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 .
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.
Claims 1-3, 6-10 and 13-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Marschke (2,321,499).
Marschke discloses:
Claim 1: An insulated cover system to seal a ceiling access to an attic space having attic insulation of a certain fill depth, comprising:
an insulated cover (Fig. 1; 11) movable from a closed position (Fig. 1; 11) to an open position (Fig. 2; 11), and having an interior surface (Fig. 9; bottom surface of 11) and an exterior surface (Fig. 1; top surface of 11), said closed position sealing the ceiling access (Fig. 1; 11) and said open position exposing the ceiling access (Fig. 2; 11);
a rigid frame having a length (Fig. 1; see detail), width (Fig. 1; see detail), and height (Fig. 1; height of 10) forming a rectangular aperture and having two sides and front and back ends (Fig. 1; see detail), each said side forming a rectangle of said length and height, and said front and back ends each forming a rectangle of said width and height (Fig. 1; the segments making up the length and width form a rectangle - see detail), said width and length configured to couple with a ladder assembly (Fig. 1; 13), said height configured to substantially match the level of the attic insulation fill depth (Fig. 1; when mounted in an attic the insulation could be filled to the height of 10), said insulated cover hingedly coupled to said back end via a hinge (Fig. 1; via 12) coupled to said insulation cover and said rigid frame back end (Fig. 1; 12 ); and
a linkage assembly having two linkage assembly components (Fig. 2; 20 left and right), each linkage assembly component having two or more sections coupled by a fastening mechanism (Fig. 2; 22 and 24 left and right) and first (Fig. 2; where 20 is connected to 22) and second ends (Fig. 2; at 25), said second end of each linkage assembly component adapted to slidably contact said insulated cover (Fig. 2; via 24/25, Col. 3, Lines 25-28), said first end of each linkage assembly component pivotally coupled to the ladder assembly (Fig. 2; via 22/23, Col. 3, Lines 21-25), wherein as the ladder assembly moves from a stored position to a deployed position, the pivotally coupled linkage assembly components move, which in slidable contact with said insulated cover, causes movement of said insulated cover from the closed position to the open position (Figs. 1-2; Col. 3, Lines 21-28).
(examiner notes that applicant is not positively claiming the attic space or the insulation of a certain fill depth)
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Claim 2: The insulated cover system of claim 1, further comprising one or more guide bars mounted to said insulated cover to receive in slidable contact said linkage assembly components (Fig. 2; 24, Col. 3, Lines 25-28).
Claim 3: The insulated cover system of claim 1, further comprising a roller mounted to said second end of each of said two linkage assembly components to facilitate slidable contact of said linkage assembly components with said insulated cover (Fig. 2; 25, Col. 3, Lines 25-28).
Claim 6: The insulated cover system of claim 1, further comprising a mounting plate (Fig. 1; see detail) coupled to said insulation cover to receive said hinge (Fig. 1; 12).
Claim 7: The insulated cover system of claim 1, said insulation cover further comprising one or more segments coupled together via an insulation cover hinge (Fig. 1; 12 couples together 10 and 11).
Claim 8: An insulated cover system kit having component parts capable of being packaged in a disassembled form and of being assembled into an insulated cover system (the cover system of Marschke can be broken down into multiple components, such as 10, 11, 13 and 20) to seal a ceiling access to an attic space having attic insulation of a certain fill depth, comprising:
an insulated cover (Fig. 1; 11) movable from a closed position (Fig. 1; 11) to an open position (Fig. 2; 11), and having an interior surface (Fig. 9; bottom surface of 11) and an exterior surface (Fig. 1; top surface of 11), said closed position sealing the ceiling access (Fig. 1; 11) and said open position exposing the ceiling access (Fig. 2; 11);
a rigid frame having a length (Fig. 1; see detail), width (Fig. 1; see detail), and height (Fig. 1; height of 10) forming a rectangular aperture and having two sides and front and back ends (Fig. 1; see detail), each said side forming a rectangle of said length and height, and said front and back ends each forming a rectangle of said width and height (Fig. 1; the segments making up the length and width form a rectangle - see detail), said width and length configured to couple with a ladder assembly (Fig. 1; 13), said height configured to substantially match the level of the attic insulation fill depth (Fig. 1; when mounted in an attic the insulation could be filled to the height of 10), said insulated cover hingedly coupled to said back end via a hinge (Fig. 1; via 12) coupled to said insulation cover and said rigid frame back end (Fig. 1; 12 ); and
a linkage assembly having two linkage assembly components (Fig. 2; 20 left and right), each linkage assembly component having two or more sections coupled by a fastening mechanism (Fig. 2; 22 and 24 left and right) and first (Fig. 2; where 20 is connected to 22) and second ends (Fig. 2; at 25), said second end of each linkage assembly component adapted to slidably contact said insulated cover (Fig. 2; via 24/25, Col. 3, Lines 25-28), said first end of each linkage assembly component pivotally coupled to the ladder assembly (Fig. 2; via 22/23, Col. 3, Lines 21-25), wherein as the ladder assembly moves from a stored position to a deployed position, the pivotally coupled linkage assembly components move, which in slidable contact with said insulated cover, causes movement of said insulated cover from the closed position to the open position (Figs. 1-2; Col. 3, Lines 21-28).
Claim 9: The insulated cover system kit of claim 8, further comprising one or more guide bars mounted to said insulated cover to receive in slidable contact said linkage assembly components (Fig. 2; 24, Col. 3, Lines 25-28).
Claim 10: The insulated cover system kit of claim 8, further comprising a roller mounted to said second end of each of said two linkage assembly components to facilitate slidable contact of said linkage assembly components with said insulated cover (Fig. 2; 25, Col. 3, Lines 25-28).
Claim 13: The insulated cover system kit of claim 8, further comprising a mounting plate (Fig. 1; see detail) coupled to said insulation cover to receive said hinge (Fig. 1; 12).
Claim 14: The insulated cover system kit of claim 8, said insulation cover further comprising one or more segments coupled together via an insulation cover hinge (Fig. 1; 12 couples together 10 and 11).
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.
Claims 4 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Marschke (2,321,499) in view of Edwards (4,151,894).
Claims 4 and 11: Marschke discloses the insulated cover system of claims 1 and 8, but fails to disclose further comprising a weatherstrip gasket mounted in substantial proximity to the perimeter of the interior surface of said insulation cover to facilitate a sealing engagement between said insulation cover and said rigid frame when said insulation cover is in the closed position.
However, Edwards discloses a weatherstrip gasket (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 insulated cover of Marschke to include the gasket, as taught by Edwards, with a reasonable expectation of success because it would provide a seal between the cover and the frame to prevent any drafts.
Thus, in combination Marschke and Edwards disclose the weatherstrip gasket, of Edwards, mounted in substantial proximity to the perimeter of the interior surface of said insulation cover, of Marschke, to facilitate a sealing engagement between said insulation cover and said rigid frame, of Marschke, when said insulation cover is in the closed position.
Claims 5 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Marschke (2,321,499) in view of Melesky (2006/0258284).
Claims 5 and 12: Marschke discloses the insulated cover system of claims 1 and 8, but fails to disclose further comprising said insulation cover having a recessed outer periphery along said interior surface.
However, Melesky discloses a recessed outer periphery along said interior surface (Fig. 3; 27 is recessed in relation to 29).
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 cover of Marschke to include the recess, as taught by Melesky, with a reasonable expectation of success because it would allow a snug and frictionally engaged fit between the cover and the frame allowing for a more substantial seal (Para [0053]).
Conclusion
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.
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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