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 November 20, 2025. The application has been updated accordingly.
Claim Rejections - 35 USC § 103
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 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 1-7, 10 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Tiber et al. (2014/0332316) hereinafter Tiber, in view of Smith (2009/0084628) and further in view of Peaker, Sr. (6,502,664) hereinafter Peaker.
Tiber discloses:
Claim 1: A ladder and entertainment combination system comprising:
a ladder assembly (Fig. 1; 10) comprising:
a cap having a top wall and a perimeter wall being coupled to and extending away from the top wall (Fig. 2; 24 and 28 extend away from the top wall of 12);
a front support (Fig. 1; 36) being coupled to the cap (Fig. 1; 12), the front support comprising a pair of front rails (Fig. 1; 38/40) being coupled to and extending from the cap and a plurality of rungs (Fig. 1; 99) being coupled to and extending between the pair of front rails, the plurality of rungs being spaced from each other (Fig. 1; 99 are depicted as spaced from each other);
a rear support (Fig. 1; 42) being coupled to the cap (Fig. 1; 12), the rear support comprising a pair of rear rails (Fig. 1; 44/46) being coupled to and extending from the cap and a plurality of crossbars being coupled to and extending between the pair of rear rails (Fig. 1; unlabeled crossbars are depicted as extending between 44 and 46), the rear support being pivotally coupled to the cap such that the rear support is movable toward and away from the front support (Fig. 1; front support 36 is depicted as riveted to the cap top at four locations per side, while the rear support is depicted as coupled to the top cap with a single connection; therefore, the rear support is pivotable relative to the front support);
but fails to disclose a tool holder being coupled to one of the pair of rear rails, the tool holder comprising a closed loop having a horizontal orientation and opposed ends coupled directly to a lateral surface of the one of the pair of rear rails, the closed loop having a pair of straight lateral sides and an arced medial section coupled to and extending between the straight lateral sides, the tool holder being configured for holding a drill in the closed loop;
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However, Tiber discloses a tool holder (Fig. 1; 26) being coupled to one of the pair of rails (Fig. 1; 28), the tool holder comprising a closed loop (Fig. 1; 70) having a horizontal orientation and opposed ends coupled directly to a lateral surface of the one of the pair of rails (Fig. 1; see detail), the closed loop having a pair of straight lateral sides (Fig. 1; see detail) and an arced medial section (Fig. 1; see detail) coupled to and extending between the straight lateral sides, the tool holder being configured for holding a drill in the closed loop (Fig. 1; the tool holder is capable of holding a drill);
Therefore, 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 ladder of Tiber to include the tool holder, as taught by Peaker, with a reasonable expectation of success because it would provide a user with accessibility to tools while at an elevated position on the ladder.
Thus, when combined Tiber and Peaker disclose the tool holder, of Peaker, being coupled to one of the pair of rear rails, of Tiber.
additionally, Tiber fails to disclose an audio file player being coupled to the ladder assembly and being configured to audibly emit selected audio files, the audio file player being mounted to the cap.
However, Smith discloses an audio file player (Fig. 2; 44) being coupled to the ladder assembly and being configured to audibly emit selected audio files, the audio file player being mounted to the cap (Fig. 2; 44, Para. [0027]).
Therefore, 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 ladder assembly of Tiber to include the audio player, as taught by Smith, with a reasonable expectation of success because it would allow a user access to an audio player near the top of the ladder while minimizing the number of times a worker climbs up and down the ladder thereby increasing safety (Para. [0012]).
Claim 2: Tiber discloses the system of claim 1, wherein the top wall of the cap has a pair of holes extending through the top wall, each hole of the pair holes being shaped such that each hole is configured for receiving a shank of a screwdriver (Fig. 2; Para. [0018-0019]).
Claim 3: Tiber discloses the system of claim 1, wherein the top wall of the cap has a recess extending into a top surface of the top wall and terminating in a recessed surface, the recessed surface being configured for holding a paint can (Fig. 2; Para. [0018-0019]).
Claim 4: Tiber discloses the system of claim 3, wherein the top wall of the cap has an opening extending through the top wall (Fig. 2; 12 is depicted with multiple openings extending through the top wall, Para. [0018-0019]), but fails to disclose the opening being shaped such that the opening is configured for receiving a handle of a hammer, the opening being positioned on the recessed surface.
