This is a Final office action for serial number 18/324971.
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 Objections
Claims 1-20 are objected to because of the following informalities:
The claim terminology should match the terminology used within the specification therefore eliminating confusion in the claim language. The specification does not use the term “retainer” therefore the specification should include the terminology “retainer” to be consistent with the Claim language.
Appropriate correction is required.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the at least one support surface is pitched toward a centerline of the body (use of reference numbers is required) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities: The claim terminology should match the terminology used within the specification therefore eliminating confusion in the claim language. The specification does not use the term “retainer” therefore the specification should include the terminology “retainer” to be consistent with the Claim language.
Appropriate correction is required.
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.
(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) 18 is/are rejected under 35 U.S.C. 102 (a) (1)as being anticipated by Nauta 3,341,047.
Nauta discloses claim:
18. A button for a locking mechanism, the button comprising: a body (20/22) having a first side surface, a second side surface positioned opposite the first side surface, and at least one lateral surface extending between the first side surface and the second side surface; a support arm 50 coupled with the body and pivotable relative to the body 20/22 about a pivot axis intersecting the at least one lateral surface, the support arm 50 being pivotable about the pivot axis between a deployed position (Figure 5) and a collapsed position (Figure 3); wherein in the collapsed position, the entire support arm lies between a first plane defined by the first side surface of the body and a second plane defined by the second side surface of the body; and wherein in the deployed position, the support arm extends from the second side surface in a direction extending away from the first side surface.
[AltContent: arrow][AltContent: textbox (Support arm 50)][AltContent: textbox (Collapsed position Figure 3)][AltContent: arrow][AltContent: textbox (Second side)][AltContent: arrow][AltContent: arrow][AltContent: textbox (First side)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Lateral surface)]
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Claim(s) 20 is/are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by Parker 2005/252721.
Parker discloses claim:
20. (Original) A button for a locking mechanism, the button comprising: a body (B; see for ex. part of element 29 between the central hole and hole 29A) having a first side surface attachable to a shaft (for ex. 40) , a second side surface positioned opposite the first side surface, and at least one lateral surface extending between the first side surface and the second side surface (See figure 15) ; a support arm (31) coupled with the body (B see for ex. part of element 29 between the central hole and hole 29A) and pivotable relative to the body about a pivot axis (see the axis going through the central opening visible on figure 15, since the specification states “which the shank 31c is disposed and rotates freely”) intersecting the at least one lateral surface, the support arm (31) being pivotable about the pivot axis between a deployed position (SAP; when button is not pressed) and a collapsed position (FAP, when button 32 is pressed); wherein in the deployed position (SAP, when the button is not pressed), a substantially upward-facing portion of the at least one lateral surface (side surfaces of plate 29) limits rotation (when pin 31A is inserted into opening 29A the side surfaces of plate 29 block the rotation of 31) of the support arm (31) about the pivot axis.
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.
Claim(s) 1-14, 16 and 17 is/are rejected, as best understood, under 35 U.S.C. 103 as being unpatentable over Foley et al. (Foley) 20180274296 in view of Nauta 3,341,047.
.Foley discloses claims:
1. (Original) A ladder (100), comprising: a first assembly (left side of ladder includes rails and rungs), including: a first pair of rails spaced apart from each other; a first set of rungs coupled to and extending between the pair of rails; a first pair of hinge portions coupled to the first pair of rails; a second assembly (right side of ladder includes rails and rungs), including: a second pair of rails spaced apart from each other; a second pair of hinge portions coupled to the second pair of rails; wherein the first pair of hinge portions (left hinge 10) and the second pair of hinge portions (right hinge 10) are pivotally coupled to each other to form a pair of hinges rotatable about a pivot axis; and at least one retainer (25) movable between a first axial position along the pivot axis and a second axial position along the pivot axis, the first assembly being rotatable relative to the second assembly while the at least one retainer is in the first axial position, the first assembly being prevented from rotation relative to the second assembly by the at least one retainer while the at least one retainer is in the second axial position; wherein the at least one retainer includes: a body (30) movable relative to the pair of hinges between the first axial position and the second axial position;
2. (Original) The ladder of claim 1, wherein the at least one retainer comprises a pin portion (25) extending from the body into at least one of the pair of hinges.
3. (Original) The ladder of claim 2, wherein the body (30) is reversibly removable from the pin portion.
13. (Original) The ladder of claim 1, wherein the first pair of rails and the second pair of rails are movable relative to the pivot axis between at least a freestanding configuration and a collapsed configuration.
