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 .
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 arrangement wherein the “handrail assembly is rotated through a rotation angle of between 15% and 40%, preferably between 20% and 35%, of the angle of rotation of the access means” recited in Claim 23 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.
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.
Claim 23 is 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. The claim recites that the “handrail assembly is rotated through a rotation angle of between 15% and 40%, preferably between 20% and 35%, of the angle of rotation of the access means”. However, as best understood, the handrail assembly (32) is necessarily parallel to the access means (16) at all times due to the four-bar-linkage formed by 16-36-34A-36. As such, the handrail assembly must inherently rotate through the same angle as the access means. For the purposes of examination, a handrail that is connected to the access means by a similar four-bar-linkage as that used by the applicant will be considered sufficient to meet this limitation in the claim.
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.
Claims 1-5, 7-14, and 17-23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hedley in US Patent 6981572.
Regarding Claim 1, Hedley teaches an access system for a vehicle, equipment or installation, the access system including: an access means comprising at least one section (214) having multiple treads/steps (see Fig. 1); a retraction mechanism (220) with at least one actuator (222), the retraction mechanism including an actuator link (at A, see below) connecting a proximal end of the actuator to a mount (221) attaching the access means to the vehicle and an actuator bracket (B) connecting a distal end of the actuator to a first section of the access means (via 232) to cause retraction and deployment of the access means by operation of the actuator; and at least one handrail assembly (241) for each section to provide a handrail for supporting a user when the access means is deployed, the at least one handrail assembly being pivotably connected (via 234/238) to the access means such that the handrail assembly collapses relative to the at least one section for stowage (see Fig. 4), and having a link arrangement including a link (232/234) connected to a portion of the handrail assembly at one end and the other end connected to the proximal end of the actuator, and pivotably connected therebetween to a first section of the access means, whereby the handrail assembly collapses and extends respectively with retraction and deployment of the access means by operation of the actuator (see Figs. 2-4).
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Regarding Claim 2, Hedley teaches that the at least one actuator includes at least one hydraulic actuator, at least one pneumatic actuator and/or at least one electric actuator (a “linear actuator”).
Regarding Claim 3, Hedley teaches that the link between the handrail assembly and the actuator of the retraction mechanism is connected to, or part of, at least one baluster of the respective handrail assembly (See Fig. 2).
Regarding Claim 4, Hedley teaches that the handrail assembly includes: a plurality of balusters (234 and 238); one or more midrails (236) extends between successive said balusters; and the one or more midrails is pivotably connected at each end thereof to the respective balusters.
Regarding Claim 5, Hedley teaches multiple sections (214/216), each having a number of treads/steps, wherein: at least a first section and a second section are pivotably connected together (at 218); at least one transfer linkage (244/247) arrangement is provided to transfer motion between the first section and the second section; the transfer linkage arrangement including a first transfer link (244) and a second transfer link (247), pivotably connected to each other; at least one of the transfer links (244) is connected to a midrail or baluster (246) of the second section; the transfer linkage arrangement is arranged and configured to transfer motion to the handrail assembly of the second section; and when stowed, the multiple sections are adjacent one another (see Fig. 4).
Regarding Claim 7, Hedley teaches that a baluster (234) is functionally connected via the link to the at least one actuator of the retraction mechanism and to the handrail.
Regarding Claim 8, Hedley teaches that the baluster rotates relative to the mount in the same direction as the access means rotates during retraction or deployment of the access means; the access means and the baluster rotate in the same direction relative to the mount, equipment, installation during retraction and deployment; and the baluster functionally connected to the at least one actuator is configured to rotate fewer degrees or at a slower rate than the access means during retraction or deployment (see Figs. 2-4).
Regarding Claim 9, Hedley teaches that during retraction, the access means rotates upwards and the respective handrail collapses toward the access means, whilst both the access means and the baluster both rotate in the same direction relative to the mount.
Regarding Claim 10, Hedley teaches that during deployment, the access means is configured to rotate downwards and the respective handrail is moved away from the access means, whilst both the access means and the baluster both rotate in the same direction relative to the mount.
Regarding Claim 11, Hedley teaches that the baluster includes a member (234) extending between a connection to the handrail (at the top of the member) and a connection to the access means (at the bottom of the member); the connection to the handrail and/or the connection to the access means includes a respective pivot connection; the baluster is connected to a link arrangement (232) pivotably connected to the at least one actuator; and the baluster is functionally connected to at least one further baluster (238) by the handrail and/or at least one midrail.
