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 7/28/25. Accordingly the application has been amended.
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 1-10 and all claims depending therefrom 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. The terms “substantially completely” and “mostly” in claim 1 are a relative term which renders the claim indefinite. The terms are not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Further the claim requires “substantially” or “mostly”, it is unclear what is encompassed “substantially” and what is encompassed by “mostly” comparatively. Therefore it is unclear to what extent the shaft pin lock assembly is accommodated inside the accommodation space, and it is unclear how one of ordinary skill in the art would determine the degree of accommodation required by the claim causing confusion regarding the scope of the claimed invention.
Claim Rejections - 35 USC § 102
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) 1-9,11-16 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Boothe (4566150).
Claim 1. Booth discloses a foldable ladder, comprising a main ladder (one of 42) and an auxiliary ladder (the other of 42), wherein a top end of a ladder frame of the auxiliary ladder is connected to a ladder frame of the main ladder through a hinge mechanism (10), wherein the hinge mechanism comprises a main ladder hinge plate (12), an auxiliary ladder hinge plate (14), and a shaft pin lock assembly (the assembly as seen in figure 3) connecting the main ladder hinge plate and the auxiliary ladder hinge plate, wherein the shaft pin lock assembly is configured to be capable of being in an open state in a first operation condition, so as to enable the auxiliary ladder hinge plate and the main ladder hinge plate to be rotatable relatively to each other (as noted at col. 5), and being in a locking state in a second operation condition, so as to lock a relative position between the auxiliary ladder hinge plate and the main ladder hinge plate (col. 5),
wherein the main ladder hinge plate comprises a first hinge plate (12d,c), a second hinge plate (38), and a third hinge plate (12a,b) that are sequentially connected in a "Z" shape (as seen in the annotated figure), and in an extending direction of a pedal of the main ladder, the first hinge plate is fixed to an outer side surface of the ladder frame of the main ladder, and the first hinge plate is located on an outer side of the third hinge plate (as seen in the annotated figure), and an accommodation space (the space between the main and auxiliary ladders, at least when in the extension ladder configuration but also when in the step ladder configuration) is formed between the outer side of the main ladder and the outer side of the auxiliary ladder, such that the shaft pin lock assembly is substantially completely or mostly accommodated inside the accommodation space (where it is in the space at least in the extension ladder and step ladder configurations); and
the auxiliary ladder hinge plate is fixed to the top end of the ladder frame of the auxiliary ladder (as seen in the figure 1), and the shaft pin lock assembly passes through the third hinge plate and the auxiliary ladder hinge plate and connects the auxiliary ladder hinge plate to the third hinge plate (as noted in the figures and disclosure).
Claim 2. The foldable ladder according to claim 1, wherein a hinge plate mounting groove (the groove of 42 as noted in the annotated figure) is provided on a top end surface of the ladder frame of the auxiliary ladder, and a lower end of the auxiliary ladder hinge plate is inserted into and fixed in the hinge plate mounting groove (as seen in the figures).
Claim 3. The foldable ladder according to claim 1, wherein in the main ladder hinge plate, avoiding holes (28) for avoiding a pedal fixing member are provided on the first hinge plate and/or the second hinge plate; and/or
an avoiding groove for avoiding a pedal fixing member is provided on a side of the first hinge plate facing the ladder frame of the main ladder; and/or
an avoiding groove for avoiding a pedal fixing member is provided on a side of the second hinge plate facing the ladder frame of the main ladder.
Claim 4. The foldable ladder according to claim 1, wherein the second operation condition comprises at least three locking states (as noted at least at col. 5, lines 10-15), and in each of the locking states, the auxiliary ladder hinge plate has different angles with the main ladder hinge plate (as noted in the figures and disclosure).
Claim 5. The foldable ladder according to claim 4, wherein one of the at least three locking states is taken as an initial locking state (folded state), and another locking state exists that satisfies an angle of the auxiliary ladder hinge plate with respect to the main ladder hinge plate = an angle of the auxiliary ladder hinge plate with respect to the main ladder hinge plate in the initial locking state + 180 degrees (unfolded for extension).
