DETAILED ACTION
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 14 May 2026 has been entered.
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.
Claim(s) 1, 3-5, 7, and 9-12 are rejected under 35 U.S.C. 103 as being unpatentable over Goodman (US 2019/0003187 A1) in view of Ooi (US 5,026,028 A).
Regarding claim 1, Goodman discloses a stair railing, comprising: at least two fixed vertical posts (106 in Fig. 1); at least one horizontal rail (102) connected to the vertical post through a movable connecting mechanism (108 and 110), so that the horizontal rail is rotatable in relation to the fixed vertical post (see Fig. 3C); wherein the movable connecting mechanism comprises: an insertion part (410 in Fig. 4 and A in annotated Figure 4 below) with at least a portion of the insertion part being arc-shaped (see Fig. 4), and a receiving part (310 and 312 in Fig. 3B) that has a receiving space compatible with the insertion part (see Fig. 3C);
wherein the insertion part comprises: an insertion body (410 in Fig. 4), which is cylindrical and extends along an axis direction (see Fig. 4), and a connector (A in annotated Figure 4 below), wherein one end of the connector is rigidly connected to the insertion body (see Fig. 4), and wherein the receiving part comprises: a receiving body (310 and 312), wherein the receiving body is provided with a curved recess which is configured to form the receiving space (see Figs. 3B-3C) and a connecting gap (C in annotated Figure 3B below) located on a surface of the receiving body (see Fig. 3B), wherein the connecting gap is connecting with the curved recess and configured to allow the connector to pass through (see Figs. 3B-3C).
Goodman fails to disclose as claimed that the other end of the connector is rigidly connected to the horizontal rail; wherein the receiving part comprises: a receiving body rigidly connected to the top of the vertical post; wherein the receiving body is provided with a first surface rigidly connected to the vertical post and a second surface where the connecting gap is located; and
wherein the receiving part is fixedly attached to the fixed vertical post.
Goodman does disclose that the connector (A in annotated Figure 4 above) is rigidly connected to the vertical post (106, see Fig. 1) but fails to disclose as claimed that the connector is rigidly connected to the horizontal rail.
However, Ooi teaches a railing comprising an insertion part (12a and B in annotated Figure 1 below) having an insertion body (12a), a receiving part (2), and a connector (B in annotated Figure 1 below) with one end rigidly connected to the insertion body and the other end rigidly connected to the horizontal rail (10), in order to provide a connection that allows the horizontal rail and receiving part to be turned freely up and down relative to one another (see Column 3 lines 19-33) and further to allow the smaller insertion body to be rigidly attached to the rail, making the rail a lighter weight component and reducing forces applied to the rail.
Applicant is reminded that a mere reversal of the essential working parts of a device involves only routine skill in the art. In re Gazda, 219 F.2d 449, 104 USPQ 400 (CCPA 1955).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the stair railing of Goodman, with Ooi, such that it comprises the insertion body of Goodman rigidly attached to the rail of Goodman and the receiving part of Goodman rigidly attached to the post of Goodman as shown by example in Fig. 1 of Ooi, in order to provide a connection that allows the horizontal rail and receiving part to be turned freely up and down relative to one another (see Column 3 lines 19-33 of Ooi) and further to allow the smaller insertion body to be rigidly attached to the rail of Goodman, making the rail a lighter weight component and reducing forces applied to the rail.
Accordingly, the combination of Goodman and Ooi teaches as claimed that the other end of the connector (A in annotated Figure 4 below) is rigidly connected to the horizontal rail (102 of Goodman); and wherein the receiving part comprises: a receiving body (310 and 312 of Goodman) rigidly connected to the top of the vertical post (106 of Goodman, see Fig. 1 of Goodman),
wherein the receiving body is provided with a first surface (D in annotated Figure 3B below) rigidly connected to the vertical post (106 of Goodman, as taught by Ooi) and a second surface (E in annotated Figure 3B below) where the connecting gap is located (see Fig. 3B of Goodman); and
wherein the receiving part is fixedly attached to the fixed vertical post (see NOTE below).
NOTE: The combination of Goodman and Ooi teaches the receiving part (310 and 312 of Goodman) located on the post attachment portion (400 in Fig. 4 of Goodman). Therefore, the receiving part is fixedly attached to the vertical post as taught by the prior art combination.
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Figure 1. Annotated Figure 4.
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Figure 2. Annotated Figure 1.
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Figure 3. Annotated Figure 3B.
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Figure 4. Annotated Figure 3B.
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Figure 5. Annotated Figure 3B.
Regarding claim 3, the combination of Goodman and Ooi teaches wherein the cylindrical insertion body (410 of Goodman) is provided with a gap (see Fig. 4 of Goodman) extending along the axis direction and located opposite the connector (A in annotated Figure 4 above, see Fig. 4 of Goodman).
Regarding claim 4, the combination of Goodman and Ooi teaches wherein the cylindrical insertion body (410 of Goodman) is hollow and provided with a predefined thickness (see Figs. 3C-4 of Goodman).
Regarding claim 5, the combination of Goodman and Ooi teaches wherein the connector (A in Annotated Figure 4 above) extends along the axis direction and reaches both ends of the cylindrical insertion body (410 of Goodman, see Fig. 4 of Goodman).