While Tiber fails to specifically disclose the opening being shaped such that the opening is configured for receiving a handle of a hammer, the examiner asserts that the openings depicted and described in Para. [0030] are capable of receiving the handle of a hammer. Thus, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to include an opening large enough to receive the handle of a hammer with a reasonable expectation of success because it would allow a user to store various tools at the top of the ladder and prevent unnecessary climbing up and down.
Claim 5: Tiber discloses the system of claim 1, wherein the top wall of the cap has an aperture extending through the top wall (Fig. 2; 12 is depicted with multiple openings extending through the top wall, Para. [0018-0019]), but fails to disclose the aperture being shaped such that the aperture is configured for receiving a portion of a crowbar therethrough.
While Tiber fails to specifically disclose the opening being shaped such that the opening is configured for receiving a portion of a crowbar therethrough, the examiner asserts that the openings depicted and described in Para. [0030] are capable of receiving a portion of a crowbar therethrough. Thus, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to include an opening large enough to receive a portion of a crowbar therethrough, with a reasonable expectation of success because it would allow a user to store various tools at the top of the ladder and prevent unnecessary climbing up and down.
Claim 6: Tiber discloses the system of claim 1, wherein the ladder assembly further comprises a pair of braces (Fig. 1; 84 left and right) being coupled to and extending between the front support and the rear support (Fig. 1; 84 left and right are depicted extending between 36 and 42), each brace comprising a pair of pivotally interconnected links aligned to retain the front support and the rear support in a use condition, the pivotally interconnected links of each brace being foldable to permit the rear support to pivot toward the front support to a collapsed condition (Fig. 1; 84, Para. [0018-0019]).
Claim 7: Tiber and Smith disclose the system of claim 1, wherein the audio file player comprises:
a control circuit (Smith - Fig. 1B; 28);
a plurality of sound emitters (Smith - Fig. 1A; 22) being electrically coupled to the control circuit (Smith - Para. [0019]) and being coupled to the ladder (Tiber - Fig. 2; 30);
a transceiver being electrically coupled to the control circuit and being configured to wirelessly communicate with an electronic device having access to audio files (Smith - Fig. 2B; 29, Para. [0019-0022]);
an input being electrically coupled to the control circuit and being operable to control the control circuit, the input being positioned on the perimeter wall of the cap (Smith - Para. [0019-0022]); and
a power supply being coupled to the control circuit and mounted to the cap, the power supply comprising a battery (Smith - Para. [0019-0022]).
Claim 10: Tiber discloses the system of claim 1, further comprising a magnet being coupled to the cap for magnetically retaining objects on the magnet, the magnet being positioned on the top wall of the cap (Fig. 3; 58, Para. [0018]).
Claim 16: Tiber discloses the system of claim 1, further comprising a plurality of feet (Fig. 1; 86), each front rail of the pair of front rails and each rear rail of the pair of rear rails having a free end positioned opposite of the cap (Fig. 1; 38, 40, 44 and 46 each have a free end opposite 12), each of the free ends having one of the feet attached thereto (Fig. 1; 38, 40, 44 and 46 each have 86 attached thereto), each foot of the plurality of feet being frictionally enhanced to facilitate friction between the ladder assembly and a support surface (Fig. 1; 86, Para. [0026-0027]).
Claims 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Tiber et al. (2014/0332316) hereinafter Tiber, in view of Smith (2009/0084628), and further in view of Saccoccio et al. (2016/0356086) hereinafter Saccoccio.
Claim 8: Tiber and Smith disclose the system of claim 7, wherein the plurality of sound emitters including a pair of cap sound emitters being mounted to the perimeter wall of the cap (Smith - Fig. 1A; 22 are depicted as mounted to the perimeter wall, when combined with Tiber the sound emitters would be similarly mounted to 12), but fail to disclose the plurality of sound emitters including a pair of rail sound emitters, each rail sound emitter of the pair of rail sound emitters being mounted to a respective one of the pair of front rails of the front support.
However, Saccoccio discloses mounting sound emitters to rails (Para. [0034]).
Therefore, 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 ladder assembly of Tiber and Smith to include the speakers mounted anywhere on the step ladder, as taught by Saccoccio, with a reasonable expectation of success because it would allow other workers near the ladder to be able to hear audio from the speakers.
