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: 17/925,359 filed on 11/15/22 has a total of 20 claims pending for examination; there are 2 independent claims and 18 dependent claims, all of which are examined below.
Priority
Acknowledgment is made of applicant’s claim for priority under 35 U.S.C. § 119 (e) with reference to Application Number: 2020901634 filed on 5/20/20.
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.
Claim Objections
Claims 3 and 19 are objected to because of the following informalities:
Claim 3 currently ends in a semicolon instead of a period. This appears to be a typo and is being interpreted to end in a period.
Claim 19 currently ends in a semicolon instead of a period. This appears to be a typo and is being interpreted to end in a period.
Appropriate correction is required.
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, 3, 5, 8, 17, 19, 21 and 24 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent No. 4,655,318 to Bowen (hereinafter Bowen).
With regards to claims 1 and 17, Bowen teaches a step iron [figs 1-3 element 10] for a concrete structure [column 1 lines 7-10, 30-44 and column 2 lines 24-30 – step is used in a manhole made of concrete walls], the step iron [figs 1-3 element 10] comprising a body [figs 1-3 element 16] and a leg [figs 1-3 elements 18, 20];
the body [figs 1-3 element 16] and leg [figs 1-3 elements 18, 20] each comprising a metal core [figs 1-3 element 12 – column 2 lines 25-36] and at least partially encapsulated in a polymer material [figs 1-3 element 14 is made up of polypropylene – column 2 lines 31-42];
the body [figs 1-3 element 16] comprising a tread length [fig 1 element 16 bounded by elements 28 and 30] to enable a user to use the step iron for climbing [column 1 lines 7-10, 30-44 and column 2 lines 24-30 – step is used in a manhole for ascending or descending];
the leg [figs 1-3 elements 18, 20] comprising a proximal end [figs 1-3 side of elements 18, 20 closest to element 16] nearer the body [figs 1-3 element 16] and a distal end [figs 1-3 side of elements 18, 20 closest to elements 18a, 20a];
the distal end [figs 1-3 side of elements 18, 20 closest to elements 18a, 20a] of the leg [figs 1-3 elements 18, 20] comprising an end section [figs 1-3 elements 18a, 20a or 32, 34] to abut a complementary section [figs 4-6 elements 48, 50, 52 or internal walls of element 40] of an insert [figs 4-6 element 40] which is fixable and embeddable within a concrete structure [column 3 lines 20-28];
a fixing means [figs 1-3 element 36] mounted on the leg [figs 1-3 elements 18, 20] to enable reversible engagement with a complementary section of the insert [figs 4-6 elements 56, 58, 60 include elements 62 that engage with figs 1-3 element 36].
With regards to claims 3 and 19, Bowen teaches a step iron according to claim 1 comprising a metal core [figs 1-3 element 12 – column 2 lines 25-36] fully encapsulated in a plastic material [figs 1-3 element 14 is made up of polypropylene – column 2 lines 31-42];
With regards to claims 5 and 21, Bowen teaches a step iron according to claim 1 wherein the distal end [figs 1-3 side of elements 18, 20 closest to elements 18a, 20a] of each leg [figs 1-3 elements 18, 20] comprises an end section [figs 1-3 elements 18a, 20a or 32, 34] to abut an insert [figs 4-6 element 40] which is fixable within formwork [figs 5-6 elements 64, 64a, 64b, 70, 70a, 70b] and embeddable within a concrete structure without protruding therefrom [figs 5-6 as shown – column 3 line 60 to column 4 line 27].
With regards to claims 8 and 24, Bowen teaches a step iron according to claim 1 comprising vertical upstands [fig 1 elements 28, 30] located substantially laterally on the tread length [fig 1 elements 28, 30 are shown at the ends of element 16] to prevent a person's foot slipping off the end of the step iron [column 2 lines 51-53].
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) 6, 11, 22 and 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent No. 4,655,318 to Bowen (hereinafter Bowen) in view of US Patent No. 4,869,342 to Borst (hereinafter Borst).
With regards to claims 6 and 22, Bowen teaches all of the above but is silent as to a locking ring centrally located on the axis of each leg just proximal to the end section.
However, Borst teaches a manhole step [Borst figs 1-9] having leg elements [Borst figs 1-9 element 24-25], each leg element having a locking ring [Borst figs 1-9 elements 32] centrally located on the axis of each leg just proximal to the end section [Borst figs 1-9 element 32 as shown] for the benefit of providing a structure that helps engage a tapered or cylindrical hole to retain/lock the leg elements securely in place [Borst column 4 lines 18-23 and 35-55].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Bowen and Borst to have each leg element have a locking ring [Borst figs 1-9 elements 32] centrally located on the axis of each leg just proximal to the end section [Borst figs 1-9 element 32 as shown] for the benefit of providing a structure that helps engage a tapered or cylindrical hole to retain/lock the leg elements securely in place [Borst column 4 lines 18-23 and 35-55].
