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 . 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.
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 foldable ramp in the second position 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.
Claims 1-7, 11 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential elements, such omission amounting to a gap between the elements. See MPEP § 2172.01. The omitted elements are: The elements necessary to mount the landing and inclined region to the wall and the elements necessary to place the landing and inclined region in a “folded against the wall” position.
* Because the rejected claims are vague with respect how the foldable ramp is mounted and folded against a wall, and the claims are indefinite as to the scope of “a wall”, as claimed the wall is not necessarily part of a building; the limitations are seen to include any vertical structure and any device capable of mounting/attaching/coupling a planar body to said vertical structure, such as nails, hooks, hinges etc.
Claim 11 recites the limitation "a second handrail" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim. Claim 1 does not provide for handrails.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating
obviousness or nonobviousness.
Claim(s) 1-3, 5, 9, 10, 16, 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Heartsill et al. US 7,185,381. Heartsill et al. disclose a foldable ramp comprising:
A landing (12) pivotably attached to a stair assembly (20/22). Figs. 1-3.
A ramp assembly (14, 16) pivotably attached to one another and said landing.
A pivoting support leg (18) pivotably attached to a bottom side of the landing. Figs. 4,9.
A bracket and strap assembly (11) attached to a wall (24) of a stair assembly (20/22).
Wherein in a deployed position the landing is parallel with a ground surface
and the ramp assembly being pivotably attached to the landing contacts the ground
providing an inclined ramp and expanded landing area (12/22). Figs. 5-6.
Although Heartsill et al. disclose and illustrate the landing/ramp assembly folded against
the wall “stair riser” (24) of the stair assembly (20/22) Fig. 7; Heartsill et al. illustrate the hinge assembly (30) mounted to the upper step (22) and not the wall (24) of the stair (20/22). However, Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to mount the hinge (30) to the underside of the landing (12) and the wall (24) of the step (20/22) in order to facilitate mounting the landing flush with the upper step (22) as reasonably suggested by Heartsill et al. See Col. 2, ln. 67-Col. 3, ln. 6.
With respect to claim 5 although Heartsill et al. only discloses a single support leg (18) it would be a matter of design choice, as to how many support legs are needed for an intended use. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the pet ramp of Heartsill et al. with additional support legs in order to improve safety.
Claim(s) 4, 12, 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Heartsill et al. US 7,185,381 in view of Churchfield et al. US 2,579,797. Heartsill et al. disclose a foldable ramp comprising:
A landing (12) pivotably attached to a stair assembly (20/22). Figs. 1-3.
A ramp assembly (14, 16) pivotably attached to one another and said landing.
A support leg (18) pivotably attached to a bottom side of the landing. Figs. 4,9.
A bracket and strap assembly (11) attached to a wall (24) of a stair assembly (20/22).
Wherein in a deployed position the landing is parallel with a ground surface
and the ramp assembly being pivotably attached to the landing contacts the ground providing an inclined ramp and expanded landing area (12/22). Figs. 5-6.
What Heartsill et al. does not disclose is a handrail. However, Churchfield et al. teaches a pet ramp and exercise landing having a detachable repositionable handrail (12) arranged on said landing in a variety of arrangements for an access ramp (14) can be disposed as desired for a particular use, Figs. 1-7; Col. 1, ln. 55-Col. 3, ln. 47.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the pet ramp of heartsill et al. with a handrail/screen as taught by Churchfield et al. in order to improve safety.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Heartsill et al. US 7,185,381 in view of Osterholm US 5,076,547. Heartsill et al. disclose a foldable ramp comprising:
A landing (12) pivotably attached to a stair assembly (20/22). Figs. 1-3.
A ramp assembly (14, 16) pivotably attached to one another and said landing.
A support leg (18) pivotably attached to a bottom side of the landing. Figs. 4,9.
A bracket and strap assembly (11) attached to a wall (24) of a stair assembly (20/22).
Wherein in a deployed position the landing is parallel with a ground surface and the ramp assembly being pivotably attached to the landing contacts the ground providing an
inclined ramp and expanded landing area (12/22). Figs. 5-6.
What Heartsill et al. does not disclose is a pivoting handrail mounted to the wall of the truck. However Osterholm teaches it is known to pivotably mount a collapsible handrail (18) adjacent a truck door (15). The handrail providing support to a user on a staircase (24) adjacent the door of the vehicle. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the pet ramp of Heartsill et al. with the pivoting handrail taught by Osterholm in order to improve safety.
Claim(s) 1, 13, 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over (Ahn et al.) KR 102259165 in view of Jakubowski et al. 2020/0308842.
Ahn discloses a riding arena (1) comprising:
A landing (22) foldably mounted to a wall of the arena.
A pivoting handrail (24) mounted to the landing and foldable between an operation
position and a storage position.
A stair (24) having a handrail (27) attachable to the landing and pivoting handrail (24).
What Ahn et al. do not disclose is the use of a ramp. However, Jakubowski et al. teach a free standing pet ramp comprising a landing (14) and a ramp section (12). The ramp having pivotably connected support legs (20, 24) and a pivotable connection between the landing and the ramp. See fig. 1; Col. 2, ln. 44-Col. 3, ln. 20. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the riding arena of Ahn et al. with a pivotably mountable ramp as taught by Jakubowski et al. in order to meet ADA requirements.
Allowable Subject Matter
Claims 8, 19 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.
Claim 7 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.
Conclusion
10. Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAYMOND W ADDIE whose telephone number is (571)272-6986. The examiner can normally be reached on m-f 7:30-12:30, then 6-9pm.
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/RAYMOND W ADDIE/Primary Examiner, Art Unit 3671 02/09/2026