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 .
Drawings
The drawings are objected to because:
Claim 22 recites a “cutout” in the “outer right stem portion” and a “cutout” in the “inner right stem portion”; the only reference numeral in the specification for a cutout is 240; where this numeral cannot be found in the drawings, however, figures 22 and 24 have reference numeral 340 that appear to be pointing to cutout (no reference 340 being mentioned in the specification). However, even if the cutouts 340 in those figures were to be considered the claimed cutout, they do not appear to align as recited in claims 23 and 25.
Note that while they appear to be disclosed in the drawings, the specification lacks refence numerals to the nomenclature of the limitations in the claims e.g., first, second, right, left ... inner, outer ... rails, plates, etc.
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 “outer right body portion” and “inner right body portion” claim 22 and “second cross brace” claim 37 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:
Outer right body portion
Inner right body portion
Second cross brace
Reinforcement bracket
Projections
Claim Objections
Claims 22, 23, 25, 30 and 33 are objected to because of the following informalities:
Claim 22, line 6-7 recites “a second plurality of rungs coupled to the second outer right rail and a corresponding second inner left rail”; as shown in the disclosure, the second plurality of rungs in the claim is referring to the outer rungs which are coupled between the right and left outer rails. Therefore, the limitation “second inner left rail” in the above recitation appears to be mistaken. For examination, examiner will assume “second outer left rail” to best expedite prosecution. For brevity, the issue above appears to also apply to the cross brace in claim 33, which only appear to be coupled to outer rails (not inner as recited in line 10).
Claim 22 line 12 recites the limitation “at least one inner right hinge plate”; the word “hinge” appears to have been inadvertently added to this limitation, for example considering parallel language between the inner and outer plate assemblies, line 10 recites “at least one outer right plate”. In addition, claims 25 and 30 re-establishes “at least one inner right plate”; which also appear to be the same limitation in line 12 of claim 22 from which they depend.
Claim 23 establishes the limitation “at least one outer right plate” which appears to be a limitation already established in claim 22 from which claim 23 depends.
Claim 23 also recites the limitations: “a first outer right stem portion”, “a first cutout”, “a second outer right stem portion” and “second cutout” (note that the limitation “second cutout” is missing an article such “a” to precede the limitation); do these limitations include or are in addition to “an outer right stem portion” and “an inner right stem portion” and their associated cutouts, respectively established in claim 22? The same issue applies to “a first inner right plate” and “a second inner right plate” in line 3 of claim 25 as well as “a first inner right stem portion with a first cutout, the second inner right plate including a second inner right stem portion with second cutout aligned with the first cutout” in claim 25. The issues above appear to also occur in claim 30.
Please Note that throughout the claims there are discrepancies between the use of terms to refer to the same limitation and/or re-establishing of limitations already established in the claims. Above are none limiting examples.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
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.
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.
Claims 22-25 and 29-31 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Moss, US (2003/0188923).
In regards to claim 22 Moss discloses:
A ladder (10; fig. 1) comprising:
a first section (left hand side half of ladder 10 including 20s, 12, 18; fig. 1) having a first inner right rail (right hand side interior rail 20 of left hand side half), a first outer right rail (right hand side exterior rail 18 of left hand side half) disposed about the first inner right rail (as shown in fig. 1), and a first plurality of rungs (24s) coupled to the first inner right rail and a corresponding first inner left rail (24s coupled between right and left hand side interior rails 20 of left hand side half; as shown in fig. 1);
a second section (right hand side half of ladder 10 including 20s, 12, 18; fig. 1) having a second inner right rail (right hand side interior rail 20 of right hand side half), a second outer right rail (right hand side exterior rail 18 of right hand side half) disposed about the second inner right rail (as shown in fig. 1), and a second plurality of rungs (22s) coupled to the second outer right rail and a corresponding second inner left rail [outer left rail; as best understood / interpreted and as illustrated in the drawings; see claim objection above] (22s coupled between right and left hand side exterior rails 18s of right hand side half; as shown in fig. 1); and
an articulated hinge (hinge 16; as shown in figs. 30-32) rotatably securing the first section to the second section (as indicted with also numeral 16 as shown in figs. 1, 2), the articulated hinge comprising a first outer right plate assembly (first armature 194; fig. 30, 32) coupled to a first inner right plate assembly (second armature 196), the first outer right plate assembly (first armature 194) including at least one outer right plate (194a, 194b) having an outer right stem portion (vertical portions of 194) with at least one cutout (either cutout through which 198 or 230 passes; fig. 31, or bottom cutout 218 in 194; fig. 30) and an outer right body portion (upper curved portion of armature 194 surrounding frame 214; fig. 32), the first inner right plate assembly (second armature 196) including at least one inner right hinge plate (196a, 196b) having an inner right stem portion (vertical portions of 196) with at least one cutout (either cutout through which 198 or 230 passes; fig. 31, or bottom cutout 218 in 196; fig. 30) and an inner right body portion (upper curved portion of armature 6 surrounding frame 214; fig. 32), the outer right body portion coupled to the first inner right rail (as shown in fig. 1, 2), and the inner right body portion coupled to the second inner right rail (as shown in fig. 1, 2).
