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 § 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 1-13 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 first claims two side rods are configured to be telescopically sleeved with two leg pipes of the ladder. Two leg pipes of a ladder and a ladder are not positively claimed, making limitations that further define two leg pipes or a ladder unclear.
Claim 1 recites the limitation "the two leg pipes" in lines 18 and 22. There is insufficient antecedent basis for this limitation in the claim.
Claim 2 recites the limitation "the ladder" in line 4. There is insufficient antecedent basis for this limitation in the claim. A ladder is only previously functionally claimed.
Claim 8 recites the limitation "the two leg pipes" in line 3 and 5. There is insufficient antecedent basis for this limitation in the claim.
Claim 10 recites the limitation "the handheld sleeves" in line 6. There is insufficient antecedent basis for this limitation in the claim. Only one sleeve is previously claimed.
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)(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) 1, 2, 6, 9, and 10 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Boyer et al US 2021/0010327.
Regarding claim 1, Boyer discloses a lifting and lowering handrail structure for a ladder, comprising: a handrail frame (14), wherein: the handrail frame comprises an upper lateral rod (16) and two side rods (18, 20) symmetrically arranged in a left-and-right direction (Boyer, Figure 5), an upper end of each of the two side rods is connected to an end of the upper lateral rod (Boyer, Figure 5), the two side rods are configured to be telescopically sleeved with two leg pipes of the ladder (Boyer, Figures 1, 4 and 5), a side of a lower end of at least one of the two side rods comprises a locking hole (64), the lower end of the at least one of the two side rods is sleeved with a handheld sleeve (70), a button (74) is pivotally connected to the handheld sleeve, the button comprises a protrusion pin (56) configured to correspond to the locking hole, the protrusion pin is configured to be disposed in the locking hole due to driving of an elastic member (Boyer, Figure 7a), the two leg pipes (as best understood) comprise at least one position-limiting hole (62) configured to correspond to the locking hole, and the protrusion pin is configured to pass through the locking hole to be disposed in the at least one position-limiting hole when the two side rods are telescopically sleeved with the two leg pipes to enable the locking hole to be aligned with the at least one position-limiting hole (Boyer, ¶0036 0032).
Regarding claim 2, Boyer further discloses the handheld sleeve having a C-shaped cross-section (Boyer, Figure 7) and comprises a first opening located on an inner side of the ladder (as best understood), and each of the two side rods having a C-shaped cross-section and comprises a second opening located on the inner side (Boyer, Figure 7).
Regarding claim 6, Boyer further discloses the handheld sleeve being buckled to a corresponding one of the two side rods (Boyer, Figure 7, ¶0034).
Regarding claim 9, Boyer further discloses the upper end of each of the two side rods is spliced with the upper lateral rod through a connecting member (Boyer, Figure 5).
Regarding claim 10, Boyer further discloses each of the two side rods being disposed with one of the handheld sleeves (70) (Boyer, Figure 7).
Claim(s) 1, 3-5, and 10 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Leng US 2018/0148977.
Regarding claim 1, Leng discloses a lifting and lowering handrail structure for a ladder, comprising: a handrail frame, wherein: the handrail frame comprises an upper lateral rod (54) and two side rods (52) symmetrically arranged in a left-and-right direction (Leng, Figure 1), an upper end of each of the two side rods is connected to an end of the upper lateral rod (Leng, Figure 1), the two side rods are configured to be telescopically sleeved with two leg pipes of the ladder (Leng, Figures 1, 3 and 4), a side of a lower end of at least one of the two side rods comprises a locking hole (Leng, Figure 3), the lower end of the at least one of the two side rods is sleeved with a handheld sleeve (30), a button (60) is pivotally connected to the handheld sleeve, the button comprises a protrusion pin (64) configured to correspond to the locking hole, the protrusion pin is configured to be disposed in the locking hole due to driving of an elastic member (66), the two leg pipes (as best understood) comprise at least one position-limiting hole (Leng, Figure 3) configured to correspond to the locking hole, and the protrusion pin is configured to pass through the locking hole to be disposed in the at least one position-limiting hole when the two side rods are telescopically sleeved with the two leg pipes to enable the locking hole to be aligned with the at least one position-limiting hole (Leng, Figure 3).
Regarding claim 3, Leng further discloses a middle part of the button is pivotally connected to the handheld sleeve (Leng, ¶0012), the protrusion pin is located inside of a lower end of the button (Leng, Figure 3), the elastic member is located inside of an upper end of the button (Leng, Figure 3), and the handheld sleeve comprises a through hole corresponding to the protrusion pin (Leng, Figure 3).
Regarding claim 4, Leng further discloses the handheld sleeve comprising a position-providing hole (Leng, Figure 3), a first end of the elastic member passes through the position-providing hole to abut a corresponding one of the two side rods (Leng, Figure 3), and a positioning member located inside of the button is disposed in a second end of the elastic member (Leng, Figure 3).
Regarding claim 5, Leng further discloses the button being located on a rear side of the corresponding one of the two side rods (Leng, Figure 2).
Regarding claim 10, Leng further discloses each of the two side rods being disposed with one of the handheld sleeves (30) (Leng, Figure 3).
Allowable Subject Matter
Claims 7, 8, and 11-13 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art fails to disclose or suggest an outwardly protruding buckle on a corresponding side rod, the handheld sleeve comprises a buckle hole, or a deformed tongue plate extending horizontally inward of the two leg pipes and corresponding to the at least one position-limiting hole.
Boyer discloses the button being pivotally connected the sleeve near a lower half of the button, not the middle.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: US 2020/0217134.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KRISTEN C HAYES whose telephone number is (571)272-7881. The examiner can normally be reached M-F 8am-6pm.
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/KRISTEN C HAYES/Primary Examiner, Art Unit 3642
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