Regarding Claim 12, Hedley teaches that a distance between a main pivot (228) connecting the access means to the mount and connection of the at least one actuator (between 232/234) to the access means is greater than a distance between a connection of the link arrangement to the access means and to the at least one actuator, whereby the access means rotates angularly further and at a greater rate than the at least one baluster, and an overall rotation angle is limited to avoid overcenter rotation (see Fig. 4).
Regarding Claim 21, Hedley teaches (see Figs. 2 and 4) that the overall rotation angle the access means is retracted or deployed through is limited to up to 175° between fully deployed and fully retracted positions, preferably up to 160° more preferably up to 150° and yet more preferably up to around 135° (the access means rotates by approximately 135° and no more).
Regarding Claim 22, Hedley teaches that the at least one baluster, connected for rotation relative to the access means, rotates through an angle equivalent to between 15% and 40%, preferably between 20% and 35%, of the overall angle of rotation of the access means between fully deployed and fully retracted positions (the baluster rotates through approximately 35° which is approximately between 20% and 30% of 135°).
Regarding Claim 23, Hedley teaches that the handrail assembly is rotated through a rotation angle of between 15% and 40%, preferably between 20% and 35%, of the angle of rotation of the access means (as best understood).
Regarding Claim 13, Hedley teaches, through the normal and customary use of the device, a method of retracting the access system of claim 1, the method including: operating the retraction mechanism having an actuator to drive retraction of the access means, the retraction mechanism driving collapse of the handrail assembly relative to the access means, wherein: a baluster (2246) functionally connected to the at least one actuator is rotated relative to the mount in the same direction as the access means is rotated and by fewer degrees or at a slower rate than the access means during retraction or deployment: during retraction, the access means rotates upwards and the respective handrail collapses toward the access means (see Figs 2-4), whilst both the access means and the baluster both rotate in the same direction relative to the mount; and during deployment, the access means is rotated downwards and the respective handrail is moved away from the access means, whilst both the access means and the baluster are both rotated in the same direction relative to the mount; the baluster includes a member (246) extending between a connection to the handrail (at the upper end) and a connection to the access means (toward 216); and the baluster is functionally connected to at least one further baluster by the handrail (242) and/or at least one midrail.
Regarding Claim 14, Hedley teaches that retraction of the access means includes pivoting of a second section (216) of the access means relative to a first section (214) of the access means, each of the first section and the second section including a number of treads/steps of the access means (see Fig. 1); the first section includes a first handrail assembly (241); the second section includes a second handrail assembly (242); retraction of the access means collapses the first handrail assembly and the second handrail assembly; and collapse of the second handrail assembly is driven by mechanical connection of the second handrail assembly to the first section and/or to the first handrail assembly.
Regarding Claim 17, Hedley teaches that a distance between a main pivot (228) connecting the access means to a mount and connection of the at least one actuator to the access means (at the ends of 221) is greater than a distance between a connection of the link arrangement to the access means (at the bottom end of 232) and to the at least one actuator whereby the access means rotated angularly further and at a greater rate than the at least one baluster, and an overall rotation angle is limited to avoid overcenter rotation (see Fig. 4).
Regarding Claim 18, Hedley teaches that the access means is retracted or deployed through an overall rotation angle of up to 175° between fully deployed and fully retracted positions, preferably up to 160°, more preferably up to 150° and yet more preferably up to around 135° (see Figs. 2-4).
Regarding Claim 19, Hedley teaches that at least one baluster (237) connected for rotation relative to the access means rotates through an angle equivalent to between 15% and 40%, preferably between 20% and 35%, of the overall angle of rotation of the access means between fully deployed and fully retracted positions.
Regarding Claim 20, Hedley teaches that the handrail assembly (242) is rotated through a rotation angle of between 15% and 40%, preferably between 20% and 35%, of the angle of rotation of the access means.
Response to Arguments
Applicant's arguments filed 2/20/2026 have been fully considered but they are not persuasive.
With respect to the applicant’s arguments regarding the linkage elements of the Hedley device: please see the annotated figure included in the rejection. While certain reference characters may not be present in the figures, Hedley shows all of the recited limitations of the claim (as identified above) including the “actuator link” and “actuator bracket” as well as the “link arrangement” currently recited in Claim 1.
Conclusion
THIS ACTION IS MADE FINAL. 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 NOAH C. HAWK whose telephone number is (571)272-1480. The examiner can normally be reached M-F 9am to 5:30pm.
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, David Dunn can be reached at 5712726670. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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NOAH C. HAWK
Primary Examiner
Art Unit 3636
/Noah Chandler Hawk/Primary Examiner, Art Unit 3636