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In regards to claim 23 Moss discloses at least one outer right plate (194a, 194b) includes a first outer right plate (194a) spaced from a second outer right plate (194b; spaced as shown in fig. 30), the first outer right plate including a first outer right stem portion (vertical portions of 194a) with a first cutout (either cutout through which 198 or 230 passes; fig. 31, or bottom cutout 218 in 194a; fig. 30), the second outer right plate including a second outer right stem portion (vertical portions of 194b) with second cutout aligned with the first cutout (either cutout through which 198 or 230 passes; fig. 31, or bottom cutout 218 in 194b; fig. 30; all of which align with respective cutouts in the first outer right plate).
In regards to claim 24 Moss discloses the first outer right plate assembly includes a spacer (216) disposed between the first outer right stem portion (vertical portion of 194a) and the second outer right stem portion (vertical portion of 194b) (as shown in fig. 30).
In regards to claim 25 Moss discloses at least one inner right plate includes a first inner right plate (196a) spaced (at least in the unassembled state) from a second inner right plate (196b), the first inner right plate including a first inner right stem portion (vertical portion of 196a) with a first cutout (either cutout through which 198 or 230 passes; fig. 31, or bottom cutout 218 in 196a; fig. 30), the second inner right plate including a second inner right stem portion (vertical portion of 196b) with second cutout aligned with the first cutout (either cutout through which 198 or 230 passes; fig. 31, or bottom cutout 218 in 196b; fig. 30; all of which align with respective cutouts in the first inner right plate).
In regards to claim 29 Moss discloses the outer right stem portion is disposed within an inner cavity of the first inner right rail, and wherein the inner right stem portion is disposed within an inner cavity of the second inner right rail (when 16 is installed in the right- and left-hand side halves of ladder 10 as shown in fig. 1).
In regards to claim 30 Moss discloses at least one outer right plate (194) includes a first outer right plate (194a) spaced from a second outer right plate (194b) to create a gap (space between 194a and 194b as shown in fig. 30), and wherein at least one inner right plate (196) includes a first inner right plate (196a) spaced from a second inner right plate (196b), the first inner right plate and the second inner right plate disposed within the gap (top portions of 196a and 196b disposed in the space between upper portions of 194a and 194b as shown in fig. 30).
In regards to claim 31 Moss discloses the first outer right rail includes a rail bend that positions at least a portion of the first outer right rail at an outward angle relative to the first inner right rail (right hand side exterior rail 18 of left hand side half is angled outward of the right hand side interior rail 20 of left hand side half as shown in fig. 1).
Claim Rejections - 35 USC § 103
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.
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 26-28 are rejected under 35 U.S.C. 103 as being unpatentable over Moss as applied to claim 25 above, and further in view of Foley, US (2018/0274296).
In regards to claim 26 Moss does not disclose a spacer disposed between the first inner right stem portion and the second inner right stem portion.
Foley teaches the first inner right plate assembly (inner plate assembly including plates 61s, 65; fig. 7) includes a spacer (65) disposed between the first inner right stem portion (one of the plates 61) and the second inner right stem portion (the other of plates 61; fig. 7).
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 spacer between the inner plate’s stem portions as taught by Foley between the stem portions of the inner plates of Moss for the predictable result with reasonable expectation of success i.e., to prevent cold or vacuum welding between the plates which would cause difficulty or damage to the plates during disassembling.
In regards to claim 27 Moss discloses the first inner right plate assembly further includes a first outer spacer (right hand side 216 on outer surface of 196a) and a second outer spacer (left hand side 216 on outer surface of 196b), the first outer spacer disposed between the first inner right plate and the second inner right rail, the second outer spacer disposed between the second inner right plate and the second inner right rail (per insertion of 196 in the second dinner right rail).
