DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on September 8, 2025, has been entered.
Reissue Applications
For reissue applications filed on or after September 16, 2012, all references to 35 U.S.C. 251 and 37 CFR 1.172, 1.175, and 3.73 are to the current provisions.
Applicant is reminded of the continuing obligation under 37 CFR 1.178(b), to timely apprise the Office of any prior or concurrent proceeding in which Patent No. 8,191,681 is or was involved. These proceedings would include any trial before the Patent Trial and Appeal Board, interferences, reissues, reexaminations, supplemental examinations, and litigation.
Applicant is further reminded of the continuing obligation under 37 CFR 1.56, to timely apprise the Office of any information which is material to patentability of the claims under consideration in this reissue application.
These obligations rest with each individual associated with the filing and prosecution of this application for reissue. See also MPEP §§ 1404, 1442.01 and 1442.04.
Drawing Objections
The drawings filed September 8, 2025, are objected to for the following informalities:
In Fig. 9a, the support projection (324) has been reconfigured and relocated such that it is now inconsistent with Figs. 6 and 9c, and with the original disclosure. The device would appear to be inoperable if the support projection (324) were positioned as now shown in amended Fig. 9a. Compare to Fig. 9c, which appears to show the correct configuration and location of the support projection (324). This issue could be corrected by amending Fig. 9a to show the support projection (324) in the configuration and location as originally shown in Fig. 9a. In addition, Fig. 9a appears to include an extraneous horizontal line bisecting the upper and lower portions of the first and inside wall (770, 770a, see Figs. 7a-b, col. 7:26-27, 49-50). This issue could be corrected by deleting the extraneous horizontal line, or by explaining, with a convincing line of reasoning supported by the original disclosure, what is represented by the extra horizontal line. See Fig. 9a below, annotated by the examiner.
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In Fig. 9b, the support projection (324) has been erased. This issue could be corrected by amending Fig. 9b to show the support projection (324) in the configuration and location as originally shown in Fig. 9b. In addition, Fig. 9b appears to include an extraneous dashed horizontal line and an extraneous horizontal sectional element that bisect the upper and lower portions of the first and inside wall (770, 770a, see Figs. 7a-b, col. 7:26-27, 49-50). This issue could be corrected by deleting the extraneous horizontal line and the extraneous horizontal sectional element, or by explaining, with a convincing line of reasoning supported by the original disclosure, what is represented by these elements. Additionally, it appears to the examiner that the edge of the inside wall (770) of the receiving section should be visible in elevation above the male interconnection (200). See Fig. 9b below, annotated by the examiner.
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In Fig. 9c, a portion of the male interconnection (200) has been erased, and the edge of the inside wall (770) of the receiving section should be visible in elevation above the male interconnection (200). See Fig. 9c below, annotated by the examiner.
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Objections to the Specification Amendments - Formalities
The specification amendments filed September 8, 2025, are objected to as failing to comply with 37 CFR 1.173(b)(1). All changes to the specification must be made by submission of the entire text of an added or rewritten paragraph, including markings pursuant to 37 CFR 1.173(d), except that an entire paragraph may be deleted by a statement deleting the paragraph, without presentation of the text of the paragraph. The precise point in the specification where any added or rewritten paragraph is located must be identified by column and line number in the patent. While page 1 of the specification amendments includes the entire text of the amended paragraphs, page 2 of the specification amendment identifies additional amendments that do not include the entire text of the amended paragraphs.
In addition, the specification amendments are objected to as failing to comply with 37 CFR 1.173(d), which requires that “matter to be omitted by reissue must be enclosed in brackets,” not strike-through. Recognizing that the original specification text in the amended portions of column 7 includes brackets, the examiner recommends that deletion of text should be shown by brackets which are substantially larger and darker than any in the specification text.
Additionally, on pg. 1 of the specification amendments, the paragraph for replacement is described as “beginning at column 10, line 55 and ending at column 10, line 63.” However, the amended paragraph that follows does not include the text of line 63 (“Alternate Locking System”). It appears to the examiner that the paragraph to be replaced ends at column 10, line 62.
Moreover, the specification amendments of the paragraphs beginning at column 7, line 8, and column 7, line 28, are unclear. It is unclear what “lines” and “other lines” are being referred to with respect to Figs. 7a-b and 8a-b.