With regards to claims 11 and 27, Bowen teaches all of the above but is silent as to a locking ring centrally located on the axis of each leg just proximal to the end section, the locking ring being able to withstand a force of 5 kN,
However, Borst teaches a manhole step [Borst figs 1-9] having leg elements [Borst figs 1-9 element 24-25], each leg element having a locking ring [Borst figs 1-9 elements 32] centrally located on the axis of each leg just proximal to the end section [Borst figs 1-9 element 32 as shown] for the benefit of providing a structure that helps engage a tapered or cylindrical hole to retain/lock the leg elements securely in place [Borst column 4 lines 18-23 and 35-55].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Bowen and Borst to have each leg element have a locking ring [Borst figs 1-9 elements 32] centrally located on the axis of each leg just proximal to the end section [Borst figs 1-9 element 32 as shown] for the benefit of providing a structure that helps engage a tapered or cylindrical hole to retain/lock the leg elements securely in place [Borst column 4 lines 18-23 and 35-55].
Furthermore, it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. See In re Aller, 105 USPQ 233 and MPEP.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the locking ring be able to withstand a force of 5 kN for the benefit of ensuring the step iron leg assembly can safely withstand the weight (forces) of a user.
Allowable Subject Matter
Claims 7, 10, 12-13, 23, 26 and 28-29 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.
The following is a statement of reasons for the indication of allowable subject matter:
With regards to claims 7 and 23, the prior art of record alone or in combination fails to teach or fairly suggest a plastic ferrule nut slidably mounted on each leg proximal to a locking ring, such nut comprising an external thread which is complementary to that of the insert and a means for gripping the nut so that the nut can be tightened on the thread of said insert so as to securely but reversibly hold the step iron in place on the concrete structure, in combination with the other limitations found in the respective claims
With regards to claims 10 and 26, the prior art of record alone or in combination fails to teach or fairly suggest wherein the distal end of the leg comprises an end section to abut a complementary section of a substantially ring-shaped polypropylene or polyethylene insert which comprises an internal thread and a plurality of apertures to enable it to be fixed within formwork and embeddable within a concrete structure without protruding therefrom, in combination with the other limitations found in the respective claims.
With regards to claims 12 and 28, the prior art of record alone or in combination fails to teach or fairly suggest a plastic ferrule nut slidably mounted on each leg proximal to each locking ring, such nut comprising an external thread which is complementary to that of the insert and a plurality of pre-formed holes for gripping the nut so that the nut can be tightened on the thread of said insert so as to securely but reversibly hold the step iron in place on the concrete structure in such a manner so that the security of such hold is visible to the naked eye, in combination with the other limitations found in the respective claims.
With regards to claims 13 and 29, the prior art of record alone or in combination fails to teach or fairly suggest a ferrule nut and wherein the nut comprises a tamper-evident cavity adapted to disfigure said plastic of the nut if an attempt is made to remove the step after initial installation, in combination with the other limitations found in the respective claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US Patent Application Publication No. 20070283637 teaches a manhole step having a tread and legs, each leg having an end that locks into a concrete wall.
US Patent No. 6,068,083 teaches a manhole step having a tread and legs that are inserted into a concrete wall. The step having a solid metal core and encapsulated by synthetic resins. The step having a stop that abuts with the concrete wall when installed for providing proper spacing.
US Patent No. 3,740,083 teaches a manhole step having a tread and legs, each leg having an end that locks into an insert sleeve that is installed in a concrete wall. The manhole step being covered in plastic or aluminum.
US Patent No. 6,315,077 teaches a manhole step having a tread and legs, each leg having an end that locks into an insert sleeve that is installed in a concrete wall.
US Patent No. 4,771,861 teaches a manhole step having a tread and legs, each leg having an end that locks into an insert sleeve that is installed in a concrete wall.
US Patent No. 4,241,543 teaches manhole step inserts installed in a concrete wall having a threading on the outside surface and a locking structure on the inside surface.
US Patent No. 5,967,256 teaches a manhole step having a tread and legs, each leg further having vertical washers that prevent the step from rattling when installed against a concrete wall.
US Patent No. 11,814,900 teaches a manhole step having a treat and legs, each leg having ends that lock into an insert sleeve that is installed in a concrete wall.
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.
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 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.
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.
DEM
/DAVID E MARTINEZ/Primary Examiner, Art Unit 3634