In regards to claim 28 examiner takes Official Notice that buttressing(s) are old and well-known in the art. A person of ordinary skill in the art, before the effective filing date of the claimed invention, would have utilized buttressing where fasteners are used to strengthen the area surrounding the fasteners, and prevent cracking of the plate due to over tightening of the fasteners.
Claim 33 is rejected under 35 U.S.C. 103 as being unpatentable over Moss, US (2003/0188923) in view of Simpson, US (2005/0274571).
In regards to claim 33 Moss discloses:
A ladder (10; fig. 1) comprising:
a first section (left hand side half of ladder 10 including 20s, 12, 18; fig. 1) having a first inner right rail (right hand side interior rail 20 of left-hand side half), a first outer right rail (right hand side exterior rail 18 of left-hand side half) disposed about the first inner right rail (as shown in fig. 1), and a first plurality of rungs (24s) coupled to the first inner right rail (as shown in fig. 1), the first outer right rail having an inner portion (interior of U-shaped rail 18 as shown in fig. 1) disposed adjacent the first inner right rail (top portion of 18) and an outer portion (outer surface of U-shaped 18);
a second section (right hand side half of ladder 10 including 20s, 12, 18; fig. 1) having a second inner right rail (right hand side interior rail 20 of right-hand side half), a second outer right rail (right hand side exterior rail 18 of right-hand side half) disposed about the second inner right rail (as shown in fig. 1), and a second plurality of rungs (22s) coupled to the second outer right rail (as shown in fig. 1);
an articulated hinge (hinge 16; as shown in figs. 30-32) rotatably securing the first section to the second section (as indicted with also numeral 16 as shown in figs. 1, 2), the articulated hinge having at least one hinge plate (either of plates 164a, 194b, 196a, 196b; figs. 30, 32) with a cutout (either cutouts through which 198 or 230 passes; fig. 31, or bottom cutouts 218 in 194 or 196; fig. 30) disposed therein
In regards to claim 33 Moss does not disclose a first cross brace coupled to the first inner right rail and the first outer right rail, the first cross brace disposed adjacent a bottom end of the ladder; and a first inner bracket coupled to the inner portion of the first outer right rail at a location where the first cross brace is coupled to the first outer right rail.
Simpson teaches a first cross brace (see annotated drawings of fig. 2 below) coupled to the first inner right rail [outer left rail; as best understood / interpreted and as illustrated in the drawings; see claim objection above] and the first outer right rail (as shown in re-produced fig. 2), the first cross brace disposed adjacent a bottom end of the ladder (at bottom portion of ladder 10; also, as shown in fig. 2); and
a first inner bracket (90; fig. 3) coupled to the inner portion of the first outer right rail (intermediate panel 96 coupled to the inner portion of 24 as shown in fig. 3) at a location where the first cross brace is coupled to the first outer right rail (as shown in figs. 2 and 3), the first inner bracket having a shape (U-shape) that conforms to a cross sectional shape of the first outer right rail (U-shape of 96 conforms to the U-shape of 24 as shown in fig. 3).
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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 and bracket protocol taught by Simpson onto the ladder of Moss 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.
Claims 34-37 are rejected under 35 U.S.C. 103 as being unpatentable over Moss and Simpson as applied to claim 33 above, and further in view of Miller, US (1419748).
In regards to claim 34 Moss and Simpson do not teach a reinforcement bracket that surrounds at least a portion of the first outer right rail and is disposed adjacent the bottom end of the first outer right rail.
Miller teaches a reinforcement bracket (17) that surrounds at least a portion of the first outer right rail (14) and is disposed adjacent the bottom end of the first outer right rail (as shown in fig. 1), the reinforcement bracket having a shape which conforms to the cross sectional shape of the first outer right rail (upper portion of 17 conforms to the rectangular shape of 14).
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 substitute the foot of Moss with the foot assembly taught by Miller for the predictable result with reasonable expectation of success i.e., to provide for a replaceable pad 18 while maintaining the foot frame 17 from wear and tear of everyday use.
In regards to claim 35 Miller teaches the reinforcement bracket is at least partially covered by a first outer right foot (18 covering the bottom of horizontal portion of 17 as shown in fig. 1) that fits onto the bottom end of the first outer right rail (as shown in fig. 1).