The examiner suggests amending the paragraph beginning at column 7, line 8, as follows:
Obviously the female opening 300 (positioned on the rail structure's interior surface 500--not the interior wall that defines the cavity of the hollow structure, but the interior surface of the rail structure that contacts the step's joining end) is designed to securely receive the male interconnection 200 to the rail structure. Each female opening 300 has two sections. The first section is a receiving section 310 (see FIGS. 4, 6 and 7a--looking down into the opening). The receiving section 310 is an open cavity [(see FIG. 7a [no male interconnect therein--the dash-dot lines indicate the rail material that defines the bottom surface of the locking area 320 and diagonal lines indicate the locking area's narrow section 907 and bottom surface 776 a,b] of the receiving section 310, and 7b--a male interconnect therein)] that receives the male interconnection 200 with the protruding locking mechanism 302 therein. See FIG. 7a, with no male interconnect therein, showing the rail material that defines the bottom surface of the locking area 320 and the locking area’s narrow section 907 and bottom surface 776a, b of the receiving section 310; and FIG. 7b, with a male interconnect therein. The receiving section receives the entire male interconnection 200 (see FIGS. 7b and 9a). The protruding locking mechanism has a bottom 314 (see FIGS. 5, 9a-c). The bottom 314 along with wall 776 a,b differentiates the receiving section from a locking area.
The examiner suggests amending the paragraph beginning at column 7, line 28, as follows:
The second section is a locking area 320. The locking area 320 is shaped as the mold for the male interconnection 200 [(see FIG. 8a (no male interconnect therein and the dash-dot lines indicate the rail material that defines the bottom surface of the locking area 320) and 8b)], and may be just slightly larger as in many male/female interconnections. See FIG. 8a, with no male interconnect therein, showing the rail material that defines the bottom surface of the locking area 320; and FIG. 8b, with a male interconnect therein. On the interior surface 500 of the rail structure and positioned below the locking area 320 are support projections 324 that contact the step's bottom surface 146 when the step is securely positioned in the locking area 320.
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 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitations “the first rail” and “the first rail’s” (lines 12-13), “the third rail’s” (line 14), and “the fourth rail” and “the fourth rail’s” (line 18). There is insufficient antecedent basis for these limitations in the claim. Each instance of “rail” in these limitations should read --rail structure--, consistent with claim 1 at lines 2-7. Claims 2-9 are rejected in view of their dependency from claim 1.
Claim 10 recites the limitations “the first rail” and “the first rail’s” (lines 11-12), “the third rail” and “the third rail’s” (line 12), “the second rail” and “the second rail’s” (lines 15-16), and “the fourth rail” and “the fourth rail’s” (lines 16-17). There is insufficient antecedent basis for these limitations in the claim. Each instance of “rail” in these limitations should read --rail structure--, consistent with claim 10 at lines 2-7. Claims 11-19 are rejected in view of their dependency from claim 10.
Further regarding claim 11, it is unclear whether “a first bridge structure” and “a second bridge structure” (col. 11:42-45) refer to the same first and second bridge structures previously mentioned in claim 10.
Claim 20 recites the limitations “the first rail” and “the first rail’s” (lines 13-14), “the third rail” and “the third rail’s” (lines 14-15), “the second rail” and “the second rail’s” (lines 17-18), and “the fourth rail” and “the fourth rail’s” (lines 18-19). There is insufficient antecedent basis for these limitations in the claim. Each instance of “rail” in these limitations should read --rail structure--, consistent with claim 20 at lines 2-7.
Allowable Subject Matter
Claims 1-20 would be allowable if rewritten or amended to overcome the rejections under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, set forth in this Office action. The examiner’s reasons for allowance are set forth in the non-final Office action mailed August 20, 2024, see pg. 11-13.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Laura L. Davison whose telephone number is (571)270-0189. The examiner can normally be reached Monday - Friday, 8:00 a.m. - 4:00 p.m. ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Eileen Lillis can be reached at (571)272-6928. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Laura Davison/Reexamination Specialist, Art Unit 3993
Conferees: /JOSHUA KADING/ /EILEEN D LILLIS/ Reexamination Specialist, Art Unit 3993 SPRS, Art Unit 3993