Thus, in combination Tiber, Smith and Saccoccio disclose the plurality of sound emitters, of Smith, including a pair of rail sound emitters, of Saccoccio, each rail sound emitter of the pair of rail sound emitters being mounted to a respective one of the pair of front rails of the front support, of Tiber.
Claim 9: Tiber discloses the system of claim 1, but fails to disclose further comprising a light emitter being coupled to the ladder assembly, the light emitter being positioned on the cap and being configured to emit light away from the cap.
However, Saccoccio discloses a light emitter (Fig. 1; 132).
Therefore, 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 ladder assembly of Tiber to include the light emitter, as taught by Saccoccio, with a reasonable expectation of success because it would allow users to see in low light environments.
Thus, in combination Tiber and Saccoccio disclose a light emitter, of Saccoccio, being coupled to the ladder assembly, of Tiber, the light emitter, of Saccoccio, being positioned on the cap and being configured to emit light away from the cap, of Tiber.
Claims 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Tiber et al. (2014/0332316) hereinafter Tiber, in view of Smith (2009/0084628), and further in view of Pham (5,673,885).
Claim 11: Tiber discloses the system of claim 1, but fails to disclose further comprising:
a tray being pivotally coupled to and extending away from the rear support, the tray having a cavity extending into an upper surface of the tray, the cavity being configured for holding another paint can therein; and
at least one arm being coupled to the tray and extending toward the front support, the at least one arm engaging the front support to retain the tray in a deployed condition, the front support engaging the at least one arm to pivot downwardly and toward the rear support when the rear support pivots toward the front support, thereby causing the tray to pivot upwardly and toward the rear support.
However, Pham discloses a tray (Fig. 1; 10) being pivotally coupled (Fig. 2; via 56) to and extending away from the rear support, the tray having a cavity extending into an upper surface of the tray, the cavity (Fig. 3; 32) being configured for holding another paint can therein (Fig. 3; 20); and
at least one arm being coupled to the tray (Fig. 3; 56 via 54) and extending toward the front support (Fig. 3; 56), the at least one arm engaging the front support to retain the tray in a deployed condition (Fig. 1; 56 holds 10 in a deployed condition), the front support engaging the at least one arm (Fig. 3; 56) to pivot downwardly and toward the rear support when the rear support pivots toward the front support, thereby causing the tray to pivot upwardly and toward the rear support (Fig. 3; 56 pivots toward 12 while 10 pivots upwardly).
Therefore, 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 ladder assembly of Tiber to include the pivoting tray, as taught by Pham, with a reasonable expectation of success because it would allow additional storage for a user near the top of the ladder.
Thus, in combination Tiber and Pham disclose the tray, of Pham, being pivotally coupled to and extending away from the rear support, of Tiber, the tray having a cavity extending into an upper surface of the tray, of Pham, the cavity being configured for holding another paint can therein; and at least one arm being coupled to the tray, of Pham, and extending toward the front support, of Tiber, the at least one arm engaging the front support to retain the tray, of Pham, in a deployed condition, the front support, of Tiber, engaging the at least one arm, of Pham, to pivot downwardly and toward the rear support, of Tiber, when the rear support pivots toward the front support, thereby causing the tray, of Pham, to pivot upwardly and toward the rear support, of Tiber.
Claim 12: Tiber and Pham disclose the system of claim 11, wherein the tray has at least one groove extending into the upper surface (Pham - Fig. 1; 26), the groove being configured for holding a beverage container therein (Pham - Fig. 1; 26 is capable of holding a beverage container therein).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Tiber et al. (2014/0332316) hereinafter Tiber, in view of Smith (2009/0084628), and further in view of Louthen (2005/0061584).
Claim 14: Tiber discloses the system of claim 1, but fails to disclose further comprising a tool hook being coupled to one of the pair of front rails and being configured for engaging a grip of a tool.
However, Louthen discloses a tool hook being coupled to one of the pair of front rails (Fig. D) and being configured for engaging a grip of a tool (Fig. E (not labeled)).
Therefore, 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 ladder assembly of Tiber to include the tool hook, as taught by Louthen, with a reasonable expectation of success because it would provide a user with accessibility to a tool while at an elevated position on the ladder.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Tiber et al. (2014/0332316) hereinafter Tiber, in view of Smith (2009/0084628), and further in view of Takahashi (6,029,772).