Regarding claim 7, the combination of Goodman and Ooi teaches wherein the connecting gap (C in annotated Figure 3B above) has a predefined width (see Fig. 3B of Goodman), so that the connector (A in annotated Figure 4 above) is allowed to swing within a predetermined angular range (see Fig. 3C of Goodman).
Regarding claim 9, the combination of Goodman and Ooi teaches wherein the receiving body (310 and 312 of Goodman) is provided with a first lateral surface and a second lateral surface (lateral side surfaces of 310 and 312 of Goodman shown in Figs. 3A-3B of Goodman), and the curved recess traverses the receiving body along the axis direction to form two circular openings on the first lateral surface and second lateral surface (see Figs. 3A-3C of Goodman).
Regarding claim 10, the combination of Goodman and Ooi teaches wherein the receiving part (310 and 312 of Goodman) further comprises at least two cover plates (see NOTE below) detachably fixed to the first lateral surface and second lateral surface to cover the circular openings (see Figs. 3A-3C of Goodman).
NOTE: The at least two cover plates are the washers shown in Fig. 3A of Goodman that accompany the screws 304 of Goodman. See in paragraph [0037] of Goodman that two hinge screws can be used, and therefore two washers can be used. Accordingly, the washers are considered the cover plates.
Regarding claim 11, the combination of Goodman and Ooi teaches wherein the horizontal rail (102 of Goodman) comprises a horizontal rail body (502 of Goodman) with a predefined length (see Fig. 5A) and a handrail portion (504 of Goodman) positioned on an upper surface of the horizontal rail body (see Fig. 5A of Goodman); wherein a lower surface of the horizontal rail body is connected to the vertical post (106 of Goodman) through the movable connecting mechanism (108 and 110 of Goodman, see Figs. 1 and 5A of Goodman).
Regarding claim 12, the combination of Goodman and Ooi teaches wherein the stair railing (see Fig. 1 of Goodman) is consisting of a single horizontal rail (102 in Fig. 1 of Goodman) and two fixed vertical posts (106 of Goodman), and the two fixed vertical posts are connected to respective ends of the horizontal rail through the movable connecting mechanism (108 and 110 of Goodman, see Fig. 1 of Goodman of Goodman).
Response to Arguments
Applicant's arguments filed 29 April 2026 have been fully considered but they are not persuasive.
Applicant's arguments filed 29 April 2026, pages 1-2, recite: “The technical effect associated with the emphasized features of amended claim 1 is that the insertion and receiving part is not fixed through the gap 313. This ensures that the connecting structure will not fail through loosening of the fixing structure as seen in Fig 6B of Goodman and Fig 1 of Ooi. Rotational motion and vibration during the use of the rail structure may apply torsion to the connecting system of Goodman and Ooi, leading to the screw fixing the rotating structure to loosen and eventually fail. Moving the fixing means as seen in the current amendment of claim 1 (previously claim 8) outside the rotating structure such as Fig. 6 of the invention eliminates this risk, reduces wear and tear of the rotating structure and therefore lengthens the usable life of the entire railing system…”. Examiner respectfully disagrees.
The limitations in which Applicant is referring to regarding the insertion and receiving part not being fixed through the gap are not within the current claims. Any such arguments regarding limitations not within the claim language are moot as the claims do not need to meet such limitations. Further, Applicant argues that vibration during use of the rail can cause fasteners to loosen and the system to fail. Applicant’s arguments regarding placement of fasteners are not persuasive. Again, Applicant is referring to limitations that are not in the claims. The prior art also makes clear that at the time of the prior art, such a connection was known in the art.
Applicant's arguments filed 29 April 2026, page 2, recites: “In Goodman, the curve defined by the exterior surfaces of element 310 and 312 is construed to be the first surface of claim 8, while the lips of said curve were construed as the second surface of claim 8. However, the railing 500 of Goodman is fixably connected to the hinge element vis screw 600 (Fig. 6B), while the receiving element of the invention is rigidly connected to the fixed vertical post (Fig. 6). While both means are used to restrain the movement of the element, rigid connection of the elements in Claim 8 emphasize the non-deformable connection of the elements. The loosening of the fixing parts previously mentioned also applies to the connection herein, where in contrast such loosening does not apply to a rigid connection such as in the invention…”. Examiner respectfully disagrees.
It is unclear as to what Applicant is attempting to argue. The recitation of “the non-deformable connection of the elements” is unclear as to its pertinence with regard to the newly amended independent claim language. Further, the rigid connection, as now claimed in independent claim 1, is taught by the reversal of parts in combination with prior art Ooi. Lastly, Applicants mention of “loosening of the fixing parts” is moot. Any arguments regarding limitations not within the claim language are moot as the claims do not need to meet such limitations.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZACHARY A HALL whose telephone number is (571)272-5907. The examiner can normally be reached Monday through Thursday 8:00am to 4:00pm.
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/ZAH/Examiner, Art Unit 3678
/AMBER R ANDERSON/Supervisory Patent Examiner, Art Unit 3678
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