In regards to claim 36 Simpson teaches a second inner bracket (72) coupled to the inner portion of the first outer right rail above the first inner bracket (as shown in fig. 3), the second inner bracket having a shape that conforms to a cross sectional shape of the first outer right rail (U-shape of 72 conforms to U-shape of 24 as shown in fig. 3).
In regards to claim 37 (as best understood in light of lack of illustration and description in the disclosure), it has been held that a mere duplication of parts, such as the duplication of the cross brace, has no patentable significance unless a new and unexpected result is produced. A duplication of parts is generally recognized as being within the level of ordinary skill in the art. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1955). A person of ordinary skill in the art, before the effective filing date of the claimed in invention, would have found it obvious to duplicate the cross brace between the first outer right rail and the first outer left rail for the predictable result with reasonable expectation of success i.e., to enhance and reinforce the overall structure of the ladder.
Claim 39 is rejected under 35 U.S.C. 103 as being unpatentable over Moss, US (2003/0188923) in view of Yeh, US (9670726).
In regards to claim 39 Moss discloses:
A ladder (10; fig. 1) comprising:
a first section (left hand side half of ladder 10 including 20s, 12, 18; fig. 1) having a first inner right rail (right hand side interior rail 20 of left-hand side half), a first outer right rail (right hand side exterior rail 18 of left-hand side half) disposed about the first inner right rail (as shown in fig. 1), and a first plurality of rungs (24s) coupled to the first inner right rail (as shown in fig. 1);
a second section (right hand side half of ladder 10 including 20s, 12, 18; fig. 1) having a second inner right rail (right hand side interior rail 20 of right-hand side half), a second outer right rail (right hand side exterior rail 18 of right-hand side half) disposed about the second inner right rail (as shown in fig. 1), and a second plurality of rungs (22s) coupled to the second outer right rail (as shown in fig. 1);
an articulated hinge (hinge 16; as shown in figs. 30-32) rotatably securing the first section to the second section (as indicted with also numeral 16 as shown in figs. 1, 2), the articulated hinge having at least one hinge plate (either of plates 164a, 194b, 196a, 196b; figs. 30, 32) with a cutout (either cutouts through which 198 or 230 passes; fig. 31, or bottom cutouts 218 in 194 or 196; fig. 30) disposed therein; and
at least one rung (one of rungs 24) of the first plurality of rungs (24s) including a top portion (see annotated drawings) with a top flange (see annotated drawings), a bottom portion (see annotated drawings) with a bottom flange (see annotated drawings), and hollow center portion (see annotated drawings) disposed between the top flange and the bottom flange (reproduced fig. 1 below).
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In regards to claim 39 Moss does not explicitly disclose the at least one rung including a top web extending between the hollow center portion and the top flange, and ... a bottom web extending between the hollow center portion and the bottom flange.
Yeh teaches the top portion (111’; see annotated drawings) having a top web (see annotated drawings) extending between the hollow center portion (see annotated drawings) and the top flange (111’; see annotated drawings), and the bottom portion (112’; see annotated drawings) having a bottom web (see annotated drawings) extending between the hollow center portion (113’; see annotated drawings) and the bottom flange (112’; see annotated drawings).
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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 rung design taught by Yeh onto the rungs of Moss for the predictable result with reasonable expectation of success i.e., to provide a sturdy rung design with stepping surfaces for the several positions the ladder can be configured for, and to provide reinforcement webs to enhance the stability of the user standing on the flange portion of the rung.
Claim 40 is rejected under 35 U.S.C. 103 as being unpatentable over Moss and Yeh as applied to claim 39 above, and further in view of Homery, US (3495684).
In regards to claim 40 Moss and Yeh do not teach two first and two second projections disposed on an edge of the top and bottom flanges that engage with corresponding with two first and two second openings on the first inner right rail respectively.
Homery teaches two projections (121, 122) on edge of flange 118 that engage with corresponding openings (holes 16) on rail (10).
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 rung flange attachment protocol taught by Homery onto the edges of the top and bottom flanges of the rungs (along with their corresponding openings) of Moss as modified by Yeh for the predictable result with reasonable expectation of success i.e., to provide multiple attachment points for each of the top and bottom flanges where it would balance the load between two far ends of the flanges as compared to a single attachment point which would be prone to failure due to shear and torsion stresses.
Allowable Subject Matter
Claims 32, 38 and 41 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please refer to PTO-892 form for list of cited references.
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.
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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
Prosecution Insights