Claim 6. The foldable ladder according to claim 1, wherein the shaft pin lock assembly comprises a locking pin shaft (52 and/or 80), a shaft sleeve (50 or 50’), a pressure spring (82), an unlocking handle (88), a first elastic retaining ring (62 or 102), and a second elastic retaining ring (the other of 62 or 102), wherein the locking pin shaft comprises a shaft body (80) and an end cover (52) connected to a first end of the shaft body, and positioning posts (70,72) parallel to the shaft body is provided on a side of the end cover facing a second end of the shaft body (as seen in figure 3);
a first annular limiting groove extending in a radial circumferential direction of the shaft body is provided at the second end of the shaft body (as seen in figure 3); and
a through hole (104 or 104’) radially passing through the shaft body along the shaft body is provided on the shaft body in a position between the end cover and the first annular limiting groove (as noted in the figures and disclosure), and a steel ball spring (106 or 106’), a first steel ball (108 or 108’), and a second steel ball (another 108 or 108’) are provided inside the through hole, and the first steel ball and the second steel ball respectively abut against two ends of the steel ball spring (as seen in figures 4A-5 and as noted at col. 7);
the shaft sleeve is sleeved over the shaft body and located on a side of the first annular limiting groove close to the first end of the shaft body, the shaft sleeve comprises a first hollow cylindrical segment and a second hollow cylindrical segment connected to each other (as seen in the figures), the first hollow cylindrical segment is close to a first end of the locking pin shaft, the second hollow cylindrical segment is close to a second end of the locking pin shaft, and the first hollow cylindrical segment has a diameter greater than that of the second hollow cylindrical segment (as seen in figures 4A-5);
a circumferential surface of the second hollow cylindrical segment is provided with a plurality of steel ball limiting holes (64 or 110 or 110’) arranged at intervals along a radial circumferential direction of the second hollow cylindrical segment; and
a second annular limiting groove (as seen in the figures) is further provided on an outer circumferential surface of the second hollow cylindrical segment and located on a side of the steel ball limiting holes away from the first hollow cylindrical segment, and the second annular limiting groove extends along the radial circumferential direction of the second hollow cylindrical segment;
the third hinge plate of the main ladder hinge plate is provided with a main ladder middle perforation (22) and main ladder pin shaft holes 24,25,26,27), the auxiliary ladder hinge plate is provided with an auxiliary ladder middle perforation (22) and a plurality of auxiliary ladder pin shaft holes (24,25,26,27) disposed around the auxiliary ladder middle perforation, the second hollow cylindrical segment of the shaft sleeve passes through the main ladder middle perforation and the auxiliary ladder middle perforation in sequence along a direction extending from the first end to the second end of the shaft body of the locking pin shaft, and the third hinge plate abuts against a step surface formed by a part where the first hollow cylindrical segment and the second hollow cylindrical segment are connected with each other (as seen in the figures), the positioning posts on the end cover of the locking pin shaft pass through the main ladder pin shaft holes, and the auxiliary ladder hinge plate is connected to the shaft sleeve in a manner of synchronously rotating with the shaft sleeve, and the auxiliary ladder hinge plate is located on a side of the second annular limiting groove close to the first end of the shaft body (as noted at least at cols 7-8); and
the first elastic retaining ring is provided in the first annular limiting groove, the second elastic retaining ring is provided in the second annular limiting groove (as seen in figures 4A-5), and the pressure spring is sleeved over the shaft body of the locking pin shaft and is limited between the first elastic retaining ring and the second elastic retaining ring, wherein in a locking operation condition, the first steel ball and the second steel ball are respectively limited in corresponding steel ball limiting holes on the shaft sleeve under an elastic-force effect of the steel ball spring, and the positioning posts on the end cover of the locking pin shaft pass through the main ladder pin shaft holes and corresponding auxiliary ladder pin shaft holes (as noted in the figures and at cols 7-9); and
when the unlocking handle is subjected to an external pressing force, the pressure spring is compressed to push the locking pin shaft to slide as a whole towards a direction of the first end of the shaft body, and the positioning posts on the end cover of the locking pin shaft exit the auxiliary ladder pin shaft holes, and the auxiliary ladder hinge plate can be rotated relatively to the main ladder hinge plate (as noted in the figures and at cols 7-9).
Claim 7. The foldable ladder according to claim 6, wherein in the locking pin shaft, two positioning posts symmetrically arranged with respect to the shaft body are provided (as noted in the figures and disclosure).
Claim 8. The foldable ladder according to claim 6, wherein a limiting protrusion (64) is provided on an outer circumferential surface of the second hollow cylindrical segment, the limiting protrusion is located between the steel ball limiting holes and the second annular limiting groove, a raised limiting groove (30) is provided on an inner wall of the auxiliary ladder middle perforation, and the limiting protrusion is snapped in the raised limiting groove (as noted in the figures and disclosure).
Claim 9. The foldable ladder according to claim 6, wherein in the locking pin shaft, the end cover and the shaft body are fixedly connected together through an opening pin (as noted in the annotated figure).
Claim 11. The foldable ladder according to claim 6, wherein the auxiliary ladder pin shaft holes comprise a first hole, a second hole, a third hole, and a fourth hole arranged around the auxiliary ladder middle perforation, wherein the first hole and the fourth hole are symmetrically arranged with respect to the auxiliary ladder middle perforation, and the second hole and the third hole are symmetrical with respect to the auxiliary ladder middle perforation (as seen in the figures).
Claim 12. The foldable ladder according to claim 11, wherein the second operation condition comprises three locking states: a first locking state, a second locking state, and a third locking state, wherein in the first locking state, the auxiliary ladder pin shaft holes through which the two positioning posts pass are the first hole and the fourth hole (as noted in at least at col. 5 and seen in the figures).
Claim 13. The foldable ladder according to claim 11, wherein the second operation condition comprises three locking states: a first locking state, a second locking state, and a third locking state, wherein in the second locking state, the auxiliary ladder pin shaft holes through which the two positioning posts pass are the second hole and the third hole (as noted in at least at col. 5 and seen in the figures).