14. (Original) The ladder of claim 13, wherein while the first pair of rails and the second pair of rails are in the freestanding configuration on a substantially horizontal support surface, the support arm extends substantially horizontally relative to the substantially horizontal support surface.
17. (Original) The ladder of claim 1, wherein the at least one retainer (25) is movable between the first axial position and the second axial position in response to application of an axially-oriented force to a substantially axially-facing surface of the body.
[AltContent: arrow][AltContent: textbox (Pivot axis)]
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Foley discloses all of the limitations of the claimed invention except for a support arm.
Nauta discloses claim:
1. a support arm 50 coupled with and extending from the body 20.
4. (Original) The ladder of claim 1, wherein the support arm 50 is pivotable relative to the body 20 between a deployed position and a collapsed position.
5. (Original) The ladder of claim 4, wherein the support arm 50 is selectively biased into the deployed position (figure 5) and into the collapsed position (figure 3).
6. (Original) The ladder of claim 4, wherein the deployed position (figure 3) is substantially perpendicularly offset from the collapsed position (figure 5).
7. (Original) The ladder of claim 4, wherein the body (20) comprises a protrusion 40 limiting rotation away from the deployed position while the support arm is in the collapsed position.
8. (Original) The ladder of claim 4, wherein the support arm 50 is substantially aligned with a plane perpendicular to the pivot axis while in the collapsed position (figure 3).
9. (Original) The ladder of claim 4, wherein the support arm 50 forms a loop with the body while in the deployed position (figure 5).
10. (Original) The ladder of claim 9, wherein the loop includes at least three linear segments (56, 58, 62, 64).
11. (Original) The ladder of claim 1, wherein the body comprises at least one support surface engaging a downward-facing surface 62 or 64 the support arm 50 while the support arm is in the deployed position (figure 5).
12. (Original) The ladder of claim 11, wherein the at least one support surface (surface of body) is pitched toward a centerline of the body.
[AltContent: arrow][AltContent: textbox (Support arm 50)][AltContent: textbox (Collapsed position Figure 3)][AltContent: arrow][AltContent: textbox (Second side)][AltContent: arrow][AltContent: arrow][AltContent: textbox (First side)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Lateral surface)]
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[AltContent: arrow][AltContent: arrow][AltContent: textbox (Deployed position
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with reasonable expectation of success to have modified Foley included the support arm as taught by Nauta for the purpose of providing a means for supporting tools, supplies, or for pulling out the button for locking the hinge means. Modified Foley in view of Nauta inherently discloses (Claim 1) a support arm coupled with and extending from the body, (Claim 4) wherein the support arm is pivotable relative to the body between a deployed position and a collapsed position, (Claim 5) wherein the support arm is selectively biased into the deployed position and into the collapsed position, (Claim 6) wherein the deployed position is substantially perpendicularly offset from the collapsed position, (Claim 7) wherein the body comprises a protrusion limiting rotation away from the deployed position while the support arm is in the collapsed position, (Claim 8) wherein the support arm is substantially aligned with a plane perpendicular to the pivot axis while in the collapsed position, (Claim 9) wherein the support arm forms a loop with the body while in the deployed position, (Claim 10) wherein the loop includes at least three linear segments, (Claim 11) wherein the body comprises at least one support surface engaging a downward-facing surface of the support arm while the support arm is in the deployed position, (Claim 12) wherein the at least one support surface is pitched toward a centerline of the body; (Claim 16) wherein the support arm is pivotable about an axis perpendicular to the pivot axis.
Claim(s) 1-17 is/are rejected, as best understood, under 35 U.S.C. 103 as being unpatentable over Yeh 20190383099 in view of Nauta 3,341,047.
Yeh discloses claims:
1. (Original) A ladder (conventional ladder including a first and second assemblies, the title of the invention being ladder hinge provides the conventional ladder disclosure is inherent), comprising: a first assembly (left side of conventional ladder includes rails and rungs), including: a first pair of rails spaced apart from each other; a first set of rungs coupled to and extending between the pair of rails; a first pair of hinge portions coupled to the first pair of rails; a second assembly (right side of conventional ladder includes rails and rungs), including: a second pair of rails spaced apart from each other; a second pair of hinge portions coupled to the second pair of rails; wherein the first pair of hinge portions (one side of ladder including 1 and 2) and the second pair of hinge portions (other side of ladder including 1 and 2) are pivotally coupled to each other to form a pair of hinges rotatable about a pivot axis; and at least one retainer (432) movable between a first axial position along the pivot axis and a second axial position along the pivot axis, the first assembly being rotatable relative to the second assembly while the at least one retainer is in the first axial position, the first assembly being prevented from rotation relative to the second assembly by the at least one retainer while the at least one retainer is in the second axial position; wherein the at least one retainer includes: a body (41) movable relative to the pair of hinges between the first axial position and the second axial position;
2. (Original) The ladder of claim 1, wherein the at least one retainer comprises a pin portion (432) extending from the body into at least one of the pair of hinges.