Claim 15: Tiber discloses the system of claim 1, but fails to disclose further comprising a plurality of reflective members being attached to the ladder assembly, each rung of the plurality of rungs having one of the reflectively members attached thereto.
However, Takahashi discloses a plurality of reflective members (Fig. 2; 5) being attached to the ladder assembly, each rung of the plurality of rungs having one of the reflectively members attached thereto (Fig. 2; 5, Abstract).
Therefore, 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 ladder assembly of Tiber to include the reflectors, as taught by Takahashi, with a reasonable expectation of success because it would enable a user to more readily identify a ladder rung in a low light environment.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Tiber et al. (2014/0332316) hereinafter Tiber, in view of Smith (2009/0084628), and further in view of Saccoccio et al. (2016/0356086) hereinafter Saccoccio, and still further in view of Pham (5,673,885), and yet further in view of Peaker, Sr. (6,502,664) hereinafter Peaker, and even further in view of Louthen (2005/0061584), and even still further in view of Takahashi (6,029,772).
Tiber discloses:
Claim 17: A ladder and entertainment combination system comprising:
a ladder assembly (Fig. 1; 10) comprising:
a cap having a top wall and a perimeter wall being coupled to and extending away from the top wall (Fig. 2; 24 and 28 extend away from the top wall of 12), the top wall having a pair of holes extending through the top wall (Fig. 5; 78/80), each hole of the pair holes being shaped such that each hole is configured for receiving a shank of a screwdriver (Fig. 5; 78, Para. [0019]), the top wall having a recess extending into a top surface of the top wall and terminating in a recessed surface (Fig. 2; 60, Para. [0018]), the recessed surface being configured for holding a paint can (Fig. 2; 60, Para. [0018]), the top wall having an opening extending through the top wall (Fig. 2; 12 is depicted with multiple openings extending through the top wall, Para. [0018-0019]), but fails to disclose the opening being shaped such that the opening is configured for receiving a handle of a hammer, the opening being positioned on the recessed surface, the top wall having an aperture extending through the top wall, the aperture being shaped such that the aperture is configured for receiving a portion of a crowbar therethrough;
While Tiber fails to specifically disclose the opening being shaped such that the openings are configured for receiving a handle of a hammer or a crowbar, the examiner asserts that the openings depicted and described in Para. [0030] are capable of receiving the handle of a hammer or a crowbar. Thus, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to include an opening large enough to receive the handle of a hammer or a crowbar with a reasonable expectation of success because it would allow a user to store various tools at the top of the ladder and prevent unnecessary climbing up and down.
(Fig. 1; 36) being coupled to the cap (Fig. 1; 12), the front support comprising a pair of front rails (Fig. 1; 38/40) being coupled to and extending from the cap and a plurality of rungs (Fig. 1; 99) being coupled to and extending between the pair of front rails, the plurality of rungs being spaced from each other (Fig. 1; 99 are depicted as spaced from each other);
a rear support (Fig. 1; 42) being coupled to the cap (Fig. 1; 12), the rear support comprising a pair of rear rails (Fig. 1; 44/46) being coupled to and extending from the cap and a plurality of crossbars being coupled to and extending between the pair of rear rails (Fig. 1; unlabeled crossbars are depicted as extending between 44 and 46), the rear support being pivotally coupled to the cap such that the rear support is movable toward and away from the front support (Fig. 1; front support 36 is depicted as riveted to the cap top at four locations per side, while the rear support is depicted as coupled to the top cap with a single connection; therefore, the rear support is pivotable relative to the front support); and
(Fig. 1; 84 left and right) being coupled to and extending between the front support and the rear support (Fig. 1; 84 left and right are depicted extending between 36 and 42), each brace comprising a pair of pivotally interconnected links aligned to retain the front support and the rear support in a use condition, the pivotally interconnected links of each brace being foldable to permit the rear support to pivot toward the front support to a collapsed condition (Fig. 1; 84, Para. [0018-0019]);
a magnet being coupled to the cap for magnetically retaining objects on the magnet, the magnet being positioned on the top wall of the cap (Fig. 3; 58, Para. [0018]); and
