claim 45, it is indicated as having allowable subject matter for at least the same reasons.
With regards to claim 47, the prior art of record alone or in combination fails to teach or fairly suggest weldment coupled to the latch-base anchor and to the rim of the metal top step, in combination with the other limitations found in the claim.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US Patent No. 6,550,579 to Gibson et al. teaches a step stool having a frame comprised of a pair of front legs and a pair of back legs that are coupled at the top to pivot the frame between an opened and a closed position. The step stool having a top step that moves between a horizontal and a vertical position whenever it’s opened or closed. The top step having a latch that engaged a crossbar between the two rear legs of the frame.
US Patent No. 6,902,035 to Baumgartner et al.teaches a step stool having a frame for pivotable movement and a step lock to lock the top step to block pivotable movement of the step relative to the frame. The step lock having a handle to pivot the latch to engage a crossbar between two rear legs of the step stool.
US Patent No. 7,963,369 to Parker teaches a step stool having front legs and rear legs that pivot at a top connection. The step stool having a top step having a linkage assembly that engages a crossbar between the two rear legs to keep the top step attached to the crossbar.
US Patent No. 8,146,710 to Moldthan et al. teaches a step stool having a top step that has a latch that engages a crossbar between two rear legs.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID E MARTINEZ whose telephone number is (571)272-4152. The examiner can normally be reached Monday-Friday 8:30am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Daniel P Cahn can be reached on (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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DEM
/DAVID E MARTINEZ/Primary Examiner, Art Unit 3634
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