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 .
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 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.
Claim 1 recites the limitation "the back". There is insufficient antecedent basis for this limitation in the claim, as ‘a stairway backing’ is previously recited. Claims 2-7 depend from claim 1 and are subsequently rejected.
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.
Claim(s) 1 and 2 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Olson US 20230047912.
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Modified Figure 2 US 20230047912
Regarding claim 1, Olson discloses a stairway assembly for an inflatable structure (Olson, abstract) comprising: a stairway backing (100) affixed to the inflatable structure; a pair of step anchors (16) affixed along the length of the stairway backing; and a step member (200) detachably mounted to the stairway back between one of the pair of step anchors (Olson, Figure 2).
Regarding claim 2, Olson further discloses each of the pair of step anchors includes a first anchor member (16) and a second anchor member (16) spaced from the first anchor member along the stairway backing for receiving the step member there between (Olson, Figure 2).
Allowable Subject Matter
Claim 8 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.
Claims 3-7 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.
The following is a statement of reasons for the indication of allowable subject matter: The prior art does not disclose or suggest the claimed invention wherein each of the first and second anchor members include an integral anchor flap that folds over the flat base part to secure the step member.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: FR 2388124.
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/KRISTEN C HAYES/Primary Examiner, Art Unit 3642
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