a plurality of feet (Fig. 1; 86), each front rail of the pair of front rails and each rear rail of the pair of rear rails having a free end positioned opposite of the cap (Fig. 1; 38, 40, 44 and 46 each have a free end opposite 12), each of the free ends having one of the feet attached thereto (Fig. 1; 38, 40, 44 and 46 each have 86 attached thereto), each foot of the plurality of feet being frictionally enhanced to facilitate friction between the ladder assembly and a support surface (Fig. 1; 86, Para. [0026-0027]),
Tiber fails to disclose an audio file player being coupled to the ladder assembly and being configured to audibly emit selected audio files, the audio file player being mounted to the cap, the audio file player comprising:
a control circuit;
a plurality of sound emitters being electrically coupled to the control circuit and being coupled to the ladder, the plurality of sound emitters including a pair of cap sound emitters being mounted to the perimeter wall of the cap, the plurality of sound emitters including a pair of rail sound emitters, each rail sound emitter of the pair of rail sound emitters being mounted to a respective one of the pair of front rails of the front support;
a transceiver being electrically coupled to the control circuit and being configured to wirelessly communicate with an electronic device having access to audio files;
an input being electrically coupled to the control circuit and being operable to control the control circuit, the input being positioned on the perimeter wall of the cap; and
a power supply being coupled to the control circuit and mounted to the cap, the power supply comprising a battery;
However, Smith discloses an audio file player (Fig. 2; 44) being coupled to the ladder assembly and being configured to audibly emit selected audio files, the audio file player being mounted to the cap (Fig. 2; 44, Para. [0027]);
a control circuit (Fig. 1B; 28);
a plurality of sound emitters (Fig. 1A; 22) being electrically coupled to the control circuit (Para. [0019]) and being coupled to the ladder, the plurality of sound emitters including a pair of cap sound emitters being mounted to the perimeter wall of the cap (Smith - Fig. 1A; 22 are depicted as mounted to the perimeter wall, when combined with Tiber the sound emitters would be similarly mounted to 12);
a transceiver being electrically coupled to the control circuit and being configured to wirelessly communicate with an electronic device having access to audio files (Fig. 2B; 29, Para. [0019-0022]);
an input being electrically coupled to the control circuit and being operable to control the control circuit, the input being positioned on the perimeter wall of the cap (Para. [0019-0022]); and
a power supply being coupled to the control circuit and mounted to the cap, the power supply comprising a battery (Para. [0019-0022]).
Therefore, 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 ladder assembly of Tiber to include the audio player, control circuit, sound emitters, transceiver, input and power supply, as taught by Smith, with a reasonable expectation of success because it would allow a user access to and operate an audio player near the top of the ladder while minimizing the number of times a worker climbs up and down the ladder thereby increasing safety (Para. [0012]).
Tiber and Smith fail to disclose the plurality of sound emitters including a pair of rail sound emitters, each rail sound emitter of the pair of rail sound emitters being mounted to a respective one of the pair of front rails of the front support.
However, Saccoccio discloses mounting sound emitters to rails (Para. [0034]).
Therefore, 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 ladder assembly of Tiber and Smith to include the speakers mounted anywhere on the step ladder, as taught by Saccoccio, with a reasonable expectation of success because it would allow other workers near the ladder to be able to hear audio from the speakers.
Tiber fails to disclose a light emitter being coupled to the ladder assembly, the light emitter being positioned on the cap and being configured to emit light away from the cap;
However, Saccoccio discloses a light emitter (Fig. 1; 132).
Therefore, 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 ladder assembly of Tiber to include the light emitter, as taught by Saccoccio, with a reasonable expectation of success because it would allow users to see in low light environments.
Thus, in combination Tiber and Saccoccio disclose a light emitter, of Saccoccio, being coupled to the ladder assembly, of Tiber, the light emitter, of Saccoccio, being positioned on the cap and being configured to emit light away from the cap, of Tiber.
