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 .
NOTE: While the cover sheet in applicant’s reply of 12/19/25 presents the correct application number of 18/356,079, all other pages submitted (Remarks and Claims), incorrectly list application 18/194,146 in the page headings. Please correct in future replies to avoid further confusion.
Election/Restrictions
Applicant’s election without traverse of group I, and species of actuating mechanism 140 in the reply filed on 12/19/25 is acknowledged.
In the reply applicant identified previously presented claims 1-9 and new claims 21-29 and 31 as reading on the elected invention and species; with new claim 30 being withdrawn. Claims 10-20 were cancelled in the reply.
Priority
The application data sheet filed July 20, 2023 lists provisional application 61/674882 in the domestic benefit information. However, this appears to be in error as provisional application 61/674882 is for a “T-Shirt Display Frame”.
A corrected ADS is required. It appears the applicant may mean to cite back to 61/874882 filed Sept. 6, 2013, as that is what is stated in [0001] of the specification. Appropriate correction is required.
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 25-29 and 31 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.
With respect to independent claim 25 it appears the applicant may have claimed the sum of the parts twice, under different names. Claim 25 first claims a rail (understood to be outer rail 108), and a leg member (understood to be leg member 132), but then also claims “a first structure” and “a second structure”, with the claim language going on to recite that the second structure is slidably disposed relative the first structure and that the second structure has “a plurality of engagement surfaces”, both of which are features of the leg member 132.
As best understood the “rail” in line 2 is the same as the “first structure” of line 6; and “leg member” of line 3 is the same as the “second structure” of line 7. If this is correct, applicant needs to amend the claim so that the rail and leg member are not claimed multiple times under different names.
If the rail and the first structure, and the leg member in the second structure, are in fact different members, clarification is needed on how the movement between the first structure in the second structure results in adjustment of the leg member relative to the rail.
NOTE: depending on how claim 25 is amended to correct the above issue there may be a non-statutory Double Patenting rejection with Claim 16 of US. 11,746,596. Review of applicant’s earlier patents is suggested in formulating amendments.
Dependent claims are rejected for being dependent upon a rejected claim.
Appropriate correction and clarification are required.
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 –
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.
Claim(s) 1-2, 6 and 8-9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sheffield (US pub 2011/0011678).
1. A ladder (figure 10) comprising:
a first rail assembly (50a, 50b, figure 10) comprising:
a pair of inner rails (50b) and a pair of outer rails (50a), the pair of inner rails (50b) being slidably disposed in the pair of outer rails (as best seen in figure 7 rails 50a include brackets that receive 50b for sliding withing);
a first plurality of rungs or steps coupled between the pair of inner rails (rungs of 50b, figure 10); and
a second plurality of rungs or steps coupled between the pair of outer rails (rungs of 50a, figure 10);
a pair of leveler mechanisms (detail lever mechanism seen in figure 1; pair seen in figure 10), each leveler mechanism being associated with a respective outer rail of the pair of outer rails (figure 10), each leveler mechanism comprising:
a leg member (21, figure 1) slidably disposed within an end portion of the respective outer rail (figure 7);
an actuating mechanism (pawl assembly 23) permissive of longitudinal movement in a first direction (downward) and a second, opposite direction (upward) when actuated and to prevent movement in the second direction (upward) when not actuated (ratchet function/configuration); and
a spring (35, figure 1) to maintain a biasing force on the leg member in the second direction ([0239).
2. The ladder of claim 1, wherein the actuating mechanism (23) includes a first engagement protrusion (26b, figure 1) and a second engagement protrusion (another of teeth 26b, or alternatively 26g), each of the first (26b) and second (26b/ 26g) engagement protrusions being sized and configured to engage engagement surfaces (ratchet teeth 22, figure 1) formed in the leg member (figure 1).
6. The ladder of claim 2, further comprising a handle (28, figure 5b, see below) pivotally coupled (via pivotal connection to 26c) with the first engagement protrusion and with the second engagement protrusion (figure 5b, see below).
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8. The ladder of claim 1, wherein the spring (35) includes a first end coupled with one of the pair of outer rails ([0239]) and a second end coupled with the leg member of one of the pair of leveler mechanisms (figure 1).
9. The ladder of claim 1, further comprising a laterally protruding stop member (foot pedal) coupled with the leg member (figure 1).
Allowable Subject Matter
Claims 3-5 and 7 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 21-24 are allowable.
Claims 25-29 and 31, as best understood in light of the above rejections, would be allowable if rewritten or amended 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.
Additionally, as noted above, depending on how claim 25 is amended to correct the above issue there may be a non-statutory Double Patenting rejection with Claim 16 of US. 11,746,596. Review of applicant’s earlier patents is suggested in formulating amendments.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to COLLEEN M CHAVCHAVADZE whose telephone number is (571)272-6289. The examiner can normally be reached M-F 8:00AM-4:00PM.
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, Daniel Cahn can be reached at 571-270-5616. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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COLLEEN M. CHAVCHAVADZE
Primary Examiner
Art Unit 3634
/COLLEEN M CHAVCHAVADZE/Primary Examiner, Art Unit 3634