3. (Original) The ladder of claim 2, wherein the body (41) is reversibly removable from the pin portion.
13. (Original) The ladder of claim 1, wherein the first pair of rails and the second pair of rails are movable relative to the pivot axis between at least a freestanding configuration and a collapsed configuration.
14. (Original) The ladder of claim 13, wherein while the first pair of rails and the second pair of rails are in the freestanding configuration on a substantially horizontal support surface, the support arm extends substantially horizontally relative to the substantially horizontal support surface.
15. (Original) The ladder of claim 1, wherein a top surface of the body comprises at least one aperture extending perpendicular to the pivot axis.
17. (Original) The ladder of claim 1, wherein the at least one retainer (432) is movable between the first axial position and the second axial position in response to application of an axially-oriented force to a substantially axially-facing surface of the body.
[AltContent: textbox (Top surface of body comprising at least one aperture extending perpendicular to the pivot axis)][AltContent: arrow]
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Yeh discloses all of the limitations of the claimed invention except for a support arm.
Nauta discloses claim:
1. a support arm 50 coupled with and extending from the body 20.
4. (Original) The ladder of claim 1, wherein the support arm 50 is pivotable relative to the body 20 between a deployed position and a collapsed position.
5. (Original) The ladder of claim 4, wherein the support arm 50 is selectively biased into the deployed position (figure 5) and into the collapsed position (figure 3).
6. (Original) The ladder of claim 4, wherein the deployed position (figure 3) is substantially perpendicularly offset from the collapsed position (figure 5).
7. (Original) The ladder of claim 4, wherein the body (20) comprises a protrusion 40 limiting rotation away from the deployed position while the support arm is in the collapsed position.
8. (Original) The ladder of claim 4, wherein the support arm 50 is substantially aligned with a plane perpendicular to the pivot axis while in the collapsed position (figure 3).
9. (Original) The ladder of claim 4, wherein the support arm 50 forms a loop with the body while in the deployed position (figure 5).
10. (Original) The ladder of claim 9, wherein the loop includes at least three linear segments (56, 58, 62, 64).
11. (Original) The ladder of claim 1, wherein the body comprises at least one support surface engaging a downward-facing surface 62 or 64 the support arm 50 while the support arm is in the deployed position (figure 5).
12. (Original) The ladder of claim 11, wherein the at least one support surface (surface of body) is pitched toward a centerline of the body.
[AltContent: arrow][AltContent: textbox (Support arm 50)][AltContent: textbox (Collapsed position Figure 3)][AltContent: arrow][AltContent: textbox (Second side)][AltContent: arrow][AltContent: arrow][AltContent: textbox (First side)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Lateral surface)]
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with reasonable expectation of success to have modified Yeh included the support arm as taught by Nauta for the purpose of providing a means for supporting tools, supplies, or for pulling out the button for locking the hinge means. Modified Yeh in view of Nauta inherently discloses (Claim 1) a support arm coupled with and extending from the body, (Claim 4) wherein the support arm is pivotable relative to the body between a deployed position and a collapsed position, (Claim 5) wherein the support arm is selectively biased into the deployed position and into the collapsed position, (Claim 6) wherein the deployed position is substantially perpendicularly offset from the collapsed position, (Claim 7) wherein the body comprises a protrusion limiting rotation away from the deployed position while the support arm is in the collapsed position, (Claim 8) wherein the support arm is substantially aligned with a plane perpendicular to the pivot axis while in the collapsed position, (Claim 9) wherein the support arm forms a loop with the body while in the deployed position, (Claim 10) wherein the loop includes at least three linear segments, (Claim 11) wherein the body comprises at least one support surface engaging a downward-facing surface of the support arm while the support arm is in the deployed position, (Claim 12) wherein the at least one support surface is pitched toward a centerline of the body; (Claim 16) wherein the support arm is pivotable about an axis perpendicular to the pivot axis.