Tiber fails to disclose a tray being pivotally coupled to and extending away from the rear support, the tray having a cavity extending into an upper surface of the tray, the cavity being configured for holding another paint can therein, the tray having at least one groove extending into the upper surface, the groove being configured for holding a beverage container therein;
at least one arm being coupled to the tray and extending toward the front support, the at least one arm engaging the front support to retain the tray in a deployed condition, the front support engaging the at least one arm to pivot downwardly and toward the rear support when the rear support pivots toward the front support, thereby causing the tray to pivot upwardly and toward the rear support;
However, Pham discloses a tray (Fig. 1; 10) being pivotally coupled (Fig. 2; via 56) to and extending away from the rear support, the tray having a cavity extending into an upper surface of the tray, the cavity (Fig. 3; 32) being configured for holding another paint can therein (Fig. 3; 20); and
at least one arm being coupled to the tray (Fig. 3; 56 via 54) and extending toward the front support (Fig. 3; 56), the at least one arm engaging the front support to retain the tray in a deployed condition (Fig. 1; 56 holds 10 in a deployed condition), the front support engaging the at least one arm (Fig. 3; 56) to pivot downwardly and toward the rear support when the rear support pivots toward the front support, thereby causing the tray to pivot upwardly and toward the rear support (Fig. 3; 56 pivots toward 12 while 10 pivots upwardly).
Therefore, 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 ladder assembly of Tiber to include the pivoting tray, as taught by Pham, with a reasonable expectation of success because it would allow additional storage for a user near the top of the ladder.
Thus, in combination Tiber and Pham disclose the tray, of Pham, being pivotally coupled to and extending away from the rear support, of Tiber, the tray having a cavity extending into an upper surface of the tray, of Pham, the cavity being configured for holding another paint can therein; and at least one arm being coupled to the tray, of Pham, and extending toward the front support, of Tiber, the at least one arm engaging the front support to retain the tray, of Pham, in a deployed condition, the front support, of Tiber, engaging the at least one arm, of Pham, to pivot downwardly and toward the rear support, of Tiber, when the rear support pivots toward the front support, thereby causing the tray, of Pham, to pivot upwardly and toward the rear support, of Tiber.
Tiber fails to disclose a tool holder being coupled to one of the pair of rear rails, the tool holder comprising a closed loop having a horizontal orientation and opposed ends coupled directly to a lateral surface of the one of the pair of rear rails, the closed loop having a pair of straight lateral sides and an arced medial section coupled to and extending between the straight lateral sides, the tool holder being configured for holding a drill in the closed loop;
However, Peaker discloses a tool holder (Fig. 1; 26) being coupled to one of the pair of rear rails (Fig. 1; 26 is capable of being paired to the rear rail), the tool holder comprising a closed loop (Fig. 1; 70) having a horizontal orientation (Fig. 1; 26 has a horizontal orientation), and opposed ends coupled directly to a lateral surface of the one of the pair of rear rails (Fig. 1; 28), the closed loop having a pair of straight lateral sides (Fig. 1; see detail) and an arced medial section coupled to and extending between the straight lateral sides (Fig. 1; see detail), the tool holder being configured for holding a drill in the closed loop (Fig. 1; 26 is capable of holding a drill).
Therefore, 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 ladder assembly of Tiber to include the drill holder, as taught by Peaker, with a reasonable expectation of success because it would provide a user with accessibility to a drill while at an elevated position on the ladder.
Tiber fails to disclose a tool hook being coupled to one of the pair of front rails and being configured for engaging a grip of a tool;
However, Louthen discloses a tool hook being coupled to one of the pair of front rails (Fig. D) and being configured for engaging a grip of a tool (Fig. E (not labeled)).
Therefore, 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 ladder assembly of Tiber to include the tool hook, as taught by Louthen, with a reasonable expectation of success because it would provide a user with accessibility to a tool while at an elevated position on the ladder.
Lastly, Tiber fails to disclose a plurality of reflective members being attached to the ladder assembly, each rung of the plurality of rungs having one of the reflectively members attached thereto;
However, Takahashi discloses a plurality of reflective members (Fig. 2; 5) being attached to the ladder assembly, each rung of the plurality of rungs having one of the reflectively members attached thereto (Fig. 2; 5, Abstract).
Therefore, 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 ladder assembly of Tiber to include the reflectors, as taught by Takahashi, with a reasonable expectation of success because it would enable a user to more readily identify a ladder rung in a low light environment.
Response to Arguments
Applicant’s arguments with respect to claims 1-12 and 14-17 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
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 Kathleen M. McFarland whose telephone number is (571)272-9139. The examiner can normally be reached Monday-Friday 8:00am-4:00pm.
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.
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/Kathleen M. McFarland/Examiner, Art Unit 3635
Kathleen M. McFarland
Examiner
Art Unit 3635
/BRIAN D MATTEI/Supervisory Patent Examiner, Art Unit 3635