DETAILED ACTION
This communication is a first Office Action Non-Final rejection on the merits. The Restriction election received on 03/13/2026 has been acknowledged. Claim(s) 1-4, 6, 7, 9, 12, and 14-16 have been amended, claim(s) 8 and 19-21 have been cancelled, and claims 22-24 have been added. Claims 1-7, 9-18, and 22-24 are now pending and have been considered below.
Election/Restrictions
1. Applicant’s election of Group I (claims 1-18) and Species 1 (figures 1-7)in the reply filed on 03/13/2026 is acknowledged.
2. Claims 8 and 19-21 are withdrawn (now cancelled) from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected invention Group II and Species 2. Election was made without traverse in the reply filed on 03/13/2026.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-7, 9-18, 22, and 24, are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Henderson et al. (WO 2021/160987 A1).
Regarding claim 1, Henderson et al. teaches a hand rail (abstract) comprising: an elongate handle (30) and an attachment portion (20), the elongate handle being connected to the attachment portion by a continuous connecting web that extends from a first end (right end) of the hand rail to a second end (left end) of the hand rail (figure 3) to define an elongate channel (41) between the elongate handle and the attachment portion, the elongate channel being open at the first end of the elongate handle and closed at the second end of the elongate handle (figure 1); wherein a base of the elongate channel is sloped relative to the elongate handle (figure 1) such that liquid drains out of the elongate channel when the elongate handle is in a horizontal orientation (col. 6, lines 15-20).
Regarding claim 2, Henderson et al. teaches the elongate handle and the attachment portion collectively comprise a unitary part formed of plastic (it is understood that polyester; col. 7; lines 20-25; is a plastic material).
Regarding claim 3, Henderson et al. teaches a wall plate (24) attached to the attachment portion (figure 6), wherein the elongate handle and the attachment portion collectively comprise a first unitary part (figure 6), and wherein the wall plate comprises a second unitary part attached to the first unitary part (figure 6).
Regarding claim 4, Henderson et al. teaches a hand rail (abstract) comprising: an elongate handle (30), an attachment portion (20), and a wall plate (24) attached to the attachment portion (figure 6), the elongate handle being connected to the attachment portion by a continuous connecting web that extends from a first end (right end) of the hand rail to a second end (left end) of the hand rail (figure 3) to define an elongate channel (41) between the elongate handle and the attachment portion (figure 1), the elongate channel being open at the first end of the elongate handle and closed at the second end of the elongate handle (figure 1); wherein the elongate handle and the attachment portion collectively comprise a first unitary part (figure 6), and wherein the wall plate comprises a second unitary part attached to the first unitary part (figure 6).
Regarding claim 5, Henderson et al. teaches the first unitary part is formed of plastic (it is understood that polyester; col. 7; lines 20-25; is a plastic material).
Regarding claim 6, Henderson et al. teaches a hand rail (abstract) comprising: an elongate handle (30) and an attachment portion (20), the elongate handle being connected to the attachment portion by a continuous connecting web that extends from a first end (right end) of the hand rail to a second end (left end) of the hand rail (figure 3) to define an elongate channel (41) between the elongate handle and the attachment portion, the elongate channel being open at the first end of the elongate handle and closed at the second end of the elongate handle (figure 1); wherein the elongate handle and the attachment portion collectively comprise a unitary part formed of plastic (it is understood that polyester; col. 7; lines 20-25; is a plastic material).
Regarding claim 7, Henderson et al. teaches the elongate handle and the attachment portion are formed as a single piece (figures 1 and 6).
Regarding claim 9, Henderson et al. teaches a top edge and a bottom edge when affixed horizontally along a wall (figure 6), wherein the elongate channel extends below the elongate handle (figure 6).
Regarding claim 10, Henderson et al. teaches an underside of the hand rail slopes downwards towards the wall (figure 6).
Regarding claim 11, Henderson et al. teaches the underside of the hand rail is convex in cross-section (figure 6).
Regarding claim 12, Henderson et al. teaches a top edge of the elongate handle slopes downwards towards the first end (figure 3).
Regarding claim 13, Henderson et al. teaches the length of the hand rail tapers towards a front edge of the elongate handle (figure 2).
Regarding claim 14, Henderson et al. teaches a cross-sectional width of the elongate channel tapers towards the base of the elongate channel (figure 6).
Regarding claim 15, Henderson et al. teaches the elongate channel is V- shaped in cross-section (figure 6).
Regarding claim 16, Henderson et al. teaches the first end and the second end of the of the hand rail are rounded (figure 2).
Regarding claim 17, Henderson et al. teaches threaded inserts (80) embedded into a rear surface of the attachment portion (figure 10).
Regarding claim 18, Henderson et al. teaches the threaded inserts are keyed into the attachment portion (figure 10).
Regarding claim 22, Henderson et al. teaches the hand rail presents no ligature points (abstract).
Regarding claim 24, Henderson et al. teaches an end wall (50) upwardly extending from the continuous connecting web (figure 1), wherein the end wall is connected to both the elongate handle and the attachment portion (figure 1).
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 of this title, 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) 23, is rejected under 35 U.S.C. 103 as being unpatentable over Henderson et al. (WO 2021/160987 A1) in view of Erwin (U.S. Pub. No. 2002/0005511).
Regarding claim 23, Henderson et al. does not specifically disclose the hand rail is hollow and filled with a material.
Erwin discloses an elongated cap (abstract; 10) which is hollow (hollow within 26) and filled with a material (40).
Therefore, from the teaching of Erwin, 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 hand rail of Henderson et al. such that it is hollow and filled with a material, as taught by Erwin, in order to provide a more lightweight material to facilitate assembly and reduce shipping and handling costs.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The cited patents listed on the included form PTO-892 further show the state of the art with respect to hand rails in general.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OMAR HIJAZ whose telephone number is (571)270-5790. The examiner can normally be reached on 8-6 EST Monday-Friday.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Mattei can be reached on (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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/OMAR F HIJAZ/Examiner, Art Unit 3633
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