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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 5/06/26 has been entered. Claims 1-3 and 5-20 are pending. Claim 4 has been cancelled.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 6, 7, 9 and 11 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.
In claim 6, it is not clear which spreader pivot “the spreader pivot” references as a pair of spreader pivots have been defined.
It is not clear how claim 9 further limits claim 1 from which it indirectly depends.
In claim 11, it is not clear which spreader arm “the spreader arm” references as a pair of spreader arms have been defined.
Claims 1-3 and 5-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent 10,487,576 to Ballard et al.
Ballard provides a step ladder 100 having a top cap 110, a pair of front rails105 fixedly connected to the top cap and each having front face, a pair of rear rails 111 pivotably coupled to the top cap 11 and a spreader mechanism 112 including a platform 116 having one pivotably coupled to the front rails and a second end pivotably coupled to strut(s) or “spreader arm(s)” 114 (column 5, lines 1-24).
As shown in at least Fig.1, each spreader arm longitudinal axis and platform top surface are oriented generally parallel to the top can top surface when the stepladder is in the open position.
With respect to claims 2 and 15, the ladder is inherently limited in the open position by the spreader mechanism.
With respect to claims 3 and 19, each strut 114 is shown as a single unibody construction.
With respect to claims 4-5 and 12, at least figure 1, shows the struts 114 and platform top as parallel to the top cap top surface and a surface upon which the ladder is located in the open position.
With respect to claims 6 and 20, at least figure 1 shows spreader pivot distal to an interior wall.
With respect to claim 7, see handle 118.
With respect to claims 8, 13 and 18, at least figure 1 shows the platform 116 as single unibody construction.
With respect to claim 9, at least figure 1 shows the platform front face adjacent to the front rail front faces.
With respect to claim 10, while not shown or described, it is inherent that the platform top surface would be generally coplanar to the front rail front faces at least above rung 107 when in the folded/closed position when reading column 4, ln. 49 through col. 5, ln. 21. The passage discloses assemblies 102 and 106 being pivotably attached to the top cap 110 to be displaced towards one another for compact storage and the spreader mechanism being configured to fold by lifting handle 118 up. Lifting handle 118 up and folding assemblies 102/106 toward one another will inherently move platform 116 to position an essentially co-planar and parallel to the front faces of the front rails.
With respect to claims 11, 16 and 17, the space between the side walls of platform 116 meets the limitation of a pair of channels as the arms 114 inherently fold into the underside of the platform 116 is the storage position.
With respect to claim 14, at least figures 1-2 shown a cross bar coupled between the rear rails.
Claims 1-3, 5, 6, 8-10 and 12-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent 10,648,234 to Skubie et al.
Skubie provides a step ladder 20 having a top cap 32, a pair of front rails 24/26 fixedly connected to the top cap and each having front face, a pair of rear rails 44/46 indirectly pivotably coupled to the top cap 32 at 60 and a spreader mechanism including a platform 72 having one pivotably coupled to the front rails and a second end pivotably coupled to “spreader arm(s)” 92 at 76.
As shown in at least Fig. 2, each spreader arm longitudinal axis and platform top surface are oriented generally parallel to the top cap top surface when the stepladder is in the open position.
With respect to claims 2 and 15, the ladder is inherently limited in the open position by the spreader mechanism.
With respect to claims 3 and 19, each strut 92 is shown as a single unibody construction.
With respect to claims 4-5 and 12, at least figure 1, shows the struts 114 and platform top as parallel to the top cap top surface and a surface upon which the ladder is located in the open position.
With respect to claims 6 and 20, at least figure 2 and 7 shows spreader pivot distal to an interior wall.
With respect to claims 8, 13 and 18, at least figure 2 shows the platform 72 as single unibody construction.
With respect to claim 9, at least figure 2 shows the platform front face adjacent to the front rail front faces .
With respect to claim 10,at least figure 3 shows the top surface of the platform 72 generally coplanar to the front rail front faces in a closed position.
With respect to claim 14, at least figures 1-2 shown a cross bar coupled between the rear rails.
Applicant's arguments filed 5/06/26 have been fully considered but they are not fully persuasive.
Arguments with respect to the prior art rejection of claims under U.S. Patent 10,487,576 to Ballard are not found persuasive.
Applicant repeats the argument that Ballard et al. fails to teach a platform pivotally coupled to a pair of front rails as claimed by amended independent claims 1, 12, and 17. Ballard et al. teaches a spreader mechanism 112 in which the platform 116 is pivotally coupled to a rung 107 associated with outer rails 105 or a rung 103 associated with inner rails 101 (column 5, lines 5-15). Nothing suggests that the platform of Ballard et al. is pivotally coupled to rails. For at least this reason, claims 1, 12, and 17 are patentable over Ballard et al. Claims 2-11, 13-6, and 18-20 depend from independent claims 1, 12, and 17, respectively, and, therefore, include the same limitation and are, likewise, patentable over Ballard et al.
This is not persuasive. First, the cited passage does not recite that the platform 116 is pivotally coupled to the rung 107 as argued. It recites that “The platform 112 is located and positioned so that it extends inwardly from a rung”. This passage defines a direction only. Lines 5-8 of column 5 recite “The spreader mechanism 112 further includes a platform 116 or step that has one end pivotally coupled with the first assembly 102” where the first assembly 102 is defined as “a first assembly 102 including inner rails 101 and one or more rungs 103 extending between” at column 4, lines 11-13. Further, column 5, lines 15-21 recite “ In one embodiment, the platform 116 may take the place of a rung 103 associated with the inner rails 101 (e.g., the uppermost rung 103 associated with the inner rails 101 of the first assembly 102). Thus, the platform 116 provides an expanded area for a user to stand on when standing at the height of the spreader mechanism 112.”
Thus, the platform is pivotally coupled to the rails as the rails are an element of the first assembly 102. And in the “one embodiment” the platform functions in lieu of rung 103 as such it inherently must pivotally couped to the rails so the ladder may fold to the closed position. Further, note that there is nothing in applicant’s claims requiring a direct pivotable coupling of the platform to the rails though the examiner believes this is provided when the first paragraph of column 5 is considered in its entirety.
Assuming arguendo that the platform is directly pivotally coupled to the rung 107 (which is not what is disclosed), the platform would still be pivotally coupled to the rails as the rung is affixed to the rails.
Applicant also argues that claim 12 required the front rail faces are coplanar with the platform top surface. The examiner notes that claim requires this when is a “closed position”. As noted above, while not shown or described, it is inherent that the platform top surface would be generally coplanar to the front rail front faces at least above rung 107 when in the folded/closed position when reading column 4, ln. 49 through col. 5, ln. 21. The passage discloses assemblies 102 and 106 being pivotably attached to the top cap 110 to be displaced towards one another for compact storage and the spreader mechanism being configured to fold by lifting handle 118 up. Lifting handle 118 up and folding assemblies 102/106 toward one another will inherently move platform 116 to position an essentially co-planar and parallel to the front faces of the front rails.
With respect to claims 11, 16 and 17, the space between the side walls of platform 116 meets the limitation of a pair of channels as the arms 114 inherently fold into the underside of the platform 116 is the storage position.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT CANFIELD whose telephone number is (571)272-6840. The examiner can normally be reached M-F 10-6, some Saturdays.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Dunn can be reached at 571-272-6670. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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ROBERT CANFIELD
Primary Examiner
Art Unit 3636
/Robert Canfield/Primary Examiner, Art Unit 3636
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