Claims 19 is/are rejected, as best understood, under 35 U.S.C. 103 as being unpatentable over Foley et al. (Foley) 20180274296 in view of Nauta 3,341,047.
Foley discloses a body (30) directly coupled with an adjustment mechanism (10) of a rail of a ladder (100).
Foley discloses all of the limitations of the claimed invention except for the support arm.
Nauta discloses claim:
(Claim 18) a body (20/22) having a first side surface, a second side surface positioned opposite the first side surface, and at least one lateral surface extending between the first side surface and the second side surface; a support arm 50 coupled with the body and pivotable relative to the body 20/22 about a pivot axis intersecting the at least one lateral surface, the support arm 50 being pivotable about the pivot axis between a deployed position (Figure 5) and a collapsed position (Figure 3); wherein in the collapsed position, the entire support arm lies between a first plane defined by the first side surface of the body and a second plane defined by the second side surface of the body; and wherein in the deployed position, the support arm extends from the second side surface in a direction extending away from the first side surface.
[AltContent: arrow][AltContent: textbox (Support arm 50)][AltContent: textbox (Collapsed position Figure 3)][AltContent: arrow][AltContent: textbox (Second side)][AltContent: arrow][AltContent: arrow][AltContent: textbox (First side)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Lateral surface)]
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with reasonable expectation of success to have modified Foley for the purpose of providing a support arm to the body for the purpose of providing a means for supporting tools, supplies, or for pulling out the button for locking the hinge means.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-19 have been considered but are moot because the new ground of rejection using Nauta does not rely on the combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant's arguments filed January 21, 2026 have been fully considered but they are not persuasive.
In response to applicant’s arguments that
Claim 20 recites, inter alia, "a support arm coupled with the body and pivotable relative to the body about a pivot axis intersecting the at least one lateral surface."
The Parker reference does not teach or suggest the above-indicated limitations of claims 18 and 20. The alleged support arm of Parker (bar 31) is not pivotable about a pivot axis intersecting the alleged at least one lateral surface of the alleged body (identified by the Examiner as "part of element 29 between the central hole and hole 29A").
The Examiner argues that the at least one lateral surface of the alleged body is between a first side surface and a second side surface of the body. The Examiner does not specifically identify which surfaces of element 29 are intended to be understood as the first side surface and the second side surface. However, the Examiner contends that "part of element 31 is always between the two specified surfaces." Office Action at p. 5. Accordingly, the Examiner appears to be arguing that the two side surfaces are the red surface indicated in Applicant's annotated FIG. 15 of Parker below and the surface opposite the red surface (pointed at by the blue arrow), respectively. The lateral surface therefore must consist of the at least partially ring-shaped surface within the central opening (or opening 29A) of the flange of lower hinge portion 29, as shown in yellow in the annotated figure.
The examiner remarks are as follows. Parker clearly teaches as discussed below claim 20 A button for a locking mechanism, the button comprising: a body (B; see for ex. part of element 29 between the central hole and hole 29A) having a first side surface attachable to a shaft (for ex. 40) , a second side surface positioned opposite the first side surface, and at least one lateral surface extending between the first side surface and the second side surface (See figure 15) ; a support arm (31) coupled with the body (B see for ex. part of element 29 between the central hole and hole 29A) and pivotable relative to the body about a pivot axis (see the axis going through the central opening visible on figure 15, since the specification states “which the shank 31c is disposed and rotates freely”) intersecting the at least one lateral surface, the support arm (31) being pivotable about the pivot axis between a deployed position (SAP; when button is not pressed) and a collapsed position (FAP, when button 32 is pressed); wherein in the deployed position (SAP, when the button is not pressed), a substantially upward-facing portion of the at least one lateral surface (side surfaces of plate 29) limits rotation (when pin 31A is inserted into opening 29A the side surfaces of plate 29 block the rotation of 31) of the support arm (31) about the pivot axis therefore meeting the applicant’s claimed invention. The specification within paragraph 0037 states, “a shank 31c and a projection 31a, and the bushing 30 has a center hole 30c in which the shank 31c is disposed and rotates freely” therefore disclosing the support arm 31 is pivotable meeting the applicant’s claimed invention.
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 KIMBERLY T WOOD whose telephone number is (571)272-6826. The examiner can normally be reached M-Thur 9:00am-5:30pm flexible schedule.
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, Jonathan Liu can be reached at (571) 272-8227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KIMBERLY T WOOD/ Primary Examiner, Art Unit 3631
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