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 .
The amendment filled 08/21/2026 has been entered. Claim 38 has been cancelled. Claims 22-30, 33 and 39-40 have been amended. Therefore, claims 22-37 and 39-40 remain pending in the application.
Drawings
The drawings are objected to because:
Note that as best understood the “outer pin hole” is referred to with numerals 224C & 224D, however, these reference lines in fig. 24 do not appear to be pointing to a hole.
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 “a pin” and “second cross brace” claim 37 (Note that the “second cross brace” identified in the supplemental specification of 08/21/2026 points to reference numeral 75 as illustrated in fig. 3; however, this cannot be the claimed “second cross brace” since as recited in claim 37: “a second cross brace coupled to the first outer right rail and the first outer left rail”, the second cross brace should be coupled to the two outer rails while that is not the case for brace 75 shown in fig. 3) 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.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: “second cross brace” claim 37. Note that the “second cross brace” identified in the supplemental specification of 08/21/2026 points to reference numeral 75 as illustrated in fig. 3; however, this cannot be the claimed “second cross brace” since as recited in claim 37: “a second cross brace coupled to the first outer right rail and the first outer left rail”, the second cross brace should be coupled to the two outer rails while that is not the case for brace 75 shown in fig. 3.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 33 and 39 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 11 of U.S. Patent No. 11851949 in view of Simpson, US (2005/0274571). Although the claims at issue are not identical, they are not patentably distinct from each other because all elements are disclosed in the parent patent ‘949 i.e., claim 11 covers the reinforcement plate disposed between the first outer right rail and the first inner right rail, the reinforcement plate conforming to a web of the first outer right rail, the reinforcement plate further having a bend aligned with the bend of the first outer right rail. And where claim 16, which depends from claim 11 recites the limitations of the articulated hinge, and where the pin “which extends through the left outer hinge plate and the right outer hinge plate and the left inner hinge plate and the right inner hinge plate and the center inner hinge plate spacer” inherently also teaches the cutout as recited in claims 33 and 39. And where ref 949 does not cover the cross brace as recited in claim 33; reference Simpson teaches a cross brace (90; fig. 3) coupled to the first outer left rail and the first outer right rail (see annotated drawings below), the cross brace disposed adjacent a bottom end of the ladder (see annotated drawings below). Therefore, before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to utilize the cross brace as taught by Simpson onto the ladder of ref 949 for the predictable result with reasonable expectation of success i.e., to reinforce the bottom portion of the ladder which bears the most load as well as torsion and shear forces resulting from the twists of the upper and intermediate portions of the ladder with every day use.
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Allowable Subject Matter
Claims 22-32 are allowed.
Response to Arguments
Applicant’s arguments filed 08/21/2026 have been fully considered and are persuasive. The corresponding rejections have been withdrawn. However, the application could not be allowed at the current time per the objections and double patenting rejection pending in the application.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 SHIREF M MEKHAEIL whose telephone number is (571)270-5334. The examiner can normally be reached 10-7 Mon-Fri.
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, Daniel Cahn can be reached at 571-270-5616. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/S.M.M/Examiner, Art Unit 3634
/DANIEL P CAHN/Supervisory Patent Examiner, Art Unit 3634
