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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 6/18/2026 has been entered.
Drawings
The drawings were received on 7/21/2023. These drawings are accepted in light of the cancellation of Claim 23.
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, 7, 9-11, 13, and 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nelson et al. in US Patent 4014486.
Regarding Claim 1, Nelson teaches an access system for a vehicle, equipment or installation, the access system including: an access means comprising at least one section (18) having multiple treads/steps (24); a retraction mechanism with at least one actuator (96/78/72), the retraction mechanism including an actuator link (64) connecting a proximal end of the actuator to a mount (60) attaching the access means to the vehicle and an actuator bracket (100) connecting a distal end of the actuator to a first section of the access means to cause retraction and deployment of the access means by operation of the actuator; and at least one handrail assembly (34) 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 to the access means (such as at 149) such that the handrail assembly collapses relative to the at least one section for stowage, and having a link arrangement including a link (82/84/86) 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.
Regarding Claim 7, Nelson teaches that a baluster (88/136) is functionally connected via the link to the at least one actuator of the retraction mechanism and to the handrail.
Regarding Claim 9, Nelson teaches that during retraction, the access means rotates upwards and the respective handrail collapses toward the access means, whilst the access means and the baluster both rotate in the same direction relative to the mount.
Regarding Claim 10, Nelson teaches that, during deployment, the access means is configured to rotate downwards and the respective handrail is moved away from the access means, whilst the access means and the baluster both rotate in the same direction relative to the mount.
Regarding Claim 11, Nelson teaches that the baluster includes a member (136) extending between a connection to the handrail and a connection to the access means; the connection to the handrail and/or the connection to the access means includes a respective pivot connection (see Fig. 6); the baluster is connected to a link arrangement pivotably connected to the at least one actuator; and the baluster is functionally connected to at least one further baluster by the handrail and/or at least one midrail (see Fig. 2-6).
Regarding Claim 13, Nelson 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 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 (136) 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, whilst 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 the access means and the baluster are both rotated in the same direction relative to the mount; the baluster includes a member (88) extending between a connection to the handrail and a connection to the access means; and the baluster is functionally connected to at least one further baluster by the handrail and/or at least one midrail (see Figs. 2-6).
Regarding Claim 14, Nelson teaches that retraction of the access means includes pivoting of a second section (20) of the access means relative to a first section of the access means, each of the first section and the second section including a number of treads/steps (26) of the access means; the first section includes a first handrail assembly (34); the second section includes a second handrail assembly (142); 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 (22) of the second handrail assembly to the first section and/or to the first handrail assembly.
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 2-5 are rejected under 35 U.S.C. 103 as being unpatentable over Nelson as applied to Claim 1 in view of Johnson in US Publication 2017/0167197.
Regarding Claim 1, Nelson is silent as to the type of actuator used. Johnson teaches an actuator (70) for an access means, wherein the at least one actuator includes at least one hydraulic actuator (“hydraulic cylinder”), at least one pneumatic actuator and/or at least one electric actuator. 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 device of Nelson by using a hydraulic actuator as taught by Johnson in order to provide a durable and powerful actuator for the device.
Regarding Claim 3, Nelson, as modified, 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 (88/136) of the respective handrail assembly.
Regarding Claim 4, Nelson, as modified, teaches that the handrail assembly includes: a plurality of balusters (88/136, 146, 150); one or more midrails (34) 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, Nelson, as modified, teaches multiple sections (18 and 20), each having a number of treads/steps (26), wherein: at least a first section (18) and a second section (20) are pivotably connected together (at 22); at least one transfer linkage arrangement (22) is provided to transfer motion between the first section and the second section; the transfer linkage arrangement including a first transfer link (102) and a second transfer link (106), pivotably connected to each other; at least one of the transfer links is connected to a midrail or baluster of the second section (via 30); 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. 6).
Allowable Subject Matter
Claims 8, 12, and 17-22 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.
Response to Arguments
Applicant’s arguments with respect to claims 1 and its dependent claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
NOAH C. HAWK
Primary Examiner
Art Unit 3636
/Noah C. Hawk/Primary Examiner, Art Unit 3636
Prosecution Insights