Claim 14. The foldable ladder according to claim 11, wherein the second operation condition comprises three locking states: a first locking state, a second locking state, and a third locking state, wherein in the third locking state, the auxiliary ladder pin shaft holes through which the two positioning posts pass are the first hole and the fourth hole, and the auxiliary ladder pin shaft holes through which the two positioning posts pass are exchanged in position (as noted in at least at col. 5 and seen in the figures).
Claim 15. The foldable ladder according to claim 6, wherein two opposite surfaces of a circumferential surface of the shaft sleeve has one surface on which three steel ball limiting holes are arranged and the other surface on which another three steel ball limiting holes, symmetrical with the three steel ball limiting holes with respect to the shaft body, are arranged (as noted in col. 5-6,9-10).
Claim 16. The foldable ladder according to claim 6, wherein two main ladder pin shaft holes (any two of 24,25,26,27), arranged symmetrically with respect to the main ladder middle perforation, are provided.
PNG
media_image1.png
723
922
media_image1.png
Greyscale
PNG
media_image2.png
490
932
media_image2.png
Greyscale
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.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Boothe (4566150) in view of (Maxfield (20190376343).
Claim 10. Boothe discloses the foldable ladder according to claim 1, but does not expressly disclose wherein a ladder cap is provided at the top end of the ladder frame of the main ladder; and an upper surface of the ladder cap is provided with a tool groove, and/or the ladder cap has a width of 140 mm-160 mm.
It is known in the art to have ladder assemblies with main and auxiliary ladders that rotate from a storage position, to an angled position and an opposite extension position further where the main ladder frame has a ladder cap with a tool groove. For example, Maxfield discloses a main ladder 102, an auxiliary ladder 112 and a ladder cap 110 having a tool groove on the main ladder (as seen in the figures).
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to pursue known design options and modify the ladder of Boothe to include a top cap as taught by Maxfield to provide traction and support and allow for placing tools and accessories during use.
Response to Arguments
Applicant's arguments filed 7/28/25 have been fully considered but they are not persuasive. Applicant’s arguments that Booth does not disclose the accommodation space and shaft pin lock assembly inside the accommodation space as presently claimed is not persuasive. The foldable ladder has space between the outer sides of the main and auxiliary ladders at least when in the unfolded extension ladder and step ladder configurations where the shaft pin lock assembly is substantially completely or mostly accommodated inside that space (where its is inside by the positioning between the ends and outer sides of the main and auxiliary ladders when in the extension ladder configuration).
Applicant’s argument that Booth does not disclose first, second and third hinge plate that are sequentially connected in a Z shape. Firstly it is noted that the figures of applicant’s invention do not show a strictly Z shape where the plate members appear connected at right angles, as best understood by the specification and drawings. Further, there is nothing in the claim that defines the structure of the Z shape or how the elements are sequentially connected. The hinge plates of Boothe, as noted in the rejection above, are sequentially connected and a Z shape can be traced over the members in that connected state, see annotated figure below. Accordingly, applicants arguments are not persuasive.
PNG
media_image3.png
564
570
media_image3.png
Greyscale
Applicant’s argument that Booth does not disclose that the first hinge plate is fixed to an outer side surface of the ladder frame of the main ladder is not persuasive. The first hinge plate is clearly fixed to the ladder frame at an outer surface (where it is connected to and extends beyond the surface of the frame, the surface being an outer surface. Additionally, applicant appears to have an overly narrow interpretation of the the term “outer”. It is noted that the terms “outer” and “side” are relative terms and the surface that the hinge plate is connected is considered to be an outer side surface.
In response to applicant's argument that claim 1 can solve a technical problem and achieve beneficial technical effects with unexpected results, the fact that the inventor has recognized another advantage which would flow naturally from following the suggestion of the prior art cannot be the basis for patentability when the differences would otherwise be obvious. See Ex parte Obiaya, 227 USPQ 58, 60 (Bd. Pat. App. & Inter. 1985). Further it is noted that arguments presented by applicant cannot take the place of evident to support an allegation of unexpected results (MPEP 716.01(c)).
Applicant’s arguments regarding claim 3 are not persuasive. The claim does not require avoiding holes and an avoiding groove. The broadest reasonable interpretation of the claim requires avoiding holes. Applicant’s appears to have an overly narrow interpretation of the claim term “avoiding hole”. In the broadest reasonable interpretation this is considered to be a hole capable of the claimed functional intended use. The hole 28 of Boothe allows for a fastener to avoid a pedal fixing member if in the intended use and thus Booth anticipates the claim.
Regarding claim 10 applicants arguments are not persuasive. Applicant's arguments fail to comply with 37 CFR 1.111(b) because they amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references. The fact that the inventor has recognized another advantage of technical results which would flow naturally from following the suggestion of the prior art cannot be the basis for patentability when the differences would otherwise be obvious. See Ex parte Obiaya, 227 USPQ 58, 60 (Bd. Pat. App. & Inter. 1985).
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 JESSICA LAUX whose telephone number is (571)272-8228. The examiner can normally be reached M-F 7:30-3:30.
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, 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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
JESSICA L. LAUX
Examiner
Art Unit 3635
/JESSICA L LAUX/ Primary Examiner, Art Unit 3635